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ACTIONS
Board of Supervisors Meeting of June 8, 2005
June 10, 2005
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 6:00 p.m. by the
Chairman, Mr. Rooker. All BOS members were
present. Also present were Bob Tucker, Larry
Davis, and Debi Moyers.
4. From the Public: Matters Not Listed on the
Agenda.
• Tom Loach commented on the recent award for
the Crozet Master Plan and the need to fund
infrastructure in Crozet.
• Bonnie Stevens, a resident of Cismont, spoke
about Route 20 South and the need to keep the
project on track in the Six Year Plan.
• Jeff Werner, from Piedmont Environmental
Council, commented on the lack of affordable
housing in Albemarle County.
5.2 Adopt Resolution of Appropriations for Albemarle
County Operating and Capital Budgets for FY
2005/2006 and Resolution of Official Intent for use
of VPSA Bond Proceeds.
• APPROVED, by a vote of 6:0, the attached
Annual Resolution of Appropriations for FY
2005/2006 and the attached Resolution of
Official Intent to Reimburse Expenditures with
Proceeds of a Borrowing.
Clerk: Forward copies of signed resolutions to
Richard Wiggans, OMB, and School Division.
(Attachments 1 and 2)
6. SP-2004-041. Crickets Baked Goods and Catering
(Sign #33).
• APPROVED SP-2004-041, by a vote of 6:0,
subject to the five conditions as recommended
by the Planning Commission.
Clerk: Set out conditions of approval.
(Attachment 3)
7. ZTA-2004-03. Monticello Historic District (MHD).
• ADOPTED ZTA-2004-03, by a vote of 6:0, as
recommended by Planning Commission.
Clerk: Forward signed copy of Ordinance to
County Attorney’s Office, David Benish and
Amelia McCulley.
(Attachment 4)
8. ZMA-2004-05. Monticello Historic District (MHD)
• APPROVED ZMA-2004-05, by a vote of 6:0, as
proffered and signed by the applicant dated
May 10, 2005.
(Attachment 5)
9. ZTA-2004-06. Historic Center and Community
Center.
• ADOPTED ZTA-2004-06, by a vote of 6:0, as
recommended by Planning Commission.
Clerk: Forward signed copy of Ordinance to
County Attorney’s Office, David Benish and
Amelia McCulley.
(Attachment 6)
10. ZTA-2005-002. Airport Impact Overlay District
(AIA).
• ADOPTED ZTA-2005-002, by a vote of 6:0, as
recommended by Planning Commission.
Clerk: Forward signed copy of Ordinance to
County Attorney’s Office, David Benish and
Amelia McCulley.
(Attachment 7)
11. ZMA-2005-004. Airport Impact Area Overlay District
(AIA).
• APPROVED ZMA-2005-004, by a vote of 6:0.
12. From the Board: Matters Not Listed on the Agenda.
David Wyant:
• Said he has been receiving calls from
Clerk: Schedule “Removal of Temporary
2
constituents regarding advertising signs
throughout the County both in the right of way
and private property. After some discussion, it
was recommended that the issue be discussed
with Jim Utterback on July 6th.
• Asked the status of the Business Development
Coordinator position. Mr. Graham said the
position has been filled and the person will be
starting next Monday, June 13th. Her name is
Susan Stimart and he will be bringing her to the
July 6th meeting to introduce her to the Board.
• Asked if the topic streamlining, which was
discussed on June 1st, will be coming back to
the Board. Mr. Graham said they hope to bring
back some information in August.
Sally Thomas:
• Commented on Jeff Werner’s statements under
matters from the public.
• In a recent VML Newsletter they listed a
website, www.schoolmatters.com which she
found very informative. Said you can compare
Albemarle County schools.
• Pictures of Albemarle County are on the back
of the Faces & Places brochure from Virginia
Transit Association.
Dennis Rooker:
• Handed out a letter he received from a citizen
who lives on Garth Road in reference to
Foxfield Spring Steeplechase. His main
concern is the alcohol related problems. He
would like this brought to the attention of Chief
Miller. Also mentioned the substantial amount
of off-site parking and the fact that residents are
charging fees for the parking on their property.
Mr. Davis said he does not think that is a
permitted use.
• Said the Places 29 meeting held several weeks
ago was well attended. In addition, the
Planning Academy had 75-80 people in
attendance. Said staff did a good job at both
events and they are off to a very good start.
Ken Boyd:
• Discussed the action taken by the Board on
February 2, 2005, regarding Briarwood. The
final motion does not reflect the intended
action. He asked if the Board could amend or
clarify the motion tonight. After some
discussion, it was determined that the applicant
will have to make an application to amend the
Application Plan. Mr. Tucker said staff will try
to review the amended application as quickly as
possible. Mr. Graham said he would
encourage the applicant to limit this to simply
the setbacks and separations, no other
changes to the plan. Mr. Tucker stated staff
should write the note that needs to be on the
application plan to help the applicant.
Signs” under Transportation Matters on July 6th
agenda.
Mark Graham: Proceed as directed.
3
13. Adjourn.
• The meeting was adjourned at 8:10 p.m.
/djm
Attachment 1 – Annual Resolution of Appropriations for FY 2005/2006
Attachment 2 – Resolution of Official Intent to Reimburse Expenditures with Proceeds of a Borrowing
Attachment 3 – SP-2004-041. Conditions of Approval
Attachment 4 – ZTA-2004-03. Monticello Historic District (MHD) - [Ordinance No. 05-18 (5)]
Attachment 5 – ZMA 2004-05 Proffer Statement
Attachment 6 – ZTA-2004-06. Historic Center and Community Center – [Ordinance No. 05-18 (7)]
Attachment 7 – ZTA-2005-002. Airport Impact Overlay District (AIA) – [Ordinance No. 05-18 (6)]
4
ATTACHMENT 1
ANNUAL RESOLUTION OF APPROPRIATIONS
OF THE COUNTY OF ALBEMARLE
FOR THE FISCAL YEAR ENDING JUNE 30, 2006
A RESOLUTION making appropriations of sums of money for all necessary
expenditures of the COUNTY OF ALBEMARLE, VIRGINIA, for the fiscal year ending June 30,
2006; to prescribe the provisions with respect to the items of appropriation and their payment;
and to repeal all previous appropriation ordinances or resolutions that are inconsistent with
this resolution to the extent of such inconsistency.
BE IT RESOLVED by the Board of County Supervisors of the COUNTY OF
ALBEMARLE, VIRGINIA:
SECTION I - GENERAL GOVERNMENT
That the following sums of money be and the same hereby are appropriated from the
GENERAL FUND to be apportioned as follows for the purposes herein specified for the fiscal
year ending June 30, 2006:
Paragraph One: TAX REFUNDS, ABATEMENTS, & OTHER REFUNDS $137,000
1 Refunds and Abatements $137,000
Paragraph Two: GENERAL MANAGEMENT AND SUPPORT $9,315,938
1 Board of Supervisors $442,486
2 County Attorney $643,000
3 County Executive $1,298,806
4 Department of Finance $3,606,800
5 Department of Human Resources $956,543
6 Department of Information Technology $1,985,089
7 Voter Registration/ Elections $383,214
$9,315,938
Paragraph Three: JUDICIAL $3,108,863
1 Circuit Court $85,273
2 Clerk of the Circuit Court $635,000
3 Commonwealth's Attorney $711,772
4 General District Court $16,100
5 Juvenile Court $55,045
6 Magistrate $5,150
7 Sheriff's Office $1,600,523
$3,108,863
Paragraph Four: PUBLIC SAFETY $21,912,850
1 Albemarle County Fire/Rescue Department $3,917,958
2 Department of Police $9,984,652
3 Emergency Communications Center $1,550,927
4 Fire/Rescue Credit $45,000
5 Fire Department Contract (City of Charlottesville) $600,565
6 Forest Fire Extinguishment $14,000
7 Thomas Jefferson EMS Council $20,667
8 Volunteer Fire Departments $801,501
5
9 Volunteer Rescue Squads $372,792
10 Inspections $1,073,895
11 Community Attention Home $49,155
12 Juvenile Court Assessment Center - Community
Attention
13 Juvenile Detention Center $855,099
14 Offender Aid and Restoration (OAR) $131,913
15 Regional Jail Authority $2,346,844
16 SPCA Contract $147,882
$21,912,850
Paragraph Five: GENERAL SERVICES / PUBLIC WORKS $3,468,005
1 General Services / Public Works $3,468,005
$3,468,005
Paragraph Six: HUMAN SERVICES $14,342,991
1 AIDS Support Group $4,200
2 Boys and Girls Club $12,000
3 BRMC - Latino Lay Health Promoter $5,150
4 Charlottesville - Albemarle Legal Aid Society
(CALAS)
$34,117
5 Charlottesville Free Clinic $8,017
6 Children, Youth and Family Services (CYFS) $90,132
7 Commission on Children & Families (CCF) $199,661
8 Computers4Kids $8,887
9 FOCUS - Teensight $27,568
10 Health Department $809,455
11 Jefferson Area Board on Aging (JABA) $211,228
12 JAUNT $555,663
13 Madison House $8,467
14 Music Resource Center $5,638
15 Piedmont Virginia Community College (PVCC) $22,060
16 Region Ten Community Services $453,213
17 Sexual Assault Resource Agency (SARA) $23,781
18 Shelter for Help in Emergency (SHE) $76,320
19 SOCA $3,000
20 Department of Social Services $8,580,733
21 Tax Relief for Elderly/Disabled $678,638
22 United Way -Child Care $99,515
23 Bright Stars Transfer $470,138
24 Family Support Transfer $165,795
25 Comprehensive Services Act Transfer $1,789,615
$14,342,991
Paragraph Seven: PARKS, RECREATION AND CULTURE $5,286,679
1 Department of Parks & Recreation $2,107,107
2 Jefferson-Madison Regional Library $2,527,089
3 African American Festival $3,000
4 Ash-Lawn Highland $8,699
5 Lewis and Clark Festival $3,500
6 Literacy Volunteers $20,188
7 Municipal Band $16,000
8 Piedmont Council of the Arts $11,071
9 Virginia Discovery Museum $11,008
10 Virginia Festival of the Book $10,800
11 Virginia Film Festival $11,201
6
12 Visitors Bureau $387,138
13 WHTJ Public Television $4,336
14 WVPT Public Television $4,336
15 Albemarle County Fair $10,000
16 Darden Towe Park Transfer $151,206
$5,286,679
Paragraph Eight: COMMUNITY DEVELOPMENT $6,894,518
1 Albemarle Housing Improvement Program (AHIP) $419,274
2 Charlottesville Transit Service $265,972
3 Department of Community Development $4,848,725
4 Housing Office $782,494
5 Monticello Area Community Action Agency
(MACAA)
$168,892
6 Piedmont Housing Alliance (PHA) $48,361
7 Planning District Commission (TJPDC) $94,357
8 Soil and Water Conservation $82,156
9 VPI Extension Service $184,287
$6,894,518
Paragraph Nine: CAPITAL OUTLAYS $7,804,581
1 Transfer to General Government Capital
Improvements Fund - Recurring
$6,160,399
2 Transfer to General Government Capital
Improvements Fund - One-Time
$859,596
3 Transfer to Schools Capital Improvements Fund $334,586
4 Transfer to Stormwater Fund $450,000
$7,804,581
Paragraph Ten: REVENUE SHARING AGREEMENT $9,742,748
1 Revenue Sharing Agreement $9,742,748
Paragraph Eleven: OTHER USES OF FUNDS $94,585,354
1 Transfer to General Government Debt Service $1,929,082
2 Transfer to School Division Debt Service $11,013,888
3 Transfer to School Fund - Recurring $80,861,241
4 Transfer to School Fund - One Time $119,951
5 Vehicle Replacement Fund $289,115
6 Board Contingency Reserve $132,077
7 Salary Contingency $240,000
$94,585,354
Total GENERAL FUND appropriations for the fiscal year ending
June 30, 2006: $176,599,527
To be provided as follows:
$146,285,394
$3,649,034
$22,296,310
Revenue from Local Sources
Revenue from Local Sources - Transfers
Revenue from the Commonwealth
Revenue from the Federal Government $4,368,789
$176,599,527
Total GENERAL FUND resources available for fiscal year ending
June 30, 2006: $176,599,527
7
SECTION II: REGULAR SCHOOL FUND
That the following sums of money be and the same hereby are appropriated for
SCHOOL purposes herein specified to be apportioned as follows for the fiscal year ending
June 30, 2006:
Paragraph One: REGULAR SCHOOL FUND
1 Administration, Attendance & Health $8,099,423
2 Facilities Construction/ Modification $68,600
3 Facilities Operation/ Maintenance $12,096,060
4 Instruction $94,521,399
5 Pupil Transportation Services $8,167,644
6 Other Uses of Funds $3,332,861
$126,285,987
Total REGULAR SCHOOL FUND appropriations for fiscal year ending
June 30, 2006: $126,285,987
To be provided as follows:
$80,861,241
$119,951
$647,703
$2,722,206
$39,541,683
Revenue from Local Sources (General Fund
Transfer - Ongoing)
Revenue from Local Sources (General Fund
Transfer - One Time)
Revenue from Other Local Sources
Revenue from School Fund Balance, Carry-Over,
Transfers
Revenue from the Commonwealth
Revenue from the Federal Government $2,393,203
$126,285,987
Total REGULAR SCHOOL FUND resources available for fiscal year ending
June 30, 2006: $126,285,987
SECTION III: OTHER SCHOOL FUNDS
That the following sums of money be and the same hereby are appropriated for the
purposes herein specified to be apportioned as follows for the fiscal year ending
June 30, 2006:
Paragraph One: FOOD SERVICES
1 Maintenance/ Operation of School Cafeterias $3,628,400
2 Summer Feeding $300,000
$3,928,400
Total FOOD SERVICES appropriations for fiscal year ending
June 30, 2006: $3,928,400
To be provided as follows:
Revenue from Local Sources $2,971,400
$53,000
Revenue from the Commonwealth
Revenue from the Federal Government $904,000
$3,928,400
8
Total FOOD SERVICES resources available for fiscal year ending
June 30, 2006: $3,928,400
Paragraph Two: PRE-SCHOOL SPECIAL EDUCATION FUND
1 Special Ed Pre-School Program $68,940
Total PRE-SCHOOL SPECIAL EDUCATION FUND appropriations for fiscal
year ending June 30, 2006: $68,940
To be provided as follows:
Revenue from the Federal Government $68,940
Total PRE-SCHOOL SPECIAL EDUCATION FUND resources available for
fiscal year ending June 30, 2006: $68,940
Paragraph Three: McINTIRE TRUST FUND
1 Payment to County Schools $10,000
Total McINTIRE TRUST FUND appropriations for fiscal year ending
June 30, 2006: $10,000
To be provided as follows:
Revenue from Investments Per Trust $10,000
Total McINTIRE TRUST FUND resources available for fiscal year ending
June 30, 2006: $10,000
Paragraph Four: PREP PROGRAM
1 C. B. I. P. Severe $869,825
2 E. D. Program $752,058
$1,621,883
Total PREP PROGRAM appropriations for fiscal year ending
June 30, 2006: $1,621,883
To be provided as follows:
Revenue from Tuition and Fees $1,621,883
Total PREP PROGRAM resources available for fiscal year ending
June 30, 2006: $1,621,883
Paragraph Five: FEDERAL PROGRAMS
1 Adult Education $114,050
2 Carl Perkins $163,003
3 Chapter I $1,160,750
4 Drug Free Schools $51,756
5 Migrant Education $86,000
9
6 Title II $401,282
7 English Literacy/Civics $47,458
8 Economically Dislocated Workers $20,000
9 Title III $79,685
10 Title V $47,254
11 Bright Stars $36,362
12 Reading First $100,000
13 Refugee Grant $7,000
14 Families in Crisis $12,000
$2,326,600
Total FEDERAL PROGRAMS appropriations for fiscal year ending
June 30, 2006: $2,326,600
To be provided as follows:
Revenue from Local Sources $21,550
Revenue from Local Sources (Transfer from School
Fund)
$33,500
Revenue from the Federal Government $2,271,550
$2,326,600
Total FEDERAL PROGRAMS resources available for fiscal year ending
June 30, 2006: $2,326,600
Paragraph Six: COMMUNITY EDUCATION FUND
1 Community Education $1,422,389
Total COMMUNITY EDUCATION FUND appropriations for fiscal year
ending June 30, 2006: $1,422,389
To be provided as follows:
Revenue from Local Sources - Tuition $1,422,389
Total COMMUNITY EDUCATION FUND resources available for fiscal
ending June 30, 2006: $1,422,389
Paragraph Seven: SUMMER SCHOOL
1 Summer School $557,683
Total SUMMER SCHOOL appropriations for fiscal year ending
June 30, 2006: $557,683
To be provided as follows:
Revenue from Local Sources (Transfer from School
Fund)
$234,243
$165,440
$8,000
Revenue from Local Sources - Tuition
Miscellaneous Revenues
Revenue from the Commonwealth $150,000
$557,683
Total SUMMER SCHOOL resources available for fiscal year ending
June 30, 2006: $557,683
10
Paragraph Eight: SCHOOL BUS REPLACEMENT
1 School Bus Replacement $1,100,000
Total SCHOOL BUS REPLACEMENT appropriations for fiscal year
ending June 30, 2006: $1,100,000
To be provided as follows:
Revenue from Local Sources (Transfer from School
Fund)
$1,100,000
Total SCHOOL BUS REPLACEMENT resources available for fiscal year
ending June 30, 2006: $1,100,000
Paragraph Nine: AIMR SUMMER RENTAL FUND
1 AIMR Summer Rental $446,000
Total AIMR SUMMER RENTAL FUND appropriations for fiscal year ending
June 30, 2006: $446,000
To be provided as follows:
Revenue from Local Sources (rental) $446,000
Total AIMR SUMMER RENTAL FUND resources available for fiscal ending
June 30, 2006: $446,000
Paragraph Ten: INTERNAL SERVICE - VEHICLE MAINTENANCE FUND
1 Vehicle Maintenance $542,500
Total INTERNAL SERVICE VEHICLE MAINTENANCE FUND appropriations
for fiscal year ending June 30, 2006: $542,500
To be provided as follows:
Revenue from Local Sources (charges) $542,500
Total INTERNAL SERVICE VEHICLE MAINTENANCE FUND resources
available for fiscal year ending June 30, 2006: $542,500
Paragraph Eleven: GENERAL ADULT EDUCATION FUND
1 General Adult Education $12,500
Total GENERAL ADULT EDUCATION FUND appropriations for fiscal year
ending June 30, 2006: $12,500
To be provided as follows:
Revenue from Local Sources $4,000
11
Revenue from the Commonwealth $8,500
$12,500
Total GENERAL ADULT EDUCATION FUND resources available for fiscal
year ending June 30, 2006: $12,500
Paragraph Twelve: DRIVERS SAFETY FUND
1 Drivers Safety Fund $246,870
Total DRIVERS SAFETY FUND appropriations for fiscal year ending
June 30, 2006: $246,870
To be provided as follows:
$195,979
Revenue from Tuition
Revenue from the Commonwealth $50,891
$246,870
Total DRIVERS SAFETY FUND resources available for fiscal year ending
June 30, 2006: $246,870
Paragraph Thirteen: OPEN DOORS FUND
1 Open Doors Fund $99,700
Total OPEN DOORS FUND appropriations for fiscal year ending
June 30, 2006: $99,700
To be provided as follows:
$98,500
Revenue from Tuition
Revenue from Local Sources (Advertisements) $1,200
$99,700
Total OPEN DOORS FUND resources available for fiscal year ending
June 30, 2006: $99,700
Paragraph Fourteen: STATE PROGRAMS
1 Special Education SLIVER Grant $21,142
2 Special Education Jail Program $114,945
3 Algebra Readiness $46,838
4 Individualized Student Alternative Education $23,576
5 Teacher Mentor Program $8,354
$214,855
Total STATE PROGRAMS appropriations for fiscal year ending
June 30, 2006: $214,855
To be provided as follows:
Revenue from the Commonwealth $214,855
Total STATE PROGRAMS resources available for fiscal year ending
June 30, 2006: $214,855
12
Paragraph Fifteen: JEFFERSON REGIONAL DESTINATION IMAGINATION
1 Jefferson Regional Destination Imagination $11,002
Total JEFFERSON REGIONAL DESTINATION IMAGINATION
appropriations for fiscal year ending June 30, 2006: $11,002
To be provided as follows:
$3,020
Revenue from Registration Fees
Revenue from Local Sources $7,982
$11,002
Total JEFFERSON REGIONAL DESTINATION IMAGINATION resources
available for fiscal year ending June 30, 2006: $11,002
Paragraph Sixteen: COMPUTER EQUIPMENT REPLACEMENT FUND
1 Computer Equipment Replacement Fund $550,000
Total COMPUTER EQUIPMENT REPLACEMENT FUND appropriations for
fiscal year ending June 30, 2006: $550,000
To be provided as follows:
Revenue from Local Sources (Transfer from School
Fund)
$550,000
Total COMPUTER EQUIPMENT REPLACEMENT FUND resources
available for fiscal year ending June 30, 2006: $550,000
Paragraph Seventeen: BUILDING SERVICES CONTINGENCY FUND
1 Building Services Contingency Fund $100,000
Total BUILDING SERVICES CONTINGENCY FUND appropriations for fiscal
year ending June 30, 2006: $100,000
To be provided as follows:
Revenue from Local Sources (Transfer from School
Fund)
$100,000
Total BUILDING SERVICES CONTINGENCY FUND resources available for
fiscal year ending June 30, 2006: $100,000
Paragraph Eighteen: FUEL CONTINGENCY FUND
1 Fuel Contingency Fund $100,000
Total FUEL CONTINGENCY FUND appropriations for fiscal year ending
June 30, 2006: $100,000
To be provided as follows:
Revenue from Local Sources (Transfer from School
Fund)
$100,000
13
Total FUEL CONTINGENCY FUND resources available for fiscal year
ending June 30, 2006: $100,000
GRAND TOTAL - OTHER SCHOOL FUNDS $13,359,322
SECTION IV: OTHER SPECIAL REVENUE FUNDS
That the following sums of money be and the same hereby are appropriated for OTHER
PROGRAM purposes herein specified to be apportioned as follows for the fiscal year ending
June 30, 2006:
Paragraph One: COMPREHENSIVE SERVICES ACT FUND
1 Comprehensive Services Act Program
Expenditures
$6,163,127
Total COMPREHENSIVE SERVICES ACT appropriations for fiscal year
ending June 30, 2006: $6,163,127
To be provided as follows:
Revenue from Local Sources (Transfer from General
Fund)
$1,789,615
Revenue from Local Sources (Transfer from School
Fund)
$890,000
Revenue from the Commonwealth $3,483,512
$6,163,127
Total COMPREHENSIVE SERVICES ACT resources available for the fiscal
year ending June 30, 2006: $6,163,127
Paragraph Two: BRIGHT STARS 4 YEAR OLD PROGRAM FUND
1 Bright Stars Program $702,699
Total BRIGHT STARS 4 YEAR OLD PROGRAM FUND appropriations for
the fiscal year ending June 30, 2006: $702,699
To be provided as follows:
Revenue from Local Sources (Transfer from General
Fund)
$470,138
Revenue from Local Sources (Transfer from School
Fund)
$23,000
MJ Child Health Grant $5,000
Revenue from the Commonwealth $204,561
$702,699
Total BRIGHT STARS 4 YEAR OLD PROGRAM FUND resources available
for the fiscal year ending June 30, 2006: $702,699
Paragraph Three: FAMILY SUPPORT FUND
1 Family Support Program $740,431
14
Total FAMILY SUPPORT FUND appropriations for the fiscal year ending
June 30, 2006: $740,431
To be provided as follows:
$165,795
$125,000
Revenue from Local Sources (General Fund)
Revenue from Local Sources (School Fund)
Revenue from the Federal Government $449,636
$740,431
Total FAMILY SUPPORT FUND resources available for fiscal year ending
June 30, 2006: $740,431
Paragraph Four: TOWE MEMORIAL PARK FUND
1 Darden Towe Memorial Park $260,345
Total TOWE MEMORIAL PARK FUND appropriations for the fiscal year
ending June 30, 2006: $260,345
To be provided as follows:
$151,206
Revenue from Local Sources (General Fund)
Other Local Sources $109,139
$260,345
Total TOWE MEMORIAL PARK FUND resources available for fiscal year
ending June 30, 2006: $260,345
Paragraph Five: E-911 SERVICE CHARGE FUND
1 E-911 Operations and Debt Service (Transfer to
General Fund)
$1,147,000
TOTAL E-911 SERVICE CHARGE FUND appropriations for fiscal year
ending June 30, 2006: $1,147,000
To be provided as follows:
Revenue From Local Sources $1,147,000
Total E-911 SERVICE CHARGE FUND resources available for fiscal year
ending June 30, 2006: $1,147,000
Paragraph Six: VISITOR CENTER FUND
1 Debt Service $67,734
TOTAL VISITOR CENTER FUND appropriations for fiscal year ending
June 30, 2006: $67,734
To be provided as follows:
Revenue from Local Sources $67,734
15
Total VISITOR CENTER FUND resources available for fiscal year ending
June 30, 2006: $67,734
Paragraph Seven: COURTHOUSE MAINTENANCE FUND
1 Transfer to General Government Capital
Improvements Fund
$30,000
TOTAL COURTHOUSE MAINTENANCE FUND appropriations for fiscal
year ending June 30, 2006: $30,000
To be provided as follows:
Revenue from Local Sources $30,000
Total COURTHOUSE MAINTENANCE FUND resources available for fiscal
year ending June 30, 2006: $30,000
Paragraph Eight: TOURISM FUND
1 Tourism Enhancement (Transfer to General Fund) $443,492
2 Tourism Projects (Transfer to General Government
Capital Improvements Fund)
$445,000
$888,492
TOTAL TOURISM FUND appropriations for fiscal year ending
June 30, 2006: $888,492
To be provided as follows:
Revenue from Local Sources $888,492
Total TOURISM FUND resources available for fiscal year ending
June 30, 2006: $888,492
Paragraph Nine: UNITED WAY DAY CARE FUND
1 United Way Day Care Fund $603,567
TOTAL UNITED WAY DAY CARE FUND appropriations for fiscal year
ending June 30, 2006: $603,567
To be provided as follows:
Revenue from Local Sources (Transfer from General
Fund)
$99,515
$120,766
$78,000
$27,021
City of Charlottesville
United Way Matching Funds
Admin Fee - United Way
Revenue from the Federal Government (HHS Pass
Thru Grant)
$278,265
$603,567
Total UNITED WAY DAY CARE FUND resources available for fiscal year
ending June 30, 2006: $603,567
16
Paragraph Ten: CRIMINAL JUSTICE PROGRAMS FUND
1 Criminal Justice Grant Programs $608,650
TOTAL CRIMINAL JUSTICE PROGRAMS FUND appropriations for fiscal
year ending June 30, 2006: $608,650
To be provided as follows:
Revenue from the Commonwealth (Grant) $608,650
Total CRIMINAL JUSTICE PROGRAMS FUND resources available for
fiscal year ending June 30, 2006: $608,650
Paragraph Eleven: VICTIM-WITNESS GRANT FUND
1 Victim-Witness Program $83,051
TOTAL VICTIM-WITNESS GRANT FUND appropriations for fiscal year
ending June 30, 2006: $83,051
To be provided as follows:
Revenue from the Commonwealth (Grant) $83,051
Total VICTIM-WITNESS GRANT FUND resources available for fiscal year
ending June 30, 2006: $83,051
Paragraph Twelve: METRO PLANNING GRANT FUND
1 Metropolitan Planning Organization Funding $9,500
TOTAL METRO PLANNING GRANT FUND appropriations for fiscal year
ending June 30, 2006: $9,500
To be provided as follows:
$7,600
$950
Revenue from the Federal Government (Grant)
Revenue from the Commonwealth (Grant)
Local Funds - Transfer from the General Fund $950
$9,500
Total METRO PLANNING GRANT FUND resources available for fiscal
year ending June 30, 2006: $9,500
Paragraph Thirteen: HOUSING ASSISTANCE FUND
1 Family Self-Sufficiency Program (Transfer to
General Fund)
$312,837
2 Section 8 Housing Assistance Payments $2,736,062
$3,048,899
TOTAL HOUSING ASSISTANCE FUND appropriations for fiscal year
ending June 30, 2006: $3,048,899
To be provided as follows:
17
Revenue from the Federal Government $3,048,899
Total HOUSING ASSISTANCE FUND resources available for fiscal year
ending June 30, 2006: $3,048,899
Paragraph Fourteen: VEHICLE REPLACEMENT FUND
1 Vehicle Replacement $756,950
TOTAL VEHICLE REPLACEMENT FUND appropriations for fiscal year
ending June 30, 2006: $756,950
To be provided as follows:
Local Funds - Transfer from the General Fund $756,950
Total VEHICLE REPLACEMENT FUND resources available for fiscal year
ending June 30, 2006: $756,950
GRAND TOTAL - SPECIAL REVENUE FUNDS $15,110,445
SECTION V - GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND
That the following sums of money be and the same hereby are appropriated from the
GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND to be apportioned as follows for
the purposes herein specified for the fiscal year ending June 30, 2006:
Paragraph One: COURTS $535,000
1 Levy Building Renovation $25,000
2 Court Square Renovations $20,000
3 Court Square Sallyport $350,000
4 Court Square Maintenance/Replacement Projects $125,000
5 J&D Court Maintenance/Replacement Projects $15,000
$535,000
Paragraph Two: PUBLIC SAFETY $4,049,000
1 Station 11 - Monticello Fire Station Fiber
Connection
$161,000
2 Station 12 - Northside Fire Station $880,000
3 Pantops Fire Station $842,000
4 VFD Fire & EMS Apparatus Replacement $1,893,000
5 Station 8 - Seminole Trail and CARS Station $20,000
6 Police Patrol Video Cameras $23,000
7 Police Mobile Data Computers $180,000
8 SPCA - New County Animal Shelter $50,000
$4,049,000
Paragraph Three: PUBLIC WORKS $2,470,000
1 County Facilities - Maintenance/Replacement $650,000
2 Ivy Landfill Remediation $640,000
18
3 COB McIntire Renovations $1,180,000
$2,470,000
Paragraph Four: COMMUNITY/NEIGHBORHOOD DEVELOPMENT $3,086,000
1 Neighborhood Implementation Plan Program $217,000
2 Revenue Sharing Road Program $1,000,000
3 Sidewalk Construction Program $641,000
4 Transportation Improvement Program - Local $1,200,000
5 Roadway Landscaping Program $28,000
$3,086,000
Paragraph Five: HUMAN DEVELOPMENT $40,000
1 PVCC - Site Work for Science Building $40,000
Paragraph Six: PARKS, RECREATION & CULTURE $367,000
1 Scottsville Community Center Improvements $57,000
2 Paramount Theater $33,000
3 Greenway Program $25,000
4 River and Lake Access Improvements $36,000
5 Patricia Byrom Forest Preserve Park $83,000
6 Park Enhancements $57,000
7 Parks - Maintenance/Replacement $76,000
$367,000
Paragraph Seven: LIBRARIES $424,000
1 New Crozet Library $424,000
Paragraph Eight: TECHNOLOGY AND GIS $1,195,000
1 County Technology Upgrade - GIS System $220,000
2 County IT - Business Key Systems Upgrade $450,000
3 County Computer Upgrade $425,000
4 CityView Internet Access $100,000
$1,195,000
Paragraph Nine: ACQUISITION OF CONSERVATION EASEMENTS $1,000,000
1 Acquisition of Conservation Easements (ACE)
Program
$1,000,000
$13,166,000 Total GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND
appropriations for fiscal year ending June 30, 2006:
To be provided as follows:
Revenue from Local Sources (Tourism Fund
Transfer)
$445,000
Revenues from Local Sources (General Fund
Transfer)
$7,019,995
$878,005
$30,000
$4,643,000
CIP Fund Balance/Reserve
Courthouse Maintenance Funds
Loan Proceeds
Interest Income $150,000
$13,166,000
19
Total GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND
resources available for fiscal year ending June 30, 2006: $13,166,000
SECTION VI: SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND
That the following sums of money be and the same hereby are appropriated from the
SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND for the purposes herein specified to be
apportioned as follows for the fiscal year ending June 30, 2006:
Paragraph One: EDUCATION (SCHOOL DIVISION) $9,383,000
2 Henley Addition/Renovation $1,000,000
3 Murray High School Renovations $149,000
4 ADA Structural Changes $50,000
5 Monticello HS Auditorium $800,000
6 Monticello HS Auxiliary Gym $1,999,000
7 Administrative Technology $70,000
8 Instructional Technology $450,000
9 Maintenance/Replacement Projects $3,800,000
10 State Technology Grant $700,000
11 Vehicle Maintenance Facility - Emergency
Generator
$165,000
12 Jouett-Greer Site Reconfiguration $200,000
$9,383,000
$9,383,000 Total SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND appropriations
for fiscal year ending June 30, 2006:
To be provided as follows:
Revenue from Local Sources (General Fund
Transfer)
$334,586
$265,414
$100,000
$197,000
$700,000
Proffers
Interest Earned
State Construction Funds
State Technology Grant
VPSA Bonds $7,786,000
$9,383,000
$9,383,000 Total SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND resources
available for fiscal year ending June 30, 2006:
SECTION VII: STORMWATER CAPITAL IMPROVEMENTS FUND
That the following sums of money be and the same hereby are appropriated from the
STORMWATER CAPITAL IMPROVEMENTS FUND for the purposes herein specified to be
apportioned as follows for the fiscal year ending June 30, 2006:
Paragraph One: STORMWATER PROJECTS
1 Stormwater Control Program $450,000
$450,000 Total STORMWATER CAPITAL IMPROVEMENTS FUND appropriations for
fiscal year ending June 30, 2006:
20
To be provided as follows:
Revenue from Local Sources (Transfer from General
Fund)
$450,000
$450,000 Total STORMWATER CAPITAL IMPROVEMENTS FUND resources
available for fiscal year ending June 30, 2006:
SECTION VIII: DEBT SERVICE
That the following sums of money be and the same hereby are appropriated for
the function of DEBT SERVICE to be apportioned as follows from the GENERAL
GOVERNMENT DEBT SERVICE FUND and the SCHOOL DIVISION DEBT SERVICE FUND for
the fiscal year ending June 30, 2006:
Paragraph One: SCHOOL DIVISION DEBT SERVICE FUND
1 Debt Service Payments - School Division $11,013,887
2 Debt Service Payments - PREP $246,358
$11,260,245
Total SCHOOL DIVISION DEBT SERVICE appropriations for fiscal year
ending June 30, 2006: $11,260,245
To be provided as follows:
Revenue from Local Sources (Transfer from General
Fund)
$11,013,887
Revenue from Local Sources (PREP Fees) $246,358
$11,260,245
Total SCHOOL DIVISION DEBT SERVICE resources available for fiscal
year ending June 30, 2006: $11,260,245
Paragraph Two: GENERAL GOVERNMENT DEBT SERVICE FUND
1 Emergency Services Radio System Lease/Debt
Service Payment
$826,556
2 Lease/Purchase Software $41,314
3 Debt Service Payments - General Government $1,375,704
4 Bond Issuance Cost $10,000
$2,253,574
Total GENERAL GOVERNMENT DEBT SERVICE appropriations for fiscal
year ending June 30, 2006: $2,253,574
To be provided as follows:
$283,178
Revenue from Local Sources
Revenue from Local Sources (Transfer from General
Fund)
$1,970,396
$2,253,574
Total GENERAL GOVERNMENT DEBT SERVICE resources available for
21
fiscal year ending June 30, 2006: $2,253,574
TOTAL APPROPRIATIONS MENTIONED IN
SECTIONS I - VIII OF THIS RESOLUTION
FOR THE FISCAL YEAR ENDING June 30, 2006
RECAPITULATION:
Appropriations: $367,868,100
General Fund $176,599,527
School Fund $126,285,987
Other School Funds $13,359,322
Other Special Revenue Funds $15,110,445
General Government Capital Improvements
Fund
$13,166,000
School Division Capital Improvements Fund $9,383,000
Stormwater Capital Improvements Fund $450,000
Section I
Section II
Section III
Section IV
Section V
Section VI
Section VII
Section VIII
Debt Service $13,513,819
$367,868,100
Less Inter-Fund Transfers ($111,715,981)
General Fund to School Fund ($81,384,575)
General Fund to Special Revenue Funds ($3,434,169)
General Fund to Capital Improvements Funds ($7,804,581)
General Fund to Debt Service Funds ($12,984,284)
Special Revenue Funds to General Fund ($1,903,329)
Special Revenue Funds to Capital Improvements Funds ($475,000)
School Fund to Self-Sustaining Funds ($2,117,743)
School Fund to Special Revenue Funds ($1,038,000)
School Fund to General Fund ($150,300)
Self-Sustaining Funds to School Fund ($424,000)
($111,715,981)
GRAND TOTAL APPROPRIATIONS $256,152,119
BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to transfer
monies from one fund to another, from time to time as monies become available, sums equal to, but not
in excess of, the appropriations made to these funds for the period covered by this appropriation
resolution.
SECTION IX
All of the monies appropriated as shown by the contained items in Sections I through VIII are
appropriated upon the provisos, terms, conditions, and provisions herein before set forth in connection
with said terms and those set forth in this section. The Director of Finance (Richard Wiggans) and Clerk to
the Board of Supervisors (Ella W. Carey) are hereby designated as authorized signatories for all bank
accounts.
Paragraph One
Subject to the qualifications in this resolution contained, all appropriations are declared to be
maximum, conditional and proportionate appropriations – the purpose being to make the appropriations
payable in full in the amount named herein if necessary and then only in the event the aggregate
22
revenues collected and available during the fiscal year for which the appropriations are made are
sufficient to pay all of the appropriations in full.
Otherwise, the said appropriations shall be deemed to be payable in such proportion as
the total sum of all realized revenue of the respective funds is to the total amount of
revenue estimated to be available in the said fiscal year by the Board of Supervisors.
Paragraph Two
All revenue received by any agency under the control of the Board of Supervisors included or not
included in its estimate of revenue for the financing of the fund budget as submitted to the Board of
Supervisors may not be expended by the said agency under the control of the Board of Supervisors
without the consent of the Board of Supervisors being first obtained, nor may any of these agencies or
boards make expenditures which will exceed a specific item of an appropriation.
Paragraph Three
No obligations for goods, materials, supplies, equipment or contractual services for any purpose
may be incurred by any department, bureau, agency, or individual under the direct control of the Board of
Supervisors except by requisition to the purchasing agent; provided, however, no requisition for items
exempted by the Albemarle County Purchasing Manual shall be required; and provided further that no
requisition for contractual services involving the issuance of a contract on a competitive bid basis shall be
required, but such contract shall be approved by the head of the contracting department, bureau, agency,
or individual, the County Attorney and the Purchasing Agent or Director of Finance. The Purchasing
Agent shall be responsible for securing such competitive bids on the basis of specifications furnished by
the contracting department, bureau, agency or individual
In the event of the failure for any reason of approval herein required for such contracts, said
contract shall be awarded through appropriate action of the Board of Supervisors.
Any obligations incurred contrary to the purchasing procedures prescribed in the
Albemarle County Purchasing Manual shall not be considered obligations of the County,
and the Director of Finance shall not issue any warrants in payment of such obligations.
Paragraph Four
Allowances out of any of the appropriations made in this resolution by any or all County
departments, bureaus, or agencies under the control of the board of Supervisors to any of their officers
and employees for expense on account of the use of such officers and employees of their personal
automobiles in the discharge of their official duties shall be paid at the same rate as that established by
the State of Virginia for its employees and shall be subject to change from time to time to maintain like
rates.
Paragraph Five
All travel expense accounts shall be submitted on forms and according to regulations prescribed
or approved by the Director of Finance.
Paragraph Six
All resolutions and parts of resolutions inconsistent with the provisions of this resolution shall be
and the same are hereby repealed.
Paragraph Seven
23
This resolution shall become effective on July first, two thousand and five.
24
ATTACHMENT 2
RESOLUTION OF OFFICIAL INTENT TO REIMBURSE
EXPENDITURES WITH PROCEEDS OF A BORROWING
WHEREAS, the Board of Supervisors of Albemarle County, Virginia (the “Borrower”), intends to
acquire, construct and equip the items and projects set forth in Exhibit A hereto (collectively, the
“Project”); and
WHEREAS, plans for the Project have advanced and the Borrower expects to advance its own
funds to pay expenditures related to the Project (the “Expenditures”) prior to incurring indebtedness and
to receive reimbursement for such Expenditures from proceeds of tax-exempt bonds or taxable debt, or
both;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY:
1. The Borrower intends to utilize the proceeds of tax-exempt bonds (the “Bonds”) or to
incur other debt, to pay the costs of the Project in an amount not currently expected to exceed
$12,429,000.
2. The Borrower intends that the proceeds of the Bonds be used to reimburse the Borrower
for Expenditures with respect to the Project made on or after the date that is no more than 60 days prior
to the date of this Resolution. The Borrower reasonably expects on the date hereof that it will reimburse
the Expenditures with the proceeds of the Bonds or other debt.
3. Each Expenditure was or will be, unless otherwise approved by bond counsel, either (a)
of a type properly chargeable to a capital account under general federal income tax principles
(determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the
Bonds, (c) a nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a
party that is not related to or an agent of the Borrower so long as such grant does not impose any
obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the Borrower.
4. The Borrower intends to make a reimbursement allocation, which is a written allocation
by the Borrower that evidences the Borrower’s use of proceeds of the Bonds to reimburse an
Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the
Project is placed in service or abandoned, but in no event more than three years after the date on which
the Expenditure is paid. The Borrower recognizes that exceptions are available for certain “preliminary
expenditures,” costs of issuance, certain de minimis amounts, expenditures by “small issuers” (based on
the year of issuance and not the year of expenditure) and expenditures for construction of at least five
years.
5. The Borrower intends that the adoption of this resolution confirms the “official intent”
within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue
Code of 1986, as amended.
6. This resolution shall take effect immediately upon its passage.
* * * * * * * * * *
25
Exhibit A
CAPITAL IMPROVEMENT PROGRAM
BONDED PROJECTS
FY 2005/06
Schools Amount
1. Henley Addition $1,000,000
2. Murray High School Renovations $149,000
3. ADA Structural Changes $50,000
4. Monticello Auditorium $800,000
5. Monticello Gym $1,999,000
6. School Maintenance Projects $3,423,000
7. Vehicle Maintenance Generator $165,000
8. Jouett-Greer Site Reconfiguration $200,000
Schools Subtotal $7,786,000
General Fund Amount
1. Fire Apparatus $1,893,000
2. Transportation $1,700,000
3. Business Systems $1,050,000
General Fund Subtotal $4,643,000
TOTAL DEBT ISSUE $12,429,000
26
ATTACHMENT 3
SP-2004-041. Crickets Baked Goods and Catering (Sign #33). Public hearing on a request
to allow Home Occupation Class B for catering business in accord w/Sec 10.2.2.31 of the Zoning Ord,
which allows for Home Occupations Class B. TM 105, P 46, contains 13.68 acs. Znd RA. Loc at 3047
Thomas Jefferson Pkway (Rt 53), E of the intersec of Thomas Jefferson Pkway & Buck Island Rd (Rt
729). Scottsville Dist.
1. No business sign shall be permitted;
2. The aggregate area of the use, including both the home office and the garage kitchen may not
exceed five hundred (500) square feet;
3. No employees shall be permitted other than members of family residing in the dwelling on
premises;
4. No customer visits to the site shall be permitted; and
5. The applicant shall obtain a zoning compliance clearance and any necessary Health Department
approvals prior to use of the garage kitchen for this home occupation.
27
ATTACHMENT 4
ORDINANCE NO. 05-18(5)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, AND
ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article II, Basic Regulations, and Article III, District Regulations, of the Code of the County of
Albemarle is amended as follows:
By Amending:
Sec. 4.15.8 Regulations applicable in the RA, VR, R-1 and R-2 zoning districts
Sec. 7 Establishment of districts
Sec. 8.1 Intent
Sec. 8.2 Relation of planned development regulations to other zoning regulations
Sec. 8.3 Planned development defined
Sec. 8.4 Where permitted
By Adding:
Sec. 11.1 Intent and purpose, where permitted
Sec. 11.2 Status as a planned development district
Sec. 11.3 Permitted uses
Sec. 11.3.1 By right
Sec. 11.3.2 By special use permit
Sec. 11.4 Regulation of development
Chapter 18. Zoning
Article II. Basic Regulations
Sec. 4.15.8 Regulations applicable in the MHD, RA, VR, R-1 and R-2 zoning districts
The following regulations pertaining to the number of signs permitted per lot or establishment, the
sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is
required within the Monticello Historic District (MHD), Rural Areas (RA), Village Residential (VR) and
Residential (R-1 and R-2) zoning districts (Amended 6-8-05):
Sign Type Number of Signs Allowed Sign Area
(Maximum)
Sign Height
(Maximum)
Sign Setback
(Minimum)
Directory 1 or more per establishment,
as authorized by zoning administrator
24 square feet,
aggregated 6 feet 10 feet
Freestanding
1 per street frontage, or 2 per entrance,
per lot with 100 or more feet of
continuous street frontage, plus 1 per
lot if the lot is greater than 4 acres and
has more than 1 approved entrance on
its frontage
24 square feet,
aggregated; if more
than 1 sign, no single
sign shall exceed 12
square feet
10 feet 10 feet
Subdivision 2 per entrance per subdivision
24 square feet,
aggregated, per
entrance
6 feet 5 feet
Temporary 1 per street
frontage per establishment 24 square feet
10 feet, if
freestanding sign; 20
feet, if wall sign, but
not to exceed the
top of the fascia or
mansard
10 feet
Wall As calculated pursuant to section
4.15.20
40 square feet,
aggregated in the RA
zoning district; 20
square feet,
aggregated, in other
20 feet
Same as that
applicable to
structure
28
zoning districts
(12-10-80; 7-8-92, § 4.15.12.1; Ord. 01-18(3), 5-9-01; Ord. 05-18(5), 6-8-05)
State law reference – Va. Code § 15.2-2280.
Article III. District Regulations
Sec. 7 Establishment of districts
For the purposes of this chapter, the unincorporated areas of Albemarle County are hereby divided into
the following districts:
Commercial District - C-1
Commercial Office - CO
Entrance Corridor - EC (Added 10-3-90)
Heavy Industry - HI
Highway Commercial - HC
Light Industry - LI
Monticello Historic District – MHD (Added 6-8-05)
Neighborhood Model - NMD
Overlay Districts:
Airport Impact Area - AIA
Flood Hazard - FH
Natural Resource Extraction - NR
Scenic Streams - SS (Amended 9-9-92)
Planned Development-Industrial Park - PD-IP
Planned Development-Mixed Commercial - PD-MC
Planned Development-Shopping Centers - PD-SC
Planned Residential Development - PRD
Planned Unit Development - PUD
Residential - R-1
Residential - R-2
Residential - R-4
Residential - R-6
Residential - R-10
Residential - R-15
Rural Areas - RA
Village Residential – VR
(§ 7.0, 12-10-80; § 7, Ord. 03-18(2), 3-19-03; Ord. 05-18(5), 6-8-05)
Sec. 8.1 Intent
The planned development districts are the Monticello Historic District (MHD), Planned Residential
Development (PRD), Planned Unit Development (PUD), Neighborhood Model (NMD), Planned
Development – Mixed Commercial (PDMC), Planned Development – Shopping Centers (PDSC), and
Planned Development – Industrial Park (PD-IP) zoning districts. Each of these districts is distinct in
purpose; however, all are intended to provide for variety and flexibility in design necessary to implement
the various goals and objectives set forth in the comprehensive plan. Through a planned development
approach, the regulations in section 8 are intended to accomplish the goals and objectives of the
comprehensive plan to a greater extent than the regulations of conventional districts. In addition, these
regulations are intended to promote: economical and efficient land use through unified development;
improved levels of amenities; appropriate and harmonious physical development; creative design; and a
better environment than generally realized through conventional district regulations. In view of the
substantial public advantages of planned development, these regulations are intended to encourage the
planned development approach in areas appropriate in terms of location and character.
Planned development districts shall be developed: to provide for the comfort and convenience of
residents or visitors; to facilitate the protection of the character of surrounding lands, neighborhoods and
29
the adjacent rural areas; and to lessen traffic impacts through a reasonably short travel time between
origins and destinations of persons living, working, or visiting in such developments. Housing,
commercial and service facilities, and places of employment shall be related either by physical proximity
or by adequate street networks so as to promote these objectives.
(12-10-80; Ord. 03-18(2), 3-19-03; 05-18(5), 6-8-05)
Sec. 8.2 Relation of planned development regulations to other zoning regulations
The regulations in section 8 shall apply to the establishment and regulation of all planned
development districts.
An applicant may request that any requirement of sections 4, 5 and 32, or the planned
development district regulations be waived or modified if it is found to be inconsistent with planned
development design principles and that the waiver or modification is consistent with the intent and
purposes of the planned development district under the particular circumstances. If the applicant
requests such a waiver or modification as part of the application plan, the applicant shall submit its
request in writing as part of the application, and shall demonstrate that the waiver or modification would
not adversely affect the public health, safety or general welfare and, in the case of a requested
modification, that the public purposes of the original regulation would be satisfied to at least an equivalent
degree by the modification. Notwithstanding any regulation in sections 4, 5, or 32 establishing a
procedure for considering a waiver or modification, any request for such a waiver or modification shall be
reviewed and considered as part of the application plan. Nothing in this section prohibits an owner within
a planned development from requesting a waiver or modification of any requirement of sections 4, 5 and
32 at any time, under the procedures and requirements established therefor. In addition to making the
findings required for the granting of a waiver or modification in sections 4, 5, and 32, such a waiver or
modification may be granted only if it is also found to be consistent with the intent and purposes of the
planned development district under the particular circumstances, and satisfies all other applicable
requirements of section 8.
(12-10-80; Ord. 03-18(2), 3-19-03; 05-18(5), 6-8-05)
Sec. 8.3 Planned development defined
A planned development is a development that meets all of the following criteria: (1) the land is
under unified control and will be planned and developed as a whole; (2) the development is in general
accord with one or more approved application plans; and (3) in all planned development districts other
than a planned historic district, the development will provide, operate and maintain common areas,
facilities and improvements for some or all occupants of the development where these features are
appropriate.
(12-10-80; Ord. 03-18(2), 3-19-03; Ord. 05-18(5), 6-8-05)
Sec. 8.4 Where permitted
A planned development district may be established in any development area identified in the
comprehensive plan, and in any rural area identified in the comprehensive plan if the district is a planned
historic district containing a historic site and the purposes of the district include the restoration,
preservation, conservation and enhancement of the historic site, provided that its location is suitable for
the character of the proposed uses and structures.
(12-10-80; Ord. 03-18(2), 3-19-03; Ord. 05-18(5), 6-8-05)
Section 11
Monticello Historic District, MHD
Sec. 11.1 Intent and purpose, where permitted
30
The intent and purpose of the Monticello Historic District (hereinafter referred to as “MHD”) is to
create a planned historic district:
- To permit restoration, preservation, conservation, education, programs, research and
business activities related to the operation of a historic house museum and historic site at
Monticello;
- To promote the preservation and enhancement of a unique historical site;
- To preserve significant tracts of agricultural and forestal land;
- To be a district that is unique to those parcels which both belonged to Thomas Jefferson
and contain uses related to the operation of the historic site, in recognition of:
- the importance of Thomas Jefferson to the history of Albemarle County;
- the importance of Monticello to the reputation, education, and economy of
Albemarle County;
- Monticello as a unique element of the historical and architectural legacy of
Albemarle County, the nation, and the world, as recognized by its inclusion on
the World Heritage List administered by the United Nations Educational,
Scientific, and Cultural Organization.
Restoration or re-creation of Jefferson-era structures or landscape features, and their subsequent
interpretive use, shall be regulated only to the extent necessary to protect public health and safety.
(Ord. 05-18(5), 6-8-05)
Sec. 11.2 Status as a planned development district
The MHD is a planned development district within the meaning of section 8 of this chapter, and
shall not be construed to be an agricultural zoning district or a district in which agricultural, horticultural or
forestal uses are dominant.
(Ord. 05-18(5), 6-8-05)
Sec. 11.3 Permitted uses
The following uses shall be permitted in the MHD, subject to the regulations in this section and
section 8 of this chapter, the approved application plan, and any accepted proffers:
(Ord. 05-18(5), 6-8-05)
Sec. 11.3.1 By right uses
The following uses shall be permitted by right in the MHD:
1. Uses relating to the operation of Monticello as a historic house museum and historic site
as follows:
a. Interpretative, educational and research uses such as tours; interpretive signs,
walking paths, displays and exhibits; classes, workshops, lectures, programs and
demonstrations; field schools and history-related day camps; and archaeological
laboratories.
b. Administrative and support activities including visitor ticketing and shuttle bus
operations, maintenance operations, equipment storage, vehicle maintenance
31
and refueling, security and general administration, and related support spaces
and offices.
c. Visitor amenities including: parking lots; travelways; public restrooms; food and
drink preparation and vending; picnic areas; walking paths and pedestrian
bridges.
d. Display and sale of products related to Thomas Jefferson and the history of
Monticello.
e. Other uses not expressly delineated in subsection 1(a) through (d) authorized by
the zoning administrator after consultation with the director of planning and other
appropriate officials; provided that the use shall be consistent with the express
purpose and intent of the MHD, similar to the uses delineated in this subsection
in character, locational requirements, operational characteristics, visual impact,
and traffic generation.
2. Temporary events related to or supportive of the historic, educational or civic significance
of Monticello, such as, but not limited to the Naturalization Ceremony on the Fourth of
July, Thomas Jefferson’s Birthday celebration, summer speakers series, presidential
inaugural events, and commemorative events similar to the Lewis and Clark bicentennial.
3. Display and sale of gifts, souvenirs, crafts, food, and horticultural and agricultural
products, including outdoor storage and display of horticultural and agricultural products,
including wayside stands for display and sale of agricultural products produced on the
premises (reference 5.1.19).
4. Establishment and changes to structures shown on the approved application plan:
a. Modification, improvement, expansion, or demolition of “modern structures”
existing on the effective date of this section 11.
b. Modification, improvement, re-creation, or restoration (including expansion) of
“historic or interpretive structures.”
c. Establishment of “new primary structures or features” identified as such on the
approved application plan.
5. Cemeteries.
6. Detached single-family dwellings, including guest cottages and rental of the same.
7. Side-by-side duplexes; provided that density is maintained and provided that buildings
are located so that each unit could be provided with a lot meeting all other requirements
for detached single-family dwellings except for side yards at the common wall. Other
two-family dwellings shall be permitted provided density is maintained.
8. Agriculture, forestry, and fishery uses except as otherwise expressly provided.
9. Game preserves, wildlife sanctuaries and fishery uses.
10. Electric, gas, oil and communication facilities excluding tower structures and including
poles, lines, transformers, pipes, meters and related facilities for distribution of local
service and owned and operated by a public utility. Water distribution and sewerage
collection lines, pumping stations and appurtenances owned and operated by the
Albemarle County Service Authority. Except as otherwise expressly provided, central
water supplies and central sewerage systems in conformance with Chapter 16 of the
Code of Albemarle and all other applicable laws.
32
11. Accessory uses and structures including home occupation, Class A (reference 5.2) and
storage buildings.
12. Temporary construction uses (reference 5.1.18).
13. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk
lines, treatment facilities, pumping stations and the like, owned and/or operated by the
Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12).
14. Temporary sawmill (reference 5.1.15 and subject to performance standards in 4.14).
15. Agricultural service occupation (subject to performance standards in 4.14).
16. Divisions of land in accordance with section 10.3.
17. Tourist lodging (reference 5.1.17).
18. Mobile homes, individual, qualifying under the following requirements (reference 5.6):
a. A property owner residing on the premises in a permanent home wishes to place
a mobile home on such property in order to maintain a full-time agricultural
employee.
b. Due to the destruction of a permanent home an emergency exists. A permit can
be issued in this event not to exceed twelve (12) months. The zoning
administrator shall be authorized to issue permits in accordance with the intent of
this ordinance and shall be authorized to require or seek any information which
he may determine necessary in making a determination of cases “a” and “b” of
the aforementioned uses.
19. Farm winery (reference 5.1.25).
20. Borrow area, borrow pit, not exceeding an aggregate volume of fifty thousand (50,000)
cubic yards including all borrow pits and borrow areas on any one parcel of record on the
adoption date of this provision (reference 5.1.28).
21. Commercial stable (reference 5.1.03).
22. Stormwater management facilities shown on an approved final site plan or subdivision
plat.
23. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
(Ord. 05-18(5), 6-8-05)
Sec. 11.3.2 By special use permit
The following uses shall be permitted by special use permit in the MHD:
1. Farm sales (reference Section 5.1.35).
2. Private helistop (reference Section 5.1.01).
3. Commercial fruit or agricultural produce packing plants.
4. Flood control dams or impoundments.
33
5. Concerts (such as performances by the Charlottesville Symphony Orchestra and the
Charlottesville Municipal Band), theater, and outdoor drama events open to the general
public, not otherwise permitted by right under section 11.3.1(2).
6. Home occupations Class B.
7. Boat landings and canoe livery.
(Ord. 05-18(5), 6-8-05)
Sec. 11.4 Regulation of development
In order to protect the county’s historic resources and the rural character of surrounding lands, all
uses and structures shall be subject to an approved application plan, and to sections 4, 5, 8 and 32 of this
chapter, including such regulations as may be waived or modified pursuant to section 8.2. In addition:
a. Density. Density shall not exceed one dwelling unit per twenty-one (21) acres and the
minimum lot size shall be twenty-one (21) acres.
b. Structure height. The maximum structure height established in the standards for
development required by section 8.5.1(d)(11) of this chapter shall not exceed forty-five
(45) feet.
c. Yards. The minimum yards established in the standards for development required by
section 8.5.1(d)(11) of this chapter shall not be less than the minimum yards provided in
section 21.7, except as otherwise provided on the application plan.
(Ord. 05-18(5), 6-8-05)
34
ATTACHMENT 5
THOMAS JEFFERSON FOUNDATION, INC.
MONTICELLO HISTORIC DISTRICT
ZMA 04-05
PROFFER STATEMENT
The following parcels are subject to rezoning application ZMA 04-05 and thus to this proffer
statement: tax map parcels 78-22, 78-23, 78-25, 78-28A, 78-28B, 78-29, and 79-7A (the “Property”).
The Applicant and Owner of the Property is the Thomas Jefferson Foundation, Inc.
The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to
rezone the Property to Monticello Historic District as requested, the Owner shall develop the Property in
accord with the following proffers pursuant to Section 15.2-2298 of the Code of Virginia, 1950, as
amended, and pursuant to Section 33.3 of the Albemarle County Zoning Ordinance. These conditions
are voluntarily proffered as part of the requested rezoning, and the Owner acknowledges that (1) the
rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable
relation to the rezoning requested. If rezoning application ZMA 04-05 is denied these proffers shall
immediately be null and void and of no further force and effect.
This Proffer Statement shall relate to the application plan shown on sheets AP-1 through AP-4, each
dated February 28, 2005, of the plans entitled “Monticello, Thomas Jefferson Foundation, Inc., Albemarle
County, Virginia, Zoning Map Amendment Application Plan, ZMA 04-05, February 28, 2005,” which
sheets are attached hereto as Exhibit A (the “Application Plan”) and also to the terms of Section 8.5.5.3 of
the Albemarle County Zoning Ordinance as in effect on the date of this Proffer Statement, a copy of which
Section 8.5.5.3 is attached hereto as Exhibit B.
1. The Owner will convey easements on certain portions of the Property and on tax map parcel
78-31A for incorporation of such easement areas into the Rivanna River Greenway Trail
Park, on the terms and conditions contained herein:
a. The Foundation shall convey easements to the County encumbering the portions of
tax map parcels 78-28B and 79-7A (collectively, the “Shadwell Quarter Farm”) and 78-31A
(the “Lego Quarter Farm”) that are contiguous to the Rivanna River and consist of the real
property defined in the Federal Emergency Management Agency national flood insurance
maps as land within the 100-year flood plain on the north side of the Rivanna River
(individually, the “Shadwell Easement Area,” and the “Lego Easement Area,” and collectively,
the “Easement Areas”) for the extension of the County’s Greenway Trail Park within the
Easement Areas.
b. The easement on the Shadwell Quarter Farm shall be conveyed after an easement or
land dedication is conveyed to the County for the County’s Greenway Trail Park by the
owners of tax map parcel 78-33D for the extension of the greenway trail through that parcel,
upon the request of the County and as soon thereafter as the Foundation can reasonably
cause an easement plat to be prepared, prepare the deed of easement in a form reasonably
agreeable to the Foundation and the County, and complete any other administrative matters
associated with such easement.
c. The easement on the Lego Quarter Farm will be conveyed within six months after
request by the County, or as soon thereafter as the Foundation can reasonably cause an
easement plat to be prepared, prepare the deed of easement in a form reasonably agreeable
to the Foundation and the County, and complete any other administrative matters associated
with such easement.
d. The easements would be subject to the terms of existing encumbrances and
easements of record, including, but not limited to, the Deed of Easement conveyed to the
Virginia Department of Historic Resources (“DHR”) of record in the Clerk’s Office of the
Albemarle County Circuit Court in Deed Book 1970, page 412, and the Deed of Easement
35
conveyed to the Virginia Outdoors Foundation (“VOF”) of record in the aforesaid Clerk’s
Office in Deed Book 2894, page 76, each as applicable.
e. The easement on the Shadwell Quarter Farm shall be previously approved in writing
by DHR and/or VOF, as applicable, with regard to any portion of the Shadwell Easement
Area which is subject to the Deed of Easement from the Foundation to DHR or the Deed of
Easement from the Foundation to VOF.
f. The Foundation may expressly reserve the following: (i) a right of access for ingress
and egress to and from the Easement Areas from other parcels the Foundation owns for the
benefit of the Foundation; (ii) an easement for drainage from any of the Foundation’s
stormwater control facilities through the Easement Areas; (iii) for riparian rights in the
Rivanna River for the benefit of the Foundation; (iv) the right to physically restrict access by
the public to other portions of the Shadwell Quarter Farm and the Lego Quarter Farm, or any
other parcels the Foundation owns, as may be necessary or appropriate in the Foundation’s
discretion to protect any historical artifacts or features on such parcels; and (v) for crossings
of the greenway trail and use of the Easement Areas outside of the greenway trail for other
purposes reasonably stipulated by the Foundation, including but not limited to interpretation
of historically significant areas that may be present within the Easement Areas.
g. The Foundation may expressly reserve in the Shadwell Quarter Farm deed of
easement a right of access for the benefit of the County through the Shadwell Quarter Farm
in an area reasonably agreeable to the Foundation, for access to and from the Shadwell
Easement Area for greenway trail maintenance and for emergency purposes, provided that
no activities inconsistent with the Deed of Easement from the Foundation to DHR shall be
carried out within the Shadwell Easement Area.
h. The Foundation shall not be responsible for the construction, operation, maintenance,
expense or policing of the Easement Areas as portions of the County’s Greenway Trail Park.
i. Upon the approval of ZTA 2004-03 and ZMA 2004-05, employees, agents and
independent contractors of the County shall have reasonable access to the Easement Areas
for purposes of planning the greenway trail, provided that no earth shall be disturbed, nor any
vegetation cleared within the Easement Areas without the prior consent of the Foundation,
and provided further that no activities inconsistent with the Deed of Easement from the
Foundation to DHR shall be carried out within the Shadwell Easement Area.
.
j. The County shall notify the Foundation at least six (6) months prior to disturbing any
land within the Easement Areas. Upon such notice, the Foundation will either cause a Phase
I archeological study to be conducted at its expense within the Easement Area proposed for
disturbance if the Foundation deems such a study necessary, or it will authorize the County
to move forward with such planned land disturbance.
k. The trail surface shall be not more than 10 feet wide within a clear zone (12 feet wide
and 8 feet high), shall be unpaved and shall utilize only natural materials. The trail will be a
“Class B” trail pursuant to County standards.
l. The precise location of the trail within the Easement Areas will be mutually agreed
upon by the Foundation and the County.
m. Any construction, grading or other disturbance by the County within the Shadwell
Easement Area must be approved in advance in writing by DHR with regard to any portion of
the Shadwell Easement Area which is subject to the Deed of Easement from the Foundation
to DHR.
n. The Foundation will be responsible for the administrative costs of drafting the deeds
of easement, the easement plats, any surveys of the Easement Areas, and recordation costs.
36
o. If the County has not commenced construction of the greenway trail within the Lego
Quarter Farm within 20 years of the Foundation’s conveyance of the easement thereon, and
completed such trail within 22 years of the conveyance, upon request by the Foundation, the
County shall release all of its interest in the easement, at no expense to the Foundation,
unless the Foundation and the County shall agree to another permissible use by the County
for the Easement Area.
p. If the County has not commenced construction of the greenway trail within the
Shadwell Quarter Farm within 20 years of the Foundation’s conveyance of the easement
thereon, and completed such trail within 22 years of such conveyance, upon request by the
Foundation, the County shall release all of its interest in the easement, at no expense to the
Foundation, unless the Foundation and the County shall agree to another permissible use by
the County for the Easement Area.
q. If the County terminates the Greenway trail program, upon request by the
Foundation, the County shall release all of its interest in the easements, at no expense to the
Foundation, unless the Foundation and the County shall agree to another permissible use by
the County for the Easement Areas.
r. When negotiating the deeds of easement pursuant to this paragraph 1 of this proffer
statement, the County and the Owner may mutually agree to modify the terms and conditions
hereof.
2. Prior to the approval of a final site plan for the proposed Monticello Visitors Center as shown
on the Application Plan, the Owner shall make improvements to the existing Monticello exit
onto Route 53 as necessary to provide for the turning movement of a “BUS-45” vehicle onto
Route 53 without crossing the opposing lane of traffic, to the reasonable satisfaction of the
Albemarle County Engineer and the Virginia Department of Transportation.
WITNESS the following signature:
THOMAS JEFFERSON FOUNDATION, INC.
By: ________________________________
Daniel P. Jordan, President
* * * * *
Exhibit A
Application Plan
* * * * *
Exhibit B
Section 8.5.5.3 of the Zoning Ordinance in Effect on the date of this Proffer Statement
37
ATTACHMENT 6
ORDINANCE NO. 05-18(7)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE
II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE
COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article I, General Provisions, Article II, Basic Regulations, and Article III, District Regulations, of
the Code of the County of Albemarle are amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 10.2.2 By special use permit
Sec. 12.2.2 By special use permit
Sec. 13.2.2 By special use permit
Sec. 14.2.2 By special use permit
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
By Adding:
Sec. 5.1.42 Historical centers
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
The following definitions shall apply in the administration and enforcement of this chapter:
. . .
Community center: A place, structure, area or facility used for cultural, educational and/or recreational
activities, which is open to the public and intended to serve the local community. A community center is
different from a neighborhood center, which is a use that is typically accessory to a residential
development.
. . .
Historical center. One or more buildings, structures or facilities designed and/or used for educational
and/or interpretative activities related to natural, cultural, or agricultural history which are open to the
public and located at or adjacent to a historic resource. For purposes of this definition, a “historic
resource” is a district, site, building or structure with architectural, engineering, archaeological, or cultural
remains present, which possesses integrity of location, design, setting, materials, workmanship, and
association, and which is associated with one or more of the following historical or cultural themes: (i)
events that have made a significant contribution to the broad patterns of local, state or national history; (ii)
the lives of persons significant in local, state or national history; (iii) the embodiment of distinctive
characteristics of a type, period, or method of construction, or that represent the work of a master, or that
possess high artistic values; or that represent a significant and distinguishable entity whose components
may lack individual distinction; or (iv) yielding information important to prehistory or history.
. . .
Article II. Basic Regulations
Sec. 5.0 Supplementary Regulations
38
Sec. 5.1.42 Historical centers.
Each historical center shall be subject to the following:
a. New historical center structures. Newly constructed structures for historical centers shall
be limited to one thousand five hundred (1,500) square feet in size, aggregate, including
interpretative space and accessory uses within such structures.
b. Rehabilitation or construction on historic structures or sites to be used for historical center
structure. The rehabilitation of historic structures and sites to be used for historical
centers shall be completed to the satisfaction of the Virginia Department of Historic
Resources (DHR) as demonstrated by a letter to the county. The design and siting of
any proposed accessory uses and visitor amenities at a historic structure or site shall
also be approved by DHR.
c. Minimum side and rear yards. Notwithstanding any other provision of this chapter, the
minimum side yard and rear yard shall be fifty (50) feet; provided that there shall be no
minimum side yard or rear yard if the side or rear lot lines are shared with another lot that
is part of the historical center; and further provided that greater side yards or rear yards
may be required by the site plan agent if deemed necessary because of site-specific
conditions, and that lesser side yards and rear yards may be allowed to facilitate the
rehabilitation or reuse of a historic structure or site.
d. Site plan. A site plan is required for a historical center. In addition to any requirement of
section 32: (i) the site plan agent may impose additional reasonable standards of
development as conditions of final site plan approval; (ii) the owner shall submit
photographic documentation of existing site conditions with the preliminary site plan;
and (iii) the site plan agent may require the applicant to submit a Phase 1 archaeological
survey of the areas of the site proposed for the historical center use prior to final site plan
approval.
e. Items for display. Items for display shall be related to the significance of the historic
resource to be interpreted and shall relate to past or present people, places, things, or
events in the county.
f. Primary uses. The educational and interpretative activities that are permitted primary
uses include, but are not limited to, passive display, active demonstration including tours,
public participation in activities, educational classes, and research.
g. Accessory uses. Not more than ten percent (10%) of the total floor area of a historical
center structure may be devoted to uses other than the educational and interpretive
activities provided in subsection (f). A floor plan shall be submitted with the special use
permit application to ensure that this requirement is met. Accessory uses may include,
but are not limited to, administrative offices and shops and facilities such as gift shops,
book stores, and accessory food sales such as luncheonettes, snack bars, or
refreshment stands.
h. Operations. The operation of each historical center shall be subject to the following: (i)
daily tours of a historical center shall be permitted; (ii) the normal hours that the historical
center is open to the public shall be limited to daylight hours only, dawn until dusk; and
(iii) an outdoor amplified sound system shall be prohibited at all times.
i. Special events. Special events are authorized by special use permit only, either as part
of the special use permit authorizing the historical center or by a separate special use
permit.
1. For purposes of this section, a special event is an event conducted at a historical
center on a single day for which attendance is allowed only by invitation or
reservation and whose participants do not exceed one hundred fifty (150)
39
persons; special events are limited to events conducted for the purpose of
promoting the mission of the historical center.
2. In addition to all other special use permit application requirements in section
31.2.4, the application shall describe the nature of the special events.
3. The special use permit: (i) shall identify the number of approved special events
per year, which number shall not exceed twelve (12); (ii) may authorize specific
special events, classes of special events, or a combination thereof; and (iii) may
include reasonable conditions relative to the special events as authorized under
section 31.2.4.3.
j. Festivals. Festivals are authorized by special use permit only, either as part of the
special use permit authorizing the historical center or by a separate special use permit.
1. For the purposes of this section, a festival is an event conducted at an historical
center for up to three (3) consecutive days which is open to the general public
and conducted for the purpose of promoting the mission of the historical center.
2. In addition to any other special use permit application requirements in section
31.2.4, the application shall describe the nature of the festivals.
3. The special use permit: (i) shall identify the number of approved festivals per
year, which number shall not exceed four (4); (ii) may authorize specific festivals,
classes of festivals, or a combination thereof; and (iii) may include reasonable
conditions relative to the festivals as authorized under section 31.2.4.3.
4. The owner shall obtain a zoning compliance clearance prior to conducting a
festival at which more than one hundred fifty (150) persons will be allowed to
attend. A single zoning compliance clearance may be obtained for one (1) or
more such festivals as provided herein:
a. The owner shall apply for a zoning compliance clearance at least thirty
(30) days prior to the date of the first festival to be authorized by the
zoning compliance clearance. The application shall be submitted to the
zoning administrator, who shall forward copies of the application to the
county police department, the county department of fire and rescue, and
the local office of the Virginia Department of Health;
b. The application shall describe the nature of each festival to be authorized
by the zoning compliance clearance, the date or dates and hours of
operation of each such festival, the facilities, buildings and structures to
be used, and the number of participants allowed to attend each festival;
c. Upon a determination that all requirements of the zoning ordinance are
satisfied, and imposing all conditions of such approval required by the
offices identified in subsection 5.1.42(j)(4)(a), the zoning administrator
shall issue a zoning compliance clearance for one or more festivals. The
zoning compliance clearance shall be conditional upon the owner’s
compliance with all requirements of the zoning ordinance, all conditions
of the approved special use permit, the approved site plan, and all
conditions imposed by the zoning compliance clearance; and
d. The zoning administrator may issue a single zoning compliance
clearance for two (2) or more festivals if: (i) the application submitted by
the owner includes the required information for each festival to be
covered by the zoning compliance clearance: (ii) the zoning administrator
determines that each such festival is substantially similar in nature and
size; and (iii) the zoning administrator determines that a single set of
40
conditions that would apply to each such festival may be imposed with
the zoning compliance clearance.
Article III. District Regulations
Sec. 10.2.2 By special use permit
. . .
49. Historical centers, historical center special events, historical center festivals
(reference 5.1.42).
Sec. 12.2.2 By special use permit
. . .
17. Historical centers, historical center special events, historical center festivals
(reference 5.1.42).
Sec. 13.2.2 By special use permit
. . .
13. Historical centers, historical center special events, historical center festivals
(reference 5.1.42).
Sec. 14.2.2 By special use permit
. . .
15. Historical centers, historical center special events, historical center festivals
(reference 5.1.42).
Sec. 15.2.2 By special use permit
. . .
17. Historical centers, historical center special events, historical center festivals
(reference 5.1.42).
Sec. 16.2.2 By special use permit
. . .
17. Historical centers, historical center special events, historical center festivals
(reference 5.1.42).
Sec. 17.2.2 By special use permit
. . .
19. Historical centers, historical center special events, historical center festivals
(reference 5.1.42).
Sec. 18.2.2 By special use permit
. . .
19. Historical centers, historical center special events, historical center festivals
(reference 5.1.42).
Sec. 19.3.2 By special use permit
. . .
41
11. Historical centers, historical center special events, historical center festivals
(reference 5.1.42).
42
ATTACHMENT 7
ORDINANCE NO. 05-18(6)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE III, DISTRICT REGULATIONS, OF
THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article III, District Regulations, of the Code of the County of Albemarle is amended and
reordained as follows:
By Amending:
Sec. 30.2.1 Intent
Sec. 30.2.2 Application
Sec. 30.2.3 Definitions
Chapter 18. Zoning
Article III. District Regulations
Sec. 30.2.1 Intent
The airport impact area (“AIA”) overlay district is created in recognition of: airport related hazards which
may endanger lives and property; obstructions which effectively reduce air space required for take-off,
landing and maneuvering of aircraft, thereby reducing the utility of the Charlottesville-Albemarle Airport
and the public investment therein; and noise from aircraft operations which may adversely affect the
health of persons and the peaceful use and enjoyment of property. It is the intent of this overlay district to
minimize the creation of physical, visual and other obstructions to the safe operations of the airport facility
and to minimize adverse airport-related impacts on persons and properties in the vicinity. The AIA overlay
district shall consist of the airport protection area, runway protection zone (“RPZ”) and the AIA noise
impact area.
(Ord. 05-18(6), 6-8-05)
Sec. 30.2.2 Application
The AIA overlay district is hereby created and designated generally on the zoning map and specifically on
the Airport Airspace Drawing-Part 77, as amended, and on the Existing Noise Contours Map (2002), of
the Charlottesville/Albemarle Airport Master Plan, as amended (“Airport Airspace Drawing-Part 77” and
“Existing Noise Contours Map (2003)”, respectively). Copies of these documents shall be available in the
office of the zoning administrator.
(Ord. 05-18(6), 6-8-05)
Sec. 30.2.3 Definitions
The following definitions shall apply in the interpretation and implementation of this section 30.2:
(1) AIA noise impact area. The term “AIA noise impact area” means all land within the 65 DNL
contour as delineated on the Existing Noise Contours Map (2003).
(2) Airport protection area. The term “airport protection area” means the imaginary conical,
horizontal, transitional and approach surfaces as delineated and/or described on the Airport Airspace
Drawing-Part 77.
(3) Primary surface. The term “primary surface” means a surface longitudinally centered on a
runway. The primary surface for Runway 3-21 extends two hundred (200) feet beyond each end and is
43
one thousand (1,000) feet wide. The elevation of the primary surface is the same as the elevation of the
nearest point on the runway centerline.
(4) Runway protection zone. The term “runway protection zone” means an area at ground level
underlying a portion of the FAR Part 77 imaginary runway approach surface and extending to a point on
the ground where the elevation of the approach surface reaches fifty (50) feet above the runway end
elevation. The runway protection zone is trapezoidal in shape and centered about the extended runway
centerline, with dimensions for a particular runway end defined by the type of aircraft and approach
visibility minimum associated with that runway end. The runway protection zone typically begins two
hundred (200) feet beyond the end of the runway area usable for takeoff and landing, and extends from
the ends of the primary surface. At the Charlottesville-Albemarle Airport, the dimensions of the runway
protection zone for Runway 3 are one thousand (1,000) feet (inner width), one thousand seven hundred
fifty (1,750) feet (outer width) and two thousand five hundred (2,500) feet (length); the dimensions of the
runway protection zone for Runway 21 are one thousand (1,000) feet (inner width), one thousand five
hundred ten (1,510) feet (outer width) and one thousand seven hundred (1,700) feet (length).
(5) Safety area. The term “safety area” means the airport primary surface and the runway protection
zone at each end of the runway as shown on the Airport Lay-Out Plan.
(Ord. 05-18(6), 6-8-05)