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ACTIONS
Board of Supervisors Meeting of November 2, 2005
November 4, 2005
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 9:00 a.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 spoke about the Land Use program
and the cost to the taxpayers this year. Would
like to see the Land Use program eliminated
and money put into ACE.
• Bill Tompkins, a resident of Glenmore who
commutes into town each day, said he would
like to encourage the Board to support VDOT’s
recent recommendation to widen Route 250
East of the I-64 interchange.
• Jeff Werner, of Piedmont Environmental
Council, stated the State is reviewing the Six
Year Secondary Road Plan. In the current list
there are seven roads in the County not in the
County’s Comprehensive Plan, MPO’s plan, or
transportation plans of this community. VDOT
has a $234.0 million road expenditure that it
wants to build that is not consistent with the
County’s Comprehensive Plan. Encouraged
the Board when talking about transportation to
put forward to the community a good
accounting of what has been done in this
community with allocations from VDOT, and do
not allow the State to dictate what the County
does with its road allocation funds.
• Richard Herskowitz, the Virginia Film Festival’s
Director, said the 18th event wrapped up on
Sunday and it had a record high attendance of
13,074. Thanked Albemarle County for their
annual contribution to the festival.
• Paula Brown-Steedly spoke about the 4/10ths
of a mile on Doctor’s Crossing which is
extremely dangerous. Asked the Board for
emergency repair funds or that the bridge be
closed to prevent traveling down into that area.
5. Recognitions. (Removed from agenda)
6.2 Resolution to authorize the Region Ten Community
Services Board to act as its own Fiscal Agent.
• ADOPTED the attached resolution.
Clerk: Forward a copy of adopted resolution to
Richard Wiggans and County Attorney.
(Attachment 1)
6.3 Reappraisal of Round 4 ACE properties.
• APPROVED the four (4) appraisals by Pape
and Company for applications from the Year
2003-04 applicant pool (Daniel Bieker, Samuel
Hill, Henry C. Page and James M. Shifflett) and
authorized staff to send invitations to offer to
sell to the applicants.
Ches Goodall/County Attorney’s Office:
Proceed as directed.
6.4 Resolution to accept road(s) in Murray Subdivision Clerk: Forward signed resolution to Greg
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into the State Secondary System of Highways.
• ADOPTED the attached resolution.
Cooley in Department of Community
Development.
(Attachment 2)
6.5 Resolution to accept road(s) in Forest Lakes South,
Phase 3, Block P, Subdivision into the State
Secondary System of Highways.
• ADOPTED the attached resolution.
Clerk: Forward signed resolution to Greg
Cooley in Department of Community
Development.
(Attachment 3)
6.6 Submittal Policy for Zoning Applications.
• DEFERRED.
• CONSENSUS of the Board to add the following
language and bring back for Board approval on
next Consent Agenda: This policy is not
intended to prevent changes made in
proffers at the public hearing resulting from
comments received from the public or from
Board members at the public hearing.
Clerk: Schedule on November 9th consent
agenda.
6.9 Groundwater Monitoring Program Implementation.
• DISCUSSED for information.
6.10 Strategic Plan Results from September 9, 2005
Retreat.
• Ms. Thomas asked that the Strategic Planning
work session scheduled for December 7th
Board meeting be rescheduled since she
cannot attend that meeting.
• Mr. Rooker had a few wording changes. Under
the Vision Statement, change third sentence to
read: “The County’s natural resources and
natural beauty will be maintained.”;
• Change 4a. to read: “Over the next four years
accelerate two regional and two local projects
that would not occur without our extra effort in
addition to the Meadow Creek Parkway”;
• Change 4b. to read: “Move forward in dealing
with water issues by obtaining final approval for
the water supply plan in two years”; and
• Add a separate item for comprehensive water
and waste water plans.
• Change 5a. to read: “Establish and Implement a
schedule for completing the Master Plans for
each County Growth Area”
• Mr. Boyd asked if under 2c. if “such as
transportation districts” is needed in that
sentence. Mr. Rooker suggested “Find
revenue streams for infrastructure
improvements”
Clerk: Reschedule on February 2006 agenda.
Lori Allshouse: Proceed as directed and email
changes to Board members.
7. Board to Board Presentation, School Board
Chairman.
• RECEIVED.
• Gave Clerk of the Board Making Connections,
November 7, 2005, conference booklet to
distribute to Board members.
Clerk: Distribute in Board members’ mail
boxes.
8a. VDOT Primary Road Policy.
• John A. Giometti, VDOT’s District Planning &
Land Development Manager, explained to the
Board how the process works.
8b. VDOT Monthly Report for October, 2005.
• RECEIVED.
8c. Other Transportation Matters. Clerk: Forward comments to VDOT.
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Jim Utterback:
• Airport Road improvement project should be
finished up in the next week or so.
• Route 53 bridge did not meet the 11/1
completion date but should be complete in the
next two weeks, by the 14th.
• Looking at next Spring to complete the District
wide bridge painting project.
• VDOT did have a scoping meeting on
Georgetown Road with Mr. Rooker and County
staff. Moving that project forward to a Citizen
Information Meeting in the Spring.
• Last piece of Gilbert Station Road just about
complete so VDOT has put down several seals.
He expects that work to be complete this week
except for the final seals.
• “Blind curve” signage on Route 240 is being
studied.
• Unconventional speed limit signs like 22 ½ mph
are not done in Virginia.
• Addressed some of the potholes on Dry Bridge
bridge.
• VDOT will schedule to install a “Dead End” or
“No Outlet” sign on Dunromin Road.
• Safety funds are tied to traffic data/traffic
accidents, etc. Doctor’s Crossing, which was
brought up under “Other Matters”, did not come
up as a safety candidate project. Will go back
and investigate further to see if there are any
accident data that VDOT has, along with what
comes through County staff, County School
Board bus data, and look at the potential for
safety funds which competes with a number of
other safety projects as well. Mr. Boyd asked if
Mr. Utterback has addressed the letter. Mr.
Utterback said he will send Mr. Boyd a written
response to the letter.
David Wyant:
• Bridge on Route 811, drainage issue.
• Asked status of Advance Mills Bridge. Mr.
Utterback said at the request of VDOT a
consultant is doing an inspection of the bridge.
VDOT gave notice and closed the bridge down
for a week to do that bridge inspection. Waiting
for results.
Sally Thomas:
• Asked that when VDOT receives the cost of the
Dickerson Road bridges project, to notify the
County.
Dennis Rooker:
• Asked the status of Solomon Road, “Child At
Play” sign. Mr. Utterback said he has not seen
that yet. Juan Wade said the resolution has
been forwarded to VDOT. He will check the
status.
Ken Boyd:
• Asked if Mr. Utterback got the name of the
person who was interested in the Route 22/250
Juan Wade: Check on status with VDOT.
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Intersection design. Mr. Utterback stated he did
and will follow-up with him.
Lindsay Dorrier:
• On Route 20 South, the area between
Monticello High School and the Interstate is still
dangerous. Problem with traffic coming North
on Route 20 as it intersects with Route 53.
Traffic is coming out of that road at a pretty fast
speed. There are some safety concerns that
need to be looked at. Mr. Utterback stated he
has asked the Traffic Engineer to look at that
intersection and that 1 ½ to the school. Mr.
Rooker said there have been several fatalities
on that road and it should be high up on
VDOT’s list for safety funds.
9. 2006 Draft Thomas Jefferson Planning District
Commission Legislative Program, David Blount.
• Ms. Thomas suggested in Transportation, the
following change to the first paragraph: “The
Planning District’s member localities urge the
state to establish stable and consistent state
revenues for Virginia’s transportation
infrastructure…….” ; and
• Under Public Education Funding, a change to
the second paragraph, second sentence: “New
state dollars for public education in 2004
recognized that localities have greatly
exceeded their mandated responsibilities for
education funding,……”.
• Mr. Bowerman suggested that Under Public
Education Funding, the second paragraph,
second sentence instead read: “The state has
acknowledged that localities have greatly
exceeded their mandate for funding
education, by providing dollars for initiatives
already being paid for by local governments,
………….”
• Mr. Rooker asked if a potential for providing
financial incentives to localities that tie their
land use decisions to transportation plans be
included. Mr. Blount said if the Board wishes
he could add a statement into the third
paragraph under Transportation.
• ACCEPTED, by a vote of 6:0, the attached draft
2006 TJPDC Legislative Program (with
changes made at meeting.)
• Mr. Tucker said changes made to the draft by
other localities who meet with Mr. Blount during
the next few weeks will be put on the December
7th consent agenda for the Board’s final
approval.
David Blount/Andy Bowman: Proceed as
directed.
Clerk: Schedule on December 7th agenda.
10. Water Supply Update – Ragged Mountain/Urban
Pipeline Option.
• PRESENTED by Tom Frederick of RWSA.
Gave a brief discussion of what took place at
the Public Outreach Meeting on Community
Water Supply last Thursday evening and also
gave an update on the project.
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• Stated information received from the public and
the results from the breakout groups from last
Thursday night are available on RWSA website.
• The Board recessed at 11:05 a.m. and reconvened
at 11:10 a.m.
11a. YMCA Recreation Facility Report.
• PRESENTED by Kurt Krueger of YMCA.
• AUTHORIZED staff, by a vote of 6:0, to
develop plans for a YMCA/County partnership
subject to the Board’s final approval.
Pat Mullaney/County Attorney: Proceed as
directed.
11b. Historic Preservation Committee Status Report.
• PRESENTED by David Benish.
• ADOPTED, by a vote of 6:0, the attached
Resolution of Intent to amend the Historic
Preservation Section of the County’s
Comprehensive Plan.
• CONSENSUS of the Board to pull Items 2a.
and 2b. of recommendations and prioritize.
Clerk: Forward copy of adopted resolution to
Planning Department, County Attorney’s office
and Margaret Maliszewski.
Planning Commission: Hold public hearing on
the Comprehensive Plan amendment and make
recommendations to the Board of Supervisors
at the earliest possible date.
(Attachment 4)
11c. Community Development Authorities.
• DEFERRED.
Clerk: Reschedule for January 4, 2006 Board
meeting.
12. Discussion: Real Estate Tax Exemption for Certain
Elderly and Disabled Persons.
• DISCUSSED.
• APPROVED, by a vote of 6:0, to increase the
amount of acreage excluded from the
calculation of net worth for purposes of real
estate tax exemption program, from one acre to
five acres and set the public hearing for
December 7th.
County Attorney: Prepare ordinance to amend
County Code.
Clerk: Set public hearing for December 7th.
13. FY06 First Quarter Financial Report.
• ACCEPTED FY06 First Quarter Financial
Report.
14. Report from Police Chief John Miller.
• Updated the Board on disturbances that have
occurred both at Wolfie’s and the Waffle House
and the Police Department’s zero tolerance of
the disorderlies.
15. Closed Session: Personnel and Legal Matters.
• At 12:20 p.m., the Board went into closed
session to consider appointments to boards,
committees, and commissions; to discuss the
acquisition of property for a public facility; and
to consult of with legal counsel and staff
regarding legal issues concerning an existing
and a potential interjurisdictional agreement.
16. Certified Close Session.
• At 1:58 p.m., the Board reconvened into open
session and certified the closed session.
17. Vacancies/Appointments.
• No action taken.
18. SP-2005-019. Buck’s Elbow Mountain – Ntelos
(WBP701) (Signs #35,36).
• APPROVED SP-2005-019, by a vote of 6:0,
subject to the six conditions recommended by
the Planning Commission.
Clerk: Set out conditions of approval.
(Attachment 5)
19. ZTA-2005-008. Entrance Corridor. Clerk: Forward adopted ordinance to County
6
• ADOPTED the ordinance, by a vote of 5:0,
effective November 2, 2005.
(Mr. Bowerman abstained).
Attorney’s office for inclusion in next update of
County Code and copy Amelia McCulley.
(Attachment 6)
20. ZMA-2005-016. Entrance Corridor.
• APPROVED ZMA-2005-008, by a vote 5:0.
(Mr. Bowerman abstained).
21. CPA-2005-001. Land Use Plan Transportation
Update.
• DEFERRED work session.
• Mr. Rooker would like to see information
provided in the profiles by staff be updated. Mr.
Benish stated the Neighborhood Profiles will be
updated with the Places29 and Pantops Master
Plans. He also stated the strike through version
of this amendment does not have the last round
of changes in it because the Planning
Commission’s last action was just a week ago.
Mr. Rooker asked for a copy of the revised
strike through.
• Mr. Cilimberg stated if staff can keep it to the
Transportation changes and understand that
the other elements will be updated as the
master plans are completed it will expedite
things for the Board.
Clerk: Reschedule on December 7th meeting.
David Benish: Provide information as
requested.
• The Board recessed at 3:00 p.m. and reconvened
at 3:05 p.m.
22. Financial Condition Evaluation FY99/00-03/04.
• HELD work session.
ACTIONS
Joint Meeting with Albemarle County Planning Commission of November 2, 2005
4:00 P.M., Room 235
24. Places29 – to discuss and give feedback to the
consultant on the Vision and Guiding Principles.
• PRESENTED by Philip Erickson, AIA,
President, Community Design + Architecture
(design and planning consultant), Thomas
Kronemeyer, Senior Associate, Community
Design + Architecture, Frederick C. Dock,
Principal, Meyer, Mohaddes Associates
(transportation consultant), and Sarah
Woodworth, Vice President, ZHA, Inc.
(economic consultant)
• Asked the Board and Planning Commission
members to take a look at the Vision and
Guiding Principles, and any big issue the
consultants should be thinking about, and send
comments to Judy Wiegand in the next week or
so.
23. From the Board: Matters Not Listed on the Agenda.
Sally Thomas:
• Asked Mr. Tucker to find out if County residents
who pay their natural gas bill to the City and
donate money to fuel assistance get use of this
money or just City residents and does the City
put any money into this fund. Mr. Tucker said
staff will find out.
• Went to VML meeting and VML has worked out
a proposal with a lot of other concerned groups
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on what to do with the eminent domain issue.
Virginia constitution seems to protect the public
more than other states. It leaves a few
definitions vague and the term “public uses”
which is the only reason you can do the
eminent domain. Proposing that it be defined a
bit more carefully. Hoping that is what the
General Assembly will do. She has the actual
proposal for Board members to look at.
• Concerned about what is happening at White
Gables. Not strongly protecting the trees during
construction. Would like staff to look into what
the Board needs to do; either administratively or
if the County needs a stronger ordinance.
• She got a call from a citizen, that the County’s
street signs are flimsy. Mr. Tucker stated they
did change the dimensions of the sign three to
four years ago due to costs and from wood to
metal. Staff can amend and bring back to the
Board for a larger, sturdier sign. Mr. Rooker
said Mr. Graham will look at options for the
Board.
Dennis Rooker:
• Brought up letter from Tayloe Murphy regarding
opportunities for nonpoint source pollution
grants. Mr. Graham said staff is working on.
• Handed out article on Health Care plans.
• Asked Board if they had seen an article about
Washington County and the incentive package
with the Harmon Co. They approved a $30.0
million industrial revenue bond. The County
agreed to eliminate 50% of their real estate
taxes over a period of 10 years. Also agreed to
a monetary grant of $450,000.
Ken Boyd:
• Wanted to know status of Eastern Connector
Study. Mr. Rooker stated City is not reacting
well to southern route being added to the study
from the October 5th meeting. Did not have
this in mind when they agreed to fund half of
the study for a road in the County. Mr.
Bowerman offered motion which was
seconded by Ms. Thomas to eliminate from the
study the southern route which was approved
October 5th so the Eastern Connector Study
can move forward. Motion FAILED by a vote of
3:3. Mr. Rooker stated with this vote, the Board
has stopped the study. Mr. Boyd then offered
an alternate motion to rescind the southern
route from the Eastern Connector Study and for
the Director of Community Development to
work with City staff to develop a scope of work
that includes an initial phasing for traffic
analysis in order for the Board to review traffic
(Origin and Destination) numbers before
moving forward with the remainder of the study
or further expenditure. Motion was seconded
by Mr. Wyant. Motion PASSED by a vote of
6:0.
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• Wanted to know status of Stony Point Fire
Station building/funding needs. Mr. Tucker said
it is one of the things that will be talked about
next week in the Board’s work session. Mr.
Wyant said he has asked Stony Point to submit
their data to him directly.
25. Adjourn to November 9, 2005, 3:30 p.m., Room
235.
• The meeting was adjourned at 5:56 p.m.
/djm
Attachment 1 – Resolution to authorize Region Ten Community Services Board to act as its own
Fiscal Agent
Attachment 2 – Resolution to accept road(s) in Murray Subdivision into the State Secondary System of
Highways
Attachment 3 – Resolution to accept road(s) in Forest Lakes South, Phase 3, Block P, Subdivision into
the State Secondary System of Highways
Attachment 4 – Resolution of Intent
Attachment 5 – Conditions of Approval for Planning Item
Attachment 6 – Ordinance to Amend Chapter 18, Zoning, Article III, Sec. 30.6 EC
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ATTACHMENT 1
RESOLUTION TO AUTHORIZE REGION TEN COMMUNITY SERVICES BOARD
TO ACT AS ITS OWN FISCAL AGENT
WHEREAS, Virginia Code § 37.2-504 allows a Community Services Board to receive state and
federal funds directly and to act as its own fiscal agent, if authorized by the governing body of each city or
county that established it; and
WHEREAS, the Region Ten Community Service Board (CSB) is a community services board
established by the counties of Albemarle, Fluvanna, Greene, Louisa, and Nelson and the City of
Charlottesville; and
WHEREAS, the County of Albemarle has served as fiscal agent for the CSB since its inception;
and
WHEREAS, the CSB has received funding since 1988 from the Virginia Department of Mental
Health/Mental Retardation/Substance Abuse Services (DMHMRSAS); and
WHEREAS, the sole purpose for the County in the role of fiscal agent is to act as a pass-through
agent of funds from the DMHMRSAS to the CSB; and
WHEREAS, the CSB has requested the County to formally authorize the CSB to act as its own
fiscal agent.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors
authorizes the Region Ten Community Services Board to act as its own fiscal agent.
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ATTACHMENT 2
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 2nd
day of November 2005, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Murray Subdivision, described on the attached Additions Form LA-
5(A) dated November 2, 2005, fully incorporated herein by reference, is shown on plats recorded in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the
Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transportation to add the street(s) in Murray Subdivision , as
described on the attached Additions Form LA-5(A) dated November 2, 2005, to the secondary system of
state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street
Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as
described, exclusive of any necessary easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
* * * * *
The road(s) described on Additions Form LA-5(A) is:
1) Murray Lane (State Route 1125) from the intersection of Route 637 (Dick Woods Road)
to the cul-de-sac, as shown on plat recorded 11/21/2002 in the office the Clerk of Circuit
Court of Albemarle County in Deed Book 2321, pages 608-618, with a 40-foot variable
right-of-way width, for a length of 0.47 miles.
Total Mileage – 0.47 miles
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ATTACHMENT 3
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 2nd
day of November 2005, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Forest Lakes South, Phase 3, Block P, Subdivision, described on
the attached Additions Form LA-5(A) dated November 2, 2005, fully incorporated herein by reference, is
shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the
Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transportation to add the street(s) in Forest Lakes South, Phase 3,
Block P, Subdivision, as described on the attached Additions Form LA-5(A) dated November 2, 2005,
to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as
described, exclusive of any necessary easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
* * * * *
The road(s) described on Additions Form LA-5(A) is:
1) Teakwood Cove (State Route 1655) from Route 1656 (Teakwood Drive to the cul-de-
sac, as shown on plat recorded 07/21/1998 in the office the Clerk of Circuit Court of
Albemarle County in Deed Book 1729, pages 306-311, with a 40-foot right-of-way width,
for a length of 0.14 miles.
Total Mileage – 0.14 miles
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ATTACHMENT 4
RESOLUTION OF INTENT
WHEREAS, it is the intent of the Albemarle County Board of Supervisors to protect Albemarle
County’s historic and cultural resources; and
WHEREAS, the County’s Historic Preservation Plan (the “Plan”) was adopted by the Board of
Supervisors in 2000 as part of the Albemarle County Comprehensive Plan, and Priority
Recommendations for the implementation of the Plan were adopted by the Board in 2001; and
WHEREAS, the Plan is intended to further the Comprehensive Plan’s goal of protecting
Albemarle County’s historic and cultural resources by defining specific implementation strategies; and
WHEREAS, in the course of the Historic Preservation Committee’s work on the Priority
Recommendations, the Committee has identified and recommended certain clarifications, revisions, and
additions to the previously approved implementation strategies, in particular regarding the role of Historic
Preservation Committee members, the treatment of the County’s country stores, the identification and
designation of other significant building types in the County, and the identification of significant County
viewsheds.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good planning and land use practices, the Albemarle County Board of Supervisors
hereby adopts a resolution of intent to amend the Albemarle County Comprehensive Plan by amending
the Historic Preservation Plan as described herein and to make any other changes to the Comprehensive
Plan deemed to be necessary in order to achieve the purposes described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the
Comprehensive Plan amendment proposed by this resolution of intent, and make its recommendations to
the Board of Supervisors at the earliest possible date.
* * * * *
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ATTACHMENT 5
SP-2005-019. Buck's Elbow Mountain - Ntelos (WBP701) (Signs #35,36). Request to allow
attachment of 6-foot long, 11.7-inch wide antenna supporting portable wireless broadband services on
existing structure. The antenna will be attached with an extension rod extending 9 ft above the structure,
which will result in total top height of approx 42-ft above ground level & 3153 above mean sea level
(AMSL). This request is being made in accord w/Sec [10.2.2.48] of the Zoning Ord, which allows for Tier
III personal wireless service fac in the RA zoning dist. TM 39, P 1E, contains 0.22 acs. RA. Loc on Buck's
Elbow Mountain, approx 3-1/2 mls NE of intersec w/Jarman's Gap Rd (Rt 611). White Hall Dist.
1. The antenna, mounting pole, microwave dish and ground equipment shall all be sized, located,
installed and maintained in general accord with the construction plans, structure elevations and
schematic drawings, entitled “Telecommunications Facility Co-location, Bucks Elbow Mountain -
Waynesboro/Crozet (WBP701), Crozet, Virginia 22932”, last revised August 12, 2005 and
initialed SBW on September 20, 2005;
2. Prior to the issuance of a building permit, the applicant shall submit a final revised set of site
drawings construction of the facility. Planning staff shall review the revised plans to ensure that
all appropriate conditions of this special use permit have been addressed;
3. The top of the omni-directional antenna shall not exceed an elevation of three thousand one
hundred fifty-seven (3157) feet;
4. The facility shall be disassembled and removed from the site within ninety (90) days of the date
its use for personal wireless service purposes is discontinued. If the agent determines at any time
that surety is required to guarantee that the facility will be removed as required, the agent may
require that the parcel owner or the owner of the facility submit a certified check, a bond with
surety, or a letter of credit, in an amount sufficient for, and conditioned upon, the removal of the
facility. The type and form of the surety guarantee shall be to the satisfaction of the agent and the
county attorney. In determining whether surety should be required, the agent shall consider the
following: (i) the annual report states that the tower or pole is no longer being used for personal
wireless service facilities; (ii) the annual report was not filed; (iii) there is a change in technology
that makes it likely that tower or pole will be unnecessary in the near future; (iv) the permittee fails
to comply with applicable regulations or conditions; (v) the permittee fails to timely remove
another tower or pole within the county; and (vi) whenever otherwise deemed necessary by the
agent;
5. The owner of the facility shall submit a report to the agent by no earlier than May or and no later
than July 1 of each year. The report shall identify each user of the existing structure, and include
a drawing, photograph or other illustration identifying which equipment is owned and/or operated
by each personal wireless service provider. Multiple users on a single tower or other mounting
structure may submit a single report, provided that the report includes a statement signed by a
representative from each user acquiescing in the report; and
6. The following shall be submitted to the agent after installation of the monopole is completed and
prior to issuance of a certificate of occupancy: (i) certification by a registered surveyor stating the
height of the monopole, measured both in feet above ground level and in elevation above mean
sea level, using the benchmarks or reference datum identified in the application; and (ii)
certification stating that the lightning rod’s height does not exceed two (2) feet above the top of
the monopole and width does not exceed a diameter of one (1) inch.
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ATTACHMENT 6
ORDINANCE NO. 05-18(9)
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 as follows:
By Amending:
Sec. 30.6.2 Application.
Chapter 18. Zoning
Article III. District Regulations
Sec. 30.6.2 Application
The entrance corridor overlay district is created to conserve elements of the county's scenic
beauty and to preserve and protect corridors: (i) along arterial streets or highways designated as
such pursuant to Title 33.1 of the Virginia Code found by the board of supervisors to be significant
routes of tourist access to the county; (ii) to historic landmarks as established by the Virginia
Landmarks Commission together with any other buildings or structures within the county having
an important historic, architectural or cultural interest and any historic areas within the county as
defined by Virginia Code § 15.2-2201; or (iii) to designated historic landmarks, buildings,
structures or districts in any contiguous locality.
a. An entrance corridor overlay district may be established over any basic zoning district and/or
any other overlay district, and upon the highways and their rights-of-way identified in
subsection (c) (the “EC streets”), regardless of whether such EC streets are otherwise within
a zoning district.
b. Entrance corridor overlay districts are hereby established upon the parcels of land contiguous
to the EC streets delineated in subsection (c), from the edge of the right-of-way to the greater
of either: (i) the full depth of the parcel, as the parcel existed on the original adoption date of
section 30.6; or (ii) a depth of five hundred (500) feet.
c. Subject to subsection (b), entrance corridor overlay districts are hereby established upon and
along the following highways:
1. U.S. Route 250 East.
2. U.S. Route 29 North.
3. U.S. Route 29 South.
4. Virginia Route 20 South.
5. Virginia Route 631 South from Charlottesville City limits to Route 708 and from U.S.
Route 29 North to Route 743. (Amended 11-14-90; Amended 4-12-00)
6. U.S. Route 250 West.
7. Virginia Route 6.
15
8. Virginia Route 151.
9. Interstate Route 64.
10. Virginia Route 20 North.
11. Virginia Route 22.
12. Virginia Route 53.
13. Virginia Route 231.
14. Virginia Route 240.
15. U.S. Route 29 Business.
16. U.S. Route 29/250 Bypass.
17. Virginia Route 654. (Added 11-14-90)
18. Virginia Route 742. (Added 11-14-90)
19. Virginia Route 649 from U.S. Route 29 North to Virginia Route 606. (Added 4-12-00)
20. Virginia Route 743 from U.S. Route 29 North to Virginia Route 676. (Added 4-12-00)
21. Virginia Route 631 from U.S. Route 29 North easterly to the Norfolk Southern
Railway tracks.
(12-10-80, § 30.6.2; 11-14-90; 9-9-92; Ord. 00-18(4), 4-12-00; Ord. 01-18(3), 5-9-01; Ord 05-18(9), 11-2-
05)