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ACTIONS
Board of Supervisors Meeting of July 5, 2006
July 6, 2006
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 9:07a.m. by the
Chairman, Mr. Rooker. All BOS members were
present; Mr. Slutzky arrived at 9:09 a.m. Also
present were Bob Tucker, Larry Davis and
Diane Mullins.
4. From the Public: Matters Not Listed on the Agenda
• Ed Imhoff spoke on the Glenoaks Subdivision
Plat Appeal and was concerned about the
integrity of the dam at the lake. He felt a
structural engineering analysis should be
conducted.
• The following citizens spoke concerning the
Crozet Master Plan Population Estimate and
proposed resolution: Mary Rice, David
Wayland, Jim Stork, Mary Gallo, Barbara
Westbrook, Tom Loach, Bob Miller, Karen Arch,
Fred Williamson, Judi Burbes.
• Paul Newland spoke concerning the closing of
the Advance Mills Bridge.
• Ann Mallek spoke concerning the closing of the
Advance Mills Bridge.
• Randy O’Neill spoke about his mobile fitness
facility, Kids’ Fitness.
• John Martin asked the Board to appoint the
Director of Community Development to the
Rivanna Water & Sewer Authority Board of
Directors.
• Jeff Werner, Piedmont Environmental Council,
spoke about total number of developable acres
as show on Table II in the Albemarle County
Comprehensive Plan.
5. Recognitions.
n/a
6.1 Blue Ridge Farm Road Name Change.
• APPROVED the road name change from Blue
Ridge Farm Road to Ortman Drive and
AUTHORIZED staff to coordinate/implement
the above referenced change.
Tex Weaver: Proceed as approved.
6.2 Proposed 2007 Legislative Priorities for submission
to the TJPDC and VACo 2007.
• APPROVED the proposed 2007 Legislative
Priorities for submission to VACo and the
TJPDC except the request to maintain tax relief
under the Personal Property Tax Relief Act at
70% level of relief.
Andy Bowman: Forward Priorities to TJPDC
and VACo. (Attachment 1)
6.3 Appraisals from Round 5 ACE properties (FY 2004-
05) and purchase of easements on the top six
properties.
• APPROVED the nine appraisals by Pape and
Company for properties in the year 2004-05
Ches Goodall/David Benish: Proceed as
approved.
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applicant pool.
• AUTHORIZED staff to send invitations to offer
to sell to the applicants, beginning with Davey,
Vieille, Metcalf/South, Boyle and Rock Mills
Farm, and continuing through the applicant pool
until available funding is exhausted.
• With the expectation that the acquisition of the
five easements listed above plus the Donnelly
easement will exceed the ACE fund balance at
the end of FY 2004-05, AUTHORIZED the use
of FY 2005-06 funds to fully fund the purchase
the Donnelly easement.
6.4 Record Retention/Destruction of Tax/Payroll
Records.
• AUTHORIZED the destruction of the FY 2001
paid tax tickets.
Richard Wiggans: Proceed as approved.
6.5 Appointment of Diane Mullins as Acting Clerk to the
Board of Supervisors.
• APPROVED appointment effective July 1, 2006
through August 31, 2006.
6.6 Resolution to accept road(s) Dunlora 4B into the
State Secondary System of Highways.
• ADOPTED the attached resolution.
Clerk: Forward copy of resolution and signed
Form AM-4.3 to Greg Cooley. (Attachment 2)
6.7 Resolution to accept road(s) Dunlora 4C into the
State Secondary System of Highways.
• ADOPTED the attached resolution.
Clerk: Forward copy of resolution and signed
Form AM-4.3 to Greg Cooley. (Attachment 3)
6.8 FY 07/FY 10 Strategic Plan.
• APPROVED the FY07/FY10 Strategic Plan.
Lori Allshouse: Proceed as approved.
6.9 Resolution to add to the Secondary System of State
Highways portions of Route 795 (Presidents Rd),
identified as from .96 miles south of State Route
708, to 1.0 miles south of State Route 708 and 2.58
miles north of Route 713, a distance of 0.04 miles.
• ADOPTED the attached resolution.
Clerk: Forward copy of resolution to VDOT
Resident Engineer. (Attachment 4)
7a. Discussion: Reopening Advance Mills Bridge.
Authorize County Executive to write a letter to
VDOT to move ahead with preliminary design for
replacing the Advance Mills Bridge. Letter should
include commitment to add this project to the
Secondary Road Project List in the fall. Once
bridge reopens, the Board requested additional
enforcement by County Police on vehicles weighing
3 tons or more.
Bob Tucker: Proceed as directed.
7b.
7c.
VDOT Monthly Report for June 2006.
Matters not Listed on the Agenda.
Jim Utterback:
• Rt. 601 near 250 by-pass has been reduced to
one lane due to an accident and subsequent
damage to bridge structure. VDOT hopes to
have a contractor within 30-60 days. Mr. Wyant
requested signage to detour traffic, if possible.
• Jarman’s Gap Road – VDOT is continuing to
make plan changes. Community meeting set
for July 27 between VDOT and church officials.
• Proffit Road is now closed at the railroad bridge
and repairs have begun.
• White Mountain Road repairs are being made.
Clerk: Forward comments to VDOT.
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• The Six Year Secondary Road Plan budget for
2006-07 will be $3.7 million including federal
monies.
David Wyant:
• Buck Mountain Road drainage culvert blocked
at lower end of road.
Lindsay Dorrier:
• Route 713 – Mr. Utterback said crews have
applied dust control measures three times this
spring and will continue to monitor.
Ken Boyd:
• Polo Grounds Road - Has received positive
comments about the light at the railroad bridge.
Some have suggested it be made permanent.
• Maxfield Road – Asked if this road would be
eligible as a Rural Rustic Road project, and if
so, could status be changed without losing its
priority on the Secondary Road Plan.
David Slutzky:
• Rio Road/Hillsdale/Northfield intersection –
inquired again about a study of the intersection.
Mr. Utterback has resubmitted his request for a
study and report is expected within 30 days.
• Route 29/Hydraulic Road – question about
signage. Mr. Utterback will check on this.
Dennis Rooker:
• Asked VDOT to check height of grass at key
intersections in the County where grass is
obscuring sight distance.
8. Update on Department of Forestry Activities,
Nelson J. Shaw.
• RECEIVED.
9. Appeal: SUB-2006-045. GlenOaks
Preliminary Plat.
• DEFERRED to allow the developer to
resubmit his plans.
At 12:04 p.m., the Board recessed and reconvened
at 12:14 p.m.
10. Resolution – Crozet Master Plan Population
Estimates.
• NO ACTION.
11. Overview of Master Planning Process and
Schedule.
• RECEIVED.
12. RWSA Drought Watch Declaration.
• DELETED from the Agenda.
13. Closed Session.
• At 1:15 p.m., the Board went into closed
session pursuant to Section 2.2-3711(A) of the
Code of Virginia, under Subsection (1) to
consider appointments to boards, committees,
and commissions; under Subsection (1) to
discuss an administrative evaluation.
14. Certify Closed Session.
• At 2:06 p.m., the Board reconvened into open
session and certified the closed session.
15. Boards and Commissions – Appointments. Clerk: Prepare appointment/reappointment
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• APPOINTED:
Community Criminal Justice Board – George
Noteman
JAUNT – Jamie Hughes
Crozet Advisory Committee – Tonya Brockett
and Gloria Johnson
Route #250 West Task Force – Robert
Bakalian and Barbara Franko
letters, update Boards and Commissions book
and notify appropriate persons.
16. FY 2006 Budget Amendment.
• APPROVED the FY 2006 Budget Amendment
in the amount of $728,041.96, and APPROVED
Appropriations #2006085, #2006086,
#2006087, #2006088, #2006089, and
#2006090 to provide funds for various General
Government, School, ECC and Capital
Improvement Programs.
Ms. Thomas requested an update on the 800
MHz system.
Clerk: Forward signed appropriation forms to
Finance, OMB, and copy appropriate
individuals.
Mr. Rooker suggested this report be sent to the
BOS via e-mail.
17. FY 2007 Budget Amendment.
• APPROVED the FY 2007 Budget Amendment
in the amount of $3,953,538, and APPROVED
Appropriations #2007001 to provide funds for
various Capital Improvement Programs; and
#2007002 to provide for funds for increase in
School capital projects.
Clerk: Forward signed appropriation forms to
Finance, OMB, and copy appropriate
individuals.
18. SP-2005-029. PRO Distribution (Sign #9).
• APPROVED SP-2005-029, by a vote of 6-0,
subject to five conditions.
Clerk: Set out conditions of approval in
Attachment 4.
19. SP-2006-007. Thomas Jefferson Parkway
Parking Signs #57,58,65).
• APPROVED SP-2006-007, by a vote of 6-0,
subject to eight conditions.
Clerk: Set out conditions of approval in
Attachment 4.
20. ZMA-2005-014. Poplar Glen Phase II Signs
#81,83).
• APPROVED ZMA-2005-014, by a vote of 6-0,
with proffers.
Clerk: Set out proffer in Attachment 5.
21. ZMA-2006-004. Albemarle County Service
Authority-Crozet Property (Sign #72).
• APPROVED ZMA-2006-004, by a vote of 6-0,
with proffers.
Clerk: Set out proffer in Attachment 6.
22. ZTA-2006-002. Civil Penalties.
• ADOPTED ordinance by a vote of 6-0. Asked
that the issue of fairness be considered in the
criteria for evaluating ZTA’s.
Clerk: Forward copy of signed ordinance to
County Attorney’s office and Zoning
Enforcement. (Attachment 7)
23. From the Board: Committee Reports and Matters
Not Listed on the Agenda.
Sally Thomas:
• Thought it would be helpful if drought
information could be shared with well water
users. It was suggested that this information be
posted on the County’s webpage.
• Brought up Red Hill Quarry and how it is
visually impacting the neighborhood.
• Brought up ZTAs for contractors offices and
storage yards. Mr. Cilimberg said it is on the
list of items that were deferred due to the
development review process currently being
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discussed.
Lindsay Dorrier
• n/a
Ken Boyd:
• ADOPTED: Resolution to Set FY 07
Compensation & Benefits for the County
Executive.
David Slutzky:
• Commented on the need for better signage on
properties which are the subject of re-zonings.
Dennis Rooker:
• The Clerks should set aside 15-30 minutes on a
future agenda to discuss the make-up of the
Board of Directors for Rivanna Water & Sewer
Authority.
• Mr. Graham should arrange for a DEQ
representative to come before the BOS in
September or October to discuss the 2006
Virginia Water Quality Assessment.
• Brought up the recent shooting of a cat in a
subdivision. Requested County Attorney to
contact Commonwealth’s Attorney to discuss
options restricting discharging firearms in
subdivisions.
24. Adjourn July 12, 2006, 5:30 p.m., Auditorium.
• At 4:58 p.m., the meeting was adjourned until
July 12, 2006, 5:30 p.m.
/dbm
Attachment 1 – 2007 Legislative Priorities
Attachment 2 – Resolution-Dunlora 4B.
Attachment 3 – Resolution-Dunlora 4C.
Attachment 4 - Resolution – Presidents Road (State Route 795)
Attachment 5 – Conditions of approval on Planning items
Attachment 6 – Proffers-ZMA-2005-014. Poplar Glen Phase II
Attachment 7 – Proffers-ZMA-2006-004. Albemarle County Service Authority-Crozet Property
Attachment 8 - ZTA-2006-002. Civil Penalties Ordinance
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ATTACHMENT 1
Proposed 2007 Legislative Priorities
Land Use and Growth Management
• Local Authority: Request the legislature 1) Strengthen local authority in land use decisions; 2) Provide high-
growth jurisdictions with growth management tools such as adequate public facilities ordinances and impact
fees; and 3) Oppose any preemption or circumvention of existing local authority to regulate land use.
• Conservation Easements: Request the legislature support and augment local efforts in natural resource
protection through 1) Continuing to fund the Virginia Land Conservation Foundation (VLCF) for locally
established and funded Purchase of Development Rights programs (e.g. ACE Program in Albemarle County);
2) Retaining current provisions in transient occupancy tax legislation so that funds can continue to be used to
protect open-space and resources of historical, cultural, ecological and scenic value that attract tourism; and 3)
Maintaining existing incentives for citizens to create conservation easements.
● Scenic Protection and Tourist Enhancement: Request enabling legislation for an Albemarle County pilot
program to provide for a scenic protection and tourist enhancement overlay district. As the County pursues
options to protect the visual quality of land as an aesthetic and economic resource, this legislation would
provide the County with a method to ensure full consideration of visual resources and scenic areas when the
County or state makes land use decisions in designated areas.
Transportation
● Transportation Funding: Request the legislature establish stable and consistent state revenues for Virginia’s
long-term transportation infrastructure needs. The state should direct its funding efforts at all transportation
modes and coordinate planning for transportation and land use, being mindful of local Comprehensive and
regional Transportation Plans when planning transportation systems within a locality.
• Use of Primary Funding on Urban Construction Projects: Amend Section 33.1-23.2 of the Code of Virginia
to allow for the application of primary funding to projects maintained by a municipality, without a corresponding
decrease in their urban construction allocation, only when the route is on the National Highway System (NHS).
This would enable the Commonwealth Transportation Board to allocate primary funding to projects located on a
NHS route within an urban municipality to accelerate funding of projects. Routes designated as part of the
NHS, by act of Congress, are deemed to have regional or national significance.
Health and Human Services
● Comprehensive Services Act (CSA): Request the legislature fully fund CSA mandates, including obligations
for administrative overhead and children, both of which have been shifted to localities in recent years.
● Reauthorization of Temporary Assistance to Needy Families (TANF) Program: Request the state take
advantage of the federal reauthorization of TANF by streamlining eligibility requirements and providing
maximum flexibility to localities so counties can implement the TANF program that best meets local needs.
Further, that the state provide sufficient funding to support the expanded VIEW population with funds for
childcare, Medicaid, employment services and related administrative expenses.
• Child Care for Low Income Working Families: Request the legislature provide sufficient matching funds to
local governments to assist low-income working and TANF families with childcare costs. This funding helps
working-class parents pay for supervised day care facilities and supports efforts for families to become self-
sufficient.
Public Safety
● Quality E-911 Systems and Service Delivery: To ensure the safety of Virginia citizens, request support for
legislation that would have private branch exchange (PBX) telephone systems report an exact location to the
911 system for each line so that optimal information is provided to responding emergency workers.
Local Government Administration / Laws
● Full Funding of State Mandates: Request the state provide full funding for its mandates in all areas of local
government including the Standards of Quality (SOQs), positions approved by the Compensation Board and
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costs related to jails and juvenile detention centers. These mandates have been shifted to localities in recent
years.
● Local Control of Real Property Taxation: Request the legislature take no action to restrict or limit the local
control of real property taxation.
• Personal Property Tax Relief: Request the legislature provide funding for tax relief under the Personal
Property Tax Relief Act (PPTRA) at the 70% level of relief. Funding provided by the legislature has not met this
level in 2006.
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ATTACHMENT 2
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 5th day of July
2006, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Dunlora Subdivision, Phase 4B, described on the attached Additions Form
LA-5(A) dated July 5, 2006, 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 Dunlora Subdivision, Phase 4B, as described on the
attached Additions Form LA-5(A) dated July 5, 2006, 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) Loring Run (State Route 1705) from the intersection of Route 1706 (Loring Circle) to the end of
state maintenance intersection of Route 1711 (Breckenridge Court), as shown on plat recorded
09/27/2001 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2084, page
734, with a 50-foot right-of-way width, for a length of 0.11 miles.
2) Breckenridge Court (State Route 1711) from the intersection of Route 1705 (Loring Run) to the
cul-de-sac, as shown on plat recorded 09/27/2001 in the office the Clerk of Circuit Court of
Albemarle County in Deed Book 2084, page 734, with a 50-foot right-of-way width, for a length of
0.06 miles.
Total Mileage – 0.17 miles
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ATTACHMENT 3
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 5th day of July
2006, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Dunlora Subdivision, Phase 4C, described on the attached Additions Form
LA-5(A) dated July 5, 2006, 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 Dunlora Subdivision, Phase 4C, as described on the
attached Additions Form LA-5(A) dated July 5, 2006, 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) Pike Place (State Route 1712) from the intersection of Route 1705 (Loring Run) to the cul-de-sac,
as shown on plat recorded 04/10/2003 in the office the Clerk of Circuit Court of Albemarle County
in Deed Book 2428, page 149, with a 50-foot right-of-way width, for a length of 0.04 miles.
Total Mileage – 0.04 miles
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ATTACHMENT 4
R E S O L U T I O N
WHEREAS, the Virginia Department of Transportation has provided the Board of County Supervisors of
Albemarle County, Virginia, with a sketch dated July 5, 2006, depicting the additions, discontinuances and
abandonments required in the secondary system of state highways; and
WHEREAS, the portions of Route 795 (Presidents Road) identified to be discontinued is deemed to no
longer serve public convenience warranting maintenance at public expense; and
WHEREAS, the new road serves the same citizens as those portions of old road identified to be
abandoned and those segments no longer serve a public need; and
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors abandons as part of the secondary
system of state highways those portions of Route 795 (Presidents Road), identified as from .96 miles south of State
Route 708 to 1.01 miles south of State Route 708, a distance of 0.05 miles, pursuant to Section 33.1-155, of the
Code of Virginia; and
BE IT FURTHER RESOLVED, that the Board of Supervisors hereby requests the Virginia Department of
Transportation to add to the secondary system of state highways those portions of Route 795 (Presidents Road),
identified as from .96 miles south of State Route 708, to 1.0 miles south of State Route 708 and 2.58 miles north of
Route 713, a distance of 0.04 miles, pursuant to Section 33.1-229, of the Code of Virginia; and
RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia
Department of Transportation.
* * * * *
The roads described on Additions Form AM-4.3 are:
Abandonment
1) Presidents Road (State Route 795) from .96 miles south of State Route 708 to 1.01 miles south of
State Route 708, as shown on plat recorded 03/03/2006 in the office of the Clerk of the Circuit
Court of Albemarle County in Deed Book 2218, page 296, with a 30-foot right-of-way width, for a
length of 0.05 miles.
Addition
1) Presidents Road (State Route 795) from .96 miles south of State Route 708 to 1.0 miles south of
State Route 708 and 2.58 miles north of Route 713, as shown on plat recorded 03/03/2006 in the
office of the Clerk of the Circuit Court of Albemarle County in Deed Book 2218, page 296, with a
40-foot right-of-way width, for a length of 0.04 miles.
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ATTACHMENT 5
SP-2005-029. PRO Distribution (Sign #9). PROPOSED: Retail tire sales/service. ZONING CATEGORY/
GENERAL USAGE: LI - Light Industrial - industrial, office, and limited commercial uses (no residential use).
SECTION: 18.27.2.2.13 Subordinate retail sales exceeding 15% of floor area of the main use. COMPREHENSIVE
PLAN LAND USE/DENSITY: Crozet Master Plan designates CT1 Development Area preservation of open space,
CT3 Urban Edge: single family residential(net 3.5-6.5 units/acre) supporting uses such as religious institutions and
schools and other small-scale non-residential uses, and CT4 Urban General: residential (net 4.5 units/acre single
family, net 12 units/acre townhouses/apartments, net 18 units/acre mixed use) with supporting uses such as
religious institutions and schools and mixed uses including retail/office ENTRANCE CORRIDOR: Yes X.
LOCATION: Tax Map 56, Parcel 87, located at 5155 Three Notched Road/Route 240. MAGISTERIAL DISTRICT:
White Hall.
1. Site plan approval of the proposed retail tire sales use if required;
2. Retail tire sales shall be limited to the building labeled as Office/Storage Building F as shown on the
approved SDP #03-043 for that building;
3. The floor area devoted to tire sales within Building F shall not exceed one thousand six hundred fifty-four
(1654) square feet of floor area in that building;
4. Hours of operation for the retail tire sales business shall be between 7:30a.m. and 6:00p.m.; and
5. There shall be no outdoor storage of tires or equipment associated with the wholesale or retail tire sales
business.
SP-2006-007. Thomas Jefferson Parkway Parking (Signs # 57,58,65). PROPOSED: Construction of
additional parking at the intersection of Thomas Jefferson Parkway (Rt 53) and Scottsville Road (Rt 20) to serve the
pedestrian trail accessing Monticello. ZONING CATEGORY/GENERAL USAGE: RA - Rural Areas: agricultural,
forestal, and fishery uses; residential density (0.5 unit/acre); EC, Entrance Corridor Overlay to EC Entrance
Corridor/overlay to protect properties of historic, architectural or cultural significance from visual impacts of
development along routes of tourist access. SECTION: 10.2.2(46) which permits Off-site parking for historic
structures or sites. COMPREHENSIVE PLAN LAND USE/DENSITY: Institutional uses allow for a range of public
uses including schools, universities and public recreational facilities. LOCATION: The proposed parking is located
on the north side of Thomas Jefferson Parkway (Rt 53) across from the existing parking area for the pedestrian
1. The site shall be developed in general accord with the plan entitled “Concept Plan-Thomas Jefferson
Parkway Parking” including the “Existing Conditions & Demolition Plan”, prepared by Rieley & Associates,
revised April 2006;
2. The parking area shall be limited to fifty (50) spaces;
3. The parking area shall not be expanded without prior approval of a new special use permit;
4. No lighting shall be permitted in the parking area;
5. The parking area shall be closed and access restricted while the park is closed by Thomas Jefferson
Parkway staff. The parking area shall be opened at dawn and closed at dusk;
6. The applicants shall secure VDOT approval of the entrance from Route 20, prior to the issuance of a
zoning compliance clearance for use of the site;
7. Approval by the Architectural Review Board of final plans is required and supplemental plantings may be
required to screen the parking lot from Route 20 and Route 53; and
8. Directional signage shall be provided (to identify the new parking lot), at both the existing trailhead parking
lot and the proposed parking lot, prior to the issuance of a zoning compliance clearance for the new parking
lot.
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ATTACHMENT 6
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ATTACHMENT 7
PROFFER FORM
Date: May 24, 2006
ZMA # 2006-004
Tax Map and Parcel Number(s) 57-29B
4.01 Acres to be rezoned from LI to LI
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent,
hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These
conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise
to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning request.
(1) Permitted uses of the property, and/or uses authorized by special use permit, shall include only the following
sections of Albemarle County Zoning Ordinance in effect on May 24, 2006; a copy of the sections being attached
hereto:
27.2.1.2 Fire and rescue squad stations (reference 5.1.9).
27.2.1.9 Contractor's office and equipment storage yard.
27.2.1.11 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 10 of the Code of Albemarle and all other
applicable law. (Amended 5/12/93)
27.2.1.12 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). (Amended 11/1/89)
27.2.1.17 Warehouse facilities and wholesale businesses not involving storage of gasoline, kerosene or other
volatile materials; dynamite blasting caps and other explosives; pesticides and poisons; and other materials which
could be hazardous to life in the event of accident. (Added 12/2/87)
(2) Not withstanding Proffer #1, on and after October 1, 2016 the following uses shall not be permitted:
27.2.1.9 Contractor's office and equipment storage yard.
27.2.1.17 Warehouse facilities and wholesale businesses not involving storage of gasoline, kerosene or other
volatile materials; dynamite blasting caps and other explosives; pesticides and poisons; and other materials which
could be hazardous to life in the event of accident. (Added 12/2/87)
Signatures of All Owners Printed Names of All Owners Date
Gary W. Fern, PE ___ _May 24, 2006_
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ATTACHMENT 8
ORDINANCE NO. 06-18(1)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE V, VIOLATION AND PENALTY, 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 V, Violation and Penalty, is hereby amended and reordained as follows:
By Amending:
Sec. 37.2 Civil penalty
Chapter 18. Zoning
Article V. Violation and Penalty
Sec. 37.2 Civil penalty.
Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates any
provision of this chapter, or permits any such violation, or fails to comply with any of the
requirements hereof, or who erects any building or structure or uses any building, structure or
land in violation of this chapter or any site plan or other detailed statement or plan submitted by
him and approved under the provisions of this chapter, shall be subject to the following:
A. Any violation of this chapter shall be subject to a civil penalty of two hundred dollars
($200.00) for the first violation, and a civil penalty of five hundred dollars ($500.00) for
each subsequent violation arising from the same set of operative facts (Amended 3-16-
05).
B. Each day during which a violation is found to exist shall be a separate offense. However,
the same scheduled violation arising from the same operative set of facts may be charged
not more than once in a ten (10) day period, and the total civil penalties from a series of
such violations arising from the same set of operative facts shall not exceed five thousand
dollars ($5,000.00) (Amended 3-16-05).
C. Any person summoned for a scheduled violation may elect to pay the civil penalty by
making an appearance in person or in writing by mail to the department of finance prior to
the date fixed for trial in court. A person so appearing may enter a waiver of trial, admit
liability, and pay the civil penalty established for the offense charged. A signature to an
admission of liability shall have the same force and effect as a judgment of court.
However, such an admission shall not be deemed a criminal conviction for any purpose.
If a person charged with a violation does not elect to enter a waiver of trial and admit
liability, the violation shall be tried in the general district court in the same manner and
with the same right of appeal as provided by law. A finding of liability shall not be deemed
a criminal conviction for any purpose.
D. A violation enforced under section 37.2 shall be in lieu of any criminal penalty and, except
for any violation resulting in injury to persons, such a designation shall preclude the
prosecution of the particular violation as a criminal misdemeanor, but shall not preclude
any other remedy available under this chapter.
E. Section 37.2 shall not be construed to allow the imposition of civil penalties: (i) for
activities related to land development within the meaning of Virginia Code § 10.1-603.2; or
(ii) for violation of any provision of the zoning ordinance relating to the posting of signs on
public property or public rights-of-way.
15
(Ord. 00-18(5), 6-14-00; Ord. 02-18(3), 2-13-02; Ord. 05-18(3), 3-16-05)
State law reference – Va. Code § 15.2-2209.
I, Diane B. Mullins, Acting Clerk, do hereby certify that the foregoing writing is a true, correct copy
of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of 6
to 0, as recorded below, at a regular meeting held on July 5, 2006.
___________________________________
Acting Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd _X__ ____
Mr. Dorrier _X__ ____
Mr. Rooker _X__ ____
Mr. Slutzky _X__ ____
Ms. Thomas _X__ ____
Mr. Wyant _X__ ____