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ACTIONS
Board of Supervisors Meeting of July 9, 2008
July 10, 2008
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 6:05 p.m., in the
Lane Auditorium, by the Chairman, Mr. Boyd. All
BOS members were present. Also present were
Bob Tucker, Larry Davis, Wayne Cilimberg and
Ella Jordan.
4. From the Board: Matters Not Listed on the Agenda.
Ann Mallek:
• There was a great meeting held last night
regarding the Advance Mills Bridge.
5. From the Public: Matters not Listed on the Agenda.
• There were none.
7. PROJECT: ZTA-2008-001. Athletic field lighting.
• ADOPTED Ordinance No. 08-18(5), by a vote of
6:0.
Clerk: Forward copy of adopted ordinance to
Community Development, Parks and
Recreation and County Attorney’s office.
(Attachment 1)
8.
9.
10.
PROJECT: AFD-2008-001. Carters Bridge
Agricultural and Forestal District.
PROJECT: AFD-2008-002. Lanark Agricultural and
Forestal District.
PROJECT: AFD-2008-003. Panorama Agricultural
and Forestal District.
• ADOPTED Ordinance No. 08-3(1), by a vote of
6:0.
Clerk: Forward copy of adopted ordinance to
Community Development and County
Attorney’s office. (Attachment 2)
11a. Work Session: Land Use Taxation Program –
Option 2.
• Took no action to change the Land Use Taxation
Program.
11b. Work Session: Revalidation Program.
• Moved, 6:0, to proceed with a Revalidation
Program.
Clerk: Schedule on agenda for work session
when ready to come back to Board.
12. From the Board: Matters Not Listed on the Agenda.
• APPOINTED Margaret Echols to the Pantops
Community Advisory Council.
• APPOINTED Steve Ashby to the Community
Mobility Committee, with said term to expire
January 12, 2009.
• At 7:42 p.m., the Board went into closed meeting
to consider appointments to boards, committees
and commissions.
• The Board reconvened into open session at 8:15
p.m., and certified the closed meeting.
• APPOINTED Dennis Rooker as the Board of
Supervisors’ representative, and Ken Boyd as the
alternate, to the South Fork Rivanna Reservoir
Maintenance Task Force.
Clerk: Prepare appointment/reappointment
letters, update Boards and Commissions
book, webpage, and notify appropriate
persons.
Clerk: Notify Tom Frederick of appointment.
13. Adjourn to July 23, 2008, 6:30 p.m.
• At 8:17 p.m., the meeting was adjourned to July
23, 2008, 6:30 p.m., Lane Auditorium.
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Attachment 1 – ZTA-2008-001 - Ordinance #08-18(5)
Attachment 2 – Ordinance #08-3(1)
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Attachment 1
ORDINANCE NO. 08-18(5)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC 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, is hereby amended and reordained as follows:
By Amending:
Sec. 4.10.3.2 Exceptions – limited
Sec. 4.17.5 Modification or waiver
Chapter 18. Zoning
Article II. Basic Regulations
Sec. 4.10.3.2 Exceptions -- limited
The following structures are excepted from the height limitations in the applicable zoning districts:
a. Towers, gables, penthouses, scenery lofts, cupolas, similar structures and necessary
mechanical appurtenances may be erected on a building to a height twenty (20) percent greater than the
limit established for the district in which the building is located, provided that no such exception shall be
used for sleeping or housekeeping purposes or for any commercial or industrial purpose; and provided
further that access by the general public to any such area shall be expressly prohibited.
b. Poles that support outdoor luminaires for lighting athletic facilities, subject to approval of
a modification by the commission as provided in section 4.17.5(a)(3).
Sec. 4.17.5 Modification or waiver
Modifications and waivers may be granted in an individual case as provided herein: (Amended
10-17-01)
a. The commission may modify or waive any standard set forth in section 4.17.4(a) under
subsections 4.17.5(a)(1) and (2), and may modify the maximum height of poles supporting outdoor
luminaires lighting athletic facilities under subsection 4.17.5(a)(3), in the following circumstances:
(Amended 10-17-01)
1. Upon finding that strict application of the standard would not forward the
purposes of this chapter or otherwise serve the public health, safety or welfare, or that alternatives
proposed by the owner would satisfy the purposes of these outdoor lighting regulations at least to an
equivalent degree.
2. Upon finding that an outdoor luminaire, or system of outdoor luminaires, required
for an athletic facility cannot reasonably comply with the standard and provide sufficient illumination of the
facility for its safe use, as determined by recommended practices adopted by the Illuminating Engineering
Society of North America for that type of facility and activity or other evidence if a recommended practice
is not applicable. (Amended 10-17-01)
3. Upon finding that the maximum permitted height of a pole supporting an outdoor
luminaire lighting an athletic facility under the applicable district regulations would prevent the luminaire
from providing sufficient illumination of the facility for its safe use, as determined by the recommended
practices adopted by the Illuminating Engineering Society of North America for that type of facility and
activity or other evidence if a recommended practice is not applicable.
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b. Prior to considering a request to modify or waive, five (5) days’ written notice shall be
provided to the owner, owner’s agent or occupant of each abutting lot or parcel and each parcel
immediately across the street or road from the lot or parcel which is the subject of the request. The
written notice shall identify the nature of the request and the date and time the commission will consider
the request.
c. The commission may impose conditions on such a modification or waiver which it deems
appropriate to further the purposes of these outdoor lighting regulations.
d. The board of supervisors shall consider a modification or waiver of this section only as
follows:
1. The denial of a modification or waiver, or the approval of a modification or waiver
with conditions objectionable to the developer may be appealed to the board of supervisors as an appeal
of a denial of the plat, as provided in section 14-226 of the Code, or the site plan, as provided in sections
32.4.2.7 or 32.4.3.9, to which the modification or waiver pertains. A modification or waiver considered by
the commission in conjunction with an application for a special use permit shall be subject to review by
the board of supervisors.
2. In considering a modification or waiver, the board may grant or deny the
modification or waiver based upon the finding set forth in subsection (a), amend any condition imposed by
the commission, and impose any conditions it deems necessary for the reasons set forth in subsection
(a). Otherwise, neither the grant nor denial of a modification or waiver may be appealed to the board.
(Amended 10-17-01)
(Ord. 98-18(1), 8-12-98; Ord. 01-18(4), 5-9-01; Ord. 01-18(8), 10-17-01)
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Attachment 2
ORDINANCE NO. 08-3(1)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 3, AGRICULTURAL AND FORESTAL
DISTRICTS, ARTICLE II, DISTRICTS OF STATEW IDE SIGNIFICANCE, 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 3,
Agricultural and Forestal Districts, Article II, Districts of Statewide Significance, is hereby amended
and reordained as follows:
By Amending:
Sec. 3-210 Carter’s Bridge Agricultural and Forestal District
Sec. 3-221 Lanark Agricultural and Forestal District
Sec. 3-224 Panorama Agricultural and Forestal District
Chapter 3. Agricultural and Forestal Districts
Article II. Districts of Statewide Significance
Division 2. Districts
Sec. 3-210 Carter's Bridge Agricultural and Forestal District.
The district known as the "Carter's Bridge Agricultural and Forestal District" consists of the
following described properties: Tax map 101, parcels 55A, 60; tax map 102, parcels 17A, 17B,
17B1, 17D, 18, 19, 19A, 19C, 20B; tax map 111, parcel 48; tax map 112, parcels 3, 15, 15A, 16E,
16E1, 16E2, 16F2, 18H, 19E, 19F, 20, 21, 33A, 37D; tax map 113, parcels 1, 1A, 6A, 11A, 11F,
11F1, 11F2, 11F3, 11G, 11G1, 11G2, 11H, 11I, 11J, 11K; tax map 114, parcels 25A, 30, 31B, 31C,
31D, 51, 55, 56, 67C, 67D, 67E, 67F, 67G, 67H, 68, 69, 70; tax map 115, parcel 10; tax map 122,
parcels 4, 4A, 6, 7, 8, 9, 10, 12, 12N, 33, 33A, 36; tax map 124, parcel 11. This district, created on
April 20, 1988 for not more than ten years and last reviewed on July 9, 2008, shall next be reviewed
prior to July 9, 2018.
(Code 1988, § 2.1-4(j); Ord. 98-A(1), 8-5-98; Ord. 98-3(1), 9-9-98; Ord. 99-3(2), 2-10-99; Ord. 99-
3(4), 5-12-99; Ord. 08-3(1), 7-9-08)
Sec. 3-221 Lanark Agricultural and Forestal District.
The district known as the "Lanark Agricultural and Forestal District" consists of the following
described properties: Tax map 90, parcels 12, 14A; tax map 90B, parcel A-11; tax map 91, parcels
21, 21A, 21B, 31; tax map 92, parcels 64, 64A; tax map 102, parcels 33, 35, 35A, 35B, 35C, 37, 40,
40B, 40C; tax map 103, parcels 1, 1A, 1B, 1C, 1D, 1E, 1F, 1G, 1H, 1J, 1K, 1L, 1M, 2A, 3, 3A, 3B,
3C, 3G, 5, 9, 9A, 9B, 9C, 9D, 9E, 9F, 10A, 10B, 10D, 43, 43L, 43L1, 43M, 68 (part). This district,
created on April 20, 1988 for not more than 10 years and last reviewed on July 9, 2008, shall next be
reviewed prior to July 9, 2018.
(Code 1988, § 2.1-4(k); Ord. 98-A(1), 8-5-98; Ord. 98-3(1), 9-9-98; Ord. 99-3(2), 2-10-99; Ord. 99-
3(5), 10-6-99; Ord. 08-3(1), 7-9-08)
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Sec. 3-224 Panorama Agricultural and Forestal District.
The district known as the "Panorama Agricultural and Forestal District" consists of the
following described properties: Tax map 31, parcel 21E; tax map 44, parcels 9A, 9C, 12, 12Q, 12X,
12Y, 12Z; tax map 45A, section 1, parcel 27. This district, created on April 20, 1988 for not more
than 10 years and last reviewed on July 9, 2008, shall next be reviewed prior to July 9, 2018.
(6-14-95; Code 1988, § 2.1-4(l); Ord. 98-A(1), 8-5-98; Ord. 98-3(1), 9-9-98; Ord. 99-3(3), 3-17-99;
Ord. 08-3(1), 7-9-08)