HomeMy WebLinkAbout20081112actions 1
ACTIONS
Board of Supervisors Meeting of November 12, 2008
November 13, 2008
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 3:32 p.m. by the
Chairman, Mr. Boyd. All BOS members were
present. Also present were Bob Tucker, Larry
Davis, and Meagan Hoy.
2. Work Session: Five Year Financial Plan.
• HELD.
3. Recess.
• At 5:06 p.m., the Board went into closed meeting
to consider appointments to Boards,
Commissions, and Committees, and to consult
with legal counsel and staff regarding specific
legal matters requiring legal advice relating to the
acquisition of property necessary for a
transportation project.
4. Call to Order.
• Meeting was called back to order at 6:00 p.m. by
the Chairman, Mr. Boyd. All BOS members were
present. Also present were Bob Tucker, Larry
Davis, Wayne Cilimberg and Ella Jordan.
• Certified, by a vote of 6:0, the Closed Meeting.
7. From the Board: Matters Not Listed on the Agenda.
• Skipped to the end of the meeting.
8. From the Public: Matters not Listed on the Agenda.
• Jeff Werner, of PEC, provided Board members
with a copy of the Charlottesville Area Buy Fresh
Buy Local holiday food guide. The guide is to
help residents support farms as part of their
holiday shopping.
9.2 Resolution to accept roads in Chestnut Ridge
Subdivision into the State Secondary System of
Highways.
• ADOPTED the attached resolution.
Clerk: Forward resolution and signed AM-4.3
Form to Glenn Brooks. (Attachment 1)
9.3 Fiscal Year 2009 County of Albemarle & State Health
Department Local Government Agreement.
• APPROVED the Fiscal Year 2009 County of
Albemarle & State Health Department Local
Government Agreement and AUTHORIZED the
County Executive to execute the attached
Agreement.
County Executive’s office: Provide Clerk with
copy of fully executed document.
(Attachment 2)
10. Abandonment of public right-of-way – Jefferson
Mill Lane (Route 618).
• DEFERRED to January 7, 2009.
Clerk: Re-advertise and schedule on January
7, 2009 agenda.
11. ZTA-2005-007. Storage yards.
• ADOPTED, by a vote of 6:0, ZTA-2005-007.
Clerk: Forward copy of adopted ordinance to
Community Development and County
Attorney’s office staff. (Attachment 3)
12. STA-2008-001. Rural Areas 2-lot street standard;
single point of access.
• DEFERRED STA-2008-001, by a vote of 6:0, for
additional staff review to include participation by
the public in a roundtable.
• Ms. Mallek said she would serve on the
Community Development: Proceed as
directed.
2
roundtable.
13. ZTA-2006-001. Country Stores.
• ADOPTED, by a vote of 6:0, ZTA-2006-001.
Clerk: Forward copy of adopted ordinance to
Community Development and County
Attorney’s office staff. (Attachment 4)
At 8:41 p.m., the Board recessed, and then
reconvened at 8:50 p.m.
14. CPA 2008-01. Water Supply Planning Update.
• DEFERRED, by a vote of 6:0, CPA-2008-001
until December 3, 2008
Clerk: Reschedule for December 3, 2008
consent agenda.
15. PROJECT: ZMA-2008-04. NGIC Expansion (Sign
#77).
• APPROVED, by a vote of 6:0, ZMA-2008-004
inclusive of proffers dated 10/16/08 and signed
10/21/08.
Clerk: Set out proffers. (Attachment 5)
16. PROJECT: SP-2008-45. NGIC Expansion (Sign
#77).
• APPROVED, by a vote of 6:0, SP-2008-045,
subject to the one condition recommended by the
Planning Commission.
Clerk: Set out condition of approval.
(Attachment 6)
17. PROJECT: SP-2008-46. NGIC Expansion (Sign
#77).
• APPROVED, by a vote of 6:0, SP-2008-046
subject to two conditions recommended by the
Planning Commission.
Clerk: Set out conditions of approval.
(Attachment 6)
18. PROJECT: ZMA-2008-05. Old Trail Village Block 2
(Signs #1,2,22&47).
• APPROVED, by a vote of 6:0, ZMA-2008-005
inclusive of revised proffers dated and signed
October 23, 2008, and revised Table 4 of the
Code of Development dated October 22, 2008.
Clerk: Set out proffers. (Attachment 7)
19. From the Board: Matters Not Listed on the Agenda.
• APPOINTED Fred Huckstep to the Fire
Prevention Board of Appeals, to fill an unexpired
term to expire November 21, 2009.
• REAPPOINTED William (Bill) Daggett and Fred
Missel to the Architectural Review Board, with
said terms to expire on November 14, 2012.
Lindsay Dorrier:
• He, Ms. Mallek and Ms. Thomas attended the
recent VACo Annual meeting. The sessions were
interesting and very productive.
Sally Thomas:
• The next meeting of the SFRR Task Force is
November 13th, 6:00 p.m., in the City Hall
Basement. Mr. Rooker is not available to attend.
If any other Board members wants to attend in
his place, let her know.
• The High Growth Coalition has drafted public
facility impact fee legislation which they do not
believe they will enter into this General Assembly
session unless there is a counter bill proposed.
• It was reiterated at the VACo Conference that
there is no money for transportation. There was a
small work session on sustainable community
investment, a plan by the Administration to
support projects that are similar to the County’s
Neighborhood Model.
Clerk: Prepare appointment/reappointment
letters, update Boards and Commissions
book, webpage, and notify appropriate
persons.
3
Ann Mallek:
• She is a member of the State’s Agricultural
Committee. This is an area where there may be
some money available for biosolids. There are
parts of the State that have heavy reliance by
some farmers on distributions of biosolids from
wastewater plants in Northern Virginia. The
licensing fees that companies pay to the State go
into a pot for localities to pay for inspections. The
distribution companies will pay for inspectors on
the site because they are very interested in
having a place to take their materials. She hopes
that the County can act on this since it is revenue
neutral.
• The State is considering coming back to localities
to take back 30 to 50 percent of localities’
stormwater fees to run their administrative
supervision of the stormwater regulations.
• Asked for additional information on definitions
and stipulations for home occupations,
particularly the use of degreaser compounds.
Ken Boyd:
• Asked the Board to consider initiating the
Comprehensive Plan Amendment for the Yancey
Mills Business Park request that the Commission
did not recommend moving forward.
CONSENSUS of Board to get a report on the
Commission’s action including a status of the
timing of the 2009 Crozet Master Plan revision.
Wayne Cilimberg: Provide update to Board.
17. Adjourn.
• At 10:20 p.m., the meeting was adjourned to
November 25, 2008, 2:00 p.m., Room 241.
ewj/mrh
Attachment 1 – Resolution – Chestnut Ridge Subdivision
Attachment 2 – Health Department Local Government Agreement
Attachment 3 – Ordinance - ZTA-2005-007. Storage yards
Attachment 4 – Ordinance – ZTA-2006-01. Country Stores
Attachment 5 – Proffers - ZMA-2008-04. NGIC Expansion
Attachment 6 – Conditions of Approval
Attachment 7 – Proffers – ZMA-2008-05. Old Trail Village Block 2
4
Attachment 1
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 12th
day of November, 2008, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Chestnut Ridge Subdivision, as described on the attached
Additions Form AM-4.3 dated November 12, 2008, 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 Chestnut Ridge Subdivision,
as described on the attached Additions Form AM-4.3 dated November 12, 2008, 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 AM-4.3 is:
1) Roberts Lane (State Route 1634) from the intersection of Buck Mountain Road (Route
663) to the intersection of Cleopatra Court (Route 1635), as shown on plat recorded in
the office the Clerk of Circuit Court of Albemarle County in Deed Book 3181, pages 225-
246, with a 50-foot right-of-way width, for a length of 0.11 miles.
2) Roberts Lane (State Route 1634) from the intersection of Cleopatra Court (Route 1635)
to the cul-de-sac, as shown on plat recorded in the office the Clerk of Circuit Court of
Albemarle County in Deed Book 3181, pages 225-246, with a 50-foot right-of-way width,
for a length of 0.28 miles.
3) Cleopatra Court (State Route 1635) from the intersection of Roberts Lane (Route 1634)
to the cul-de-sac, as shown on plat recorded in the office the Clerk of Circuit Court of
Albemarle County in Deed Book 3181, pages 225-246, with a 50-foot right-of-way width,
for a length of 0.21 miles.
Total Mileage – .60
5
Attachment 2
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF HEALTH
STATEMENT OF AGREEMENT WITH the Board of Supervisors of the County of Albemarle,
Virginia.
Under this agreement, which is created in satisfaction of the requirements of 32.1-31 of the Code
of Virginia (1950), as amended, the Virginia Department of Health, over the course of one fiscal year, will
pay an amount not to exceed $661,495, from the state general fund to support the cooperative budget in
accordance with appropriations by the General Assembly, and in like time frame, the Board of
Supervisors of Albemarle County will provide by appropriation and in equal quarterly payments a sum
of $806,739 to include $541,223 as local match and $104,818 in support of the Children’s Dental
Program, $29,340 in support of the Food Program, and $131,358 in support of the Jefferson Area CHIP.
These joint funds will be distributed in timely installments, as services are rendered in the operation of the
Charlottesville/Albemarle Health Department, which shall perform public health services to the
Commonwealth as indicated in Attachment A(1.), and will perform services required by local ordinances
as indicated in Attachment A(2.). Payments from the local government are due on the third Monday of
each fiscal quarter.
The term of this agreement begins July 1, 2008. This agreement will be automatically extended
on a state fiscal year to year renewal basis under the terms and conditions of the original agreement
unless written notice of termination is provided by either party. Such written notice shall be given at least
60 days prior to the beginning of the fiscal year in which the termination is to be effective. Any increase or
decrease in funding allocation shall be made by an amendment to this agreement.
The parties agree that:
1. Under this agreement, as set forth in paragraphs A, B, C, and D below, the
Commonwealth of Virginia and the Virginia Department of Health shall be responsible for
providing liability insurance coverage and will provide legal defense for state employees
of the local health department for acts or occurrences arising from performance of
activities conducted pursuant to state statutes and regulations.
A. The responsibility of the Commonwealth and the Virginia Department of Health
to provide liability insurance coverage shall be limited to and governed by the
Self-Insured General Liability Plan for the Commonwealth of Virginia, established
under 2.2-1837 of the Code of Virginia. Such insurance coverage shall extend
to the services specified in Attachments A(1.) and A(2.), unless the locality has
opted to provide coverage for the employee under the Public Officials Liability
Self-Insurance Plan, established under 2.2-1839 of the Code or under a policy
procured by the locality.
B. The Commonwealth and the Virginia Department of Health will be responsible for
providing legal defense for those acts or occurrences arising from the
performance of those services listed in Attachment A(1.), conducted in the
performance of this contract, as provided for under the Code of Virginia and as
provided for under the terms and conditions of the Self-Insured General Liability
Plan for the Commonwealth of Virginia.
C. Services listed in Attachment A(2.), any services performed pursuant to a local
ordinance, and any services authorized solely by Title 15.2 of the Code of
Virginia, when performed by a state employee, are herewith expressly excepted
from any requirements of legal defense or representation by the Attorney
General or the Commonwealth. For purposes of assuring the eligibility of a state
employee performing such services for liability coverage under the Self-Insured
General Liability Plan of the Commonwealth of Virginia, the Attorney General has
approved, pursuant to 2.2-507 of the Code of Virginia and the Self-Insured
6
General Liability Plan of the Commonwealth of Virginia, the legal representation
of said employee by the city or county attorney, and the Board of Supervisors
of Albemarle County hereby expressly agrees to provide the legal defense or
representation at its sole expense in such cases by its local attorney.
D. In no event shall the Commonwealth or the Virginia Department of Health be
responsible for providing legal defense or insurance coverage for local
government employees.
2. Title to equipment purchased with funds appropriated by the local government and
transferred to the state, either as match for state dollars or as a purchase under
appropriated funds expressly allocated to support the activities of the local health
department, will be retained by the Commonwealth and will be entered into the Virginia
Fixed Asset Accounting and Control System. Local appropriations for equipment to be
locally owned and controlled should not be remitted to the Commonwealth, and the local
government's procurement procedures shall apply in the purchase. The locality assumes
the responsibility to maintain the equipment and all records thereon.
3. Amendments to or modifications of this contract must be agreed to in writing and signed
by both parties.
_____________________________
State Health Commissioner Local authorizing officer signature
Virginia Department of Health
______________________________
Authorizing officer printed name
______________________________
Authorizing officer title
____________________________ ______________________________
Date Date
7
Attachment 3
ORDINANCE NO. 08-18(6)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, 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 Regulations, and Article III, District Regulations, are hereby amended and
reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 24.2.1 By right
Sec. 24.2.2 By special use permit
Sec. 25.2.1 By right
Sec. 25.2.2 By special use permit
Sec. 25A.2.1 By right
Sec. 25A.2.2 By special use permit
Sec. 27.2.1 By right
Sec. 27.2.2 By special use permit
Sec. 28.2.1 By right
Sec. 28.2.2 By special use permit
Chapter 18. Zoning
Article I. General Regulations
Sec. 3.1 Definitions
Heavy equipment. Equipment that requires an oversize/overweight permit from the Virginia Department
of Motor Vehicles to be transported over public highways.
Heavy equipment and heavy vehicle parking and storage yard: An area used for parking, storing and/or
maintaining heavy equipment and heavy vehicles used off-site in the trade, business or other commercial
or industrial activity of the owner or occupant (collectively, the “off-site activity”), and which may include
storing and maintaining heavy equipment and heavy vehicles within buildings or structures and storing
explosives, including blasting caps, that are used in the off-site activity, and kerosene and other volatile
materials in volumes that are reasonably necessary to maintain equipment and vehicles; but which use
does not include storing nuclear products, by-products or wastes.
Heavy vehicles. Vehicles that have more than five (5) axles or haul heavy equipment. For the purposes
of this definition, the axles of tractor trucks and their trailers shall be counted as though they are a single
vehicle.
Storage yard: An area used for parking, storing and/or maintaining equipment, vehicles and materials
used off-site in the trade, business or other commercial or industrial activity of the owner or occupant, and
which may include storing and maintaining equipment, vehicles and materials within buildings or
structures; but which use does not include parking, storing and/or maintaining heavy equipment and
heavy vehicles, storing explosives, including blasting caps, storing nuclear products, by-products or
wastes, or storing kerosene or other volatile materials except that which is reasonably necessary to
maintain equipment and vehicles.
Article III. District Regulations
Sec. 24.2.1 By right
The following uses shall be permitted in any HC district subject to the requirements and limitations of
these regulations. The zoning administrator, after consultation with the director of planning and other
8
appropriate officials, may permit, as a use by right, a use not specifically permitted; provided that such
use shall be similar to uses permitted by right in general character, and more specifically, similar in terms
of locational requirements, operational characteristics, visual impact and traffic generation. Appeals from
the zoning administrator's decision shall be as generally provided in section 34.
46. Storage yards.
Sec. 24.2.2 By special use permit
The following uses shall be permitted by special use permit in the HC district:
Sec. 25.2.1 By right
The following uses shall be permitted by right in the PD-SC district:
1. Uses permitted by right in the C-1, CO and HC districts, except for storage yards. Outdoor
storage, sales or display shall be permitted only when enclosed by appropriate visual
screening.
Sec. 25.2.2 By special use permit
The following uses shall be permitted by special use permit in the PD-SC district:
1. Commercial recreational establishment included but not limited to amusement centers,
bowling alleys, pool halls and dance halls. (Amended 1-1-83)
2. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-
wave and radio-wave transmission and relay towers, substations and appurtenances
(reference 5.1.12).
3. Parking structures located wholly or partly above grade. (Added 11-7-84)
4. Drive-in windows serving or associated with permitted uses. (Added 11-7-84; Amended 9-9-
92)
5. Veterinary office and hospital (reference 5.1.11). (Added 11- 15-89)
6. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
7. Storage yards.
(§ 20-25.2.2, 12-10-80; 1-1-83; 11-7-84; 11-15-89; 9-9-92; Ord. 04-18(2), 10-13-04)
Sec. 25A.2.1 By right
The following uses shall be permitted by right in the PD-MC district:
1. Uses permitted by right in the C-1, CO and HC districts, except for storage yards. Outdoor
storage, sales or display shall be permitted only when enclosed by appropriate visual
screening.
. . .
Sec. 25A.2.2 By special use permit
The following uses shall be permitted by special use permit in the PD-MC district:
1. Uses permitted by special use permit in the C-1, CO and HC districts.
9
2. Outdoor amphitheater (reference 5.1.37). (Added 10-9-96)
3. Storage yards.
Sec. 27.2.1 By right
Except as otherwise limited by section 27.2.2.10, the following uses shall be permitted by right in the LI
district: (Amended 2-13-85)
9. Storage yards.
Sec. 27.2.2 By special use permit
The following uses shall be permitted by special use permit in the LI district:
18. Heavy equipment and heavy vehicle parking and storage yards.
Sec. 28.2.1 By right
Except as otherwise limited by section 28.2.2.14, the following uses shall be permitted by right in the HI
district: (Amended 2-13-85)
19. Storage yard.
26. Heavy equipment and heavy vehicle parking and storage yards.
Sec. 28.2.2 By special use permit
The following uses shall be permitted by special use permit in the HI district:
10
Attachment 4
ORDINANCE NO. 08-18(7)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE
II, BASIC REGULATIONS, 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, are
hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 6.4 Nonconforming lots
Sec. 10.2.1 By right
Sec. 10.2.2 By special use permit
Sec. 10.4 Area and bulk regulations
By Adding:
Sec. 5.1.45 Country stores
Chapter 18. Zoning
Article 1. General Provisions
Sec. 3.1 Definitions
Country Store: A store whose primary use is to offer for sale a wide variety of retail merchandise.
Country Store, Class A: A country store located in a historic country store building, and which may include
accessory uses including those expressly authorized in section 5.1.45.
Country Store, Class B: A country store located in a non-historic country store building, and which may
include accessory uses including those expressly authorized in section 5.1.45.
Country Store Building, Historic: A building whose primary use at any time on or prior to January 1, 1965
was a country store.
Country Store Building, Non-Historic: A building constructed after January 1, 1965 whose primary use at
any time after that date was a country store.
Article 2. Basic Regulations
Sec. 5.1.45 Country stores
Each country store, Classes A and B, shall be subject to the following, as applicable:
a. Country store, Class A. Each country store, Class A, shall be subject to the following:
1. Primary use. At least fifty-one percent (51%) of the gross floor area of a historic country
store building shall be used as a country store, including accessory food sales and
interior seating for accessory food sales as provided in section 5.1.45(a)(2)(a).
2. Accessory uses. The following uses are permitted as accessory uses:
a. Accessory food sales. Accessory food sales, which may include, but are not
limited to, luncheonettes, snack bars, refreshment stands and other restaurant
uses. Interior seating for luncheonettes, snack bars, refreshment stands and
11
other restaurant uses shall not exceed twenty percent (20%) of the total gross
floor area of the country store use. An additional twenty percent (20%) of the
total gross floor area of the country store use shall be allowed as exterior seating.
b. Single family dwelling and offices. Up to forty-nine percent (49%) of the gross
floor area of an historic country store building may be used for one single family
dwelling and/or one or more offices.
3. Exemptions. Country stores, Class A shall be exempt from sections 4.1.2, 4.1.3, 4.12.6,
4.12.13, 4.12.14, 4.12.15, 4.12.16(a) and (b), 4.12.17, 4.12.18, 4.12.19, 6.3 (B), (F) and
(G), 6.4(D), 32.7.2.7, 32.7.2.8, and 32.7.9.
4. Building size. An historic country store building shall not exceed the gross floor area of
the building as it existed on November 12, 2008 or four thousand (4,000) square feet
gross floor area, whichever is greater.
5. Front yard setback. The following minimum front yard setback shall apply:
a. Building satisfies minimum front yard setback. If, on November 12, 2008, a
historic country store building satisfies the minimum front yard setback set forth
in section 10.4, then that setback shall apply.
b. Building does not satisfy minimum front yard setback. If, on November 12, 2008,
a historic country store building does not satisfy the minimum front yard setback
set forth in section 10.4, the minimum front yard setback shall be the distance
between the building and the street, road or access easement on November 12,
2008 and that distance shall not be thereafter reduced. An enlargement or
extension of the building shall: (i) be no closer to a right-of-way than the existing
structure or footprint; (ii) be set back from the street, road or access easement
the minimum distance required by the Virginia Department of Transportation to
provide sight distance; and (iii) comply with the rear and side yard setback
requirements, unless they can be reduced pursuant to section 4.11 of this
chapter.
6. Entrances. No existing entrance for a new use shall be used until the Virginia
Department of Transportation approves the entrance to the site. Except for those
changes to the entrance required to meet applicable design standards, provide adequate
sight distance and safe and convenient access as determined by the county engineer,
each existing entrance shall retain its existing site character as determined by the director
of planning.
7. Sewage disposal systems. Notwithstanding any other provision of this chapter, if an on-
site conventional sewage disposal system cannot be approved:
a. Off-site conventional sewage disposal system. The zoning administrator may
approve a conventional sewage disposal system to serve a country store and its
accessory uses that is located on an abutting lot, provided that the owner obtains
from the owner of the abutting lot an easement and the deed of easement is in a
form acceptable to the county attorney that provides perpetual access to the
sewage disposal system to allow its installation and maintenance.
b. On-site nonconventional sewage disposal. The zoning administrator may
authorize an on-site nonconventional sewage disposal system if the applicant
demonstrates to the satisfaction of the zoning administrator that: (i) a
conventional sewage disposal system cannot be provided on-site for the country
store use only; (ii) the lot on which the country store use is located cannot be
enlarged by boundary line adjustment or subdivision; (iii) a conventional sewage
disposal system cannot be located on any abutting lot owned by the applicant
because of a physical condition or limitation of that lot including, but not limited
12
to, topography, soil conditions, or existing improvements on the abutting lot
(hereinafter, a “physical condition or limitation”; (iv) a conventional sewage
disposal system cannot be located on any abutting lot that is under different
ownership than the lot on which the country store is located because of either a
physical condition or limitation or the owner’s refusal to grant an easement; and
(v) the Virginia Department of Health approves the nonconventional sewage
disposal system. In authorizing a nonconventional sewage disposal system, the
zoning administrator shall require that the applicant maintain the system as
recommended by the Virginia Department of Health or as required by law.
c. Systems defined. For the purposes of this subsection, a “conventional sewage
disposal system” means a sewage disposal system regulated and authorized by
the Virginia Department of Health that uses a subsurface soil absorption system;
a “nonconventional sewage disposal system” means a sewage disposal system
regulated and authorized by the Virginia Department of Health that does not use
a subsurface soil absorption system including, but not limited to, a Type III
system regulated under 12 VAC 5-610-250(C).
b. Country store, Class B. Each country store, Class B, shall be subject to the following:
1. Primary use. At least fifty-one percent (51%) of the gross floor area of a non-historic
country store building shall be used as a country store, including accessory food sales
and interior seating for accessory food sales as provided in section 5.1.45(b)(2)(a).
2. Accessory uses. The following uses are permitted as accessory uses:
a. Accessory food sales. Accessory food sales, which may include, but are not
limited to, luncheonettes, snack bars, refreshment stands and other restaurant
uses. Interior seating for luncheonettes, snack bars, refreshment stands and
other restaurant uses shall not exceed twenty percent (20%) of the total gross
floor area of the country store use. An additional twenty percent (20%) of the
total gross floor area of the country store use shall be allowed as exterior seating.
b. Single family dwelling and offices. Up to forty-nine percent (49%) of the gross
floor area of the non-historic country store building may be used for one single
family dwelling and/or one or more offices.
3. Exemptions. Country stores, Class B, shall be exempt from section 32.7.2.8.
4. Building size. A non-historic country store building shall not exceed the gross floor area
of the building as it existed on November 12, 2008 or four thousand (4,000) square feet
gross floor area, whichever is greater.
5. Front yard setback. The following minimum front yard setback shall apply:
a. Existing building satisfies minimum front yard setback. If, on November 12,
2008, an existing non-historic country store building satisfies the minimum front
yard setback set forth in section 10.4, then that setback shall apply.
b. Existing building does not satisfy minimum front yard setback. If, on November
12, 2008, an existing non-historic country store building does not satisfy the
minimum front yard setback set forth in section 10.4, the minimum front yard
setback shall be the minimum required by the Virginia Department of
Transportation to provide sight distance.
c. New building. Each non-historic country store building established on and after
November 12, 2008 shall comply with the minimum front yard set forth in section
10.4.
13
6. Entrances. No existing entrance for a new use shall be used until the Virginia
Department of Transportation approves the entrance to the site. Except for those
changes to the entrance required to meet applicable design standards, provide adequate
sight distance and safe and convenient access as determined by the county engineer,
each existing entrance shall retain its existing site character as determined by the director
of planning.
c. Sale of gasoline and other fuels. If a special use permit is granted for the sale of gasoline and
other fuels, the sale of gasoline from dispensers shall be limited to one multiple product dispenser
or one dispenser containing no more than six nozzles, not including nozzles for diesel fuel.
d. Pre-existing country stores. Any country store existing before and continuing on and after
November 12, 2008 that was authorized by a special use permit or a conditional use permit (the
“permit”) granted by the board of supervisors shall be subject to the following:
1. Country store, Class A. If the country store qualifies as a country store, Class A, the
permit and its conditions shall be of no further force or effect. If the permit or a
modification, waiver, variation, or a variance granted prior to November 12, 2008
authorizes what would otherwise be allowed only by a modification or waiver of the
requirements of section 5.1.45, the country store, Class A and/or the historic country
store building as approved shall be deemed to comply with section 5.1.45.
2, Country store, Class B. If the country store qualifies as a country store, Class B, the
permit and its conditions shall apply or not apply as follows: (i) if the permit has a
condition that is more restrictive than the applicable regulations in section 5.1.45, the
applicable regulations in section 5.1.45 shall apply; and (ii) if the permit or a modification,
waiver, variation, or a variance granted prior to November 12, 2008 authorizes what
would otherwise be allowed only by a modification or waiver of the requirements of
section 5.1.45 granted under section 5.1, the country store, Class B and/or the non-
historic country store building as approved, shall be deemed to comply with section
5.1.45.
3. Gasoline fuel dispensers. Gasoline fuel dispensers established prior to November 12,
2008 may qualify as a nonconforming use under section 6.2.
e. Continuation of accessory uses. Notwithstanding any other provision of this chapter, if a country
store, Class A or Class B, use discontinues, an accessory use authorized by sections 5.1.45(a)(2)
or 5.1.45(b)(2) may continue for up to two (2) years thereafter even though a country store, Class
A or Class B use is not reestablished during that period.
f. Canopies. Canopies over gasoline fuel dispensers shall be subject to the following:
1. Canopies existing on November 12, 2008. Canopies existing on November 12, 2008 are
permitted, provided that the location, height, size, area, or bulk of a canopy existing on
November 12, 2008 shall not be thereafter changed, enlarged or extended, and further
provided that the height, size, area or bulk of a canopy may be reduced.
2. Canopies established after November 12, 2008. No canopy may be established at a
country store, Class A, after November 12, 2008. A canopy may be established at a
country store, Class B, after November 12, 2008 as authorized by a special use permit
for a country store, Class B, under section 10.2.2(22)
Sec. 6.4 Nonconforming lots.
A nonconforming lot may continue, subject to the provisions, conditions and prohibitions set forth
herein.
A. Physical changes to a nonconforming lot. A nonconforming lot may be changed as
follows:
14
1. Area or width. The area or width, or both, of a nonconforming lot may be
increased to make the lot less nonconforming.
2. Boundary line adjustments. The boundary of a nonconforming lot may be
adjusted provided that one lot sharing the boundary to be adjusted is a conforming lot and the boundary
line adjustment does not make the conforming lot nonconforming or the nonconforming lot more
nonconforming.
3. Public dedication or eminent domain. The area of a nonconforming lot may be
reduced by dedication for a public purpose or by the exercise of eminent domain.
B. Uses allowed on a nonconforming lot. A nonconforming lot may be used as though it
satisfies the zoning regulation that makes it nonconforming, provided that:
1. The use is either a nonconforming use or is a use that complies with the zoning
regulations applicable to the district in which the lot is located; and
2. The zoning administrator determines that the lot may be occupied consistently
with the public health, safety and general welfare.
C. Division, combination, or adjustment of boundary line of nonconforming lot authorized. A
nonconforming lot may be divided, combined with any other lot, or have one or more of its boundary lines
adjusted, provided:
1. The resulting lot or lots comply with the requirements applicable to the district in
which the lot is located and all other applicable requirements of the Albemarle County Code;
2. In the opinion of the zoning administrator, the resulting lot or lots more
substantially conform to the requirements of section 4.0 (general regulations) of this chapter and the area
and bulk regulations applicable to the district in which the lot is located, and comply with all other
applicable requirements of the Albemarle County Code; or
3. The resulting lot or lots serve a country store, Class A or B, and the division,
combination or boundary line adjustment is required to allow the use to meet the requirements of the
Virginia Department of Health and the location of all structures on the resulting lot or lots will not become
nonconforming or more nonconforming, and the size of the resulting lot or lots will not become more
nonconforming.
D. Setbacks applicable to a nonconforming lot. The current front, rear and side yard
minimum setbacks applicable to the district in which the lot is located shall apply to a nonconforming lot;
provided, that if any such setback is thereafter reduced as a result of an amendment to the setbacks
applicable to the district in which the lot is located, and in effect when an existing structure is extended or
enlarged, then that reduced setback shall apply.
E. Effect of change of ownership. A change of the ownership or occupancy of a
nonconforming lot shall not affect the status of the nonconforming lot.
(§§ 6.1.1, 6.1.2, 6.5.1, 6.5.2, 6.5.4, 12-10-80, 4-15-81, 9-21-88, 6-14-89, 9-9-92; Ord. 00-18(4),
6-14-00)
State law reference – Va. Code § 15.2-2307.
Article 3. District Regulations
Sec. 10.2.1 By right
15
The following uses shall be permitted in any RA district subject to the requirements and limitations of
these regulations:
24. Country store, Class A (reference 5.1.45).
Sec. 10.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board of supervisors
pursuant to section 31.2.4: (Added 10-9-02)
22. Country store, Class B (reference 5.1.45).
52. Sale of gasoline and other fuels in conjunction with a country store, Class A or Class B
(reference 5.1.45).
Sec. 10.4 Area and bulk regulations
Area and bulk regulations within the RA, rural areas, zoning district are as follows:
REQUIREMENTS DIVISIONS BY
RIGHT
(Amended 8-14-85)
DIVISIONS BY SPECIAL USE
PERMIT
(Amended 8-14-85)
Gross density 0.5 du/ac 0.5 du/ac
Minimum lot size 2.0 acres 2.0 acres
Minimum frontage
existing public
roads
250 feet
250 feet
Minimum frontage
internal public
or private roads
150 feet
150 feet
Yards, minimum:
Front (existing public roads)
Front (internal public or
private road)(Amended 11-13-
91)
Side
Rear
75 feet
25 feet
25 feet
35 feet
75 feet
25 feet
25 feet
35 feet
Maximum structure height 35 feet 35 feet
16
Attachment 5
17
18
19
Attachment 6
CONDITIONS OF APPROVAL
PROJECT: SP-2008-45. NGIC Expansion (Sign #77).
1. A maximum number of one hundred twenty (120) apartment units shall be permitted.
__________
PROJECT: SP-2008-46. NGIC Expansion (Sign #77).
1. Future research, development/laboratory tenants will be subject to approval of a certified
engineer’s report prior to final site plan approval or occupancy, depending on timing, and
2. If any discharge of other than domestic wastes into the public sewer system is expected, the
Albemarle County Service Authority (ACSA) shall be so notified prior to site plan approval.
20
Attachment 7