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ACTIONS
Board of Supervisors Meeting of December 9, 2009
December 10, 2009
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 6:04 p.m. by the
Chairman, Mr. Slutzky. All BOS members were
present. Also present were Bob Tucker, Larry
Davis, and Ella Jordan.
4. From the Board: Matters Not Listed on the Agenda.
Sally Thomas:
• Provided update on RWSA and Meadow Creek
Interceptor. City Council allowed their right-of-
way to be used for the interceptor. Dominion
Power is currently a holdout. There will be a
meeting next week, and hopefully it will be
approved and move forward.
Ann Mallek:
• Provided update on the Piedmont Workforce
Network. She also serves on the One Stop
Committee. The One Stop Committee has
received some updates on operations; the
Goodwill Industries is manager of the One Stop.
The different agencies are working well together
and trying to achieve a functional unity to benefit
the people who come there in need of services.
Also, announced the joint hiring at the TJPED
and Workforce of Mary Ann Hussar who will be
running the executive pulse part of the business
outreach.
Dennis Rooker:
• Moved the appointment of Mr. Russell (Mac)
Lafferty as the Jack Jouett District
representative on the Planning Commission,
with said term to expire December 31, 2013.
Motion passed by a vote of 6:0.
• Stated that Bill Edgerton, who served on the
Planning Commission for eight years, decided
he did not wish to seek reappointment.
Thanked Mr. Edgerton for his service.
5. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
• Marcia Joseph, Laura Dollard, Jack Marshall,
Jerry Ray, Mary Joy Scala and Sara Lee Barnes
thanked Ms. Thomas for her service on the
Board and to the County.
• Board members thanked Marcia Joseph for her
service as the at-large representative on the
Planning Commission.
6.2 Resolution to approve amendment of Personnel
Policy P-61, Overtime/Compensatory Time.
• ADOPTED, by a vote of 6:0, the attached
Resolution which will approve changes to
Personnel Policy P-61.
Clerk: Forward copy of signed resolution to
Kimberly Suyes and County Attorney’s office.
(Attachment 1)
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6.3 Authorize County Executive to execute a License
Agreement for a private driveway within the
County’s undeveloped Sun Ridge Road public right-
of-way.
• AUTHORIZED, by a vote of 6:0, the County
Executive to execute a license agreement,
approved as to content and form by the County
Attorney.
County Attorney’s office: Proceed as
approved. Provide Clerk with copy of fully
executed agreement.
6.4 Resolution Certifying Consistency of Albemarle
County Comprehensive Plan with Virginia Code §
15.2-2223.1.
ADOPTED, by a vote of 6:0, the attached resolution
certifying that the Albemarle County Comprehensive
Plan accommodates growth in a manner consistent
with Virginia Code § 15.2-2223.1.
Clerk: Forward copy of signed resolution to
Mark Graham, Wayne Cilimberg, David Benish
and County Attorney’s office.
(Attachment 2)
6.5 Increase Department of Social Services (DSS) Full-
Time Equivalent (FTE) Employee Authorized
Staffing Level.
• AUTHORIZED, by a vote of 6:0, an increase in
the number of authorized General Fund FTE
Employees in DSS from 98.2 to 100.2.
Human Resources/Social Services: Proceed
as approved.
7. Public Hearing: ZTA-2009-001. Small Wind
Turbines.
• DEFERRED ZTA-2009-001, by a vote of 6:0, to
December 10, 2009.
Clerk: Reschedule for December 10th agenda.
8. Public Hearing: ZMA-2007-002. Timberwood
Commons Phase III (also known as) Hollymead
Town Center TIKI (Sign #110).
• APPROVED ZMA-2007-002, by a vote of 6:0,
inclusive of the proffers dated and signed
November 2, 2009 and the application plan
dated September 23, 2009.
Clerk: Set out proffers.
(Attachment 3)
9. Public Hearing: ZMA-2008-007. ATNA Building
(Signs #15&17).
• APPROVED ZMA-2008-007, by a vote of
5:1(Slutzky), inclusive of proffers dated and
signed November 1, 2009.
Clerk: Set out proffers.
(Attachment 4)
10. Public Hearing: SP-2008-067. ATNA Building
(Signs #15&17).
• APPROVED SP-2008-067, by a vote of
5:1(Slutzky), subject to nine conditions.
• MOTION, by a vote of 6:0, to reconsider
approval of SP-2008-067.
• Motion to REAPPROVE SP-2008-067, by a
vote of 6:0, subject to the previous nine
conditions, with condition #9 modified to read:
“All outdoor lighting shall comply with the
requirements of Zoning Ordinance Section 4.17
- Outdoor Lighting, no later than February 15,
2010”.
Clerk: Set out conditions of approval.
(Attachment 5)
11. Public Hearing: 09-03( ) – Agricultural and
Forestal Districts; AFD 09-54 Kinloch AFD –
District addition.
• ADOPTED, by a vote of 6:0, the attached
ordinance.
Clerk: Forward copy of ordinance to Mark
Graham, Wayne Cilimberg, Eryn Brennan and
County Attorney’s office.
(Attachment 6)
12. From the Board: Matters Not Listed on the Agenda.
David Slutzky:
• Will not be present for the December 10th
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meeting with the legislators. It has been a
privilege for him to serve with this Board.
13. Adjourn to December 10, 2009, Room 241, 12:00
Noon, for Annual Meeting with Legislators.
• At 8:07 p.m., the Board meeting was adjourned
to December 10, 2009.
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Attachment 1– Resolution - Personnel Policy P-61, Overtime/Compensatory Time
Attachment 2 – Resolution Certifying Consistency of Albemarle County Comprehensive Plan with Virginia Code
§ 15.2-2223.1
Attachment 3 – Proffers - ZMA-2007-002. Timberwood Commons Phase III (also known as) Hollymead Town
Center TIKI
Attachment 4 – Proffers - ZMA-2008-007. ATNA Building
Attachment 5 – Conditions of Approval – SP-2008-067. ATNA Building
Attachment 6 – Ordinance - AFD-09-54 Kinloch AFD – District addition
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ATTACHMENT 1
RESOLUTION
WHEREAS, the County of Albemarle Personnel Policy Manual has been adopted by the Board of
Supervisors; and
WHEREAS, the Board of Supervisors finds that an amendment to Personnel Policy P-61/62 is
necessary to modify and reorganize the County’s Overtime and Compensatory Time Policy.
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle County, Virginia,
hereby amends the following section of the County of Albemarle Personnel Policy Manual:
By Amending:
Section P-61/62 OVERTIME/COMPENSATORY TIME POLICY
§P-61 OVERTIME/COMPENSATORY TIME POLICY
I. GENERAL
A. Purpose. This policy establishes the general guidelines and procedures Albemarle County will
follow regarding overtime and compensatory time requirements of the Fair Labor Standards Act
(FLSA) and applicable state law. If any conflict arises between this policy and the FLSA or
state law, the requirements of the FLSA and/or state law will govern.
B. Scope. This policy applies to all County employees.
II. KEY TERMS REGARDING OVERTIME PAY AND COMPENSATORY TIME
A. Fair Labor Standards Act. The FLSA requires all covered employers, including the County, to
comply with its minimum wage and overtime compensation requirements. Public employers
must compensate eligible employees for hours worked in excess of maximum allowable hours
by making monetary payment or granting compensatory time.
B. Exempt Employees. Employees are exempt from the FLSA’s overtime and compensatory time
requirements if they satisfy the criteria for bona fide professional, administrative, or executive
positions. A list of these positions must be approved by the County Executive and maintained
by the Department of Human Resources.
C. Non-exempt Employees. Employees who are subject to the FLSA’s overtime and
compensatory time requirements are considered non-exempt.
D. Public Safety Exemption. The FLSA provides a partial exemption to employees whose
primary duty is law enforcement or fire protection. Employees who qualify for the 207(k) partial
exemption work a 28-day work period.
E. Workweek and Work Period. The County Executive has established the official workweek as
extending from Saturday at 12:01 a.m. to Friday at 12 midnight. Changes to this established
workweek may be adopted by department heads to meet the operational needs of their
department, provided that the revised workweek notice is provided in writing to the employees
and a copy is on file in Human Resources. The work period for law-enforcement and fire
protection employees is a 28-day period. The beginning and ending time for the 28-day work
period under section 207(k) of the Fair Labor Standards Act shall be determined by the
appropriate department head.
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F. Maximum Allowable Hours. Maximum allowable hours for employees are as follows:
Sworn Law-Enforcement Employees 171 hours within the 28-day work period
Fire Protection Employees 212 hours within the 28-day work period
All Other Employees 40 hours within the workweek
G. Hours Worked.
1. General. Non-exempt employees who work more than the maximum allowable hours
in a workweek or work period must receive either overtime pay or compensatory time
for their excess hours worked. Paid or unpaid time off during which the employee is
absent from the service of the County shall not be counted as “hours worked” in
determining if the maximum allowable number of hours has been exceeded. Such
absences include, but are not limited to, holiday, sick, annual, and compensatory
leaves, leaves of absence, meal breaks, and inclement weather closures.
2. Meal Breaks. Bona fide meal breaks do not count as hours worked. Meal breaks must
ordinarily be at least 30 minutes long and provide the employee a rest period free from
any work requirements.
3. Travel Time. When non-exempt employees are required to attend meetings or
conferences that occur outside of County facilities, the hours involved in the actual
travel, as well as the hours involved in the training/meeting, shall be considered hours
worked. Employees shall report this time to their supervisors, using forms designated
for that purpose.
III. GENERAL REQUIREMENTS OF OVERTIME PAY AND COMPENSATORY TIME
A. Eligibility to Earn Overtime/Compensatory Time
1. Non-exempt Employees. Unless excluded by the FLSA, all non-exempt employees of
the County who work in excess of 40 hours within one designated workweek or the
maximum allowable hours within one 28-day work period are eligible to earn
overtime/compensatory time.
2. Exempt Employees. Exempt employees are not eligible to earn overtime, whether as
monetary payment or compensatory time. This does not, however, preclude
department heads from using their discretion and granting time off to exempt
employees in recognition of time worked beyond normal work schedules.
B. Calculation of Overtime/Compensatory Time
All eligible, non-exempt employees are to be compensated one and one half times the
employee’s regular hourly rate of pay for hours worked in excess of their maximum allowable
hours. This compensation may be monetary or through the accrual of compensatory time at
the choice of the employee prior to the performance of the overtime work. Special conditions
apply if the hours worked are performed pursuant to the Emergency Situation Staffing Policy
(P-37). Calculation of overtime/compensatory time shall be as follows:
1. Fire Protection Employees. Fire protection employees who work in excess of 212
hours within the 28-day work period are to be paid one and one half times the
employee’s regular hourly rate of pay, or be compensated one and one half hours of
compensatory time for every hour in excess of 212 hours.
2. Sworn Law-Enforcement Employees. Sworn law-enforcement employees who work in
excess of 171 hours within the 28-day work period are to be paid one and one half
times the employee’s regular hourly rate of pay, or be compensated one and one half
hours compensatory time for every hour in excess of 171 hours.
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3. All Other Employees. All other, eligible non-exempt employees who work in excess of
40 hours within the workweek are to be paid one and one half times the employee’s
regular hourly rate of pay, or be compensated one and one half hours of compensatory
time for every hour in excess of 40 hours.
4. Compensatory Time for Non-Overtime Work. Non-exempt employees who work in
excess of their regularly scheduled work hours but do not exceed the maximum
allowable number of hours may be granted compensatory leave in the amount of one
hour for each hour worked or may be paid their regular hourly rate for those excess
hours worked.
5. Pay-outs of Compensatory Time. Any payment for unused compensatory time shall be
based upon the employee’s current regular hourly rate. Upon termination, non-exempt
employees shall be paid for unused compensatory time. Non-exempt employees who
are transferring to another department or who are promoted from a non-exempt into an
exempt position shall, prior to assuming the new position, reach an agreement with
their department head to use their accumulated compensatory leave or to be paid for
the unused compensatory leave balance. The employee’s compensatory leave balance
must be zero prior to the starting date for the new position.
6. Two or More Hourly Rates. Employees holding more than one position may have two
or more regular hourly rates. Department heads should consult with Human Resources
for guidance regarding the payment of overtime compensation to such employees.
C. Maximum Compensatory Time Balances
Employees in positions eligible for a 28-day work period under FLSA 207(k) may accrue up to
240 hours of compensatory leave. All other non-exempt employees may accrue up to 100
hours of compensatory leave. Employees shall be paid for all compensatory leave in excess of
the maximum allowed for accrual.
D. Employer Responsibilities
1. Managing the Accrual of Overtime. Department heads may require that employees
work additional time or overtime to meet the needs of the department, and are
responsible for managing employees’ hours worked whenever possible within the
designated workweek or work period to avoid overtime. If an employee works more
than the designated work hours in one day, thus creating the potential to exceed the
maximum allowable hours within the workweek or work period as defined in section
II.F, the employee’s supervisor may require the employee to take leave in the amount
of the excess time worked within the same workweek or work period to avoid the
accrual of overtime.
2. Fund Availability. Department heads shall ensure that adequate funds are available to
pay required overtime compensation and compensatory time pay-outs.
3. Scheduling Compensatory Leave. Department heads shall be responsible for
scheduling compensatory leave so that it may be taken within a reasonable period of
time after the employee requests it, so long as such use does not unduly disrupt the
operations of the department. A “reasonable period'' under the FLSA is determined by
considering the customary work practices within the department, such as: a) the normal
schedule of work; (b) anticipated peak workloads based on past experience; (c)
emergency requirements for staff and services; and (d) the availability of qualified
substitute staff. Leave is considered to “unduly disrupt the operations of the
department” if it would impose an unreasonable burden on the department’s ability to
provide services of acceptable quality and quantity for the public during the time
requested without the use of the employee's services.
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4. Recordkeeping. Department heads shall ensure that all non-exempt employees
complete and submit, on a timely basis, accurate data recording their hours worked
and leave taken.
E. Employee Responsibilities
1. Authorization for Overtime. Employees may work overtime only with prior authorization
from their supervisors. Failure to do so may result in disciplinary action in accordance
with County policy. Employees will report additional hours worked to their supervisors
within five business days.
2. Scheduling Compensatory Leave. Employees are required to arrange use of
compensatory leave in advance with their supervisors. In case of a conflict because of
the work schedule in a particular department, leave will be granted at the discretion of
their supervisors.
3. Time Recording. All non-exempt employees must complete and submit, on a timely
basis, accurate data recording their hours worked and leave taken. Failure to do so
may result in disciplinary action in accordance with County policy.
IV. ON-CALL AND CALL-BACK COMPENSATION
A. On-Call Compensation
1. Eligibility. Non-exempt employees required to be “on-duty” while on-call must be
compensated for the “on-duty” hours worked while on-call. Whether the FLSA considers
an employee to be “on-duty” while on-call depends on a number of circumstances,
including, but not limited to, being required to remain on the employer’s premises and
being restricted from using on-call time effectively for personal purposes. In addition,
non-exempt employees may be compensated for “off-duty” on-call time pursuant to a
departmental on-call compensation program approved in accordance with this section.
Exempt employees are not eligible to receive on-call compensation.
2. Departmental On-Call Compensation Programs. Departments may develop on-call
compensation programs to compensate employees for “off-duty” on-call time based on
department-specific needs. Department heads must submit their proposed guidelines to
the Human Resources Department and the County Attorney’s Office for approval in
order to ensure that they meet all applicable legal and policy requirements.
Compensation pursuant to a departmental program will be authorized only if the on-call
service meets all of the following criteria:
a. Service must be mandated.
b. On-call employees are expected to respond promptly to calls, resulting in
partially restricted personal time of on-call employees. Specific response time
may vary depending on individual department requirements.
c. On-call employees will not be called if another County employee is already on
duty and available to perform the required services.
d. The department’s on-call guidelines have been approved by Human Resources
and the County Attorney’s Office.
3. Calculation. The rate of compensation for off-duty on-call time shall be established in
each departmental on-call compensation program. In all cases, however, employees
shall be given the option of monetary payment or compensatory time and must
communicate that preference to supervisors prior to working the on-call time.
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4. Special Provisions Regarding CPS Workers. Child protective service workers
employed by the Department of Social Services shall be compensated for their on-call
service in accordance with all state-mandated requirements.
B. Call-Back Compensation
1. Eligibility. Any eligible non-exempt employee who is required by the department head
to report back to work outside of the employee’s regularly designated work hours on
less than 24 hours’ notice shall be eligible for call-back compensation at one and one-
half times the employee’s regular hourly rate, regardless of the number of hours
worked in that workweek or work period. An employee’s “regularly designated hours”
are those hours at which the employee is normally scheduled to work. Hours worked
beyond regularly scheduled work hours which require an employee to stay at work,
rather than report back to work, shall not be deemed call-back hours and shall be
compensated as otherwise provided herein.
2. Calculation. In lieu of paying an employee for call-back time, the County may
compensate an employee with compensatory time. Compensatory time shall be
accrued at a rate of one and one half hour for every hour of call-back time worked.
Employees shall decide whether to receive monetary compensation or compensatory
time and communicate that preference to their supervisors prior to working the call-
back time.
V. HOLIDAY PAY
A. General Rule. Any non-exempt employee who is required by the department head to work on
a holiday which is observed by the County shall be:
1. Compensated for that holiday for the hours worked plus the hours normally accrued for
the holiday, all at the regular hourly or daily rate; and
2. At the discretion of the department head, be paid the regular hourly or daily rate for the
hours worked and accrue eight hours of compensatory leave. If an observed holiday
falls on a day when an employee is not otherwise scheduled to work, the employee
shall earn eight hours of compensatory leave for the observed holiday.
3. Full-time employees shall receive eight hours of holiday leave to be used on the
designated holiday. For part-time employees, the amount of holiday leave received
shall be consistent with the length of a regularly scheduled work day.
B. Alternative Work Schedules. Full-time employees that work an alternative work schedule
(e.g., 10 hours/day for 4 days/week) shall also receive eight hours of holiday leave for each
observed holiday. It is the employee’s responsibility to make up the hourly difference between
the hours granted as holiday leave and the employee’s regular work schedule. The employee
and his/her supervisor may compensate for the difference in hours in one of two ways:
1. The employee may use compensatory leave or annual leave; or
2. The employee may work the difference within that workweek.
VI. SPECIAL PROVISIONS FOR SWORN LAW-ENFORCEMENT EMPLOYEES
A. Court Time. Court time worked by sworn law-enforcement employees outside of the regularly
scheduled work hours for that day shall be compensated at one and one-half times the
employee’s regular hourly rate regardless of the number of hours worked in that work period.
B. Contractual Overtime. Contractual overtime is defined as work hours assigned to a sworn
law-enforcement employee at the request of an outside entity that reimburses the wages of the
employee. Contractual overtime shall only be compensated monetarily. Voluntary contractual
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hours worked by employees shall not count as hours worked for the County. Sworn law-
enforcement employees shall be paid for voluntary contractual hours worked at a fixed flat rate
established by the County Executive.
Amended August 4, 1993; August 3, 1994; September 1, 1997, December 9, 2009
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ATTACHMENT 2
RESOLUTION
WHEREAS, the County of Albemarle is one of the localities subject to Virginia Code § 15.2-2223.1,
which requires localities to amend their comprehensive plans to designate one or more Urban Development
Areas (“UDA”) and to incorporate principles of new urbanism and traditional neighborhood development, as
defined therein; and
WHEREAS, in lieu of amending the County’s Comprehensive Plan, the Board of Supervisors is
authorized by Virginia Code § 15.2-2223.1(E) to adopt a resolution certifying that the Comprehensive Plan
accommodates growth in a manner consistent with the elements of a UDA and the principles of new urbanism
and traditional neighborhood development; and
WHEREAS, the County’s Comprehensive Plan addresses the elements of a UDA by allowing
residential density of at least 4 dwelling units per gross acre (with the exception of the Village of Rivanna) and
allowing commercial density having FARs of 0.4 per gross acre; by encouraging a mixture of housing types,
including affordable housing, in all Development Areas; by providing that Development Areas are predominantly
served by public water and sewer services and having a policy to extend public water and sewer facilities to all
lands within the Development Areas; by locating the Development Areas in close proximity to various
transportation facilities including inter-county and major intra-county roadways as well as other transportation
services; and by locating Development Areas in close proximity to the City of Charlottesville (the Urban Area
comprised of Neighborhoods 1-7 including the Pantops Master Plan Area), areas that are developed and
continue to develop north of the Urban Area (the Communities of Hollymead and Piney Mountain), and areas
that are already developed (the Community of Crozet and the Village of Rivanna); and
WHEREAS, the Development Areas incorporate principles of new urbanism and traditional
neighborhood development in that they comprise 36 square miles or 5% of the County’s total land area, and the
form and characteristics of their development are guided by the Neighborhood Model, which promotes density
through principles of pedestrian orientation, neighborhood friendly streets, street interconnections, parks and
open space, neighborhood centers, buildings of human scale, relegated parking, mixture of uses, mixture of
housing types and affordability, redevelopment, site development that respects terrain and clear boundaries
with the Rural Areas.
WHEREAS, the Development Areas are established to accommodate development for the next 20
years and, while it may be possible that the Development Areas are sufficient to accommodate development
beyond 20 years, the overarching elements of a UDA and the principles of new urbanism and traditional
neighborhood development expressed in Virginia Code § 15.2-2223.1 are better achieved by the current
compact sizes of the Development Areas, their periodic review every 5 years, the County’s existing
development policies, and the Neighborhood Model’s policy of establishing clear boundaries with the Rural
Areas.
NOW, THEREFORE BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
certifies that the County’s Comprehensive Plan accommodates growth in a manner consistent with Virginia
Code §15.2-2223.1.
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ATTACHEMNT 3
PROFFER STATEMENT
ZMA No. 2007 - 0002
Tax Map and Parcel Number(s): 03200-O0-041D1 and PORTION OF 03200-00-041R0
Owner(s) of Record: Post Office Land Trust and Tiki LLC
Date of Proffer Signature: November 2, 2009
1.021 acres to be rezoned from HC & PDMC to PDSC
Post Office Land Trust, is the owner of a PORTION OF Tax Map and Parcel Number 03200-O0-041R0 and
Tiki, LLC, is the owner of Tax Map and Parcel Number 03200-00-041D1 (the “owners” and the “Property”)
which is the subject of rezoning application ZMA No. 2007-0002, a project known as “Timberwood Commons“
(the “Project”).
This Proffer Statement shall relate to the Application Plan entitled “Application Plan for Timberwood Commons”,
dated June 5, 2009, and prepared by Dominion Development Resources, LLC.
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owners hereby voluntarily proffer the
conditions listed below which shall be applied to the Property if it is rezoned to the zoning district identified
above. These conditions are proffered as a part of the requested rezoning and the Owners acknowledge that
the conditions are reasonable.
1. The uses of the Property permitted by right shall be only those uses allowed by right under Section
25.2.1 except for the following C-I (Section 22.2.1), CO (Section 23.2.1) and HC (Section 24.2.1) uses
permitted in the PDSC zoning district by reference under Section 25.2.1(1), as all of those sections of
Chapter 18, Zoning, of the Albemarle County Code, are in effect on December 9, 2009, copies of
which are attached hereto and incorporated herein as Attachment A:
A. Cemeteries: Sections 22.2.1 (b)(3), 23.2.1(4), 24.2.1(5)
B. Fire and rescue squad stations: Sections 22.2.1(b)(6), 24.2.1(13)
C. Indoor theaters: Sections 22.2.1 (b)(9), 24.2.1(38)
D. Libraries, museums: Sections 22.2.1 (b)(12), 23.2.1(5)
E. Automobile service stations: Sections 22.2.1 (b)(16), 24.2.1(3)
F. Automobile, truck repair shop, excluding body shop: Sections 22.2.1(b)(22), 24.2.1(2)
G. Hotels, motels and inns: Section 24.2.1(20)
H. Mobile home and trailer sales: Section 24.2.1(23)
I. Modular building sales: Section 24.2.1(24)
J. Motor vehicle sales, service and rental: Section 24.2.1(25)
K. Building material sales: Section 24.2.1(4)
L. Light warehousing: Section 24.2.1(21)
M. Machinery and equipment sales, service, and rental: Section 24.2.1(22)
N. Sale of major recreational equipment and vehicles: Section 24.2.1(32)
0. Wholesale distribution: Section 24.2.1(34)
P. Heating oil sales and distribution: Section 24.2.1(39)
2. The uses of the Property permitted by special use permit shall be those uses allowed by special use
permit under Section 25.2.2 of Chapter 18, Zoning, of the Albemarle County Code, as that section is in
effect on December 9, 2009, a copy of which is attached hereto and incorporated herein as Attachment
B.
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OWNER
(Signed) Charles W. Hurt, 11/2/2009 (Signed) Shirley L. Fisher, 11/2/2009
By: Charles W. Hurt By: Shirley L. Fisher
Title: Trustee Title: Trustee
Post Office Land Trust Post Office Land Trust
OWNER
(Signed) Anthony D. Valente, 11/2/2009 (Signed) Mary K. Valente, 11/2/2009
By: Anthony D. Valente By: Mary K. Valente
Title: manager and member Title: manager and member
Tiki, LLC Tiki, LLC
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ATTACMENT 4
PROFFER STATEMENT
ZMA No.: ZMA 2008-007 (ATNA Corporation, LLC; VETSS, Inc.)
Tax Map and Parcel Number: 03200-00-00-04800
Owner(s) of Record: ATNA Corporation, LLC
Date of Proffer Signature: November 1, 2009
0.78 acres to be rezoned from CO to C-1
ATNA Corporation, LLC is the owner (the “Owner”) of Tax Map and Parcel Number 03200-00-00-04800 (the
“Property”) which is the subject of ZMA No. 2008-007, a project known as “ATNA Building — VETSS Hospital”
(the “Project”).
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers the
conditions listed below which shall be applied to the Property if it is rezoned to the zoning district identified
above. These conditions are proffered as part of the requested rezoning and the Owner acknowledges that the
conditions are reasonable.
1. The use of the Property shall be limited to those uses allowed by right under Section 22.2.l(b)(1), (3),
(5), (12), (17), (18), (19), (20), (26) and (27); those uses allowed by special use permit under Section
22.2.2(2), (3), (5), (6), (7), (9), (10), (11) and (14); and those uses allowed by right under Section
23.2.1; of Chapter 18, Zoning, of the Albemarle County Code, as those sections are in effect on
December 9, 2009, copies of which are attached hereto and incorporated herein as Attachment A (on
file in Clerk’s office).
2. The Owner shall install a sidewalk in the location shown on Attachment B. The design of the sidewalk
shall be approved by the Virginia Department of Transportation (“VDOT”) prior to its construction.
Construction of the sidewalk shall be completed by not later than June 30, 2010. Construction of the
sidewalk shall be deemed complete when the Owner obtains from VDOT a written determination that
the sidewalk is completed and safe for pedestrian use.
ATN Corporation, LLC
(Signed) Stuart C. Salmon
By: Stuart C. Salmon, Member
(Signed) Sara V. Salmon
By: Sara V. Salmon, DVM, Member
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ATTACHEMNT 5
CONDITIONS OF APPROVAL
SP-2008-067- ATNA BUILDING
1. Development of the use shall be in accord with the concept plan, entitled “Proposed Fencing” prepared
by Gorman Architects, PLC, dated July 20, 2009 (the “Plan”), as determined by the Director of Planning
and the Zoning Administrator. To be in conformity with the Plan, development shall reflect the following
elements only and all other elements of the Plan may be modified during site plan review and approval:
general location of parking areas, buffer and screening from adjacent residential properties, and
proposed fence enclosure. Minor modifications to the plan which do not conflict with the elements
above may be made to ensure compliance with the Zoning Ordinance;
2. This special use permit applies to the existing building and any new buildings for the veterinary use will
require a new special use permit;
3. The opening of any windows shall be prohibited;
4. Dogs may be walked only in the outdoor dog walk area;
5. No animals shall be boarded overnight or groomed, except for those animals under medical care at the
veterinary hospital;
6. The use shall not commence until the building located at 1540 Airport Road is served by public sewer;
7. An eight (8) foot tall treated solid wood privacy fence in a cabot slate gray #1445 stain for pressure
treated wood shall be constructed and maintained along the full perimeter of the property adjacent to
the residential properties. The existing trees and landscape along the perimeter of the property adjacent
to the residential properties shall not be disturbed. Screening requirements shall comply with Section
32.7.9.8 Screening of the Albemarle County Code;
8. An eight (8) foot tall treated solid wood privacy fence in a cabot slate gray #1445 stain for pressure
treated wood shall be constructed and maintained to enclose the proposed fence enclosure shown on
the Plan; and
9. All outdoor lighting shall comply with the requirements of Zoning Ordinance Section 4.17 - Outdoor
Lighting, no later than February 15, 2010.
15
ATTACHEMNT 6
ORDINANCE NO. 09-03(5)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 3, AGRICULTURAL AND FORESTAL DISTRICTS,
ARTICLE II, DISTRICTS OF STATEWIDE SIGNIFICANCE, DIVISION 2, DISTRICTS, 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, Division 2, Districts, of the Code of the
County of Albemarle, Virginia, is hereby amended and reordained as follows:
By Amending:
3-220 Kinloch Agricultural and Forestal District
Chapter 3. Agricultural and Forestal Districts
Article II. Districts of Statewide Significance
Division 2. Districts
Sec. 3-220 Kinloch Agricultural and Forestal District.
The district known as the “Kinloch Agricultural and Forestal District” consists of the following described
properties: Tax map 49, parcels 5C, 6A1; tax map 50, parcels 13, 19; tax map 65, parcels 7, 7A, 8, 84A, 86,
89, 90, 91, 91A, 92, 93A, 93A1, 94, 94A, 95, 95A, 100, 121; tax map 66, parcels 2, 3C, 10G1, 32, 32D, 32E, 34
(Albemarle part only), 34B. This district, created on September 3, 1986 for not more than 10 years and last
reviewed on November 3, 2004, shall next be reviewed prior to November 3, 2014.
(11-17-93; 10-12- 94; Code 1988, § 2.1-4(f); Ord. 98-A(1), 8-5-98; Ord. 00-3(3), 9-13-00; Ord. 04-3(3), 11-3-04;
Ord. 09-03(5), 12-9-09)