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HomeMy WebLinkAbout20090114actions 1 ACTIONS Board of Supervisors Meeting of January 14, 2009 January 21, 2009 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to Order. • Meeting was called to order at 6:01 p.m., by the Chairman, Mr. Slutzky. 4. From the Board: Matters Not Listed on the Agenda. Sally Thomas: • Serves as the Board liaison on the Rivanna River Basin Commission. Suggested Board members take an interest in what the Commission is doing because the group may, at some point in the future, ask for Board support. Ann Mallek: • Serves as liaison on the Piedmont Workforce Network. Commented that the Governor’s Special Advisor for the Workforce has directed the chiefs of the various departments to sign the agreements to improve operations of the One Stop Center. • Dr. Elmer Gaden, known as the Father of Biochemical Engineering, was recently awarded a prestigious prize for his achievements in bioengineering. 5. From the Public: Matters not Listed for Public Hearing on the Agenda. • Greg Quinn, a local stonemason, expressed opposition to the proposed resolution to establish enabling legislation to fund transit. • Len Mailloux, Curtis Hathaway and Vincent Blasi, expressed concerns about the roof pitch and height of the roofs of current buildings going up in the Kenridge Subdivision. • Tom Slonaker asked the Board to consider not raising any taxes at the local level. • Stratton Salidis, a Charlottesville City resident, commented that this is not the time to increase taxes. Suggested the Board look at investing in a Meadow Creek bikeway and drop the road portion. • Keith Drake, Chairman of ATTA, expressed opposition to the proposed resolution to fund transportation and transit. He suggested that private industry should first be looked at to solve this problem. • Jeff Werner, of PEC, spoke about the proposed transportation funding. He also indicated that he was a member of the Transportation Funding Workgroup. 6.2 Brownsville Elementary Addition and Renovation Reappropriation. • DEFFERRED, by a vote of 6:0, to allow review by the CIP Oversight Committee. Clerk: Reschedule on agenda when request ready to go back before Board. 6.3 ZTA-2008-003. Administrative Waivers (deferred from January 7, 2009). Clerk: Forward copy of signed ordinance to Zoning and County Attorney’s offices. 2 • ADOPTED, by a vote of 6:0, the attached Ordinance. (Attachment 1) 7. PROJECT: SP-2008-0027. Field School (Signs #26,27&29). • APPROVED SP-2008-0027, by a vote of 6:0, subject to the eight recommended conditions. Clerk: Set out conditions of approval. (Attachment 2) 8. PROJECT: SP-2008-0049. Pine Ridge Church of the Brethren (Signs #81&91). • APPROVED SP-2008-0049, by a vote of 6:0, subject to the five recommended conditions. Clerk: Set out conditions of approval. (Attachment 2) 9. PROJECT: SP-2008-059. Luxor Commercial Veterinary Office (Sign #9). • APPROVED SP-2008-059, by a vote of 6:0, subject to the five recommended conditions. Clerk: Set out conditions of approval. (Attachment 2) 10. Resolution to request enabling legislation for the City of Charlottesville and County of Albemarle to fund transit and transportation projects. • ADOPTED, by a vote of 5:1(Boyd) the attached resolution. Clerk: Forward copy of signed resolution to Legislative representatives, City Council, David Blount and County Attorney’s office. (Attachment 3) 11. From the Board: Matters Not Listed on the Agenda. Sally Thomas: • Discussed proposed legislation that denies localities the ability to prohibit alternative onsite sewage systems that have been approved by the Virginia Department of Public Health and further denies localities the ability to require maintenance of such systems. CONSENSUS of Board that the Chairman will send letter expressing opposition at appropriate time. Ken Boyd: • Provided update on Fire/Rescue Board discussions. Ann Mallek: • VDoT has advertised for bids for the Advance Mills Bridge. • The ACE Committee has closed on some significant properties. David Slutzky: • Presented a resolution for Board support requesting the Virginia General Assembly to enact legislation to enable the County of Albemarle to implement a Clean Energy Financing Program. ADOPTED, by a vote of 6:0. • Presented a resolution for Board support of the County, City and University working collaboratively to address energy efficiency and climate change. ADOPTED, by a vote of 6:0. • VOTED 6:0 to appoint David Slutzy and Bill Edgerton to represent County in collaborative discussions with City and University. Clerk: Forward resolution to legislators, City Council, David Blount and County Attorney’s office. (Attachment 4) Clerk: Forward resolution to City Council, Sarah Temple and County Attorney’s office. (Attachment 5) 12. Adjourn. • The meeting was adjourned at 8:26 p.m. /ewj Attachment 1 – Ordinance - ZTA-2008-003. Administrative Waivers Attachment 2 – Conditions of Approval – Planning Items 3 Attachment 3 - Resolution to request enabling legislation for the City of Charlottesville and County of Albemarle to fund transit and transportation projects Attachment 4 – Resolution - Clean Energy Financing Program Attachment 5 - Resolution - County, City and University to work collaboratively to address energy efficiency and climate change 4 Attachment 1 ORDINANCE NO. 09-18(1) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE II, BASIC REGULATIONS, ARTICLE III, DISTRICT REGULATIONS, AND ARTICLE IV, PROCEDURE, 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, Article III, District Regulations, and Article IV, Procedure, of the Code of the County of Albemarle are amended and reordained as follows: By Amending: Sec. 4.2.5 Modification or waiver Sec. 4.7 Regulations governing open space Sec. 4.7.1 Open space, intent Sec. 4.7.2 Uses permitted in open space Sec. 4.7.3 Open space, design requirements Sec. 4.7.4 Ownership of open space Sec. 21.7 Minimum yard requirements Sec. 21.7.1 Untitled Sec. 21.7.2 Untitled Sec. 21.7.3 Untitled Sec. 26.10 Minimum yard requirements Sec. 26.10.1 Untitled Sec. 26.10.2 Untitled Sec. 26.10.3 Untitled Sec. 32.2 When required Sec. 32.2.1 Untitled Sec. 32.2.2 Untitled By Adding: Sec. 2.5 Procedure for administrative waivers Chapter 18. Zoning Article I. General Provisions Sec. 2.5 Procedure for administrative waivers Applications for administrative waivers submitted pursuant to sections 4.2.5, 21.7, 26.10 and 32.2 shall be processed as follows: a. Application. A developer or subdivider requesting a waiver shall file a written request with the department of community development stating the reason for the waiver and explaining why the request satisfies one or more of the applicable standards and findings in sections 4.2.5, 21.7, 26.10 or 32.2. b. Notice to board, commission and abutting owners. When an application for an administrative waiver is submitted, the agent shall send notice by first class mail, electronic mail (“e-mail”) or by personal de- livery to each member of the board of supervisors, the commission and to the owner of each lot abutting the lot for which the waiver is sought. The notice shall describe the proposed waiver, the name, address, email address and telephone number of the agent, the location where any documents submitted with the waiver request may be viewed, and the date by which the agent will act on the request. The notice also shall advise each recipient of the right to request review of the waiver request by the commission and the date by which the review must be requested. The notice shall be mailed, sent or hand delivered at least five (5) days prior to the date by which the agent will act on the waiver request. Notice that is mailed to the owner of each lot abutting the lot for which the waiver is sought shall be mailed to the last known address of the owner. Mailing the notice to the address shown on the 5 current real estate tax assessment records of the county shall be deemed compliance with this requirement. If a lot abutting the lot for which the waiver is sought is owned by the same owner, the notice shall be given to the owner of the next abutting property not owned by that owner. The failure of any person to receive the notice required by this subsection shall not affect the validity of a waiver, if granted. c. Request for commission review. An abutting owner or a member of the board of supervisors or the commission may request commission review of a waiver. Any request shall be in writing, shall state the reasons that commission review is requested, and shall be received by the agent by the date stated in the notice. A written request may be submitted either by regular mail, by email, or by hand delivery. d. Procedure if commission review requested. If review of a waiver by the commission is timely requested, the commission shall review and act on the waiver request within thirty (30) days of the date of the request for review. In its review and action on the waiver, the commission shall apply the applicable standards and findings in sections 4.2.5, 21.7, 26.10 or 32.2. In granting a waiver, the commission may impose such conditions deemed necessary to protect the public health, safety, or welfare. e. Appeals. The denial of a waiver, or the approval of a waiver with conditions objectionable to the developer or subdivider, may be appealed from the agent or the commission to the commission or the board, as the case may be, 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 waiver pertains. A 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. In considering a waiver on appeal, the commission or the board may grant or deny the waiver based upon the applicable standards and findings in sections 4.2.5, 21.7, 26.10 or 32.2, amend any condition imposed by the agent or the commission, and impose any conditions deemed necessary to protect the public health, safety, or welfare. f. Waivers include modifications. For the purposes of this section 2.5, the term “waiver” or any form thereof, includes the term “modification” as used in this chapter. Article II. Basic Regulations Sec. 4.2.5 Modification or waiver Any requirement of section 4.2.1, 4.2.2, 4.2.3 or 4.2.4 may be modified or waived as provided herein: a. Modification or waiver by the commission. The commission may modify or waive any requirement that is not subject to an administrative waiver as provided in subsection (b), as follows: 1. Request. A developer or subdivider requesting a modification or waiver shall file a written request in accordance with section 32.3.10(d) of this chapter and identify and state how the request would satisfy one or more of the findings set forth in subsection 4.2.5(a)(3). If the request pertains to a modification or waiver of the prohibition of disturbing slopes of twenty-five (25) percent or greater (hereinafter, “critical slopes”), the request also shall state the reason for the modification or waiver, explaining how the modification or waiver, if granted, would address the rapid and/or large-scale movement of soil and rock, excessive stormwater run-off, siltation of natural and man-made bodies of water, loss of aesthetic resources, and, in the event of septic system failure, a greater travel distance of septic effluent (collectively referred to as the “public health, safety, and welfare factors”) that might otherwise result from the disturbance of critical slopes. 2. Consideration of recommendation; determination by county engineer. In reviewing a request for a modification or waiver, the commission shall consider the recommendation of the agent as to whether any of the findings set forth in subsection 4.2.5(a)(3) can be made by the commission. If the request pertains to a modification or waiver of the prohibition of disturbing critical slopes, the commission shall consider the determination by the county engineer as to whether the developer or subdivider will address each of the public health, safety and welfare factors so that the disturbance of the critical slopes will not pose a threat to the public drinking water supplies and flood plain areas, and that soil erosion, sedimentation, water pollution and septic disposal issues will be mitigated to the satisfaction of the county engineer. The county engineer shall 6 evaluate the potential for soil erosion, sedimentation and water pollution that might result from the disturbance of slopes of twenty-five (25) percent or greater in accordance with the current provisions of the Virginia Department of Transportation Drainage Manual, the Commonwealth of Virginia Erosion and Sediment Control Handbook and Virginia State Water Control Board best management practices, and where applicable, Chapter 17, Water Protection, of the Code. 3. Findings. The commission may grant a modification or waiver if it finds that the modification or waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area, or to adjacent properties; would not be contrary to sound engineering practices; and at least one of the following: a. Strict application of the requirements of section 4.2 would not forward the purposes of this chapter or otherwise serve the public health, safety or welfare; b. Alternatives proposed by the developer or subdivider would satisfy the intent and purposes of section 4.2 to at least an equivalent degree; c. Due to the property’s unusual size, topography, shape, location or other unusual conditions, excluding the proprietary interest of the developer or subdivider, prohibiting the disturbance of critical slopes would effectively prohibit or unreasonably restrict the use of the property or would result in significant degradation of the property or adjacent properties; or d. Granting the modification or waiver would serve a public purpose of greater import than would be served by strict application of the regulations sought to be modified or waived. 4. Conditions. In granting a modification or waiver, the commission may impose conditions deemed necessary to protect the public health, safety or welfare and to insure that the development will be consistent with the intent and purposes of section 4.2. 5. Appeal. The board of supervisors shall consider a modification or waiver as follows: a. The denial by the commission of a modification or waiver, or the approval of a modification or waiver by the commission with conditions objectionable to the developer or subdivider, 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 section 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. b. In considering a modification or waiver, the board may grant or deny the modification or waiver based upon the findings set forth in subsection 4.2.5(a)(3), amend any condition imposed by the commission, and impose any conditions it deems necessary for the reasons set forth in subsection 4.2.5(a)(4). b. Waiver by the agent. In accordance with the procedures stated in section 2.5 of this chapter, the agent may waive the prohibition of disturbing critical slopes on any parcel not within the Rural Areas (RA), Monticello Historic District (MHD) or Village Residential (VR) zoning districts in the following circumstances: (i) the critical slopes were created during the development of the property pursuant to a site plan approved by the county; or (ii) the critical slopes will be disturbed to replace an existing structure located on the critical slopes and the extent of the disturbance is the minimum necessary to replace the existing structure with a new structure whose footprint does not exceed the footprint of the existing structure. The agent may grant a waiver if he or she finds that: 1. The property is not identified in the open space plan as one having any protected resources and a field inspection has confirmed that there are no significant or critical features on the property identified for protection in the open space plan; 2. There is no reasonable alternative that would eliminate or reduce the disturbance of critical slopes; 7 3. The developer or subdivider submitted and obtained approval from the program authority of an erosion and sediment control plan, regardless of whether the area disturbed is less than ten thousand (10,000) square feet; and 4. The developer or subdivider submitted and obtained approval from the county engineer of a plan that describes how the movement of soil and rock, stormwater runoff, siltation of natural and man-made bodies of water, the loss of aesthetic resources identified in the open space element of the comprehensive plan and, in the event of the failure of a treatment works and subsurface drainfield, a greater travel distance of septic effluent, will be mitigated through design, construction techniques, revegetation, stormwater management and other best management practices. (12-10-80, § 4.2.5; 11-15-89; Ord. 01-18(4), 5-9-01) Sec. 4.7 Open space Open space shall be established, used, designed and maintained as follows: a. Intent. Open space is intended to provide active and passive recreation, protect areas sensitive to development, buffer dissimilar uses from one another and preserve agricultural activities. The commission and the board of supervisors shall consider the establishment, use, design and maintenance of open space in their review and approval of zoning map amendments. The subdivision agent and the site plan agent (hereinafter, collectively referred to as the “agent”) shall apply the following principles when reviewing open space provided on a subdivision plat or site plan. b. Uses permitted. Open space shall be maintained in a natural state and shall not be developed with any improvements, provided that the agent may authorize the open space to be used and improved for the following purposes: (i) agriculture, forestry and fisheries, including appropriate structures; (ii) game preserves, wildlife sanctuaries and similar uses; (iii) noncommercial recreational uses and structures; (iv) public utilities; (v) individual wells and treatment works with subsurface drainfields (reference section 4.1.7); and (vi) stormwater management facilities and flood control devices. c. Design. Open space shall be designed as follows: 1. Lands that may be required. The agent may require that open space include: (i) areas deemed inappropriate for or prohibited to development including, but not limited to, land in the one- hundred year flood plain and significant drainage swales, land in slopes of twenty-five (25) percent or greater, public utility easements for transmission lines, stormwater management facilities and flood control devices, and lands having permanent or seasonally high water tables; (ii) areas to satisfy section 4.16, and (iii) areas to provide reasonable buffering between dissimilar uses within the development and between the development and adjoining properties. 2. Redesign during review. The agent may require the redesign of a proposed development to accommodate open space areas as may be required under this section 4.7, provided that the redesign shall not reduce the number of dwelling units permitted under the applicable zoning district. 3. Limitation on certain elements. If open space is required by this chapter, not more than eighty (80) percent of the minimum required open space shall consist of the following: (i) land located within the one-hundred year flood plain; (ii) land subject to occasional, common or frequent flooding as defined in Table 16 Soil and Water Features of the United States Department of Agriculture Soil Conservation Service, Soil Survey of Albemarle County, Virginia, August, 1985; (iii) land in slopes of twenty-five (25) percent or greater; and (iv) land devoted to stormwater management facilities or flood control devices, except where the facility or feature is incorporated into a permanent pond, lake or other water feature deemed by the agent to constitute a desirable open space amenity. 8 d. Ownership of open space. Open space may be privately owned or dedicated to public use. Open space in private ownership shall be subject to a legal instrument ensuring the maintenance and preservation of the open space that is approved by the agent and the county attorney in conjunction with the approval of the subdivision plat or site plan. Open space dedicated to public use shall be dedicated to the county in the manner provided by law. Open space dedicated to public use shall count toward the minimum required open space. Article III. District Regulations Sec. 21.7 Minimum yard requirements The minimum yard requirements in the commercial districts are as follows: a. Adjacent to public streets. No portion of any structure, excluding signs, shall be erected closer than thirty (30) feet to any public street right-of-way. No off-street parking or loading space shall be located closer than ten (10) feet to any public street right-of- way. (Amended 7-10-85; 7-8-92) (12-10-80, § 21.7.1; 7-10-85, 9-9-92; Ord. 01-18(3), 5-9-01) b. Adjacent to residential and rural areas districts. No portion of any structure, excluding signs, shall be located closer than fifty (50) feet to any residential or rural areas district. No off-street parking or loading space shall be located closer than twenty (20) feet to any residential or rural areas district. (Amended 7-10-85; 7-8-92) c. Buffer zone adjacent to residential and rural areas districts. No construction activity, including grading or the clearing of vegetation, shall occur closer than twenty (20) feet to any residential or rural areas district. Screening shall be provided as required in section 32.7.9. (Amended 9-9-92) 1. Waiver by the commission. The commission may waive the prohibition of construction activity, grading or the clearing of vegetation in the buffer in a particular case where the developer or subdivider demonstrates that grading or clearing is necessary or would result in an improved site design, provided that: (i) minimum screening requirements are met and (ii) existing landscaping in excess of minimum requirements is substantially restored. (Added 7-10-85) 2. Waiver by the agent. In accordance with the procedures stated in section 2.5 of this chapter, the agent may waive the prohibition of construction activity, grading or the clearing of vegetation in the buffer zone in the following circumstances: (i) adequate landscape screening does not currently exist and the installation of screening which meets or exceeds the requirements of this chapter would result in disturbance to the buffer; (ii) an arborist or landscape architect certifies that trees in the buffer are dying, diseased or will constitute a fall hazard; (iii) the county engineer determines that disturbance of the buffer is necessary in order to address an existing drainage problem; or (iv) disturbance of the buffer will result in improved screening through the use of a berm, a retaining wall or similar physical modification or improvement. In such a case, the developer or subdivider shall illustrate the result of both the existing screening without disturbance of the buffer and the screening that would be provided as a result of the disturbance of the buffer. Sec. 26.10 Minimum yard requirements The minimum yard requirements in the industrial districts are as follows: a. Adjacent to public streets. No portion of any structure, excluding signs, shall be erected closer than fifty (50) feet to any public street right-of-way. No off-street parking or loading space shall be located closer than ten (10) feet to any public street right-of-way. (Amended 7-10-85; 7-8-92) 9 b. Adjacent to residential or rural areas districts. No portion of any structure, excluding signs, shall be located closer than fifty (50) feet to any residential or rural areas district and no off-street parking space shall be closer than thirty (30) feet to any residential or rural areas district. In the heavy industry (HI) district, no portion of any structure, excluding signs, shall be located closer than one hundred (100) feet to any residential or rural areas district and no off-street parking shall be closer than thirty (30) feet to any residential or rural areas district. (Amended 7- 10-85; 7-8-92) c. Buffer zone adjacent to residential and rural areas districts. No construction activity including grading or clearing of vegetation shall occur closer than thirty (30) feet to any residential or rural areas district. Screening shall be provided as required in section 32.7.9. (Amended 9-9-92) 1. Waiver by the commission. The commission may waive the prohibition of construction activity, grading or the clearing of vegetation in the buffer in a particular case where the developer or subdivider demonstrates that grading or clearing is necessary or would result in an improved site design, provided that: (i) minimum screening requirements are met; and (ii) existing landscaping in excess of minimum requirements is substantially restored. (Added 7-10-85) 2. Waiver by the agent. In accordance with the procedures stated in section 2.5 of this chapter, the agent may waive the prohibition of construction activity, grading or the clearing of vegetation in the buffer zone in the following circumstances: (i) adequate landscape screening does not currently exist and the installation of screening which meets or exceeds ordinance requirements would result in disturbance to the buffer; (ii) an arborist or landscape architect certifies that trees in the buffer are dying, diseased or will constitute a fall hazard; (iii) the county engineer determines that disturbance of the buffer is necessary in order to address an existing drainage problem; or (iv) disturbance of the buffer will result in improved screening through the use of a berm, a retaining wall or similar physical modification or improvement. In such a case, the developer or subdivider shall illustrate the result of both the existing screening without disturbance of the buffer and the screening that would be provided as a result of the disturbance of the buffer. Article IV. Procedure Sec. 32.2 When site plan is required; waiver of drawing of site plan A site plan meeting the requirements of section 32 and all other applicable regulations shall be required as follows: a. When required. A site plan shall be required for any construction, use, change in use or other development in all zoning districts; provided that no site plan shall be required for the following: 1. The construction or location of any single-family detached dwelling on a lot on which not more than two (2) dwellings are located or proposed to be located. 2. The construction or location of a two-family dwelling on any lot not occupied by any other dwellings. 3. Any structure that is accessory to a single-family detached or two-family dwelling. 4. Any agricultural activity except as otherwise provided in section 5. 5. Any change in or expansion of a use provided that: (i) the change or expansion does not require additional parking under section 4.12 of this chapter; (ii) no additional ingress/ egress or alteration of existing ingress/egress is required by the Virginia Department of Transportation based on the intensification of the use; and (iii) no additional ingress/ egress or the alteration of existing ingress/egress is proposed by the developer. (32.2.1, 1980) 10 b. Waiver of certain details of site plan by the commission. After providing notice as provided by section 32.4.2.5, the commission may waive certain details of a site plan otherwise required by sections 32.5 and 32.6 in a particular case upon a finding that the details waived would not forward the purposes of this chapter or otherwise serve the public interest; provided that no such waiver shall be made until the commission has considered the recommendation of the agent. The agent may recommend approval, approval with conditions, or denial of the waiver. If the agent recommends approval of the waiver with conditions, he shall state the relationship of the recommended condition to the provisions of this section. No condition shall be imposed which could not be imposed through the application of the regulations of section 32. The waiver shall identify the details otherwise required by sections 32.5 and 32.6 that are waived. (32.2.2, 1980; Amended 5-1-87) c. Waiver of certain details of site plan by the agent. In accordance with the procedures stated in section 2.5 of this chapter, the agent may waive certain details of a site plan otherwise required by sections 32.5 and 32.6 if: (i) the site review committee finds that all of the details required by sections 32.5 and 32.6 are not necessary for its review of the proposed development; and (ii) the zoning administrator, in consultation with the county engineer and the manager of zoning enforcement, finds that the details waived are not necessary to determine that the site is developed in compliance with this chapter and all other applicable regulations. The waiver shall identify the details otherwise required by sections 32.5 and 32.6 that are waived. 11 Attachment 2 CONDITIONS OF APPROVAL PLANNING ITEMS PROJECT: SP-2008-0027. Field School (Signs #26,27&29). 1. Maximum enrollment shall be seventy (70) students; 2. Hours of operation for the school shall be from 7:30 a.m. to 6:00 p.m., Monday through Friday; 3. The school is limited to existing buildings and park grounds as indicated on the concept plan (Attachment C). Any additional building or site changes for the school use will require an amendment to this Special Use Permit (SP-2008-027); 4. The playgrounds and the park grounds, with the exception of the Community Building, will remain open and available for public use during the hours of school operation; 5. The athletic fields at the park shall not be available for the school’s use after 4:00 p.m. on weekdays and shall not be available on weekends; 6. The athletic fields shall not be available for school use when closed by the Department of Parks and Recreation for inclement weather, overuse, fields restoration, or when any other scheduled use is authorized by the Department of Parks and Recreation; 7. Special Use Permit 2008-027 shall be valid until June 30, 2014; and 8. Shuttle bus service for students to and from school shall be provided each school day. __________ PROJECT: SP-2008-0049. Pine Ridge Church of the Brethren (Signs #81&91). 1. The church’s improvements and the scale and location of the improvements shall be developed in general accord with the conceptual plan provided by the applicant and received September 12, 2008; 2. The area of assembly shall be limited to a maximum of an eighty-eight (88)-seat sanctuary; 3. There shall be no day care center or private school on site without approval of a separate special use permit; 4. All outdoor lighting shall be arranged or shielded to reflect light away from all abutting properties. A lighting plan limiting light levels at all property lines to no greater than 0.3 foot candles shall be subject to approval by the Planning Director; and 5. No tree removal, grading, or disturbance shall take place within the driplines of the trees. The applicant shall have the dripline of the trees surveyed and shall mark the dripline in the field with temporary fencing. Any grading or disturbance within ten (10) feet of any dripline shall necessitate submittal of a "Tree Protection Plan" in accord with section 32.7.9.4 of the Zoning Ordinance. No grading or disturbance within ten (10) feet of any dripline shall be permitted until a) the survey and fencing have been completed and b) the Planning Director approves a plan which shows the grading or disturbance and the surveyed dripline of the existing trees. __________ PROJECT: SP-2008-059. Luxor Commercial Veterinary Office (Sign #9). 1. A separate entrance and exit shall be provided for the clinic in accordance with Section 5.1.11.d; 2. No outdoor exercise area shall be permitted; 3. The veterinary clinic shall be located in Building 4, as shown on the plan entitled “Application Plan for Luxor Commercial Center”, prepared by Rivanna Engineering, dated October 13, 2004, last revised July 25, 2004; 4. Architectural Review Board issuance of a Certificate of Appropriateness; and 5. Special Use Permit 2008-059 shall be valid for forty-eight (48) months from January 14, 2009. 12 Attachment 3 RESOLUTION TO REQUEST ENABLING LEGISLATION FOR THE COUNTY OF ALBEMARLE AND THE CITY OF CHARLOTTESVILLE TO FUND TRANSIT AND TRANSPORTATION PROJECTS WHEREAS, transportation planning and systems are regional in scope; and WHEREAS, transportation planning in the Charlottesville-Albemarle area includes both transportation projects and the operation of a transit system; and WHEREAS, the County of Albemarle and the City of Charlottesville desire to extend transit services to developing areas and to provide faster, more frequent service to the existing system, and to improve transportation in the Charlottesville-Albemarle area; and WHEREAS, the County of Albemarle and the City of Charlottesville are seeking enabling legislation to establish a Regional Transit Authority to coordinate regional transit planning and operations; and WHEREAS, additional funding is necessary to fund the expanded services of a Regional Transit Authority; and WHEREAS, there is a dire need for transportation funding for identified and necessary transportation projects that are currently unfunded or underfunded by the Virginia Department of Transportation; and WHEREAS, the County of Albemarle and the City of Charlottesville are seeking a funding source to fund necessary transportation improvement projects that cannot otherwise be reasonably or timely funded; and WHEREAS, a local sales and use tax of up to one percent designated to be spent solely for the purposes of transit and transportation initiatives would provide a reasonable local source of funding for such initiatives; and WHEREAS, the imposition of the proposed local sales and use tax of up to one percent would be subject to approval by local referendum and the use of such funding would be limited to transit costs, including funding for each locality’s share of the cost of a Regional Transit Authority, and transportation projects selected from the region’s Constrained Long Range Plan, the City’s Urban Road Program, or the County’s Secondary Road Program; and WHEREAS, enabling legislation is necessary to enable a local sales and use tax to fund transit and transportation needs in the County of Albemarle and City of Charlottesville. NOW THEREFORE BE IT RESOLVED that the Albemarle County Board of Supervisors hereby requests that the Virginia General Assembly enact legislation to enable the County of Albemarle and the City of Charlottesville to levy a local sales and use tax of up to one percent to fund to fund transit and transportation projects in the County of Albemarle and the City of Charlottesville. 13 Attachment 4 RESOLUTION TO REQUEST ENABLING LEGISLATION FOR THE COUNTY OF ALBEMARLE TO IMPLEMENT A CLEAN ENERGY FINANCING PROGRAM WHEREAS, the Southeastern Energy Efficiency Alliance (SEEA) is a non-profit organization that brings together businesses, utilities, governments, public utility commissions, energy service companies, manufacturers, retailers, energy and environmental organizations, low-income energy advocates, large energy consumers, and universities to promote energy-efficient policies and practices; and WHEREAS, the SEEA will be awarding a Southeastern locality $500,000 to design a program that reduces energy and water use by consumers and businesses; and WHEREAS, the Commonwealth of Virginia is actively supporting this initiative with resources to help fund program management, service support, as well as SEEA proposal development and encourages the development of a regional initiative; and WHEREAS, the Charlottesville City Council is requesting the Virginia General Assembly to enact legislation to enable the City of Charlottesville to create a clean energy financing program as exemplified by the Cambridge Energy Alliance; and WHEREAS, the County of Albemarle desires to create and implement a similar program or in cooperation with the City of Charlottesville to assist in providing a cleaner environment, a more prosperous economy, and a higher quality of life in the County and the Charlottesville community; and WHEREAS, enabling legislation may be necessary for the County of Albemarle to create and implement such a program if the County is awarded a grant by the SEEA. NOW THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors hereby requests that the Virginia General Assembly enact legislation to enable the City of Charlottesville as well as the County of Albemarle to develop and implement a clean energy financing program. 14 Attachment 5 RESOLUTION TO SUPPORT THE COUNTY, CITY AND UNIVERSITY WORKING COLLABORATIVELY TO ADDRESS ENERGY EFFICIENCY AND CLIMATE CHANGE WHEREAS, addressing energy efficiency and climate change will promote a cleaner environment, a more prosperous economy and a higher quality of life; and WHEREAS, the County of Albemarle, City of Charlottesville and University of Virginia have committed to promoting energy efficiency and climate change programs within their respective organizations; and WHEREAS, the County, City and University desire to work collaboratively to promote energy efficiency and address climate change goals for the community; NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors supports the County, City and University working cooperatively to discuss energy and climate change opportunities, including collaborating on developing a joint proposal for the Southeastern Energy Efficiency Alliance grant; and FURTHER RESOLVED to appoint a member of the Board of Supervisors and a member of the Planning Commission, to be the County’s representatives in such discussions and working groups.