HomeMy WebLinkAbout20110601actions 1
ACTIONS
Board of Supervisors Meeting of June 1, 2011
& June 2, 2011
June 7, 2011
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
Meeting was called to order at 9:01 a.m. by the
Chair, Ms. Mallek. All BOS members were
present. Also present were Tom Foley, Larry
Davis, Ella Jordan and Meagan Hoy.
4. Recognitions:
Removed from agenda.
5. From the Board: Matters not listed on the Agenda.
Ann Mallek:
Announced that Joe Henley, former member of
the Board of Supervisors from the White Hall
District passed away on Friday, May 27, 2011.
His funeral service will be held on Saturday,
June 4, 4:00 p.m., Crozet United Methodist
Church.
Said she will discuss issues related to biosolids
at the end of the meeting, under Other Matters
from the Board.
Suggested that at this time Board members
introduce topics that they plan to discuss under
Other Matters.
Duane Snow:
Suggested that when the Board gives staff
assignments that it rank the assignments as to
their importance in relation to other
assignments.
Ken Boyd:
Suggested putting Matters from the Board as
the last agenda item.
Rodney Thomas
Asked that the Board discuss removing all
opposing remarks of the Board of Supervisors
from the 1997 Resolution opposing the Route
29 Western Bypass.
Dennis Rooker
Reported that the Audit Committee recently
had a meeting and the Auditors pointed out
that the Finance Department is understaffed.
Some temporary staff has been brought in to
help with the situation. Mr. Foley commented
that the newly hired Finance Director will begin
on June 13th and will be assessing staffing
levels.
He will be proposing, at the end of the meeting,
that the Board adopt a resolution that makes it
clear that Board members who are appointed
to boards and committees are required to vote
on matters that come before those entities in a
manner that is consistent with the polices and
positions of this Board as reflected in
previously adopted resolutions or officials
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actions of the Board.
6. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
Charles Battig commented on the County‟s
membership in ICLEI and the County‟s
partnership with TJPDC in its application for
the Sustainable Communities Regional
Planning Grant.
Daniel Bowman, a County resident, expressed
support for the County‟s work in the area of
sustainability and in planning with the City and
University.
Saunders Midyett, a resident of Colthurst
Farms, asked that the Board replace its
representative on the MPO to a Supervisor
who supports the Board‟s formal position
opposing the Western Bypass.
Milton Moore, spoke about the Route 29
Western Bypass.
George Larie, President of the Charlottesville/
Albemarle Transportation Coalition and
member of Places29 Advisory Committee,
asked that the Board censure Mr. Thomas for
his statements to the MPO regarding the
Western Bypass and that he be removed as
the Board representative on the MPO.
Tom Olivier spoke about the County‟s
participation in sustainability programs.
Morgan Butler, of behalf of the Southern
Environmental Law Center, spoke in opposition
to the Route 29 Western Bypass.
Jeff Werner, on behalf of the Piedmont
Environmental Council, spoke in opposition to
the Route 29 Western Bypass. Also suggested
that the Board think about what the County is
doing about its environment before voting
against ICLEI.
Ray Caddell, a resident of 334 Dover Road,
thanked the Board for its response on his
concerns about the spread of human waste
next door to his house. Encouraged the Board
to protect the County‟s water supply and the
growth area from this practice.
Neil Williamson, on behalf of the Free
Enterprise Forum, suggested that the Board
allow the public an opportunity to speak on
matters at the end of the meeting after Board
members have spoken. He encouraged the
Board to consider live video streaming Board
meetings. In terms of the Route 29 Western
Bypass, suggested that additional studies and
a clear examination are needed.
Jane Williamson, spoke about the process she
went through to use biosolids on her land.
Invited Board members to take a tour of her
land to see what she has done.
Vic Pena, a County resident, spoke in
opposition to the County‟s participation in
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ICLEI.
7.2 DEQ Loan for Water Resources Projects -
Resolution approving the structure and execution
of various funding agreements with the Virginia
Resources Authority.
Pulled for discussion under Other Matters.
7.3 FY11 Budget Amendment and Appropriations.
Pulled for discussion under Other Matters.
7.4 Letter of Support for Rivanna River Basin
Commission Grant to National Fish and Wildlife
Foundation for project to develop Rivanna
Watershed Action Plan.
Pulled for discussion under Other Matters.
8. Board Agenda Process.
ADOPTED, by a vote of 6:0, the agenda
process as recommended by staff.
Clerk: Proceed as approved.
9. Development of the County‟s FY 12/13 – FY 17/18
Strategic Plan.
APPROVED, by a vote of 6:0, the
recommended process for development of the
FY 12/13- FY 17/18 Strategic Plan including
the proposed schedule, with the exception of
the citizen participation.
Lee Catlin/Lori Allshouse: Proceed as
approved.
10. Board-to-Board, Monthly Communications Report
from School Board, School Board Chairman.
RECEIVED.
11. Inmate Workforce Update, Sheriff Chip Harding.
RECEIVED.
CONSENSUS to direct staff to draft a
resolution of support for the program.
County Executive‟s office: Draft resolution
as requested.
14. Closed Meeting.
At 11:45 a.m., the Board went into a closed
meeting pursuant to Section 2.2-3711(A) of the
Code of Virginia under subsection (1) to
consider appointments to boards, committees,
and commissions; and under subsection (7) to
discuss with legal counsel specific legal
matters regarding a potential appeal of a BZA
decision.
15. Certified Closed Meeting.
At 2:00 p.m., the Board reconvened into open
meeting and certified the closed meeting.
16. Boards and Commissions: Appointments.
APPOINTED Naomi Ryan to the Advisory
Council on Aging with said term to expire May
31, 2015.
APPOINTED William Rich to the Equalization
Board as the Rio District Representative with
said term to expire December 31, 2011.
APPOINTED John Donohue to the Fiscal
Impact Advisory Committee with said term to
expire July 8, 2013.
APPOINTED Sarah Collie to the Housing
Committee as the UVA Representative with
said term to expire December 31, 2011.
APPOINTED Brian LaFontaine to the
Jefferson-Madison Regional Library Board with
said term to expire June 30, 2015.
Clerk: Prepare appointment/reappointment
letters, update Boards and Commissions book,
webpage, and notify appropriate persons.
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APPOINTED Diane Caton to the Pantops
Community Advisory Council with said term to
expire June 30, 2013.
REAPPOINTED Gregory MacDonald to the
CACVB with said term to expire
REAPPOINTED Craig Evans to the Fiscal
Impact Advisory Committee with said term to
expire July 8, 2013.
REAPPOINTED Jared Lowenstein, Steve
Thompson, and Jeff Werner to the Historic
Presentation Committee with said terms to
expire June 4, 2014.
REAPPOINTED Gary Grant to the Jefferson-
Madison Regional Library Board with said term
to expire June 30, 2015.
REAPPOINTED Lynwood Bell and Rita Krenz
to the Pantops Community Advisory Council
with said terms to expire June 30, 2013.
REAPPOINTED Albert LaFave to the Region
Ten Community Services Board with said term
to expire June 30, 2014.
REAPPOINTED Rod Gentry and Barbara
Kessler to the Workforce Investment Board
with said term s to expire June 30, 2012.
REAPPOINTED Amanda Moxham to the
Workforce Investment Board with said term to
expire June 30, 2014.
17.
Public Hearing: ZTA-2011-00001. Unlicensed
Wireless Broadband Internet Access.
ADOPTED, by a vote of 6:0, ZTA 2011-00001
[Ordinance No. 11-18(5)].
Clerk: Forward copy of signed ordinance to Bill
Fritz, Mark Graham, and County Attorney‟s
office.
(Attachment 1)
18.
Public Hearing: ZTA-2011-0003. Special Lots.
ADOPTED, by a vote of 6:0, ZTA-2011-0003
[Ordinance No. 1-18(6)].
Clerk: Forward copy of signed ordinance to
Amelia McCulley, Mark Graham, and County
Attorney‟s office.
(Attachment 2)
19.
Public Hearing: STA-2011-00001. Special Lots.
ADOPTED, by a vote of 6:0, STA-2011-00001
[Ordinance No. 11-14(1)].
Clerk: Forward copy of signed ordinance to
Amelia McCulley, Mark Graham, and County
Attorney‟s office.
(Attachment 3)
20.
Public Hearing: ZTA-2011-00004. Fees.
ADOPTED, by a vote of 6:0, ZTA-2011-00004
[Ordinance No. 11-18(7)].
Clerk: Forward copy of signed ordinance to
Mark Graham, Wayne Cilimberg, and County
Attorney‟s office.
(Attachment 4)
21.
Public Hearing: 10-03( ) – Agricultural and
Forestal Districts:
a. AFD-2011-00001. Hatton AFD – District
Review.
ADOPTED, by a vote of 6:0, Ordinance No.
11-03(1), to renew the Hatton Agricultural and
Forestal District for a period of ten years as set
out in the ordinance dated May 11, 2011.
b. AFD-2011-00002. Totier Creek AFD –
District Review.
ADOPTED, by a vote of 6:0, Ordinance No.
11-03(1), to renew the Totier Creek Agricultural
and Forestal District for a period of ten years
as set out in the ordinance dated May 11,
2011, including the withdrawal of Tax Map 135,
Clerk: Forward copy of signed ordinance to
County Attorney‟s office and Community
Development. Prepare letter for Chair‟s
signature.
(Attachment 5)
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Parcel 11 as requested by the owner.
22.
Public Hearing: ZMA-2010-00009. Republic
Capital Amendment (Sign #86).
DEFERRED indefinitely, by a vote of 6:0, ZMA-
2010-00009.
Clerk: Reschedule on agenda when ready to
come back to Board.
7.2 DEQ Loan for Water Resources Projects -
Resolution approving the structure and execution
of various funding agreements with the Virginia
Resources Authority.
ADOPTED Resolution approving the
necessary financial documents for the loan
(Prime Lease, Financing Lease, and Funding
Agreement between the Virginia Resources
Authority and the County of Albemarle) and
AUTHORIZED County Executive to execute
the documents, subject to their approval as to
form by the County Attorney.
Clerk: Forward copy of signed resolution to
Finance, General Services and County
Attorney‟s office.
(Attachment 6)
County Attorney‟s Office: Provide Clerk‟s office
with copy of fully executed document.
7.3 FY11 Budget Amendment and Appropriations.
APPROVED budget amendment in the amount
of $2,225,657.83 and APPROVED
Appropriations #2011077, #2011080,
#2011081, #2011082, and #2011083.
Mr. Boyd asked that staff add some clarity to
the revenue sources for appropriations.
Clerk: Forward copy of signed appropriations
to OMB, Finance and other appropriate
individuals.
OMB: Provide information as requested.
7.4 Letter of Support for Rivanna River Basin
Commission Grant to National Fish and Wildlife
Foundation for project to develop Rivanna
Watershed Action Plan.
APPROVED.
For grants, Mr. Boyd asked for the budget
impact of staff‟s time.
Mr. Rooker asked for information on the
amount of the grant and a summary of the
grant.
Clerk: Forward letter to Leslie Middleton.
County Executive staff: Provide information as
requested.
23. From the Board: Committee Reports and Matters
Not Listed on the Agenda.
Ann Mallek:
Discussed biosolids, and the importance of
having a process and proper testing done on
site.
Dennis Rooker:
Requested Board support of a resolution
clarifying that Board members are appointed to
the various Boards, Committees, and
Commissions to represent the interests of the
entire Board on those entities. The Board
ADOPTED, by a vote of 6:0, the attached
resolution.
Rodney Thomas:
Discussed the Route 29 Western Bypass, and
MOVED to remove the opposition language
from the Transportation Improvement Plan of
the MPO that opposes additional funding for
the Route 29 Western Bypass. The motion
FAILED by a vote of 3:3 (Dorrier, Mallek,
Rooker).
County Executive staff/David Blount: Add
discussion of biosolids to the Legislative
Agenda for the Fall.
(Attachment 7)
24. Adjourn.
The meeting was adjourned at 5:11 p.m. to
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June 2, 2011, 9:00 a.m., Monticello Fire
Station.
ACTIONS
Board of Supervisors Meeting of June 2, 2011
1. Call to Order.
Meeting was called to order at 9:17 a.m., in
Room 241, by the Chair, Ms. Mallek. All BOS
members were present. Also present were
Tom Foley, Larry Davis and Ella Jordan.
2. From the Board: Committee Reports and Matters
Not Listed on the Agenda.
Mr. Boyd provided an update on the pump
station Rivanna Pumping Station (Woolen
Mills).
3. Work Session: CIP Long Range Funding.
RECEIVED.
Requested that staff provide a scenario of what
.02 cents and 1.5 cents on the tax rate would
mean for funding capital projects.
County Executive: Provide information as
requested.
4. Adjourn.
The meeting was adjourned at 12:17 p.m.
ewj/mrh
Attachment 1 – Ordinance - Unlicensed Wireless Broadband Internet Access
Attachment 2 – Ordinance - Special Lots
Attachment 3 – Ordinance - Special Lots
Attachment 4 – Ordinance - Fees
Attachment 5 – Ordinance 11-03(1) – Agricultural and Forestal Districts
Attachment 6 – Resolution – DEQ
Attachment 7 – Resolution – Board members on Boards and Commissions
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ATTACHMENT 1
ORDINANCE NO. 11-18(5)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, 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, is hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
. . .
Personal wireless service facility: A facility for the provision of personal wireless services, as defined by 47
U.S.C. § 332 (Section 704 of the Telecommunications Act of 1996), including those Federa l Communications
Commission licensed commercial wireless telecommunications services such as cellular, personal
communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio
(ESMR), common carrier wireless exchange access services, unlicensed wireless services and, for the
purposes of this chapter, unlicensed wireless broadband internet access. (Added 10 -17-01; Amended 10-13-
04)
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ATTACHMENT 2
ORDINANCE NO. 11-18(6)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, AND
ARTICLE II, BASIC REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning,
Article I, General Regulations, and Article II, Basic Regulations, are hereby amended and reordained as
follows:
By Amending:
Sec. 3.1 Definitions
Sec. 4.2.1 Building site required
By Adding:
Sec. 2.1.7 Creation and use of special lots
Sec. 4.3.02 Special lots
Chapter 18. Zoning
Article I. General Regulations
Sec. 2.1.7 Creation and use of special lots
A special lot shall not be subject to the requirements of this chapter for the creation of a lot including, but not
limited to, the building site requirements in section 4.2.1, the frontage and lot width requirements in section
4.6.1, the area and bulk regulations of the zoning district in which the special lot is located and, for special
lots in the Rural Areas zoning district, the requirement in section 10.3 that each lot less than twenty-one (21)
acres in size have a development right. A special lot shall be subject to the requirements of this chapter
pertaining to the use of the special lot and the location of a building, structure, and improvements on a
special lot.
Sec. 3.1 Definitions
. . .
Special lot: The term “special lot” means a lot created to be used exclusively for public or private streets,
railroad rights-of-way and railroad lines, public utilities, publicly owned or operated public facilities, publicly
owned or operated parks, publicly or privately owned sites for personal wireless service facilities, central
water supplies and central sewerage systems as those terms are defined in chapter 16, stormwater
management facilities, cemeteries existing on June 8, 2011, conservation areas, preservation areas, open
space, and greenways.
. . .
Article II. Basic Regulations
Sec. 4.2.1 Building site required
No lot other than a special lot shall have less than one (1) building site. For purposes of this section, the
term “building site” shall mean a contiguous area of land in slopes of less than twenty-five (25) percent as
determined by reference to either topographic quadrangle maps of the Geological Survey - U. S. Department
of Interior (contour interval twenty [20] feet) or a source determined by the county engineer to be of superior
accuracy, exclusive of:
Any area located in the flood hazard overlay district or which is located under water;
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Any area located within two hundred (200) horizontal feet of the one hundred year floo d plain of any public
drinking water impoundment or within one hundred (100) horizontal feet of the edge of any tributary stream
to such impoundment; (Amended 11-11-87)
Any area designated as a resource protection areas on the resource protection areas map adopted pursuant
to chapter 17 of the Code of Albemarle; provided that nothing contained herein shall be deemed to prevent
or impair the program authority from exercising discretion as set forth in that chapter. (Added 9 -9-92)
Sec. 4.3.02 Special lots
Special lots shall be permitted in all zoning districts.
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ATTACHMENT 3
ORDINANCE NO. 11-14(1)
AN ORDINANCE TO AMEND CHAPTER 14, SUBDIVISION OF LAND, ARTICLE I, GENERAL
PROVISIONS, AND ARTICLE III, SUBDIVISION PLAT REQUIREMENTS AND DOCUMENTS TO BE
SUBMITTED, 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 14,
Subdivision of Land, Article I, General Provisions, and Article III, Subdivision Plat Requirements and
Documents to be Submitted, are hereby amended and reordained as follows:
By Amending:
Sec. 14-106 Definitions
Sec. 14-203 Fees
Sec. 14-209 Rural subdivisions
Sec. 14-302 Contents of preliminary plat
Sec. 14-303 Contents of final plat
Sec. 14-310 Health director approval of individual private wells and/or septic systems
By Adding:
Sec. 14-208.3 Plats creating special lots
Chapter 14. Subdivision of Land
Article I. General Provisions
Sec. 14-106 Definitions
The following definitions shall appl y in the interpretation and enforcement of this chapter:
. . .
Special lot: The term “special lot” means a lot created to be used exclusively for public or private streets,
railroad rights-of-way and railroad lines, public utilities, publicly owned or operated public facilities, publicly
owned or operated parks, publicly or privately owned sites for personal wireless service facilities, central
water supplies and central sewerage systems as those terms are defined in chapter 16, stormwater
management facilities, cemeteries existing on June 8, 2011, conservation areas, preservation areas, open
space, and greenways.
. . .
Remnant. The term “remnant” means any lot, other than one established as a special lot, which does not
meet the minimum lot requirements of this chapter and the zoning ordinance.
. . .
(§ 18-2 (part) 9-5-96, 4-13-88, 7-9-86, 3-29-78, 12-15-76, 4-21-76; § 18-56, 9-5-96, 10-17-79, 8-28-74; 1988
Code, §§ 18-2, 18-56; Ord. 98-A(1), 7-15-98; Ord. 02-14(1), 2-6-02; Ord. 05-14(1), 4-20-05, effective 6-20-
05)
State law reference--Va. Code § 15.2-2252.
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Sec. 14-203 Fees
Each subdivider shall pay a fee upon the submittal of a plat or other application, based on the
schedule below; provided that neither the county nor the county school board shall be required to pay any
fee if it is the applicant. The fee shall be in the form of cash or a check payable to the “County of Albemarle.”
. . .
C. Other subdivision plats:
1. Plat for a rural subdivision, family subdivision, or resubdivision: $69 0.00.
2. Plat for a boundary line adjustment: $200.00.
3. Plat creating one or more special lots and one residue lot: $88.00.
. . .
(9-5-96, 12-11-91, 6-7-89, 4-17-85, 12-1-82, 12-14-77, 3-2-77, 11-10-76, 8-28-74 (§ 3); 1988 Code, § 18-43;
Ord. 98-A(1), 7-15-98; Ord. 99-14(1), 6-16-99; Ord. 02-14(2), 7-3-02; Ord. 04-14(1), adopted 12-8-04,
effective 2-8-05; Ord. 05-14(1), 4-20-05, effective 6-20-05; Ord. 09-14(1), 5-13-09, effective 10-1-09)
State law reference--Va. Code § 15.2-2241(9).
Sec. 14-208.3 Subdivision creating a special lot and one residue lot
The following sections of this chapter shall apply to each subdivision creating one or more special
lots and one residue lot:
A. General: Sections 14-100 through 14-108.
B. Administration and procedure: Sections 14-200 through 14-204 and sections 14-209, 14-
226, 14-229 and 14-236.
C. Plat requirements and documents to be submitted: Sections 14-300, 14-301, 14-302(A)(1),
(3), (4), (5), (6), (7), (9), (10), (11), (14) and (15), 14-302(B)(1), (2), (4), (5), (6), (7), (8), (9) and (10), 14-
303(A), (B), (C), (D), (E), (F), (H), (I), (L), (O) and (P), 14-304, 14-305(B), 14-310, 14-312, 14-314 and 14-
316.
D. On-site improvements and design: Sections 14-406, 14-414, 14-416, 14-421, 14-426, 14-
427, 14-433 and 14-438.
Sec. 14-209 Rural subdivisions and subdivisions creating a special lot and one residue lot;
procedure.
Each plat for a rural subdivision or a subdivision creating one or more special lots and one residue
lot shall be submitted, reviewed and approved as follows:
A. The plat shall meet the standards for plats set forth in Virginia Code § 42.1-82.
B. Within sixty (60) days after submittal of the plat, the agent shall determine whether it
complies with the applicable requirements of this chapter. If the agent determines that the plat complies, he
shall approve the plat. If the agent determines that the plat does not comply, he shall inform the subdivider
in writing of the reasons for the denial, with citation to the applicable section of this chapter or other law, and
what corrections or modifications will permit approval. The agent shall either mail the notice of denial by first
class mail, or personally deliver it, to the subdivider. However, if the plat requires approval by any agency,
department or authority other than the county, and no evidence is provided at the time the plat is submitted
that approval has been obtained, the agent shall approve or disapprove the plat within thirty-five (35) days
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after receipt of approval from the agency, department or authority provided that the plat shall be approved or
denied not later than ninety (90) days after resubmittal of the plat.
(§ 18-13 (part), 9-5-96, 12-21-83; § 18-57 (part), 9-5-96, 1-3-96, 4-13-88, 12-21-83, 10-17-79, 8-28-74; § 18-
58 (part), 9-5-96, 8-28-74; 1988 Code, §§ 18-13, 18-57, 18-58; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-
05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(9), 15.2-2258.
Article III. Subdivision Plat Requirements and Documents to be Submitted
Sec. 14-302 Contents of preliminary plat
A preliminary plat shall contain the following information:
A. A preliminary plat shall contain the following information, which must be included in order for
a preliminary plat to be deemed complete under section 14-216(B):
. . .
10. Right of further division of proposed lots. The number of lots, as assigned by the
subdivider, into which each proposed lot may be further divided by right pursuant to section 10.3.1 of the
zoning ordinance, if applicable. The plat shall also contain the following note: “Parcel [letter or number] is
assigned [number] development rights and may/may not be further divided and when further divided these
rights shall not comprise more than [number] acres. The residue of Tax Map/Parcel [numbers] is retaining
[number] development rights and when further divided it shall not consist of more than [number] acres.”
Development rights need not be assigned to a special lot.
(9-5-96, 2-4-81, 8-28-74; 1988 Code, § 18-52; Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20-
05; Ord. 08-14(1), 2-6-08)
State law reference--Va. Code §§ 15.2-2241(1), 15.2-2258, 15.2-2262.
Sec. 14-303 Contents of final plat
In addition to containing all of the information required by section 14-302, except for the information
required by section 14-302(A)(12), a final plat shall contain the following information:
. . .
T. Special lots. If the subdivision creates a special lot, the following note shall be placed on the
plat: “Lot „X‟ is a special lot established solely for (insert purpose for the special lot as identified in the
definition of special lot in section 14-106).”
(9-5-96, 2-4-81, 8-28-74 (§ 8); 1988 Code, § 18-55; Ord. 98-A(1), 8-5-98; Ord. 02-14(1), 2-6-02; Ord. 05-
14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(1), 15.2-2262, 15.2-2264.
Sec. 14-310 Health director approval of individual private wells and/or septic systems.
If required as a condition of final plat approval, a final plat shall not be approved if individual private
wells are proposed for the subdivision until written approval has been received from the health director by
the agent. A final plat shall not be approved if septic systems are proposed for the subdi vision until written
approval has been received from the health director by the agent as follows:
A. The health director shall determine the suitability of the soil of each lot of the subdivision for
which septic systems with a conventional drain field will be constructed, and shall submit his opinion to the
agent.
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B. The health director may require as a condition of his approval of the installation of septic
systems and, whenever necessary for the satisfactory installation of the septic systems, that i ndividual lots
be graded and drained so as to assure the effective removal of surface water from each lot.
C. Special lots shall not be subject to this section unless the special lot is created for a water
supply or waste disposal purpose.
(Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2242(2), 15.2-2262.
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ATTACHMENT 4
ORDINANCE NO. 11-18(7)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, 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 IV, Procedure, is hereby amended and reordained as follows:
By Amending:
Sec. 35.1 Fees
Chapter 18. Zoning
Article IV. Procedure
Sec. 35.1 Fees.
Each applicant shall pay the following applicable fees, provided that neither the county nor the county school
board shall be required to pay any fee if it is the applicant:
a. Zoning text amendments: $1000.00
b. Zoning map amendments:
1. Less than 50 acres; application and first resubmission: $2500.00
2. Less than 50 acres; each additional resubmission: $1250.00
3. 50 acres or greater; application and first resubmission: $3500.00
4. 50 acres or greater; each additional resubmission: $1750.00
5. Deferral of scheduled public hearing at applicant‟s request: $180.00
c. Special use permits:
1. Additional lots under section 10.5.2.1, public utilities, day care center, home occupation
Class B, to amend existing special use permit, or to extend existing special use permit;
application and first resubmission: $1000.00
2. Additional lots under section 10.5.2.1, public utilities, day care center, home occupation
class B, to amend existing special use permit, or to extend existing special use permit; each
additional resubmission: $500.00
3. Signs reviewed by the board of zoning appeals: See subsection 35.1(f)
4. All other special use permits; application and first resubmission: $2000.00
5. All other special use permits; each additio nal resubmission: $1000.00
6. Deferral of scheduled public hearing at applicant‟s request: $180.00
7. Farmers‟ markets without an existing commercial entrance approved by the Virginia
Department of Transportation or without existing and adequate parking - $490.00.
8. Farmers‟ markets with an existing commercial entrance approved by the Virginia
Department of Transportation and with existing and adequate parking - $110.00.
d. Site plans:
1. Preliminary site plans; administrative review: $1200.00 plus $15 per dwelling unit and
$0.015 per square foot of nonresidential structure
2. Preliminary site plans; planning commission review: $1800.00 plus $15 per dwelling unit and
$0.015 per square foot of nonresidential structure
3. Final site plans; administrative review: $1500.00
4. Final site plans; planning commission review: $2000.00
5. Waiver of drawing of site plan under section 32.2: $1500.00
6. Site plan amendments under section 32.3.8 ¶2: $500.00 (minor); $100.00 (letter of revision)
7. All other site plan amendments (major): $1500.00
8. Appeals to the board of supervisors under section 32.4.2.7: $240.00
9. Reinstatement of review under section 32.4.2.1: $240.00
10. Reinstatement of review under section 32.4.2.4: $80.00
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11. Extension of period of validity: $475.00
12. Inspections pertaining to secured site plan improvements; per inspection: $280.00
13. Deferral of scheduled public meeting at applicant‟s request: $180.00
e. Certificates of appropriateness considered by the architectural review board (“ARB”):
1. For a site plan; per review by the ARB: $1000.00
2. For a building permit; per review by the ARB: $590.00
3. Amendment to approved certificate of appropriateness: $225.00
f. Matters considered by the board of zoning appeals:
1. Variances: $500.00
2. Appeals: $240.00
3. Special use permits for signs under section 4.15.5: $500.00
g Matters considered by the zoning administrator or other officials:
1. Official determinations regarding compliance: $185.00
2. All other official determinations, including development rights: $100.00
3. Zoning clearance for tourist lodging: $100.00
4. Zoning clearance for a home occupation, class A, a major home occupation, or a minor
home occupation: $25.00
5. Zoning clearance for temporary fundraising activi ty: No fee
6. All other zoning clearances: $50.00
7. Sign permits under section 4.15.4; no ARB review required: $25.00
8. Sign permits under section 4.15.4; ARB review required: $120.00
h. Groundwater assessments:
1. Tier 1 assessment under section 17-401: $50.00
2. Tier 3 assessment under section 17-403: $510.00
3. Tier 4 assessment under section 17-404: $1100.00
i. Miscellaneous:
1. Change in name of development or change in name of street: $80.00
2. Relief from conditions of approval; modification or waiver of requirements: $425.00
3. Tier II personal wireless service facilities: $1820.00
j. Required notice:
1. Preparing and mailing or delivering up to fifty (50) notices: $200.00, except for uses under
sections 5.1.47 and 5.2A, for which there shall be no fee.
2. Preparing and mailing or delivering, per notice more than fifty (50): $1.00 plus the actual
cost of first class postage.
3. Published notice: cost based on a cost quote from the publisher, except for farmers‟ markets
under section 35.1(c)(7) and (8) for which there shall be no fee.
The fee shall be in the form of cash or a check payable to the “County of Albemarle.” An application
presented without the required fee shall not be deemed to be submitted and shall not be processed. If th e
zoning administrator determines after a fee has been paid that the review and approval to which the fee
pertains is not required to establish the use or structure, the fee shall be refunded to the applicant in full.
(Amended 5- 5-82; 9-1-85; 7-1-87; 6-7-89; 12-11-91 to be effective 4-1-92; 7- 8-92; Ord. 10-18(7), adopted
8-4-10, effective 1-1-11; Ord. 11-18(1), 1-12-11)
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ATTACHMENT 5
ORDINANCE NO. 11-03(1)
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:
3-215 Hatton Agricultural and Forestal District
3-227 Totier Creek Agricultural and Forestal District
CHAPTER 3. AGRICULTURAL AND FORESTAL DISTRICTS
DIVISION 2. DISTRICTS
Sec. 3-215 Hatton Agricultural and Forestal District.
The district known as the "Hatton Agricultural and Forestal District" consists of the following
described properties: Tax map 135, parcels 13, 13A, 13B, 14B, 15, 15A, 15C, 17, 18, 19, 22, 22A, 22C,
22C1, 22C2; tax map 136, parcels 2A, 6B, 8H, 9, 9A2, 9B, 9C, 9D1, 9E. This district, created on June 29,
1983 for not more than 10 years and last reviewed on June 1, 2011, shall next be reviewed prior to June 1,
2021.
(Code 1988, § 2.1-4(a); Ord. 98-A(1), 8-5-98; Ord. 01-3(1), 6-20-01; Ord. 07-3(1), 7-11-07; Ord. 10-3(2), 7-7-
10)
Sec. 3-227 Totier Creek Agricultural and Forestal District.
The district known as the "Totier Creek Agricultural and Forestal District" consists of the following
described properties: Tax map 121, parcels 70A, 70B, 70D, 70E, 72C, 85, 85A; tax map 122, parcels 5, 5A;
tax map 128, parcels 13, 14A, 14B, 14C, 14D, 27, 29, 30, 72; tax map 129, parcels 3, 5, 6, 6A, 7A, 7D, 9; tax
map 130, parcels 1, 5A; tax map 134, parcel 3, 3A, 3B, 3C, 3D, 3E, 3F, 3G, 3H, 3I, 3J, 3K, 3L; tax map 135,
parcels 7, 10. This district, created on June 29, 1983 for not more than 10 years and last revie wed on June
1, 2011, shall next be reviewed prior to June 1, 2021.
(Code 1988, § 2.1-4(b); Ord. 98-A(1), 8-5-98; Ord. 01-3(1), 6-20-01)
17
ATTACHMENT 6
RESOLUTION TO APPROVE A LEASE FINANCING WITH
THE VIRGINIA RESOURCES AUTHORITY,
TO APPROVE THE FORM OF CERTAIN DOCUMENTS PREPARED IN
CONNECTION THEREWITH AND TO AUTHORIZE THE DISTRIBUTION,
EXECUTION AND DELIVERY OF THE SAME
WHEREAS, the Board of Supervisors (the “Board”) of the County of Albemarle, Virginia (the
“County”), desires to finance the costs of acquiring, designing and constructing stormwater management
projects in the County, together with related expenses (collectively, the “Project”);
WHEREAS, the County has applied to the Virginia Resources Authority (“VRA”), as administrator of
the Virginia Water Facilities Revolving Fund, to provide financing for the Project and VRA has indicated its
willingness to finance the Project for a principal amount not to exceed $400,000;
WHEREAS, there have been presented at this meeting (a) a draft of the Prime Lease (the “Prime
Lease”), pursuant to which the County desires to convey to VRA a leasehold interest in a fire truck owned by
the County (the “Equipment”) and (b) a draft of the Financing Lease (the “Financing Lease”), pursuant to
which VRA will lease the Equipment to the County, both of which the Board proposes to execute or approve
to carry out the purposes of the Project and copies of which shall be filed with the records of the Board;
WHEREAS, VRA has also determined to provide the County with a principal forgiveness loan in a
principal amount not to exceed $400,000, in accordance with the terms of a Funding Agreement to be dated
as of a date specified by VRA, between VRA and the County (the “Funding Agreement”), the form of which
has been presented to this meeting; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE
COUNTY, VIRGINIA:
1. Essentiality of Project. The Board confirms that the Project is essential to the efficient
operation of the County and anticipates that the Project will continue to be essential to the operations of the
County during the terms of the Financing Lease.
2. Authorization of Financing Documents. The forms of the Prime Lease, the Financing
Lease and the Funding Agreement submitted to this meeting are hereby approved and the County Executive
is authorized to execute the Prime Lease, the Financing Lease and the Funding Agreement in substantially
such forms, with such completions, omissions, insertions and changes not inconsistent with this Resolu tion
as may be necessary to effectuate the purposes therein, subject to approval as to form by the County
Attorney. All capitalized terms used but not defined herein shall have the same meaning as set forth in the
Financing Lease.
3. Terms of Financing Lease. The following plan for financing the Project is approved. The
County will lease the Equipment to VRA pursuant to the terms of the Prime Lease. Thereafter, VRA will
lease the Equipment to the County pursuant to the terms of the Financing Lease. The County will undertake
to make rental payments (“Rental Payments”) and additional payments (“Additional Payments”) to VRA
under the terms of the Financing Lease in amounts sufficient to repay the Lease Proceeds and to pay the
fees and expenses of VRA. The final pricing terms contained in the Financing Lease shall be determined by
the County Executive; provided, however, that (i) the aggregate total of principal components of the Rental
Payments shall not exceed $400,000, (ii) the term of the Financing Lease shall expire no later than
December 31, 2022, (iii) the interest component of the Rental Payments shall not exceed 2.93% per year,
and (iv) the principal components of the Rental Payments shall be subject to prepayment upon the terms set
forth in the Financing Lease. The plan of financing for the Project shall contain such additional requirements
and provisions as the County Executive may approve and determine to be in the best interest of the County.
4. Subject to Appropriation. The undertaking by the County under the Financing Lease to
make Rental Payments shall be a limited obligation of the County, payable solely from funds to be
appropriated by the Board from time to time for such purpose and shall not constitute a debt of the County
18
within the meaning of any constitutional or statutory limitation or a pledge of the faith and credit of the County
beyond any fiscal year for which the Board has lawfully appropriated from time to time. Nothing herein or in
the Financing Lease shall constitute a debt of t he County within the meaning of any constitutional or
statutory limitation or a pledge of the faith and credit or taxing power of the County.
5. Annual Budget. The Board believes that funds sufficient to make payment of all amounts
payable under the Financing Lease can be obtained. While recognizing that it is not empowered to make
any binding commitment to make such payments beyond the current fiscal year, the Board hereby states its
intent to make annual appropriations for future fiscal years in amounts sufficient to make all such payments
and hereby recommends that future Boards do likewise during the terms of the Financing Lease. The Board
directs the County‟s Director of Finance, or such other officer who may be charged with the responsibility for
preparing the County‟s annual budget, to include in the budget request for each fiscal year during the term of
the Financing Lease an amount sufficient to pay all amounts coming due under the Financing Lease during
such fiscal year. As soon as practicable after the submission of the County‟s annual budget to the Board,
the County Executive is authorized and directed to deliver to VRA evidence that a request for an amount
sufficient to make the payment of all amounts payable under the applicable Financing Lea se has been
made. Throughout the terms of the Financing Lease, the County Executive shall deliver to VRA within 30
days after the adoption of the budget for each fiscal year, but not later than July 1, a certificate stating
whether an amount equal to the Rental Payments and any other amounts due under each such Financing
Lease which will be due during the next fiscal year has been appropriated by the Board in such budget. If at
any time during any fiscal year of the County, through the fiscal year ending June 30, 2022, the amount
appropriated in the County‟s annual budget in any such fiscal year is insufficient to pay when due the
amounts payable under either Financing Lease, the Board directs the Director of Finance, or such other
officer who may be charged with the responsibility for preparing the County‟s annual budget, to submit to the
Board at the next scheduled meeting, or as promptly as practicable but in any event within 45 days, a
request for a supplemental appropriation sufficient to cover the def icit.
6. Other Actions. All other actions of officers of the County in conformity with the purposes
and intent of this Resolution and in furtherance of the financing of the Project are ratified, approved and
confirmed. The officers of the County are author ized and directed to execute and deliver all certificates and
other instruments and to take all actions considered necessary or desirable in connection with the execution
and delivery of the Financing Lease and the financing of the Project. Any authorizat ion herein to execute a
document shall include authorization to deliver it to the other parties thereto and to record such document
where appropriate.
7. Effective Date. This Resolution shall become effective immediately.
19
ATTACHMENT 7
RESOLUTION
WHEREAS, the Board of Supervisors (the Board) appoints its members to a variety of boards,
committees, and commissions to represent the interests of the Board on those entities; and
WHEREAS, it is important that the Board have confidence that its policies and positions are being
reflected in that representation;
NOW, THEREFORE, BE IT RESOLVED, that Board members who are appointed to boards,
committees and commissions are required to vote on matters that come before those entities in a manner
which is consistent with the policies and positions of the Board as reflected in previously adopted resolutions
or official action of the Board on such matters.