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ACTIONS
Board of Supervisors Meeting of December 11, 2013
December 12, 2013
AGENDA ITEM/ACTION
ASSIGNMENT
PODCAST
1. Call to Order.
Meeting was called to order at 4:05 p.m., by
the Chair, Ms. Mallek. All BOS members were
present. Also present were Tom Foley, Larry
Davis, Ella Jordan and Travis Morris.
Listen
2. Work Session: County’s Five-Year Financial Plan
– General Government.
HELD.
3. Recess.
At 5:09 p.m., the Board recessed.
6:00 P.M. – Regular Night Meeting
4. Call to Order.
Meeting was called to order at 6:05 p.m., by
the Chair, Ms. Mallek.
Listen
7. Adoption of Final Agenda.
ACCEPTED the final agenda.
8. Brief Announcements by Board Members.
There were none.
9. Recognitions:
a. William B. “Petie” Craddock
Chair recognized and thanked Mr. Petie
Craddock for his service as the interim
member of the Board of Supervisors
representing the Scottsville District.
b. Duane Snow
Chair recognized and thanked Mr. Duane
Snow for his service as a member of the Board
of Supervisors representing the Samuel Miller
District.
c. Rodney Thomas
Chair recognized and thanked Mr. Rodney
Thomas for his service as a member of the
Board of Supervisors representing the Rio
District.
d. Ian Buchanan – The First Tee of Charlottesville
On behalf of The First Tee of Charlottesville,
Mr. Phillip Seay congratulated and recognized
Mr. Ian Buchanan for his selection and
participation in the Nature Valley First Tee
Open at Pebble Beach.
e. Albemarle High School/VSA Charlottesville
Albemarle.
Albemarle High School students and VSA
participants, Tanner Wood, Joshua Rocker,
Shannon Flanagan and Daniel Blick presented
Supervisors with books of poetry.
10. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
Rodney Rich expressed his concerns on
closing the Ivy Landfill.
Rit Venerus, a resident of the Walnut Hills
Subdivision, spoke on the denial of claims filed
with the Airport blasting company.
Listen
11.1 SDP-2011-1. Hollymead Town Center Area A-1 Sarah Baldwin: Proceed as
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Special Exception to Authorize Variations from the
Application Plan and Proffers Associated with
ZMA2010-14.
APPROVED Variation Request #1 to reduce
the square footage of Building J, while
reserving the remaining square footage for
future development, and to change the parking
lot configuration and the number of parking
spaces as described in the Executive
Summary and consistent with the Application
Plan entitled “Hollymead Town Center Area A-
1 Minor Site Plan Amendment,” last revised
11/19/13.
approved.
Listen
11.2 Special exception for: Terra Voice Music Home
Occupation Class A, modification of Section
18.5.2.e of the Zoning Ordinance for traffic
generation.
APPROVED Special Exception to modify
Section 5.2 (e) of the Zoning Ordinance to
allow an increase in perm itted traffic
generation for HO-2013-160 above that
allowed by Section 5.2(e), subject to the
following condition:
1. No more than 30 clients per week
(Monday through Saturday).
David Benish: Proceed as
approved.
11.5 Joint Board of Supervisors/School Board Letter to
Legislators, re: support for three issues of concern.
AUTHORIZED the Chair to sign the joint letter
on behalf of the Board of Supervisors.
Clerk: Forward letter to County
Attorney’s office after Chair’s
signature.
12. Pb. Hrg: ACSA-2013-00002. Thomas Jefferson
Foundation, Inc. - Albemarle County Service
Authority (ACSA) Jurisdictional Area Request.
By a vote of 6:0, APPROVED ACSA-2013-
00002 with added additional language.
Clerk: Set out conditions of
approval. (Attachment 1)
Listen
13. Pb. Hrg: ZMA-2012-00003. Out of Bounds (Sign
#6).
By a vote of 6:0, APPROVED ZMA-2012-
00003, Out of Bounds inclusive of the proffers
dated November 18, 2013 and signed
November 25, 2013 and the Code of
Development dated 8/26/2013.
By a vote of 6:0, APPROVED the special
exception for a critical slopes modification for
ZMA 2012-00003, Out of Bounds as
recommended by staff.
Clerk: Set out proffers.
(Attachment 2)
Listen
14. Pb. Hrg: ZMA-2012-00004. Avon Park II (Signs
#89&91).
By a vote of 6:0, APPROVED ZMA-2012-
00004, Avon Park II with proffers dated
November 21, 2013 and application plan.
Clerk: Set out proffers.
(Attachment 3)
Listen
15. Pb. Hrg: ZMA-2013-000001. The Lofts At
Meadowcreek (Sign #15).
By a vote of 5:1 (Rooker), APPROVED ZMA-
2013-00001 with revised proffers dated
November 11, 2013, code of development and
application plan, and APPROVED waiver of
Section 20A.8 (a) and (b), Mixture of Uses and
Housing Types; waiver of Section 4.12.2 c.1,
Number of parking spaces, and waiver of
Section 4.2 Critical Slopes of the Zoning
Clerk: Set out proffers.
(Attachment 4)
Listen
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Ordinance.
16. Pb. Hrg: ZMA-2012-00005. Hollymead Town
Center (A-1) (Signs #33&35).
By a vote of 6:0, APPROVED ZMA-2012-
00005 with proffers dated October 1, 2013 as
directed by staff.
Clerk: Set out proffers.
(Attachment 5)
Listen
17. Pb. Hrg: ZMA-2013-00007. North Pointe
Amendment (Signs #61&62).
By a vote of 6:0, APPROVED ZMA-2013-
00007 with amended proffers dated August 5,
2013 as recommended by the Planning
Commission and staff.
Clerk: Set out proffers.
(Attachment 6)
Listen
18. Pb. Hrg: ZMA-2013-00002. Pantops Corner
(Sign #66).
By a vote of 6:0, APPROVED ZMA-2013-
00002, Pantops Corner with proffers dated
November 26, 2013.
Clerk: Set out proffers.
(Attachment 7)
Listen
19. Pb. Hrg: SP-2013-000015. Mahone Family (Sign
#12).
By a vote of 6:0, DEFERRED indefinitely SP-
2013-000015.
By a vote of 4:2 (Dittmar/Mallek), APPROVED
SP-2013-000015, subject to two conditions.
Clerk: Set out conditions of
approval. (Attachment 1)
Listen
20. Pb. Hrg: ZTA-2013-00006. Residential and
Industrial Uses in Downtown Crozet Zoning
District (“DCD”).
By a vote of 6:0, ADOPTED Ordinance No.13-
18(8).
Clerk: Forward copy of signed
ordinance to County Attorney’s
office and Community
Development. (Attachment 8)
Listen
21 From the Board: Committee Reports and Matters
Not Listed on the Agenda.
Duane Snow:
Spoke on Mr. Rit Venerus’s earlier comments
on airport blasting claims.
Rodney Thomas:
Announced that work in Belvedere is moving
along and is close to completion.
Jane Dittmar:
Thanked outgoing Supervisors for their service
to the County and their help to her.
Listen
22. From the County Executive: Report on Matters
Not Listed on the Agenda.
There were none.
23. Adjourn to December 12, 2013, 3:00 p.m., Room
241.
At 10:00 p.m., the meeting was adjourned.
ewj/tom
Attachment 1 – Conditions on Planning Items
Attachment 2 – Proffers – ZMA-2012-00003. Out of Bounds
Attachment 3 – Proffers – ZMA-2012-00004. Avon Park II
Attachment 4 – Proffers – ZMA-2013-00001. The Lofts At Meadowcreek
Attachment 5 – Proffers – ZMA-2012-00005. Hollymead Town Center (A-1)
Attachment 6 – Proffers – ZMA-2013-00007. North Pointe Amendment
Attachment 7 – Proffers – ZMA-2013-00002. Pantops Corner
Attachment 8 – Ordinance No. 13-18(8)
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ATTACHMENT 1
CONDITIONS OF APPROVAL
ACSA-2013-00002. Thomas Jefferson Foundation, Inc. - Albemarle County Service Authority (ACSA)
Jurisdictional Area Request.
Amendment of the ACSA Jurisdictional Area boundary shall provide limited service as follows:
1. Sewer service to the Monticello Main House area, including the main house, president’s house, staff offices,
original gift shop, restrooms and other existing structures on the property on December 10, 2013 consistent
with the approved application plan for the Monticello Historic District (TMP 78-22).
2. Sewer service to the Visitor Center (also TMP 78-22 and 23) and other existing structures on the property
on December 10, 2013 consistent with the approved application plan for the Monticello Historic D istrict, and
a map correction to the Jurisdictional Area Map to include the visitor center site for water service.
3. Water and sewer service to Kenwood House (International Center for Jefferson Studies) (TMP 92-01),
future administrative campus and other existing structures on the property on December 10, 2013
consistent with the approved application plan for the Monticello Historic District (TMP 78-25).
4. Water and sewer service to the Robert Smith Center at Montalto and other existing structures on th e
property on December 10, 2013 consistent with the approved application plan for the Monticello Historic
District (TMP 77-31).
_____
SP-2013-000015. Mahone Family (Sign #12).
1. The proposed subdivision of Tax Map 89 Parcel 62B shall only be permitted as a “family subdivision” as
provided by Chapter 14 of the Albemarle County Code; and
2. The family division period to retain the property, as provided by Chapter 14 of the Albemarle County Code,
shall be extended to thirty (30) years.
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ATTACHMENT 2
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ATTACHMENT 3
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ATTACHMENT 4
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ATTACHMENT 5
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ATTACHMENT 6
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ATTACHMENT 7
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ATTACHMENT 8
ORDINANCE NO. 13-18(8)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE III, DISTRICT REGULATIONS, OF THE CODE
OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article
III, District Regulations, is hereby amended and reordained as follows:
By Amending:
Sec. 20B.2 Permitted Uses
By Adding:
Sec. 20B.8 Residential uses allowed by special use permit; additional factors when considering special use
permits
Chapter 18. Zoning
Article III. District Regulations
Section 20B. Downtown Crozet District – DCD
Sec. 20B.2 Permitted Uses
The following uses shall be permitted in the DCD, subject to the regulations in this section:
A. By right uses; retail and service. The following retail and service uses are permitted by right:
1. Antique, gift, jewelry, notion and craft shops.
2. Automobile, truck repair shops excluding body shops.
3. Barber, beauty shops.
4. Clothing, apparel and shoe shops.
5. Commercial recreation establishments including, but not lim ited to, amusement centers,
bowling alleys, pool halls and dance halls.
6. Convalescent homes (reference 5.1.13).
7. Convenience stores.
8. Department stores.
9. Drug stores, pharmacies.
10. Factory outlet stores, clothing and fabric.
11. Farmers’ markets (reference 5.1.47). (Amended 5-5-10)
12. Feed and seed stores (reference 5.1.22).
13. Financial institutions.
14. Fire extinguisher and security products sales and service.
15. Florists.
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16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary
and wine and cheese shops.
17. Funeral homes.
18. Furniture and home appliances sales and service.
19. Hardware stores.
20. Health spas.
21. Hotels, motels and inns.
22. Indoor athletic facilities.
23. (Repealed 12-11-13)
24. Laundries, dry cleaners.
25. Musical instrument sales and repair.
26. New automotive parts sales.
27. Newspaper publishing.
28. Newsstands, magazines, pipe and tobacco shops.
29. Nursing homes (reference 5.1.13).
30. Office and business machines sales and service.
31. Optical goods sales and service.
32. Photographic goods sales and service.
33. (Repealed 12-11-13)
34. Restaurants.
35. Retail nurseries and greenhouses.
36. Service stations.
37. Sporting goods sales.
38. Tailors and seamstresses.
39. Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
40. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
41. Tourist lodging.
42. Visual and audio appliances.
43. Laboratories/Research and Development/Experimental Testing.
B. By right uses; office. The following office uses are permitted by right:
1. Offices.
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2. Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
C. By right uses; public and civic. The following public and civic uses are permitted by right:
1. Churches.
2. Clubs, lodges (reference 5.1.02).
3. Conference centers, outdoor auditoriums, public art or kiosks.
4. Cultural arts centers.
5. Day care centers (reference 5.1.06).
6. Water, sewer, energy and communications distribution facilities.
7. Fire, ambulance and rescue squad stations (reference 5.1.09).
8 Libraries.
9. Outdoor performance areas.
10. Parking structures and stand alone parking structures (reference 4.12 and 5.1.41).
11. Private schools.
12. Public uses (reference 5.1.12).
13. Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
14. Theaters, live and movie, including multi-screen movie theaters.
D. By right uses; residential. The following residential uses are permitted by right, provided that the
first floor of the building in which the residential use exists is designed for and occupied only by a
use permitted by subsections 20B.2(A), (B), (C) or (E):
1. Apartments, either as a single-family dwelling or as a multiple-family dwelling.
2. Attached single-family dwellings such as townhouses.
3. Boarding houses.
4. Condominiums.
5. Group homes (reference 5.1.07).
6. Tourist lodging within detached single-family dwellings existing on June 4, 2008.
7. Dwellings occupied by the owner or employees of a permitted commercial use, and their
families (reference 5.1.21).
8. Family day homes (reference 5.1.56). (Added 9-11-13)
E. By special use permit; non-residential uses. The following non-residential uses are permitted by
special use permit:
1. (Repealed 12-11-13)
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2. (Repealed 12-11-13)
3. (Repealed 12-11-13)
4. Car washes.
5. (Repealed 12-11-13)
6. (Repealed 12-11-13)
7. Drive-through windows.
8. Energy and communications transmission facilities (reference 5.1.12).
9. Hospitals.
10. (Repealed 12-11-13)
11. (Repealed 12-11-13)
12. Preparation of printing plates including typesetting, etching and engraving.
13. Stand-alone parking (reference 4.12).
14. (Repealed 12-11-13)
15. Tier III personal wireless service facilities (reference 5.1.40).
16. Towing and storage of motor vehicles (reference 5.1.32).
17. Veterinary offices and animal hospitals.
18. Storage/Warehousing/Distribution/Transportation.
19. Manufacturing/Processing/Assembly/Fabrication and Recycling.
F. By special use permit; residential uses. The following residential uses are permitted by special use
permit without the restriction on first floor uses required by subsection 20B.2(D), provided that there is
no other use permitted by subsections 20B.2(A), (B), (C) or (E) on the same lot:
1. Apartments, either as a single-family dwelling or as a multiple-family dwelling.
2. Attached single-family dwellings such as townhouses.
3. Boarding houses.
4. Condominiums.
5. Detached single-family dwellings
6. Group homes (reference 5.1.07).
7. Tourist lodging within detached single-family dwellings existing on June 4, 2008.
8. Dwellings occupied by the owner or employees of a permitted commercial use, and their
families (reference 5.1.21).
9. Family day homes (reference 5.1.56). (Added 9-11-13)
G. Accessory uses and structures. Accessory uses and structures are permitted, including but not
limited to: (i) home occupations, Class A and Class B (reference 5.2) for primary residential uses;
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(ii) storage buildings for primary residential and non-residential uses; (iii) outdoor performance
areas for primary cultural arts center uses; and (iv) prototype manufacturing for research and
development uses.
Sec. 20B.8 Residential uses allowed by special use permit; additional factors when considering special use
permits
In evaluating a request for a special use permit for a non-residential use under section 20B.2(E) or a
residential use under section 20B.2(F), the board shall consider the following factors in addition to those
delineated in section 33.8:
A. The proposed use should be consistent with the recommendations for the Downtown area in the
Crozet Master Plan.
B. The proposed use and its proposed size should be consistent with the purpose and intent of the
Downtown Crozet District as stated in section 20B.1.
C. The proposed use in its location should complement adjacent uses and contribute to a mix of uses
in the Downtown Crozet District.
D. Whether the part of the structure in which the proposed use will be located can be converted to
accommodate by right uses in the Downtown Crozet District.