HomeMy WebLinkAbout2013-3-06Tentative
BOARD OF SUPERVISORS
T E N T A T I V E
SPECIAL MEETING (9:00 A.M.) AND REGULAR NIGHT MEETING (6:00 P.M.)
MARCH 13, 2013
AUDITORIUM
COUNTY OFFICE BUILDING
1. Call to Order.
2. Consent Agenda (on next sheet).
Discussion/Action Items:
3. To give notice of an intent to amend the Board’s Rules of Procedure to provide time limit for
the initial “Matters from the Public” and to add another opportunity for “Matters from the Public” at
the end of the agenda.
4. To establish a public process for appointing an interim Board member to hold office until a
special election is held if a vacancy occurs on the Board.
5. Financial Management Policies.
6. Industrial Hemp Farming Act of 2013.
7. Solid Waste Services RFP.
8. Closed Meeting.
9. Certify Closed Meeting.
10. Boards and Commissions:
a. To remove Chris Dumler from all Board appointed positions on boards, committees
and commissions and to appoint replacement members.
b. Vacancies/Appointments.
1:30 p.m. - Presentations:
11. “Counting the Costs and Benefits of Growth: A Fiscal Impact Analysis of Growth in the City
of Charlottesville and Albemarle County, Virginia.”
12. Department of Social Services Advisory Board Annual Report.
13. Virginia Pre-School Initiative “Bright Stars” Annual Report.
Work Session:
14. ZTA-2013-01. Phase I – Wireless.
4:00 p.m. – Room 241 – Joint Meeting with School Board
15. Discussion: Medical and Dental Insurance Programs.
16. Adjourn
file:////coba-webapp01/BOSForms/Agenda/2013Files/0306/0.0_Agenda.htm (1 of 5) [10/2/2020 3:37:32 PM]
Tentative
6:00 p.m. - Auditorium
1. Call to Order.
2. Pledge of Allegiance.
3. Moment of Silence.
4. Adoption of Final Agenda.
5. Brief Announcements by Board Members.
6. Recognitions:
a. Proclamation recognizing March 20 through March 24, 2013 as the 19th Annual
Virginia Festival of the Book.
7. From the Public: Matters Not Listed for Public Hearing on the Agenda.
Public Hearings:
8. To consider granting a water line easement to the Albemarle County Service Authority
across property owned by the County located on Berkmar Drive adjacent to Agnor-Hurt Elementary
School (Parcel 04500-00-00-09400). This easement is necessary for the replacement of a water
line along Berkmar Drive that provides water service to Greenfields Trailer Park.
9. SP-2012-00029. 5th Street Station (Sign #120). PROPOSED: Special Use Permit -
fill in the flood plain on approximately 87.0+/- acres. No dwellings proposed. SECTIONS: 30.3.05.2.1
(2), 30.3.05.2.2(1), 30.3.05.2.2(3), which allows fill of land in floodways. ZONING: PD-SC Planned
Development Shopping Center – which allows shopping centers, retail sales and service uses;
residential by special use permit (15 units/acre) ENTRANCE CORRIDOR: Yes. COMPREHENSIVE
PLAN: Community Service/Mixed Use-community-scale retail wholesale, business and medical
offices, mixed use core communities and/or employment services, and residential (6.01-34 units/
acre) Neighborhoods 4 & 5. LOCATION: Northeast intersection of Interstate 64 and Fifth Street
Extended (Rt 631), bounded on the east by Avon Street Extended. Access is Bent Creek Road. TAX
MAP/PARCEL: TMP076M10000002A0, 076M10000002B0, 076M10000004A0, and
0770000000011E0. MAGISTERIAL DISTRICT: Scottsville.
10. ZTA-2010-00004. Industrial Uses. Amend Secs. 3.1, Definitions, 4.14.5, Certified
engineer’s report, 5.1.10, Junk yards, 5.1.15, Sawmill, temporary or permanent, 5.1.20, Sale and/or
storage of petroleum products including kerosene, gasoline, and heating oil, 5.1.21, Dwellings in
commercial and industrial districts, 5.1.31, Body shop, 8.5.5.2, Review of site plans and subdivision
plats, 26.1, Intent, where permitted, 26.3, Permitted and accessory uses and structures, 26.6,
Height regulations, 26.10, Minimum yards requirements, 27.1, Intent, where permitted, 27.2,
Permitted uses, 27.4, Additional requirement, 28.1, Intent, where permitted, 28.2, Permitted uses,
28.4, Additional requirements, 29.1, Intent, where permitted, 29.2, Permitted uses, 29.5, Additional
requirements; by adding Secs. 26.3 (renumbering current 26.3), Independent office and general
commercial uses; additional factors when considering special use permits; 5.1.49, Dry cleaning
plants, 5.1.50, Foundries, 5.1.51, Outdoor activities, 5.1.52, Outdoor storage, 5.1.53, Rendering
facilities, 5.1.54, Slaughterhouses, 5.1.55, Tire recycling yards, 26.6, Site development and use; and
by repealing Secs. 26.2, Application, 26.4, Standard ratios, 26.5, Off-street parking and loading
requirements, 26.7, Performance standards, 26.8, Sign regulations, 26.9, Minimum landscaped
area, 26.11, Utility requirements, 26.12, Site planning – external relationships, 26.12.1, Vehicular
access, 26.13, Building separation, 27.2.1, By right, 27.2.2, By special use permit, 27.3, Minimum
area required for establishment of district, 28.2.1, By right, 28.2.2, By special use permit, 28.3,
Minimum area required for establishment of district, 29.2.1, By right – Category I, 29.2.2, By special
use permit – Category I , 29.2.3, By right – Category II, 29.2.4, By special use permit – Category II,
29.3, Minimum area required for creation of district, 29.4, Number of permitted uses; of Chapter 18,
file:////coba-webapp01/BOSForms/Agenda/2013Files/0306/0.0_Agenda.htm (2 of 5) [10/2/2020 3:37:32 PM]
Tentative
Zoning, of the Albemarle County Code. This ordinance would amend the regulations pertaining to
industrial uses by adding definitions pertaining to certain industrial and common use classifications
(3.1); amend the requirements for the certified engineer’s report (4.14.5); amend and add
supplemental regulations applicable to several uses that are industrial in character (5.1.10, 5.1.15,
5.1.20, 5.1.21, 5.1.31; 5.1.49, 5.1.50, 5.1.51, 5.1.52, 5.1.53, 5.1.54, 5.1.55); amend the regulations
for the review of site plans and subdivision plats within the PD-IP zoning district (8.5.5.2); and
amend the industrial zoning district regulations by revising each district’s stated intent, the uses
allowed by right and by special use permit, the area of certain uses allowed by right and by special
exception, the accessory uses allowed and prohibited, and other uses prohibited, by renumbering
and reorganizing those district regulations, and by repealing certain regulations (26.1 through 29.4).
11. ZTA-2012-00013. Industrial Uses in Commercial Districts. Amend Secs. 3.1,
Definitions, 20.3.1, By right, 20.3.2, By special use permit, 20A.6, Permitted uses, 20B.2, Permitted
uses, 22.2.1, By right, 22.2.2, By special use permit, 23.2.1, By right, 23.2.2, By special use permit,
24.2.1, By right, 24.2.2, By special use permit, 25.2.1, By right, 25.2.2, By special use permit,
25A.2.1, By right, 25A.2.2, By special use permit; of Chapter 18, Zoning, of the Albemarle County
Code. This ordinance would amend the regulations by updating terminology for several use
classifications in all of the above-referenced sections; deleting the “medical center” use classification
in the Downtown Crozet (20B.2) and Commercial (22.2.1) districts with the use to be absorbed into
the “office” or “hospital” classifications; adding Laboratories/Research and Development/
Experimental Testing and Manufacturing/Processing/Assembly/ Fabrication and Recycling as by
right uses up to 4000 sq. ft. and requiring a special exception to exceed 4000 sq. ft. (22.2.1) and
adding Storage/Warehousing/Distribution/Transportation as a special use (22.2.2) in the
Commercial district; adding Laboratories/Research and Development/Experimental Testing as a by
right use up to 4000 sq. ft. and requiring a special exception to exceed 4000 sq. ft. (23.2.1) and
adding Manufacturing/Processing/Assembly/ Fabrication and Recycling and Storage/Warehousing/
Distribution/ Transportation as special uses (23.2.2) in the Commercial Office district; and adding
Laboratories/Research and Development/Experimental Testing, Manufacturing/Processing/
Assembly/ Fabrication and Recycling and Storage/Warehousing/Distribution/ Transportation as by
right uses up to 4000 sq. ft. and requiring a special exception to exceed 4000 sq. ft. (24.2.1) in the
Highway Commercial district. These uses would also be allowed in those planned districts (20A.6,
25.2.1, 25A.2.1 and 25A.2.2) that cross-reference uses allowed in the commercial districts.
12. From the Board: Committee Reports and Matters Not Listed on the Agenda.
13. From the County Executive: Report on Matters Not Listed on the Agenda.
14. Adjourn to March 27, 2013, 6:00 p.m., Auditorium.
CONSENT AGENDA
FOR APPROVAL:
2.1 Approval of Minutes: December 5, 2012 and January 9, 2013.
2.2 FY 2013 Budget Amendment and Appropriations.
file:////coba-webapp01/BOSForms/Agenda/2013Files/0306/0.0_Agenda.htm (3 of 5) [10/2/2020 3:37:32 PM]
Tentative
2.3 Resolution to accept road(s) in West Hall Subdivision into the State Secondary System of
Highways.
2.4 SDP-2011-00064. Senior Center – Belvedere Block 1, Preliminary Site Plan – Variations
from Belvedere Code of Development.
2.5 Road name change of Proffit Crossing to Proffit Crossing Lane.
2.6 To authorize County Executive to sign Albemarle County Service Authority easement for a
public waterline extension across Darden Towe Park to serve the Lewis and Clark Exploratory
Center.
2.7 Resolution to approve the issuance of Economic Development Authority revenue refunding
bonds in an amount not to exceed $8,000,000.
2.8 SDP-2012-00071. – Special Exception for Temporary Construction Yard.
2.9 Bergen (Earlysville Forest) (Lot 166-Section 9B) - Special Exception for Setback Variation.
2.10 Resolution Endorsing the Rail Preservation Application of Buckingham Branch Railroad
Company.
FOR INFORMATION:
2.11 County Grants Application Report.
2.12 VDOT – Culpeper District, Monthly Report for Albemarle County, March, 2013.
2.13 Board-to-Board, March 2013, A Monthly Report from the Albemarle County School Board to
the Albemarle County Board of Supervisors.
NEW: CLICK HERE TO SIGN UP TO SPEAK AT PUBLIC HEARINGS ONLY -
THIS DOES NOT INCLUDE SIGN UP FOR OTHER MATTERS
Return to Top of Agenda
Return to Board of Supervisors Home Page
Return to County Home Page
file:////coba-webapp01/BOSForms/Agenda/2013Files/0306/0.0_Agenda.htm (4 of 5) [10/2/2020 3:37:32 PM]
Tentative
file:////coba-webapp01/BOSForms/Agenda/2013Files/0306/0.0_Agenda.htm (5 of 5) [10/2/2020 3:37:32 PM]
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
SDP-2012-00071 – Special Exception for Temporary
Construction Yard
SUBJECT/PROPOSAL/REQUEST:
Request for special exception to allow Temporary
Construction Yard for Dominion Virginia Power Dooms-
Bremo Line Rebuild to be located off-site.
STAFF CONTACT(S):
Messrs. Foley, Davis, Kamptner, Graham, and Higgins,
and Ms. McCulley
PRESENTER (S): N/A
LEGAL REVIEW: Yes
AGENDA DATE:
March 13, 2013
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
As part of the Dooms-Bremo electric transmission line rebuild project, Dominion Virginia Power (DVP) has been exploring
various options for its temporary construction and materials laydown yard(s). Due to the nature of the project with all work
taking place within a linear easement, DVP is unable to identify suitable areas along the easement for this purpose. DVP
staff has studied nine other sites that would meet DVP’s criteria, and the Ivy Material Utilization Center (MUC) property is
the only site that meets the criteria and suits DVP’s needs. Because County Code § 5.1.18 b. 2 requires such yards to be
“within the same site where the construction project is located,” the Rivanna Solid Waste Authority (RSWA) and DVP are
requesting a special exception to waive this requirement so DVP can use a portion of RSWA’s MUC property.
STRATEGIC PLAN:
Goal 2. Provide community facilities that m eet existing and future needs.
DISCUSSION:
DVP has located the laydown areas in portions of the MUC property where there are no critical slopes and no stream
buffers, and where no grading is required to use and access the area. These locations were chosen because the
access to these locations is established and safe. The total number of vehicle trips expected over the weeks that the
materials will be brought in is 230 (115 in and 115 out), and another 230 total over the 21-24 months that the
construction project will be active. VDOT has stated it has no concerns with this small amount of traffic spread out
over many months. Staff from Engineering, Planning, RSWA and VDOT have reviewed the proposal and expressed
no objections to it as outlined in the application narrative (Attachment A). The property is zoned Rural Areas and a
temporary construction yard is a permitted use in that district.
BUDGET IMPACT:
DVP will be leasing the laydown areas from the RSWA for a period of up to two years. The lease has not been
finalized, but execution of it will result in some additional revenue to the RSWA without cost to the County.
RECOMMENDATIONS:
Staff recommends approval of the special exception, subject to the following conditions:
1. The temporary construction yard for Dominion Virginia Power’s Dooms-Bremo Rebuild Project shall be located
in those areas of Tax Map and Parcel Number 07300-00-00-02800 shown on the drawing titled “Dooms-
Bremo Rebuilt Project’s Temporary Laydown Yard at Ivy Landfill,” dated January 18, 2013 (Attachment B).
2. The temporary construction yard shall be used only for the storage of construction or development materials,
supplies, equipment, and tools, and the on-site stockpiling and recycling of useable construction materials and
other items of Dominion Virginia Power for its Dooms-Bremo Rebuilt Project.
3. Because this special exception authorizes only the temporary construction yard to be located off-site from the
construction project, the temporary construction yard shall comply with all other requirements of County Code
§ 18-5.1.18(b).
AGENDA TITLE: SDP-2012-00071 – Special Exception for Temporary Construction Yard
March 13, 2013
Page 2
4. Any activities associated with the temporary construction yard shall be conducted during Ivy Material Utilization
Center’s hours of operation.
ATTACHMENTS:
A – Application and Narrative for Supplementary Regulations Waiver
B – Site Drawing for Dooms-Bremo Temporary Laydown Yard
Return to consent agenda
Return to regular agenda
3 1
2
5
4a 4b
0 0.03 0.06 0.09 0.120.015 Miles
³
Legend
storage area boundary
Water Protection Ordinance Buffers
Landfill BoundaryDate: 12/6/2012Dooms-Bremo Rebuild Project'sTemporary Laydown Yardat Ivy Land Fill
Path: R:\RICH GEN OFFICE\1\Data5\RoW\ET_Permitting\Dooms-Sherwood and Sherwood Bremo, NW992324\Laydown yard\land_fill_laydown with stream buffers.mxdJa nuary 18 , 2013
Bergen-Earlysville Forest Variation
March 13, 2013-BOS
1
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Bergen Special Exception-Setback Variation Earlysville
Forest (Lot 168-Section 9B)
SUBJECT/PROPOSAL/REQUEST:
Approval of a special exception to allow a variation to
rear yard requirements pursuant to Section 8.5.5.3
Variations From Approved Plans, Codes, And Standards
Of Developments
STAFF CONTACT(S):
Mr. Benish and Ms. Ragsdale
LEGAL REVIEW: No
AGENDA DATE: March 13, 2013
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
Earlysville Forest is zoned PUD-Planned Unit Development. Setback and yard requirements for PUDs are established by
the Board at the time of rezoning. On March 19, 1986, the Board of Supervisors approved ZMA 85-33, an amendment to
ZMA 81-11-Earlysville Forest, to increase the number of lots permitted and establish setbacks for Section 9 (30’-Front,
25’-Sides, and 20’-Rear), along with a 30’ building separation requirement. The plat for Section 9B (SUB 86-185) was
approved on November 11, 1986 by the Planning Commission. The existing house on the applicant’s parcel (Lot 168) was
constructed in 1987. In 1993, a building permit and Certificate of Occupancy were issued for a sunroom add ition on the
back of the house. Recently, a physical survey of the property was done (Attachment A) and shows that that the back
corner of the sunroom is as close as 16.5’ to the rear property line. The applicant is requesting a variation to the 20’ rear
setback/yard requirement.
STRATEGIC PLAN:
Goal 5: Ensure the health and safety of the community.
DISCUSSION:
The applicant has requested a variation to reduce the rear setback from 20’ to 16.5’, which is a 3.5’ reduction. Section
8.5.5.3(a) authorizes the Director of Planning to grant variations from the approved standards of development, application
plan and/ or code of development. However, due to a recent State Supreme Court decision, these variations must now be
approved by the Board of Supervisors as a Special Exception under Chapter 18 Section 31.8. Staff is recommending
approval of this variation request.
VARIATION
The applicant submitted the following request: To allow the minimum rear building setback to be decreased by 3.5 feet.
Staff analysis of the variation request is provided below:
1) The variation is consistent with the goals and objectives of the comprehensive plan.
The design is consistent with the goals and objectives of the comprehensive pla n.
2) The variation does not increase the approved development density or intensity of development.
Density is not increased and this variation will address an existing condition. The 30’ building separation
requirement will be maintained. The applicant provided a letter from the adjoining property owner (Lot 163) that
they do not object to this request.
3) The variation does not adversely affect the timing and phasing of development of any other development
in the zoning district.
The timing and phasing of the development is unaffected and Earlysville Forest is built-out.
4) The variation does not require a special use permit.
Bergen-Earlysville Forest Variation
March 13, 2013-BOS
2
A special use permit is not required.
5) The variation is in general accord with the purpose and intent of the approved rezoning application.
This variation is in general accord with the approved rezoning application.
RECOMMENDATION:
Staff recommends approval of this variation request, as outlined above, for a 3.5’ reduction in rear yard/setback
requirements for Lot 168.
ATTACHMENTS:
A. Physical Survey of Tax Map Parcel 31B-168, prepared by Residential Surveying Services, and dated February
26, 2013
Return to consent agenda
Return to regular agenda
RESOLUTION ENDORSING THE
RAIL PRESERVATION APPLICATION OF
BUCKINGHAM BRANCH RAILROAD COMPANY
WHEREAS, the Buckingham Branch Railroad Company desires to file an application
with the Virginia Department of Rail and Public Transportation for funding assistance for the
North Mountain Subdivision Rail Improvements project, which will replace approximately 12,000
linear feet of curve worn rail between Milepost 194 and 209; and
WHEREAS, Buckingham Branch Railroad Company estimates that this project will cost
$800,000; and
WHEREAS, the General Assembly, through enactment of the Rail Preservation Program
provides for funding for certain improvements and procurement of railways in the
Commonwealth of Virginia; and
WHEREAS, the Buckingham Branch Railroad Company is an important element of
Albemarle County’s transportation system; and
WHEREAS, the Buckingham Branch Railroad Company is instrumental in the economic
development of the area, provides relief to the highway system by transporting freight, and
provides an alternate means of transportation of commodities; and
WHEREAS, the Albemarle County Board of Supervisors supports the project and the
retention of the rail service; and
WHEREAS, the Commonwealth Transportation Board has established procedures for all
allocation and distribution of the funds provided;
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of
Supervisors does hereby request the Virginia Department of Rail and Public Transportation to
give priority consideration to the North Mountain Subdivision Rail Improvements project
proposed by the Buckingham Branch Railroad Company for inclusion in the projects funded in
the Rail Preservation Program.
**********
I, Ella W. Jordan, do hereby certify that the foregoing is a true correct copy of a
resolution adopted by the County Board of Supervisors of Albemarle County, Virginia by a vote
of __________ to _________ at a regular meeting held March 13, 2013.
________________________________
Clerk, County Board of Supervisors
Aye Nay
Mr. Boyd ____
Mr. Dumler ____
Ms. Mallek ____
Mr. Rooker ____
Mr. Snow ____
Mr. Thomas ____
1
RULES OF PROCEDURE
ALBEMARLE BOARD OF COUNTY SUPERVISORS
These rules of procedure are designed and adopted for the benefit and convenience of the Albemarle
County Board of Supervisors. Their purpose is to help the Board conduct its affairs in a timely and
efficient manner. They incorporate the general principles of parliamentary procedure found in Robert’s
Rules of Order’s Procedure in Small Boards and applicable Virginia laws. The rules of procedure do not
create substantive rights for third parties or participants in proceedings before the Board. Further, the
Board reserves the right to suspend or amend the rules of procedure whenever a majority of the Board
decides to do so. The failure of the Board to strictly comply with the rules of procedure shall not
invalidate any action of the Board.
A. Officers
1. Chairman. The Board at its annual meeting shall elect a Chairman who, if present, shall
preside at such meeting and at all other meetings during the year for which elected. In
addition to being presiding officer, the Chairman shall be the head official for all the
Board’s official functions and for ceremonial purposes. He shall have a vote but no veto.
(Virginia Code §§ 15.2-1422 and 15.2-1423)
2. Vice-Chairman. The Board at its annual meeting shall also elect a Vice-Chairman, who, if
present, shall preside at meetings in the absence of the Chairman and shall discharge
the duties of the Chairman during his absence or disability. (Virginia Code § 15.2-1422)
3. Term of Office. The Chairman and Vice-Chairman shall be elected for one-year terms;
but either or both may be re-elected for one or more additional terms. (Virginia Code
§ 15.2-1422)
4. Absence of Chairman and Vice-Chairman. If the Chairman and Vice Chairman are
absent from any meeting, a present member shall be chosen to act as Chairman.
B. Clerk and Deputy Clerks
The Board at its annual meeting shall designate a Clerk and one or more Deputy Clerks who shall
serve at the pleasure of the Board. The duties of the Clerk shall be those set forth in Virginia
Code § 15. 2-1539 and such additional duties set forth in reso lutions of the Board as adopted
from time to time. (Virginia Code § 15.2-1416)
C. Meetings
1. Annual Meeting. The first meeting in January held after the newly elected members of
the Board shall have qualified, and the first meeting held in January of each succeeding
year, shall be known as the annual meeting. At such annual meeting, the Board shall
establish the days, times, and places for regular meetings of the Board for that year.
(Virginia Code § 15.2-1416)
2. Regular Meetings. The Board shall m eet in regular session on such day or days as has
been established at the annual meeting. The Board may subsequently establish different
days, times, or places for such regular meetings by passing a resolution to that effect in
accord with Virginia Code § 15.2-1416. If any day established as a regular meeting day
falls on a legal holiday, the meeting scheduled for that day shall be held on the next
regular business day without action of any kind by the Board. (Virginia Code § 15.2-1416)
If the Chairman (or Vice Chairman, if the Chairman is unable to act) finds and declares
that weather or other conditions are such that it is hazardous for Board members to
attend a regular meeting, such meeting shall be continued to the next regular meeting
date. Such finding shall be communicated to the members of the Board and to the press
as promptly as possible. All hearings and other matters previously advertised shall be
2
conducted at the continued meeting and no further advertisement shall be required.
(Virginia Code § 15.2-1416)
Regular meetings, without further public notice, may be adjourned from day to day or
from time to time or from place to place, not beyond the time fixed for the next regular
meeting, until the business of the Board is complete. (Virginia Code § 15.2-1416)
3. Special Meetings. The Board may hold special meetings as it deems necessary at such
times and places as it deems convenient. A special meeting may be adjourned from time
to time as the Board finds necessary and convenient. (Virginia Code § 15.2-1417)
A special meeting shall be held when called by the Chairman or requested by two or
more members of the Board. The call or request shall be made to the Clerk of the Board
and shall specify the matters to be considered at the meeting. Upon receipt of such call
or request, the Clerk, after consultation with the Chairman, shall immediately notify each
member of the Board, the County Executive, and the County Attorney. The notice shall
be in writing and delivered to the person or to his place of residence or business, or if
requested by a member of the Board, by electronic mail or facsimile. The notice shall
state the time and place of the meeting and shall specify the matters to be considered.
No matter not specified in the notice shall be considered at suc h meeting unless all
members are present. The notice may be waived if all members are present at the
special meeting or if all members sign a waiver for the notice. (Virginia Code
§ 15.2-1418) The Clerk shall notify the general news media of the time and place of such
special meeting and the matters to be considered.
D. Order of Business
1. Agenda. The Clerk of the Board shall establish the agenda for all meetings in
consultation with the Chairman. The first two items on the agenda for each regular
meeting of the Board shall be the Pledge of Allegiance and a m oment for silent
meditation.
a. At regular meetings of the Board, the order of business shall generally be as
follows:
1. Call to Order.
2. Pledge of Allegiance.
3. Moment of Silence.
4. Adoption of Final Agenda.
5. Brief Announcements by Board Members.
6. Recognitions.
7. From the Public: Matters Not Listed for Public Hearing on the Agenda.
(this agenda item is limited to a thirty (30) minute time period)
8. Consent Agenda.
9. General Business (To include Public Hearings, Presentations, Work
Sessions, Appointments, and other Action Items).
10. From the Public: Matters Not Listed for Public Hearing on the Agenda
(for persons not speaking under item 7, above).
1011. From the Board: Committee Reports and Matters Not Listed on the
Agenda.
1112. Adjourn.
A Closed Meeting shall be held whenever necessary. Generally, a Closed
Meeting will be scheduled at the midpoint of the agenda at day Board meetings
and at the end of the agenda prior to adjournment at evening Board meetings.
b. The above order of business may be modified by the Clerk of the Board to
facilitate the business of the Board.
2. Adoption of Final Agenda. The first order of business for a regular meeting of the Board
shall be to adopt a final agenda for that meeting. The Board may modify the order of
3
business as part of the adoption of the final agenda. In addition, any Board member may
propose to add additional items to the agenda presented by the Clerk for action if notice
of that item has been given in writing or by email to all Board members, the Clerk, and
the County Executive by 5:00 p.m. two days before the date of the meeting . Any such
item shall be added to the end of the agenda for discussion or action unless a majority of
the members of the Board agree to consider the item earlier on the agenda. The final
agenda shall be adopted by a majority vote of the members of the Board. No matter for
action not included on the final agenda shall be considered at that meeting.
3. Consent Agenda. The “Consent Agenda” shall be used for matters that do not require
discussion or comment and are anticipated to the have the unanimous approval of the
Board. There shall be no discussion or comment on Consent Agenda matters. Any
Board member may remove an item from the Consent Agenda. Any item removed from
the Consent shall be moved to a specific time or to the end of the meeting agenda for
further discussion or action. A matter requiring only brief comment or discussion may be
considered immediately after the approval of the Consent Agenda.
4. From the Board: Committee Reports and Matters Not Listed on the Agenda. “From the
Board: Committee Reports and Matters Not Listed on the Agenda” shall be the last order
of business for a regular meeting of the Board unless a majority of the members of the
Board agree to consider the item earlier on the agenda. It shall be limited to matters that
are not substantial enough to be considered as additional agenda items to be added to
the final agenda. Such matters are not matters to be acted upon by the Board at that
meeting. Routine committee reports and information updates by Board members shall be
presented under this agenda item.
5. Public Comment. The procedures for receiving comment from the public for matters not
on the agenda shall be at the discretion of the Board. Unless otherwise decided,
individuals will be allowed a three-minute time limit in which to speak during the time set
aside on the agenda for “From the Public: Matters Not Listed for Public Hearing on the
Agenda”. The initial time period designated on the agenda for public comment shall be
limited to thirty minutes. A second opportunity for public comment for individuals who did
not speak at the initial time period shall be provided at the end of the agenda prior to
“From the Board: Committee Reports and Matters Not Listed on the Agenda”. Unless
otherwise decided, opportunity for public comment on matters not on the agenda shall be
limited to regular board meetings.
6. Zoning Public Hearings. Zoning applications advertised for public hearing shall be on the
agenda for public hearing on the advertised date unless the applicant submits a signed
written deferral request to the Clerk of the Board no later than noon on Wednesday of the
week prior to the scheduled public hearing. The first request for a deferral will be granted
administratively by the Clerk. The Board will be notified of the deferral in the nex t Board
package and the deferral will be announced at the earliest possible Board meeting to
alert the public of the deferral. Any request received later than the Wednesday deadline
and any subsequent request for a deferral for the same application previo usly deferred
will be granted only at the discretion of the Board by a majority vote. The deferral shall
not be granted unless the Board determines that the reason for the deferral justifies the
likely inconvenience to the public caused by the deferral. T he staff will make every effort
to alert the public when a deferral is granted.
It is the Board’s preference that a public hearing for a zoning matter should not be
advertised until all of the final materials for a zoning application have been received by
the County and are available for public review. To achieve this preference, applicants
should provide final plans, final codes of development, final p roffers, and any other
documents deemed necessary by the Director of Community Development, to the County
no later than two business days prior to the County’s deadline for submitting the public
hearing advertisement to the newspaper. Staff will advise ap plicants of this date by
including it in annual schedules for applications and by providing each applicant a
minimum of two weeks advance notice of the deadline.
4
If the applicant does not submit the required materials by this date, the public hea ring
shall not be advertised unless the applicant demonstrates to the satisfaction of the
Director of Community Development that good cause exists for the public hearing to be
advertised. If not advertised, a new public hearing date will be scheduled. If the public
hearing is held without final materials being available for review throughout the
advertisement period due to a late submittal of documents, or because substantial
revisions or amendments are made to the submitted materials after the public hearing
has been advertised, it will be the policy of the Board to either defer action and schedule
a second public hearing that provides this opportunity to the public or to deny the
application, unless the Board finds that the deferral would not be in the public interest or
not forward the purposes of this policy.
Final signed proffers shall be submitted to the County no later than nine calendar days
prior to the date of the advertised public hearing. This policy is not intended to prevent
changes from being made to proffers resulting from comments received from the public
or from Board members at the public hearing.
E. Quorum
A majority of the members of the Board shall constitute a quorum for any meeting of the Board. If
during a meeting less than a majority of the Board remains present, no action can be taken
except to adjourn the meeting. If prior to adjournment the quorum is again established, the
meeting shall continue. (Virginia Code § 15.2-1415)
A majority of the members of the Board present at the time and place established for any regular
or special meeting shall constitute a quorum for the purpose of adjourning suc h meeting from day
to day or from time to time, but not beyond the time fixed for the next regular meeting.
F. Voting Procedures
1. Approval by Motion. Unless otherwise provided, decisions of the Board shall be made by
approval of a majority of the members present and voting on a motion properly made by
a member and seconded by another member. Any motion that is not seconded shall not
be further considered. The vote on the motion shall be by a voice vote. The Clerk shall
record the name of each member voting and how he voted on the motion. If any member
abstains from voting on any motion, he shall state his abstention. The abstention will be
announced by the Chairman and recorded by the Clerk. A tie vote shall defeat the
motion voted upon. A tie vote on a motion to approve shall be deemed a denial of the
matter being proposed for approval. (Article VII, § 7, Virginia Constitution)
2. Special Voting Requirements. A recorded affirmative vote of a majority of all elected
members of the Board shall be required to approve an ordinance or resolution
(1) appropriating money exceeding the sum of $500; (2) imposing taxes; or
(3) authorizing the borrowing of money. (Virginia Code § 15.2-1428)
3. Public Hearings. The Board shall not decide any matter before the Board requiring a
public hearing until the public hearing has been held. The Board may, however, at its
discretion, defer or continue the holding of a public hearing or consideration of such
matter. The procedures for receiving comment from the applicant and the public for public
hearings shall be at the discretion of the Board. Unless otherwise decided, the applicant
shall be permitted no more than ten minutes to present its application. Following the
applicant’s presentation, any member of the public shall be permitted no more than three
minutes to present public comment. Speakers are limited to one appearance at any
public hearing. Following the public comments, the applicant shall be permitted no more
than five minutes for a rebuttal presentation.
4. Motion to Amend. A motion to amend a motion before the Board, properly seconded,
shall be discussed and voted by the Board before any vote is taken on the original motion
unless the motion to amend is accepted by both the members making and seconding the
original motion. If the motion to amend is approved, the amended motion is then before
5
the Board for its consideration. If the motion to amend is not approved, the original
motion is again before the Board for its consideration.
5. Previous Question. Discussion of any motion may be terminated by any member moving
the “previous question”. Upon a proper second, the Chairman shall call for a vote on the
motion of the previous question. If approved by a majority of those voting, the Cha irman
shall immediately call for a vote on the original motion under consideration. A motion of
the previous question shall not be subject to debate and shall take precedence over any
other matter.
6. Motion to Reconsider. Any decision made by the Board may be reconsidered if a motion
to reconsider is made at the same meeting or an adjourned meeting held on the same
day at which the matter was decided. The motion to reconsider may be made by any
member of the Board. Upon a proper second, the motion may be discussed and voted.
The effect of the motion to reconsider, if approved, shall be to place the matter for
discussion in the exact position it occupied before it was voted upon.
7. Motion to Rescind. Any decision made by the Board, except for zoning map
amendments, special use permit decisions, and ordinances, (these exceptions shall only
be subject to reconsideration as provided above) may be rescinded by a majority vote of
all elected members of the Board. The motion to rescind may be made by any m ember
of the Board. Upon a proper second, the motion may be discussed and voted. The
effect of the motion to rescind, if approved, is to nullify the previous decision of the Board.
Zoning map amendments, special use permit decisions and ordinances may be
rescinded or repealed only upon meeting all the legal requirements necessary for taking
action on such matters as if it were a new matter before the Board for consideration.
G. Amendment of Rules of Procedure
These Rules of Procedure may be amended by a majority vote of the Board at the next regular
meeting following a regular meeting at which notice of the motion to amend is given.
H. Suspension of Rules of Procedure
These Rules of Procedure may be suspended by the majority vote of the Board members present
and voting. The motion to suspend a rule may be made by any member of the Board. Upon a
proper second, the motion may be discussed and voted. The effect of the motion to suspend a
rule, if approved, is to make that rule inapplicable to the matte r before the Board. Provided,
however, approval of a motion to suspend the rule shall not permit the Board to act in violation of
a requirement mandated by the Code of Virginia, the Constitution of Virginia, or any other
applicable law.
I. Necessary rules of procedure not covered by these Rules of Procedures shall be governed by
Robert's Rules of Order Procedure in Small Boards.
* * * * *
(Adopted 2-15-73; Amended and/or Readopted 9-5-74, 9-18-75; 2-19-76; 1-3-77; 1-4-78; 1-3-79; 1-2-80;
1-7-81; 1-6-82; 1-5-83; 1-3-84; 1-2-85; 1-3-86; 1-7-87; 1-6-88; 1-4-89; 1-2-90; 1-2-91; 1-2-92; 1-6-93;
1-5-94; 1-4-95; 1-3-96; 1-2-97; 1-7-98; 1-6-99; 1-5-2000; 1-3-2001; 1-9-2002; 1-8-2003; 1-7-2004; 1-5-
2005; 1-4-2006; 1-3-2007; 1-9-2008; 1-7-2009; 1-6-2010; 1-5-2011; 1-4-2012; 1-09-2013).
Return to agenda
VIRGINIA FESTIVAL OF THE BOOK
WHEREAS, Albemarle County is committed to promoting reading, writing, and
storytelling within and outside its borders; and
WHEREAS, our devotion to literacy and our support of literature has attracted over
1,000 writers and tens of thousands of readers to our VIRGINIA FESTIVAL OF THE
BOOK; and
WHEREAS, the VIRGINIA FESTIVAL OF THE BOOK celebrates the power of
books and publishing; and
WHEREAS, businesses, cultural and civic organizations, and individuals have
contributed to the ongoing success of the VIRGINIA FESTIVAL OF THE BOOK; and
WHEREAS, the citizens of the County of Albemarle and Virginia, and the world, have
made the VIRGINIA FESTIVAL OF THE BOOK the best book festival in the country;
NOW, THEREFORE, BE IT RESOLVED, THAT, I, Ann H. Mallek, Chair, on behalf
of the Albemarle Board of County Supervisors, do hereby proclaim
Wednesday, March 20, 2013 through Sunday, March 24, 2013
as the
Nineteenth Annual
VIRGINIA FESTIVAL OF THE BOOK
and encourage community members to participate fully in the wide range of available
events and activities.
Signed and sealed this 6th day of March, 2013.
Return to agenda
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Solid Waste Services RFP
SUBJECT/PROPOSAL/REQUEST:
Discussion of draft RFP for procuring an operator for the
Ivy Materials Utilization Center for the County
STAFF CONTACT(S):
Messrs. Foley, Davis, Graham, and Shadman
PRESENTER (S): Mark Graham
LEGAL REVIEW: Yes
AGENDA DATE:
March 6, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
The purpose of this work session is to present for discussion a draft Request for Proposals (RFP) for procuring an
operator for the Ivy Materials Utilization Center (Ivy MUC) for the County and determine if the Board wishes staff to
proceed to advertise the RFP. On January 16, 2013, the Board held a work session where two options for solid waste
services at the Ivy MUC were discussed (Attachment A). The two options were:
Option 1) Continue having the Rivanna Solid Waste Authority (RSWA) provide all services at the Ivy MUC.
Option 2) Have the County assume control of the services provided at the Ivy MUC through a lease with
RSWA.
The Board determined that both options needed to be fully evaluated before a decision is made and that Option 2
lacked an adequate detail of costs to make that evaluation. The Board recognized that the evaluation and possible
procurement process under Option 2 would necessitate a short-term agreement with RSWA to continue current
services. In addition, the Board recognized that an agreement for the continuation of services at the McIntire
Recycling Center is needed. Following the discussion, the Board gave staff the following directions:
Prepare a draft RFP for Option 2 and bring it to the Board for review before advertising for procurement. This
draft RFP is provided as Attachment B.
Work with RSWA in the development of a lease agreement for the Ivy MUC that defines cost and other terms.
A memo regarding the lease and the lease itself are included in Attachments C and D.
Work with RSWA to develop a short-term agreement for the continued operation of the Ivy MUC through
December 31, 2013. RSWA is currently developing this agreement, but it is not ready for review at this time.
Work with RSWA to develop an amended agreement for the continued operation of the McIntire Recycling
Center. RSWA is currently developing this agreement, but it is not ready for review at this time.
STRATEGIC PLAN:
Goal 2: Provide community facilities that meet existing and future needs.
DISCUSSION:
Service Options - As discussed with the Board, the RFP is structured to assure the current services provided to
residents are maintained, while providing the contracted operator the widest possible latitude on how those services
are provided. This includes three options for municipal solid waste (MSW) services:
Option 1 – Continue operating the current transfer station. This allows the contracted operator to gain
additional tonnage through commercial haulers. This option would require the County to obtain a new permit
from the Virginia Department of Environmental Quality (DEQ). Permitting is discussed below.
Option 2 – Provide a new Convenience Center, which would provide services to residents, but would not be
open to County businesses. This is the minimal level of services and would not require a permit from DEQ
provided the material is carried to a permitted transfer station.
Option 3 – Provide a new transfer station. This option allows a contracted operator to provide services to
commercial haulers while streamlining the operation to reduce operational costs. The new facility would
require the County to obtain a permit from DEQ. This option may prove difficult to structure. Because the
Board cannot make financial commitments that bind future boards, this option would likely require the County
to fund a portion of the capital facilities that would not be fully depreciated if the agreement were terminated
before the term of the contract is completed.
AGENDA TITLE: Solid Waste Services RFP
March 13, 2013
Page 2
Regardless of the MSW option chosen, the RFP requires all other current services to be continued. This includes the
disposal of white goods, tires and wheels, pallets, vegetative waste, and clean fill materials. In addition, the RFP is
structured to encourage enhanced recycling services as well as providing the contracted operator the ability to offer
additional services that the County may select on an individual basis.
Contracted Operator Responsibilities – The selected operator would be responsible for operating and maintaining
the facility in a way that protects the public and the County while assuring an adequate level of service by:
Carrying insurance for liability and environmental hazards. Staff is still developing how this will function.
Having well-defined days and hours or operation, giving the contracted operator some flexibility in determining
the schedule.
Maintaining the existing facilities, including snow removal and litter control. A new transfer station may require
an additional agreement with RSWA if that entails the demolition of the current facility.
Maintaining the utilities (phone and electric) and the office.
Logging customer complaints and demonstrating adequate responses.
Operator / Permitting - The attached RFP is structured so the County is legally the facility operator and the
contracted operator provides services to the County. The RFP is structured in this way for the following reasons:
This property is zoned RA, and the Zoning Ordinance does not provide for a transfer station or convenience
center on RA zoned property by a private enterprise. The use is only allowed at this location as a public facility
found to be consistent with the County’s Comprehensive Plan. (This type of facility is a by-right use on
Industrial-zoned land provided it is an enclosed facility. All newly permitted transfer stations in Virginia are
enclosed.)
This framework keeps any permit in the County’s name. The contractor would be responsible for all materials
and costs for obtaining a new permit if a permit is required. If the facility were permitted in the contractor’s
name and the contractor were removed, the facility would have to remain closed until a new permit was
approved.
As the legal operator, the County Board of Supervisors will need to set fees and provide for adjustments to fees. The
RFP is structured to include proposed fees for each service. The County payment for services would be structured as
an annual payment in the amount of the fees collected, regardless of the quantity of materials received. The
contracted operator would collect all fees collected as part of this agreement based on the adopted fee structure.
Under the RFP, a proposal could also request the County to provide additional compensation to the contracted
operator above and beyond the fees collected. This approach allows the County to make an easy evaluation as to
whether this service is more cost effective than what RSWA has offered.
Selection Criteria – The selection criteria is based on qualified proposals that demonstrate the technical and financial
capacity for the startup and operation of the facility, as well as the consideration of the fee structure that would be part
of the negotiated agreement. As noted above, this would require the Board to adopt those fees for the agreement to
be binding on the contracted operator.
This RFP would only cover one part of the County’s costs for solid waste services. Other costs will include an
agreement to operate the McIntire Recycling Facility, a short-term agreement for RSWA to continue operating the Ivy
MUC, the current household hazardous waste program provided by RSWA, the Amnesty Days provided at the Ivy
MUC, and environmental mitigation work covered by a separate agreement. As noted in the background, the Board
requested an “apples to apples” comparison between any proposals received with this RFP and the RSWA estimate
for services. In making a balanced comparison, it will be necessary to consider where other costs will increase if
RSWA no longer has staff to share between programs. For example, at the January work session it was noted that
environmental costs are likely to increase by $50,000 or more as a result of lost efficiencies where RSWA shares
employees between the Ivy MUC and the environmental programs. The same is expected for the RSWA McIntire
Recycling Center. These costs are currently being finalized by RSWA, but are estimated in a memo related to the
lease in Attachment C. Other likely costs are also identified in Attachment C as well.
BUDGET IMPACT:
As noted in the RFP Fee Schedule, it is possible that proposals may include an expectation of additional County
support beyond the fees collected. It will not be possible to estimate those costs until proposals are reviewed.
AGENDA TITLE: Solid Waste Services RFP
March 13, 2013
Page 3
RECOMMENDATIONS:
The draft RFP and lease are presented for discussion by the Board and for direction on how to proceed. Should the
Board direct staff to proceed to advertise the RFP, the motion should include flexibility for staff to make minor
modifications to the RFP that simplify the process or to incorporate necessary corrections.
ATTACHMENTS:
A - January 16, 2013 Executive Summary
B - Draft RFP
C – Memo from Director of Community Development to County Executive
D – Proposed Draft Lease Agreement
Return to agenda
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Solid Waste Options Update
SUBJECT/PROPOSAL/REQUEST:
Background for Solid Waste Work Session
STAFF CONTACT(S):
Foley, Graham
PRESENTER (S): Mark Graham
LEGAL REVIEW: No
AGENDA DATE:
January 16, 2013
ACTION: INFORMATION: X
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
The Rivanna Solid Waste Authority (RSWA) met recently to discuss the County's request for the RSWA to provide a no-
cost convenience center at Ivy. Staff has worked with RSWA to understand its proposal made in response to the Board’s
request. Staff has verified that RSWA’s proposal addresses the Board’s expectations and:
Continues to provide services at the Ivy Material Utilization Center (MUC);
Provides municipal solid waste disposal for County residents. This would include routine household garbage as
well as other materials, such as old furniture, demolition debris associated with home improvements;
Provides auxiliary services for County residents, such as disposal of tires and rims, metals, vegetative waste,
clean fill material (e.g. concrete or masonry rubble), appliances with and without refrigerants, and pallets; and
Provides annual or semi-annual household hazardous waste collection, as currently offered and funded by the
County and City.
RSWA staff evaluated options for addressing the Board’s request, and provided information which indicated a no-cost
alternative was not possible given the level of service requested by the County. The RSWA Board of Directors also
discussed the options of (1) contracting out services with RSWA oversight and (2) leasing the current site to the County so
the County could provide oversight of a contracted service. After discussion, a majority of the RSWA Board determined
there was no interest in RSWA providing oversight of a contracted service, but it would consider leasing the site to the
County. Given the discussion and decisions of the RSWA, this item has been scheduled for additional discussion by the
Board of Supervisors on January 16, 2013.
STRATEGIC PLAN:
Goal 2: Provide community facilities that meet existing and future needs.
DISCUSSION:
The County now has two options for consideration, outlined below, which will be discussed further at the January 16,
2013 work session.
Option 1: RSWA as a service provider:
Annual costs to the County have been estimated at $223,900 for the Municipal Solid W aste and
$67,400 for the auxiliary services, for a total cost of $291,300. This cost may be higher or lower
depending on actual operational costs. RSWA is providing this as an estimate rather than an agreed
upon fixed price. Based on experience with RSWA budget estimates since 2001, staff has found
RSWA to be consistently conservative with lower actual costs each year.
This proposal allows RSWA to continue providing the household hazardous waste collection as
historically done.
This proposal allows RSWA to continue with economies of scale in sharing the personnel costs with
the environmental program. It is anticipated those costs will otherwise increase, as described in
option 2.
This proposal allows RSWA to continue with economies of scale in sharing the personnel costs with
the McIntire Recycling Center. A new cost sharing agreement with RSWA and the City is required
for the continued operation of the McIntire Recycling Center.
This proposal requires a new agreement with RSWA for cost reimbursement.
AGENDA TITLE: Solid Waste Options Update
January 16, 2013
Page 2
Option 2: County managed operations at Ivy MUC:
This proposal requires the County to obtain a lease for the property from RSWA. The cost of the
lease has not yet been established.
This proposal requires the County to contract for the operation of the facility The costs cannot be
verified in advance of advertising for bids but, based on interviews and comments provided at RSWA
meeting by private entities, it appears the services can be provided with little or no additional cost to
the contractor.
This proposal results in the County incurring indirect costs associated with managing the contract,
inspections, permits, etc. This cost has not yet been established, but is anticipated to be in the range
of $50,000-$100,000 annually.
This proposal requires the County to obtain operational permits, as required by DEQ, to operate this
facility. Specific permit requirements cannot be verified at this time and may vary depending on
preferences of the selected contractor.
It has been estimated by RSWA that the environmental management cost, which would result from
the loss of economies of scale between solid waste operation and the environmental management
operation when RSWA discontinues its current solid waste operation, will be approximately $35,000.
The draft schedule for this option suggests an interim agreement with RSWA may be needed to cover
services after July 1, 2013 and the beginning of contracted services.
Potential liability issues under a new lease will also need to be considered with this proposal.
BUDGET IMPACT:
(1) If the Board decides to continue to contract with RSWA to handle the County’s municipal solid waste and
auxiliary services as outlined in Option 1 above, the annual cost is estimated to be approximately
$290,000, which staff believes to be a conservative number.
(2) If the Board decides to obtain a lease from RSWA and bid out the private operation of a convenience site
or transfer station as outlined in Option 2 above, the cost is unknown. While some potential bidders have
indicated there would be no cost for the contractor’s operation, that would need to be determined based
on a clear set of requirements by the County in the form of an RFP and after contract negotiation. After
that cost is determined, as is noted above, there will be additional cost for County management and
oversight, permitting, a lease with RSWA and the environmental management cost which would result
from the loss of the economies of scale between the solid waste operation and the environmental
management operation when RSWA discontinues its current solid waste operation. Liability issues are
also important issues to consider when estimating future costs under this option.
RECOMMENDATIONS:
This information is provided as background information for the work session.
ATTACHMENTS:
Attachment A – RSWA Memo Dated 12-18-12
Attachment B – Project Steps
Return to exec summary
Page 1
I. INTRODUCTION
A. Rivanna Solid Waste Authority and County of Albemarle
The Rivanna Solid Waste Authority (RSWA) currently operates a transfer station and associated solid waste
services at the Ivy Materials Utilization Center (Ivy MUC). Historically, this facility provided services to the
City of Charlottesville and County of Albemarle. The City has since discontinued its request for most services
at this facility, making it primarily a service provided only for the County. The County is now interested in
possibly contracting for a continuation of services to its residents. The facility has also provided services to
commercial enterprises, but the County has determined this is no longer a necessary service. In soliciting
proposals for a contractor to provide services, the County interest is in assuring the most economical services
for its citizens, through the cost of disposal and additional County support, if any is needed. Thus, if a potential
contractor believes those services can be more economically provided by continuing with commercial services,
this proposal is written so that option is available, either through continued operation of the current facility or
by replacing the current facility with a more modern one (Options 1 or 3). If a potential contractor believes a
scaled back operation to provide those services only to residential customers provides a more economical
service, this proposal is written so that option is available (Option 2).
B. Current Operations and Facilities
Interested parties are directed to the most recent Comprehensive Annual Financial Report of the RSWA for a
more detailed description of current services and facilities. This document is available online at:
http://rswa.avenue.org/Documents/RSWA_CAFR_FY2012.pdf and may be viewed at either the RSWA
Administrative Building, located at 605 Moores Creek Lane, Charlottesville, Virginia or at the Albemarle
County Office Building, Community Development Department, 401 McIntire Road, Charlottesville, Virginia.
C. General Purpose of this Request for Proposals
The County is interested in contracting some or all of the solid waste and recycling services currently provided
at the Ivy MUC by RSWA. Through the issuance of this Request for Proposals (RFP), the County is soliciting
proposals from private firms who are interested in providing the following three solid waste and recycling
services:
1. MSW-Related Services – MSW transfer and disposal services provided at the Ivy Transfer Station, at a New
Convenience Center, or a new Transfer Station on the Ivy Site, including residential MSW receipt and disposal
provided as part of the “tagged bag” program at the same facility.
2. Miscellaneous Enterprise Services – Collection centers for white goods, scrap tires, and pallets near the Ivy
Transfer Station; clean fill for storage and disposal on specific areas of the Ivy Site; and vegetative waste
mulching on specific areas of the Ivy Site.
3. Recycling of Materials – Provide for recycling of collected materials by either 1) disposal of MSW at a
facility permitted by the Virginia Department of Environmental Quality that provides separation of recyclables
from MSW or 2) a separate collection of recyclable materials that includes paper and cardboard, metal, glass
and plastics which are transported to and processed for recycling at a facility permitted by the Virginia
Department of Environmental Quality for processing of recyclable materials.
Page 2
TABLE 1 - Summary of Services
Service Group Funding Sources Comments
MSW
Household Garbage, Household
Debris, Other Materials Classified as
MSW
User Fees per Proposal, May
include County Supplement if
Needed
Proposal may include additional
materials and services as
alternates. Transfer Station must
include commercial waste
Miscellaneous Services
White Goods with and without
refrigerants, Tires and Wheels, Pallets,
Vegetative Waste, Clean Fill Disposal,
User Fees per Proposal, May
include County Supplement if
Needed
Proposal may include additional
materials and services as
alternates
Recycling Services
Glass and plastic containers, paper,
newspaper, cardboard, corrugated
cardboard, metal cans, aluminum
cans
User Fees per Proposal, May
include County Supplement if
Needed
Proposal may include additional
materials and services as
alternates
The County is further interested in firms who demonstrate, in the County’s sole determination, the ability to
improve recycling services in the service area through new or innovative services that encourage greater
community efforts toward recycling. In addition, the County is offering to provide a place on the Ivy Site to
private firms for the development of a new transfer station (New Transfer Station) designed to serve the needs
of the local community and the private firm should that option be preferred.
Within this RFP, the term Proposer is used to address all interested firms who submit a Proposal in response to
this RFP, and Service Provider refers to the single Proposer who is awarded a Service Agreement by the County
as a result of the competitive negotiation process.
To be responsive, Proposers must propose to use space provided by the County at the Ivy Site, including the Ivy
Transfer Station, to provide the MSW-Related Services and Miscellaneous Enterprise Services listed in Table 1
and to operate and maintain these programs at its own expense as a profitable enterprise through user fees with
no funding obligation from the County beyond what is proposed in the Proposal Fee Schedule. In addition,
Proposers must include in their proposal an offer to provide the Recycling Services listed above in Table 1.
Proposers have the option to include in their Proposal Fee Schedule, a Service Fee to be paid by the County for
the Recycling Services in addition to any user fees and the right to revenues obtained through the marketing of
recyclables under these programs.
Page 3
Separate service fees must be submitted for any additional Recycling Services as provided on the Proposal Fee
Schedule to permit the County to be able to “pick and choose” the recycling services to be awarded to the
Service Provider, in the sole discretion of the County, as it determines best benefits the citizens and businesses
in the service area. In addition to the above proposal requirements, Proposers may also propose to:
Construct a New Transfer Station at the Ivy Site to replace the Ivy Transfer Station
Implement new recycling programs not currently provided at the Ivy Site
Modify or improve one or more of the existing services. However, Proposers should note that proposals to
modify or improve services must be made as additional services and that Proposers must submit proposals that
include all of the services listed above. (Proposals that substitute only modified services in lieu of existing
services may be determined to be non-responsive to the RFP and therefore ineligible for award of a Service
Agreement).
Proposals should include a narrative description of the proposed New Transfer Station and new or modified
programs in sufficient detail to fully describe the proposed site features, quality of the program, and leasing
offers or Service Fees. The service fees for these optional proposal services must be submitted on the part of the
Proposed Fee Schedule used for the Alternative Services. If a Service Agreement is awarded with provisions
for a New Transfer Station, obligations for the Service Provider will commence upon completion and initial
operation of the New Transfer Station. The Service Provider shall bear responsibility for the demolition of the
Ivy Transfer Station with the understanding that demolition of any existing facilities shall require a separate
agreement with RSWA before this contract can be awarded.
The County will consider the inclusion of recycling services that will improve the degree of recycling in the
community as a significant criterion in the evaluation of the proposals received in response to this RFP. The
County and the Service Provider will enter into a Service Agreement for the Alternative Recycling Services
listed in Table I that are selected by the County to be provided.
D. Summary of Waste and Recycled Material Quantities
Historical data on the materials handled at the Ivy MUC are available from the RSWA and will be made
available to any interested bidder by the County. The County neither expresses nor implies any warranty of any
kind with respect to future MSW or recyclable material quantities.
II. REQUESTED SCOPE OF SERVICES
A. MSW-Related Services
To be responsive to this RFP, any Proposal must, at a minimum, include one of the following two options for
the provision of the MSW-Related Services listed in Table I-A:
1. Option 1: Operation of the Existing Ivy Transfer Station.
a. Under this option, the County will lease and make available to the Service Provider the areas of
the site, fixed equipment and structures necessary to operate the existing MSW transfer station
and to operate the citizen drop-off service as part of the Ivy Convenience Center.
b. The Service Provider must provide all Services required to continue providing the MSW-Related
Services at the Ivy Site, including operation and maintenance of the following facilities:
i. Scale house;
ii. Citizen drop-off for bagged MSW.
c. The transfer station must be able to accept, transfer and haul away all MSW that is delivered on a
daily basis (up to permitted tonnage limit) through the term of the contract.
Page 4
d. The Service Provider will have access to all buildings and fixed equipment on site currently used
for MSW-Related Services, including the scale house, conveyor, and compactor. The Service
Provider will assume the responsibility for maintenance and repair/replacement of any such
structures or equipment utilized by the Service Provider to provide MSW-Related Services over
the term of the contract.
e. The Service Provider must provide all rolling stock, containers and portable equipment to be
utilized in the provision of MSW-Related Services over the term of the contract.
f. The Service Provider may alter and improve the existing transfer station subject to approval by
the County and the RSWA, but must continuously accept solid waste from individuals and
commercial haulers delivering municipal solid waste.
g. The transfer station must accommodate automobiles, pickup trucks, cars and trucks with trailers,
packer trucks, roll-off containers, dump trucks, box trucks, vans and other vehicles typically used
to transport solid waste from the generator.
h. The Service Provider shall collect fees set by the County in accordance with policies and
procedures defined in the Agreement. The Service Provider’s MSW-Related Services is a
business enterprise, for which the Service Provider is fully responsible for all losses and entitled
to profit.
i. The transfer station must be open for business for a sufficient number of days and hours each
week to provide services that are convenient and practical for the citizens and businesses within
the County’s service area.
j. The Service Provider must provide this service for the life of the Service Agreement,
contemplated to have an initial term of twenty (20) years and having extensions of up to a total
of 10 additional years.
k. The Service Provider will be responsible for the electrical service for their operations and must
establish its own account with Dominion and maintain the account including payments due
without delinquency. The Service Provider may negotiate a shared electrical account with the
RSWA, but the County makes no assurances this option will be available to any Service
Provided.
l. The Service Provider will be required to accept cash customers. The Service Provider may also
accept credit customers in accordance with its own policies.
m. The Service Provider shall establish a published telephone service line for customer service
related to its Service Agreement obligations. The County will refer complaints regarding the
Service Provider’s service to the Service Provider, and the Service Provider may refer
complaints regarding the landfill post-closure care to the Authority.
2. Option 2: Construction and Operation of a New Convenience Center at Ivy Site.
a. Under this option, the Service Provider will satisfy all of the terms and conditions for Option 1,
and additional conditions stated herein. Terms and conditions for operating and maintaining the
Ivy Transfer Station under Option 1 are applicable to Option 2 until the New Convenience
Center construction is completed and placed into initial operation.
b. Under this option, the Service Provider will design, construct, and finance a New Convenience
Center on the Ivy Site, including obtaining all permits required, if any. The minimum capacity of
the New Convenience Center will be sufficient to accept, transfer and haul away all residential
collected materials, currently estimated at 5,000 tons per year. The Proposal shall adequately
describe the new facilities to be built, any existing facilities that would be retained in operation
after the new facilities are built, and a proposed timetable for construction of new facilities. The
location of the New Transfer Station will be tentatively agreed during the competitive
negotiation process and included in the Service Agreement and Lease Agreement.
Page 5
c. The Service Provider must provide all the Work needed to put the new Convenience Center into
service, including but not limited to, permitting, design, construction and financing.
d. The County will work with the Service Provider to confirm a New Convenience Center location
at the Ivy Site. However, the County makes no guarantees as to conditions that may affect the
feasibility or cost of constructing a new convenience center on the County’s leased portion of the
Ivy Site.
e. The New Convenience Center must accommodate automobiles, pickup trucks, cars and trucks
with trailers, box trucks, vans, and vehicles typically used to transport solid waste from the
facility.
f. The New Convenience Center must be open for business a sufficient number of days and hours
each week to provide services that are convenient and practical for the citizens and businesses
within the County’s service area.
g. The Service Provider must provide services for the life of the Service Agreement, contemplated
to have an initial term of 10 years and having extensions of up to a total of ten additional years.
3. Option 3: Construction and Operation of a New Transfer Station at the Ivy Site.
a. Under this option, the Service Provider will satisfy all of the terms and conditions for Option 1,
and additional conditions stated herein. Terms and conditions for leasing, operating and
maintaining the Ivy Transfer Station under Option 1 are applicable to Option 3 until the New
Transfer Station construction is completed and placed into initial operation.
b. Under this option, the Service Provider will design, construct, and finance a New Transfer
Station on the Ivy Site, including obtaining all permits required. The minimum capacity of the
New Transfer Station will be sufficient to accept, transfer and haul away the permitted capacity
of the facility, anticipated at an average maximum of 150 tons per day. The Proposal shall
adequately describe the new facilities to be built, any existing facilities that would be retained in
operation after the new facilities are built, and a proposed timetable for construction of new
facilities. The location of the New Transfer Station will be tentatively agreed during the
competitive negotiation process and included in the Service Agreement.
c. The Service Provider must provide all the Work needed to put the new transfer station into
service, including but not limited to, permitting, design, construction and financing.
d. The County will work with the Service Provider to confirm a New Transfer Station location at
the Ivy Site. However, the County makes no guarantees as to conditions that may affect the
feasibility or cost of constructing a new transfer station on the County leased portion of the Ivy
Site.
e. The New Transfer Station must accommodate automobiles, pickup trucks, cars and trucks with
trailers, packer trucks, roll-off containers, dump trucks, box trucks, vans and other vehicles
typically used to transport solid waste from the generator.
f. The New Transfer Station must be open for business a sufficient number of days and hours each
week to provide services that are convenient and practical for the citizens and businesses within
the County’s service area.
g. The Service Provider must provide transfer station services (combined service of the Ivy
Transfer Station and New Transfer Station) for the life of the Service Agreement, contemplated
to have an initial term of 10 years and having extensions of up to a total of ten additional years.
B. Miscellaneous Enterprise Services
1. To be responsive to this RFP, Proposals must include services listed in Table 1 for the County’s
Miscellaneous Enterprise Services, separate from the MSW-Related Services, also listed in Table I:
a. The Service Provider will operate the receipt and mulching of vegetative wastes, receipt of clean
fill, receipt and recycling of white goods, and receipt and recycling of scrap tires.
Page 6
i. The Service Provider must provide all rolling stock, construction equipment, containers,
and portable equipment, vendor contracts, and subcontracts to be utilized in the provision
of Miscellaneous Enterprise Services over the term specified for these services in the
Service Agreement.
ii. The Service Provider may utilize the gravel road along the center of the closed landfill
for access to the vegetative and clean fill areas, but will not be permitted off of the road
onto areas of the landfill.
iii. The Service Provider may set and collect fees in accordance with its own policies and its
assessment of the marketplace. The Service Provider’s Miscellaneous Enterprise Services
is a business enterprise, for which the Service Provider is fully responsible for all losses
and entitled to profit. No service fees will be paid by the County for any Miscellaneous
Enterprise Services other than included in an Agreement based on the Proposal.
iv. The Miscellaneous Enterprise Services must be open for business for a sufficient number
of days and hours each week to provide services that are convenient and practical for the
citizens and businesses within the County’s service area.
C. Recycling Services
To be responsive to this RFP, Proposals must include a description of services and terms and conditions for
providing the Recycling Services listed in Table I.
D. Other Optional Services
In addition to the requirements stated above, the County will consider additional options from the Proposers that
describe modifications to the services or new or additional services, especially services that promote an increase
in recycling at minimal or no direct expense to the County. Any Proposal that includes such other services
should provide sufficient information of similar type and detail requested for the services described above, and
should identify if any of the above services would not be needed or be reduced in scope if such service were
accepted. Any proposed leasing or Service Fee terms must be included. The County is under no obligation to
award Other Optional Services but may do so in its sole discretion based on its understanding of the best
interests of the County.
E. Ownership of Improvements and Property Access
Any improvements to the land will become the property of the County at the end of the term of this Agreement
or at Termination for Convenience or Cause in accordance with the Agreement.
The Service Provider will have access to and control of County leased property, including security and
maintenance, for it to provide the proposed services as determined by the Service Agreement or Lease
Agreement. The Service Provider will not be allowed routine access to areas outside the County leased limits of
the property.
Under no circumstances will the Service Provider be allowed to access or operate from the closed landfill
footprint. Access to stockpile and grinding areas will be provided via the on-site landfill road which will
continue to be maintained by the Authority. Any stockpile or grinding areas proposed to be operated by the
Service Provider must be maintained by the Service Provider.
III. PROCUREMENT PROCEDURES AND SCHEDULE
A. Public Procurement Requirements
In accordance with public procurement regulations, the County intends to follow the “competitive negotiation”
process upon which Proposals will be evaluated by a selection committee appointed by the County using
multiple factors. The factors or criteria are further defined in Subsection III.E. of this RFP. Virginia
Page 7
procurement regulations allow the County to select “two or more offers deemed to be fully qualified and best
suited among those submitting proposals” for conducting further negotiations and making the final selection
based on those negotiations in addition to the content of the Proposal.
Notwithstanding the above paragraph, the County reserves the right, at its sole discretion, to select as the
Service Provider that Proposer which in the County’s judgment, is deemed to be best qualified and best suited
among those submitting proposals, taking into account all considerations deemed relevant. The County also
retains the right to reject all Proposals as deemed in the County’s best interests. The County has no liability or
other obligation whatsoever for any costs or expenses incurred by any Proposer in the analysis and preparation
of a Proposal or for a Proposal Bond hereunder or for any interviews, meetings, contract negotiations, site visits,
or other deliberations concerning the same.
B. Schedule
The County anticipates the procurement process for this RFP will follow the following schedule:
RFP Issued April 2013
Site visit appointments available through May 2013
Proposals Due June 1, 2013.
Start of Contract on or before January 1, 2014.
Although the County wishes to complete the procurement of these services as soon as reasonably possible, it
recognizes the potential for unforeseen circumstances and reserves the right to make adjustments to the
schedule without notice.
C. Mandatory Pre-Proposal Site Visits
Recognizing the benefits of visiting and discussing the facilities that are subjects of this RFP in order to provide
the best competitive proposals, and in an effort to respect the proprietary nature of some questions and
discussions of interested firms, the County will host mandatory pre-proposal site visits by appointment during
April and May 2013. Appointments will be made with individual firms on a first-come-first-served basis. Each
Firm may have no more than three hours total time for County-escorted site visits.
Interested firms are encouraged to make an appointment as early as possible and use this visit to assist them in
developing their best proposal. However, discussions held during these visits are not binding on the County.
D. Proposal Submission – Copies, Date, Time and Location
One original and seven complete copies of each proposal must be submitted by _________________ the
following:
Purchasing Agent, Dept of Finance
County of Albemarle, Virginia
401 McIntire Road
Charlottesville, Virginia 22903
Attention: ______________
Each proposal must be sealed and properly identified as specified herein and include a return address.
Late Proposals: It is the responsibility of the firm to ensure that the County receives the submittal by the
proposal due date and time. No submittals or modifications to submittals will be accepted after the proposal due
date and time. Late proposals will be unopened, rejected, stored for 60 days by the County, and then disposed of
or returned at firm’s expense.
Page 8
E. Evaluation Criteria and Process
The proposal will be evaluated according to the following criteria. Proposers are welcome to submit supporting
information which describes their qualifications and capabilities regarding each criterion:
Demonstrated experience in solid waste services including, but not limited to, waste handling, collection,
transportation and hauling. This will include the ability to safely and efficiently haul waste and provide safe
waste disposal services.
Demonstrated experience in operating MSW transfer stations.
Convenience and quality of services proposed to be offered to citizens and users of the Facilities.
Demonstrated ability to sustain or improve the recycling services currently provided.
Demonstrated financial strength of the Proposer.
Proposed operating approach and services to be provided, including type and level of services, convenience
to County’s citizens and businesses, and promotion of recycling.
Proposed User Fees and County Service Fees including proposed escalation factors and adjustments.
Exceptions or alternatives to the terms and conditions of the Service Agreement.
ADA reasonable accommodation clause: If you need any reasonable accommodation for any type of disability
in order to participate in this procurement, please contact the _____________________________________.
Non-discrimination: The County of Albemarle does not discriminate on the basis of race, religion, color, sex,
national origin, age or disability, or against faith-based organizations as defined under the Virginia Public
Procurement Act on the basis of such organization's religious or charitable character.
F. Technical Questions/Requests
Any question related to technical issues of this RFP should be submitted in writing to the
following:
Mr. Mark Graham, P.E.
Director of Community Development
(434) 296-5832, Ext. 3248
mgraham@albemarle.org
G. Procedural Questions/Requests
Any question related to the procurement process of this RFP should be submitted in
writing to the following:
Ms. Betty Burrell
Director of Finance
(434) 296-5855
bburrell@albemarle.org
H. Information Not Guaranteed, No Oral Interpretations
Information provided in this RFP is believed to be the best available, but is not guaranteed with respect to its
accuracy or timeliness. All such information and drawings of existing conditions are furnished only for the
information and convenience of the Proposers. No oral interpretations will be made to any Proposer. Valid
responses to all questions will be in the form of an addendum, issued to all Proposers. Interpretations,
corrections or changes to the RFP made in any other manner will not be binding on the County. The County
Page 9
expects to issue one or more addenda to address important information revealed or clarified in discussions held
during individual site visits that would be beneficial to all potential Proposers.
I. County Retained Rights
The County expressly retains the following rights without obligation to the Proposers:
The right to waive immaterial deviations from the RFP requirements;
The right, without prior notice, to issue addenda to supplement, clarify, correct, or otherwise modify any
information relative to the RFP or the procurement process;
The right to reject any and all Proposals and postpone or cancel the procurement process and the project;
The right to require additional information, explanations and clarifications of any Proposal in order for it to
be deemed responsive to this RFP;
The County, (including its staff and advisors) reserves the right to contact and/or visit any facilities
referenced in the Proposals. Visits shall be made at a mutually agreeable time and the County’s cost of such
visits shall be borne by the County.
All Proposals submitted in response to this RFP become the property of the County and may be made available
to the public, subject to Freedom of Information Act requirements.
J. Public Access to Proposals and Information
All proceedings, records, contracts and other public records relating to this procurement shall be open to the
inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom
of Information Act.
Upon request, Proposers shall be afforded the opportunity to inspect proposal records within a reasonable time
after the evaluation and negotiations of proposals are completed but prior to award, except in the event that the
County Board decides not to accept any of the proposals resulting from this RFP. Otherwise, Proposal records
shall be open to public inspection only after award of the contract.
Trade secrets or proprietary information submitted by a Proposer in response to this RFP shall not be subject to
public disclosure under the Freedom of Information Act if the Proposer: (1) invokes the protections of trade
secret or proprietary information prior to or upon submission of such data or other materials; (2) specifically
identifies the data or other materials to be protected; and (3) states the reasons why such protection is necessary.
IV. PROPOSAL CONTENT REQUIREMENTS AND ALTERNATIVES
One (1) original and ________ (__) copies of each Proposal must be submitted to the County in accordance
with this RFP. Each Proposal must be bound and packaged as a separate copy, including a separate, sealed
envelope that contains the proposed schedule of fees. The Proposal should follow the following format with a
table of contents and sections identified with tabs for easy reference.
A. Executive Summary
The Proposal must include an Executive Summary that summarizes the information contained in all other parts
of the Proposal in concise language, except that it must not contain any price, cost, or economic data. The
Summary is limited to 10 pages, including tables and graphs.
Page 10
The County may distribute the Executive Summary to public officials, representatives of public interest groups,
and others. Therefore, the Proposer must not include any data that the Proposer judges to be proprietary or
confidential.
B. Proposer Information
Provide the legal name of the Proposer, types of services rendered by Proposer, address, contact person
information, and other information the County may deem beneficial. The Proposal must be signed by an officer
of the company with the authority to bind the company to the obligations of the Proposal.
C. Forms and Certificates
Include completed and signed forms for each of the services being proposed and all certifications required by
this RFP.
D. Experience
The Proposer must demonstrate its experience in providing solid waste services for both disposal and recycling,
including, but not limited to, waste handling, collection, transportation hauling. This will include the ability to
safely and efficiently operate a MSW transfer station, haul waste and provide waste disposal services, and
provide recycling services. A minimum of three (3) years total of applicable successful operating experience
should be demonstrated for the services proposed; experience for a longer period is preferred.
The Proposal must include descriptions of relevant transfer or processing facility operations, or similar waste
handling, collection, and transportation services, which the Proposer has operated. The total time of operating
the reference facilities must be at least three years. The description for each facility shall include but not be
limited to the following:
Owner, operator, and nature of operation or service;
Place of operation;
Date services commenced and ended;
Type of materials handled;
Tons of materials collected, transported, and/or handled and disposed (daily and annually);
Number of employees on the job;
Number and type of equipment in use; and
Contact information as references for each facility.
E. Financial Strength
The Proposer must demonstrate sufficient financial resources to carry out the services it proposes to provide as
measured by overall financial strength, liquidity, total assets, total liabilities, financial leverage,
creditworthiness, and tangible net worth. This information shall be in the form of 10-K forms, financial
statements, and annual reports for the most recent consecutive two operating years. If the Proposer is a joint
venture, the financial statements for each company making up the joint venture as well as for the joint venture
(to the extent it has separate financial statements) must be submitted. Financial statements to be submitted, at a
minimum, shall include a balance sheet, income statements, and statement of the sources and uses of funds.
F. Technical Proposal(s)
Proposers should organize their technical proposals in accordance with the options and services identified in the
Requested Scope of Services. To be considered responsive, Proposers must submit proposals that include either
Page 11
Option 1 or Option 2 for the delivery of MSW-Related Services and that include responses covering the
Miscellaneous Enterprise Services and each of the three different categories of Recycling Services defined in
Subsection II.C of this RFP.
The following information should be included with each Proposal:
1. MSW-Related Services
a. Option 1 – Operation of the Existing Ivy Transfer Station Proposer must select either Option 1,2,
or 3. If Option 1 is selected, Proposer must provide sufficient documentation to demonstrate its
ability to perform the proposed services. At a minimum, the Proposer should provide the
following:
i. Describe each MSW-Related Service that will be provided. At a minimum, provide an
Operations and Management Plan that includes a summary of daily operating procedures,
litter control, the flow of customers and materials, hours and days of operation, and
policies and procedures for safety and security issues and for handling complaints.
ii. Identify the number and type of employees and laborers anticipated to be working at the
transfer station and in what capacity they will be used.
iii. Identify and provide contact information for the person that will have overall
responsibility for the operations at the transfer station. Describe any improvements to be
made to the transfer station. Describe the strategy for replacing the existing compactor
and other essential fixed equipment over the term of the contract.
iv. List the quantity, type and model of each piece of essential equipment (including
backup), how they will be used and their replacement schedules. Include rolling stock,
containers and specialty equipment, if any. Describe how waste will be handled during
equipment breakdowns and what provisions will be in place to ensure continued transport
and disposal of waste.
v. Identify how the waste hauler and disposal facility will be selected.
vi. Describe how odor, dust, and litter will be controlled.
b. Option 2 -Construction and Operation of a New Convenience Center on the Ivy MUC Site. If
Option 2 is selected, Proposer must provide sufficient documentation to demonstrate its ability to
perform the proposed services, to include as a minimum all of the information requested above
for Option 1 and the following additional information:
i. Clearly describe the differences in O&M activities between operating the existing Ivy
Transfer Station and the New Convenience Center.
ii. Identify the number and type of employees and laborers anticipated to be working at the
New Convenience Center and in what capacity they will be used, in addition to the same
for the Ivy Transfer Station that will be employed before the New Convenience Center is
completed.
iii. Describe any improvements or replacement of major equipment to be made to the
existing transfer station before the New Transfer Station is operable.
iv. Provide all relevant technical information related to the design, financing and
construction of the New Transfer Station, including summary or conceptual design
information, technical descriptions of key design elements, building materials, facility
layout (plan and cross-sectional views), site plans and key design and construction related
assumptions.
v. Include an anticipated schedule for the permitting, design, construction and startup of the
New Transfer Station.
c. Option 3– Construction and Operation of a Private Transfer Station on the Ivy MUC Site. If
Option 3 is selected, Proposer must provide sufficient documentation to demonstrate its ability to
Page 12
perform the proposed services, to include as a minimum all of the information requested above
for Option 1 and the following additional information:
i. Clearly describe the differences in O&M activities between operating the existing Ivy
Transfer Station and the New Transfer Station.
ii. Identify the number and type of employees and laborers anticipated to be working at the
New Transfer Station and in what capacity they will be used, in addition to the same for
the Ivy Transfer Station that will be employed before the New transfer Station is
completed.
iii. Describe any improvements or replacement of major equipment to be made to the
existing transfer station before the New Transfer Station is operable.
iv. Provide all relevant technical information related to the design, financing and
construction of the New Transfer Station, including summary or conceptual design
information, technical descriptions of key design elements, building materials, facility
layout (plan and cross-sectional views), site plans and key design and construction related
assumptions.
v. Include an anticipated schedule for the permitting, design, construction and startup of the
New Transfer Station.
2. Miscellaneous Enterprise Services
At a minimum, Proposers should describe the following:
a. Describe each of the services that will be provided. Include any procedural modifications or proposed
changes or additions from the County’s current program being proposed
b. Identify the number and type of additional employees and laborers to be working on Miscellaneous
Enterprise Services beyond those employees listed under Option 1 or Option 2 above and in what
capacity they will be used. If some employees would be used for both MSW-Related Services and
Miscellaneous Enterprise Services, explain how those employees would manage multiple
responsibilities.
c. Identify and provide contact information for the person that will have overall responsibility for the
Miscellaneous Enterprise Services.
d. Provide an Operations and Management Plan summary that includes daily operating procedures, litter
control, the flow of customers and materials, hours and days of operation, and policies and procedures
for safety and security issues and for handling complaints.
e. List the quantity, type and model of each piece of essential equipment (including backup), how they will
be used and their replacement schedules. Include rolling stock, construction equipment, containers and
specialty equipment, if any.
f. For vegetative waste and pallet grinding, provide a commitment of stockpiling no more than half a
year’s material quantity on the leased site.
g. Identify the term of the agreement for Miscellaneous Enterprise Services that is being proposed. Include
proposed rights to contract extensions, if any.
3. Recycling Services
Proposers should describe their overall approach and commitment to improving the quality and levels of
recycling services for residents and businesses in the County’s service area. A detailed narrative of proposed
services should be included that includes the rationale for how services will be provided as well as how each
service fits into the overall proposed approach. Proposers are also encouraged to separately propose new and
innovative approaches for the improvement of recycling services to achieve higher recycling rates in the
County’s service area.
Page 13
In addition, the following minimum information should be provided for the Ivy Recycling Program:
a. Describe how the Ivy Recycling Program will be provided. Include any procedural modifications or
proposed changes or additions from the County’s current program being proposed.
b. Identify the number and type of additional employees and laborers to be working on Ivy Recycling
Programs beyond those employees listed above and in what capacity they will be used. If some
employees would be used for both MSW Related Services and Ivy Recycling Programs, explain how
those employees would manage multiple responsibilities.
c. Identify and provide contact information for the person that will have overall responsibility for the Ivy
Recycling Programs.
d. Provide an Operations and Management Plan summary that includes daily operating procedures, litter
control, the flow of customers and materials, hours and days of operation, and policies and procedures
for safety and security issues and for handling complaints.
e. List the quantity, type and model of each piece of essential equipment (including backup), how they will
be used and their replacement schedules. Include rolling stock, containers and specialty equipment, if
any. Describe how materials will be marketed and identify the markets anticipated to be used.
f. Identify the term of the contract that is being proposed.
G. Proposed Payments and Fees for Services
The Proposer must propose both User Fees and County Service Fees for all services as listed in the attached Fee
Schedule. In addition, the Proposer must provide a schedule of fees that it proposes to charge the County for
each Alternative Service. The Service Provider will retain all revenue from the sale of materials and from fees
charged to customers. The proposed fee schedule must be submitted in a separate, sealed envelope along with
the complete Proposal. The Proposer must submit completed cost forms included in this RFP with its Proposal.
Proposers should review the terms and conditions in section V. in determining fee schedules.
H. Proposed Contractual Conditions (Contractual Alternatives)
Each exception to the terms and conditions described in this RFP must be clearly identified with alternative
language and an explanation of how the alternative benefits the County. In addition, each condition of
performance or obligation proposed under the Service Agreement must be clearly identified and defined.
Exceptions taken at the time of negotiations and not identified in the Proposal may be grounds for elimination.
I. Insurance
Proposals must demonstrate that the operator will be capable of indemnifying the County from any and all
liability resulting from its operations, including liability from any environmental pollution or contamination
caused by spills, seepage, or other circumstances, and shall provide proof of insurance acceptable to the County
in terms and amount of coverage.
Page 14
County of Albemarle
Request for Proposals
SCHEDULE OF FEES – January 2014 to June 30, 2015
Services
Units
(A)
Estimated
Quantity*
(B)
User
Fees**
(C)
REVENUE
(D = B x C)
COUNTY
SERVICE
COST*** (E)
TOTAL
COST
(F = D + E)
MSW Ton 4.000
Bag
(Sticker)
2,000
Recycling Ton 500
Miscellaneous
Services
Appliances
No Freon
Each 200
Appliances –
Freon
Each
200
Tires Ton 150
Tires Each 500
Clean Fill Ton 5,000
Vegetative
Waste
Ton 2,000
Pallets Ton 80
Alternative
Services
* Estimated Quantities are annual estimates of anticipated usage and only for purpose of proposal evaluation.
This does not represent any guarantee of materials quantities that will be received. Proposers are encouraged to
carefully review all data from the Rivanna Solid Waste Authority for historical data and to draw their own
conclusion on anticipated future materials.
**User Fee is the fee the Proposer will charge users for disposal of materials. This Proposal is based on the County
Board of Supervisors adopting this as a fee for services. Should the Board not adopt this as a fee, the Proposer may
choose to accept the adopted fees, withdraw their proposal without penalty, or negotiate alternative fees with the
County
**County Service Cost is the annual supplemental funding Proposer expects the County to provide to make this
service profitable. This fee is a lump sum and not adjusted by actual quantity of materials received.
Return to exec summary
County of Albemarle
Department of Community Development
Memorandum
To: Tom Foley, County Executive
From: Mark Graham, Director of Community Development
Date: 08 March 2013
Subject: Solid Waste- Board Consideration on 13 March 2013
Tom,
To supplement the executive summary for the solid waste RFP, I am providing additional information resulting
from the RSWA Board meeting of March 7th. This information includes a draft lease proposal from RSWA and
information on likely costs associated with choosing this service option, neither of which were known prior to the
RSWA Board’s discussion.
A copy of the proposed lease is attached. This lease defines the area to be provided to the County and the
conditions. I will save the discussion of the costs for the second part of this memo. I note this lease is a fairly
complex document and there are a large number of issues that will need to be resolved before staff could
recommend the Board consider it. Among the outstanding issues are the County’s need to obtain an industrial
stormwater discharge permit, reimburse RSWA for all costs in preparing this lease and reviewing any plans for
use of the leased space, responsibility for maintaining equipment and the current condition of that equipment,
and insurance requirements. Some of these issues cannot be finalized until there is a contractor’s proposal that
can be compared to the lease conditions, noting that it is RSWA’s expectation the County will reimburse them for
all costs associated with that evaluation. I anticipate it would take the County staff and RSWA staff a month to
work through these issues once a proposal is in hand, but it could take much longer than this if this requires
iterative consultations with the respective Boards.
With respect to the cost, yesterday’s RSWA meeting provided considerable guidance on likely costs with this
lease. I have identified four parts to the costs: 1) Initial startup costs, 2) RSWA direct costs, 3) RSWA indirect,
and 4) County costs for management of operations.
1. Per attachment B of the draft lease agreement, RSWA has estimated their initial startup costs for
this lease at $53,500,. This would be a one-time cost in the first year of the lease. I note this did not
include RSWA legal expenses associated with the lease but the lease includes a condition that RSWA be
reimbursed for those expenses. As such, I have rounded up this cost to $75,000.
2. The RSWA direct cost is what RSWA anticipates will be required for them to manage this lease
on an annual basis. RSWA has provided an initial estimate of $15,000 per year.
3. The RSWA indirect costs are associated with County funding of remaining RSWA functions. It
is anticipated those programs costs will increase due to the lost efficiencies and fixed costs that must be
split among remaining programs. For example, at the last County Board work session on solid waste, I
shared an initial estimate of increased environmental costs in the range of $50,000 to $150,000 per year,
depending on possible sharing of staff with RWSA. To this, we have now added the anticipated cost
increases for providing McIntire Recycling Center services without currently shared efficiencies.
RSWA’s estimates the County should anticipate an indirect cost of up to $125,000.
4. Finally, I previously estimated the County’s management costs for the contracted services could
be up to $50,000 per year. Based on this draft lease agreement and the need to manage an industrial
discharge permit as part of this, I believe that $50,000 should be viewed as a minimum cost for County
management.
Totaling these parts, the County should anticipate a first year cost of lease of approximately $265,000 and
subsequent year costs of approximately $200,000.
For the first time, we now have enough information to frame the possible cost savings from privatizing this
service. This is done by comparing RSWA’s estimate for continued County services against the potential costs
with this lease. RSWA previously provided an estimate of $290,000 for FY 14 to continue current services at
Ivy, which I have rounded up to $300,000. The best case would be a proposal for services at no additional cost to
the County. In that case, the first year potential savings would be $35,000 and the subsequent year savings are
potentially around $100,000. If the contracted services require additional County support, the potential costs
savings decrease by the amount of that support payment. For example, if the contract required $35,000 in County
support, there would be no savings in the first year and $65,000 in savings for subsequent years.
Finally, staff recognizes the privatized operation also requires the County to assume risks, some of which cannot
be quantified and/or remain unknown. Staff has identified the following risk factors that should be weighed
against the potential cost savings.
Community Relations- RSWA has done a very good job in recent years in being a good neighbor to the
surrounding properties. We can attempt to maintain this through tight contract provisions, but many
of these things are hard to oversee. For example, timeliness and thoroughness in responding to
complaints.
Permitting – The complexity of the permitting will depend in part on the proposal selected. However, it
should be remembered this will be the County’s permit, not the contractors, and the County is
responsible for the actions of its contractor.
Environmental Risk – While RSWA has done a very good job of identifying and managing known
environmental issues, there is no assurance that all issues have been identified at this time. There
remains some risk that new issues could arise from a previously unknown cause and this lease puts the
County in the recent chain of title. Additionally, as with any facility of this type, there exists the risk
of a hazardous waste spill and the County will be the responsible party. That risk can be managed, but
not eliminated, through a careful contract.
New County Service – Frankly, staff is inexperienced at providing this service. As with any new
business operation, mistakes are more common until experience is gained and those mistakes will
translate into costs.
Contract Management – As with all contracts, this can be a relatively simple or incredibly complex task
dependent on the selected contractor and their motivations. If this proves burdensome, it will require
more time from the County Attorney’s office and County Executive’s office.
Opportunity Cost- Related to the above risk, additional time spent by County leadership in managing this
service means there is less time available for other important County issues. That represents an
opportunity cost to the County.
Long-Term Solution – This RFP is intended to maintain an acceptable level of services, but it requires
the County to lock into an extended period of time and that may impede the County’s ability to provide
additional services or take advantage of opportunities that may develop. For example, if there was
interest in regional convenience centers in the near future, the contract may make it expensive for the
County to provide this service when committed to services at Ivy for the length of the contract.
RSWA Lease Proposal
Return to exec summary
DRAFT 03/05/13
IVY MATERIALS UTILIZATION CENTER
LEASE AGREEMENT
Dated as of _______ ___, 2013
By and Among
RIVANNA SOLID WASTE AUTHORITY
And the
COUNTY OF ALBEMARLE, VIRGINIA
TABLE OF CONTENTS
Page
i
1. LEASE OF PREMISES ..................................................................................................... 1
2. APPROVALS; CONSTRUCTION OF IMPROVEMENTS............................................. 2
2.1 Approvals ............................................................................................................... 2
2.2 Construction of Improvements .............................................................................. 2
2.3 Further Assurances; Warranties ............................................................................. 3
3. TERM ................................................................................................................................ 3
4. CONVEYANCE OF TENANT IMPROVEMENTS ........................................................ 4
5. RENTAL ............................................................................................................................ 4
5.1 Base Rent ............................................................................................................... 4
5.2 Additional Rent ...................................................................................................... 4
5.3 Payment Terms ...................................................................................................... 4
6. USE OF THE PREMISES ................................................................................................. 4
6.1 Permitted Use ......................................................................................................... 4
6.2 No Required Continuous Use ................................................................................ 5
7. MAINTENANCE AND REPAIR ..................................................................................... 5
8. ALTERATIONS AND IMPROVEMENTS ...................................................................... 5
9. LIEN OBLIGATIONS....................................................................................................... 5
10. TENANT’S PROPERTY................................................................................................... 6
11. SURRENDER OF PREMISES ......................................................................................... 6
11.1 Surrender ................................................................................................................ 6
11.2 Required Repairs .................................................................................................... 6
11.3 Holding Over ......................................................................................................... 6
12. ASSIGNMENT AND SUBLETTING .............................................................................. 6
12.1 Assignment by Tenant ........................................................................................... 6
12.2 Assignment by Landlord ........................................................................................ 7
13. INSURANCE ..................................................................................................................... 7
13.1 Tenant’s Liability Policy........................................................................................ 7
13.2 Builder’s Risk ........................................................................................................ 7
13.3 Casualty and Flood Insurance ................................................................................ 7
13.4 Requirements ......................................................................................................... 8
TABLE OF CONTENTS
(continued)
Page
ii
13.5 Waiver of Subrogation ........................................................................................... 8
14. LOSS BY FIRE OR OTHER CASUALTY ...................................................................... 8
14.1 Restoration ............................................................................................................. 8
14.2 Termination ............................................................................................................ 9
14.3 Application of Proceeds on Termination ............................................................... 9
15. FORCE MAJEURE EVENTS ......................................................................................... 10
16. EVENTS OF DEFAULT ................................................................................................. 10
16.1 By Tenant ............................................................................................................. 10
16.2 By Landlord ......................................................................................................... 10
17. LANDLORD REMEDIES............................................................................................... 11
17.1 Termination .......................................................................................................... 11
17.2 Limitation ............................................................................................................. 11
17.3 Self-Help .............................................................................................................. 11
18. TENANT REMEDIES; LANDLORD’S LIABILITY .................................................... 11
19. LANDLORD’S RIGHT OF ENTRY .............................................................................. 11
20. UTILITIES ....................................................................................................................... 12
21. SIGNS .............................................................................................................................. 12
22. TIT LE AND QUIET ENJOYMENT ............................................................................... 12
23. HAZARDOUS MATERIALS ......................................................................................... 12
23.1 Definitions............................................................................................................ 12
23.2 Landlord’s Representations Warranties and Covenants ...................................... 13
23.3 Tenant’s Representations, Warranties and Covenants ......................................... 14
23.4 Landlord Conditions ............................................................................................ 14
24. TERMINATION OPTION .............................................................................................. 14
25. NOTICES ......................................................................................................................... 14
26. RIGHTS OF SUCCESSORS AND ASSIGNS ............................................................... 15
27. DIVISIBILITY ................................................................................................................ 15
28. ENTIRE AGREEMENT .................................................................................................. 15
29. GOVERNING LAW ........................................................................................................ 16
30. TIME ................................................................................................................................ 16
31. CAPTIONS ...................................................................................................................... 16
TABLE OF CONTENTS
(continued)
Page
iii
EXHIBITS:
Exhibit A-1 - Description/Plat of the Land
Exhibit A-2 - Description of Stormwater Management Zone/“Peanut Pond”
Exhibit B - Landlord Lease Preparation Costs
Exhibit C - Purposes and Permitted Uses
Exhibit D - Permitted Encumbrances
IVY MATERIALS UTILIZATION CENTER LEASE AGREEMENT
THIS IVY MATERIALS UTILIZATION Center LEASE AGREEMENT (this
“Lease”) is made and entered into effective as of the day of _______ ___, 2013 (the “Effective
Date”), by and between RIVANNA SOLID WASTE AUTHORITY, a public body politic and
corporate (“Landlord”) and the COUNTY OF ALBEMARLE, VIRGINIA, a political
subdivision of the Commonwealth of Virginia (“Tenant”).
W I T N E S S E T H:
IN CONSIDERATION of the rentals, covenants and conditions hereinafter set forth, and
intending to be legally bound thereby, Landlord and Tenant do hereby covenant and agree as
follows:
1. LEASE OF PREMISES. Landlord does hereby lease and demise to Tenant, and
Tenant does hereby take and hire from Landlord, upon and subject to the terms, conditions,
covenants and provisions hereinafter set forth, the surface of all that certain piece, parcel or lot of
land consisting of approximately four and four tenths (4.4) +/- acres (“Land”), and related
improvements from time to time thereon (including, without limitation, the existing scales and scale
house, dock, transfer station conveyor equipment and equipment storage building (the “Existing
Improvements”, such Existing Improvements, together with the improvements, if any, constructed
on the Land by Tenant pursuant to the terms hereof (the “Tenant Improvements”) hereinafter
collectively referred to as the “Improvements”), situated, lying and being in the County of
Albemarle, Virginia. Said land is more particularly described on Exhibit A-1 attached hereto and
incorporated herein by reference (the Land and Improvements are referred to collectively as the
“Premises”). The Premises is leased to Tenant “AS IS, WHERE IS”. For purposes of this Lease,
the Premises shall not include the subsurface of the Land other than for structural support of any
Improvements, and Tenant shall have no control or authority to control the subsurface conditions of
the Land. Landlord shall retain exclusive control of the subsurface of the Land during the Term,
and Landlord shall retain responsibility for all subsurface conditions existing prior to
commencement of this Lease. Tenant shall be responsible for the impact, if any, of any of Tenant’s
activities on the subsurface of the Land. Throughout the Term (as defined herein), Landlord and its
employees, agents, consultants, contractors and representatives shall have a continuing right to
shared use of and access to the paved areas adjoining Dick Woods Road as shown on Exhibit A-1
to access those portions of the Ivy Landfill not included in the Premises. Tenant shall also be
responsible for daily removal of trash in the trash pick-up zone between the Premises and Dick
Woods Road as shown on Exhibit A-1 and if Tenant fails to perform this responsibility, after
24-hour notice from Landlord to Tenant of such failure, Landlord may pick-up such trash within
such zone and charge Tenant $200 as Additional Rent for each such occurrence. At no time shall
Tenant park trailers, containers, or any other vehicles, rolling stock or equipment on the Premises in
any manner such that such items are visible from Dick Woods Road. Runoff from the Premises will
enter the Stormwater Management Zone identified on Exhibit A-2, which leads to a detention pond
commonly referred to as the “Peanut Pond” identified on Exhibit A-2. Tenant shall obtain its own
Industrial Stormwater Permit and be responsible for compliance with such permit, including
periodic sampling of the Peanut Pond (after giving Landlord at least one (1) hour notice of same)
and any remediation and clean-up of the Peanut Pond required as a result of non-compliance of any
such sample caused by Tenant’s activities on the Premises, all as required under the terms of such
2
permit. In the event Landlord is required by the Virginia Department of Environmental Quality to
install one or more monitoring wells within the Premises, Landlord shall be permitted to install and
have 24 hour/7 day per week access to such well(s) and will cooperate with Tenant to the extent
reasonably practicable with respect to placement of such well(s) to minimize interference with
Tenant’s operations on the Premises.
2. APPROVALS; CONSTRUCTION OF IMPROVEMENTS.
2.1 Approvals.
(a) Defined. Tenant shall be solely responsible for obtaining any and all
governmental permits, licenses and approvals required in order to permit Tenant to conduct
its operations on the Premises, including, as applicable and without limitation, (i) any
permits required by the Virginia Department of Environmental Quality, (ii) any special
exception or other required zoning permits or approvals, site plan approval, subdivision
approval, building plan approval, and/or building permits required in connection with the
Tenant’s Work, and (iii) all licenses, permits, registrations, and other approvals pertaining
to the protection of the environment or related to air, water, storm water and/or waste
management (collectively, the “Approvals”).
(b) Continuing Obligation. Tenant shall take such actions as necessary
to keep the Approvals in full force and effect during the Term, including (without
limitation) any renewals or replacements thereof and any additional Approvals as may be
necessary for Tenant’s operations on Premises (subject to the terms of this Lease) with
terms and conditions reasonably satisfactory to Tenant and naming Tenant as the
“operator,” all of which shall constitute “Approvals” for the purposes of this Lease.
(c) Costs and Expenses. Tenant shall seek and obtain the Approvals at
its sole cost and expense. Landlord shall cooperate with Tenant’s efforts to obtain the
Approvals (including, without limitation, the execution of any applications, registrations or
other documents required in connection with the Approvals), provided the same is at no cost
or liability to Landlord.
2.2 Construction of Improvements.
(a) Tenant’s Work. Upon Tenant’s full and final receipt of the
Approvals (without appeal during any statutory appeal period) Tenant may construct any
Tenant Improvements it requires for its operations on the Premises, subject to the terms and
conditions of this Lease. Tenant shall construct lien-free any of Tenant’s Improvements in a
good and workmanlike manner, and in compliance with all laws and Approvals. Tenant’s
Improvements shall be constructed at Tenant’s sole cost and expense.
(b) Plans and Specifications. Prior to commencing construction of
Tenant’s Improvements, Tenant shall submit to Landlord proposed plans and specifications
(including proposed materials and finishes) for the Tenant’s Improvements. Landlord shall
have fifteen (15) days after receipt in which to approve or reject the proposed plans and
3
specifications, which approval shall not be unreasonably withheld, conditioned or delayed,
and may include a requirement for restoration to original condition or configuration upon
expiration of the Term. If Landlord timely rejects or objects to any such plans and
specifications, the reasons for rejection or objection shall be clearly stated in writing so that
Tenant is able to address the reason and thereby gain Landlord’s approval on resubmission.
After Tenant has resubmitted the same, Landlord shall have five (5) business days in which
to approve or reject such documents, which approval shall not be unreasonably withheld,
conditioned or delayed. If Landlord fails to give notice of its rejection of or objection to any
of the plans or specifications within any of the above time periods, each of said documents
not so rejected shall be deemed approved. The approved (or deemed approved) plans and
specifications for the Tenant’s Improvements are referred to herein as the “Plans and
Specifications.” Upon approval (or deemed approval), no material changes shall be made to
any Plans and Specifications without the written consent of both parties hereto. Tenant
shall reimburse Landlord for its out-of-pocket costs and expenses, if any, for review of such
plans and specifications upon presentation of invoices therefor.
2.3 Further Assurances; Warranties.
(a) Further Assurances. In the event it is necessary or desirable that
street, water, sewer, drainage facilities, gas lines, power lines, set back lines and other
easements, dedications and similar rights be granted or dedicated over or within portions of
the Premises by plat, replat, grant, deed or other appropriate instrument. Landlord and
Tenant shall, on written request of the other, timely join in executing and delivering such
documents, in recordable form, from time to time throughout the term of this Lease, as may
be reasonably appropriate or necessary or required by any governmental authority or public
utility for the purpose of granting such easements and dedications; provided, however, that
such action or conveyance does not materially and adversely interfere with the Landlord’s
operation of the Landfill or Tenant’s Work, or impact Tenant’s use or occupancy of the
Premises for the Permitted Use. The cost of any of the foregoing if required or desired by
Tenant or necessitated by Tenant’s occupancy of the Premises under this Lease, shall be
borne and paid in full by Tenant.
(b) Warranties. Upon the completion of the Tenant’s Improvements,
Tenant shall provide Landlord with copies of any builder’s or other warranties or guaranties
related to the Tenant’s Improvements, and shall cause all warranties or guaranties obtained
by it in connection with its work hereunder to inure to the benefit of both Landlord and
Tenant. Upon completion, Tenant shall provide Landlord with true, correct and complete
copies of all “as built” drawings for the work performed by such party in accordance
herewith. Tenant shall not take any action which will jeopardize coverage under or would
violate the terms of any warranty on any Improvements.
3. TERM. The term of this Lease shall commence on the Effective Date and expire on
the day that is ________ (__) years following the Effective Date (the “Initial Term”). At the end of
the Initial Term, provided there is no Event of Default of Tenant continuing, Tenant shall have the
right to extend the term of this Lease for an additional ___ (__) years (the “Extension Term”) upon
the terms and conditions provided herein, upon the giving of written notice to Landlord at least one
4
hundred twenty (120) days prior to the end of such Initial Term. The Initial Term and, if applicable,
any properly exercised Extension Term, are collectively referred to herein as the “Term.”
4. CONVEYANCE OF TENANT IMPROVEMENTS. Upon expiration of the Term
of this Lease, Tenant shall convey any Tenant Improvements to Landlord pursuant to a deed of
improvements in form and substance reasonably requested by Landlord, and Tenant shall be solely
responsible for any recording taxes, transfer taxes, or other fees or charges due and payable in
connection with the execution, delivery and/or recordation of the conveyance instrument.
5. RENTAL.
5.1 Base Rent. Upon and following the Operations Commencement Date,
Tenant shall pay base rental for the Premises (“Base Rent”) in accordance with this Section 5.1.
(a) Initial Term. The Base Rent due and payable for the entire Initial
Term shall be ___________Dollars ($________) per year payable [yearly] in advance on
__________ ___ of each year.
(b) Extension Term. The Base Rent due and payable during the
Extension Term, if any, shall be __________ ($_______)per year payable yearly in advance
on __________ ___ of each year.
5.2 Additional Rent. Any other sums payable by Tenant to Landlord under this
Lease shall be deemed to be “additional rent.” Additional Rent shall include Landlord’s costs and
expenses associated with making the Premises available for lease to Tenant as set forth on Exhibit
B attached hereto (“Landlord Lease Preparation Costs”). Tenant shall reimburse Landlord for all
Landlord Lease Preparation Costs on or prior to the Effective Date. Base Rent and additional rent,
if any, are collectively referred to herein as “Rent.”
5.3 Payment Terms. All payments of Rent and all other charges and payments
required to be made by Tenant to Landlord hereunder shall be paid to Landlord, at the address set
forth in Section 25 below for notices to Landlord, or at such other address as Landlord shall notify
Tenant of in writing in accordance herewith.
6. USE OF THE PREMISES.
6.1 Permitted Use. Tenant shall have the right to use the Premises solely for the
purposes and permitted uses described in Exhibit C and for no other purpose (the “Permitted Use”).
Tenant covenants and agrees not to occupy or use or permit the Premises to be occupied or used
contrary to any statutes, rules, order, ordinance, requirement or regulation applicable thereto, and
that it shall observe the terms and requirements of any applicable Permitted Encumbrances.
6.2 No Required Continuous Use. Any provision of this Lease to the contrary
notwithstanding, Tenant shall not be required to make any use of the Premises or to continuously
occupy the Premises or operate therein, and Tenant shall not be liable to Landlord for the failure of
Tenant to make any use of the Premises or to operate in or occupy the Premises during any
5
particular hours or at all; provided, however, that Tenant’s failure to use or occupy the Premises at
any time or from time to time shall not relieve it of its obligation to pay rent, its maintenance and
repair obligations or any of its other obligations under this Lease.
7. MAINTENANCE AND REPAIR. From and after the Effective Date, Tenant agrees
promptly, at its sole cost and expense except as otherwise expressly set forth herein, to make all
repairs, replacements and renewals which become necessary in or about the Premises (or with
respect to Tenant’s Property, as defined in Section 10 below). To the extent Tenant is obligated to
make any repairs, replacements or renewals in or about the Premises, Landlord does hereby assign
to Tenant all manufacturers’ and contractors’ warranties and guarantees covering any
Improvements on the Premises that may be in effect during the Term. From and after the Effective
Date, in addition to the maintenance and repair obligations enumerated above, Tenant shall be
responsible for the maintenance, repair and replacement, as necessary, of each of the following: (i)
all paved surfaces and gates within the Premises (including snow and ice removal sufficient to
permit Landlord access to areas of the Ivy Landfill outside the Premises on a 24 hour/7 days per
week basis, (ii) the roof, roof membrane, exterior walls, gutters, downspouts, floor, foundation, and
other structural elements of any Improvements, and utility lines running outside of the exterior
walls and roof, (iii) the plumbing, electrical, heating, ventilation and air-conditioning (if any), and
other systems serving the Premises (the “Building Systems”), (iii) filter changes and other routine
maintenance of and to the heating, ventilation and air-conditioning systems serving the
Improvements, if any, and (iv) the maintenance and upkeep of all materials handling and transfer
station equipment (including the scale house and scales) located on the Premises. Tenant shall keep
in place commercially reasonable service and maintenance contracts for such services with third
party contractors reasonably acceptable to Landlord (the “Service Contracts”).
8. ALTERATIONS AND IMPROVEMENTS. Following the Effective Date, Tenant
shall have the right and privilege to make such Tenant Improvements during the Term, at its own
cost and expense, in and to the Premises in such manner as it may deem necessary or convenient for
its operations permitted on the Premises; provided, however, that material changes or alterations to
the structural elements of the Existing Improvements or to the paved areas within the Premises must
first be submitted to Landlord for its written approval, not to be unreasonably withheld, conditioned
or delayed. If Landlord fails to respond to any request for alterations within fifteen (15) days of
Tenant’s request, they shall be deemed to have consented to the same. Any alterations,
improvements, additions or changes made to the Premises by or for Tenant under the terms of this
Section 8 shall attach to the realty and become the property of Landlord upon termination of this
Lease unless removed by Tenant as permitted hereunder. Tenant’s alterations shall be performed in
a good and workmanlike manner in accordance with applicable laws. Tenant shall reimburse
Landlord for its out-of-pocket costs and expenses, if any, for review of the plans and specifications
for any such alterations and improvements upon presentation of invoices therefor.
9. LIEN OBLIGATIONS. If any mechanic’s, materialmen’s, or other similar lien is
filed against the Premises as a result of any work performed by or on behalf of Tenant, Tenant shall
discharge, bond or otherwise remove such mechanic’s, materialmen’s, or other lien within thirty
(30) days after receipt of notice of the filing thereof; provided, however, Tenant shall have the right
to contest any such lien by the institution of appropriate legal proceedings or otherwise. Tenant
6
shall have no authority, expressed or implied, to encumber or subject the Premises or the interest of
Landlord in the Premises to any mechanics’, materialmen’s, or other liens of any nature
whatsoever.
10. TENANT’S PROPERTY. Tenant shall have the right to place or install in or upon
the Premises such fixtures, trade fixtures, furnishings, equipment, inventory, and other personal
property as it shall deem desirable for the conduct of its operations permitted on the Premises
(collectively, “Tenant’s Property”), and all Tenant’s Property so placed in or upon the Premises at
the expense of Tenant (whether or not readily removable) shall remain the property of the Tenant,
and shall be removed by Tenant on or before the expiration or termination of this Lease. In the
event such removal shall cause damage or disfigurement to any of the Improvements, the cost of
repairing the same shall be borne by Tenant and Tenant shall perform such repairs prior to the
expiration of the Lease. Tenant may remove the Tenant’s Property from the Premises prior to the
termination of this Lease, provided that Tenant shall repair, at Tenant’s expense, any damage
caused by such removal. Landlord shall not be responsible for any loss or damage occurring to any
property owned by Tenant or any subtenant, assigns, licensee, or other parties unless damage was a
direct result of the negligence or willful misconduct of Landlord.
11. SURRENDER OF PREMISES.
11.1 Surrender. Upon the expiration of this Lease, and except as set forth in
Section 14, or arising on account of the negligence or willful misconduct of Landlord, Tenant shall
surrender the Premises to Landlord in good order and condition, reasonable wear and tear excepted.
11.2 Required Repairs. If there are damages that are the express responsibility of
Tenant hereunder, then Tenant must repair the same prior to surrender, unless Landlord agrees to
accept cash in the amount of anticipated repairs. At the expiration or earlier termination of this
Lease, Landlord and Tenant shall schedule a walk-through of the Premises to determine whether
Tenant has complied with its obligation to surrender the Premises in accordance with this Section
11. Landlord shall notify Tenant of any non-compliance promptly upon completion of the
walk-through.
11.3 Holding Over. If Tenant should remain in possession of the Premises after
the expiration of the Term, as renewed or extended, and without executing a new lease, then such
holding over shall be construed as a tenancy at sufferance, subject to all the conditions, provisions
and obligations of this Lease while such tenancy continues.
12. ASSIGNMENT AND SUBLETTING.
12.1 Assignment by Tenant. Tenant shall not have the right to assign or sublet all
or any portion of the Premises; provided, however, that Tenant may assign this Lease or sublet all or
any portion of the Premises, in each case without Landlord’s consent, to any Affiliate (as defined
below in this Section 12.1) of Tenant, provided that no such assignment of this Lease shall be
deemed to release the Tenant of its obligations to Landlord under this Lease. For the purposes of
this Lease, “Affiliate” shall mean any waste authority formed by Tenant under the Virginia Water
and Waste Authorities Act as the same may be amended from time to time.
7
12.2 Assignment by Landlord. Tenant’s prior written consent shall be not be
required as a condition to any sale, transfer or conveyance of the Premises by Landlord or for any
sale of all or substantially all of the assets of Landlord, or for any merger of Landlord, or for any
change of control of Landlord (any such event, a “Landlord Transfer”).
13. INSURANCE.
13.1 Tenant’s Liability Policy. Tenant agrees, at Tenant’s expense, to procure
and maintain in force and effect continuously during the entire Term and any extensions or
renewals thereof, a policy or policies of Commercial General Liability insurance from a company
or companies authorized to do business in the Commonwealth of Virginia, insuring Landlord as an
additional insured, but for each Additional Insured only for occurrences arising out of Tenant’s use
and occupancy of the Premises, in an amount of Five Million Dollars ($5,000,000.00) combined
single limit for bodily injury and property damage per occurrence and in the aggregate, which
amount(s) may be satisfied through primary and umbrella coverage. The policy shall not contain
any exclusion for environmental matters except for pre-Effective Date conditions. A renewal
policy shall be secured not less than thirty (30) days prior to the expiration of any policy. Tenant
shall provide to Landlord copies of insurance certificates upon request.
13.2 Builder’s Risk. During the period of any performance of the Tenant’s Work,
Tenant will carry or will cause its contractor(s) to carry builder’s risk insurance in amounts and with
carriers reasonably satisfactory to the other party hereto on all Improvements to be constructed by
Tenant, against hazards customarily insured against by builder’s risk coverage type of insurance as
now contained in policies in effect in the Commonwealth of Virginia, in an amount equal to not less
than the full replacement value of all Tenant Improvements to be constructed by Tenant on the
Premises, and shall pay the premium or premiums on said insurance promptly when due. Tenant
shall provide to Landlord copies of insurance certificates upon request.
13.3 Casualty and Flood Insurance. At all times during the Term from and after
the Effective Date, Tenant shall, at its sole cost and expense, keep or cause to be kept all
Improvements at any time constituting or located upon the Premises, insured against fires and all
perils included within full standard extended coverage insurance (including coverage for damage
by flood, if the Center or other Improvements are located in a flood zone), from good and
responsible insurance companies, authorized to do business in the Commonwealth of Virginia, in
an amount not less than One Hundred Percent (100%) of the insurable value of the Improvements
erected or to be erected on the Premises, or One Hundred Percent (100%) of the replacement cost of
the same, whichever shall be less, said insurance to be for the benefit of Tenant and Landlord, as
their interests appear. Tenant shall pay the premium or premiums on said insurance promptly when
due, and shall provide Landlord copies of insurance certificates upon request. Tenant shall name
Landlord as a loss payee (and not an additional insured) on the insurance provided in this Section
13.3.
13.4 Requirements. All insurance which Tenant is obligated to maintain under
the terms and provisions of this Lease shall (i) except for the builder’s risk and property insurance
policies contemplated by Section 13.2, name Landlord as additional insured; (ii) shall be issued by
insurance companies licensed in the Commonwealth of Virginia and having an A.M. Best rating of
8
A:XV or better or the equivalent thereof; and (iii) specifically provide that the insurance afforded
by such policy for the benefit of Landlord shall be primary and any insurance carried by Landlord
shall be excess and non-contributing (provided, however, that notwithstanding the foregoing the
casualty or extended coverage insurance maintained by Tenant pursuant to Section 13.3 above shall
remain primary in nature regardless of any similar policy or policies maintained by Landlord, and
the policy or policies maintained by Tenant shall be exhausted in full before any amounts shall be
due and payable under any policy issued to Landlord). If Tenant provides any insurance required
by this Lease in the form of a blanket policy, Tenant shall furnish satisfactory proof that such
blanket policy complies in all respect with the provisions of this Lease, and that the coverage
thereunder is at least equal to the coverage which would be provided under a separate policy
covering only the Premises. Should Tenant fail to purchase the insurance called for herein and to
deliver said certificates to Landlord, Landlord shall have the right, at its option, upon no less than
fifteen (15) days prior written notice to Tenant, in addition to all other rights or remedies available
to Landlord hereunder, to procure said insurance, and pay the requisite premiums therefore, in
which event, Tenant shall pay all sums so expended by Landlord upon demand which shall
constitute additional rent. All such policies shall, to the extent obtainable (if at all), contain an
agreement by the insurers that such policies shall not be canceled without at least thirty (30) days
prior written notice to Landlord. Tenant shall promptly notify Landlord of any casualties, losses or
claims which may be covered by any such insurance.
13.5 Waiver of Subrogation. Tenant waives any claim it may have against
Landlord for any loss or damage to its property, whether caused by the negligence or fault of
Landlord, to the extent said loss is covered by any insurance which Tenant is required to obtain
hereunder or which Tenant actually maintains, whichever is greater. Tenant shall cause its
insurance carrier to waive any right of recovery against Landlord for any loss of or damage to
property which loss or damage is covered by insurance (or, if the insurance required hereunder had
been carried, would have been so covered). For purposes of this Section 13.5, any deductible with
respect to Tenant’s insurance shall be deemed covered by, and recoverable by Tenant under, valid
and collectable policies of insurance.
14. LOSS BY FIRE OR OTHER CASUALTY.
14.1 Restoration. If, during the Term of this Lease, the Premises shall be
destroyed or damaged in whole or in part by fire, windstorm or any other cause whatsoever, Tenant
shall give Landlord prompt written notice thereof. Except in the event of a termination as
specifically provided below in Section 14.2, all insurance proceeds attributable to such casualty
shall be payable to and become the property of Tenant, and upon receipt of such proceeds Tenant
shall promptly repair, reconstruct or replace the Premises or the portion thereof so destroyed or
damaged, at least to the extent of the value and character thereof existing immediately prior to such
occurrence. All work shall be started as soon as practicable following Tenant’s receipt of
applicable casualty insurance proceeds, and subject to the foregoing Tenant shall use commercially
reasonable efforts to complete such work no later than one hundred eighty (180) days following the
casualty (subject to any Force Majeure Event, as defined in Section 15 below). Tenant shall,
however, immediately take such action as is reasonably necessary to assure that the Premises (or
any portion thereof) does not constitute a nuisance or otherwise present a health or safety hazard.
9
Rent shall proportionately abate during the time that the Premises or any part thereof is (in Tenant’s
reasonable discretion) unusable or inaccessible because of any casualty damage. Any and all such
work performed hereunder shall be performed in accordance with the Approvals and any other
applicable laws, rules or regulations, and shall be completed within a commercially reasonable
period of time following the casualty, subject to any Force Majeure Event.
14.2 Termination.
(a) Notwithstanding the foregoing, if (i) the Premises is damaged or
destroyed at any time during the Term to the extent that, in Tenant’s estimation (as set forth
below) it cannot be repaired or rebuilt within one hundred eighty (180) days after the date of
such destruction, (ii) the Premises should be so damaged by fire or other casualty during the
last twenty-four (24) months of the Term such that the cost of rebuilding or repairs exceeds
twenty-five percent (25%) of the replacement cost of the Premises, or (iii) the loss or
damage is not covered by casualty insurance as described in Section 13.3 above, then
Tenant may, in its sole discretion, terminate this Lease on written notice to Landlord within
thirty (30) days following Tenant’s reasonable and good faith determination (which shall be
made within thirty (30) days following delivery of Tenant’s notice to Landlord of the
casualty) of such time period or cost required to repair or rebuild. In such event, all Rent
and other charges payable by Tenant hereunder shall abate from and after the date of such
casualty and all insurance proceeds attributable to such casualty to the Premises shall be
allocated to the parties as set forth below in Section 14.3. If Tenant does not elect to
terminate this Lease in the manner provided herein, then in such event the parties shall
proceed in the manner set forth in Section 14.1 or 14.2(b) below.
(b) If the Lease is not terminated as provided in Section 14.2(a) above,
but Tenant thereafter fails (subject to Force Majeure Events) to either (i) substantially
complete the restoration and repair of the Premises within one hundred eighty (180) days
after the date of its good faith estimate of the restoration time described in Section 14.1,
subject to its receipt of insurance proceeds, or (ii) commence the restoration and repair of
the Premises promptly within a commercially reasonable time period following its receipt
of applicable insurance proceeds, and thereafter diligently pursue the restoration, then
Landlord shall have the right to terminate this Lease upon thirty (30) days written notice to
Tenant, so long as Landlord’s written notice is delivered to Tenant prior to the Premises
being substantially completed by Tenant. In the event of a termination hereunder, all Rent
and other charges payable by Tenant hereunder shall abate from and after the date of such
casualty and all insurance proceeds attributable to such casualty to the Premises shall be
allocated to the parties as set forth below in Section 14.3.
14.3 Application of Proceeds on Termination. Upon termination of this Lease
under Section 14.2, Tenant shall surrender the Premises to Landlord and neither party shall have
any further obligations or liabilities under this Lease, except as otherwise expressly set forth herein
or therein, and all casualty insurance proceeds applicable to the Improvements (and specifically
excluding proceeds of insurance maintained by Tenant with respect to Tenant’s Property, if any,
which shall belong solely to Tenant) shall be applied: first, to pay any monetary obligations of
Tenant to Landlord that are then outstanding and unpaid hereunder, if any; second, Tenant shall be
10
entitled to the amount of casualty insurance proceeds allocable to the Tenant Improvements; and
third, the balance of any casualty insurance recovery shall belong to Landlord.
15. FORCE MAJEURE EVENTS. In the event a party is unable to perform its
obligations under this Lease due to inclement or severe weather condition, natural disaster, act of
war or terror, labor disputes/strikes, act of god, insurrection, civil commotion, riot, or unavoidable
casualty (including casualty not covered by insurance coverage described above) or any other
event, factor or circumstance beyond the reasonable control of the affected party precludes it from
performing any duty or obligation under this Lease, any such condition being referred to herein as
“Force Majeure Event,” then such party shall be excused from performing its obligation hereunder,
other than any payment of money due and payable hereunder.
16. EVENTS OF DEFAULT.
16.1 By Tenant. The following shall be deemed to be “Events of Default” by
Tenant under this Lease: (i) Tenant shall fail to make any payment of Rent when due and such
failure is not cured within ten (10) days following receipt by Tenant of written notice thereof by
Landlord; (ii) except for the payment of Rent, Tenant shall fail to comply with any term or
condition of this Lease and such failure is not cured within thirty (30) days following the giving of
written notice thereof by Landlord to Tenant (unless such failure is not monetary and is of such a
nature that it will require more than thirty (30) days to cure, in which case such cure period shall be
extended for so long as Tenant shall promptly commence and diligently prosecute the cure of such
failure, and while doing so shall continue to perform all of its monetary obligations hereunder); or (iii)
Tenant abandons or vacates the Premises and fails to use or operate its business in the Premises for
more than one hundred eighty (180) days in any consecutive 365-day period (excluding from such
calculation, however, any day(s) upon which Tenant does not use or operate its business in the
Premises on account of (a) Force Majeure, (b) events of casualty or condemnation, (c) temporary
closures for any repairs, maintenance or replacements required or permitted to be performed
hereunder, or (d) any default by Landlord hereunder or other acts or omissions of Landlord).
16.2 By Landlord. The following shall be deemed events of default by Landlord
under this Lease: Landlord fails to keep, perform or observe any covenants to be kept, observed or
performed by Landlord under this Lease, which failure continues for a period of thirty (30) days
after written notice of such failure from Tenant to Landlord (unless such failure is of such a nature
that it will require more than thirty (30) days to cure, in which case such cure period shall be
extended for so long as Landlord shall promptly commence and diligently prosecute the cure of
such failure).
17. LANDLORD REMEDIES. If an Event of Default of Tenant occurs, Landlord, upon
giving Tenant written notice of default and the expiration of the applicable opportunity to cure, may
do any of the following:
17.1 Termination. Landlord may, pursuant to written notice thereof to Tenant,
terminate this Lease and, peaceably or pursuant to appropriate legal proceedings, re-enter, retake
and resume possession of the Premises for Landlord’s own account.
11
17.2 Limitation. Notwithstanding anything in this Lease to the contrary, in no
event shall either Tenant or Landlord be liable to the other for any consequential, special, indirect,
punitive damages or exemplary damages including, without limitation, lost profits; provided;
however, that the exclusion contemplated by this Section 17.2 shall not apply to (i) either party’s
obligation to indemnify the other party for any such items of damages that are awarded to a third
party, and/or (ii) claims that arise from the willful misconduct or gross negligence of the
indemnifying party.
17.3 Self-Help. Landlord may, after notice to Tenant and a reasonable time to
perform after such notice (or without notice if, in Landlord’s reasonable opinion, an emergency
exists) perform the same for the account and at the expense of Tenant. If, at any time and by reason
of such default, Landlord is compelled to pay, or elects to pay, any sum of money or do any act
which will require the payment of any sum of money, or is compelled to incur any expense in the
enforcement of its rights hereunder or otherwise, such sum or sums, together with interest thereon
at the lesser of (a) twelve percent (12%) per annum or (b) the highest rate allowed under the laws of
the Commonwealth of Virginia (the “Default Rate”), shall be deemed additional rent hereunder and
shall be repaid to Landlord by Tenant promptly when billed therefor.
18. TENANT REMEDIES; LANDLORD’S LIABILITY. If an event of default of
Landlord occurs, Tenant, upon giving written notice of default to the Landlord and applicable
opportunity to cure such default, may without waiving any other rights hereunder, seek or pursue
any and all rights and remedies available to Tenant at law or in equity, and in addition to (and
without limiting) the foregoing Tenant shall further have the right to seek and pursue any of the
following remedies: (a) Tenant may bring suit to collect any amounts due from Landlord or for the
specific performance of Landlord’s duties and obligations under this Lease; (b) Tenant may
proceed to cure such default and demand payment of such amounts from Landlord (with interest at
the Default Rate), and upon such demand, Landlord agrees to reimburse Tenant immediately for
such amounts (or at Tenant’s election the same may be offset against Rent otherwise due and
payable hereunder); (c) in an event of default that has a material adverse effect on Tenant’s use,
occupancy or operation of the Premises, Tenant shall have the right to terminate this Lease upon
written notice to Landlord. Notwithstanding any provision to the contrary, if Landlord shall be
unable to perform, or shall for any reason or without reason fail to perform, its obligations under
this Lease, and as a result Tenant is unable to fully use and enjoy all or any part of the Premises, the
Rent shall abate during such period(s) to the extent of such inability.
19. LANDLORD’S RIGHT OF ENTRY. Tenant agrees that Landlord or its agents or
representatives shall have the right with at least twenty-four (24) hours written notice to enter into
and upon the Premises or any part thereof during regular business hours for the purpose of
inspecting the same, to ensure that the covenants and conditions of this Lease are being complied
with. In the case of emergency, Landlord shall be required to give only such notice as is reasonable
under the circumstances. Landlord shall not be required to give any notice to Tenant for entry onto
and use of the paved areas for which Landlord requires access to any portion of the Ivy Landfill not
within the Premises.
20. UTILITIES. Tenant shall be responsible for the installation of one or more separate
meters for the provision of existing electrical service as well as any upgrades required to such
12
service for the operations permitted on the Premises under this Lease. Tenant shall be responsible
to arrange for the provision of all utility services to the Premises on and after the Effective Date,
including but not limited to electricity, telephone and other communication services, water,
sanitation, janitorial services, and other similar utilities or services. Tenant shall make payment of
all sums due on account of all such utility services provided to the Premises, as they shall accrue
and be due and payable. Landlord shall not take, or grant any permission or consent for any person
or entity to take, any action that may interrupt or interfere with any utility service to the Premises
except as may occur in connection with bona fide emergencies. In no event shall Landlord be liable
for any interruption or failure in the supply of any utilities or services to the Premises as long as
interruption or failure is not due to the direct the negligence or willful misconduct of Landlord.
21. SIGNS. Tenant shall have the right, at its own cost and expense, throughout the
Term to install and maintain signs at such places upon the Premises as Landlord may approve, such
approval not to be unreasonably withheld, conditioned or delayed, provided said installation
complies with applicable laws and approvals, and any applicable permitted encumbrances. Upon
the expiration of this Lease, Tenant shall remove any such signs placed upon said Premises and
shall repair any damage to the Premises caused by the erection or removal thereof.
22. TITLE AND QUIET ENJOYMENT. Landlord warrants and covenants to Tenant
that Landlord is lawfully seized and possessed of the Premises in fee simple and has good and
marketable title thereto, subject only to the matters described in Exhibit D attached hereto and
made a part hereof (the “Permitted Encumbrances”), and Landlord has the full right to lease the
same for the Term aforesaid, and that as long as there is no Event of Default of Tenant continuing
hereunder, the Tenant may peaceably and quietly have, hold, occupy and enjoy the Premises and all
the appurtenances thereto.
23. HAZARDOUS MATERIALS.
23.1 Definitions. For purposes of this Lease the following terms shall have the
following meanings:
(a) “Environment” means surface water, ground water, drinking water
supply, soil, land surface or subsurface strata, ambient air, indoor air, sub slab and
subsurface air, flora, fauna and natural resources.
(b) “Environmental Laws” means applicable federal, state and local
statutes, laws, codes, ordinances, rules and regulations relating to protection of public
health, welfare, safety, natural resources and the Environment, including, without
limitation, those laws relating to the storage, handling and use of chemicals and other
hazardous or toxic materials, substances or wastes, pollutants or contaminants or the
generation, processing, treatment, storage, transport, disposal or other management of waste
or recyclable materials of any kind and those relating to the protection of environmentally
sensitive areas, including (without limitation), the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq., as amended, the
Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq., as amended, the
Federal Water Pollution Control Act, 33 U.S.C. § 1251, et seq.; the Clean Air Act, 42 U.S.C.
13
§ 7401, et seq. and regulations promulgated thereto and any similar state or local laws and
ordinances and any rules or regulations promulgated thereto.
(c) “Hazardous Material” means all pollutants, contaminants, chemicals,
materials, substances, constituents, compounds or wastes that pose a risk to human health or
safety or the Environment, or any other carcinogenic, mutagenic, ignitable, corrosive,
reactive, radioactive, toxic, petroleum based, infectious, medical, hazardous or toxic
substance, waste or material (whether solid, liquid or gaseous) subject to regulation, control
or remediation or otherwise defined or characterized as hazardous or toxic under any
Environmental Law, including crude oil, petroleum and petroleum products or by-products,
polychlorinated biphenyls, asbestos or asbestos-containing materials, lead or lead-based
paints or materials, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas
usable for fuel (or mixtures of natural gas and such synthetic gas), or radioactive material.
(d) “Release” means depositing, spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching, dumping, and disposing.
23.2 Landlord’s Representations Warranties and Covenants.
(a) Landlord hereby represents and covenants that it is the owner of fee
simple title to the Land, and that as of the Effective Date of this Lease, to the best of its
knowledge, there are and will be no Hazardous Materials located on the surface of the
Premises (collectively, “Effective Date Environmentally Clean Condition”).
(b) Landlord, at its sole expense, shall take all action required to remove
or otherwise remediate any Hazardous Materials as required by Environmental Law present
on the surface of the Premises prior to the Effective Date, or Released on the surface of the
Premises in connection with any activities of Landlord at the Landfill or other property
owned by it that would reasonably be expected to have an adverse effect on the Tenant’s use
of the Premises. Landlord shall operate the Landfill and its other property in material
compliance with Environmental Law and any permits and approvals issued thereto.
(c) Tenant acknowledges that the Landfill and subsurface of the
Premises may contain substances which may be considered Hazardous Material.
23.3 Tenant’s Representations, Warranties and Covenants. Tenant hereby
represents warrants and covenants that:
(a) Except as specifically specified below, Tenant agrees not to store any
Hazardous Material on the Premises or allow the Release of any Hazardous Material on,
onto or from the Premises, in each case in violation of any Environmental Law or in a
manner that results in the creation of liability or obligations, including, without limitation,
notification, deed recordation or remediation, under any Environmental Law. Landlord
acknowledges that Tenant will use in its operations certain material which may be
considered Hazardous Material and consents to such use, provided that Tenant shall be
responsible for storing, maintaining, using or disposing of the same.
14
(b) Tenant, at its sole expense, shall take all action required to remove or
otherwise remediate any Hazardous Materials as required by Environmental Law Released
in, on, onto, under or from the Premises upon or following the Effective Date by Tenant or
any assignee or subtenant of Tenant, except to the extent such Release arises out of
Landlord’s acts or omissions. Tenant shall operate the Premises in material compliance with
all applicable Environmental Laws and the Approvals.
23.4 Landlord Conditions. Notwithstanding anything in this Section 23.4 (or
elsewhere in this Lease) to the contrary, in no event shall Tenant be liable for or with respect to any
presence, disposal, release or threatened release of any Hazardous Material (a) on, about or under
the Landfill or any adjacent property of Landlord, at any time before, during or after the Term, or
(b) on, about or under the Premises and that occurs (i) prior to the date Landlord delivers possession
of the Premises to Tenant or (ii) otherwise on account of the actions or omissions of Landlord or
any party claiming by, through or under Landlord.
24. TERMINATION OPTION. Notwithstanding anything in this Lease to the contrary,
Tenant shall have the right, at its sole discretion, to terminate this Lease at any time following the
Operations Commencement Date and during the balance of the Term, for any reason or for no
reason, upon delivery of written notice to Landlord not less than one (1) year prior to such early
termination date. In the event of any termination of this Lease by Tenant pursuant to this Section 24
during the Initial Term, Tenant expressly agrees that it shall not be entitled to any return or
reimbursement of any prepaid Base Rent described in Section 5.1(a) above.
25. NOTICES. Any notice required or permitted to be given or served by either party to
this Lease shall be deemed to have been given or delivered, as the case may be, when delivered, one
(1) business day after deposit with a reputable overnight courier (such as FedEx) for next business
day delivery or three (3) days after deposit in the United States Post Office, Certified or Registered
Mail, Return Receipt Requested, charges prepaid, addressed to Landlord or to Tenant, as the case
may be, at their respective addresses below:
TO THE LANDLORD: Rivanna Solid Waste Authority
695 Moores Creek Lane
Charlottesville, VA 22902
Attn: Thomas L. Frederick, Executive Director
Fax: (434) 984-3760
With a copy (which does
not constitute notice) to: McGuireWoods LLP
310 Fourth St., N.E., Suite 300
Charlottesville, VA 22902
Attn: Kurt J. Krueger, Esquire
e-mail: kkrueger@mcguirewoods.com
15
TO THE TENANT: County of Albemarle
401 McIntire Road
Charlottesville, VA 22902
Attn: Thomas Foley, County Executive
Fax: (434) 296-5800
With a copy (which does
not constitute notice) to: County Attorney
401 McIntire Road
Charlottesville, VA 22902
Attn: Larry W. Davis, Esquire
e-mail: ldavis@albemarle.org
The above addresses may be changed at any time by giving ten (10) days prior written notice as
hereinabove provided.
26. RIGHTS OF SUCCESSORS AND ASSIGNS. The covenants and conditions
contained in this Lease shall bind and inure to the benefit of Landlord and Tenant and, subject to
Section 12 above, their respective heirs, executors, administrators, successors and assigns, but
neither Landlord nor Tenant shall be bound or liable unless and until this Lease shall have been
executed and delivered by both Landlord and Tenant.
27. DIVISIBILITY. If any term or provision of this Lease or the application thereof to
any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this
Lease, or the application of such terms or provisions to persons or circumstances other than those as
to when it is held invalid or unenforceable, shall not be affected thereby, and each term and
provision of this Lease shall be valid and enforceable to the fullest extent permitted by law.
28. ENTIRE AGREEMENT. This Lease and all attached Exhibits, and attached or
referenced plans or plats, contains the entire agreement between the parties, and no oral statement
or representations or prior written matter not contained in this instrument shall have any force or
effect. This Lease shall not be modified or amended in any way except by a writing executed by
both parties. Each party represents that the execution and delivery of this Lease has been duly
authorized by a duly authorized officer of such party.
29. GOVERNING LAW. The terms and provisions of this Lease shall be governed and
construed in accordance with the laws of the Commonwealth of Virginia, without regard to
conflicts of laws doctrines.
30. TIME. Landlord and Tenant agree that TIME IS OF THE ESSENCE in performing
the terms, conditions and contingencies of this Lease.
31. CAPTIONS. The captions appearing in this Lease are inserted only as a matter of
convenience and shall in no way affect this Lease. Any gender used herein shall be deemed to refer
to any other gender more grammatically applicable to the party to whom such use of gender relates.
16
The use of singular herein shall be deemed to include the plural, and conversely the plural be
deemed to include the singular.
[Signatures on Next Page]
Signature Page to Ivy Materials Utilization Center Lease Agreement
IN WITNESS WHEREOF, the undersigned parties have caused this Lease to be
executed and their respective seals affixed, as of the day and year first above written.
LANDLORD:
RIVANNA SOLID WASTE AUTHORITY
a public body politic and corporate
By: ______________________________
Name: ______________________________
Title: ______________________________
TENANT:
COUNTY OF ALBEMARLE, VIRGINIA
a political subdivision of the Commonwealth
of Virginia
By: ______________________________
Name: ______________________________
Title: ______________________________
A-1
A-2
B-1
EXHIBIT B
Landlord Lease Preparation Costs
Work Item Budget
Install Equipment Storage Building with Roof for Tractor, Mowers,
Backhoe - Suggest 48' x 30' x 10' high $ 25,000
Install Gravel Road approach to Storage Building $ 1,000
Disconnect power to transfer station from Main Outdoor Powerboard and
disconnect power to scales and scalehouse from breaker panel in Office
Building $ 700
Provide fenced enclosure between Emergency Generator/Main
Powerboard and Office Building (6' high x 130' in length, one gate) $ 2,800
Provide fenced enclosure around flare (6' high by 170' long, four corner
posts, and one gate) $ 3,500
Install fenced enclosure from north side of Office Building, around curved
road to transfer station, tie-in to existing fence near transfer station leachate
sump (6' high by 450' long, two gates) $ 8,800
Pull new electric service from panel board top of hill to Equipment Storage
Building, install 6 duplex 120V receptacles and one single 240V receptable
with raceways, install overhead lighting $ 4,000
Provide 40' long x by 50' wide gravel area for storage of Dump Body
Truck, Dozer Crawler, Road Tractors and Trailers $ 800
Relocate all reuse material from Encore Shop; possibly donate to charity $ 600
Empty three fuel tanks presently next to Barn and move off-site; surplus if
RWSA can't use $ 1,800
Move box containers and Hook-Lift Truck and store at RWSA Compost
Yard until Board decides future RSWA operation of Recycling Center(s) $ 1,500
Move off-site and surplus small containers used for recycling waste oil and
antifreeze $ 1,000
Conduct thorough Pre-Lease Condition Assessment with Video $ 2,000
ESTIMATED TOTAL $ 53,500
C-1
EXHIBIT C
Purposes and Permitted Uses
Collection of the following types of solid wastes between the hours of 7:00 am and 6:00 pm,
except Sundays, provided such collection is strictly within the authorization of federal and
state laws, regulations, and required permits:
• Municipal solid waste, as defined by the Environmental Protection Agency and the
Department of Environmental Quality, from residential and commercial sources;
• Tires and white goods (appliances);
• Vegetative wastes and clean fill as defined by regulations, and pallets;
• Household hazardous wastes through special collections, provided that all such wastes are
received and managed directly by a state or federal licensed hazardous waste generator and
transporter, all such wastes remain at all times in approved containers without leaking, and
all such hazardous waste is removed from the Premises at the end of the collection day. At
no time may hazardous waste be received outside of the parameters above, and at no time
shall such wastes be on the Premises overnight.
Solid waste containers used on the Premises at any time shall not exceed the number
sufficient for maintaining the permitted collection operations. Containers shall be
effectively covered when not in use to prevent trash escape creating nuisance conditions.
Once a container reaches a full load, it shall be removed from the Premises within 72 hours.
Long term storage of containers on the Premises is not permitted.
Purposes other than those defined above are not permitted.
D-1
EXHIBIT D
Permitted Encumbrances
1. Settlement Agreement and Release dated October 2, 2000 by and among the Rivanna Solid
Waste Authority, the City of Charlottesville, Virginia, and Albemarle County, Virginia and certain
named plaintiffs in the case styled Gertrude Weber, et al, v. Rivanna Solid Waste Authority, et al,
filed in the United States District Court for the Western District of Virginia, Charlottesville
Division, Civil Action No. 98-0109-C (see Paragraph A.6 thereof).
45346809_7
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Albemarle County Service Authority Water Line Easement
SUBJECT/PROPOSAL/REQUEST:
Public hearing to consider granting to the Albemarle
County Service Authority a water line easement across
property owned by the County located on Parcel 45-94
necessary for the replacement of a water line along
Berkmar Drive in the Greenfields Trailer Park
STAFF CONTACT(S):
Messrs. Foley, Davis, Herrick, and Henry
LEGAL REVIEW: Yes
AGENDA DATE:
March 13, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
In preparation of the start-up of the new Rivanna Water and Sewer Authority’s Stillhouse Pump Station, the Albemarle
County Service Authority (“ACSA”) has identified a 4-inch diameter water main in need of replacement. The existing
water main is comprised of thin-walled plastic pipe and currently serves the Greenfields Trailer Park. With the
increased water pressure from the new pump station, this water main has been identified by ACSA as vulnerable and
should be replaced. The ACSA has identified an alternative water main route along Berkmar Drive that will provide
water service to Greenfields Trailer Park at a lower pressure. ACSA’s proposed alternate route would include the
southern tip of Parcel 45-94, a 5.9-acre County-owned property on Berkmar Drive just to the south of Agnor-Hurt
Elementary School. A copy of the proposed Plat showing the location of the easement is included as Attachment A.
STRATEGIC PLAN:
Goal 2: Provide community facilities that meet existing and future needs
DISCUSSION:
The proposed water line easement would allow ACSA to proceed with its water line replacement project. County staff,
in consultation with the Schools’ Director of Building Services, has determined that the requested easement would not
unreasonably restrict the future use or value of the property. Virginia Code § 15.2-1800 requires that the Board hold a
public hearing prior to conveyance of any interest in County-owned real property.
BUDGET IMPACT:
There is no budget impact.
RECOMMENDATIONS:
Staff recommends that, after receiving public comment, the Board approve the proposed easement and authorize the
County Executive to sign a deed of easement on behalf of the County after the deed has been approved by the County
Attorney with any necessary changes.
ATTACHMENTS
A – Plat
Return to agenda
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZTA201000004 Phase III Industrial Uses
SUBJECT/PROPOSAL/REQUEST:
Adoption of zoning text amendment pertaining to the
Industrial Zoning districts and the uses permitted
therein
STAFF CONTACT(S):
Messrs. Davis, Kamptner, Cilimberg and Newberry; and
Messes McCulley, Stimart, Baldwin and Burbage
PRESENTER (S): Mr. Wayne Cilimberg
LEGAL REVIEW: Yes
AGENDA DATE:
March 13, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
On December 5, 2012, the Board of Supervisors held a work session on this proposed zoning text amendment
intended to modernize regulations to provide greater flexibility for today’s industrial uses while preserving the integrity
of the industrial districts and accommodating target industries. In summary, the draft zoning text amendment reviewed
at that work session provided the following:
Definitions of several of the new uses proposed in the industrial districts to facilitate their understanding and
implementation (Sec. 3.1).
Further clarification of the information required in a certified engineer’s report based on the proposed uses
(Sec. 4.14.5).
Clarification and addition of supplemental regulations pertinent to certain proposed uses to address their
potential impacts on surrounding areas (Sec. 5.1).
Authorization of the proposed uses within the planned development industrial park zoning district (Sec.
8.5.5.2).
Clarification of the statement of intent for industrial districts (Sec. 26.1).
Delineation of permitted and prohibited uses and structures, including a table of industrial and non-industrial
uses allowed by-right, by special use permit and by special exception (Sec. 26.2).
Further clarification of structure height, setback (Sec. 26.3) and minimum yard (Sec. 26.4) standards to be
consistent with the terminology used elsewhere in the Zoning Ordinance.
After staff’s presentation, the Board agreed to proceed to public hearing, but requested that staff first address the
following:
Remove multi-family dwellings as a use permitted in industrial districts. Board members who spoke at
the work session stated that such residential uses were not appropriate in areas of industrial use and could
compete with industrial uses for available land.
More tightly define what constitutes supporting commercial and supporting office uses. Board
members who spoke at the work session stated that the ordinance did not clearly describe what type of
businesses would be “supporting.”
Further address allowances for independent offices and general commercial uses. Board members
who spoke raised concerns that the retention of independent offices and the introduction of general
commercial uses (i.e., uses allowed by-right or by special use permit in the commercial districts) were not
consistent with the Economic Vitality Action Plan’s intent to pursue “strategies to stop the conversion of
properties zoned light industry (LI) to commercial, office and other uses that are not “core” industrial uses.”
There was general acceptance by the Board to maintain an allowance for independent offices in existing
buildings, but not in building expansions and new buildings, except by special use permit. There also was
Board willingness to consider allowing general commercial uses in existing buildings only (not in building
expansions and new buildings), but only by special use permit. There was an interest in establishing
AGENDA TITLE: ZTA201000004 Phase III Industrial Uses
March 13, 2013
Page 2
limitations to the location and extent of allowed space for independent offices and general commercial uses
when permitted.
STRATEGIC PLAN:
3. Encourage a diverse and vibrant local economy.
DISCUSSION:
The revised ordinance (Attachment A), which addresses input provided by Board members at the December 5, 2012
work session, includes the following:
Multi-family dwellings have been removed as a proposed permitted use in the industrial districts.
“Supporting office” has been removed as a separate new use category and has been merged with the
“supporting commercial” use category. The definition of “supporting commercial” has been further clarified to
identify use types that would be within the definition (see Section 3.1 Definitions).
The regulation of “independent office” use has been clarified to allow the use by-right within structures existing
or vested on the date of adoption of this ordinance; by special use permit within structures not established or
not vested until after the date of adoption of this ordinance; and by special use permit within the expanded
portion of structures where expansion is not established or not vested until after the adoption date of this
ordinance (see Offices in Table under Section 26.2 a. Primary uses and structures). In addition, planned
development industrial parks are explicitly grandfathered for uses (such as independent office) permitted at
the time of their rezoning (see Section 26.2 b. Planned industrial parks approved on or before March 13,
2013)
The regulation of general commercial uses would be allowed by special use permit in the industrial districts
only within structures existing or vested on the date of adoption of this ordinance. They would not be
permitted in building expansions and new buildings (see Commercial Uses in Table under Section 26.2 a.
Primary uses and structures).
Special use permits for independent offices and general commercial uses would be evaluated for consistency
with specific factors, including: (1) the use should not be located on the lowest floor having exterior access (to
reserve this floor for industrial use); (2) the gross floor area of each establishment should not exceed 3,000
square feet (to limit the size of each non-industrial establishment); (3) the aggregate floor area of uses should
not exceed 24,000 square feet and should not exceed 25% of the total floor area (to limit aggregate area of
non-industrial uses); and, (4) whether the structure is constructed to building code standards for industrial
structures (to provide availability of appropriate building space for industrial use). (See Section 26.3
Independent offices and general commercial uses; additional factors when considering special use permits).
A comparison of current ordinance provisions to those proposed in both this ZTA and ZTA201200013 Industrial Uses
in Commercial Districts, which is concurrently before the Board of Supervisors, is provided in Attachment C. Several
sample use approval scenarios comparing current requirements to provisions under the proposed ordinances are
provided in Attachment D. In summary, as Attachments C and D indicate, these ordinances provide greater
opportunities for industrial uses to locate by-right on industrially zoned land. On-site subordinate retail sales of an
industrial use’s products and on-site commercial uses that directly support the industrial uses are also more
permissive (up to 25% of gross floor area by-right; over 25% by special exception). Office uses directly affiliated with
industries remain by-right, but independent offices are more restricted unless they are located in existing or vested
structures or are within a previously approved planned development industrial park under current or prior zoning
regulations. General commercial uses will be allowed when appropriate, but only in existing or vested structures with
an approved special use permit.
Paired with ZTA201200013 Industrial Uses in Commercial Districts, the amendments in this ordinance collectively
remove certain barriers and provide industrial uses, including the County’s target industries and smaller scale “Mom
and Pop” enterprises, greater location opportunities. Of particular note, small scale enterprises and “start-ups” are
typically less capable of absorbing higher costs for market-constricted available space and/or development review
fees/carrying costs associated with permit processing. The provisions in the proposed ordinance which allow a
broader range of by-right industrial uses help small scale enterprises by opening up spaces where such uses are
currently either not allowed or required to have a special use permit. This proposed ordinance also builds on prior
AGENDA TITLE: ZTA201000004 Phase III Industrial Uses
March 13, 2013
Page 3
zoning text amendments that liberalized allowances for Home Occupations in the Rural Areas, giving those that are
“cottage industries” more location alternatives for growth and expansion.
BUDGET IMPACT:
Categorized by-right industrial uses and greater definition of uses subject to special use permit and special
exception should reduce the staff time necessary to make determinations and administer the Zoning Ordinance.
The County’s tax base can also benefit from the expanded location opportunities for business and industry the
proposed ordinance provides.
RECOMMENDATIONS:
Staff recommends approval of ZTA201000004 Phase III Industrial Uses as presented in Attachment A.
ATTACHMENTS:
A – Proposed Ordinance Amendment
B – Proposed Ordinance Amendment – Compare
C – Current Ordinance vs. Proposed Ordinance Summary Table
D – Use Approval Comparison Flowcharts
E – December 11, 2012 Planning Commission staff report and attachments
1 – PC Work Session Executive summary
2 – Resolution of Intent
3 – Proposed Summary Table
4 – Draft Ordinance
F – December 11, 2012 Planning Commission minutes
Return to agenda
Attachment A
Draft: 02/26/13
1
ORDINANCE NO. 13-18( )
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, are hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 4.14.5 Certified engineer’s report
Sec. 5.1.10 Junk yards
Sec. 8.5.5.2 Review of site plans and subdivision plats
Sec. 26.1 Intent, where permitted
Sec. 27.1 Intent, where permitted
Sec. 27.2 Permitted uses
Sec. 28.1 Intent, where permitted
Sec. 28.2 Permitted uses
Sec. 29.1 Intent, where permitted
Sec. 29.2 Permitted uses
By Amending and Renaming:
Sec. 5.1.15 Sawmills, temporary or permanent, planing mills and wood yards
Sec. 5.1.20 Sale and/or storage of petroleum products, including kerosene, gasoline, and heating oil
Sec. 5.1.21 Dwellings in commercial and industrial districts On-site dwellings and sleeping quarters
accessory to commercial and industrial uses
Sec. 5.1.31 Body shop Automobile or truck repair shops, body shops, motorcycle and off-road vehicle sales
and service shops, and public garages
By Amending, Renumbering and Renaming:
Old New Heading
Sec. 26.3 Sec. 26.2 Permitted primary and accessory uses and structures; prohibited uses and
structures
Sec. 26.6 Sec. 26.4 Height regulations Structure height and setback
Sec. 26.10 Sec. 26.5 Minimum yards requirements
Sec. 27.4 Sec. 27.3 Additional requirement Structure height, yard, setback, development, use
Sec. 28.4 Sec. 28.3 Additional requirements Structure height, yard, setback, development, use
Sec. 29.5 Sec. 29.3 Additional requirements Structure height, yard, setback, development, use
By Adding:
Sec. 26.3 Independent office and general commercial uses; additional factors when considering special use
permits
Sec. 5.1.49 Dry cleaning plants
Sec. 5.1.50 Foundries
Sec. 5.1.51 Outdoor activities
Attachment A
Draft: 02/26/13
2
Sec. 5.1.52 Outdoor storage
Sec. 5.1.53 Rendering facilities
Sec. 5.1.54 Slaughterhouses
Sec. 5.1.55 Tire recycling yards
Sec. 26.6 Site development and use
By Repealing:
Sec. 26.2 Application
Sec. 26.4 Standard ratios
Sec. 26.5 Off-street parking and loading requirements
Sec. 26.7 Performance standards
Sec. 26.8 Sign regulations
Sec. 26.9 Minimum landscaped area
Sec. 26.11 Utility requirements
Sec. 26.12 Site planning – external relationships
Sec. 26.12.1 Vehicular access
Sec. 26.13 Building separation
Sec. 27.2.1 By right
Sec. 27.2.2 By special use permit
Sec. 27.3 Minimum area required for establishment of district
Sec. 28.2.1 By right
Sec. 28.2.2 By special use permit
Sec. 28.3 Minimum area required for establishment of district
Sec. 29.2.1 By right – Category I
Sec. 29.2.2 By special use permit – Category I
Sec. 29.2.3 By right – Category II
Sec. 29.2.4 By special use permit – Category II
Sec. 29.3 Minimum area required for creation of district
Sec. 29.4 Number of permitted uses
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
. . .
Data center: A facility used to house computer systems and associated components, such as telecommunications
and storage systems and which may include redundant or backup power supplies, redundant data communications
connections, environmental controls such as air conditioning or fire suppression, and security devices.
Data processing facility: Facilities where electronic data is processed by employees including, but not limited to,
data entry, storage, conversion or analysis, subscription and credit card transaction processing, telephone sales
and order collection, mail order and catalog sales, and mailing list preparation.
. . .
Energy and communications transmission facilities: Electrical power substations, transmission lines and related
towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers,
Attachment A
Draft: 02/26/13
3
micro-wave and radio-wave transmission and relay towers, substations and appurtenances; but excluding personal
wireless service facilities.
. . .
Independent offices: In the industrial districts, offices that are not “industrial offices.”
. . .
Industrial offices: Offices affiliated with, or in a parent-subsidiary business relationship with, a
Laboratories/Research and Development/Experimental Testing, Manufacturing/Processing/Assembly/Fabrication/
Recycling, or a Storage/Warehousing/Distribution/Transportation use that is located in Albemarle County or the
City of Charlottesville, but which need not be on the same site as the industrial use.
. . .
Laboratories/Research and Development/Experimental Testing: Scientific research, testing, investigation or
experimentation, the development of prototype products, and/or the assembly or manufacture of prototype
products and including, but not limited to, bioscience and medical devices research, development and
manufacturing, and information technology and defense security research, development and manufacturing;
scientific or technical instruction.
. . .
Manufacturing/Processing/Assembly/Fabrication/Recycling: The processing and/or converting of goods,
materials or products; the assembly of components, pieces or subassemblies into articles or substances of different
character, or for use for a different purpose.
. . .
Outdoor: Either outside a structure, or inside a structure that has open windows, doors or other openings so as to
allow the activity inside the structure to be visible or audible outside the structure.
. . .
Public uses: Public uses, buildings and structures including, but not limited to, schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies and including temporary or
mobile facilities for these purposes; public water and sewer transmission, main or trunk lines, treatment facilities,
pumping stations and similar facilities owned and/or operated by the Rivanna Water and Sewer Authority
(reference 5.1.12).
. . .
Recycling collection station: A facility providing designated containers for the collection, sorting, and temporary
storage of recoverable resources such as paper, glass, metal, and plastic products until they are transported to a
recycling process center or to another location.
. . .
Recycling processing center: A facility to recycle, process, or treat recoverable resources such as paper, glass,
metal, and plastic products in order to return them to a condition in which they can be reused for production.
Attachment A
Draft: 02/26/13
4
. . .
Storage/Warehousing/Distribution/Transportation: An establishment used primarily for the safekeeping, selling
or transferring of saleable goods or raw materials to be incorporated into saleable goods including, but not limited
to, storage facilities, call centers, data processing facilities or transit; an establishment used as a privately owned
and operated waste transfer station; and towing services and the storage of vehicles in conjunction with that
service.
. . .
Subordinate retail sales: The retail sale of products of a Laboratories/Research and Development/Experimental
Testing, Manufacturing/Processing/Assembly/Fabrication/ Recycling, or a Storage/Warehousing/
Distribution/Transportation use that is located on the same site as the industrial use.
. . .
Supporting commercial uses: A retail or office use within an industrial district that is subordinate to and which
primarily serves Laboratories/Research and Development/Experimental Testing, Manufacturing/Processing/
Assembly/Fabrication/ Recycling, or Storage/Warehousing/Distribution/Transportation uses or their employees
including, but not limited to, restaurants such as sandwich shops, beauty salons, banks, day care centers, copy
centers, private parcel shipping and delivery services, courier services, printing services, cleaners, commercial
truck repair, financial services, accounting services, human resources services, employment services, and
temporary employment services.
. . .
Water, sewer, energy and communications distribution facilities: Facilities that are: (i) electric, gas, oil and
communication facilities, including their monopoles, lines, transformers, pipes, meters and related facilities for
distribution of local service and owned and operated by a public utility, but excluding their towers and excluding
personal wireless service facilities; (ii) water distribution and sewer collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority; or (iii) central water supplies and
central sewage systems in conformance with chapter 16 and all other applicable law, except as otherwise
expressly provided.
Article II. Basic Regulations
Sec. 4.14.5 Certified engineer’s report
Prior to the issuance of a zoning clearance or approval of a final site plan, each prospective occupant of a use of
an industrial character shall submit a certified engineer’s report as follows, except as provided in subsection
4.14.5(c):
a. Contents. Each certified engineer’s report shall include the following information unless the county
engineer determines that any such information is not necessary:
1. Nature of the operation. A description of the proposed operation, including all machines,
processes, and products.
2. Emissions and discharges. The identification of all by-products or wastes, stating the expected
levels of emissions or discharges to land, air, and/or water of any liquid, solid or gas, and the
emission of electrical impulses and sound under normal operations.
Attachment A
Draft: 02/26/13
5
3. Control of emissions and discharges. Descriptions and specifications as to how emissions and
discharges will be treated and the equipment and practices that will be used to control emissions
and discharges.
4. Other information. Any state or federal permits, readings, measurements, plans or documentation
necessary to demonstrate that the proposed use will comply with this chapter, other requirements
of the Code and all applicable state and federal laws, including but not limited to those pertaining
to the following:
(a) Air emissions. Air emissions subject to the applicable regulations of the State Air
Pollution Control Board and the Virginia Department of Environmental Quality.
(b) Water discharges. Water discharges subject to the applicable regulations of the State
Water Control Board and the Virginia Department of Environmental Quality.
(c) Radioactive materials and radiation emissions. Radioactive materials used in
conjunction with, and radiation emissions from, a use that is subject to the applicable
regulations of the State Board of Health and all applicable requirements arising from all
agreements between the Commonwealth of Virginia and the United States of America,
and any department or agency thereof, pertaining to radioactive materials or radiation
emissions, and all interstate compacts pertaining to radioactive materials or radiation
emissions to which the Commonwealth of Virginia is a party. Any radioactivity or
radiation that would adversely affect the navigation or control of aircraft shall comply
with the current regulations of the Federal Aviation Administration.
(d) Flammable, hazardous and explosive materials. Flammable, hazardous and explosive
materials used in conjunction with a use shall comply with the applicable requirements of
the county fire marshal and the Virginia Department of Environmental Quality.
(e) Disposal of waste and spill containment. The disposal of waste and the containment of
spills in conjunction with a use shall comply with the applicable requirements of the
county fire marshal. Any use required by section 5 to provide a waste management plan
shall provide a plan that demonstrates that waste will be disposed of only in strict
compliance with state and federal regulations.
(f) Mosquito control plan. Any use required by section 5 to provide a mosquito control plan
shall provide a plan that demonstrates how mosquitoes will be controlled.
b. Review of report. The certified engineer’s report shall be reviewed by the county engineer, who shall
inform the zoning administrator as to whether the proposed use complies with the performance standards
in sections 4.14 through 4.14.5. If a site plan is required, the county engineer shall review the report and
inform the commission or the agent prior to action on the preliminary site plan as to whether the proposed
use complies with the performance standards in sections 4.14 through 4.14.5.
c. Document in lieu of certified engineer’s report. In lieu of a certified engineer’s report, the county
engineer may allow a prospective occupant of a use of an industrial character to submit a document that
describes the processes and activities of the proposed use and addresses the performance standards in
sections 4.14 through 4.14.5. A document in lieu of a certified engineer’s report: (i) is appropriate for
those uses of an industrial character that are determined by the county engineer to be low impact; (ii) may
be in the form of a letter, or in any other form acceptable to the county engineer, signed by the
Attachment A
Draft: 02/26/13
6
prospective occupant or its representative; and (iii) shall be reviewed by the county engineer, who shall
inform the zoning administrator as to whether the proposed use complies with the performance standards
in sections 4.14 through 4.14.5.
(§4.14.8, 12-10-80; 9-9-92; § 4.14.5, Ord. 11-18(8), 8-3-11)
Sec. 5.1.10 Junk yards
Each junk yard shall be subject to the following
a. All storage and operational areas shall be enclosed by a solid, light-tight, sightly fence not less than eight
(8) feet in height or alternative screening and/or fencing satisfactory to the commission; zoning
administrator.
b. Storage yards Any storage area and the site’s access to a public roads shall be maintained in a dust-free
surface.
Sec. 5.1.15 Sawmill, temporary or permanent, planing mills and wood yards
Each temporary or permanent sawmill, planing mill and wood yard shall be subject to the following: (Added 10-
3-01)
a. No structure and no storage of lumber, logs, chips or timber shall be located closer than one hundred (100)
feet to any lot line. Trees and vegetation within the one hundred (100) foot setback shall be maintained as a
buffer to adjoining abutting properties and uses, provided that during the last three months of operation
such the trees may be removed;.
b. No saw, planer, chipper, conveyor, chute or other like similar machinery shall be located closer than six
hundred (600) feet to from any dwelling on other property in the area any lot other than the lot on which
the sawmill, planing mill or wood yard is located.
c. No machinery used for sawing, planing, chipping or operation of other wood processing machinery shall
occur operate between 7:00 p.m. and 7:00 a.m. No loading/unloading of wood/wood products shall occur
wood or wood products shall be loaded or unloaded between 12:00 midnight and 7:00 a.m. ;
d. All timbering and milling operations, including reforestation/restoration and the disposal of snags, sawdust
and other debris, shall be conducted in accordance with Title 10.1 of the Virginia Code and the regulations
of the Virginia Department of Forestry;. (Amended 10-3-01)
e. All such operations shall be subject to the noise limitation requirements of section 4.18. (Amended 10-3-
01)
(§ 5.1.15, 12-10-80; Ord. 01-18(6), 10-3-01)
Sec. 5.1.20 Sale and/or storage of petroleum products, including kerosene, gasoline, and heating oil
The sale or storage of petroleum products, including kerosene, gasoline, and heating oil, in excess of six hundred
(600) gallons shall be subject to the following:
a. No storage in excess of six hundred (600) gallons or sale of petroleum products shall be established
without Albemarle County fire official approval;
Attachment A
Draft: 02/26/13
7
b. In such review and approval the fire official may, in addition to other safety requirements, separation
between such use and adjoining uses as deemed necessary to protect the public health and safety.
a. The sale or storage of the petroleum products shall satisfy the requirements established by the fire
prevention code of the National Board of Fire Underwriters and the latest edition of the “Flammable and
Combustible Liquids Code, NEPA 30” of the National Fire Prevention Association,
b. No storage tanks and loading facilities shall be located closer than one hundred (100) feet from any lot
line.
Sec. 5.1.21 Dwellings in commercial and industrial districts On-site dwellings and sleeping quarters
accessory to commercial and industrial uses
Each on-site dwelling or sleeping quarters that is accessory to a commercial or industrial use shall be subject to
the following:
a. Dwellings in commercial and industrial districts are limited to and sleeping quarters may be occupied
only by owners or employees of the establishments, including night watchmen on-site security officers,
scientists and lab technicians;.
b. Such Any dwelling may be located individually detached from the establishment to which it pertains or
within the same structure as the main use establishment, subject to Albemarle County building official
and fire official approvals;.
c. Any sleeping quarters shall be located within the primary structure and shall be subordinate to the primary
use.
cd. Not more than one (1) dwelling unit or sleeping quarters shall be permitted per establishment;.
de. No mobile manufactured home shall be permitted as a dwelling unit for a period in excess of six (6)
months. (Added 3-17-82) (Amended 4-17-85)
Sec. 5.1.31 Body shop Automobile or truck repair shops, body shops, motorcycle and off-road vehicle sales
and service shops, and public garages
Each automobile or truck repair shop, body shop, motorcycle and off-road vehicle sales and service shop, and
public garage shall be subject to the following:
a. There shall be no storage of All parts, materials or and equipment shall be stored except within an
enclosed building.
b. No vehicle awaiting repair shall be located on any portion of such property the site so as to be visible
from any public road street or any residential property, and shall be limited to locations designed
designated on the approved site plan.
c. Nothing herein shall be construed to limit the authority of the governing body in the review of any special
use permit, including, but not limited to, the regulation of hours of operation, location of door and/or
windows and the like. (Added 12-7-88)
c. All services shall be performed within an enclosed building.
Attachment A
Draft: 02/26/13
8
d. No buildings in which services are performed shall be located closer than fifty (50) feet from any
residential or agricultural district.
Sec. 5.1.49 Dry cleaning plants
Each dry cleaning plant shall be subject to the following:
a. The use of perchloroethylene is prohibited.
b. The use of petroleum solvents is prohibited.
Sec. 5.1.50 Foundries
Each foundry shall be subject to the following:
a. The outdoor production, processing, or repair of equipment shall be located no closer than three hundred
(300) feet from any residential or agricultural district. The distance shall be measured from the closest
edge of the outdoor production, processing, or repair area to the boundary of the residential or
agricultural district.
b. No outdoor activity, including the location of internal access roads, shall be established, conducted or
used within one hundred (100) feet of a residential or agricultural district.
c. No activity shall be conducted outdoors between 7:00 p.m. and 7:00 a.m.
Sec. 5.1.51 Outdoor activities in industrial districts
Except as otherwise expressly permitted for a particular use, each use permitted by right or by special use permit
in an industrial district shall be subject to the following:
a. All manufacturing, compounding, assembling, processing, packaging, or other industrial or business
activity shall be conducted within a completely enclosed building.
b. No outdoor activity, including the location of internal access roads, shall be established, conducted or
used within one hundred (100) feet of a residential or agricultural district.
c. No activity shall be conducted outdoors between 7:00 p.m. and 7:00 a.m.
Sec. 5.1.52 Outdoor storage in industrial districts
Except as otherwise expressly permitted for a particular use, the outdoor storage of parts, materials and equipment
in an industrial district shall be subject to the following:
a. Storage areas shall be screened by a solid wall or fence, including solid entrance and exit gates, not less
than seven (7) feet nor more than ten (10) feet in height.
b. No wall or fence screening a storage area shall encroach into a sight distance triangle.
c. The parts, materials and equipment stored in a storage area shall not be stacked higher than the screening
wall or fence.
Attachment A
Draft: 02/26/13
9
d. No outdoor storage shall be located within fifty (50) feet of a residential or agricultural district.
e. The outdoor storage of recyclable materials at a recycling collection or recycling processing center is
prohibited.
Sec. 5.1.53 Rendering facilities
Each rendering facility shall be subject to the following:
a. The use may be established and maintained only on a site that is at least five (5) acres in size.
b. In the light industry (LI) district, no building or parking area shall be located within three hundred (300)
feet of any residential or agricultural district. In the heavy industry (HI) district, no building or parking
area shall be located within two hundred fifty (250) feet of any residential or agricultural district.
c. No building shall be located within one thousand (1,000) feet of any school at the time the rendering
facility is established.
d. The certified engineer’s report required by section 4.15 shall include a detailed waste management plan
satisfying the requirements of that section.
e. The outdoor storage of offal, dead animals or portions thereof, meat wastes, blood, tankage or any
putrescible organic matter is prohibited.
Sec. 5.1.54 Slaughterhouses
Each slaughterhouse shall be subject to the following:
a. The gross floor area of the building shall not exceed four thousand (4,000) square feet.
b. The use may be established and maintained only on a site that is at least three (3) acres in size.
c. In the light industry (LI) district, no building or parking area shall be located within two hundred (200)
feet of any residential or agricultural district. In the heavy industry (HI) district, no building or parking
area shall be located within one hundred fifty (150) feet of any residential or agricultural district.
d. No building shall be located within one thousand (1,000) feet of any school at the time the slaughterhouse
is established.
e. Outdoor holding pens for animals are prohibited.
f. The certified engineer’s report required by section 4.15 shall include a detailed waste management plan
satisfying the requirements of that section.
Sec. 5.1.55 Tire recycling yards
Each tire recycling yard shall be subject to the following:
a. Tire storage piles are permitted as follows:
Attachment A
Draft: 02/26/13
10
1. The site may have up to four (4) tire storage piles in which unchipped or unshredded tires may be
stored.
2. No storage pile shall be more than one hundred (100) feet in width or depth nor taller than twelve
(12) feet unless a larger or taller storage pile is permitted by the fire official.
3. Each tire storage pile shall be surrounded by containment berms as required by the fire official.
4. Tires stored in a storage pile shall be laced.
b. Tires that are not stored in a storage pile shall be chipped or shredded before they may be stored onsite.
c. Storage piles and all other outdoor storage (“storage areas”) are subject to the following:
1. Storage areas shall be screened by a solid wall or fence, including solid entrance and exit gates,
not less than seven (7) feet nor more than twelve (12) feet in height.
2. No wall or fence screening a storage area shall encroach into a sight distance triangle.
3. Tires stored in a storage area shall not be stacked higher than the screening wall or fence.
4. No storage area shall be located within fifty (50) feet of a residential or agricultural district.
d. The certified engineer’s report required by section 4.15 shall include a mosquito control plan satisfying
the requirements of that section.
e. Appropriate firefighting apparatus, water supply, and foam suppressant shall be available on the site, and
they shall be of a type and in quantities required by the fire official.
f. Twenty-four (24) hour on-site caretaker(s) trained by the local fire district to provide security and first-
line firefighting shall be provided or, in the alternative, a twenty-four (24) hour surveillance and alarm
system approved by the fire official may be used if the tire recycling yard is served by a continuously
manned fire station.
g. The site shall have paved or hard-surfaced fire access lanes and cleared areas around the exterior of the
storage area and in between individual tire storage piles. The fire access lanes and cleared areas shall be
established and maintained to the standards required by the fire official.
Article III. District Regulations
Sec. 8.5.5.2 Review of site plans and subdivision plats
Each preliminary and final site plan and subdivision plat for a planned development shall be reviewed for
compliance with the applicable regulations, as follows:
a. Planned development districts established on or before December 10, 1980. Each preliminary and final
site plan and subdivision plat within a planned development district established on or before December
10, 1980 shall be reviewed for compliance with the applicable regulations when the site plan or
subdivision plat is under county review; provided that, at the option of the developer or subdivider, each
preliminary and final site plan and subdivision plat may be reviewed for compliance with the applicable
regulations in effect when the planned development was approved if the developer or subdivider
Attachment A
Draft: 02/26/13
11
establishes a vested right as provided in Virginia Code §§ 15.2-2296 et seq. or 15.2-2307 to develop
under the previously approved planned development district.
b. Planned development districts established after December 10, 1980. Each preliminary and final site plan
and subdivision plat within a planned development district established after December 10, 1980 shall be
reviewed for compliance with the applicable regulations in effect when the planned development district
was established or, at the option of the developer or subdivider, in effect when the site plan or subdivision
plat is under county review; subject to the following:
1. Election to comply with regulations in effect when district established; exception for certain
current subjects of regulation unless vested rights established. If the developer or subdivider
elects to have its site plan or subdivision plat reviewed for compliance with the applicable
regulations in effect when the planned development district was established, all of the following
subjects of regulation in effect when the site plan or subdivision plat is under county review shall
apply unless vested rights are established under Virginia Code §§ 15.2-2296 et seq. or 15.2-2307:
(i) entrance corridor overlay district (section 30.6); (ii) flood hazard overlay district (section
30.3); (iii) landscaping and screening (section 32.7.9); (iv) outdoor lighting (section 4.17); (v)
parking (section 4.12); and (vi) signs (section 4.15). If rights are determined to have vested, the
regulations for these six subjects in effect when rights vested shall apply. For the purposes of this
subsection 8.5.5.2(b), an application plan approved on and after March 19, 2003 that complies
with the requirements of an application plan under section 8.5.1(e) 33.4 or section 20A.4, or a
prior version thereof in effect on and after March 19, 2003, is a significant governmental act
within the meaning of Virginia Code § 15.2-2307.
2. Election to comply with regulations in effect when district established; election to comply with
certain current subjects of regulation. If the developer or subdivider elects to have its site plan or
subdivision plat reviewed for compliance with the applicable regulations in effect when the
planned development district was established, the developer or subdivider may also elect to
comply with one or more of the subjects of regulation listed in subsection 8.5.5.2(b)(1) in effect
when the site plan or subdivision plat is under county review instead of with the corresponding
regulations in effect when the planned development district was established.
c. Review for compliance and conformance. A site plan or subdivision plat shall be reviewed to determine
whether it complies with the applicable regulations and other requirements of law, and whether it
conforms to the application plan, as follows:
1. Zoning administrator. The zoning administrator shall determine whether a site plan or
subdivision plat complies with the applicable regulations. In addition, the zoning administrator,
after consultation with the director of planning, shall determine whether the proposed permitted
uses comply with the applicable regulations and, in doing so, may permit as a use by right a use
that is not expressly classified in this chapter if the zoning administrator further determines that
the use is similar in general character to the uses permitted by right in the district or by the code
of development and is similar in terms of locational requirements, operational characteristics,
visual impacts, and traffic, noise and odor generation.
2. Director of planning. The director of planning shall determine whether a site plan or subdivision
plat conforms to the application plan. In determining conformity, the director shall determine
whether the central features or major elements within the development are in the same location as
shown on the application plan and if the buildings, parking, streets, blocks, paths and other design
elements are of the same general character, scope and scale as shown on the application plan.
Attachment A
Draft: 02/26/13
12
3. County engineer. The county engineer shall determine whether an erosion and sediment control
plan, grading plan, stormwater management plan, road or street plan, and mitigation plan conform
with the concept grading, stormwater management, streets, and mitigation shown on the
application plan.
d. Applicable regulations defined. For the purposes of this section 8.5.5.2, the term “applicable regulations”
means, as appropriate and applicable, all zoning regulations, all subdivision regulations, the application
plan (except for those elements authorized to be shown at a conceptual or general level), including those
plans formerly referred to as general development plans, conditions of approval, accepted proffers, the
code of development, special use permits, variances, and waivers, modifications and variations.
e. Applicability of chapter 17. Each preliminary and final site plan and subdivision plat within a planned
development district shall be reviewed for compliance with chapter 17 of the Albemarle County Code in
effect when the site plan or subdivision plat is under county review, regardless of when the planned
development was established or whether the developer or subdivider elects, or establishes vested rights,
under subsections 8.5.5.2(a) and (b) to proceed with review under the applicable regulations in effect
when the planned development was approved.
f. Vested rights not impaired. Nothing in this section shall be construed as authorizing the impairment of a
vested right that may be established under Virginia Code §§ 15.2-2261(C), 15.2-2297, 15.2-2298, 15.2-
2303 or 15.2-2307.
(§ 8.5.6.2, 12-10-80; 9-9-92; § 8.5.5.2, Ord. 03-18(2), 3-19-03; Ord. 09-18(9), 10-14-09)
Section 26
Industrial Districts -- Generally
Sec. 26.1 Intent, where permitted
It is intended that iIndustrial districts hereby and hereafter created shall are intended to be for the purpose of
providing places of employment and strengthening the local economic base in furtherance of the economic
development policy of the comprehensive plan. To this end, activities involving industrial and limited commercial
land uses shall be encouraged in amounts and locations designated for such purposes in the comprehensive plan.
It is further intended that the enlargement and expansion of existing uses shall be encouraged as well as
development of new uses appropriate to the character of industrial districts. To this end, the following shall be
encouraged: (i) the establishment and continuation of industrial uses and their supporting uses in the locations and
at the levels of intensity designated for those uses in the comprehensive plan; (ii) the establishment of new
industrial uses that are appropriate for the character of the industrial districts; and (ii i) the enlargement and
expansion of existing industrial uses.
Industrial districts are intended to be established in areas having all of the following characteristics: (i) the area is
served by public water and sewer facilities; (ii) the area is served by major highway, rail or air service, or
secondary roads improved to standards approved by the county; and (iii) the area is clearly demonstrated to be
suitable for the intended uses, considering the physical characteristics of the land and the intended uses and their
relationship to surrounding development.
Sec. 26.2 Application
Attachment A
Draft: 02/26/13
13
Where industrial districts have been established prior to the enactment of this ordinance, and such districts are
recognized on the zoning map, the same shall be considered to have been established under this ordinance in
compliance with minimum area required for establishment of districts (reference sections 27.3; 28.3; 29.3).
Sec. 26.32 Permitted primary and accessory uses and structures; prohibited uses and structures
Uses and structures which are customarily accessory and clearly incidental shall be permitted, provided
establishment of the same shall not be permitted until construction has commenced on the principal building or
the principal use has been established; and provided further that in no case shall a parking structure, other than a
parking lot or garage located entirely at or below grade, be deemed to be accessory to any use in any industrial
district. In no case shall a drive-in window be deemed to be accessory to any use in any commercial district.
Uses and structures within the industrial districts are permitted as follows:
a. Primary uses and structures. Primary uses and structures within the industrial districts are permitted by
right, by special use permit, and by special exception as provided in the following table, subject to the
applicable requirements of this chapter:
Use LI HI
PD-IP
Cat. 1
PD-IP
Cat. 2
Manufacturing/Processing/Assembly/Fabrication/Recycling* BR BR BR BR
Asphalt mixing plants. N SP N SP
Brick manufacturing, distribution. SP BR SP BR
Cement, lime gypsum manufacture or processing. N SP N SP
Chemical, plastics manufacture or processing. SP SP SP SP
Dry cleaning plants (reference 5.1.49). SP BR SP BR
Foundries (reference 5.1.50). N SP N SP
Inorganic fertilizer manufacture or processing. N SP N SP
Materials recovery facilities, privately owned and operated. SP BR SP BR
Organic fertilizer manufacture or processing. SP BR SP BR
Petroleum, gasoline, natural gas and manufactured gas bulk storage (reference
5.1.20). SP BR SP BR
Petroleum refining, including by-products (reference 5.1.20). N SP N SP
Pulp or paper manufacture or processing. N SP N SP
Recycling processing center. SP BR SP BR
Rendering plants (reference 5.1.53). SP BR SP BR
Sawmills, temporary or permanent; planing mills; wood yards (reference 5.1.15). SP BR SP BR
Storage/Warehousing/Distribution/Transportation* BR BR BR BR
Attachment A
Draft: 02/26/13
14
Use LI HI
PD-IP
Cat. 1
PD-IP
Cat. 2
Airports. SP SP SP SP
Heavy equipment and heavy vehicle parking and storage yards. SP BR SP BR
Heliports (reference 5.1.01). SP SP SP SP
Helistops (reference 5.1.01). SP SP SP SP
Junk yards (reference 5.1.10). N SP N SP
Warehouse facilities where there may be the storage of gasoline, kerosene or other
volatile materials, dynamite blasting caps and other explosives, pesticides and
poisons, and other materials which may be hazardous to life in the event of accident.
SP BR SP BR
Wholesale businesses where there may be the storage of gasoline, kerosene or other
volatile materials, dynamite blasting caps and other explosives, pesticides and
poisons, and other materials which may be hazardous to life in the event of accident.
SP BR SP BR
Laboratories/Research and Development/Experimental Testing BR BR BR BR
Offices**
Independent offices; within structure existing or vested on March 13, 2013. BR BR BR BR
Independent offices; within structure not established or not vested until after March
13, 2013. SP SP SP SP
Independent offices; within expanded portion of structure where expansion not
established or not vested until after March 13, 2013. SP SP SP SP
Industrial offices. BR BR BR BR
Public Uses, Utilities and Services, and Telecommunications Uses**
Energy and communications transmission facilities (reference 5.1.12). SP SP SP SP
Fire, ambulance and rescue squad stations (reference 5.1.09). BR BR BR BR
Personal wireless service facilities, Tier I (reference 5.1.40). BR BR BR BR
Personal wireless service facilities, Tier II (reference 5.1.40). BR BR BR BR
Personal wireless service facilities, Tier III (reference 5.1.40). SP SP SP SP
Public uses (reference 5.1.12). BR BR BR BR
Stormwater management facilities shown on an approved final site plan or
subdivision plat. BR BR BR BR
Water, sewer, energy, communications distribution facilities (reference 5.1.12). BR BR BR BR
Temporary Uses**
Temporary construction headquarters (reference 5.1.18). BR BR BR BR
Temporary construction storage yards (reference 5.1.18). BR BR BR BR
Attachment A
Draft: 02/26/13
15
Use LI HI
PD-IP
Cat. 1
PD-IP
Cat. 2
Temporary events sponsored by local nonprofit organiz ations (reference 5.1.27). SP SP SP SP
Temporary nonresidential mobile homes (reference 5.8). BR BR BR BR
Commercial Uses**
Uses permitted by right or by special use permit in the Commercial (C -1),
Commercial Office (CO) and Highway Commercial (HC) districts (collectively,
“general commercial uses” as used in section 26.3) not otherwise expressly
authorized by this section either by right or by special use permit ; within structure
existing or vested on March 13, 2013.
SP SP SP SP
Farmers’ markets conducted in a permanent structure established after May 5, 2010
(reference 5.1.47). SP SP SP SP
Farmers’ markets conducted outdoors or within a temporary or a permanent
structure existing on May 5, 2013 (reference 5.1.47). BR BR BR BR
Hotels, motels, inns. SP SP SP SP
Outdoor storage, display and/or sales serving or associated with a permitted use,
other than a residential, agricultural or forestal use, any portion of which would be
visible from a street within the entrance corridor overlay district to which it is
contiguous or from any other street within the entrance corridor overlay district
which is located within five hundred (500) feet; provided that review shall be limited
to determining whether the outdoor storage, display and/or sales is consistent with
the applicable design guidelines.
SP SP SP SP
Subordinate retail sales for any use permitted by right; use does not exceed 25% of
the gross floor area of the primary industrial use. BR BR BR BR
Subordinate retail sales for any use permitted by right; use exceeds 25% of the gross
floor area of the primary industrial use. SE SE SE SE
Supporting commercial; use does not exceed 25% of the gross floor area of the
freestanding building or multiple buildings on an industrial site. BR BR BR BR
Supporting commercial; use exceeds 25% of the gross floor area of the freestanding
building or multiple buildings on an industrial site. SE SE SE SE
Parking**
Parking structures, as part of an occupied structure (reference 4.12, 5.1.41). BR BR BR BR
Parking structures, stand alone (reference 4.12, 5.1.41). SP SP SP SP
Parking area, stand alone (reference 4.12, 5.1.41). SP SP SP SP
Uses Not Served By Public Water or Public Sewer**
Uses permitted by right in the Light Industry (LI) or Heavy Industry (HI) districts,
not served by public sewer, involving anticipated discharge of sewage other than
domestic wastes.
SP SP SP SP
Uses permitted by right in the Light Industry (LI) or Heavy Industry (HI) districts,
not served by public water, involving water consumption exceeding four hundred
(400) gallons per site acre per day.
SP SP SP SP
Miscellaneous
Attachment A
Draft: 02/26/13
16
Use LI HI
PD-IP
Cat. 1
PD-IP
Cat. 2
Dwellings and sleeping quarters, on-site (reference 5.1.21). BR BR BR BR
Fill areas (reference 5.1.28) BR BR BR BR
Waste areas (reference 5.1.28) BR BR BR BR
* Applies to all uses within this use classification, as defined, except for those uses expressly identified in
unshaded text below that use classification.
**Heading is for organizational purposes only and is not a use classification.
BR: The use is permitted by right.
SP: The use is permitted by special use permit.
SE: The use is permitted by special exception.
N: The use is not permitted.
b. Planned industrial parks approved prior to March 13, 2013. The uses permitted by right and by special
use permit in any planned development -industrial park (PD-IP) district approved prior to March 13, 2013
and any industrial park approved as a planned development prior to December 10, 1980, are those uses
permitted by right and by special use permit in effect when the zoning map amendment was approved and
those uses delineated in subsection (a), regardless of any election made for a planned development district
under subsections 8.5.5.2(a) and (b). No supporting retail sales or subordinate commercial use that would
exceed the by right thresholds in subsection (a) shall be expanded without a special exception as required
by subsection (a). No independent office use shall be expanded without a special use permit as required
by subsection (a).
c. Accessory uses and structures. Accessory uses and structures are permitted within each industrial district,
subject to the following:
1. When accessory use is permitted. No accessory use is permitted until the primary use to which it
is accessory has been established.
2. When accessory structure is permitted. No accessory structure is permitted until either
construction of the primary structure or the primary use to which it is accessory has commenced.
3. Prohibited accessory uses and structures. Parking structures, stand alone parking and drive-
through windows are permitted only as provided in subsection (a) and not otherwise as accessory
uses. The storage of sludge or toxic wastes, or both, is prohibited as an accessory use; provided
that the temporary storage of sludge or toxic wastes awaiting proper disposal is a permitted
accessory use.
d. Prohibited primary uses and structures. The following uses and structures are prohibited as primary uses
within each industrial district:
1. Incinerators. The establishment or use of an incinerator.
Attachment A
Draft: 02/26/13
17
2. Manufacture of certain products. The manufacture of acetylene gas, acid, ammonia, bleaching
powder, chlorine, detergent and cleaning preparations made from animal fats, explosives,
fireworks, fish meal, nitrogenous tankage, paints, varnish, shellac that requires distillation or
heating ingredients, vinegar that is not derived from an agricultural product, phosphates, and
turpentine.
3. Sludge. The storage of sludge.
4. Toxic wastes. The disposal or storage of toxic wastes regulated under the federal Toxic
Substances Control Act (15 U.S.C. § 2601 et seq.), provided that placing toxic wastes for their
lawful collection and disposal by a third party is not prohibited.
Sec. 26.3 Independent office and general commercial uses; additional factors when considering special use
permits
In evaluating a request for a special use permit for an independent office or general commercial use as that use is
described in section 26.2, the board shall consider the following factors in addition to those delineated in section
33.8:
a. The purpose of the industrial district in which the use is proposed.
b. The proposed use and its proposed size should be consistent with the intent of the applicable industrial
district.
c. The use proposed should not be located on the lowest floor of any building having direct exterior access
to the ground surface in order to allow that floor to be used for industrial purposes.
d. The gross floor area of each establishment should not exceed three thousand (3,000) square feet.
e. The aggregate gross floor area of the independent offices or general commercial uses, or both, should not
exceed twenty-four thousand (24,000) square feet and should not exceed twenty-five (25) percent of the
gross floor area of the building.
f. Whether the structure or structure expansion will be constructed to the standards required for industrial
structures, regardless of its intended use.
(Amended 11-7-84)
Sec. 26.4 Standard ratios
26.4.1 Floor area ratio. Maximum total floor area permissible for individual lots shall not exceed 0.70 times the
land area of the lot.
26.4.2 Maximum land coverage by buildings of an individual lot shall not exceed 0.50 times the land area of the
lot.
Sec. 26.5 Off-street parking and loading requirements
All off-street parking and all off-street loading space requirements shall be in accordance with section 4.12.
(Amended 3-18-81)
Attachment A
Draft: 02/26/13
18
Sec. 26.64 Height regulations Structure height and setback
The maximum structure height and minimum setback for structures exceeding thirty-five (35) feet in height in the
industrial districts are as follows:
a. Maximum height. Except as otherwise provided in section 4.10, structures may be erected to a height not
to exceed sixty-five (65) feet.; provided that a
b. Minimum setback. Any structure exceeding thirty-five (35) feet in height shall be set back from any street
right-of-way or single-family residential or agricultural district; in addition to minimum yard
requirements, a distance of not less than two (2) feet for each one (1) foot of height in excess of thirty-five
(35) feet plus the applicable minimum yard. (Amended 9-9-92)
Sec. 26.7 Performance standards
The performance standards set forth in sections 4.14 through 4.14.5 shall apply.
(§ 26.7, 12-10-80; Ord. 11-18(8), 8-3-11)
Sec. 26.8 Sign regulations
Sign regulations shall be as prescribed in section 4.15.
Sec. 26.9 Minimum landscaped area
See section 32.7.9 for landscaping and screening requirements. (Amended 7-10-85; 9-9-92)
Sec. 26.105 Minimum yards 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
located within fifty (50) feet to of any public street right-of-way. No portion of any off-street parking or
loading space shall be located closer than within ten (10) feet to of any public street right-of-way.
(Amended 7-10-85; 7-8-92)
b. Adjacent to residential or rural areas districts district other than commercial or industrial district. No
portion of any structure, excluding signs, shall be located closer than within fifty (50) feet to of any
residential or rural areas district other than a commercial or industrial district and no portion of any off-
street parking space shall be closer than located within thirty (30) feet to of any residential or rural areas
district other than a commercial or industrial district. In the heavy industry (HI) district, no portion of any
structure, excluding signs, shall be located closer than within one hundred (100) feet to of any residential
or rural areas district other than a commercial or industrial district and no portion of any off-street parking
shall be closer than located within thirty (30) feet to of any residential or rural areas district other than a
commercial or industrial district. (Amended 7- 10-85; 7-8-92)
c. Buffer zone adjacent to residential and rural areas districts district other than commercial or industrial
district. No construction activity, including grading or clearing of vegetation (collectively,
“disturbance”), shall occur closer than within thirty (30) feet to of any residential or rural areas district
other than a commercial or industrial district except in the following circumstances: (i) adequate
landscape screening does not currently exist and disturbance is necessary to install screening that meets or
Attachment A
Draft: 02/26/13
19
exceeds the screening requirements in section 32.7.9; (ii) an arborist or landscape architect certifies that
trees in the buffer are dying, diseased or will constitute a fall hazard and must be removed; (iii) the county
engineer determines that disturbance is necessary in order to address an existing drainage problem; or (iv)
disturbance will result in improved screening through the use of a berm, a retaining wall or similar
physical modification or improvement. When disturbance is allowed under subsection (i), (ii), (iii) or (iv),
the developer shall submit an illustration showing the existing screening without disturbance and the
screening that would be installed after the disturbance, and disturbance shall be allowed only if the
screening installed after the disturbance is equal to or exceeds the screening existing prior to disturbance .
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 wherethe 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.
d. Special exception to disturb buffer abutting district other than a commercial or industrial district. The
board of supervisors may authorize a disturbance in the buffer required to be maintained under subsection
(c) by special exception. The board shall consider whether disturbance 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)
(12-10-80, §§ 26.10, 26.10.1, 26.10.2, 26.10.3; 7-10-85, 7-8-92, 9-9-92; Ord. 09-18(1), 1-14-09, §26.10)
Sec. 26.11 Utility requirements
All utility lines shall be placed underground where practical.
Sec. 26.12 Site planning – external relationships
Site planning within the district shall provide for protection of individual sites from surrounding adverse
influences, and for protection of surrounding areas from adverse influences within the district.
Sec. 26.12.1 Vehicular access
Vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements
and minimum hazards to vehicular and pedestrian traffic. Pavement widths and strengths of both internal and
external roads shall be adequate to accommodate projected traffic generated from the district.
Attachment A
Draft: 02/26/13
20
Sec. 26.12.2 Screening (Deleted 7-10-85)
Sec. 26.13 Building separation
Whether or not located on the same parcel, main structures shall be constructed and separated in accordance with
Table 401 Fire Resistance Ratings of Structure Elements of the BOCA Basic Building Code, 1984 Edition or its
equivalent in the current edition of the BOCA Basic Building Code. (Added 1-1-83) (Amended 10-15-86)
Sec. 26.6 Site development and use
Subject to sections 26.4 and 26.5, each site within an industrial district shall comply with the applicable site
development and use requirements in sections 4, 5 and 32.
Section 27
Light Industry – LI
Sec. 27.1 Intent, where permitted
LI districts are hereby created and may hereafter be established by amendment to the zoning map to permit
industries, offices and limited commercial uses which are compatible with and do not detract from surrounding
districts. Uses and land previously established in industrial limited (M-1) and research and technical
manufacturing (RTM) districts, where in conformity to the comprehensive plan, shall be encouraged to develop as
active centers of employment on both individual sites as well as within industrial parks. It is intended that LI
districts may be established in areas having all of the following characteristics:
-Areas served by water and sewer facilities or if such facilities are reasonably available;
-Areas served by major highway, rail or air service, or secondary road improved to standards approved by the
county; and
-Areas having clearly demonstrated suitability for intended uses with regard to physical characteristics and
relationship to surrounding development.
The intent of the light industry (LI) district is to permit industrial and supporting uses that are compatible with,
and do not detract from, surrounding districts.
Structures within the light industry (LI) district are encouraged to be constructed to the standards required for
industrial structures, regardless of their intended use.
Sec. 27.2 Permitted uses
The uses permitted by right, by special use permit and by special exception in the light industry (LI) district are
set forth in “LI” column in the table in section 26.2.
Sec. 27.2.1 By right
Except as otherwise limited by section 27.2.2.10, the following uses shall be permitted by right in the LI district,
subject to the applicable requirements of this chapter: (Amended 2-13-85, 5-5-10)
Attachment A
Draft: 02/26/13
21
1. Compounding of drugs, including biological products, medical and chemical as well as
pharmaceutical.
2. Fire and rescue squad stations (reference 5.1.9).
3. Manufacture, processing, fabrication, assembly, distribution of products such as but not limited to:
(Amended 12-2-81; 2- 20-91)
-Artists' supplies and equipment.
-Business, office machines and equipment.
-Cosmetics, including perfumes, perfumed toiletries and perfumed toilet soap.
-Drafting supplies and equipment.
-Electrical lighting and wiring equipment.
-Electrical and electronic equipment and components including radio, telephone, computer,
communication equipment, TV receiving sets, phonographs.
-Food products, such as bakery goods, dairy products, candy, beverages, including bottling plants.
-Gifts, novelties including pottery, figurines and similar ceramic products.
-Glass products made of purchased glass.
-Industrial controls.
-Jewelry, silverware.
-Light machinery and machine parts, including electrical household appliances but not including such
things as clothes washers, dryers and refrigerators.
-Musical instruments.
-Paper products such as die-cut paperboard and cardboard, sanitary paper products, bags and
containers.
-Photographic equipment and supplies including processing and developing plant.
-Rubber, metal stamps.
-Small electrical parts such as coils, condensers, transformers, crystal holders.
-Surgical, medical and dental instruments and supplies.
-Toys, sporting and athletic equipment, except firearms, ammunition or fireworks.
-Watches, clocks and similar timing devices.
Attachment A
Draft: 02/26/13
22
-Wood cabinets and furniture, upholstery.
4. Publishing, printing, lithography and engraving, including but not limited to newspapers, periodicals
and books.
5. Preparation of printing plates including typesetting, etching and engraving.
6. Research and development activities including experimental testing.
7. Scientific or technical education facilities.
8. Assembly and fabrication of light aircraft from component parts manufactured off-site.
9. Storage yard. (Amended 11-12-08)
10. Engineering, engineering design, assembly and fabrication of machinery and components, including
such on-site accessory uses as machining, babbitting, welding and sheet metal work and excluding
such uses as drop hammering and foundry. (Amended 10-3-01)
11. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central sewerage systems in conformance with Chapter
16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
12. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
13. Temporary construction uses (reference 5.1.18).
14. Business and professional office buildings.
15. Dwellings (reference 5.1.21). (Added 4-17-85)
16. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
17. Warehouse facilities and wholesale businesses not involving storage of gasoline, kerosene or other
volatile materials; dynamite blasting caps and other explosives; pesticides and poisons; and other such
materials which could be hazardous to life in the event of accident. (Added 12-2-87)
18. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
19. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
20. Farmers’ markets that will be conducted outdoors or within a temporary or existing permanent
structure (reference 5.1.47). (Added 5-5-10)
Attachment A
Draft: 02/26/13
23
(§ 27.2.1, 12-10-80, 12-2-81, 2-13-85, 4-17-85, 3-5-86, 12-2-87, 11-1-89, 5-12-93; § 18-27.2.1, Ord. 98-A(1), 8-
5-98; Ord. 01-18(6), 10-3-01; Ord. 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord. 10-
18(4), 5-5-10)
Sec. 27.2.2 By special use permit
The following uses shall be permitted by special use permit in the LI district:
1. Laboratories, medical or pharmaceutical.
2. Airport, helistop or heliport (reference 5.1.1).
3. Assembly of modular building units.
4. Moving businesses, including storage facilities.
5. Warehouse facilities not permitted under section 27.2.1.17. (Amended 12-2-87)
6. Wholesale business not permitted under section 27.2.1.17. (Amended 12-2-87)
7. Truck terminal.
8. Electrical power substations, transmission lines and related towers; gas or oil transmission lines,
pumping stations and appurtenances; unmanned telephone exchange centers; micro- wave and radio-
wave transmission and relay towers, substations and appurtenances.
9. Temporary events sponsored by local nonprofit organizations (reference 5.1.27). (Added 7-7-82)
10. Uses permitted by right, not served by public water, involving water consumption exceeding four
hundred (400) gallons per site acre per day. Uses permitted by right, not served by public sewer,
involving anticipated discharge of sewage other than domestic wastes. (Added 2-13-85)
11. Body shops (reference 5.1.31). (Added 12-7-88)
12. Towing and storage of motor vehicles (reference 5.1.32). (Added 6-6-90)
13. Uses listed under section 27.2.1 with subordinate retail sales exceeding fifteen (15) percent of the
floor area of the main use. (Added 2-20-91)
14. Supporting commercial uses (reference 9.0). (Added 6-19-91)
15. Indoor athletic facilities. (Added 9-15-93)
16. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 2-5-03)
17. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
18. Heavy equipment and heavy vehicle parking and storage yards. (Added 11-12-08)
Attachment A
Draft: 02/26/13
24
19. Farmers’ markets that will be conducted in a new permanent structure (reference 5.1.47). (Added 5-5-
10)
20. Uses permitted by right in the Heavy Industry (HI) zoning district that are not otherwise permitted by
right under section 27.2.1. (Added 6-2-10)
(§ 20-27.2.2, 12-10-80; 7-7-82; 2-13-85; 12-2-87; 12-7-88; 6-6-90; 2-20-91; 6-19-91; 9-15-93; § 18-27.2.2, Ord.
98-A(1), 8-5-98; Ord. 03-18(1), 2-5-03; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord. 10-18(4), 5-5-10;
Ord. 10-18(6), 6-2-10)
Sec. 27.3 Minimum area required for establishment of district
Minimum area required for establishment of an LI district shall be five (5) acres. Unless otherwise provided in
section 26.2, there shall be no minimum area requirements for additions to an established LI district, provided
such area to be added adjoins and forms a logical addition to the existing LI district.
Sec. 27.43 Additional requirement Structure height, yard, setback, development, use
In addition to the requirements contained herein, the requirements of section 26.0, industrial districts, generally,
shall apply within all LI districts.
The structure height, yard, setback, development and use standards in sections 26.4, 26.5 and 26.6, and the
sections cross-referenced therein, shall apply to all light industry (LI) districts.
Section 28
Heavy Industry – HI
Sec. 28.1 Intent, where permitted
HI districts are hereby created and may hereafter be established by amendment to the zoning map to permit
industries and commercial uses which have public nuisance potential and will therefore be subject to intensive
review for locational impact on surrounding land uses and environment. Uses and lands previously established in
industrial general (M-2) and certain industrial limited (M-1) districts, where in conformity to the comprehensive
plan, shall be encouraged to develop as active centers of employment on individual sites.
It is intended that HI districts may be established in areas having all of the following characteristics:
-Areas served by a major highway, rail or air service, or secondary road improved to standards approved by the
county;
-Areas either served by public water and sewer or meeting requirements of the local office of the Virginia
Department of Health; and
-Areas having clearly demonstrated suitability for intended uses with regard to physical characteristics and
relationship to surrounding development.
The intent of the heavy industry (HI) district is to permit industrial and supporting uses having the potential, if
unregulated, to cause public nuisances and therefore requiring enhanced performance standards and review for
their impacts on surrounding lands and the environment.
Attachment A
Draft: 02/26/13
25
Structures within the heavy industry (HI) district are encouraged to be constructed to the standards required for
industrial structures, regardless of their intended use.
Sec. 28.2 Permitted uses
The uses permitted by right, by special use permit and by special exception in the heavy industry (HI) district are
set forth in “HI” column in the table in section 26.2.
Sec. 28.2.1 By right
Except as otherwise limited by section 28.2.2.14, the following uses shall be permitted by right in the HI
district, subject to the applicable requirements of this chapter: (Amended 2-13-85, 5-5-10)
1. Automotive, farm and construction and machinery products assembly.
2. Brick manufacturing, distribution.
3. Concrete mixing plant, storage, distribution.
4. Dry-cleaning plants.
5. Fire and rescue squad stations (reference 5.1.09).
6. Machine shops, tool and die, blacksmithing, boiler shops and similar operations.
7. Manufacture of heavy household, commercial and industrial appliances.
8. Manufacture of building components.
9. Manufacture, distribution, service of individual sewage disposal systems.
10. Manufacture and recycling of tires.
11. Metal fabrication and welding operations.
12. Mobile home manufacturing, distribution.
13. Moving businesses, including storage facilities.
14. Petroleum, gasoline, natural gas and manufactured gas bulk storage (reference 5.1.20).
15. Recreational vehicle and components manufacturing, distribution.
16. Sawmills (reference 5.1.15), planing mills, wood preserving operations, woodyards.
17. Veterinary or dog/cat hospitals, indoor accessory kennels (reference 5.1.11).
18. Warehouse facilities.
19. Storage yards. (Amended 11-12-08)
Attachment A
Draft: 02/26/13
26
20. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. (Amended 5-12-93)
21. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
22. Temporary construction uses (reference 5.1.18).
23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
24. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
25. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
26. Heavy equipment and heavy vehicle parking and storage yards. (Added 11-12-08)
27. Body shops (reference 5.1.31(a) and (b)). (Added 8-5-09)
28. Towing and temporary storage of motor vehicles (reference 5.1.32(b)). (Added 8-5-09)
29. Farmers’ markets that will be conducted outdoors or within a temporary or existing permanent
structure (reference 5.1.47). (Added 5-5-10)
(§ 20-28.2.1, 12-10-80; 2-13-85; 3-5-86; 11-1-89; 5-12-93; § 18-28.2.1, Ord. 98-A(1), 8-5-98; Ord. 02-18(6), 10-
9-02; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord. 09-18(7), 8-5-09; Ord. 10-18(4), 5-5-10)
Sec. 28.2.2 By special use permit
The following uses shall be permitted by special use permit in the HI district:
1. Abattoirs.
2. Airport, helistop or heliport (reference 5.1.01).
3. Asphalt mixing plants.
4. Cement, lime gypsum manufacture or processing.
5. Chemical, plastics manufacture or processing.
6. Fertilizer manufacture or processing.
7. Food processing plants such as meat, poultry and fish processing and packing and rendering plants.
8. Junk yards, screened (reference 5.1.10).
Attachment A
Draft: 02/26/13
27
9. Kennels for boarding of domestic pets (reference 5.1.11).
10. Petroleum refining, including by-products (reference 5.1.20).
11. Pulp, paper manufacture or processing.
12. Electrical power substations, transmission lines and related towers; gas or oil transmission lines,
pumping stations and appurtenances; unmanned telephone exchange centers; micro- wave and radio-
wave transmission and relay towers; substations and appurtenances (reference 5.1.12).
13. Uses permitted by right, not served by public water, involving water consumption exceeding four
hundred (400) gallons per site acre per day. Uses permitted by right, not served by public sewer,
involving anticipated discharge of sewage other than domestic wastes. (Added 2-13-85)
14. Motorcycle and off-road recreation vehicles sale and service. (Added 10-15-86)
15. Supporting commercial uses (reference 9.0). (Added 6-19-91)
16. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 2-5-03)
17. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
18. Farmers’ markets that will be conducted in a new permanent structure (reference 5.1.47). (Added 5-
5-10)
(§ 20-28.2.2, 12-10-80; 2-13-85; 10-15-86; 6-19-91; § 18-28.2.2, Ord. 98-A(1), 8-5-98; Ord. 03-18(1), 2-5-03;
Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord. 10-18(4), 5-5-10)
Sec. 28.3 Minimum area required for establishment of district
Minimum area required for establishment of an HI District shall be five (5) acres. There shall be no minimum
area requirements for additions to established HI districts, provided the area to be added adjoins and forms a
logical addition to the existing HI district.
Sec. 28.43 Additional requirements Structure height, setback, yard, development, use
In addition to requirements contained herein, the requirements of section 26.0, industrial districts, generally, shall
apply in all HI districts.
The structure height, yard, setback, development, and use standards in sections 26.4, 26.5 and 26.6, and the
sections cross-referenced therein, shall apply to all heavy industry (HI) districts.
Section 29
Planned Development – Industrial Park – PD-IP
Sec. 29.1 Intent, where permitted
PD-IP districts are hereby created and may hereafter be established by amendment to the zoning map to permit a
variety of industrial uses, together with certain uses ancillary thereto, which are compatible with and do not
Attachment A
Draft: 02/26/13
28
detract either from each other or from surrounding districts. It is intended that PD-IP districts may be established
in areas in conformity with the comprehensive plan and having all of the following char acteristics:
-Areas served by water and sewer facilities, or if such facilities are reasonably available;
-Areas served by major highway, rail or air service, or secondary road improved to standards approved by the
county; and
-Areas having clearly demonstrated suitability for intended uses with regard to physical characteristics and
relationship to surrounding development.
In the establishment of any PD-IP district, the board of supervisors shall designate the category of uses which
shall be permitted in each parcel, or part thereof, which is the subject of the application for such amendment.
The intent of the planned development – industrial park (PD-IP) district is to permit a variety of industrial and
supporting uses, together with delineated uses that are ancillary thereto, within a planned development that are
compatible with and do not detract either from each other or surrounding districts. In establishing a planned
development – industrial park (PD-IP) district, the board of supervisors shall designate the category of uses in
section 29.2 that will be permitted on each parcel, or part thereof, within the district.
Structures within the planned development – industrial park (PD-IP) district are encouraged to be constructed to
the standards required for industrial structures, regardless of their intended use.
Sec. 29.2 Permitted uses
The uses permitted by right, by special use permit and by special exception within those areas designated as
Category I or Category II on the application plan applicable to the planned development – industrial park (PD-IP)
district are set forth in the “PD-IP Cat. 1” and PD-IP Cat. 2” columns in the table in section 26.2. No separate
application for a special use permit shall be required for any special use identified on the approved application
plan.
Sec. 29.2.1 By right – Category I
The following uses shall be permitted in any area designated as Category I on the approved application
plan:
1. Uses permitted by right shall include uses permitted by right in the LI light industry district.
Sec. 29.2.2 By special use permit – Category I
The following uses shall be permitted only by special use permit provided that no separate application
shall be required for any use included on the approved application plan: (Amended 6-28-95)
1. Uses permitted by special use permit in the LI light industry district;
2. Hotels, motels, inns (reference 9.4.2). (Added 6-28-95)
Sec. 29.2.3 By right – Category II
The following uses shall be permitted in any area designated as Category II on the approved application
plan:
Attachment A
Draft: 02/26/13
29
1. Uses permitted by right shall include uses permitted by right in the LI light industry district and the
HI heavy industry district.
Sec. 29.2.4 By special use permit – Category II
Uses by special use permit shall include uses permitted by special use permit in the LI light industry district
and the HI heavy industry district; provided that no separate application shall be required for any use
included on the approved application plan.
Sec. 29.3 Minimum area required for creation of district
Minimum area required for creation of a PD-IP district shall be fifty (50) acres; provided, however that when an
initial PD-IP district has been created, incremental additions to such district shall be permitted if such incremental
addition adjoins and forms a logical addition to the existing district.
Sec. 29.4 Number of permitted uses
The number of permitted uses shall not exceed the total number of acres within the district divided by ten (10).
Sec. 29.53 Additional requirements Structure height, setback, yard, development, use
In addition to requirements contained herein, the requirements of sections 8.0 and 26.0 shall apply to all PD-IP
districts, except as hereinafter expressly provided. Any requirements of sections 26.0 and 29.0 shall be subject to
modification, variation or waiver as provided in section 8.0, planned development districts, generally. For such
areas as may be located on the perimeter of a PD-IP district, the commission shall be particularly mindful of the
intent to protect the character of adjoining development. In addition to materials required by section 8.5.1, a
transportation analysis plan shall be submitted with the application for PD-IP district designation. Such plan shall
show: projected automobile and truck traffic generation; percent of truck traffic by type; internal and access point
turning movement; general alignments of internal roads; rights-of-way widths and roadway typical sections
including base strength designs; proposed improvements to the existing transportation network; percentage
estimate of traffic distribution to and from the site on external roads; bus and car pool programs, if any. The
phasing of improvements enumerated in this section shall be indicated on the plan.
The structure height, yard, setback, development, and use standards in sections 26.4, 26.5 and 26.6, and the
sections cross-referenced therein, shall apply to all planned development – industrial park (PD-IP) districts.
(12-10-80; Ord. 98-A(1), 8-5-98; Ord. 99-18(1), 4-14-99)
Return to exec summary
Attachment B
Draft: 1102/26/1213
1
Formatted: Space After: 0 pt
ORDINANCE NO. 13-18( )
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, are hereby amended and reordained as fol lows:
By Amending:
Sec. 3.1 Definitions
Sec. 4.14.5 Certified engineer’s report
Sec. 5.1.10 Junk yards
Sec. 8.5.5.2 Review of site plans and subdivision plats
Sec. 26.1 Intent, where permitted
Sec. 27.1 Intent, where permitted
Sec. 27.2 Permitted uses
Sec. 28.1 Intent, where permitted
Sec. 28.2 Permitted uses
Sec. 29.1 Intent, where permitted
Sec. 29.2 Permitted uses
By Amending and Renaming:
Sec. 5.1.15 Sawmills, temporary or permanent, planing mills and wood yards
Sec. 5.1.20 Sale and/or storage of petroleum products, including kerosene, gasoline, and heating oil
Sec. 5.1.21 Dwellings in commercial and industrial districts On-site dwellings and sleeping quarters
accessory to commercial and industrial uses
Sec. 5.1.31 Body shop Automobile or truck repair shops, body shops, motorcycle and off-road vehicle sales
and service shops, and public garages
By Amending, Renumbering and Renaming:
Old New Heading
Sec. 26.3 Sec. 26.2 Permitted primary and accessory uses and structures; prohibited uses and
structures
Sec. 26.6 Sec. 26.34 Height regulations Structure height and setback
Sec. 26.10 Sec. 26.45 Minimum yards requirements
Sec. 27.4 Sec. 27.3 Additional requirement Structure height, yard, setback, development, use
Sec. 28.4 Sec. 28.3 Additional requirements Structure height, yard, setback, development, use
Sec. 29.5 Sec. 29.3 Additional requirements Structure height, yard, setback, development, use
By Adding:
Sec. 26.3 Independent office and general commercial uses; additional factors when considering special use
permits
Sec. 5.1.49 Dry cleaning plants
Sec. 5.1.50 Foundries
Sec. 5.1.51 Outdoor activities
Attachment B
Draft: 1102/26/1213
2
Formatted: Space After: 0 pt
Sec. 5.1.52 Outdoor storage
Sec. 5.1.53 Rendering facilities
Sec. 5.1.54 Slaughterhouses
Sec. 5.1.55 Tire recycling yards
Sec. 26.6 Site development and use
By Repealing:
Sec. 26.2 Application
Sec. 26.4 Standard ratios
Sec. 26.5 Off-street parking and loading requirements
Sec. 26.7 Performance standards
Sec. 26.8 Sign regulations
Sec. 26.9 Minimum landscaped area
Sec. 26.11 Utility requirements
Sec. 26.12 Site planning – external relationships
Sec. 26.12.1 Vehicular access
Sec. 26.13 Building separation
Sec. 27.2.1 By right
Sec. 27.2.2 By special use permit
Sec. 27.3 Minimum area required for establishment of district
Sec. 28.2.1 By right
Sec. 28.2.2 By special use permit
Sec. 28.3 Minimum area required for establishment of district
Sec. 29.2.1 By right – Category I
Sec. 29.2.2 By special use permit – Category I
Sec. 29.2.3 By right – Category II
Sec. 29.2.4 By special use permit – Category II
Sec. 29.3 Minimum area required for creation of district
Sec. 29.4 Number of permitted uses
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
. . .
Data center.: A facility used to house computer systems and associated components, such as telecommunications
and storage systems and which may include redundant or backup power supplies, redundant data communications
connections, environmental controls such as air conditioning or fire suppression, and security devices.
Data processing facility.: Facilities where electronic data is processed by employees, including, but not limited to,
data entry, storage, conversion or analysis, subscription and cr edit card transaction processing, telephone sales
and order collection, mail order and catalog sales, and mailing list preparation.
. . .
Energy and communications transmission facilities.: Electrical power substations, transmission lines and related
towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers,
Attachment B
Draft: 1102/26/1213
3
Formatted: Space After: 0 pt
micro-wave and radio-wave transmission and relay towers, substations and appurtenances ; but excluding personal
wireless service facilities.
. . .
Independent office: An office that is neither an “offices: In the industrial office” nor a “supporting officedistricts,
offices that are not “industrial offices.”
. . .
Industrial office: An officeoffices: Offices affiliated with, or in a parent-subsidiary business relationship with, a
Laboratories/Research and Development/Experimental Testing, Manufacturing/Processing/Assembly/Fabrication/
Recycling, or a Storage/Warehousing/Distribution/Transportation use that is located in Albemarle County or the
City of Charlottesville, but which need not be on the same site as the industrial use .
. . .
Laboratories/Research and Development/Experimental Testing: Scientific research, testing, investigation or
experimentation, the development of prototype products, and/or the assembly or manufacture of prototype
products, and including, but not limited to, bioscience and medical devices research, development and
manufacturing, and information technology and defense security research, development and manufacturing;
scientific or technical instruction.
. . .
Manufacturing/Processing/Assembly/Fabrication/Recycling: The processing and/or converting of goods,
materials or products; the assembly of components, pieces or subassemblies into articles or substances of differen t
character, or for use for a different purpose.
. . .
Outdoor: Either outside a structure, or inside a structure that has open windows, doors or other openings so as to
allow the activity inside the structure to be visible or audible outside the structure.
. . .
Public uses.: Public uses and, buildings and structures including, but not limited to, schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies and including temporary or
mobile facilities for these purposes; public water and sewer transmission, main or trunk lines, treatment facilities,
pumping stations and similar facilities owned and/or operated by the Rivanna Water and Sewer Authority
(reference 5.1.12).
. . .
Recycling collection station: A facility providing designated containers for the collection, sorting, and temporary
storage of recoverable resources such as paper, glass, metal, and plastic products until they are transported to a
recycling process center or to another location.
. . .
Formatted: Font: Not Italic
Attachment B
Draft: 1102/26/1213
4
Formatted: Space After: 0 pt
Recycling processing center: A facility to recycle, process, or treat recoverable resources such as paper, glass,
metal, and plastic products in order to return them to a condition in which they can be reused for production .
. . .
Storage/Warehousing/Distribution/Transportation: An establishment used primarily for the safekeeping, selling
or transferring of saleable goods or raw materials to be incorporated into saleable goods including, but not limited
to, storage facilities, call centers, data processing facilities or transit; an establishment used as a privately owned
and operated waste transfer station; and towing services and the storage of vehicles in conjunction with that
service.
. . .
Subordinate retail sales: The retail sale of products of a Laboratories/Research and Development/Experimental
Testing, Manufacturing/Processing/Assembly/Fabrication/ Recycling, or a Storage/Warehousing/
Distribution/Transportation use that is located on the same site as the industrial use.
. . .
Supporting commercial uses: A retail or office use within an industrial district that is subordinate to and which
primarily serves Laboratories/Research and Development/Experimental Testing, Manufacturing/Processing/
Assembly/Assembly/Fabrication/ Recycling, or Storage/Warehousing/Distribution/Transportation use s or their
employees including, but not limited to, restaurants, beauty salons or bank branches such as sandwich shops,
beauty salons, banks, day care centers, copy centers, private parcel shipping and delivery services, courier
services, printing services, cleaners, commercial truck repair , financial services, accounting services, human
resources services, employment services, and temporary employment services .
Supporting office: An office within an industrial district that is subordinate to and primarily serves ,
Laboratories/Research and Development/Experimental Testing, Manufacturing/Processing/Assembly/Fabrication/
Recycling, or a Storage/Warehousing/Distribution/Transportation uses within the district.
. . .
Water, sewer, energy and communications distribution facilities .: Facilities that are: (i) electric, gas, oil and
communication facilities, including their monopoles, lines, transformers, pipes, meters and related facilities for
distribution of local service and owned and operated by a public utility, but excluding their towers and excluding
personal wireless service facilities; (ii) water distribution and seweragesewer collection lines, pumping stations
and appurtenances owned and operated by the Albemarle County Service Authority; or (iii) central water supplies
and central seweragesewage systems in conformance with chapter 16 and all other applicable law, except as
otherwise expressly provided.
Article II. Basic Regulations
Sec. 4.14.5 Certified engineer’s report
Prior to the issuance of a zoning clearance or approval of a final site plan, each prospective occupant of a use of
an industrial character shall submit a certified engineer’s report as follows, except as provided in subsection
4.14.5(c):
a. Contents. Each certified engineer’s report shall include the following information unless the county
engineer determines that any such information is not necessary:
Attachment B
Draft: 1102/26/1213
5
Formatted: Space After: 0 pt
1. Nature of the operation. A description of the proposed operation, including all machines,
processes, and products.
2. Emissions and discharges. The identification of all by-products or wastes, stating the expected
levels of emissions or discharges to land, air, and/or water of any liquid, solid or gas, and the
emission of electrical impulses and sound under normal operations.
3. Control of emissions and discharges. Descriptions and specifications as to how emissions and
discharges will be treated and the equipment and practices that will be used to control emissions
and discharges.
4. Other information. Any state or federal permits, readings, measurements, plans or documentation
necessary to demonstrate that the proposed use will comply with this chapter, other requirements
of the Code and all applicable state and federal laws, including but not limited to those pertaining
to the following:
(a) Air emissions. Air emissions subject to the applicable regulations of the State Air
Pollution Control Board and the Virginia Department of Environmental Quality.
(b) Water discharges. Water discharges subject to the applicable regulations of the State
Water Control Board and the Virginia Department of Environmental Quality.
(c) Radioactive materials and radiation emissions. Radioactive materials used in
conjunction with, and radiation emissions from, a use that is subject to the applicable
regulations of the State Board of Health and all applicable requirements arising from all
agreements between the Commonwealth of Virginia and the United States of America,
and any department or agency thereof, pertaining to radioactive materials or radiation
emissions, and all interstate compacts pertaining to radioactive materials or radiation
emissions to which the Commonwealth of Virginia is a party. Any radioactivity or
radiation that would adversely affect the navigation or control of aircraft shall comply
with the current regulations of the Federal Aviation Administration.
(d) Flammable, hazardous and explosive materials. Flammable, hazardous and explosive
materials used in conjunction with a use shall comply with the applicable requirements of
the county fire marshal and the Virginia Department of Environmental Quality.
(e) Disposal of waste and spill containment . The disposal of waste and the containment of
spills in conjunction with a use shall comply with the applicable requirements of the
county fire marshal. Any use required by section 5 to provide a waste management plan
shall provide a plan that demonstrates that waste will be disposed of only in strict
compliance with state and federal regulations.
(f) Mosquito control plan. Any use required by section 5 to provide a mosquito control plan
shall provide a plan that demonstrates how mosquitoes will be controlled.
b. Review of report. The certified engineer’s report shall be reviewed by the county engineer, who shall
inform the zoning administrator as to whether the proposed use complies with the performance standards
in sections 4.14 through 4.14.5. If a site plan is required, the county engineer shall review the report and
inform the commission or the agent prior to action on the preliminary site plan as to whether the proposed
use complies with the performance standards in sections 4.14 through 4.14.5.
Attachment B
Draft: 1102/26/1213
6
Formatted: Space After: 0 pt
c. Document in lieu of certified engineer’s report. In lieu of a certified engineer’s report, the county
engineer may allow a prospective occupant of a use of an industrial character to submit a document that
describes the processes and activities of the proposed use and addresses the performance standards in
sections 4.14 through 4.14.5. A document in lieu of a certified engineer’s report: (i) is appropriate for
those uses of an industrial character that are determined by the county engineer to be low impact; (ii) may
be in the form of a letter, or in any other form acceptabl e to the county engineer, signed by the
prospective occupant or its representative; and (iii) shall be reviewed by the county engineer, who shall
inform the zoning administrator as to whether the proposed use complies with the performance standards
in sections 4.14 through 4.14.5.
(§4.14.8, 12-10-80; 9-9-92; § 4.14.5, Ord. 11-18(8), 8-3-11)
Sec. 5.1.10 Junk yards
Each junk yard shall be subject to the following
a. All storage and operational areas shall be enclosed by a solid, light-tight, sightly fence not less than eight
(8) feet in height or alternative screening and/or fencing satisfactory to the commission; zoning
administrator.
b. Storage yards Any storage area and the site’s access to a public roads shall be maintained in a dust-free
surface.
Sec. 5.1.15 Sawmill, temporary or permanent, planing mills and wood yards
Each temporary or permanent sawmill, planing mill and wood yard shall be subject to the following: (Added 10-
3-01)
a. No structure and no storage of lumber, logs, chips or timbe r shall be located closer than one hundred (100)
feet to any lot line. Trees and vegetation within the one hundred (100) foot setback shall be maintained as a
buffer to adjoining abutting properties and uses, provided that during the last three months of o peration
such the trees may be removed;.
b. No saw, planer, chipper, conveyor, chute or other like similar machinery shall be located closer than six
hundred (600) feet to from any dwelling on other property in the area any lot other than the lot on which
the sawmill, planing mill or wood yard is located.
c. No machinery used for sawing, planing, chipping or operation of other wood processing machinery shall
occur operate between 7:00 p.m. and 7:00 a.m. No loading/unloading of wood/wood products shall occur
wood or wood products shall be loaded or unloaded between 12:00 midnight and 7:00 a.m. ;
d. All timbering and milling operations, including reforestation/restoration and the disposal of snags, sawdust
and other debris, shall be conducted in accordance with Title 10.1 of the Virginia Code and the regulations
of the Virginia Department of Forestry;. (Amended 10-3-01)
e. All such operations shall be subject to the noise limitation requirements of section 4.18. (Amended 10 -3-
01)
(§ 5.1.15, 12-10-80; Ord. 01-18(6), 10-3-01)
Attachment B
Draft: 1102/26/1213
7
Formatted: Space After: 0 pt
Sec. 5.1.20 Sale and/or storage of petroleum products, including kerosene, gasoline, and heating oil
The sale or storage of petroleum products, including kerosene, gasoline, and heating oil, in excess of six hundred
(600) gallons shall be subject to the following:
a. No storage in excess of six hundred (600) gallons or sale of petroleum products shall be established
without Albemarle County fire official approval;
b. In such review and approval the fire official may, in addition t o other safety requirements, separation
between such use and adjoining uses as deemed necessary to protect the public health and safety.
a. The sale or storage of the petroleum products shall satisfy the requirements established by the fire
prevention code of the National Board of Fire Underwriters and the latest edition of the “Flammable and
Combustible Liquids Code, NEPA 30” of the National Fire Prevention Association,
b. No storage tanks and loading facilities shall be located closer than one hundred (100) feet from any lot
line.
Sec. 5.1.21 Dwellings in commercial and industrial districts On-site dwellings and sleeping quarters
accessory to commercial and industrial uses
Each on-site dwelling or sleeping quarters that is accessory to a commercial or industrial use shall be subject to
the following:
a. Dwellings in commercial and industrial districts are limited to and sleeping quarters may be occupied
only by owners or employees of the establishments, including night watchmen on-site security officers,
scientists and lab technicians;.
b. Such Any dwelling may be located individually detached from the establishment to which it pertains or
within the same structure as the main use establishment, subject to Albemarle County building official
and fire official approvals;.
c. Any sleeping quarters shall be located within the primary structure and shall be subordinate to the primary
use.
cd. Not more than one (1) dwelling unit or sleeping quarters shall be permitted per establishment;.
de. No mobile manufactured home shall be permitted as a dwelling unit for a period in excess of six (6)
months. (Added 3-17-82) (Amended 4-17-85)
Sec. 5.1.31 Body shop Automobile or truck repair shops, body shops, motorcycle and off-road vehicle sales
and service shops, and public garages
Each automobile or truck repair shop, body shop, motorcycle and off -road vehicle sales and service shop, and
public garage shall be subject to the following:
a. There shall be no storage of All parts, materials or and equipment shall be stored except within an
enclosed building.
Attachment B
Draft: 1102/26/1213
8
Formatted: Space After: 0 pt
b. No vehicle awaiting repair shall be located on any portion of such property the site so as to be visible
from any public road street or any residential property, and shall be limited to locations designed
designated on the approved site plan.
c. Nothing herein shall be construed to limit the authority of the governing body in the review of any special
use permit, including, but not limited to, the regulation of hours of operation, location of door and/o r
windows and the like. (Added 12-7-88)
c. All services shall be performed within an enclosed building.
d. No buildings in which services are performed shall be located closer than fifty (50) feet from any
residential or agricultural district.
Sec. 5.1.49 Dry cleaning plants
Each dry cleaning plant shall be subject to the following:
a. The use of perchloroethylene is prohibited.
b. The use of petroleum solvents is prohibited.
Sec. 5.1.50 Foundries
Each foundry shall be subject to the following:
a. The outdoor production, processing, or repair of equipment shall be located no closer than three hundred
(300) feet from any residential or agricultural district. The distance shall be measured from the closest
edge of the outdoor production, processing, or repair area to the boundary of the residential or
agricultural district.
b. No outdoor activity, including the location of internal access roads, shall be established, conducted or
used within one hundred (100) feet of a residential or agricultural district.
c. No activity shall be conducted outdoors between 7:00 p.m. and 7:00 a.m.
Sec. 5.1.51 Outdoor activities in industrial districts
Except as otherwise expressly permitted for a particular use, each use permitted by right or by special use permit
in an industrial district shall be subject to the following:
a. All manufacturing, compounding, assembling, processing, packaging, or other industrial or business
activity shall be conducted within a completely enclosed building .
b. No activity expressly permitted shall be conducted outdoors between 7:00 p.m. and 7:00 a.m.
c. No outdoor activity and no , including the location of internal access roadroads, shall be established,
conducted or used within one hundred (100) feet of a residential or agricultural district.
c. No activity shall be conducted outdoors between 7:00 p.m. and 7:00 a.m.
Formatted: Strikethrough
Formatted: Font color: Black
Attachment B
Draft: 1102/26/1213
9
Formatted: Space After: 0 pt
Sec. 5.1.52 Outdoor storage in industrial districts
Except as otherwise expressly permitted for a particular use, the outdoor storage of parts, materials and equipment
in an industrial district shall be subject to the following:
a. Storage areas shall be screened by a solid wall or fence, including solid entrance and exit gates, not less
than seven (7) feet nor more than ten (10) feet in height.
b. No wall or fence screening a storage area shall encroach into a sight distance triangle.
c. The parts, materials and equipment stored in a storage area shall not be stacked higher than the screening
wall or fence.
d. No outdoor storage shall be located closer thanwithin fifty (50) feet fromof a residential or agricultural
district.
e. The outdoor storage of recyclable materials at a recycling collection or recycling processing center is
prohibited.
Sec. 5.1.53 Rendering facilities
Each rendering facility shall be subject to the following:
a. The use may be established and maintained only on a site that is at least five (5) acres in size.
b. In the light industry (LI) district, no building or parking area shall be located closer thanwithin three
hundred (300) feet fromof any residential or agricultural district. In the heavy industry (HI) district, no
building or parking area shall be located closer thanwithin two hundred fifty (250) feet fromof any
residential or agricultural district.
c. No building shall be located closer thanwithin one thousand (1,000) feet fromof any school at the time the
rendering facility is established.
d. The certified engineer’s report required by section 4.15 shall include a detailed waste management plan
demonstratingsatisfying the requirements of that waste shall be disposed of only in strict compliance with
state and federal regulationssection.
e. The outdoor storage of offal, dead animals or portions thereof, meat wastes, blood, tankage or any
putrescible organic matter is prohibited.
Sec. 5.1.54 Slaughterhouses
Each slaughterhouse shall be subject to the following:
a. The gross floor area of the building shall not exceed four thousand (4,000) square feet.
b. The use may be established and maintained only on a site that is at least three (3) acres in size.
c. In the light industry (LI) district, no building or parking area shall be located closer thanwithin two
hundred (200) feet fromof any residential or agricultural district. In the heavy industry (HI) district, no
Attachment B
Draft: 1102/26/1213
10
Formatted: Space After: 0 pt
building or parking area shall be located closer thanwithin one hundred fifty (150) feet fromof any
residential or agricultural district.
d. No building shall be located closer thanwithin one thousand (1,000) feet fromof any school at the time the
slaughterhouse is established.
e. Outdoor holding pens for animals are prohibited.
f. The certified engineer’s report required by section 4.15 shall include a detailed waste management plan
demonstrating satisfying the requirements of that waste shall be disposed of only in strict compliance with
state and federal regulationssection.
Sec. 5.1.55 Tire recycling yards
Each tire recycling yard shall be subject to the following:
a. Tire storage piles are permitted as follows:
1. The site may have up to four (4) tire storage piles in which unchipped or unshredded tires may be
stored.
2. No storage pile shall be more than one hundred (100) feet in width or depth nor taller than twelve
(12) feet unless a larger or taller storage pile is permitted by the fire official.
3. Each tire storage pile shall be surrounded by containment berms as required by the fire official.
4. Tires stored in a storage pile shall be laced.
b. Tires that are not stored in a storage pile shall be chipped or shredded before they may be stored onsite.
c. Storage piles and all other outdoor storage (“storage areas”) are subject to the following:
1. Storage areas shall be screened by a solid wall or fence (, including solid entrance and exit gates),
not less than seven (7) feet nor more than twelve (12) feet in height.
2. No wall or fence screening a storage area shall encroach into a sight distance triangle.
3. Tires stored in a storage area shall not be stacked higher than the screening wall or fence.
4. No storage area shall be located closer thanwithin fifty (50) feet fromof a residential or
agricultural district.
d. The certified engineer’s report required by section 4.15 shall include a mosquito control plan
demonstrating how mosquitoes will be controlled atsatisfying the siterequirements of that section.
e. Appropriate firefighting apparatus, water supply, and foam suppressant shall be available on the site, and
they shall be of a type and in quantities required by the fire official.
f. Twenty-four (24) hour on-site caretaker(s) trained by the local fire district to provide security and first -
line firefighting, shall be provided or, in the alternative, a twenty-four (24) hour surveillance and alarm
Attachment B
Draft: 1102/26/1213
11
Formatted: Space After: 0 pt
system may be approved whereby the fire official may be used if the tire recycling yard is served by a
continuously manned fire station.
g. The site shall have paved or hard-surfaced fire access lanes and cleared areas around the exterior of the
storage area and in between individual tire storage piles. The fire access lanes and cleared areas shall be
established and maintained to the standards required by the fire official.
Article III. District Regulations
Sec. 8.5.5.2 Review of site plans and subdivision plats
Each preliminary and final site plan and subdivision plat for a planned development shall be reviewed for
compliance with the applicable regulations, as follows:
a. Planned development districts established on or before December 10, 1980 . Each preliminary and final
site plan and subdivision plat within a planned development district established on or before December
10, 1980 shall be reviewed for compliance with the applicable regulations when the site plan or
subdivision plat is under county review; provided that, at the option of the developer or subdivide r, each
preliminary and final site plan and subdivision plat may be reviewed for compliance with the applicable
regulations in effect when the planned development was approved if the developer or subdivider
establishes a vested right as provided in Virginia Code §§ 15.2-2296 et seq. or 15.2-2307 to develop
under the previously approved planned development district , and further provided that any site within the
planned development industrial park (PD-IP) district may be used for those uses currently authoriz ed by
right or by special use permit.
b. Planned development districts established after December 10, 1980. Each preliminary and final site plan
and subdivision plat within a planned development district established after December 10, 1980 shall be
reviewed for compliance with the applicable regulations in effect when the planned development district
was established or, at the option of the developer or subdivider, in effect when the site plan or subdivision
plat is under county review; subject to the f ollowing:
1. Election to comply with regulations in effect when district established; exception for certain
current subjects of regulation unless vested rights established . If the developer or subdivider
elects to have its site plan or subdivision plat reviewed for compliance with the applicable
regulations in effect when the planned development district was established, all of the following
subjects of regulation in effect when the site plan or subdivision plat is under county review shall
apply unless vested rights are established under Virginia Code §§ 15.2-2296 et seq. or 15.2-2307:
(i) entrance corridor overlay district (section 30.6); (ii) flood hazard overlay district (section
30.3); (iii) landscaping and screening (section 32.7.9); (iv) outdoor lig hting (section 4.17); (v)
parking (section 4.12); and (vi) signs (section 4.15). If rights are determined to have vested, the
regulations for these six subjects in effect when rights vested shall apply. For the purposes of this
subsection 8.5.5.2(b), an application plan approved on and after March 19, 2003 that complies
with the requirements of an application plan under subsectionsection 8.5.1(e) 33.4 or section
20A.4, or a prior version thereof in effect on and after March 19, 2003, is a significant
governmental act within the meaning of Virginia Code § 15.2 -2307.
2. Election to comply with regulations in effect when district established; election to comply with
certain current subjects of regulation. If the developer or subdivider elects to have its site plan or
subdivision plat reviewed for compliance with the applicable regulations in effect when the
planned development district was established, the developer or subdivider may also elect to
comply with one or more of the subjects of regulation list ed in subsection 8.5.5.2(b)(1) in effect
Formatted: Double underline
Formatted: Strikethrough
Formatted: Strikethrough
Attachment B
Draft: 1102/26/1213
12
Formatted: Space After: 0 pt
when the site plan or subdivision plat is under county review instead of with the corresponding
regulations in effect when the planned development district was established.
3. Uses within the planned development industrial park district. Notwithstanding subsections (b)(1) and
(b)(2), any site within the planned development industrial park (PD-IP) district may be used for those uses
currently authorized by right or by special use permit.
c. Review for compliance and conformance. A site plan or subdivision plat shall be reviewed to determine
whether it complies with the applicable regulations and other requirements of law, and whether it
conforms to the application plan, as follows:
1. Zoning administrator. The zoning administrator shall determine whether a site plan or
subdivision plat complies with the applicable regulations. In addition, the zoning administrator,
after consultation with the director of planning, shall determine whether the proposed permitt ed
uses comply with the applicable regulations and, in doing so, may permit as a use by right a use
that is not expressly classified in this chapter if the zoning administrator further determines that
the use is similar in general character to the uses per mitted by right in the district or by the code
of development and is similar in terms of locational requirements, operational characteristics,
visual impacts, and traffic, noise and odor generation.
2. Director of planning. The director of planning shall determine whether a site plan or subdivision
plat conforms to the application plan. In determining conformity, the director shall determine
whether the central features or major elements within the development are in the same location as
shown on the application plan and if the buildings, parking, streets, blocks, paths and other design
elements are of the same general character, scope and scale as shown on the application plan.
3. County engineer. The county engineer shall determine whether an erosion and sediment control
plan, grading plan, stormwater management plan, road or street plan, and mitigation plan conform
with the concept grading, stormwater management, streets, and mitigation shown on the
application plan.
d. Applicable regulations defined. For the purposes of this section 8.5.5.2, the term “applicable regulations”
means, as appropriate and applicable, all zoning regulations, all subdivision regulations, the application
plan (except for those elements authorized to be shown at a conceptual or general level), including those
plans formerly referred to as general development plans, conditions of approval, accepted proffers, the
code of development, special use permits, variances, and waivers, modifications and variations.
e. Applicability of chapter 17. Each preliminary and final site plan and subdivision plat within a planned
development district shall be reviewed for compliance with chapter 17 of the Albemarle County Code in
effect when the site plan or subdivision plat is under coun ty review, regardless of when the planned
development was established or whether the developer or subdivider elects, or establishes vested rights,
under subsections 8.5.5.2(a) and (b) to proceed with review under the applicable regulations in effect
when the planned development was approved.
f. Vested rights not impaired. Nothing in this section shall be construed as authorizing the impairment of a
vested right that may be established under Virginia Code §§ 15.2-2261(C), 15.2-2297, 15.2-2298, 15.2-
2303 or 15.2-2307.
(§ 8.5.6.2, 12-10-80; 9-9-92; § 8.5.5.2, Ord. 03-18(2), 3-19-03; Ord. 09-18(9), 10-14-09)
Formatted: Not Strikethrough
Formatted: Not Strikethrough
Attachment B
Draft: 1102/26/1213
13
Formatted: Space After: 0 pt
Section 26
Industrial Districts -- Generally
Sec. 26.1 Intent, where permitted
It is intended that iIndustrial districts hereby and hereafter created shall are intended to be for the purpose of
providing places of employment and strengthening the local economic base in furtherance of the economic
development policy of the comprehensive plan. To this end, activities involving industrial and limited commercial
land uses shall be encouraged in amounts and locations designated for such purposes in the comprehensive plan.
It is further intended that the enlargement and expansion of existing uses shall be encouraged as well as
development of new uses appropriate to the character of industrial districts. To this end, the following shall be
encouraged: (i) the establishment and continuation of industrial uses and their supporting uses in the locations and
at the levels of intensity designated for those uses in the comprehensive plan; (ii) the establishment of new
industrial uses that are appropriate for the character of the industrial districts; and (iii) the enlargement and
expansion of existing industrial uses.
Industrial districts are intended to be established in areas having all of the following characteristics: (i) the area is
served by public water and sewer facilities; (ii) the area is served by major highway, rail or air service, or
secondary roads improved to standards approved by the county; and (iii) the area is clearly demonstrated to be
suitable for the intended uses, considering the physical characteristics of the land and the intended uses and their
relationship to surrounding development.
Sec. 26.2 Application
Where industrial districts have been established prior to the enactment of this ordinance, and such districts are
recognized on the zoning map, the same shall be considered to have been established under this ordinance in
compliance with minimum area required for establishment of districts (reference sections 27.3; 28.3; 29.3).
Sec. 26.32 Permitted primary and accessory uses and structures; prohibited uses and structures
Uses and structures which are customarily accessory and clearly incidental shall be permitted, provided
establishment of the same shall not be permitted until construction has commenced on the principal building or
the principal use has been established; and provided further that in no case shall a parking structure, other than a
parking lot or garage located entirely at or below grade, be deemed to be accessory to any use in any industrial
district. In no case shall a drive-in window be deemed to be accessory to any use in any commercial district.
Uses and structures within the industrial districts are permitted as follows:
a. Primary uses and structures. Primary uses and structures within the industrial districts are permitted by
right, by special use permit, and by special exception as provided in the following table , subject to the
applicable requirements of this chapter:
Use LI HI
PD-IP
Cat. 1
PD-IP
Cat. 2
Manufacturing/Processing/Assembly/Fabrication/Recycling* BR BR BR BR
Asphalt mixing plants. N SP N SP
Brick manufacturing, distribution. SP BR SP BR
Attachment B
Draft: 1102/26/1213
14
Formatted: Space After: 0 pt
Use LI HI
PD-IP
Cat. 1
PD-IP
Cat. 2
Cement, lime gypsum manufacture or processing. N SP N SP
Chemical, plastics manufacture or processing. SP SP SP SP
Dry cleaning plants (reference 5.1.49). SP BR SP BR
Foundries (reference 5.1.50). N SP N SP
Inorganic fertilizer manufacture or processing. N SP N SP
Materials recovery facilities, privately owned and operated. SP BR SP BR
Organic fertilizer manufacture or processing. SP BR SP BR
Petroleum, gasoline, natural gas and manufactured gas bulk storage (reference
5.1.20). SP BR SP BR
Petroleum refining, including by-products (reference 5.1.20). N SP N SP
Pulp or paper manufacture or processing. N SP N SP
Recycling processing center. SP BR SP BR
Rendering plants (reference 5.1.53). SP BR SP BR
Sawmills, temporary or permanent; planing mills; wood yards (reference 5.1.15). SP BR SP BR
Storage/Warehousing/Distribution/Transportation* BR BR BR BR
Airports. SP SP SP SP
Heavy equipment and heavy vehicle parking and storage yards. SP BR SP BR
Heliports (reference 5.1.01). SP SP SP SP
Helistops (reference 5.1.01). SP SP SP SP
Junk yards (reference 5.1.10). N SP N SP
Warehouse facilities where there may be the storage of gasoline, kerosene or other
volatile materials, dynamite blasting caps and other explosives, pesticides and
poisons, and other materials which may be hazardous to life in the event of accident.
SP BR SP BR
Wholesale businesses where there may be the storage of gasoline, kerosene or other
volatile materials, dynamite blasting caps and other explosives, pesticides and
poisons, and other materials which may be hazardous to life in the event of accident.
SP BR SP BR
Laboratories/Research and Development/Experimental Testing BR BR BR BR
Offices**
Independent offices; gross floor area of the use does not exceed 3,000 square feet
per sitewithin structure existing or vested on March 13, 2013. BR BR BR BR
Independent offices; within structure not established or not vested on or before
January __,until after March 13, 2013, regardless of the gross floor area of the use
BRS
P
BRS
P BRSP BRSP
Formatted: Font color: Auto
Formatted: Font color: Auto
Formatted: Font color: Auto
Formatted: Font color: Auto
Formatted: Font color: Auto
Formatted: Font color: Auto
Formatted: Font color: Auto
Formatted: Font color: Auto
Attachment B
Draft: 1102/26/1213
15
Formatted: Space After: 0 pt
Use LI HI
PD-IP
Cat. 1
PD-IP
Cat. 2
per site..
Independent offices; gross floor area of the use exceeds 3,000 square feet per site. SE SE SE SE
Independent offices; within expanded portion of structure where expansion not
established or not vested on or before January __,until after March 13, 2013 where,
regardless of the gross floor of the building on that date, an expansion of the
building would result in a gross floor area exceeding 3,000 square feet.
SES
P
SES
P SESP SESP
Industrial offices. BR BR BR BR
Supporting offices; use does not exceed 25% of the gross floor area of a freestanding
building or of multiple buildings on an industrial site. BR BR BR BR
Supporting offices; use exceeds 25% of the gross floor area of a freestanding
building or of multiple buildings on an industrial site. SE SE SE SE
Residential Uses**
Dwellings and sleeping quarters, on-site (reference 5.1.21). BR BR BR BR
Dwellings, Multiple-family. SP N SP SP
Public Uses, Utilities and Services, and Telecommunications Uses**
Energy and communications transmission facilities (reference 5.1.12). SP SP SP SP
Fire, ambulance and rescue squad stations (reference 5.1.09). BR BR BR BR
Personal wireless service facilities, Tier I (reference 5.1.40). BR BR BR BR
Personal wireless service facilities, Tier II (reference 5.1.40). BR BR BR BR
Personal wireless service facilities, Tier III (reference 5.1.40). SP SP SP SP
Public uses (reference 5.1.12). BR BR BR BR
Stormwater management facilities shown on an approved final site plan or
subdivision plat. BR BR BR BR
Water, sewer, energy, communications distribution facilities (reference 5.1.12). BR BR BR BR
Temporary Uses**
Temporary construction headquarters (reference 5.1.18). BR BR BR BR
Temporary construction storage yards (reference 5.1.18). BR BR BR BR
Temporary events sponsored by local nonprofit organizations (reference 5.1.27). SP SP SP SP
Temporary nonresidential mobile homes (reference 5.8). BR BR BR BR
Commercial Uses**
Uses permitted by right or by special use permit in the Commercial (C-1),
Commercial Office (CO) and Highway Commercial (HC) districts (collectively,
“general commercial uses” as used in section 26.3) not otherwise expressly
SP SP SP SP
Formatted: Font color: Auto
Attachment B
Draft: 1102/26/1213
16
Formatted: Space After: 0 pt
Use LI HI
PD-IP
Cat. 1
PD-IP
Cat. 2
authorized by this section either by right or by special use permit; within structure
existing or vested on March 13, 2013.
Farmers’ markets conducted in a new permanent structure established after May 5,
2010 (reference 5.1.47). SP SP SP SP
Farmers’ markets conducted outdoors or within a temporary or existinga permanent
structure existing on May 5, 2013 (reference 5.1.47). BR BR BR BR
Hotels, motels, inns. SP SP SP SP
Outdoor storage, display and/or sales serving or associated with a permitted use,
other than a residential, agricultural or forestal use, any portion of which would be
visible from the ECa street within the entrance corridor overlay district to which it is
contiguous or from any other EC street within the entrance corridor overlay district
which is located within five hundred (500) feet; provided that review shall be limited
to determining whether the outdoor storage, display and/or sales is consistent with
the applicable design guidelines.
SP SP SP SP
Subordinate retail sales for any use permitted by right; use does not exceed 25% of
the gross floor area of the primary industrial use. BR BR BR BR
Subordinate retail sales for any use permitted by right; use exceeds 25% of the gross
floor area of the primary industrial use. SE SE SE SE
Supporting commercial; use does not exceed 25% of the gross floor area of the
freestanding building or of multiple buildings on an industrial site. BR BR BR BR
Supporting commercial; use exceeds 25% of the gross floor area of the freestanding
building or of multiple buildings on an industrial site. SE SE SE SE
Parking**
Parking structures, as part of an occupied structure (reference 4.12, 5.1.41). BR BR BR BR
Parking structures, stand alone (reference 4.12, 5.1.41). SP SP SP SP
Parking area, stand alone (reference 4.12, 5.1.41). SP SP SP SP
Uses Not Served By Public Water or Public Sewer**
Uses permitted by right in the Light Industry (LI) andor Heavy Industry (HI)
districts, not served by public sewer, involving anticipated discharge of sewage other
than domestic wastes.
SP SP SP SP
Uses permitted by right in the Light Industry (LI) andor Heavy Industry (HI)
districts, not served by public water, involving water consumption exceeding four
hundred (400) gallons per site acre per day.
SP SP SP SP
Miscellaneous
Dwellings and sleeping quarters, on-site (reference 5.1.21). BR BR BR BR
Fill areas (reference 5.1.28) BR BR BR BR
Waste areas (reference 5.1.28) BR BR BR BR
* Applies to all uses within this use classification, as defined, except for those uses expressly identified belowin
unshaded text below that use classification.
Attachment B
Draft: 1102/26/1213
17
Formatted: Space After: 0 pt
**Heading is for organizational purposes only and is not a use classification.
BR: The use is permitted by right.
SP: The use is permitted by special use permit.
SE: The use is permitted by special exception.
N: The use is not permitted.
bb. Planned industrial parks approved prior to March 13, 2013 . The uses permitted by right and by special
use permit in any planned development -industrial park (PD-IP) district approved prior to March 13, 2013
and any industrial park approved as a planned development prior to December 10, 1980, are those uses
permitted by right and by special use permit in effect when the zoning map amendment was approved and
those uses delineated in subsection (a), regardless of any election made for a planned development district
under subsections 8.5.5.2(a) and (b). No supporting retail sales or subordinate commercial use that would
exceed the by right thresholds in subsection (a) shall be expanded without a special exception as required
by subsection (a). No independent office use shall be expanded without a special use permit as required
by subsection (a).
c. Accessory uses and structures. Accessory uses and structures are permitted within each industrial district,
subject to the following:
1. When accessory use is permitted. No accessory use is permitted until the primary use to which it
is accessory has been established.
2. When accessory structure is permitted. No accessory structure is permitted until either
construction of the primary structure or the primary use to which it is accessory has commenced.
3. Prohibited accessory uses and structures. Parking structures, other thanstand alone parking lots
and parking garages located entirely at or below grade, and and drive-inthrough windows are
prohibited permitted only as provided in subsection (a) and not otherwise as accessory uses and
structures in all industrial districts.. The storage of sludge or toxic wastes, or both, is prohibited as
an accessory use; provided that the temporary storage of sludge or toxic wastes awaiting proper
disposal is a permitted accessory use.
cd. Prohibited uses and structures. The following primary uses and structures. The following uses and
structures are prohibited as primary uses within each industrial district:
1. Incinerators. The establishment or use of an incinerator.
2. Manufacture of certain products. The manufacture of acetylene gas, acid, ammonia, bleaching
powder, chlorine, detergent and cleaning preparations made from animal fats, explosives,
fireworks, fish meal, nitrogenous tankage, paints, varnish, shellac that requires distillation or
heating ingredients, vinegar that is not derived from an agricultural product, phosphates, and
turpentine.
3. Sludge. The storage of sludge.
4. Toxic wastes. The disposal or storage of toxic wastes regulated under the federal Toxic
Substances Control Act (15 U.S.C. § 2601 et seq.), provided that placing toxic wastes for their
lawful collection and disposal by a third party is not prohibited.
Formatted: Font: Italic
Attachment B
Draft: 1102/26/1213
18
Formatted: Space After: 0 pt
d. Sec. 26.3 Independent office and general commercial uses; additional factors when considering
special exceptions. use permits
In evaluating a request for a special exceptionuse permit for an independent office to exceed three thousand
(3,000) square feet gross floor areaor general commercial use as that use is described in section 26.2, the board
shall consider whether the independent officethe following factors in addition to those delineated in section 33.8:
a. The purpose of the industrial district in which the use is proposed.
b. The proposed use and its proposed size areshould be consistent with the intent of the applicable industrial
district.
c. The use proposed should not be located on the lowest floor of any building having direct exterior access
to the ground surface in order to allow that floor to be used for industrial purposes.
d. The gross floor area of each establishment should not exceed three thousand (3,000) square feet.
e. The aggregate gross floor area of the independent offices or general commercial uses, or both, should not
exceed twenty-four thousand (24,000) square feet and should not exceed twenty-five (25) percent of the
gross floor area of the building.
f. Whether the structure or structure expansion will be constructed to the standards required for industrial
structures, regardless of its intended use.
(Amended 11-7-84)
Sec. 26.4 Standard ratios
26.4.1 Floor area ratio. Maximum total floor area permissible for individual lots shall not exceed 0.70 times the
land area of the lot.
26.4.2 Maximum land coverage by buildings of an individual lot shall not exceed 0.50 times th e land area of the
lot.
Sec. 26.5 Off-street parking and loading requirements
All off-street parking and all off-street loading space requirements shall be in accordance with section 4.12.
(Amended 3-18-81)
Sec. 26.6364 Height regulations Structure height and setback
The maximum structure height and minimum setback for structures exceeding thirty -five (35) feet in height in the
industrial districts are as follows:
a. Maximum height. Except as otherwise provided in section 4.10, structures may be erected to a height not
to exceed sixty-five (65) feet.; provided that a
b. Minimum setback. Any structure exceeding thirty-five (35) feet in height shall be set back from any street
right-of-way or single-family residential or agricultural district; in addition to minimum yard
requirements, a distance of not less than two (2) feet for each one (1) foot of height in excess of thirty -five
(35) feet plus the applicable minimum yard. (Amended 9-9-92)
Formatted: Font: Bold, Not Italic
Formatted: Font: Bold, Not Italic
Formatted: Font: Bold, Not Italic
Formatted: Highlight
Formatted: Double underline
Formatted: Don't adjust space between Latin
and Asian text, Don't adjust space between
Asian text and numbers
Attachment B
Draft: 1102/26/1213
19
Formatted: Space After: 0 pt
Sec. 26.7 Performance standards
The performance standards set forth in sections 4.14 through 4.14.5 shall apply.
(§ 26.7, 12-10-80; Ord. 11-18(8), 8-3-11)
Sec. 26.8 Sign regulations
Sign regulations shall be as prescribed in section 4.15.
Sec. 26.9 Minimum landscaped area
See section 32.7.9 for landscaping and screening requirements. (Amended 7-10-85; 9-9-92)
Sec. 26.104105 Minimum yards 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
located within fifty (50) feet to fromof any public street right-of-way. No portion of any off-street
parking or loading space shall be located closer than within ten (10) feet to fromof any public street right-
of-way. (Amended 7-10-85; 7-8-92)
b. Adjacent to residential or rural areas districts district other than commercial or industrial district . No
portion of any structure, excluding signs, shall be located closer than within fifty (50) feet to fromof any
residential or rural areas district other than a commercial or industrial district and no portion of any off-
street parking space shall be closer than located within thirty (30) feet to of any residential or rural areas
district other than a commercial or industrial district. In the heavy industry (HI) district, no portion of any
structure, excluding signs, shall be located closer than within one hundred (100) feet to fromof any
residential or rural areas district other than a commercial or industrial district and no portion of any off-
street parking shall be closer than located within thirty (30) feet to fromof any residential or rural areas
district other than a commercial or industrial district. (Amended 7- 10-85; 7-8-92)
c. Buffer zone adjacent to residential and rural areas districts district other than commercial or industrial
district. No construction activity, including grading or clearing of vegetation (collectively,
“disturbance”), shall occur closer than within thirty (30) feet to fromof any residential or rural areas
district other than a commercial or industrial district except in the following circumstances: (i) adequate
landscape screening does not currently exist and disturbance is necessary to install screening that meets or
exceeds the screening requirements in section 32.7.9; (ii) an arborist or landscape architect certifies that
trees in the buffer are dying, diseased or will constitute a fall hazard and must be removed; (iii) the county
engineer determines that disturbance is necessary in order to addres s an existing drainage problem; or (iv)
disturbance will result in improved screening through the use of a berm, a retaining wall or similar
physical modification or improvement. When disturbance is allowed under subsection (i), (ii), (iii) or (iv),
the developer shall submit an illustration showing the existing screening without disturbance and the
screening that would be installed after the disturbance , and disturbance shall be allowed only if the
screening installed after the disturbance is equal to or exceeds the screening existing prior to disturbance.
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 wherethe developer or
Formatted: Strikethrough
Formatted: Not Strikethrough
Formatted: Strikethrough
Formatted: Not Strikethrough
Formatted: Strikethrough
Formatted: Strikethrough
Formatted: Strikethrough
Formatted: Not Strikethrough
Formatted: Strikethrough
Formatted: Strikethrough
Formatted: Strikethrough
Attachment B
Draft: 1102/26/1213
20
Formatted: Space After: 0 pt
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 landscap ing 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 th e 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.
d. Special exception to disturb buffer abutting district other than a commercial or industrial district. The
board of supervisors may authorize a disturbance in the buffer required to be maintained under subsection
(c) by special exception. The board shall consider whether disturbance is necessary or would result in an
improved site design, provided that: (i) minimum screen ing requirements are met; and (ii) existing
landscaping in excess of minimum requirements is substantially restored. (Added 7-10-85)
(12-10-80, §§ 26.10, 26.10.1, 26.10.2, 26.10.3; 7-10-85, 7-8-92, 9-9-92; Ord. 09-18(1), 1-14-09, §26.10)
Sec. 26.11 Utility requirements
All utility lines shall be placed underground where practical.
Sec. 26.12 Site planning – external relationships
Site planning within the district shall provide for protection of individual sites from surrounding adverse
influences, and for protection of surrounding areas from adverse influences within the district.
Sec. 26.12.1 Vehicular access
Vehicular access points shall be designed to encourage smooth traffic flow wi th controlled turning movements
and minimum hazards to vehicular and pedestrian traffic. Pavement widths and strengths of both internal and
external roads shall be adequate to accommodate projected traffic generated from the district.
Sec. 26.12.2 Screening (Deleted 7-10-85)
Sec. 26.13 Building separation
Whether or not located on the same parcel, main structures shall be constructed and separated in accordance with
Table 401 Fire Resistance Ratings of Structure Elements of the BOCA Basic Building Code, 1984 Edition or its
equivalent in the current edition of the BOCA Basic Building Code. (Added 1-1-83) (Amended 10-15-86)
Sec. 26.56 Site development and use
Subject to sections 26.34 and 26.45, each site within an industrial district shall comply with the applicable site
development and use requirements in sections 4, 5 and 32.
Attachment B
Draft: 1102/26/1213
21
Formatted: Space After: 0 pt
Section 27
Light Industry – LI
Sec. 27.1 Intent, where permitted
LI districts are hereby created and may hereafter be established by amendment to the zoning map to permit
industries, offices and limited commercial uses which are compatible with and do not detract from surrounding
districts. Uses and land previously established in industrial limited (M-1) and research and technical
manufacturing (RTM) districts, where in conformity to the comprehensive plan, shall be encouraged to deve lop as
active centers of employment on both individual sites as well as within industrial parks. It is intended that LI
districts may be established in areas having all of the following characteristics:
-Areas served by water and sewer facilities or if such facilities are reasonably available;
-Areas served by major highway, rail or air service, or secondary road improved to standards approved by the
county; and
-Areas having clearly demonstrated suitability for intended uses with regard to physical cha racteristics and
relationship to surrounding development.
The intent of the light industry (LI) district is to permit industrial and supporting uses that are compatible with,
and do not detract from, surrounding districts.
Structures within the light industry (LI) district are encouraged to be constructed to the standards required for
industrial structures, regardless of their intended use.
Sec. 27.2 Permitted uses
The uses permitted by right, by special use permit and by special exception in the light industry (LI) district are
set forth in “LI” column in the table in section 26.2.
Sec. 27.2.1 By right
Except as otherwise limited by section 27.2.2.10, the following uses shall be permitted by right in the LI district,
subject to the applicable requirements of this chapter: (Amended 2-13-85, 5-5-10)
1. Compounding of drugs, including biological products, medical and chemical as well as
pharmaceutical.
2. Fire and rescue squad stations (reference 5.1.9).
3. Manufacture, processing, fabrication, assembly, distribution of products such as but not limited to:
(Amended 12-2-81; 2- 20-91)
-Artists' supplies and equipment.
-Business, office machines and equipment.
-Cosmetics, including perfumes, perfumed toiletries and perfumed toilet soap.
Attachment B
Draft: 1102/26/1213
22
Formatted: Space After: 0 pt
-Drafting supplies and equipment.
-Electrical lighting and wiring equipment.
-Electrical and electronic equipment and components including radio, telephone, computer,
communication equipment, TV receiving sets, phonographs.
-Food products, such as bakery goods, dairy products, candy, beverages, including bottling plants.
-Gifts, novelties including pottery, figurines and similar ceramic products.
-Glass products made of purchased glass.
-Industrial controls.
-Jewelry, silverware.
-Light machinery and machine parts, including electrical household appliances but not including such
things as clothes washers, dryers and refrigerators.
-Musical instruments.
-Paper products such as die-cut paperboard and cardboard, sanitary paper products, bags and
containers.
-Photographic equipment and supplies including processing and developing plant.
-Rubber, metal stamps.
-Small electrical parts such as coils, condensers, transformers, crystal holders.
-Surgical, medical and dental instruments and supplies.
-Toys, sporting and athletic equipment, except firearms, ammunition or fireworks.
-Watches, clocks and similar timing devices.
-Wood cabinets and furniture, upholstery.
4. Publishing, printing, lithography and engraving, including but not limited to newspapers, periodicals
and books.
5. Preparation of printing plates including typesetting, etching and engraving.
6. Research and development activities including experimental testing.
7. Scientific or technical education facilities.
8. Assembly and fabrication of light aircraft from component parts manufactured off-site.
9. Storage yard. (Amended 11-12-08)
Attachment B
Draft: 1102/26/1213
23
Formatted: Space After: 0 pt
10. Engineering, engineering design, assembly and fabrication of machinery and components, including
such on-site accessory uses as machining, babbitting, welding and sheet metal work and excluding
such uses as drop hammering and foundry. (Amended 10-3-01)
11. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central sewerage systems in conformance with Chapter
16 of the Code of Albemarle and all other applicable law. (Amended 5 -12-93)
12. Public uses and buildings including temporary or mobile facilities such as sc hools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
13. Temporary construction uses (reference 5.1.18).
14. Business and professional office buildings.
15. Dwellings (reference 5.1.21). (Added 4-17-85)
16. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
17. Warehouse facilities and wholesale businesses not involving storage of gasoline, kerosene or other
volatile materials; dynamite blasting caps and other explosives; pesticides and poisons ; and other such
materials which could be hazardous to life in the event of accident. (Added 12 -2-87)
18. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
19. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
20. Farmers’ markets that will be conducted outdoors or within a temporary or existing permanent
structure (reference 5.1.47). (Added 5-5-10)
(§ 27.2.1, 12-10-80, 12-2-81, 2-13-85, 4-17-85, 3-5-86, 12-2-87, 11-1-89, 5-12-93; § 18-27.2.1, Ord. 98-A(1), 8-
5-98; Ord. 01-18(6), 10-3-01; Ord. 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord. 10-
18(4), 5-5-10)
Sec. 27.2.2 By special use permit
The following uses shall be permitted by special use permit in the LI district:
1. Laboratories, medical or pharmaceutical.
2. Airport, helistop or heliport (reference 5.1.1).
3. Assembly of modular building units.
Attachment B
Draft: 1102/26/1213
24
Formatted: Space After: 0 pt
4. Moving businesses, including storage facilities.
5. Warehouse facilities not permitted under section 27.2.1.17. (Amended 12-2-87)
6. Wholesale business not permitted under section 27.2.1.17. (Amended 12-2-87)
7. Truck terminal.
8. Electrical power substations, transmission lines and related towers; gas or oil transm ission lines,
pumping stations and appurtenances; unmanned telephone exchange centers; micro - wave and radio-
wave transmission and relay towers, substations and appurtenances.
9. Temporary events sponsored by local nonprofit organizations (reference 5.1.27). (Added 7-7-82)
10. Uses permitted by right, not served by public water, involving water consumption exceeding four
hundred (400) gallons per site acre per day. Uses permitted by right, not served by public sewer,
involving anticipated discharge of sewage other than domestic wastes. (Added 2-13-85)
11. Body shops (reference 5.1.31). (Added 12-7-88)
12. Towing and storage of motor vehicles (reference 5.1.32). (Added 6 -6-90)
13. Uses listed under section 27.2.1 with subordinate retail sales ex ceeding fifteen (15) percent of the
floor area of the main use. (Added 2-20-91)
14. Supporting commercial uses (reference 9.0). (Added 6-19-91)
15. Indoor athletic facilities. (Added 9-15-93)
16. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 2-5-03)
17. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
18. Heavy equipment and heavy vehicle parking and storage yards. (Added 11 -12-08)
19. Farmers’ markets that will be conducted in a new permanent structure (reference 5.1.47). (Added 5-5-
10)
20. Uses permitted by right in the Heavy Industry (HI) zoning district that are not otherwise permitted by
right under section 27.2.1. (Added 6-2-10)
(§ 20-27.2.2, 12-10-80; 7-7-82; 2-13-85; 12-2-87; 12-7-88; 6-6-90; 2-20-91; 6-19-91; 9-15-93; § 18-27.2.2, Ord.
98-A(1), 8-5-98; Ord. 03-18(1), 2-5-03; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord. 10-18(4), 5-5-10;
Ord. 10-18(6), 6-2-10)
Sec. 27.3 Minimum area required for establishment of district
Minimum area required for establishment of an LI district shall be five (5) acres. Unless otherwise provided in
section 26.2, there shall be no minimum area requirements for additions to an established LI district, provided
such area to be added adjoins and forms a logical addition to the existing LI district.
Attachment B
Draft: 1102/26/1213
25
Formatted: Space After: 0 pt
Sec. 27.43 Additional requirement Structure height, yard, setback, development, use
In addition to the requirements contained herein, the requirements of section 26.0, industrial districts, generally,
shall apply within all LI districts.
The structure height, yard, setback, development and use standards in sections 26.34, 26.45 and 26.56, and the
sections cross-referenced therein, shall apply to all light industry (LI) districts.
Section 28
Heavy Industry – HI
Sec. 28.1 Intent, where permitted
HI districts are hereby created and may hereafter be established by amendment to the zoning map to permit
industries and commercial uses which have public nuisance potential and will therefore be subject to intensive
review for locational impact on surrounding land uses and environment. Uses and lands previously established in
industrial general (M-2) and certain industrial limited (M-1) districts, where in conformity to the comprehensive
plan, shall be encouraged to develop as active centers of employment on individual sites.
It is intended that HI districts may be established in areas having all of the following characteristics:
-Areas served by a major highway, rail or air service, or secondary road improved to standards approved by the
county;
-Areas either served by public water and sewer or meeting requirements of the local office of the Virginia
Department of Health; and
-Areas having clearly demonstrated suitability for intende d uses with regard to physical characteristics and
relationship to surrounding development.
The intent of the heavy industry (HI) district is to permit industrial and supporting uses having the potential , if
unregulated, to cause public nuisances and therefore requiring enhanced performance standards and review for
their impacts on surrounding lands and the environment.
Structures within the heavy industry (HI) district are encouraged to be constructed to the standards required for
industrial structures, regardless of their intended use.
Sec. 28.2 Permitted uses
The uses permitted by right, by special use permit and by special exception in the heavy industry (HI) district are
set forth in “HI” column in the table in section 26.2.
Sec. 28.2.1 By right
Except as otherwise limited by section 28.2.2.14, the following uses shall be permitted by right in the HI
district, subject to the applicable requirements of this chapter: (Amended 2 -13-85, 5-5-10)
1. Automotive, farm and construction and machinery products assembly.
Formatted: Font: Bold
Formatted: Tab stops: Not at 0.25" + 0.5" +
0.75" + 1" + 1.25" + 1.5" + 1.75" + 2" +
2.25" + 2.5" + 2.75" + 3" + 3.25" + 3.5" +
3.75" + 4" + 4.25" + 4.5" + 4.75" + 5"
Formatted: Double underline
Attachment B
Draft: 1102/26/1213
26
Formatted: Space After: 0 pt
2. Brick manufacturing, distribution.
3. Concrete mixing plant, storage, distribution.
4. Dry-cleaning plants.
5. Fire and rescue squad stations (reference 5.1.09).
6. Machine shops, tool and die, blacksmithing, boiler shops and similar operations.
7. Manufacture of heavy household, commercial and industrial appliances.
8. Manufacture of building components.
9. Manufacture, distribution, service of individual sewage disposal systems.
10. Manufacture and recycling of tires.
11. Metal fabrication and welding operations.
12. Mobile home manufacturing, distribution.
13. Moving businesses, including storage facilities.
14. Petroleum, gasoline, natural gas and manufactured gas bulk storage (reference 5.1.20).
15. Recreational vehicle and components manufacturing, distribution.
16. Sawmills (reference 5.1.15), planing mills, wood preserving operations, woodyards.
17. Veterinary or dog/cat hospitals, indoor accessory kennels (reference 5.1.11).
18. Warehouse facilities.
19. Storage yards. (Amended 11-12-08)
20. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. (Amended 5 -12-93)
21. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
22. Temporary construction uses (reference 5.1.18).
23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
Attachment B
Draft: 1102/26/1213
27
Formatted: Space After: 0 pt
24. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
25. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10 -13-04)
26. Heavy equipment and heavy vehicle parking and storage yards. (Added 11-12-08)
27. Body shops (reference 5.1.31(a) and (b)). (Added 8-5-09)
28. Towing and temporary storage of motor vehicles (reference 5.1.32(b)). (Added 8 -5-09)
29. Farmers’ markets that will be conducted outdoors or within a temporary or e xisting permanent
structure (reference 5.1.47). (Added 5-5-10)
(§ 20-28.2.1, 12-10-80; 2-13-85; 3-5-86; 11-1-89; 5-12-93; § 18-28.2.1, Ord. 98-A(1), 8-5-98; Ord. 02-18(6), 10-
9-02; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord. 09-18(7), 8-5-09; Ord. 10-18(4), 5-5-10)
Sec. 28.2.2 By special use permit
The following uses shall be permitted by special use permit in the HI district:
1. Abattoirs.
2. Airport, helistop or heliport (reference 5.1.01).
3. Asphalt mixing plants.
4. Cement, lime gypsum manufacture or processing.
5. Chemical, plastics manufacture or processing.
6. Fertilizer manufacture or processing.
7. Food processing plants such as meat, poultry and fish processing and packing and rendering plants.
8. Junk yards, screened (reference 5.1.10).
9. Kennels for boarding of domestic pets (reference 5.1.11).
10. Petroleum refining, including by-products (reference 5.1.20).
11. Pulp, paper manufacture or processing.
12. Electrical power substations, transmission lines and related towers; gas or oil transmission lines,
pumping stations and appurtenances; unmanned telephone exchange centers; micro - wave and radio-
wave transmission and relay towers; substations and appurtenances (reference 5.1.12).
13. Uses permitted by right, not served by public water, involving water consumption exceeding four
hundred (400) gallons per site acre per day. Uses permitted by right, not served by public sewer,
involving anticipated discharge of sewage other than domestic wastes. (Added 2 -13-85)
Attachment B
Draft: 1102/26/1213
28
Formatted: Space After: 0 pt
14. Motorcycle and off-road recreation vehicles sale and service. (Added 10-15-86)
15. Supporting commercial uses (reference 9.0). (Added 6-19-91)
16. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 2 -5-03)
17. Tier III personal wireless service facilities (reference 5.1.40). (Added 10 -13-04)
18. Farmers’ markets that will be conducted in a new permanent structure (reference 5.1.47). (Added 5 -
5-10)
(§ 20-28.2.2, 12-10-80; 2-13-85; 10-15-86; 6-19-91; § 18-28.2.2, Ord. 98-A(1), 8-5-98; Ord. 03-18(1), 2-5-03;
Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord. 10-18(4), 5-5-10)
Sec. 28.3 Minimum area required for establishment of district
Minimum area required for establishment of an HI District shall be five (5) acres. There shall be no minimum
area requirements for additions to established HI districts, provided the area to be added adjoins and forms a
logical addition to the existing HI district.
Sec. 28.43 Additional requirements Structure height, setback, yard, development, use
In addition to requirements contained herein, the requirements of section 26.0, industrial districts, generally, shall
apply in all HI districts.
The structure height, yard, setback, development, and use standards in sections 26.34, 26.45 and 26.56, and the
sections cross-referenced therein, shall apply to all heavy industry (HI) districts.
Section 29
Planned Development – Industrial Park – PD-IP
Sec. 29.1 Intent, where permitted
PD-IP districts are hereby created and may hereafter be established by amendment to the zoning map to permit a
variety of industrial uses, together with certain uses ancillary thereto, which are compatible with and do not
detract either from each other or from surrounding districts. It is intended that PD -IP districts may be established
in areas in conformity with the comprehensive plan and having all of the following characteristics:
-Areas served by water and sewer facilities, or if such facilities are reasonably available;
-Areas served by major highway, rail or air service, or secondary road improved to standards approved by the
county; and
-Areas having clearly demonstrated suitability for intended uses with regard to physical characteristics and
relationship to surrounding development.
In the establishment of any PD-IP district, the board of supervisors shall designate the category of uses which
shall be permitted in each parcel, or part thereof, which is the subject of the application for such amendment .
Formatted: Font: Bold, No underline
Formatted: Tab stops: Not at 0.25" + 0.5" +
0.75" + 1" + 1.25" + 1.5" + 1.75" + 2" +
2.25" + 2.5" + 2.75" + 3" + 3.25" + 3.5" +
3.75" + 4" + 4.25" + 4.5" + 4.75" + 5"
Attachment B
Draft: 1102/26/1213
29
Formatted: Space After: 0 pt
The intent of the planned development – industrial park (PD-IP) district is to permit a variety of industrial and
supporting uses, together with delineated uses that are ancillary thereto , within a planned development that are
compatible with and do not detract either from each other or surrounding d istricts. In establishing a PD-IPplanned
development – industrial park (PD-IP) district, the board of supervisors shall designate the category of uses in
section 29.2 that will be permitted on each parcel, or part thereof, within the district.
Structures within the planned development – industrial park (PD-IP) district are encouraged to be constructed to
the standards required for industrial structures, regardless of their intended use.
Sec. 29.2 Permitted uses
The uses permitted by right, by special use permit and by special exception within those areas designated as
Category I or Category II on the application plan applicable to the planned development – industrial park (PD-IP)
district are set forth in the “PD-IP Cat. 1” and PD-IP Cat. 2” columns in the table in section 26.2. No separate
application for a special use permit shall be required for any special use identified on the approved application
plan.
Sec. 29.2.1 By right – Category I
The following uses shall be permitted in any area designated as Category I on the approved application
plan:
1. Uses permitted by right shall include uses permitted by right in the LI light industry district.
Sec. 29.2.2 By special use permit – Category I
The following uses shall be permitted only by special use permit provided that no separate application
shall be required for any use included on the approved application plan: (Amended 6 -28-95)
1. Uses permitted by special use permit in the LI light industry district;
2. Hotels, motels, inns (reference 9.4.2). (Added 6-28-95)
Sec. 29.2.3 By right – Category II
The following uses shall be permitted in any area designated as Category II on the approved application
plan:
1. Uses permitted by right shall include uses permitted by right in the LI light i ndustry district and the
HI heavy industry district.
Sec. 29.2.4 By special use permit – Category II
Uses by special use permit shall include uses permitted by special use permit in the LI light industry district
and the HI heavy industry district; provided that no separate application shall be required for any use
included on the approved application plan.
Sec. 29.3 Minimum area required for creation of district
Minimum area required for creation of a PD-IP district shall be fifty (50) acres; provi ded, however that when an
Formatted: Double underline
Formatted: Tab stops: 0.75", Left
Formatted: Indent: Left: 0.5", Hanging:
0.25", Tab stops: 0.75", Left
Attachment B
Draft: 1102/26/1213
30
Formatted: Space After: 0 pt
initial PD-IP district has been created, incremental additions to such district shall be permitted if such incremental
addition adjoins and forms a logical addition to the existing district.
Sec. 29.4 Number of permitted uses
The number of permitted uses shall not exceed the total number of acres within the district divided by ten (10).
Sec. 29.53 Additional requirements Structure height, setback, yard, development, use
In addition to requirements contained herein, the requi rements of sections 8.0 and 26.0 shall apply to all PD-IP
districts, except as hereinafter expressly provided. Any requirements of sections 26.0 and 29.0 shall be subject to
modification, variation or waiver as provided in section 8.0, planned development districts, generally. For such
areas as may be located on the perimeter of a PD-IP district, the commission shall be particularly mindful of the
intent to protect the character of adjoining development. In addition to materials required by section 8.5.1 , a
transportation analysis plan shall be submitted with the application for PD-IP district designation. Such plan shall
show: projected automobile and truck traffic generation; percent of truck traffic by type; internal and access point
turning movement; general alignments of internal roads; rights -of-way widths and roadway typical sections
including base strength designs; proposed improvements to the existing transportation network; percentage
estimate of traffic distribution to and from the site on external roads; bus and car pool programs, if any. The
phasing of improvements enumerated in this section shall be indicated on the plan.
The structure height, yard, setback, development, and use standards in sections 26.34, 26.45 and 26.56, and the
sections cross-referenced therein, shall apply to all planned development – industrial park (PD-IP) districts.
(12-10-80; Ord. 98-A(1), 8-5-98; Ord. 99-18(1), 4-14-99)
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted
by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as recorded below, at a
regular meeting held on _________________________.
__________________________________
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd ____ ____
Mr. Dumler ____ ____
Ms. Mallek ____ ____
Mr. Rooker ____ ____
Mr. Snow ____ ____
Mr. Thomas ____ ____
Attachment C
Updated 3/8/13
By-Right Special Exception Special Use By-Right Special Exception Special Use
Office Uses in Industrial Districts
Intent sections to include statement that buildings in the
districts should be designed/built to meet industrial building
code standards
Industrial Office X X
Independent Office:
Existing and Vested Structures X X
New Buildings/ Building Expansions X X (subject to 26.3)
Commercial Uses in Industrial Districts
Intent sections to include statement that buildings in the
districts should be designed/built to meet industrial building
code standards
Subordinate Retail Sales X (≤ 15%) - LI X (> 15%) - LI X (≤ 25% of GFA)X (> 25% of GFA)
Supporting Commercial X (≤ 5%)X (≤ 25% of GFA)X (> 25% of GFA)
By-Right or SP Uses from CO, C-1 and HC ("General
Commercial"):
Existing and Vested Structures Most Not Permitted X (subject to 26.3)
New Buildings/ Building Expansions Most Not Permitted Most Not Permitted
Residential Uses in Industrial Districts
1 dwelling unit; owners
or employees,
including night
watchmen
1 dwelling unit or
sleeping quarters;
owners or employees,
including security
officers, scientists &
lab technicians
Industrial Uses in Commercial Districts
Highway Commercial
Lab/Research &Dev/Experiment Testing Most Not Permitted X (≤4000 sq. ft.)X (above 4000 sq. ft.)
Man/Processing/Assembly/Fab & Recycling Most Not Permitted X (≤4000 sq. ft.)X (above 4000 sq. ft.)
Storage/Warehousing/Distribution/Transport Most Not Permitted X (≤4000 sq. ft.)X (above 4000 sq. ft.)
C-1
Lab/Research &Dev/Experiment Testing Most Not Permitted X (≤4000 sq. ft.)X (above 4000 sq. ft.)
Man/Processing/Assembly/Fab & Recycling Most Not Permitted X (≤4000 sq. ft.)X (above 4000 sq. ft.)
Storage/Warehousing/Distribution/Transport Most Not Permitted X
Commercial Office
Lab/Research &Dev/Experiment Testing Most Not Permitted X (≤4000 sq. ft.)X (above 4000 sq. ft.)
Man/Processing/Assembly/Fab & Recycling Most Not Permitted X
Storage/Warehousing/Distribution/Transport Most Not Permitted X
GFA = gross floor area of freestanding building or multiple buildings on an industrial site.
Showing Current Ordinance vs. Proposed Ordinance for Office, Commercial and Residential Uses
Summary Table
Current Proposed
Doctor’s Office
By right
Proposed Current
Doctor’s Office
By right
Independent Office Uses in Industrial Districts
* Subject to factors outlined in Section 26.3
Special use
permit*
1)Existing building,
2)Grandfathered
property (PD-IP),
3)Properties vested
on/ before date of
adoption
New building, or
building expansion
ATTACHMENT D
Research lab
By right
Industrial Uses in Industrial Districts
Proposed Current
Research lab
Special
use
permit
ATTACHMENT D
Towing business
By right
Proposed Current
Towing business
Special
use
permit
Industrial Uses in Industrial Districts
ATTACHMENT D
Commercial
kennel
* Subject to factors outlined in Section 26.3
Commercial Uses in Industrial Districts
Proposed Current
Commercial
kennel
Special
use
permit*
Not
permitted
Not
permitted
Existing building New building
ATTACHMENT D
Biotech lab
Industrial Uses in Commercial Districts
Proposed Current
Biotech lab
Not
permitted
By right
≤ 4,000 sf > 4,000 sf
Special
exception
ATTACHMENT D
Commercial
cannery
Industrial Uses in Commercial Districts
Proposed Current
Commercial
cannery
Not
permitted
By right
≤ 4,000 sf
(HC & C-1)
> 4,000 sf
(HC & C-1)
Special
exception
(CO)
Special
use
permit
ATTACHMENT D
Package delivery
company
Industrial Uses in Commercial Districts
Proposed Current
Package delivery
company
Not
permitted
By right
≤ 4,000 sf
(HC)
> 4,000 sf
(HC)
Special
exception
(C-1 & CO)
Special
use
permit
ATTACHMENT D
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
MEMORANDUM
TO: File
FROM: Wayne Cilimberg, Director of Planning
DATE: December 21, 2012
RE: ZTA-2012-00013 Industrial Uses in the Commercial Districts
The Albemarle County Planning Commission, at its meeting on December 11, 2012, held a work session
to discuss the issues related to the proposed changes to the site plan review process.
ORDINANCE NO. 13-18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, AND
ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article I, General Provisions, and Article III, District Regulations, are hereby amended and
reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 20.3.1 By right
Sec. 20.3.2 By special use permit
Sec. 20A.6 Permitted uses
Sec. 20B.2 Permitted uses
Sec. 22.2.1 By right
Sec. 22.2.2 By special use permit
Sec. 23.2.1 By right
Sec. 23.2.2 By special use permit
Sec. 24.2.1 By right
Sec. 24.2.2 By special use permit
Sec. 25.2.1 By right
Sec. 25.2.2 By special use permit
Sec. 25A.2.1 By right
Sec. 25A.2.2 By special use permit
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
. . .
Drive-in window Drive-through Window: An accessory facility designed to provide access to commercial
products and/or services for customers remaining in their automobiles motor vehicle, provided that this
term does not include providing services to customers remaining in their motor vehicle while it is parked in
a parking space. (Added 11-7-84)
. . .
Establishment: A public or private institution or a place of business.
. . .
Medical center: Establishment wherein medical care is provided on an outpatient basis as distinguished
from a hospital or a professional office.
Article III. District Regulations
Sec. 20.3.1 By right
The following uses shall be permitted subject to the requirements and limitations of this ordinance
chapter:
1. Detached single-family dwellings.
2. Semi-detached and attached single-family dwellings such as duplexes, triplexes,
quadraplexes, townhouses, atrium houses and patio houses provided that density is
maintained, and provided further that buildings are located so that each unit could be
provided with a lot meeting all other requirements for detached single-family dwellings except
for side yards at the common wall.
3. Multiple-family dwellings.
4. (Repealed 9-2-81)
5. Parks, playgrounds, community centers and noncommercial recreational and cultural facilities
such as tennis courts, swimming pools, game rooms, libraries and the like.
6. Electric, gas, oil and communication facilities, excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Servi ce
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other
applicable law. Water, sewer, energy and communications distribution facilities. (Amended 5-
12-93)
7. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
8. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.18).
9. Accessory uses and structures including home occupation, Class A (reference 5.2) and
storage buildings.
10. Homes for developmentally disabled persons Group homes (reference 5.1.07).
11. Stormwater management facilities shown on an approved final site plan or subdivision
plat.(Added 10-9-02)
12. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
(§ 20-20.3.1, 12-10-80; 9-2-81; 11-1-89; 5-12-93; Ord 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04)
Sec. 20.3.2 By special use permit
The following uses shall be permitted by special use permit in the PUD district, subject to the applicable
requirements of this chapter and provided that no separate application shall be required for any such use
included in the original PUD rezoning petition: (Amended 5-5-10)
1. Day care, child care or nursery facility (reference 5.1.06).
2. Fire, ambulance and rescue squad stations (reference 5.1.09).
3. Rest home, nursing home, convalescent home, orphanage or similar institution (reference
5.1.13).
4. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro -
wave and radio-wave transmission and relay towers, substations and appurtenances Energy
and communications transmission facilities (reference 5.1.12).
5. Home occupation, Class B (reference 5.2).
6. Churches. (Added 9-2-81)
7. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84;
Amended 2-5-03)
8. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
9. Farmers’ markets (Added 5-5-10)
(§ 20-20.3.2, 12-10-80; 9-2-81; 11-7-84; Ord. 03-18(1), 2-5-03; Ord. 04-18(2), 10-13-04; Ord. 10-18(4), 5-
5-10)
Sec. 20A.6 Permitted uses
The following uses shall be permitted in an NMD, subject to the regulations in this section and section 8,
the approved application plan and code of development, and the accepted proffers:
a. By right uses. The following uses are permitted by right if the use is expressly identified as a by
right use in the code of development or if the use is permitted in a determination by the zoning
administrator pursuant to subsection 8.5.5.2(c)(1):
1. Each use allowed by right or by special use permit in any other zoning district, except for
those uses allowed only by special use permit delineated in subsections 20A.6(b)(2) and
(b)(3); provided that the use is identified in the approved code of development.
2. Electric, gas, oil and communication facilities, excluding tower structures and including
poles, lines, transformers, pipes, meters and related facilities for distribution of local
service and owned and operated by a public utility. Water distribution and sewerage
collection lines, pumping stations and appurtenances owned and operated by the
Albemarle County Service Authority. Except as otherwise expressly provided, central
water supplies and central sewerage systems in conformity with Chapter 16 of the Code
of Albemarle and all other applicable law Water, sewer, energy and communications
distribution facilities.
3. Accessory uses and buildings including storage buildings.
4. Home occupation, Class A, where the district includes residential uses.
5. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.18).
6. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies, public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water
and Sewer Authority (reference 5.1.12).
7. Tourist lodgings, where the district includes residential uses.
8. Homes for developmentally disabled persons Group homes, where the district includes
residential uses.
9. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
10. Farmers’ markets (reference 5.1.47). (Added 5-5-10)
b. By special use permit. The following uses are permitted by special use permit if the use is
expressly identified as use permitted by special use permit in the code of development:
1. Each use allowed by right or by special use permit in any other zoning district.
2. Drive-through windows serving or associated with permitted uses.
3. Outdoor storage, display and/or sales serving or associated with a by right permitted use,
if any portion of the use would be visible from a travelway.
(Ord. 03-18(2), 3-19-03; Ord 04-18(2), 10-13-04; Ord. 09-18(9), 10-14-09; Ord. 10-18(4), 5-5-10)
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 limited 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.
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. Laboratories, medical or pharmaceutical.
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. Research and development activities, including experimental testing, subject to the
performance standards stated in section 4.14 of this chapter.
34. Restaurants.
35. Retail nurseries and greenhouses.
36. Service stations.
37. Sporting goods sales.
38. Tailors and seamstresses.
39. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.118).
40. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
41. Tourist lodging.
42. Visual and audio appliances.
B. By right uses; office. The following office uses are permitted by right:
1. Medical centers.
21. Offices.
32. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.11 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, civic, fraternal, patriotic (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. Electric, gas, oil and communication facilities, excluding tower structures and including
poles, lines, transformers, pipes, meters and related facilities for distribution of local
service and owned and operated by a public utility. Water distribution and sewerage
collection lines, pumping stations and appurtenances owned and operated by the
Albemarle County Service Authority. Except as otherwise expressly provided, central
water supplies and central sewerage systems in conformanc e with Chapter 16 of the
Code of Albemarle and all other applicable law 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 and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated b y local, state or
federal agencies (reference 31.2.5); public water and sewer transmission main or trunk
lines, treatment facilities, pumping stations and the like, owned and/or operated by the
Rivanna Water and Sewer Authority (reference 31.2.5, 5.1.12).
13. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.11 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).
E. By special use permit. The following uses are permitted by special use permit:
1. Body shops (reference 5.1.31).
2. Buildings more than fifty (50) feet or four stories in height, up to seventy (70) feet or six
(6) stories in height, provided the increased height allows the provision of a demonstrated
public benefit, such as providing affordable housing or parking.
3. Buildings one story in height.
4. Car washes.
5. Compounding of drugs, including biological products, medical and chemical as well as
pharmaceutical.
6. Detached single-family dwelling, provided that there is no other use permitted by
subsections 20B.2(A), (B), (C) or (E) on the same lot.
7. Drive-inthrough windows.
8. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone exchange
centers; micro-wave and radio-wave transmission and relay towers, substations and
appurtenances Energy and communications transmission facilities (reference 5.1.12).
9. Hospitals.
10. Manufacturing, processing, fabricating, assembling, and distributing products including,
but not limited to:
-Artists’ supplies and equipment.
-Business, office machines and equipment.
-Cosmetics, including perfumes, perfumed toiletries and perfumed toilet soap.
-Drafting supplies and equipment.
-Electrical lighting and wiring equipment.
-Electrical and electronic equipment and components including radio, telephone,
computer, communication equipment, TV receiving sets, phonographs.
-Food products, such as bakery goods, dairy products, candy, beverages, including
bottling plants.
-Gifts, novelties including pottery, figurines and similar ceramic products.
-Glass products made of purchased glass.
-Industrial controls.
-Jewelry, silverware.
-Light machinery and machine parts, including electrical household appliances but not
including such things as clothes washers, dryers and refrigerators.
-Musical instruments.
-Paper products such as die-cut paperboard and cardboard, sanitary paper products,
bags and containers.
-Photographic equipment and supplies including processing and developing plant.
-Rubber, metal stamps.
-Small electrical parts such as coils, condensers, transformers, crystal holders.
-Surgical, medical and dental instruments and supplies.
-Toys, sporting and athletic equipment, except firearms, ammunition or fireworks.
-Watches, clocks and similar timing devices.
-Wood cabinets and furniture, upholstery.
11. Publishing, printing, lithography and engraving, including but not limited to newspapers,
periodicals and books.
12. Preparation of printing plates including typesetting, etching and engraving.
13. Stand-alone parking (reference 4.12).
14. Storage yards.
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.
F. 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; (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.
(Ord. 08-18(3), 6-11-08; Ord. 10-18(4), 5-5-10)
Sec. 22.2.1 By right
The following uses shall be permitted in any C-1 district, subject to the applicable requirements of this
chapter. The zoning administrator, after consultation with the director of planning and other appropriate
officials, may permit as a use by right, a use not specifically permitted; provided that such use shall be
similar to uses permitted by right in general character and more specifically, similar in terms of locational
requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning
administrator's decision shall be as generally provided in section 34.
a. The following retail sales and service establishments:
1. Antique, gift, jewelry, notion and craft shops.
2. Clothing, apparel and shoe shops.
3. Department store.
4. Drug store, pharmacy.
5. Florist.
6. Food and grocery stores including such specialty shops as bakery, candy, milk
dispensary and wine and cheese shops.
7. Furniture and home appliances (sales and service).
8. Hardware store.
9. Musical instruments.
10. Newsstands, magazines, pipe and tobacco shops.
11. Optical goods.
12. Photographic goods.
13. Visual and audio appliances.
14. Sporting goods.
15. Retail nurseries and greenhouses.
16. Farmers’ markets (reference 5.1.47). (Added 5-5-10)
17. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor
area of the establishment may exceed 4,000 square feet per site by special exception
approved by the board of supervisors.
18. Manufacturing/Processing/Assembly/Fabrication and Recycling; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor
area of the establishment may exceed 4,000 square feet per site by special exception
approved by the board of supervisors.
b. The following services and public establishments:
1. Administrative, professional offices.
2. Barber, beauty shops.
3. Churches, cemeteries.
4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
5. Financial institutions.
6. Fire and rescue squad stations (reference 5.1.09).
7. Funeral homes.
8. Health spas.
9. Indoor theaters.
10. Laundries, dry cleaners.
11. Laundromat (provided that an attendant shall be on duty at all hours during operation).
12. Libraries, museums.
13. Nurseries, day care centers (reference 5.1.06).
14. Eating establishments.
15. Tailor, seamstress.
16. Automobile service stations (reference 5.1.20).
17. Electric, gas, oil and communication facilities excluding tower structures and including
poles, lines, transformers, pipes, meters and related facilities for distribution of local
service and owned and operated by a public utility. Water distribution and sewerage
collection lines, pumping stations and appurtenances owned and operated by the
Albemarle County Service Authority Water, sewer, energy and communications
distribution facilities. (Amended 5-2-93)
18. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 1.2.5); public water and sewer transmission, main or trunk
lines treatment facilities, pumping stations and the like, owned and/or operated by the
Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-9)
19. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.18).
20. Dwellings (reference 5.1.21).
21. Medical center.
22. Automobile, truck repair shop excluding body shop. (Added 6-3-81; Amended 9-9-92)
23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
24. Indoor athletic facilities. (Added 9-15-93)
25. (Repealed 5-5-10)
26. Stormwater management facilities shown on an approved final site plan or subdivision
plat.
(Added 10-9-02)
27. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10 -13-04)
(§ 20-22.2.1, 12-10-80; 6-3-81; 3-5-86; 9-9-92; 5-2-93; 9-14-93; 10-11-95; Ord. 02-18(6), 10-9-02; Ord.
04-18(2), 10-13-04; Ord. 10-18(4), 5-5-10)
Sec. 22.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board of supervisors
pursuant to section 31.2.4:
1. Commercial recreation establishments including but not limited to amusement centers,
bowling alleys, pool halls and dance halls. (Amended 1-1-83)
2. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro -
wave and radio-wave transmission and relay towers, substations and appurtenances Energy
and communications transmission facilities.
3. Hospitals.
4. Fast food restaurant.
5. Veterinary office and hospital (reference 5.1.11).
6. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential - R-15, in compliance with regulations set forth therein, and such conditions as
may be imposed pursuant to section 31.2.4.
7. Hotels, motels and inns.
8. Motor vehicle sales and rental in communities and the urban area as designated in the
comprehensive plan. (Added 6-1-83)
9. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84;
Amended 2-5-03)
10. Drive-inthrough windows serving or associated with permitted uses. (Added 11-7-84;
Amended 9-9-92)
11. Uses permitted by right, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
6-14-89)
12. Body shop. (Added 9-9-92)
13. Animal shelter (reference 5.1.11). (Added 6-16-99).
14. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
15. Storage/Warehousing/Distribution/Transportation.
(§ 20-22.2.2, 12-10-80; 1-1-83; 6-1-83; 11-7-84; 6-14-89; Ord. 03-18(1), 2-5-03; Ord. 04-18(2), 10-13-04)
Sec. 23.2.1 By right
The following uses shall be permitted in the CO district, subject to the applicable requirements of this
chapter:
1. Administrative and business offices.
2. Professional offices, including medical, dental and optical.
3. Financial institutions.
4. Churches, cemeteries.
5. Libraries, museums.
6. Accessory uses and structures incidental to the principal uses provided herein. The
aggregate of all accessory uses shall not occupy more that twenty (20) percent of the floor
area of the buildings on the site. The following accessory uses shall be permitted:
-Eating establishments;
-Newsstands;
-Establishments for the sale of office supplies and service of office equipment;
-Data processing services;
-Central reproduction and mailing services and the like;
-Ethical pharmacies, laboratories and estabishments for the production, fitting and/or sale of
optical or prosthetic appliances on sites containing medical, dental or optical offices;
-(Repealed 3-17-82)
-Sale/service of goods associated with the principal use such as, but not limited to: musical
instruments, musical scores, text books, artist's supplies and dancing shoes and apparel;
(Added 12-3-86)
-Barber shops; (Added 8-5-09)
-Beauty shops. (Added 8-5-09)
7. Electric, gas, oil and communication facilities, excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all oth er
applicable law Water, sewer, energy and communications distribution facilities. (Amended 5-
12-93)
8. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
9. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.18).
10. Dwellings (reference 5.1.21). (Added 3-17-82)
11. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
12. Day care, child care or nursery facility (reference 5.1.6). (Added 9-9-92)
13. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-01)
14. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
15. Farmers’ markets (reference 5.1.47). (Added 5-5-10)
16. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area
of the establishment may exceed 4,000 square feet per site by special exception approved by
the board of supervisors.
(§ 20-23.2.1, 12-10-80; 3-17-82; 3-5-86; 12-3-86; 11-1-89; 9-9-92; 5-12-93; Ord. 01-18(6), 10-9-01 ; Ord.
04-18(2), 10-13-04; Ord. 09-18(6), 8-5-09; Ord. 10-18(4), 5-5-10)
Sec. 23.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board of supervisors
pursuant to section 31.2.4:
1. Hospitals.
2. Funeral homes.
3. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro -
wave and radio-wave transmission and relay towers, substations and appurtenances Energy
and communications transmission facilities.
4. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84;
Amended 2-5-03)
5. Commercial uses otherwise permitted having dDrive-inthrough windows (Added 11-7-84)
6. School of special instruction. (Added 1-1-87)
7. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). (Added 1-1-87)
8. Uses permitted by right, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
6-14-89)
9. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential R-15. in compliance with regulations set forth therein and such conditions as may
be imposed pursuant to section 31.2.4. (Added 6-19-91)
10. Hotels, motels and inns (reference 9.0). (Added 6-19-91)
11. Supporting commercial uses (reference 9.0). (Added 6-19-91)
12. Research and development activities including experimental testing. (Added 6-19-91)
13. Laboratories, medical or pharmaceutical. (Added 6-10-92)
14. Indoor athletic facilities. (Added 9-15-93)
15. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
16. Storage/Warehousing/Distribution/Transportation.
17. Manufacturing/Processing/Assembly/Fabrication and Recycling.
(§ 20-23.2.2, 12-10-80; 11-7-84; 1-1-87; 6-14-89; 6-19-91; 6-10-92; 9-15-93; Ord. 03-18(1), 2-5-03; Ord.
04-18(2), 10-13-04)
Sec. 24.2.1 By right
The following uses shall be permitted in any HC district, subject to the applicable requirements of this
chapter. The zoning administrator, after consultation with the director of planning and other appropriate
officials, may permit, as a use by right, a use not specifically permitted; provided that such use shall be
similar to uses permitted by right in general character, and more specifically, similar in terms of locational
requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning
administrator's decision shall be as generally provided in section 34.
1. Automobile laundries.
2. Automobile, truck repair shops.
3. Automobile service stations (reference 5.1.20).
4. Building materials sales.
5. Churches, cemeteries.
6. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
7. Convenience stores.
8. Educational, technical and trade schools.
9. Factory outlet sales - clothing and fabric.
10. Feed and seed stores (reference 5.1.22).
11. Financial institutions.
12. Fire extinguisher and security products, sales and service.
13. Fire and rescue squad stations (reference 5.1.09).
14. Funeral homes.
15. Furniture stores.
16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary
and wine and cheese shops.
17. Home and business services such as grounds care, cleaning, exterminators, landscaping and
other repair and maintenance services.
18. Hardware.
19. (Repealed 6-3-81)
20. Hotels, motels and inns.
21. Light warehousing.
22. Machinery and equipment sales, service and rental.
23. Mobile home and trailer sales and service.
24. Modular building sales.
25. Motor vehicle sales, service and rental.
26. New automotive parts sales.
27. Newspaper publishing.
28. Administrative, business and professional offices.
29. Office and business machines sales and service.
30. Eating establishment; fast food restaurants.
31. Retail nurseries and greenhouses.
32. Sale of major recreational equipment and vehicles.
33. Wayside stands - vegetables and agricultural produce (reference 5.1.19).
34. Wholesale distribution.
35. Electric, gas, oil and communication facilities excluding tower structures an d including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other
applicable law Water, sewer, energy and communications distribution facilities. (Amended 5-
12-93)
36. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
37. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.18).
38. Indoor theaters.
39. Heating oil sales and distribution (reference 5.1.20).
40. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial, C-1.
(Added 6-19-91; Amended 9-9-92)
42. Indoor athletic facilities. (Added 9-15-93)
43. Farmers' market (reference 5.1.47). (Added 10-11-95; Amended 5-5-10)
44. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
45. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10 -13-04)
46. Storage yards. (Added 11-12-08)
47. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area
of the establishment may exceed 4,000 square feet per site by special exception approved
by the board of supervisors.
48. Manufacturing/Processing/Assembly/Fabrication and Recycling; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area
of the establishment may exceed 4,000 square feet per site by special exception approved
by the board of supervisors.
49. Storage/Warehousing/Distribution/Transportation; gross floor area of the establishment does
not exceed 4,000 square feet per site; provided that the gross floor area of the
establishment may exceed 4,000 square feet per site by special exception approved by the
board of supervisors.
(§ 20-24.2.1, 12-10-80; 6-3-81; 3-5-86; 11-1-89; 6-19-91; 9-9-92; 5-12-93; 9-15-93; 10-11-95; § 18-24.2.1,
Ord. 98-A(1), 8-5-98; Ord.02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord. 10-
18(4), 5-5-10)
Sec. 24.2.2 By special use permit
The following uses shall be permitted by special use permit in the HC district:
1. Commercial recreation establishment including but not limited to amusement centers, bowling
alleys, pool halls and dance halls. (Amended 1-1-83)
2. Septic tank sales and related service.
3. Livestock sales.
4. Veterinary office and hospital (reference 5.1.11).
5. Drive-in theaters (reference 5.1.08).
6. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers, micro -
wave and radio-wave transmission and relay towers, substations and appurtenances Energy
and communications transmission facilities (reference 5.1.12).
7. Hospitals, nursing homes, convalescent homes (reference 5.1.13).
8. Auction houses.
9. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential - R-15, in compliance with regulations set forth therein, and such conditions as
may be imposed pursuant to section 31.2.4.
10. Commercial kennels - indoor only (reference 5.1.11). (Added 1- 1-83)
11. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84;
Amended 2-5-03)
12. Drive-inthrough windows serving or associated with permitted uses. (Added 11-7-84;
Amended 9-9-92)
13. Uses permitted by right, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
6-14-89)
14. Warehouse facilities not permitted under section 24.2.1 (reference 9.0). (Added 6-19-91)
15. Animal shelter (reference 5.1.11). (Added 6-16-99)
16. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
17. Body shops. (Added 1-12-11)
(§ 20-24.2.2, 12-10-80; 1-1-83; 11-7-84; 6-14-89; 6-19-91; 9-9-92; § 18-24.2.2, Ord. 98-A(1), 8-5-98; Ord.
99-18(4), 6-16-99; Ord. 03-18(1), 2-5-03; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord. 11-
18(2), 1-12-11)
Sec. 25.2.1 By right
The following uses shall be permitted by right in the PD-SC district:
1. Uses permitted by right in the C-1, CO and HC districts, except for storage yards. Outdoor
storage, sales or display shall be permitted only when enclosed by appropriate visual
screening. (Amended 11-12-08)
2. Electric, gas, oil and communication facilities excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority Water, sewer, energy and communications distribution facilities. (Amended 5-12-
93)
3. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
4. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.18).
§ 20-25.2.1, 12-10-80; 11-1-89; 5-12-93; § 18-25.2.1, Ord. 98-A(1), 8-5-98; § 18-25.2.1, Ord. 98-A(1), 8-
5-98; Ord. 08-18(6), 11-12-08)
Sec. 25.2.2 By special use permit
The following uses shall be permitted by special use permit in the PD -SC district:
1. Commercial recreational establishment included but not limited to amusement centers,
bowling alleys, pool halls and dance halls. (Amended 1-1-83)
2. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-
wave and radio-wave transmission and relay towers, substations and appurtenances Energy
and communications transmission facilities (reference 5.1.12).
3. Parking structures located wholly or partly above grade. (Added 11-7-84)
4. Drive-inthrough windows serving or associated with permitted uses. (Added 11-7-84;
Amended 9-9-92)
5. Veterinary office and hospital (reference 5.1.11). (Added 11- 15-89)
6. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
7. Storage yards. (Added 11-12-08)
(§ 20-25.2.2, 12-10-80; 1-1-83; 11-7-84; 11-15-89; 9-9-92; § 18-25.2.2, Ord. 98-A(1), 8-5-98; Ord. 04-
18(2), 10-13-04; Ord. 08-18(6), 11-12-08)
Sec. 25A.2.1 By right
The following uses shall be permitted by right in the PD-MC district:
1. Uses permitted by right in the C-1, CO and HC districts, except for storage yards. Outdoor
storage, sales or display shall be permitted only when enclosed by appropriate visual
screening. (Amended 11-12-08)
2. Electric, gas, oil and communication facilities excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority Water, sewer, energy and communications distribution facilities. (Amended 5-12-
93)
3. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
4. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.18).
(§ 20-25A.2.1, 12-10-80; 11-1-89; 5-12-93; § 18-25A.2.1, Ord. 98-A(1), 8-5-98; Ord. 08-18(6), 11-12-08)
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as
recorded below, at a regular meeting held on _________________________.
__________________________________
Clerk, Board of County Supervisors
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as
recorded below, at a regular meeting held on _________________________.
__________________________________
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd ____ ____
Mr. Dumler ____ ____
Ms. Mallek ____ ____
Mr. Rooker ____ ____
Mr. Snow ____ ____
Mr. Thomas ____ ____
Return to exec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZTA2012-013 Industrial Uses in Commercial Districts and
Minor Miscellaneous Revisions
SUBJECT/PROPOSAL/REQUEST:
To allow for Industrial Uses in the Commercial
District as well as other housekeeping and technical
changes.
STAFF CONTACT(S):
Cilimberg, McCulley, Kamptner, Baldwin, Stimart,
Newberry
LEGAL REVIEW: NO
AGENDA DATE:
December 11, 2012
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
BACKGROUND
On October 23, 2012, the Planning Commission held a public hearing on ZTA2010-004 to update and amend the Light
and Heavy Industrial Uses. During approval of this ZTA, Staff noted that an additional ZTA will be brought forward at a
future Commission meeting to provide limited industrial uses within the commercial districts by-right. Those Commercial
Districts include the following: Commercial-1, Commercial Office, Highway Commercial, Planned Development Shopping
Center, Planned Development Mixed Commercial and commercial areas within Planned Unit Development.
This ZTA provides opportunities for the three new broad Industrial Use categories within the Commercial Districts. This
amendment also updates several use classifications that are no longer consistent with other sections of the Ordinance,
which were amended within the industrial districts with ZTA2010-004. Changes to further clarify and update the drive-
through window and medical center uses are also included. The original resolution of intent dated October 23, 2012 is
expected to be expanded and adopted on December 4, 2012.
DISCUSSION
As proposed with this ZTA, the broad industrial categories of Laboratories/Research and Development/Experimental
Testing, Manufacturing/Processing/Assembly/Fabrication and Recycling and Storage/Warehousing/Distribution may be
allowed by-right up to 4000 square feet depending on the commercial district. Establishments exceeding 4000 square feet
will be considered by special exception (see Attachment B).
There are several use classifications that are proposed to be updated within the industrial districts, such as Water, sewer,
energy and communication distribution facilities and group homes. This ZTA will update such use classifications within
the Commercial District. An additional ZTA is forthcoming that will update all use classifications in remaining districts.
A secondary purpose of this ZTA is to address the problematic use categories of Medical center and Drive-in window
because there are pending applications relying on this change. The Medical Center use category will be eliminated
because it is an outdated term and will fit under Medical office or Hospital. The Drive-in window use category will be
updated to Drive–through and further clarify that service from the car in a parking space is not a Drive-through window
use, which would otherwise require a special permit.
STRATEGIC PLAN
To encourage a diverse and vibrant local economy by implementing the County’s Economic Development Policy and
Economic Vitality Action Plan.
BUDGET IMPACTS
It is not anticipated that there will be any impact to the budget.
ATTACHMENTS
A. Resolution of Intent
B. Summary Table: Current vs. Proposed Ordinance in Commercial Districts
C. Ordinance Amendments
Return to exec summary
RESOLUTION OF INTENT
WHEREAS, one of the short-term priorities of the County’s Economic Development Policy is
to initiate zoning text amendments that further enable business and industrial uses in appropriate
zoning districts; and
WHEREAS, in implementing the County’s Economic Development Policy and the Economic
Vitality Action Plan, the Board has already adopted two zoning text amendments pertaining to
industrial uses (ZTA-2010-001 and ZTA-2010-002) and will soon be considering a third (ZTA-2012-
004); and
WHEREAS, it is now desired to consider amending the regulations in the Zoning Ordinance
pertaining to industrial uses in order to reflect current industrial technologies and their reduced
impacts, and to allow certain industrial uses to be allowed by right or by special use permit within the
commercial zoning districts, subject to suitable conditions, while at the same time preserving those
districts’ integrity; and
WHEREAS, in order to facilitate the administration of the Zoning Ordinance, it also is desired
to consider amending, adding and repealing certain definitions and amending and updating certain use
classifications in the commercial zoning districts so that they are consistent with the use as defined or
otherwise identified either in the Zoning Ordinance or in State law.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity,
convenience, general welfare and good zoning practices, the Albemarle County Planning Commission
hereby adopts a resolution of intent to amend the Zoning Ordinance, including sections 3.1, 20, 20A,
20B, 22, 23, 24, 25, 25A, and any other sections deemed appropriate, as described herein; and
BE IT FURTHER RESOLVED THAT this resolution of intent supersedes the resolution of
intent adopted by the Planning Commission on October 23, 2012; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing
on this resolution of intent, and return its recommendations to the Board of Supervisors at the earliest
possible date.
* * * * *
Return to exec summary
Proposed Summary Table:
Current vs. Proposed Ordinance in Commercial Districts
Current Proposed
By-Right Special Exception Special Use By-Right Special Exception Special Use
Industrial Uses in Commercial Districts*
Highway Commercial
Lab/Research &Dev/Experiment Testing Most Not Permitted X (≤4000 sq. ft.)X (above 4000 sq. ft.)
Man/Processing/Assembly/Fab & Recycling Most Not Permitted X (≤4000 sq. ft.)X (above 4000 sq. ft.)
Storage/Warehousing/Distribution/Transport Most Not Permitted X (≤4000 sq. ft.)X (above 4000 sq. ft.)
C-1
Lab/Research &Dev/Experiment Testing Most Not Permitted X (≤4000 sq. ft.)X (above 4000 sq. ft.)
Man/Processing/Assembly/Fab & Recycling Most Not Permitted X (≤4000 sq. ft.)X (above 4000 sq. ft.)
Storage/Warehousing/Distribution/Transport Most Not Permitted X
Commercial Office
Lab/Research &Dev/Experiment Testing Most Not Permitted X (≤4000 sq. ft.)X (above 4000 sq. ft.)
Man/Processing/Assembly/Fab & Recycling Most Not Permitted X
Storage/Warehousing/Distribution/Transport Most Not Permitted X
Draft: 11/29/12
1
ORDINANCE NO. 13-18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, AND
ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning,
Article I, General Provisions, and Article III, District Regulations, are hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 20.3.1 By right
Sec. 20.3.2 By special use permit
Sec. 20A.6 Permitted uses
Sec. 20B.2 Permitted uses
Sec. 22.2.1 By right
Sec. 22.2.2 By special use permit
Sec. 23.2.1 By right
Sec. 23.2.2 By special use permit
Sec. 24.2.1 By right
Sec. 24.2.2 By special use permit
Sec. 25.2.1 By right
Sec. 25.2.2 By special use permit
Sec. 25A.2.1 By right
Sec. 25A.2.2 By special use permit
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
. . .
Drive-in window Drive-through Window: An accessory facility designed to provide access to commercial
products and/or services for customers remaining in their automobiles motor vehicle, provided that this term does
not include providing services to customers remaining in their motor vehicle while it is parked in a parking space.
(Added 11-7-84)
. . .
Establishment: A public or private institution or a place of business.
. . .
Medical center: Establishment wherein medical care is provided on an outpatient basis as distinguished from a
hospital or a professional office.
Draft: 11/29/12
2
Article III. District Regulations
Sec. 20.3.1 By right
The following uses shall be permitted subject to the requirements and limitations of this ordinance chapter:
1. Detached single-family dwellings.
2. Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes,
townhouses, atrium houses and patio houses provided that density is maintained, and provided further
that buildings are located so that each unit could be provided with a lot meeting all other requirements
for detached single-family dwellings except for side yards at the common wall.
3. Multiple-family dwellings.
4. (Repealed 9-2-81)
5. Parks, playgrounds, community centers and noncommercial recreational and cultural facilities such as
tennis courts, swimming pools, game rooms, libraries and the like.
6. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central sewerage systems in conformance with Chapter
16 of the Code of Albemarle and all other applicable law. Water, sewer, energy and communications
distribution facilities. (Amended 5-12-93)
7. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
8. Temporary construction uses headquarters and temporary construction storage yards (reference
5.1.18).
9. Accessory uses and structures including home occupation, Class A (reference 5.2) and storage
buildings.
10. Homes for developmentally disabled persons Group homes (reference 5.1.07).
11. Stormwater management facilities shown on an approved final site plan or subdivision plat.(Added
10-9-02)
12. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
(§ 20-20.3.1, 12-10-80; 9-2-81; 11-1-89; 5-12-93; Ord 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04)
Draft: 11/29/12
3
Sec. 20.3.2 By special use permit
The following uses shall be permitted by special use permit in the PUD district, subject to the applicable
requirements of this chapter and provided that no separate application shall be required for any such use included
in the original PUD rezoning petition: (Amended 5-5-10)
1. Day care, child care or nursery facility (reference 5.1.06).
2. Fire, ambulance and rescue squad stations (reference 5.1.09).
3. Rest home, nursing home, convalescent home, orphanage or similar institution (reference 5.1.13).
4. Electrical power substations, transmission lines and related towers; gas or oil transmission lines,
pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio-
wave transmission and relay towers, substations and appurtenances Energy and communications
transmission facilities (reference 5.1.12).
5. Home occupation, Class B (reference 5.2).
6. Churches. (Added 9-2-81)
7. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84; Amended 2-5-
03)
8. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
9. Farmers’ markets (Added 5-5-10)
(§ 20-20.3.2, 12-10-80; 9-2-81; 11-7-84; Ord. 03-18(1), 2-5-03; Ord. 04-18(2), 10-13-04; Ord. 10-18(4), 5-5-10)
Sec. 20A.6 Permitted uses
The following uses shall be permitted in an NMD, subject to the regulations in this section and section 8, the
approved application plan and code of development, and the accepted proffers:
a. By right uses. The following uses are permitted by right if the use is expressly identified as a by right use
in the code of development or if the use is permitted in a determination by the zoning administrator
pursuant to subsection 8.5.5.2(c)(1):
1. Each use allowed by right or by special use permit in any other zoning district, except for those
uses allowed only by special use permit delineated in subsections 20A.6(b)(2) and (b)(3);
provided that the use is identified in the approved code of development.
2. Electric, gas, oil and communication facilities, excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and owned
and operated by a public utility. Water distribution and sewerage collection lines, pumping
stations and appurtenances owned and operated by the Albemarle County Service Authority.
Except as otherwise expressly provided, central water supplies and central sewerage systems in
conformity with Chapter 16 of the Code of Albemarle and all other applicable law Water, sewer,
energy and communications distribution facilities.
Draft: 11/29/12
4
3. Accessory uses and buildings including storage buildings.
4. Home occupation, Class A, where the district includes residential uses.
5. Temporary construction uses headquarters and temporary construction storage yards (reference
5.1.18).
6. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies, public water
and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like,
owned and/or operated by the Rivanna Water and Sewer Authority (reference 5.1.12).
7. Tourist lodgings, where the district includes residential uses.
8. Homes for developmentally disabled persons Group homes, where the district includes residential
uses.
9. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
10. Farmers’ markets (reference 5.1.47). (Added 5-5-10)
b. By special use permit. The following uses are permitted by special use permit if the use is expressly
identified as use permitted by special use permit in the code of development:
1. Each use allowed by right or by special use permit in any other zoning district.
2. Drive-through windows serving or associated with permitted uses.
3. Outdoor storage, display and/or sales serving or associated with a by right permitted use, if any
portion of the use would be visible from a travelway.
(Ord. 03-18(2), 3-19-03; Ord 04-18(2), 10-13-04; Ord. 09-18(9), 10-14-09; Ord. 10-18(4), 5-5-10)
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 limited to, amusement centers, bowling
alleys, pool halls and dance halls.
6. Convalescent homes (reference 5.1.13).
Draft: 11/29/12
5
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.
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. Laboratories, medical or pharmaceutical.
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.
Draft: 11/29/12
6
32. Photographic goods sales and service.
33. Research and development activities, including experimental testing, subject to the performance
standards stated in section 4.14 of this chapter.
34. Restaurants.
35. Retail nurseries and greenhouses.
36. Service stations.
37. Sporting goods sales.
38. Tailors and seamstresses.
39. Temporary construction uses headquarters and temporary construction storage yards (reference
5.1.118).
40. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
41. Tourist lodging.
42. Visual and audio appliances.
B. By right uses; office. The following office uses are permitted by right:
1. Medical centers.
21. Offices.
32. Temporary construction uses headquarters and temporary construction storage yards (reference
5.1.11 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, civic, fraternal, patriotic (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. Electric, gas, oil and communication facilities, excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and owned
and operated by a public utility. Water distribution and sewerage collection lines, pumping
stations and appurtenances owned and operated by the Albemarle County Service Authority.
Except as otherwise expressly provided, central water supplies and central sewerage systems in
Draft: 11/29/12
7
conformance with Chapter 16 of the Code of Albemarle and all other applicable law 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 and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority
(reference 31.2.5, 5.1.12).
13. Temporary construction uses headquarters and temporary construction storage yards (reference
5.1.11 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).
E. By special use permit. The following uses are permitted by special use permit:
1. Body shops (reference 5.1.31).
2. Buildings more than fifty (50) feet or four stories in height, up to seventy (70) feet or six (6)
stories in height, provided the increased height allows the provision of a demonstrated public
benefit, such as providing affordable housing or parking.
Draft: 11/29/12
8
3. Buildings one story in height.
4. Car washes.
5. Compounding of drugs, including biological products, medical and chemical as well as
pharmaceutical.
6. Detached single-family dwelling, provided that there is no other use permitted by subsections
20B.2(A), (B), (C) or (E) on the same lot.
7. Drive-inthrough windows.
8. Electrical power substations, transmission lines and related towers; gas or oil transmission lines,
pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and
radio-wave transmission and relay towers, substations and appurtenances Energy and
communications transmission facilities (reference 5.1.12).
9. Hospitals.
10. Manufacturing, processing, fabricating, assembling, and distributing products including, but not
limited to:
-Artists’ supplies and equipment.
-Business, office machines and equipment.
-Cosmetics, including perfumes, perfumed toiletries and perfumed toilet soap.
-Drafting supplies and equipment.
-Electrical lighting and wiring equipment.
-Electrical and electronic equipment and components including radio, telephone, computer,
communication equipment, TV receiving sets, phonographs.
-Food products, such as bakery goods, dairy products, candy, beverages, including bottling plants.
-Gifts, novelties including pottery, figurines and similar ceramic products.
-Glass products made of purchased glass.
-Industrial controls.
-Jewelry, silverware.
-Light machinery and machine parts, including electrical household appliances but not
including such things as clothes washers, dryers and refrigerators.
-Musical instruments.
Draft: 11/29/12
9
-Paper products such as die-cut paperboard and cardboard, sanitary paper products, bags and
containers.
-Photographic equipment and supplies including processing and developing plant.
-Rubber, metal stamps.
-Small electrical parts such as coils, condensers, transformers, crystal holders.
-Surgical, medical and dental instruments and supplies.
-Toys, sporting and athletic equipment, except firearms, ammunition or fireworks.
-Watches, clocks and similar timing devices.
-Wood cabinets and furniture, upholstery.
11. Publishing, printing, lithography and engraving, including but not limited to newspapers,
periodicals and books.
12. Preparation of printing plates including typesetting, etching and engraving.
13. Stand-alone parking (reference 4.12).
14. Storage yards.
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.
F. 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; (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.
(Ord. 08-18(3), 6-11-08; Ord. 10-18(4), 5-5-10)
Sec. 22.2.1 By right
The following uses shall be permitted in any C-1 district, subject to the applicable requirements of this chapter.
The zoning administrator, after consultation with the director of planning and other appropriate officials, may
permit as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted
by right in general character and more specifically, similar in terms of locational requirements, operational
characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as
generally provided in section 34.
a. The following retail sales and service establishments:
1. Antique, gift, jewelry, notion and craft shops.
Draft: 11/29/12
10
2. Clothing, apparel and shoe shops.
3. Department store.
4. Drug store, pharmacy.
5. Florist.
6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and
wine and cheese shops.
7. Furniture and home appliances (sales and service).
8. Hardware store.
9. Musical instruments.
10. Newsstands, magazines, pipe and tobacco shops.
11. Optical goods.
12. Photographic goods.
13. Visual and audio appliances.
14. Sporting goods.
15. Retail nurseries and greenhouses.
16. Farmers’ markets (reference 5.1.47). (Added 5-5-10)
17. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of the
establishment may exceed 4,000 square feet per site by special exception approved by the board
of supervisors.
18. Manufacturing/Processing/Assembly/Fabrication and Recycling; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of the
establishment may exceed 4,000 square feet per site by special exception approved by the board
of supervisors.
b. The following services and public establishments:
1. Administrative, professional offices.
2. Barber, beauty shops.
3. Churches, cemeteries.
4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
Draft: 11/29/12
11
5. Financial institutions.
6. Fire and rescue squad stations (reference 5.1.09).
7. Funeral homes.
8. Health spas.
9. Indoor theaters.
10. Laundries, dry cleaners.
11. Laundromat (provided that an attendant shall be on duty at all hours during operation).
12. Libraries, museums.
13. Nurseries, day care centers (reference 5.1.06).
14. Eating establishments.
15. Tailor, seamstress.
16. Automobile service stations (reference 5.1.20).
17. Electric, gas, oil and communication facilities excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and owned
and operated by a public utility. Water distribution and sewerage collection lines, pumping
stations and appurtenances owned and operated by the Albemarle County Service Authority
Water, sewer, energy and communications distribution facilities. (Amended 5-2-93)
18. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
1.2.5); public water and sewer transmission, main or trunk lines treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority
(reference 31.2.5; 5.1.12). (Amended 11-1-9)
19. Temporary construction uses headquarters and temporary construction storage yards (reference
5.1.18).
20. Dwellings (reference 5.1.21).
21. Medical center.
22. Automobile, truck repair shop excluding body shop. (Added 6-3-81; Amended 9-9-92)
23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
24. Indoor athletic facilities. (Added 9-15-93)
25. (Repealed 5-5-10)
Draft: 11/29/12
12
26. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
27. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
(§ 20-22.2.1, 12-10-80; 6-3-81; 3-5-86; 9-9-92; 5-2-93; 9-14-93; 10-11-95; Ord. 02-18(6), 10-9-02; Ord. 04-
18(2), 10-13-04; Ord. 10-18(4), 5-5-10)
Sec. 22.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to
section 31.2.4:
1. Commercial recreation establishments including but not limited to amusement centers, bowling
alleys, pool halls and dance halls. (Amended 1-1-83)
2. Electrical power substations, transmission lines and related towers; gas or oil transmission lines,
pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio-
wave transmission and relay towers, substations and appurtenances Energy and communications
transmission facilities.
3. Hospitals.
4. Fast food restaurant.
5. Veterinary office and hospital (reference 5.1.11).
6. Unless such uses are otherwise provided in this section, uses permitted in section 18.0, residential - R-
15, in compliance with regulations set forth therein, and such conditions as may be imposed pursuant
to section 31.2.4.
7. Hotels, motels and inns.
8. Motor vehicle sales and rental in communities and the urban area as designated in the comprehensive
plan. (Added 6-1-83)
9. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84; Amended 2-5-
03)
10. Drive-inthrough windows serving or associated with permitted uses. (Added 11-7-84; Amended 9-9-
92)
11. Uses permitted by right, not served by public water, involving water consumption exceeding four
hundred (400) gallons per site acre per day. Uses permitted by right, not served by public sewer,
involving anticipated discharge of sewage other than domestic wastes. (Added 6-14-89)
12. Body shop. (Added 9-9-92)
13. Animal shelter (reference 5.1.11). (Added 6-16-99).
14. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
Draft: 11/29/12
13
15. Storage/Warehousing/Distribution/Transportation.
(§ 20-22.2.2, 12-10-80; 1-1-83; 6-1-83; 11-7-84; 6-14-89; Ord. 03-18(1), 2-5-03; Ord. 04-18(2), 10-13-04)
Sec. 23.2.1 By right
The following uses shall be permitted in the CO district, subject to the applicable requirement s of this chapter:
1. Administrative and business offices.
2. Professional offices, including medical, dental and optical.
3. Financial institutions.
4. Churches, cemeteries.
5. Libraries, museums.
6. Accessory uses and structures incidental to the principal uses provided herein. The aggregate of all
accessory uses shall not occupy more that twenty (20) percent of the floor area of the buildings on the
site. The following accessory uses shall be permitted:
-Eating establishments;
-Newsstands;
-Establishments for the sale of office supplies and service of office equipment;
-Data processing services;
-Central reproduction and mailing services and the like;
-Ethical pharmacies, laboratories and estabishments for the production, fitting and/or sale of optical or
prosthetic appliances on sites containing medical, dental or optical offices;
-(Repealed 3-17-82)
-Sale/service of goods associated with the principal use such as, but not limited to: musical
instruments, musical scores, text books, artist's supplies and dancing shoes and apparel;
(Added 12-3-86)
-Barber shops; (Added 8-5-09)
-Beauty shops. (Added 8-5-09)
7. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central sewerage systems in conformance with Chapter
Draft: 11/29/12
14
16 of the Code of Albemarle and all other applicable law Water, sewer, energy and communications
distribution facilities. (Amended 5-12-93)
8. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
9. Temporary construction uses headquarters and temporary construction storage yards (reference
5.1.18).
10. Dwellings (reference 5.1.21). (Added 3-17-82)
11. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
12. Day care, child care or nursery facility (reference 5.1.6). (Added 9-9-92)
13. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-01)
14. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
15. Farmers’ markets (reference 5.1.47). (Added 5-5-10)
16. Laboratories/Research and Development/Experimental Testing; gross floor area of the establishment
does not exceed 4,000 square feet per site; provided that the gross floor area of the establishment may
exceed 4,000 square feet per site by special exception approved by the board of supervisors.
(§ 20-23.2.1, 12-10-80; 3-17-82; 3-5-86; 12-3-86; 11-1-89; 9-9-92; 5-12-93; Ord. 01-18(6), 10-9-01 ; Ord. 04-
18(2), 10-13-04; Ord. 09-18(6), 8-5-09; Ord. 10-18(4), 5-5-10)
Sec. 23.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to
section 31.2.4:
1. Hospitals.
2. Funeral homes.
3. Electrical power substations, transmission lines and related towers; gas or oil transmission lines,
pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio-
wave transmission and relay towers, substations and appurtenances Energy and communications
transmission facilities.
4. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84; Amended 2-5-
03)
5. Commercial uses otherwise permitted having dDrive-inthrough windows (Added 11-7-84)
Draft: 11/29/12
15
6. School of special instruction. (Added 1-1-87)
7. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). (Added 1-1-87)
8. Uses permitted by right, not served by public water, involving water consumption exceeding four
hundred (400) gallons per site acre per day. Uses permitted by right, not served by public sewer,
involving anticipated discharge of sewage other than domestic wastes. (Added 6-14-89)
9. Unless such uses are otherwise provided in this section, uses permitted in section 18.0, residential R-
15. in compliance with regulations set forth therein and such conditions as may be imposed pursuant
to section 31.2.4. (Added 6-19-91)
10. Hotels, motels and inns (reference 9.0). (Added 6-19-91)
11. Supporting commercial uses (reference 9.0). (Added 6-19-91)
12. Research and development activities including experimental testing. (Added 6-19-91)
13. Laboratories, medical or pharmaceutical. (Added 6-10-92)
14. Indoor athletic facilities. (Added 9-15-93)
15. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
16. Storage/Warehousing/Distribution/Transportation.
17. Manufacturing/Processing/Assembly/Fabrication and Recycling.
(§ 20-23.2.2, 12-10-80; 11-7-84; 1-1-87; 6-14-89; 6-19-91; 6-10-92; 9-15-93; Ord. 03-18(1), 2-5-03; Ord. 04-
18(2), 10-13-04)
Sec. 24.2.1 By right
The following uses shall be permitted in any HC district, subject to the applicable requirements of this chapter.
The zoning administrator, after consultation with the director of planning and other appropriate officials, may
permit, as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted
by right in general character, and more specifically, similar in terms of locational requirements, operational
characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as
generally provided in section 34.
1. Automobile laundries.
2. Automobile, truck repair shops.
3. Automobile service stations (reference 5.1.20).
4. Building materials sales.
5. Churches, cemeteries.
6. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
Draft: 11/29/12
16
7. Convenience stores.
8. Educational, technical and trade schools.
9. Factory outlet sales - clothing and fabric.
10. Feed and seed stores (reference 5.1.22).
11. Financial institutions.
12. Fire extinguisher and security products, sales and service.
13. Fire and rescue squad stations (reference 5.1.09).
14. Funeral homes.
15. Furniture stores.
16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and wine
and cheese shops.
17. Home and business services such as grounds care, cleaning, exterminators, landscaping and other
repair and maintenance services.
18. Hardware.
19. (Repealed 6-3-81)
20. Hotels, motels and inns.
21. Light warehousing.
22. Machinery and equipment sales, service and rental.
23. Mobile home and trailer sales and service.
24. Modular building sales.
25. Motor vehicle sales, service and rental.
26. New automotive parts sales.
27. Newspaper publishing.
28. Administrative, business and professional offices.
29. Office and business machines sales and service.
30. Eating establishment; fast food restaurants.
Draft: 11/29/12
17
31. Retail nurseries and greenhouses.
32. Sale of major recreational equipment and vehicles.
33. Wayside stands - vegetables and agricultural produce (reference 5.1.19).
34. Wholesale distribution.
35. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central sewerage systems in conformance with Chapter
16 of the Code of Albemarle and all other applicable law Water, sewer, energy and communications
distribution facilities. (Amended 5-12-93)
36. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
37. Temporary construction uses headquarters and temporary construction storage yards (reference
5.1.18).
38. Indoor theaters.
39. Heating oil sales and distribution (reference 5.1.20).
40. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial, C-1. (Added 6-19-
91; Amended 9-9-92)
42. Indoor athletic facilities. (Added 9-15-93)
43. Farmers' market (reference 5.1.47). (Added 10-11-95; Amended 5-5-10)
44. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
45. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
46. Storage yards. (Added 11-12-08)
47. Laboratories/Research and Development/Experimental Testing; gross floor area of the establishment
does not exceed 4,000 square feet per site; provided that the gross floor area of the establishment
may exceed 4,000 square feet per site by special exception approved by the board of supervisors.
48. Manufacturing/Processing/Assembly/Fabrication and Recycling; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of the
Draft: 11/29/12
18
establishment may exceed 4,000 square feet per site by special exception approved by the board of
supervisors.
49. Storage/Warehousing/Distribution/Transportation; gross floor area of the establishment does not
exceed 4,000 square feet per site; provided that the gross floor area of the establishment may exceed
4,000 square feet per site by special exception approved by the board of supervisors.
(§ 20-24.2.1, 12-10-80; 6-3-81; 3-5-86; 11-1-89; 6-19-91; 9-9-92; 5-12-93; 9-15-93; 10-11-95; § 18-24.2.1, Ord.
98-A(1), 8-5-98; Ord.02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord. 10-18(4), 5-5-
10)
Sec. 24.2.2 By special use permit
The following uses shall be permitted by special use permit in the HC district:
1. Commercial recreation establishment including but not limited to amusement centers, bowling alleys,
pool halls and dance halls. (Amended 1-1-83)
2. Septic tank sales and related service.
3. Livestock sales.
4. Veterinary office and hospital (reference 5.1.11).
5. Drive-in theaters (reference 5.1.08).
6. Electrical power substations, transmission lines and related towers; gas or oil transmission lines,
pumping stations and appurtenances; unmanned telephone exchange centers, micro-wave and radio-
wave transmission and relay towers, substations and appurtenances Energy and communications
transmission facilities (reference 5.1.12).
7. Hospitals, nursing homes, convalescent homes (reference 5.1.13).
8. Auction houses.
9. Unless such uses are otherwise provided in this section, uses permitted in section 18.0, residential - R-
15, in compliance with regulations set forth therein, and such conditions as may be imposed pursuant
to section 31.2.4.
10. Commercial kennels - indoor only (reference 5.1.11). (Added 1- 1-83)
11. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84; Amended 2-5-
03)
12. Drive-inthrough windows serving or associated with permitted uses. (Added 11-7-84; Amended 9-9-
92)
13. Uses permitted by right, not served by public water, involving water consumption exceeding four
hundred (400) gallons per site acre per day. Uses permitted by right, not served by public sewer,
involving anticipated discharge of sewage other than domestic wastes. (Added 6-14-89)
Draft: 11/29/12
19
14. Warehouse facilities not permitted under section 24.2.1 (reference 9.0). (Added 6-19-91)
15. Animal shelter (reference 5.1.11). (Added 6-16-99)
16. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
17. Body shops. (Added 1-12-11)
(§ 20-24.2.2, 12-10-80; 1-1-83; 11-7-84; 6-14-89; 6-19-91; 9-9-92; § 18-24.2.2, Ord. 98-A(1), 8-5-98; Ord. 99-
18(4), 6-16-99; Ord. 03-18(1), 2-5-03; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord. 11-18(2), 1-12-11)
Sec. 25.2.1 By right
The following uses shall be permitted by right in the PD-SC district:
1. Uses permitted by right in the C-1, CO and HC districts, except for storage yards. Outdoor storage,
sales or display shall be permitted only when enclosed by appropriate visual screening. (Amended 11-
12-08)
2. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority Water, sewer, energy
and communications distribution facilities. (Amended 5-12-93)
3. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
4. Temporary construction uses headquarters and temporary construction storage yards (reference
5.1.18).
§ 20-25.2.1, 12-10-80; 11-1-89; 5-12-93; § 18-25.2.1, Ord. 98-A(1), 8-5-98; § 18-25.2.1, Ord. 98-A(1), 8-5-98;
Ord. 08-18(6), 11-12-08)
Sec. 25.2.2 By special use permit
The following uses shall be permitted by special use permit in the PD-SC district:
1. Commercial recreational establishment included but not limited to amusement centers, bowling
alleys, pool halls and dance halls. (Amended 1-1-83)
2. Electrical power substations, transmission lines and related towers; gas or oil transmission lines,
pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio-
wave transmission and relay towers, substations and appurtenances Energy and communications
transmission facilities (reference 5.1.12).
3. Parking structures located wholly or partly above grade. (Added 11-7-84)
Draft: 11/29/12
20
4. Drive-inthrough windows serving or associated with permitted uses. (Added 11-7-84; Amended 9-9-
92)
5. Veterinary office and hospital (reference 5.1.11). (Added 11- 15-89)
6. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
7. Storage yards. (Added 11-12-08)
(§ 20-25.2.2, 12-10-80; 1-1-83; 11-7-84; 11-15-89; 9-9-92; § 18-25.2.2, Ord. 98-A(1), 8-5-98; Ord. 04-18(2), 10-
13-04; Ord. 08-18(6), 11-12-08)
Sec. 25A.2.1 By right
The following uses shall be permitted by right in the PD-MC district:
1. Uses permitted by right in the C-1, CO and HC districts, except for storage yards. Outdoor storage,
sales or display shall be permitted only when enclosed by appropriate visual screening. (Amended
11-12-08)
2. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority Water, sewer, energy
and communications distribution facilities. (Amended 5-12-93)
3. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
4. Temporary construction uses headquarters and temporary construction storage yards (reference
5.1.18).
(§ 20-25A.2.1, 12-10-80; 11-1-89; 5-12-93; § 18-25A.2.1, Ord. 98-A(1), 8-5-98; Ord. 08-18(6), 11-12-08)
Return to exec summary
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 11, 2012
DRAFT PARTIAL MINUTES – ZTA-2012-00013 INDUSTRIAL USES IN THE COMMERCIAL DISTRICTS
1
Albemarle County Planning Commission
December 11, 2012
The Albemarle County Planning Commission held a public hearing on Tuesday, December 11, 2012, at
6:00 p.m., at the County Office Building, Auditorium, Second Floor, 401 McIntire Road, Charlottesville,
Virginia.
Members attending were Ed Smith, Bruce Dotson, Don Franco, Thomas Loach, Richard Randolph,
Russell (Mac) Lafferty, Vice Chairman, and Calvin Morris, Chairman. Julia Monteith, AICP, Senior Land
Use Planner for the University of Virginia was absent.
Other officials present were Sarah Baldwin, Senior Planner; Brent Nelson, Planner; Amelia McCulley,
Director of Zoning/Zoning Administrator; Ron Higgins, Chief of Zoning; Wayne Cilimberg, Director of
Planning; Sharon Taylor, Clerk to Planning Commission; and Greg Kamptner, Deputy County Attorney.
Call to Order and Establish Quorum:
Mr. Morris, Chair, called the regular meeting to order at 6:00 p.m. and established a quorum.
ZTA-2012-00013 Industrial Uses in the Commercial Districts
Amend Secs. 3.1, Definitions, 20.3.1, By right, 20.3.2, By special use permit, 20A.6, Permitted uses,
20B.2, Permitted uses, 22.2.1, By right, 22.2.2, By special use permit, 23.2.1, By right, 23.2.2, By special
use permit, 24.2.1, By right, 24.2.2, By special use permit, 25.2.1, By right, 25.2.2, By special use permit,
25A.2.1, By right, 25A.2.2, By special use permit; of Chapter 18, Zoning, of the Albemarle County Code.
This ordinance would amend the regulations by updating terminology for several use classificatio ns in all
of the above-referenced sections; deleting the “medical center” use classification in the Downtown Crozet
(20B.2) and Commercial (22.2.1) districts with the use to be absorbed into the “office” or “hospital”
classifications; adding Laboratories/Research and Development/Experimental Testing and
Manufacturing/Processing/Assembly/ Fabrication and Recycling as by right uses up to 4000 sq. ft. and
requiring a special exception to exceed 4000 sq. ft. (22.2.1) and adding
Storage/Warehousing/Distribution/Transportation as a special use (22.2.2) in the Commercial district;
adding Laboratories/Research and Development/Experimental Testing as a by right use up to 4000 sq. ft.
and requiring a special exception to exceed 4000 sq. ft. (23.2.1) and adding
Manufacturing/Processing/Assembly/ Fabrication and Recycling and Storage/Warehousing/Distribution/
Transportation as special uses (23.2.2) in the Commercial Office district; and adding
Laboratories/Research and Development/Experimental Testing, Manufacturing/Proc essing/Assembly/
Fabrication and Recycling and Storage/Warehousing/Distribution/Transportation as by right uses up to
4000 sq. ft. and requiring a special exception to exceed 4000 sq. ft. (24.2.1) in the Highway Commercial
district. These uses would also be allowed in those planned districts (20A.6, 25.2.1, 25A.2.1 and 25A.2.2)
that cross-reference uses allowed in the commercial districts. A copy of the full text of the ordinance is on
file in the office of the Clerk of the Board of Supervisors and in the D epartment of Community
Development, County Office Building, 401 McIntire Road, Charlottesville, Virginia. (Sarah Baldwin)
Sarah Baldwin presented a PowerPoint presentation and summarized the staff report.
The primary purpose of this ZTA is to provide lim ited industrial uses in the commercial districts. Staff is
also proposing minor technical changes, which will be discussed later. The Planning Commission
recently recommended approval of the broad industrial category of laboratories, research and
development and experimental testing, manufacturing, processing, assembling, fabrication, recycling,
storage, warehousing, distribution, and transportation. Staff is now proposing that these categories be
allowed by right in commercial districts up to 4,000 squa re feet and above 4,000 square feet by special
exceptions and in some circumstances by special permit. Storage and warehousing above 4,000 square
feet in C-1 and CO will be allowed by special use permit. Manufacturing in CO above 4,000 square feet
would also be by special use permit. The table depicts the current and proposed changes that staff is
suggesting.
There are also use classifications that were previously updated and changed in other sections of the
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 11, 2012
DRAFT PARTIAL MINUTES – ZTA-2012-00013 INDUSTRIAL USES IN THE COMMERCIAL DISTRICTS
2
ordinance. For consistency staff is suggesting that they get updated in the commercial districts as well.
Staff is also proposing to update and clarify the definition for drive in window to drive through window.
This would be to clarify that parking in a space is not considered a drive through w indow and does not
require a special use permit. They are also suggesting that medical center be deleted because it has
proven to be problematic. They have other definitions such as office or hospital that are clearer in what
that definition is.
Staff recommends approval of the resolution of intent and zoning text amendment. It was inadvertently
left out of the executive summary. So the wording is as shown in the presentation.
Mr. Morris invited questions for staff.
Mr. Lafferty asked if a bicycle could ride up to a drive through window and be serviced.
Ms. Baldwin replied that she did know that they have contemplated that. But, they certainly can.
Mr. Cilimberg pointed out that he had seen people walk up to a drive through window. Therefore, he was
sure that someone could drive up on a bicycle.
Mr. Lafferty suggested removing motor from the motor vehicles because the bicycle is considered a
vehicle.
Mr. Smith noted most drive through windows have signs saying no walk up traffic. So if you are riding a
bicycle you would be good to go. He suggested it say drive by window instead of drive through.
Mr. Morris opened the public hearing and invited public comment. There being none, the public hearing
was closed and the matter before the Planning Commission.
Mr. Cilimberg noted that Ms. Baldwin had one clarification for the record.
Ms. Baldwin pointed out that storage warehousing distribution in C-1 is actually by special use permit.
There is no by right square footage.
Mr. Cilimberg said under commercial office there are two other uses that would only be by special use
permit. It is based on their nature in those particular districts.
Mr. Kamptner pointed out the reason the definition of drive through window uses the term motor vehicle is
they are trying to standardize a lot of the terminology in the zoning ordinance. If you go through the
zoning ordinance over the years the word automobile, auto, car, vehicle, and motor vehicle all been used.
Motor vehicle is the term they have went with. The definition really just requires that it be designed for
motor vehicles. There is certainly nothing there that prohibits anyone from walking through or riding a
bicycle through in order to use the drive through. It is only the design element that i s being defined in the
definition.
Mr. Lafferty explained the reason he was sensitive to that is because in the State law it states following
too close to another motor vehicle. That means that one could follow too close to a bicycle. If it said
motor vehicle one could run right up on a bicycle and be inches away and still be complying with the State
law. That is the reason he brought it up.
Ms. Baldwin asked for a recommendation from the Planning Commission.
Motion: Mr. Dotson moved and Mr. Franco seconded to recommend approval of the Resolution of Intent
(Attachment A) and approval of ZTA-2012-00013 Industrial Uses in the Commercial Districts (Attachment
C).
The motion passed unanimously by a vote of 7:0.
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 11, 2012
DRAFT PARTIAL MINUTES – ZTA-2012-00013 INDUSTRIAL USES IN THE COMMERCIAL DISTRICTS
3
Mr. Morris noted that a recommendation for approval of ZTA-2012-00013 Industrial Uses in the
Commercial Districts would be forwarded to the Board of Supervisors for the February 13 meeting.
Mr. Dotson commented that he found it a little hard to follow the district regulations because in some it did
not say what the district was. He suggested on page 4 where they list all the by right and special use
permit uses that they could put in parenthesis what the district is by that section. That would make it
easier to read.
(Recorded and transcribed by Sharon C. Taylor, Clerk to Planning Commission & Planning Boards)
ZTA-2012-00013
Attachment C - Draft: 11/29/12
ORDINANCE NO. 13-18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, AND
ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article I, General Provisions, and Article III, District Regulations, are hereby amended and
reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 20.3.1 By right
Sec. 20.3.2 By special use permit
Sec. 20A.6 Permitted uses
Sec. 20B.2 Permitted uses
Sec. 22.2.1 By right
Sec. 22.2.2 By special use permit
Sec. 23.2.1 By right
Sec. 23.2.2 By special use permit
Sec. 24.2.1 By right
Sec. 24.2.2 By special use permit
Sec. 25.2.1 By right
Sec. 25.2.2 By special use permit
Sec. 25A.2.1 By right
Sec. 25A.2.2 By special use permit
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
. . .
Drive-in window Drive-through Window: An accessory facility designed to provide access to commercial
products and/or services for customers remaining in their automobiles motor vehicle, provided that this
term does not include providing services to customers remaining in their motor vehicle while it is parked in
a parking space. (Added 11-7-84)
. . .
Establishment: A public or private institution or a place of business.
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 11, 2012
DRAFT PARTIAL MINUTES – ZTA-2012-00013 INDUSTRIAL USES IN THE COMMERCIAL DISTRICTS
4
. . .
Medical center: Establishment wherein medical care is provided on an outpatient basis as distinguished
from a hospital or a professional office.
Article III. District Regulations
Sec. 20.3.1 By right
The following uses shall be permitted subject to the requirements and limitations of this ordinance
chapter:
1. Detached single-family dwellings.
2. Semi-detached and attached single-family dwellings such as duplexes, triplexes,
quadraplexes, townhouses, atrium houses and patio houses provided that density is
maintained, and provided further that buildings are located so that each unit could be
provided with a lot meeting all other requirements for detached single-family dwellings except
for side yards at the common wall.
3. Multiple-family dwellings.
4. (Repealed 9-2-81)
5. Parks, playgrounds, community centers and noncommercial recreational and cultural facilities
such as tennis courts, swimming pools, game rooms, libraries and the like.
6. Electric, gas, oil and communication facilities, excluding tower structures and including po les,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other
applicable law. Water, sewer, energy and communications distribution facilities. (Amended 5-
12-93)
7. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
8. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.18).
9. Accessory uses and structures including home occupation, Class A (reference 5.2) and
storage buildings.
10. Homes for developmentally disabled persons Group homes (reference 5.1.07).
11. Stormwater management facilities shown on an approved final site plan or subdivision
plat.(Added 10-9-02)
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 11, 2012
DRAFT PARTIAL MINUTES – ZTA-2012-00013 INDUSTRIAL USES IN THE COMMERCIAL DISTRICTS
5
12. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
(§ 20-20.3.1, 12-10-80; 9-2-81; 11-1-89; 5-12-93; Ord 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04)
Sec. 20.3.2 By special use permit
The following uses shall be permitted by special use permit in the PUD district, subject to the applicable
requirements of this chapter and provided that no separate application shall be required for any such use
included in the original PUD rezoning petition: (Amended 5-5-10)
1. Day care, child care or nursery facility (reference 5.1.06).
2. Fire, ambulance and rescue squad stations (reference 5.1.09).
3. Rest home, nursing home, convalescent home, orphanage or similar institution (reference
5.1.13).
4. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro -
wave and radio-wave transmission and relay towers, substations and appurtenances Energy
and communications transmission facilities (reference 5.1.12).
5. Home occupation, Class B (reference 5.2).
6. Churches. (Added 9-2-81)
7. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84;
Amended 2-5-03)
8. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
9. Farmers’ markets (Added 5-5-10)
(§ 20-20.3.2, 12-10-80; 9-2-81; 11-7-84; Ord. 03-18(1), 2-5-03; Ord. 04-18(2), 10-13-04; Ord. 10-18(4), 5-
5-10)
Sec. 20A.6 Permitted uses
The following uses shall be permitted in an NMD, subject to the regulations in this section and section 8,
the approved application plan and code of development, and the accepted proffers:
a. By right uses. The following uses are permitted by right if the use is expressly identified as a by
right use in the code of development or if the use is permitted in a determination by the zoning
administrator pursuant to subsection 8.5.5.2(c)(1):
1. Each use allowed by right or by special use permit in any other zoning district, except for those
uses allowed only by special use permit delineated in subsections 20A.6(b)(2) and (b)(3);
provided that the use is identified in the approved code of development.
2. Electric, gas, oil and communication facilities, excluding tower structures and including
poles, lines, transformers, pipes, meters and related facilities for distribution of local
service and owned and operated by a public utility. Water distribution and sewerage
collection lines, pumping stations and appurtenances owned and operated by the
Albemarle County Service Authority. Except as otherwise expressly provided, central
water supplies and central sewerage systems in conf ormity with Chapter 16 of the Code
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 11, 2012
DRAFT PARTIAL MINUTES – ZTA-2012-00013 INDUSTRIAL USES IN THE COMMERCIAL DISTRICTS
6
of Albemarle and all other applicable law Water, sewer, energy and communications
distribution facilities.
3. Accessory uses and buildings including storage buildings.
4. Home occupation, Class A, where the district includes residential uses.
5. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.18).
6. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies, public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water
and Sewer Authority (reference 5.1.12).
7. Tourist lodgings, where the district includes residential uses.
8. Homes for developmentally disabled persons Group homes, where the district includes
residential uses.
9. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
10. Farmers’ markets (reference 5.1.47). (Added 5-5-10)
b. By special use permit. The following uses are permitted by special use permit if the use is
expressly identified as use permitted by special use permit in the code of developmen t:
1. Each use allowed by right or by special use permit in any other zoning district.
2. Drive-through windows serving or associated with permitted uses.
3. Outdoor storage, display and/or sales serving or associated with a by right permitted use,
if any portion of the use would be visible from a travelway.
(Ord. 03-18(2), 3-19-03; Ord 04-18(2), 10-13-04; Ord. 09-18(9), 10-14-09; Ord. 10-18(4), 5-5-10)
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 limited to, amusement centers,
bowling alleys, pool halls and dance halls.
6. Convalescent homes (reference 5.1.13).
7. Convenience stores.
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 11, 2012
DRAFT PARTIAL MINUTES – ZTA-2012-00013 INDUSTRIAL USES IN THE COMMERCIAL DISTRICTS
7
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.
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. Laboratories, medical or pharmaceutical.
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. Research and development activities, including experimental testing, subject to the
performance standards stated in section 4.14 of this chapter.
34. Restaurants.
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 11, 2012
DRAFT PARTIAL MINUTES – ZTA-2012-00013 INDUSTRIAL USES IN THE COMMERCIAL DISTRICTS
8
35. Retail nurseries and greenhouses.
36. Service stations.
37. Sporting goods sales.
38. Tailors and seamstresses.
39. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.118).
40. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
41. Tourist lodging.
42. Visual and audio appliances.
B. By right uses; office. The following office uses are permitted by right:
1. Medical centers.
21. Offices.
32. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.11 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, civic, fraternal, patriotic (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. Electric, gas, oil and communication facilities, excluding tower structures and including
poles, lines, transformers, pipes, meters and related facilities for distribution of local
service and owned and operated by a public utility. Water distribution and sewerage
collection lines, pumping stations and appurtenances owned and operated by the
Albemarle County Service Authority. Except as otherwise expressly provided, central
water supplies and central sewerage systems in conformance with Chapter 16 of the
Code of Albemarle and all other applicable law 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.
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 11, 2012
DRAFT PARTIAL MINUTES – ZTA-2012-00013 INDUSTRIAL USES IN THE COMMERCIAL DISTRICTS
9
12. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission main or trunk
lines, treatment facilities, pumping stations and the like, owned and/or operated by the
Rivanna Water and Sewer Authority (reference 31.2.5, 5.1.12).
13. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.11 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).
E. By special use permit. The following uses are permitted by special use permit:
1. Body shops (reference 5.1.31).
2. Buildings more than fifty (50) feet or four stories in height, up to seventy (70) feet or six
(6) stories in height, provided the increased height allows the provision of a demonstrated
public benefit, such as providing affordable housing or parking.
3. Buildings one story in height.
4. Car washes.
5. Compounding of drugs, including biological products, medical and chemical as well as
pharmaceutical.
6. Detached single-family dwelling, provided that there is no other use permitted by
subsections 20B.2(A), (B), (C) or (E) on the same lot.
7. Drive-inthrough windows.
8. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone exchange
centers; micro-wave and radio-wave transmission and relay towers, substations and
appurtenances Energy and communications transmission facilities (reference 5.1.12).
9. Hospitals.
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 11, 2012
DRAFT PARTIAL MINUTES – ZTA-2012-00013 INDUSTRIAL USES IN THE COMMERCIAL DISTRICTS
10
10. Manufacturing, processing, fabricating, assembling, and distributing products including,
but not limited to:
-Artists’ supplies and equipment.
-Business, office machines and equipment.
-Cosmetics, including perfumes, perfumed toiletries and perfumed toilet soap.
-Drafting supplies and equipment.
-Electrical lighting and wiring equipment.
-Electrical and electronic equipment and components including radio, telephone,
computer, communication equipment, TV receiving sets, phonographs.
-Food products, such as bakery goods, dairy products, candy, beverages, including
bottling plants.
-Gifts, novelties including pottery, figurines and similar ceramic products.
-Glass products made of purchased glass.
-Industrial controls.
-Jewelry, silverware.
-Light machinery and machine parts, including electrical household appliances but not
including such things as clothes washers, dryers and refrigerators.
-Musical instruments.
-Paper products such as die-cut paperboard and cardboard, sanitary paper products,
bags and containers.
-Photographic equipment and supplies including processing and developing plant.
-Rubber, metal stamps.
-Small electrical parts such as coils, condensers, transformers, crystal holders.
-Surgical, medical and dental instruments and supplies.
-Toys, sporting and athletic equipment, except firearms, ammunition or fireworks.
-Watches, clocks and similar timing devices.
-Wood cabinets and furniture, upholstery.
11. Publishing, printing, lithography and engraving, including but not limited to newspapers,
periodicals and books.
12. Preparation of printing plates including typesetting, etching and engraving.
13. Stand-alone parking (reference 4.12).
14. Storage yards.
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 11, 2012
DRAFT PARTIAL MINUTES – ZTA-2012-00013 INDUSTRIAL USES IN THE COMMERCIAL DISTRICTS
11
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.
F. 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; (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.
(Ord. 08-18(3), 6-11-08; Ord. 10-18(4), 5-5-10)
Sec. 22.2.1 By right
The following uses shall be permitted in any C-1 district, subject to the applicable requirements of this
chapter. The zoning administrator, after consultation with the director of planning and other appropriate
officials, may permit as a use by right, a use not specifically permitted; provided that such use shall be
similar to uses permitted by right in general character and more specifically, similar in terms of locational
requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning
administrator's decision shall be as generally provided in section 34.
a. The following retail sales and service establishments:
1. Antique, gift, jewelry, notion and craft shops.
2. Clothing, apparel and shoe shops.
3. Department store.
4. Drug store, pharmacy.
5. Florist.
6. Food and grocery stores including such specialty shops as bakery, candy, milk
dispensary and wine and cheese shops.
7. Furniture and home appliances (sales and service).
8. Hardware store.
9. Musical instruments.
10. Newsstands, magazines, pipe and tobacco shops.
11. Optical goods.
12. Photographic goods.
13. Visual and audio appliances.
14. Sporting goods.
15. Retail nurseries and greenhouses.
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 11, 2012
DRAFT PARTIAL MINUTES – ZTA-2012-00013 INDUSTRIAL USES IN THE COMMERCIAL DISTRICTS
12
16. Farmers’ markets (reference 5.1.47). (Added 5-5-10)
17. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor
area of the establishment may exceed 4,000 square feet per site by special exception
approved by the board of supervisors.
18. Manufacturing/Processing/Assembly/Fabrication and Recycling; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor
area of the establishment m ay exceed 4,000 square feet per site by special exception
approved by the board of supervisors.
b. The following services and public establishments:
1. Administrative, professional offices.
2. Barber, beauty shops.
3. Churches, cemeteries.
4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
5. Financial institutions.
6. Fire and rescue squad stations (reference 5.1.09).
7. Funeral homes.
8. Health spas.
9. Indoor theaters.
10. Laundries, dry cleaners.
11. Laundromat (provided that an attendant shall be on duty at all hours during operation).
12. Libraries, museums.
13. Nurseries, day care centers (reference 5.1.06).
14. Eating establishments.
15. Tailor, seamstress.
16. Automobile service stations (reference 5.1.20).
17. Electric, gas, oil and communication facilities excluding tower structures and including
poles, lines, transformers, pipes, meters and related facilities for distribution of local
service and owned and operated by a public utility. Water distribution and sewerage
collection lines, pumping stations and appurtenances owned and operated by the
Albemarle County Service Authority Water, sewer, energy and communications
distribution facilities. (Amended 5-2-93)
18. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 1.2.5); public water and sewer transmission, main or trunk
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 11, 2012
DRAFT PARTIAL MINUTES – ZTA-2012-00013 INDUSTRIAL USES IN THE COMMERCIAL DISTRICTS
13
lines treatment facilities, pumping stations and the like, owned and/or operated by the
Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-9)
19. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.18).
20. Dwellings (reference 5.1.21).
21. Medical center.
22. Automobile, truck repair shop excluding body shop. (Added 6-3-81; Amended 9-9-92)
23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
24. Indoor athletic facilities. (Added 9-15-93)
25. (Repealed 5-5-10)
26. Stormwater management facilities shown on an approved final site plan or subdivision
plat.
(Added 10-9-02)
27. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10 -13-04)
(§ 20-22.2.1, 12-10-80; 6-3-81; 3-5-86; 9-9-92; 5-2-93; 9-14-93; 10-11-95; Ord. 02-18(6), 10-9-02; Ord.
04-18(2), 10-13-04; Ord. 10-18(4), 5-5-10)
Sec. 22.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to
section 31.2.4:
1. Commercial recreation establishments including but not limited to amusement centers,
bowling alleys, pool halls and dance halls. (Amended 1-1-83)
2. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro -
wave and radio-wave transmission and relay towers, substations and appurtenances Energy
and communications transmission facilities.
3. Hospitals.
4. Fast food restaurant.
5. Veterinary office and hospital (reference 5.1.11).
6. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential - R-15, in compliance with regulations set forth therein, and such conditions as
may be imposed pursuant to section 31.2.4.
7. Hotels, motels and inns.
8. Motor vehicle sales and rental in communities and the urban area as designated in the
comprehensive plan. (Added 6-1-83)
9. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84;
Amended 2-5-03)
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 11, 2012
DRAFT PARTIAL MINUTES – ZTA-2012-00013 INDUSTRIAL USES IN THE COMMERCIAL DISTRICTS
14
10. Drive-inthrough windows serving or associated with permitted uses. (Added 11-7-84;
Amended 9-9-92)
11. Uses permitted by right, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
6-14-89)
12. Body shop. (Added 9-9-92)
13. Animal shelter (reference 5.1.11). (Added 6-16-99).
14. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
15. Storage/Warehousing/Distribution/Transportation.
(§ 20-22.2.2, 12-10-80; 1-1-83; 6-1-83; 11-7-84; 6-14-89; Ord. 03-18(1), 2-5-03; Ord. 04-18(2), 10-13-04)
Sec. 23.2.1 By right
The following uses shall be permitted in the CO district, subject to the applicable requirements of this
chapter:
1. Administrative and business offices.
2. Professional offices, including medical, dental and optical.
3. Financial institutions.
4. Churches, cemeteries.
5. Libraries, museums.
6. Accessory uses and structures incidental to the principal uses provided herein. The
aggregate of all accessory uses shall not occupy more that twenty (20) percent of the floor
area of the buildings on the site. The following accessory uses shall be permitted:
-Eating establishments;
-Newsstands;
-Establishments for the sale of office supplies and service of office equipment;
-Data processing services;
-Central reproduction and mailing services and the like;
-Ethical pharmacies, laboratories and estabishments for the production, fitting and/or sale of
optical or prosthetic appliances on sites containing medical, dental or optical offices;
-(Repealed 3-17-82)
-Sale/service of goods associated with the principal use such as, but not limited to: musical
instruments, musical scores, text books, artist's supplies and dancing shoes and apparel;
(Added 12-3-86)
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 11, 2012
DRAFT PARTIAL MINUTES – ZTA-2012-00013 INDUSTRIAL USES IN THE COMMERCIAL DISTRICTS
15
-Barber shops; (Added 8-5-09)
-Beauty shops. (Added 8-5-09)
7. Electric, gas, oil and communication facilities, excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Al bemarle and all other
applicable law Water, sewer, energy and communications distribution facilities. (Amended 5-
12-93)
8. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
9. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.18).
10. Dwellings (reference 5.1.21). (Added 3-17-82)
11. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
12. Day care, child care or nursery facility (reference 5.1.6). (Added 9-9-92)
13. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-01)
14. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
15. Farmers’ markets (reference 5.1.47). (Added 5-5-10)
16. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area
of the establishment may exceed 4,000 square feet per site by special exception approved by
the board of supervisors.
(§ 20-23.2.1, 12-10-80; 3-17-82; 3-5-86; 12-3-86; 11-1-89; 9-9-92; 5-12-93; Ord. 01-18(6), 10-9-01 ; Ord.
04-18(2), 10-13-04; Ord. 09-18(6), 8-5-09; Ord. 10-18(4), 5-5-10)
Sec. 23.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board of supervisors
pursuant to section 31.2.4:
1. Hospitals.
2. Funeral homes.
3. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro -
wave and radio-wave transmission and relay towers, substations and appurtenances Energy
and communications transmission facilities.
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 11, 2012
DRAFT PARTIAL MINUTES – ZTA-2012-00013 INDUSTRIAL USES IN THE COMMERCIAL DISTRICTS
16
4. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11 -7-84;
Amended 2-5-03)
5. Commercial uses otherwise permitted having dDrive-inthrough windows (Added 11-7-84)
6. School of special instruction. (Added 1-1-87)
7. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). (Added 1-1-87)
8. Uses permitted by right, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
6-14-89)
9. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential R-15. in compliance with regulations set forth therein and such conditions as may
be imposed pursuant to section 31.2.4. (Added 6-19-91)
10. Hotels, motels and inns (reference 9.0). (Added 6-19-91)
11. Supporting commercial uses (reference 9.0). (Added 6-19-91)
12. Research and development activities including experimental testing. (Added 6-19-91)
13. Laboratories, medical or pharmaceutical. (Added 6-10-92)
14. Indoor athletic facilities. (Added 9-15-93)
15. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
16. Storage/Warehousing/Distribution/Transportation.
17. Manufacturing/Processing/Assembly/Fabrication and Recycling.
(§ 20-23.2.2, 12-10-80; 11-7-84; 1-1-87; 6-14-89; 6-19-91; 6-10-92; 9-15-93; Ord. 03-18(1), 2-5-03; Ord.
04-18(2), 10-13-04)
Sec. 24.2.1 By right
The following uses shall be permitted in any HC district, subject to the applicable requirements of this
chapter. The zoning administrator, after consultation with the director of planning and other appropriate
officials, may permit, as a use by right, a use not specifically permitted; provided that such use shall be
similar to uses permitted by right in general character, and more specifically, similar in terms of l ocational
requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning
administrator's decision shall be as generally provided in section 34.
1. Automobile laundries.
2. Automobile, truck repair shops.
3. Automobile service stations (reference 5.1.20).
4. Building materials sales.
5. Churches, cemeteries.
6. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 11, 2012
DRAFT PARTIAL MINUTES – ZTA-2012-00013 INDUSTRIAL USES IN THE COMMERCIAL DISTRICTS
17
7. Convenience stores.
8. Educational, technical and trade schools.
9. Factory outlet sales - clothing and fabric.
10. Feed and seed stores (reference 5.1.22).
11. Financial institutions.
12. Fire extinguisher and security products, sales and service.
13. Fire and rescue squad stations (reference 5.1.09).
14. Funeral homes.
15. Furniture stores.
16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary
and wine and cheese shops.
17. Home and business services such as grounds care, cleaning, exterminators, landscaping and
other repair and maintenance services.
18. Hardware.
19. (Repealed 6-3-81)
20. Hotels, motels and inns.
21. Light warehousing.
22. Machinery and equipment sales, service and rental.
23. Mobile home and trailer sales and service.
24. Modular building sales.
25. Motor vehicle sales, service and rental.
26. New automotive parts sales.
27. Newspaper publishing.
28. Administrative, business and professional offices.
29. Office and business machines sales and service.
30. Eating establishment; fast food restaurants.
31. Retail nurseries and greenhouses.
32. Sale of major recreational equipment and vehicles.
33. Wayside stands - vegetables and agricultural produce (reference 5.1.19).
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 11, 2012
DRAFT PARTIAL MINUTES – ZTA-2012-00013 INDUSTRIAL USES IN THE COMMERCIAL DISTRICTS
18
34. Wholesale distribution.
35. Electric, gas, oil and communication facilities excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other
applicable law Water, sewer, energy and communications distribution facilities. (Amended 5-
12-93)
36. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agenc ies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
37. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.18).
38. Indoor theaters.
39. Heating oil sales and distribution (reference 5.1.20).
40. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial, C -1.
(Added 6-19-91; Amended 9-9-92)
42. Indoor athletic facilities. (Added 9-15-93)
43. Farmers' market (reference 5.1.47). (Added 10-11-95; Amended 5-5-10)
44. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
45. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10 -13-04)
46. Storage yards. (Added 11-12-08)
47. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area
of the establishment may exceed 4,000 square feet per site by special exc eption approved
by the board of supervisors.
48. Manufacturing/Processing/Assembly/Fabrication and Recycling; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area
of the establishment may exceed 4,000 square feet per site by special exception approved
by the board of supervisors.
49. Storage/Warehousing/Distribution/Transportation; gross floor area of the establishment does
not exceed 4,000 square feet per site; provided that the gross floor area of the
establishment may exceed 4,000 square feet per site by special exception approved by the
board of supervisors.
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 11, 2012
DRAFT PARTIAL MINUTES – ZTA-2012-00013 INDUSTRIAL USES IN THE COMMERCIAL DISTRICTS
19
(§ 20-24.2.1, 12-10-80; 6-3-81; 3-5-86; 11-1-89; 6-19-91; 9-9-92; 5-12-93; 9-15-93; 10-11-95; § 18-24.2.1,
Ord. 98-A(1), 8-5-98; Ord.02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord. 10-
18(4), 5-5-10)
Sec. 24.2.2 By special use permit
The following uses shall be permitted by special use permit in the HC district:
1. Commercial recreation establishment including but not limited to amusement centers, bowling
alleys, pool halls and dance halls. (Amended 1-1-83)
2. Septic tank sales and related service.
3. Livestock sales.
4. Veterinary office and hospital (reference 5.1.11).
5. Drive-in theaters (reference 5.1.08).
6. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers, micro -
wave and radio-wave transmission and relay towers, substations and appurtenances Energy
and communications transmission facilities (reference 5.1.12).
7. Hospitals, nursing homes, convalescent homes (reference 5.1.13).
8. Auction houses.
9. Unless such uses are otherwise provided in this section, uses permitted in s ection 18.0,
residential - R-15, in compliance with regulations set forth therein, and such conditions as
may be imposed pursuant to section 31.2.4.
10. Commercial kennels - indoor only (reference 5.1.11). (Added 1- 1-83)
11. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84;
Amended 2-5-03)
12. Drive-inthrough windows serving or associated with permitted uses. (Added 11-7-84;
Amended 9-9-92)
13. Uses permitted by right, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
6-14-89)
14. Warehouse facilities not permitted under section 24.2.1 (reference 9.0). (Added 6-19-91)
15. Animal shelter (reference 5.1.11). (Added 6-16-99)
16. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
17. Body shops. (Added 1-12-11)
(§ 20-24.2.2, 12-10-80; 1-1-83; 11-7-84; 6-14-89; 6-19-91; 9-9-92; § 18-24.2.2, Ord. 98-A(1), 8-5-98; Ord.
99-18(4), 6-16-99; Ord. 03-18(1), 2-5-03; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord. 11-
18(2), 1-12-11)
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 11, 2012
DRAFT PARTIAL MINUTES – ZTA-2012-00013 INDUSTRIAL USES IN THE COMMERCIAL DISTRICTS
20
Sec. 25.2.1 By right
The following uses shall be permitted by right in the PD-SC district:
1. Uses permitted by right in the C-1, CO and HC districts, except for storage yards. Outdoor
storage, sales or display shall be permitted only when enclosed by appropriate visual
screening. (Amended 11-12-08)
2. Electric, gas, oil and communication facilities excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority Water, sewer, energy and communications distribution facilities. (Amended 5-12-
93)
3. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
4. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.18).
§ 20-25.2.1, 12-10-80; 11-1-89; 5-12-93; § 18-25.2.1, Ord. 98-A(1), 8-5-98; § 18-25.2.1, Ord. 98-A(1), 8-
5-98; Ord. 08-18(6), 11-12-08)
Sec. 25.2.2 By special use permit
The following uses shall be permitted by special use permit in the PD -SC district:
1. Commercial recreational establishment included but not limited to amusement centers,
bowling alleys, pool halls and dance halls. (Amended 1-1-83)
2. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-
wave and radio-wave transmission and relay towers, substations and appurtenances Energy
and communications transmission facilities (reference 5.1.12).
3. Parking structures located wholly or partly above grade. (Added 11-7-84)
4. Drive-inthrough windows serving or associated with permitted uses. (Added 11-7-84;
Amended 9-9-92)
5. Veterinary office and hospital (reference 5.1.11). (Added 11- 15-89)
6. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
7. Storage yards. (Added 11-12-08)
(§ 20-25.2.2, 12-10-80; 1-1-83; 11-7-84; 11-15-89; 9-9-92; § 18-25.2.2, Ord. 98-A(1), 8-5-98; Ord. 04-
18(2), 10-13-04; Ord. 08-18(6), 11-12-08)
Sec. 25A.2.1 By right
The following uses shall be permitted by right in the PD-MC district:
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 11, 2012
DRAFT PARTIAL MINUTES – ZTA-2012-00013 INDUSTRIAL USES IN THE COMMERCIAL DISTRICTS
21
1. Uses permitted by right in the C-1, CO and HC districts, except for storage yards. Outdoor
storage, sales or display shall be permitted only when enclosed by appropriate visual
screening. (Amended 11-12-08)
2. Electric, gas, oil and communication facilities excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority Water, sewer, energy and communications distribution facilities. (Amended 5-12-
93)
3. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
4. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.18).
(§ 20-25A.2.1, 12-10-80; 11-1-89; 5-12-93; § 18-25A.2.1, Ord. 98-A(1), 8-5-98; Ord. 08-18(6), 11-12-08)
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as
recorded below, at a regular meeting held on _________________________.
__________________________________
Clerk, Board of County Supervisors
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as
recorded below, at a regular meeting held on _________________________.
__________________________________
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd ____ ____
Mr. Dumler ____ ____
Ms. Mallek ____ ____
Mr. Rooker ____ ____
Mr. Snow ____ ____
Mr. Thomas ____ ____
Attachment A
RESOLUTION OF INTENT
WHEREAS, one of the short-term priorities of the County’s Economic Development Policy is to
initiate zoning text amendments that further enable business and industrial uses in appropriate zoning
districts; and
WHEREAS, in implementing the County’s Economic Development Policy and the Economic
Vitality Action Plan, the Board has already adopted two zoning text amendments pertaining to industrial
uses (ZTA-2010-001 and ZTA-2010-002) and will soon be considering a third (ZTA-2012-004); and
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 11, 2012
DRAFT PARTIAL MINUTES – ZTA-2012-00013 INDUSTRIAL USES IN THE COMMERCIAL DISTRICTS
22
WHEREAS, it is now desired to consider amending the regulations in the Zoning Ordinance
pertaining to industrial uses in order to reflect current industrial technologies and their reduced impacts,
and to allow certain industrial uses to be allowed by right or by special use permit within the commercial
zoning districts, subject to suitable conditions, while at the same time preserving those districts’ integrity;
and
WHEREAS, in order to facilitate the administration of the Zoning Ordinance, it also is desired to
consider amending, adding and repealing certain definitions and amending and updating certain use
classifications in the commercial zoning districts so that they are consistent with the use as defined or
otherwise identified either in the Zoning Ordinance or in State law.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good zoning practices, the Albemarle County Planning Commission hereby adopts a
resolution of intent to amend the Zoning Ordinance, includi ng sections 3.1, 20, 20A, 20B, 22, 23, 24, 25,
25A, and any other sections deemed appropriate, as described herein; and
BE IT FURTHER RESOLVED THAT this resolution of intent supersedes the resolution of intent
adopted by the Planning Commission on October 23, 2012; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on this
resolution of intent, and return its recommendations to the Board of Supervisors at the earliest possible
date.
* * * * *
Return to exec summary
Board‐to‐Board
March, 2013
A monthly report from the Albemarle County School Board to the Albemarle County Board of Supervisors
Budget – With the conclusion of the General Assembly session February 23, 2013, the Board expects detailed information
from the state on state revenues for the 2013-14 school year. It also appears certain that federal sequestration will result in
the loss of some federal revenues to the school division. As currently proposed, the school division’s funding request has
a gap of $1.37 million with the large majority of increased expenditures devoted to serving more students and state and
federal mandates. Per pupil revenues remain below the levels of 2008-09 at the start of the recession.
20th Annual Visual Arts Festival, First Spring Musical– School division student artwork will be featured at several
venues for the 20th Annual Visual Arts Festival:
CHO Airport – February 18 – April 10, 2013
CitySpace on the Downtown Mall – March 1-28, 2013
Fashion Square Mall – March 3-24, 2013
Strategic Plan Review – The fifth and final community conversation on the School Board’s strategic planning review was
February 26 at Sutherland Middle School. An online survey will be active in early March to give those residents unable
to attend the public meetings an opportunity to offer their opinions on the future direction and goals of the school.
A summary meeting will be held before the end of April with findings provided to the School Board for discussion and
consideration at its June retreat.
Redistricting Update – The School Board is conducting a public hearing on March 14 as it considers recommendations
from the Superintendent. Consistent with the proposals from the two community advisory boards, the Superintendent
recommended that 94 Agnor-Hurt students be relocated next August to one of three elementary schools—Broadus Wood,
Greer and Woodbrook and that one neighborhood moving to Woodbrook also have its middle schools changed from
Burley to Jouett. The Superintendent also recommended that no action be taken at this time with regard to Meriwether
Lewis. Both subcommittees noted the growth patterns impacting Agnor-Hurt and schools in the western feeder patterns
and supported additions that are planned for both Agnor-Hurt and Crozet elementary schools.
Long Range Planning Advisory Committee - The Long Range Planning Advisory Committee has convened for a new
session. The goal of the committee is to provide a recommendation in June to the Superintendent and School Board for the
Capital Improvement Program (CIP).
Western Albemarle High School Spring Musical – WAHS Theatre Ensemble presents Little Shop of Horrors. Show
times are Friday, March 8, and Saturday, March 9, at 8pm, and Sunday, March 10, at 2pm. A preview show is available
Thursday, March 7, at 7:30pm by donation. Advance tickets are available at Over the Moon book store, Mudhouse
Coffee Shop in Crozet, and at the WAHS front office. Student tickets in advance are $5, and $6 at the door. Adult tickets
are $10 in advance, and $12 at the door.
School Calendar - The School Board adopted the proposed 2013-14 calendar during its February 14 meeting and it
includes no significant change to the current year’s start and end dates. The 2013-2014 school year will begin August 21,
2013 and end June 6, 2013. Prior to beginning its work on the 2013-14 school calendar, input from families, staff, and
community members was collected via the division's website. A joint city/county calendar committee reviewed input and
developed a draft joint calendar, which was posted for community feedback, which was positive.
Principal Retirement – Dave Francis, who has served as the principal at Western Albemarle High School since 2008,
announced his retirement effective at the end of the current school year. Mr. Francis’ distinguished career includes 42
years as an educator in Virginia, including 23 years as a high school principal. Dr. Matt Haas, Albemarle County Public
Schools Assistant Superintendent for Organizational and Human Resource Leadership, will lead the recruitment process
for the school’s principal and a search committee will invite participation from community members.
Community Services in the Southern Portion of Albemarle County – The division published a news release earlier this
month inviting members of the community to apply to be members of the B.F. Yancey Work Group. Nominations are due
by March 4. The Work Group, as chartered by both boards, will study community services in the southern portion of the
county and offer recommendations on how best to address unmet needs for the community. B.F.Yancey Elementary
School is anticipated to serve as the focal point of the potential delivery of enhanced services to the area and applications
for the committee are available online and at Yancey Elementary School. More information is available at:
http://www2.k12albemarle.org/acps/division/communications.
Spelling Bee – The 2013 Division Spelling Bee was held on February 11 and eight participants will represent the division
in regional competition at Monticello High School on March 23. Among those who will attend the regionals are:
First Place – Roshan George, Sutherland Middle School
Runner Up: Francesca Bernardino, Cale Elementary School
Hayden Miller, Brownsville Elementary
Mark Pellissier, Burley Middle
Sylvia Seay, Crozet Elementary
Johanna Hall, Greer Elementary
Ashley Huang, Jouett Middle
Serena Loomba, Yancey Elementary
Donations to Albemarle County Public Schools – From the February 14 meeting:
Murray High School received a donation in the amount of $125.00 from Don Soechting. These funds are local.
The donor has requested that his contribution be used to help with expenses for Student Snack/Meals.
Henley Middle School received a check totaling $742.79 from the HMS PATSO. These funds are local. The HMS
PATSO would like these funds to pay for their Enrichment Time before 9 program for the months of
December/January.
Stone Robinson Elementary School received $400.00 for 4 mainstream students in the preschool classroom. Each
parent sends in $100.00. These funds are local.
Burley Middle School is reimbursing their budget in the amount of $350.00. These funds are local. This
reimbursement is to cover the expenses for a pianist accompanying the Bearettes Choir Group on December 1, 14,
20, 2012 at Burley Middle School.
V.L. Murray Elementary School received a donation in the amount of $1,500.00 from the V.L. Murray PTO.
These funds are local. The donor has requested that this contribution be used to pay for the media/tech used in
Reflex Math at V.L. Murray Elementary School.
Cale Elementary School received a donation in the amount of $5,000.00 from the Cale PTO. These funds are
local. The donor has requested this contribution be used to help support the increasing technology needs in Cale
Elementary School.
Meriwether Lewis Elementary School received a donation in the amount of $4,200.00 from the Meriwether Lewis
PTO. These funds are local. The donor has requested that this contribution be used to supplement the intervention
program at Meriwether Lewis Elementary School.
Red Hill Elementary School received a donation in the amount of $3,000.00 from an anonymous donor. These
funds are local. The donor has requested that this contribution be used to help fund the 4th and 5th grade trips to
Jamestown/Yorktown/Williamsburg for Red Hill students.
The School Board received the following donations during its February 28 meeting:
Western Albemarle High School received a donation in the amount of $1,076.50 from the Western Albemarle
High School Band Boosters. These funds are local. The donor has requested that this contribution be used to
support Diana Bowen and her efforts coaching the flag team at Western Albemarle High School.
Stony Point Elementary School received two donations totaling $6,025.00. The Stony Point PTO donated
$6,000.00 to cover the professional Development Consultant, Margo Figgins at Stony Point. Stony Point also
received $25.00 from the Piedmont Environmental Council for winning an award for the gardens at Stony Point
Elementary School. These funds are local.
Murray High School received a donation in the amount of $125.00 from Don Soechting. These funds are local.
This contribution will be used to help with expenses for Student Snack/Meals at Murray High School.
Stone Robinson Elementary School received $400.00 for 4 mainstream students in the preschool classroom. Each
parent sends in $100.00. These funds are local.
School Board website: www.k12albemarle.org
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
FY 2013 Budget Amendment and Appropriations
SUBJECT/PROPOSAL/REQUEST:
Approval of Budget Amendment and Appropriations
#201363, #2013072, #2013074, #2013075, #2013076
and #2013077 for local government and school division
programs and projects.
STAFF CONTACT(S):
Messrs. Foley, Letteri and Davis, and Ms. Allshouse, L.
PRESENTER (S): N/A
LEGAL REVIEW: Yes
AGENDA DATE:
March 6, 2013
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
Virginia Code § 15.2-2507 provides that any locality may amend its budget to adjust the aggregate amount to be
appropriated during the fiscal year as shown in the currently adopted budget; provided, however, any such amendment
which exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by first
publishing a notice of a meeting and holding a public hearing before amending the budget. The Code section applies to all
County funds, i.e., General Fund, Capital Funds, E911, School Self-Sustaining, etc.
The total increase to the FY 13 budget due to the appropriations itemized below is $709,312.00. A budget amendment
public hearing is not required because the amount of the cumulative appropriations does not exceed one percent of the
currently adopted budget.
STRATEGIC PLAN:
Mission: To enhance the well-being and quality of life for all citizens through the provision of the highest level of public
service consistent with the prudent use of public funds.
DISCUSSION:
This request involves the approval of seven (7) FY 2013 appropriations as follows:
One (1) appropriation (#2013063) to re-appropriate funding from previously appropriated Line of Duty Act
contingency reserve to the Police and Fire Rescue Departments. This appropriation will not increase the
County budget;
One (1) appropriation (#2013072) totaling $597,147.00 to appropriate funding related to service delivery
changes for Emergency Medical Services;
One (1) appropriation (#2013074) to re-appropriate funding to the Police and Fire Rescue Departments for
recruitment and retention incentive programs from the previously appropriated Police and Fire Recruitment
Initiatives Reserve and Reserve for Contingencies. This appropriation will not increase the County budget;
One (1) appropriation (#2013075) totaling $107,565.00 to appropriate a Federal Emergency Management
Agency (FEMA) Assistance to Firefighters Grant (EMW -2012-FO-00667) awarded to the Fire Rescue
Department;
One (1) appropriation (#2013076) totaling $700.00 for donations made to the Sheriff’s Office; and
One (1) appropriation (#2013077) totaling $3,900.00 for a grant awarded to Offender Aid and Restoration
(OAR).
RECOMMENDATIONS:
Staff recommends approval of appropriations #2013063, #2013072, #2013074, #2013075, #2013076 and #2013077.
ATTACHMENTS:
Attachment A – Appropriation Descriptions
Return to consent agenda
Return to regular agenda
Attachment A
1
Appropriation #2013063 $0.00
This appropriation will not increase the County Budget
Source: Line of Duty Act Reserve $ 78,460.00
This request is to re-appropriate $78,460.00 from the Line of Duty Act Reserve fund included in the FY 13 Adopted
Budget to the Police and Fire Rescue Departments, which includes $15,325.00 for physicals for new fire rescue
volunteers. The FY 13 Adopted Budget included this reserve for projected Line of Duty expenditures , which include
the costs for previous claims. Because this funding is being provided from previously appropriated funding, this re-
appropriation will not increase the total County budget.
Appropriation #2013072 $597,147.00
Source: General Fund Balance $ 13,147.00
Reserve for Contingencies* $ 110,125.00
Loan proceeds $ 519,750.00
CIP Fund Balance $ 64,250.00
This request is to appropriate $597,147.00 for expenditures related to changes in emergency medical services
delivery, including:
$123,272.00 in operational expenses, including funding for 1) hiring and training three firefighters for the last
quarter of FY 13 to provide a daytime Monday–Friday ambulance service at the Ivy Fire Station when it
begins operating in FY 14; 2) operating costs for the ambulance at the Ivy Fire Station and daytime Monday-
Friday “jump crews” at the Earlysville Volunteer Fire Department; and 3) associated costs directly related to
the EMS Cost Recovery program . Staff requests that $13,147 of these funds be provided from the General
Fund Balance and $110,125.00 from the Reserve for Contingencies fund. Because the funding from the
Reserve for Contingencies fund is being provided from previously appropriated sources, that portion of the
appropriation will not increase the total County budget. This action will leave approximately $26,338 in the
Reserve for Contingencies fund.
$519,750.00 in CIP loan proceeds and $64,250.00 in General Government CIP Fund fund balance for the
replacement of two apparatus and their related equipment. With the notification from Charlottesville
Albemarle Rescue Squad (CARS) that it will no longer run calls in the County during daylight hours beginning
on February 4, 2013, it is necessary to accelerate ambulance purchases so the County has apparatus to
respond to the additional calls. The replacement of an ambulance and the related equipment for Monticello
Fire Rescue and the Scottsville Volunteer Rescue Squad is estimated to cost $288,750.00 each for a total of
$577,500.00. The ambulances were scheduled to be replaced in FY 14, but the purchase has been expedited
to meet the change in service needs. The new ambulances are expected to be delivered six months after the
order is placed, at which time the vehicles being replaced will remain in service. Approval of this request will
reduce the number of apparatus purchaces that will be included in Fire Rescue’s FY 14 CIP request. In
addition, this appropriation request includes a request for $6,500 in one-time CIP funding for the start-up cost
for a toughbook, which is a durable computer that is utilized by Public Safety personnel in the field, and its
installation at the Western Albemarle Rescue Squad (WARS). This is required for EMS Cost Recovery
implementation at WARS.
Appropriation #2013074 $0.00
This appropriation will not increase the County Budget
Source: Reserve for Police and Fire Recruitment Initiatives $ 125,000.00
This request is to re-appropriate $125,000.00 to the Police and Fire Rescue Departments for the implementation of
public safety recruitment and retention incentives that was approved as part of the FY 13 budget process. At its
October 3, 2012 meeting, the Board was provided information regarding a program to provide education
compensation to Police personnel and a career development program for Fire Rescue personnel. At that time, the
cost to implement the program for the remainder of FY 13 was estimated to be $93,000, including benefits costs.
After the program was finalized and put in place, the actual cost to implement the program for the nine month period
was estimated to be $146,949.56 due to higher participation in the program s than had previously been anticipated.
Attachment A
2
This re-appropriation request adds $57,638.20 to the Police Department budget and $67,361.80 to the Fire Rescue
budget for a total of $125,000. The additional $21,949.56 required for the FY 13 implementation will be provided by
salary lapse savings in the Police Department’s budget. Because this funding is being provided from previously
appropriated sources, this re-appropriation will not increase the total County budget. Salary increases associated
with implementation will be an on-going cost and will be built into future annual budgets.
Appropriation #2013075 $107,565.00
Source: Federal Revenue $ 107,565.00
Grants Leveraging Fund $ 23,391.00
Match from Fire Rescue Budget $ 3,500.00
This request is to appropriate $107,565.00 for a Federal Emergency Management Agency (FEMA) Assistance to
Firefighters Grant (EMW -2012-FO-00667) awarded to the Fire Rescue Department. The grant requires a local
match of $26,891.00 for a total grant of $134,456.00. This request is also to re-appropriate $23,391.00 from the
Grants Leveraging Fund and $3,500.00 from the Fire Rescue budget for the $26,891.00 match, which will not
increase the total County budget.
This grant will provide training. The majority of the grant will fund instructors (internal through overtime and external
through contracts) to train volunteers to the level of Firefighter 1 and Firefighter 2. A portion of the training will be
directly for instructors to increase the number of available instructors in the Department, and the remainder of the
grant will fund overtime related to the Department’s obligations to the regional hazmat team and its need to send
employees to hazmat training to attain Technician/Specialist level.
Appropriation #2013076 $700.00
Source: Donations $ 700.00
This request is to appropriate $700.00 in contributions that were received to support the Sheriff’s volunteer reserve
programs. These contributions will support the various reserve programs such as Project Lifesaver, TRIAD, Search
and Rescue, child fingerprinting, and any other programs and activities that the Reserves are involved in within the
community.
Appropriation #2013077 $3,900.00
Source: State Revenue $ 3,900.00
This request is to appropriate $3,900.00 for a grant (#13-A2734CG13) awarded by the Department of Criminal
Justice Grant to Offender Aid and Restoration. This grant will provide training focused on the implementation of
evidence based practices and policies in the community corrections programs.
Return to exec summary
The Board of County Supervisors of Albemarle County, Virgin ia, in regular meeting on the
6th day of March 2013, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in West Hall Subdivision, as described on the attached
Additions Form AM-4.3 dated March 13, 2013, fully incorporated herein by reference, is shown on
plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Area Land Use Engineer for the Virginia Department of Transportation has
advised the Board that the street(s) meet the requirements established by the Subdivision Street
Requirements of the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transportation to add the street(s) in West Hall Subdivision,
as described on the attached Additions Form AM-4.3 dated March 13, 2013, to the secondary
system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's
Subdivision Street Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right -of-
way, as described, exclusive of any necessary easements for cuts, fills and drainage as described
on the recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Area
Land Use Engineer for the Virginia Department of Transportation.
* * * * *
The road(s) described on Additions Form AM-4.3 is:
1) Park Road (State Route 1204) from Summerdean Road (Route 1901) southeast to
Westhall Drive (1903), as shown on plat recorded in the office the Clerk of Circuit
Court of Albemarle County in Deed Book 3125, pages 306-313, with a 50-foot right-
of-way width, for a length of 0.05 miles.
2) Park Road (State Route 1204) from Westhall Drive (Route 1903) southeast to
Nicolet Court (1904), as shown on plat recorded in the office the Clerk of Circuit
Court of Albemarle County in Deed Book 3196, pages 41 -48, with a 40-foot right-of-
way width, for a length of 0.05 miles.
3) Park Road (State Route 1204) from Nicolet Court (1904) south of the cul-de-sac,
as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle
County in Deed Book 3196, pages 41-48, with a 40-foot right-of-way width, for a
length of 0.06 miles.
4) Summerdean Road (State Route 1901) from Brookwood Road (1900) south to
Park Road (Route 1204), as shown on plat recorded in the office the Clerk of Circuit
Court of Albemarle County in Deed Book 3125, pages 306 -313, with a 53-foot right-
of-way width, for a length of 0.07 miles.
5) Park Road (State Route 1204) from 0.22 miles east to Summerdean Road (Route
1901), as shown on plat recorded in the office the Clerk of Circuit Court of
Albemarle County in Deed Book 3125, pages 306 -313, with a 50-foot right-of-way
width, for a length of 0.12 miles.
6) Westhall Drive (State Route 1903) from Park Road (Route 1204) west to end of
cul-de-sac, as shown on plat recorded in the office the Clerk of Circuit Court of
Albemarle County in Deed Book 3125, pages 306-313, with a 50-foot right-of-way
width, for a length of 0.08 miles.
7) Summerdean Road (State Route 1901) from Brookwood Road (1900)north to
Jonna Street (Route 1902), as shown on plat recorded in the office the Clerk of
Circuit Court of Albemarle County in Deed Book 4077, pages 175-190, with a 53-
foot right-of-way width, for a length of 0.10 miles.
8) Joanna Street (State Route 1902) from Summerdean Road (Route 1901) east to
end of State maintenance, as shown on plat recorded in the off ice the Clerk of
Circuit Court of Albemarle County in Deed Book 4077, pages 175 -190, with a 55-
foot right-of-way width, for a length of 0.05 miles.
9) Westhall Drive (State Route 1903) from Park Road (Route 1204) east t end of cul-
de-sac, as shown on plat recorded in the office the Clerk of Circuit Court of
Albemarle County in Deed Book 3125, pages 306 -313, with a 50-foot right-of-way
width, for a length of 0.03 miles.
10) Nicolet Court (State Route 1904) from Park Road (1204) southwest to end of the
cul-de-sac, as shown on plat recorded in the office the Clerk of Circuit Court of
Albemarle County in Deed Book 3196, pages 41 -48, with a 40-foot right-of-way
width, for a length of 0.07 miles.
11) Joanna Street (State Route 1902) from Summerdean Road (Route 1901) west to
end of State maintenance, as shown on plat recorded in the office the Clerk of
Circuit Court of Albemarle County in Deed Book 4077, pages 175 -190, with a 55-
foot right-of-way width, for a length of 0.05 miles.
12) Brookwood Road (State Route 1900) from 0.22 miles southeast of Route 1220
east to Summerdean Road (Route 1901), as shown on plat recorded in the office
the Clerk of Circuit Court of Albemarle County in Deed Book 3125, pages 306 -313,
with a 55-foot right-of-way width, for a length of 0.15 miles.
Total Mileage – 0.88
Return to consent agenda
Return to regular agenda
SENIOR CENTER - BELVEDERE VARIATION
MARCH 6, 2013 BOS
1
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
SDP201100064 Senior Center - Belvedere Block 1
Preliminary Site Plan –Variations from Belvedere Code of
Development
SUBJECT/PROPOSAL/REQUEST:
Approval of the following sections of the Zoning
Ordinance:
1. Section 8.5.5.3 Variations From Approved
Plans, Codes, And Standards Of
Developments
STAFF CONTACT(S):
Mr. Benish and Ms. Ray
LEGAL REVIEW: No
AGENDA DATE: March 6, 2013
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: No
REVIEWED BY:
BACKGROUND:
The Belvedere development is located off of Rio Road, just west of Dunlora. Belvedere was rezoned to Neighborhood
Model District, with an associated application plan and Code of Development, in October 2005 (ZMA2004-00007). This
application is for The Senior Center, which is proposed in Block 1. The proposal includes the creation of a maximum
60,000sf center, and associated outdoor amenities, to be built in phases . The applicant is requesting variations from the
approved Belvedere Application Plan and Code of Development.
STRATEGIC PLAN:
Goal 2: Provide community facilities that meet existing and future needs.
Goal 5: Ensure the health and safety of the community.
DISCUSSION:
The proposed development will require three variations from the approved Application Plan and Code Development
approved with the rezoning of the property. These variations are necessary before the site plan can be approved by staff.
The applicant submitted a request and justification for each variation by letter dated July 18, 2012 (revisions dated
November 7, 2012 and December 18, 2012), and these requests have been reviewed for Zoning, Engineering and
Planning aspects of the regulations. Section 8.5.5.3(a) authorizes the Director of Planning to grant variations from the
approved application plat and/ or code of development. However, due to a recent State Supreme Court decision, these
variations must now be approved by the Board of Supervisors as a Special Ex ception under Chapter 18 Section 31.8.
Staff is recommending approval of all variation requests (#49, #50, and #51).
VARIATION #49:
The applicant submitted the following request: To allow the maximum “Front build-to distance from street” for the building
to vary from the distance of 5' specified in Table 10 of Belvedere’s Code of Development (page 36) to be increased to 2’
beyond any existing utility easements that have been located along the road . Staff analysis of the variation request is
provided below:
1) The variation is consistent with the goals and objectives of the comprehensive plan.
The design is consistent with the goals and objectives of the comprehensive plan while recognizing the practical
engineering realities of this development (existing gas and utility easements located across the front of the site).
2) The variation does not increase the approved development density or intensity of development.
Density is not increased.
3) The variation does not adversely affect the timing and phasing of development of any other development
in the zoning district.
The timing and phasing of the development is unaffected.
4) The variation does not require a special use permit.
A special use permit is not required.
SENIOR CENTER - BELVEDERE VARIATION
MARCH 6, 2013 BOS
2
5) The variation is in general accord with the purpose and intent of the approved rezoning application.
This variation is in general accord with the approved rezoning application by allowing the development to proceed
as originally intended.
RECOMMENDATION:
Staff recommends approval of the variation request #49 as described above, with the following conditions:
Table 10 of the Belvedere Code of Development must be updated prior to Final Site Plan approval.
VARIATION #50:
The applicant submitted the following request: To allow a variation of building massing, interior parking access road and
parking layout from that shown in the ZMA exhibits titled “Block 1 and 2 General Development Plan Exhibit 2B” and “Block
1 and 2 Potential Development Scenario Exhibit 4”. The reasons for the variation request were presented as follows:
A single structure is required due to the nature of the use as well as patrons' needs (see exhibit titled “The Center at Belv edere – Site
Plan”). The Senior Center will serve differently-abled individuals throughout the day. To split functions between buildings would be
untenable from a programming and use standpoint. Having to travel from one building to another would likely dissuade patrons from
attending programs, especially during cold or rainy weather. Staffing would also have to be increased if multiple buildings were
required, increasing operating costs to a point of being infeasible. As evidenced in the design sketches produced to date, it is the
Center's and design team's intention to articulate the building as multiple individual volumes, breaking-up the massing to read as
multiple structures, as intended in the C.O.D.
Parking is to be shielded from Belvedere Boulevard by the building and by gardens and garden structures (such as a pergola). It is
the design team's intention to place the building along Belvedere Boulevard and facing the stormwater pond so that vehicles on
Belvedere Boulevard are presented with a welcoming structure with activities inside instead of a parking lot.
Ninety-degree parking will be utilized in lieu of the diagonal parking called for in the C.O.D. because it is much more efficient and
because it is better suited to the aging patrons of the Senior Center. One-way drive aisles (as required for diagonal parking) can be
confusing and dangerous for older drivers, creating hazards for pedestrians and drivers alike. Pedestrian paths within the parking lot
will be wide (i.e. 5'-6') and well-shaded so as to provide a pedestrian- and elderly-friendly path from the furthest reaches of the
parking lot to the building.
Staff analysis of the variation request is provided below:
1) The variation is consistent with the goals and objectives of the comprehensive plan.
The design is consistent with the goals and objectives of the comprehensive plan while recognizing the practical
implications of designing well for a specific population. It achieves the goal of presenting a ‘face’ to the road and
buffers parking from view, while also accommodating the targeted users of the site.
2) The variation does not increase the approved development density or intensity of development.
Density is not increased.
3) The variation does not adversely affect the timing and phasing of development of any other development
in the zoning district.
The timing and phasing of the development is unaffected.
4) The variation does not require a special use permit.
A special use permit is not required.
5) The variation is in general accord with the purpose and intent of the approved rezoning application.
This variation is in general accord with the approved rezoning application by providing site elements that will
create a human scale walk-able environment, while also buffering views of parking.
RECOMMENDATION:
Staff recommends approval of the variation request #50 as noted above, with the following conditions:
The ‘Pergola and Garden’ feature along Belvedere Boulevard, as shown on the exhibit, will be required in addition
to all standard street tree, parking lot, and site plan landscape requirements .
An updated description of Block 1 in the Belvedere Code of Development must be provided prior to Final Site
Plan approval.
VARIATION #51:
The applicant submitted the following request: To allow on-street parking along both sides of the “Parkway Section” of
Belvedere Boulevard within Block 1 and the addi tion of a sidewalk on the far side of the road from the Senior Center for
pedestrian access to the parallel parking, which is a variation from both the ZMA and the approved “Belvedere BLVD –
Phase 1 Road & Drainage Improvements” Site Plan (see section labeled “Belvedere Boulevard – 100’ R/W Parkway
Section” on sheet 6 of 23). Staff analysis of the variation request is provided below:
SENIOR CENTER - BELVEDERE VARIATION
MARCH 6, 2013 BOS
3
1) The variation is consistent with the goals and objectives of the comprehensive plan.
The design is consistent with the goals and objectives of the comprehensive plan by providing on-street parking to
accommodate senior center special events, while also making it available for public use. If additional parking
were proposed on-site it would not be available for other residents and visitors, and many other areas within
Belvedere can benefit from this additional parking. The applicant acknowledges that should this portion of
Belvedere Boulevard become a section of the Meadowcreek Parkway, the on -street parking will likely be
removed.
2) The variation does not increase the approved development density or intensity of development.
Density is not increased.
3) The variation does not adversely affect the timing and phasing of development of any other development
in the zoning district.
The timing and phasing of the development is unaffected.
4) The variation does not require a special use permit.
A special use permit is not required.
5) The variation is in general accord with the purpose and intent of the approved rezoning application.
This variation is in general accord with the approved rezoning application by providing additional public on-street
parking, maintaining the existing multi-use path and bike lanes, and adding additional pedestrian connections.
RECOMMENDATION:
Staff recommends approval of the variation request #51 as described above, with the following conditions:
A minimum 9’ paved parallel parking area must be provided on each side of the road section. Travel lanes will
remain 12’ in width, free of on-street parking. 5’ striped bikes lanes will be provided on both sides of the road
section as indicated in the Code of Development. A minimum 6’ planting strip is required between the road and
the 8’ multi-purpose trail, as previously approved. A 4’ planting strip and 5’ sidew alk must be provided on the
opposite side of Belvedere Blvd for safety and pedestrian access.
The full width of the multi-purpose trail must be within the Belvedere Blvd right-of-way. Either a boundary line
adjustment or realignment of the road section will be required.
As shown on the exhibit, bike lanes must be provided on both sides of Belvedere Blvd.
Revised road plans must be approved by the County Engineer and VDOT. Work with the County Engineer to
provide additional traffic calming measures to their satisfaction.
A revised Water Protection Ordinance plan must be approved by Engineering.
VDOT acceptance of Belvedere Boulevard
An updated Table 8 showing the changes listed above (and variations #49 & #50) must be provided as part of an
updated Code of Development and Application Plan reflecting all variations approved since February 2, 2010 (the
latest Code revision date) comprehensively prior to Final Site Plan approval.
31.8 SPECIAL EXCEPTIONS
The board of supervisors reserves unto itself the authority to consider and act upon special exceptions as follows:
a. Matters requiring a special exception. Notwithstanding any other section of this chapter:
1. Any request for a waiver, modification, variation or substitution permitted by this chapter shall be
considered and acted upon by the board.
2. Any requirement for a decision by the planning commission required by this chapter shall be considered
and acted upon by the board. For the purposes of this section, a decision by the planning commission
does not include the consideration and action by the commission on a preliminary or final site plan under
section 32 of this chapter or any action provided in section 32 enabled under Virginia Code § 15.2 -
2242(1).
b. Consideration and action. In acting upon a spec ial exception, the board shall consider the factors, standards, criteria,
and findings, however denominated, in the applicable sections of this chapter, provided that the board shall not be
required to make specific findings in support of its decision.
c. Conditions. In approving a special exception, the board may impose reasonable conditions to address any possible
impacts of the special exception.
d. Time for action. A request for a special exception shall be acted on by the board within ninety (90) days after the date
of the request, or concurrently with a zoning map amendment, special use permit, or site plan appeal, whichever is
longer.
e. Request. Each request for a special exception shall be made as provided under the applicable section of this chapte r.
RECOMMENDATION:
Staff recommends approval of variations #49, #50, and variation #51 with conditions as recommended in this
report.
SENIOR CENTER - BELVEDERE VARIATION
MARCH 6, 2013 BOS
4
Return to consent agenda
Return to regular agenda
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Proffit Crossing Road Name Change
SUBJECT/PROPOSAL/REQUEST:
Approval of road name change of Proffit Crossing to
Proffit Crossing Lane
STAFF CONTACT(S):
Messrs. Foley, Davis, Graham, Cilimberg, Weaver, Pettitt
and Slack
PRESENTER (S): N/A
LEGAL REVIEW: Yes
AGENDA DATE:
March 6, 2013
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
Pursuant to Part I, Section 6 (e) of the Albemarle County Road Naming and Property Numbering Manual, road name
change requests shall be forwarded to the Board for approval upon validation of the following:
That the landowners of more than fifty percent (50%) of the parcels served by the road have signed a petition in favor of a
common road name, and that the proposed road name is otherwise consistent with the road name guidelines set forth in
the Manual.
STRATEGIC PLAN:
Goal 5. Ensure the health and safety of the community.
DISCUSSION:
The landowners of the properties served by Proffit Crossing have submitted a request to change the road name of
Proffit Crossing to Proffit Crossing Lane (Attachment A). They express in their letter their concern that the abbreviated
road type designator for Crossing (Xing) can be confusing. Staff has confirmed that this change meets the
requirements of Section 6 (e) of the Albemarle County Road Naming and Property Numbering Manual.
BUDGET IMPACT:
There is no anticipated budget impact. The landowners will be responsible for the costs associated with new
signage.
RECOMMENDATIONS:
Staff recommends that the Board approve changing the road name of Proffit Crossing to Proffit Crossing Lane and
authorize staff to implement the change.
ATTACHMENTS:
A – Property Owners Letter
B – Location Map
Return to consent agenda
Return to regular agenda
PROFFIT RDP
R
O
F
F
I
T
X
I
N
G
DAVENTRY LN
PROFFIT RIDGE LNRoads
Shoppers World CourtRoad Name Change
0 150 300 450 60075Feet
Prepared by Albemarle CountyOffice of Geographic Data Services(GDS). Map created February 2013By Andy Slack GIS Specialist I
Note: The map elements depicted are graphic representations and are not to be construed or used as a legal description. Parcels shown reflect plats and deeds recorded through December 30, 2011.
Pro posed Road N ame Pro ffit Crossing Ln
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Albemarle County Service Authority Waterline Easement
Across Darden Towe Park
SUBJECT/PROPOSAL/REQUEST:
Request to authorize the County Executive to sign an
ACSA easement for a public waterline extension to serve
the Lewis and Clark Exploratory Center in Darden Towe
Park
STAFF CONTACT(S):
Messrs. Foley, Letteri, Davis, Herrick, Henry, and Kelsey
PRESENTER (S): NA
LEGAL REVIEW: Yes
AGENDA DATE:
March 6, 2013
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
The Lewis and Clark Exploratory Center is being constructed within a leased area in the northeast portion of Darden Towe
Park located on TMP 06200-00-00-02300, which is jointly owned by the County and the City. It will be an educational
center for visitors of all ages, will commemorate the Lewis and Clark expedition, and will fulfill an important need in the
community for outdoor education with an emphasis on history, transportation, and science. An easement is necessary for
the Albemarle County Service Authority (ACSA) to provide water to the Center as shown on the approved site
development plan.
STRATEGIC PLAN:
Goal 2: Provide community facilities that meet existing and future needs.
DISCUSSION:
The approved site development plan for this project includes a public waterline extension from an existing waterline
located along Stony Point Road (St Rte 20) westward to the Center. The easement is necessary for the ACSA to build
and maintain the waterline extension. A copy of the proposed easement Plat is included as Attachment A.
Because the City of Charlottesville co-owns Darden Towe Park, the City must also approve this easement request.
BUDGET IMPACT:
There is no budget impact associated with granting this easement.
RECOMMENDATIONS:
Staff recommends that the Board adopt the attached Resolution (Attachment B) approving the ACSA easement and
authorizing the County Executive to sign, in a form approved by the County Attorney, the Deed of Easement on behalf
of the County.
ATTACHMENTS:
A – Darden Towe Park ACSA Easement Plat
B – Resolution Approving Deed of Easement
Return to consent agenda
Return to regular agenda
PRIVATE SANITARY
SEWER LOCATION
RESOLUTION APPROVING DEED OF EASEMENT
BETWEEN THE COUNTY OF ALBEMARLE
AND THE ALBEMARLE COUNTY SERVICE AUTHORITY
FOR SERVICE TO THE LEWIS AND CLARK EXPLORATORY CENTER
WHEREAS, the County of Albemarle and the City of Charlottesville jointly own
Darden Towe Park (Parcel 06200-00-00-02300); and
WHEREAS, the County and City have leased a portion of Darden Towe Park for
the construction and operation of the Lewis and Clark Exploratory Center; and
WHEREAS, an easement is necessary for the Albemarle County Service
Authority to extend public water service to the Lewis and Clark Exploratory Center.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of
Supervisors hereby approves the granting of an easement to the Albemarle County
Service Authority, and authorizes the County Executive to sign, in a form approved by
the County Attorney, a Deed of Easement with the Albemarle County Service Authority
for an easement over Parcel 06200-00-00-02300 in order to provide public water service
to the Lewis and Clark Exploratory Center at Darden Towe Park.
Return to exec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
County Grant Application Report
SUBJECT/PROPOSAL/REQUEST:
Summary of grant applications submitted and grants
received from November 15, 2012 through January15,
2013
STAFF CONTACT(S):
Messrs. Foley, Davis and White; and Ms. Allshouse, L.
PRESENTER (S): N/A
LEGAL REVIEW: Yes
AGENDA DATE:
March 6, 2013
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION: X
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
Pursuant to the County’s Grants Policy and associated procedures, staff provides periodic reports to the Board on the
County’s application for and use of grants.
STRATEGIC PLAN:
Grant awards provide funding to support a variety of projects, the majority of which support Goal 5, Ensure the health
and safety of the community.
DISCUSSION:
The attached Grants Report provides a brief description of four grant applications submitted by the County and two
awards received between January 15, 2013 and February15, 2013.
All grant funds are subject to appropriation by the Board prior to the expenditure of any funds awarded to the County.
BUDGET IMPACT:
The budget impact is noted in the summary of each grant.
RECOMMENDATIONS:
This report is for information only.
ATTACHMENTS:
Grant Report
Return to consent agenda
Return to regular agenda
GRANT REPORT ACTIVITY THROUGH February 15, 2013
The following grants were awarded since January 15, 2013.
SOURCE GRANT NAME AMOUNT MATCH DEPARTMENT PURPOSE
Virginia Dept. of
Housing and
Community
Development
Community Develop-
ment Block Grant
Federal
$700,000 $160,000
$30,000 from proffers
$130,000 appropriated
support to AHIP
Housing Rehabilitation of 25 to 30 owner-
occupied homes in Orchard Acres
Subdivision, Crozet
Dept. of Criminal
Justice Services (DCJS)
CCCA/PSA Training
Fund
State
$3,900 0 OAR Training for OAR staff and volunteers
Applications were made for the following grants:
DCJS Byrne Justice
Assistance Grant
Federal
$64,601 $7,179
County Grants
Matching Funds
Police Dept. Hire Crime Analyst to analyze and
provide a range of information to
support more informed planning,
decision making and problem solving.
DCJS One Time Equipment
Grant
$22,994 $2,556
County Grant
Matching Funds
Police Dept. Purchase system for downloading
recorded data from mobile devices.
Purchase high intensity lights for new
police rifles.
Establish an online data management
system for training records, online
coursework, and accreditation records.
DCJS One Time Equipment
Grant
$29,700 $3,300
Existing Department
Budget –Comp Board
Circuit Court Purchase electronic civil and criminal
records filing system called eLegal
Case Pro.
DCJS One Time Equipment
Grant
$3,246.65 $360.74
Existing Department
Budget
OAR Purchase medical check-in touch screen
kiosk for the Orange office.
Purchase Sony Digital Voice Recorders
and camcorder for training, skill
building, and videotaping performance
with clients.
Return to exec summary
Page 1 of 3
Culpeper District
Albemarle County Monthly Report
March 2013
Special Issues
Route 649 Proffit Road, Bridge over the North Fork Rivanna River- Work is
tentatively scheduled for March 18-20 to remove storm debris from Route 649. The road
will be closed for the duration of the work and a detour will be set up. VDOT will be
communicating this work with schools and emergency services and will release public
notices of the work.
Preliminary Engineering
PROJECT LAST MILESTONE NEXT MILESTONE AD DATE
Route 53 Safety Project – Shoulder
Widening 0.4 Mi E. of Monticello Loop
Road
Right of Way Advertisement February 2013
Route 53 Safety Project – Shoulder
Widening 0.06 Mi E. of Monticello Loop
Road
Right of Way Advertisement February 2013
Route 53 Safety Project – Intersection
Improvements at Route 20
Design Public
Hearing Advertisement February 2013
Route 708, Dry Bridge Road
Bridge Replacement over RR Right of Way Advertisement May 2013
Route 53 Safety Project – Intersection
Improvements at Route 729 Right of Way Advertisement October 2013
Route 616, Black Cat Road
Bridge Replacement over RR
Design Public
Hearing Right of Way – May 2013 March 2014
Route 677, Broomley Road
Bridge Replacement over RR
Design Public
Hearing Right of Way –August 2013 December 2014
Route 637, Dick Woods Road
Bridge Replacement over Ivy Creek
Design Public
Hearing Right of Way –August 2013 December 2014
Route 29 Widening, Ashwood to
Hollymeade Town Center Survey Preliminary Design – Spring
2013 December 2015
Route 250, Bridge replacement over
Little Ivy Creek Survey Preliminary Design January 2018
Route 774, Bear Creek Road,
Unpaved Road -- Project Scoping –2016 November 2019
Route 703, Pocket Lane, Unpaved
Road -- Project Scoping –2016 November 2019
CITY OF CHARLOTTESVILLE:
PROJECT LAST MILESTONE NEXT MILESTONE AD DATE
Best Buy Ramp Design Public
Hearing
Right of Way – Summer
2013 November 2014
Page 2 of 3
Construction Activities
Route 29 Bypass (FO)0029-002-844
Scope: Design and construction 6.2 miles of highway between Route 250 to north of South
Fork of the Rivanna River.
Next major milestone: Submit Environmental Assessment to FHWA
Contract Completion Date: September 16, 2016
Only activities authorized being performed to include IJR/Traffic Studies for northern and
southern termini. Anticipate submission of environmental document revision to FHWA by early
December (FONSI request). If FONSI issued by FHWA, remaining PE activities (survey,
geotechnical exploration, environmental delineations, etc.) as well as Final design, RW & CN
activities can be initiated. Additional Public Involvement scheduled: Citizen Information
meeting tentatively April/Mar. 2013, Design Public Hearing tentatively May/June 2013.
Guardrail Repair GR07-967-096, N501
Scope: Guardrail repairs – on call – District wide.
Next Major Milestone: Contract Renewal – 2nd term
Contract Completion date: July 1, 2013.
McIntire Road U000-104-102, C501
Scope: Construct New Two Lane Road, Bridge and Pedestrian Path.
Next major Milestone: Construct right turn lane from Melbourne Road.
Contract Completion: October 15, 2013
Traffic Engineering Studies
Completed
Route 250 Ivy Road near Boars Head Inn Guardrail review – Study memorandum complete;
awaiting funding for installation.
Route 250 Richmond Road and 1054 Glenmore Way (E. of Shadwell): Study complete
recommend signing adjustments. Sign installation complete. Pavement markings expected in the
spring. VDOT Study Number- 003-1054-20120410-016
Route 726 James River Road: Guardrail review; chevrons installation pending. VDOT Study
Number- 003-0726-20120925-003
Route 20 Scottsville Road @ Route 726 James River Road: Intersection safety review; Report
complete, awaiting county comments. VDOT Study Number- 003-0020-20120614-007
Route 762 Rose Hill Church Lane: Speed study complete, sign installation complete. Rural
rustic road project, speed reduced to 25 mph. VDOT Study Number - 003-0762-20120719-011
Route 760 Red Hill School Road: Speed complete; resolution pending. VDOT Study Number-
003-0760-20120822-011
Route 1815 Old Trail Drive: School zone review; sign installation pending. VDOT Study
Number- 003-1815-20121203-010
Route 20: Bus Stop Sign review; review complete, installation pending. VDOT Study Number-
003-0020-20130102-010
Route 615 in vicinity of #3128 Thompsons Mill Rd:Curve safety review complete, sign
installation pending. VDOT Study Number- 061-0615-20130115-010
Page 3 of 3
Under Review
Route 795 James Monroe Parkway: Safety study at Ash Lawn entrance; pending. VDOT Study
Number- 003-0795-20130109-007
Route 250: Bicycle “Sharrows” pavement markings review; draft complete final pending. VDOT
Study Number- 003-0250-20130109-006
Route 672 Blufton Road: Speed study on Rural Rustic Project; in progress. VDOT Study
Number- 003-0672-20130115-011
Maintenance Activities
Limbing Operations on various Secondary Routes
Machining/ grading/applying stone to non-hard surfaces roadways
Pipe Cleaning and ditching operations
Pothole patching operations
Joel DeNunzio Virginia Department of Transportation
Charlottesville Residency Administrator 701 VDOT Way
Charlottesville, VA 22911
County of Albemarle
Department of Community Development
Memorandum
To: Tom Foley, County Executive
From: Mark Graham, Director of Community Development
Date: 28 February 2013
Subject: SP 2012-00029, 5th Street Station (Avon / 5th Street)
Attached is a revised graphic illustrating how the applicant has proposed to reduce the amount of disturbed
floodplain following the Planning Commission’s public hearing and meetings with the adjoining Willoughby
Subdivision residents. This is the area shown in the darker blue and labeled as “Proposed fill areas as of 27 Feb
2013.”
Staff supports this reduction of the fill area and believes it has addressed concerns presented at the Planning
Commission public hearing. As such, staff recommends approval with the following conditions:
1. Disturbance of the floodplain shall be limited to that part of the attached exhibit which is labeled as
“Proposed fill areas as of 27 Feb 2013”. This area may be increased if determined necessary to
accomplish the grading associated with an approved variation to plan. The County Engineer
shall have the sole authority in making the determination if this modification to the disturbed
area is necessary.
2. Final plans and construction shall provide a stable, non-erodible surface for fill materials, subject to
County Engineer approval.
3. The applicant shall obtain Program Authority approval for an erosion and sediment control plan, and
obtain a land disturbance permit according to the Water Protection Ordinance requirements prior
to the start of construction.
4. The applicant shall obtain all necessary federal and state agency approvals (Army Corps of
Engineers, Department of Environmental Quality, etc.) prior to commencing construction in the
floodplain
5. The applicant shall obtain Program Authority approval of a mitigation plan, and provide m itigation
according to the Water Protection Ordinance prior to commencing construction in the County
regulated stream buffer.
6. The applicant shall obtain approval from FEMA for changes to the floodplain prior to commencing
construction in the floodplain and shall submit all documentation needed by FEMA to accurately
reflect the as- built construction for a map revision following construction, Community
Development shall not release erosion and sediment control bonds for this area until FEMA has
all information needed to update the maps to reflect this change.
Attachment
View PC actions and attachments
Return to agenda
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
February 14, 2013
Daniel R. Hines, P.E.
28 Blackwell Park Lane
Warrenton, Va. 20186
RE: SP201200029 5th Street Station
TAX MAP PARCEL: 076M10000002B0, 076M10000002A0, 076M10000004A0 and
0770000000011E0
Dear Mr. Hines:
The Albemarle County Planning Commission, at its meeting on January 29, 2013, by a vote of 7:0,
recommended approval of the above-noted petition to the Board of Supervisors.
Please note that this recommendation is subject to the following conditions:
1. Fill in Areas 1 and 4, as shown in attachment A, must be demonstrated to be out of the floodway,
or reduced as necessary to be out of the floodway.
2. Fill in Areas 2 and 3, as shown in attachment A, are not part of this approval.
3. Fill in Area 4 must be reduced to the minimum necessary to build the road and any stormwater
management facilities approved with final plans.
4. Final plans and construction shall provide a stable, non-erodable surface for fill materials, subject
to County Engineer approval.
5. The applicant shall obtain Program Authority approval for an erosion and sediment control plan,
and obtain a land disturbance permit according to the Water Protection Ordinance requirements
prior to the start of construction.
6. The applicant shall obtain all necessary federal and state agency approvals (Army Corps of
Engineers, Department of Environmental Quality, etc.).
7. The applicant shall obtain Program Authority approval of a mitigation plan, and provide mitigation
according to the Water Protection Ordinance.
8. The applicant shall obtain approval from FEMA for changes to the floodplain, and update the FEMA
maps.
9. Change the language of paragraph 2 to say “fill in floodway in areas 2 and 3 will be subject to
FEMA’s approval of revised floodway on Moore’s Creek” with staff’s discretion to work out the
final language of the condition.
View staff report and attachments
View PC minutes
Return to memo
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on March 6, 2013.
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me at (434) 296-5832.
Sincerely,
Glenn Brooks, P.E.
County Engineer
Engineering
Cc Dan Tucker, S.J. Collins Enterprises, LLC
5b Southwest Broad St., Suite B
Fairburn, Ga. 30213
New Era Properties LLC
P O Box 1467
Charlottesville, Va. 22902
COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: SP 2012-00029, 5th Street Station Staff: Glenn Brooks
Planning Commission Public Hearing:
29 January 2013
Board of Supervisors Public Hearing:
Owner(s): New Era Properties, LLC and Avon
Holdings, LLC
Applicant: New Era Properties, LLC and Avon
Holdings, LLC
Acreage: 81.94 Special Use Permit (SP 2011-00011): Fill for a
commercial development, under sections
30.3.03.2, 30.3.05.2.1, 30.3.05.2.2, 30.3.06,
30.3.07 of the zoning ordinance
TMP: TM 76M1-2A, 76M1-2B, 76M1-4A,
and 77-11E
Location: Northeast quadrant of Interstate 64
and Fifth Street Extended (Route 631)
interchange, bounded on the east by Avon
Street Extended. Access is via Bent Creek
Road.
Existing Zoning and By-right use: Rural Areas (RA)
Magisterial District: Scottsville Conditions: Yes
Proposal: To obtain approval for fill in the
floodplain to build a road and a shopping center
Requested # of Dwelling Units: NA
Development Area: NA
Comprehensive Plan Designation: Community
Service/Mixed Use-community-scale retail wholesale,
business and medical offices, mixed use core
communities and/or employment services, and
residential (6.01-34 units/acre)
Character of Property: The majority of the site is
undeveloped with woodlands. An access road and
the former Grand Piano warehouse building are
both located on this property. An old landfill was
located on the eastern portion of the site.
Use of Surrounding Properties: Commercial uses
such as fast food restaurants are located adjacent in the
City. Industrial and commercial uses are located
adjacent to the site along Avon Street. The Willoughby
residential subdivision is located nearby as well as
Interstate-64.
Factors Favorable:
All impacts are contained on the property
Factors Unfavorable:
Impacts to Moores Creek floodplain
Fill is not minimized
RECOMMENDATION: Staff recommends approval with conditions.
STAFF: Glenn Brooks
PLANNING COMMISSION DATE: January 29, 2013
BOARD OF SUPERVISORS DATE: TBD
SP 2012-00029 5th Street Station
PETITION
PROJECT: SP2012-00029, 5th Street Station
PROPOSED: Special Use Permit for fill in the floodplain of Moores Creek
ZONING CATEGORY/GENERAL USAGE: PDSC
SECTION: 30.3.03.2, 30.3.05.2.1, 30.3.05.2.2, 30.3.06, 30.3.07 of the zoning ordinance
COMPREHENSIVE PLAN LAND USE/DENSITY: Community Service/Mixed Use-community-
scale retail wholesale, business and medical offices, mixed use core communities and/or employment
services, and residential (6.01-34 units/acre) Neighborhoods 4 & 5.
ENTRANCE CORRIDOR: Yes
LOCATION: Northeast intersection of Interstate 64 and Fifth Street Extended (Rt 631), bounded on
the east by Avon Street Extended. Access is Bent Creek Road.
TAX MAP/PARCEL: TM 76M1-2A, 76M1-2B, 76M1-4A, and 77-11E
MAGISTERIAL DISTRICT: Scottsville
CHARACTER OF THE AREA
Wooded hillside and floodplain bordering the city. There is an existing access road at the end of Bent
Creek Road, with an existing bridge over Moores Creek.
SPECIFICS OF THE PROPOSAL
This proposal is to obtain approval for areas of fill alongside Moores Creek to establish travelways
and parking for the proposed shopping center, and to build a connector road between Avon Street and
5th Street.
As shown in Attachment A, fill is proposed in four locations along Moores Creek. These have been
numbered on the second graphic in Attachment A, where fill areas have been shaded in red.
Area 1 is fill for the travelway and parking areas in the development as shown on the approved
rezoning documents.
Areas 2 and 3 appear to be fill alongside the connector road. It is not clear why these areas are
necessary.
Area 4 is fill for a stream crossing of the tributary to Moores Creek which enters the property from
under Rt. 64.
PLANNING AND ZONING HISTORY
The western portion of the property is part of the original Willoughby farm, and in the 1960’s
and 1970’s it was designated for a major shopping center. From 1975-85 it was part of the
Willoughby Planned Unit Development. In 1985, ZMA 85-15 was approved with proffers,
rezoning 49.377 acres to LI. In 1989, ZMA 89-14 was approved with proffers, adding 4.516
acres to the LI district.
During the 1995-96 review and update of the Land Use Plan, the recommendation for
Industrial Service remained unchanged. In 1997 a Comprehensive Plan Amendment was
requested from Industrial Service to Regional Service (the Brass, Inc. proposal, CPA 97-05).
After a series of public meetings and joint sessions with the City of Charlottesville, the
Planning Commission recommended to the Board of Supervisors a designation of
Community Service/Mixed Use. The Board subsequently further refined the recommended
Comprehensive Plan language, and was prepared to adopt it at its September 15, 1999
meeting. Prior to the meeting, the applicant withdrew the project and the recommended
language was never adopted.
On July 8, 2003, a revised Comprehensive Plan Amendment (CPA 03-02) was submitted
and the Planning Commission held the first of three worksessions regarding the request.
The revised request included the Avon Street and Grand Piano property, which expanded
the project area by 30.48 acres. The Avon Street property was formerly the City landfill. At
its meeting on September 8, 2004, the Board of Supervisors adopted Comprehensive plan
language to be added to the Neighborhood 4 Profile. This property is currently designated
Community Service/Mixed Use in the Comprehensive Plan.
After a series of worksessions and public hearings, the Board of Supervisors approved
ZMA200600009, 5th Street-Avon Center and SP200700004, 5th Street-Avon Center Parking
Structure on March 12, 2008. This rezoning allowed a regional scale shopping center to be
developed.
CONFORMITY WITH THE COMPREHENSIVE PLAN
This proposal has no bearing on the comprehensive plan use of the property.
STAFF COMMENT
ZONING ORDINANCE CONSIDERATIONS
Regarding the applicable provisions of the Zoning Ordinance, staff notes the following;
31.6.1: Special use permits for uses as provided in this ordinance may be issued
upon a finding by the board of supervisors that such use will not be of substantial
detriment to adjacent property, that the character of the district will not be changed
thereby,
The fill in the floodplain will not change the character of the property from a land use and
zoning perspective. An analysis of the affects on the floodplain shows that impacts are
contained within the property.
and that such use will be in harmony with the purpose and intent of this ordinance,
with the uses permitted by right in the district,
The approved rezoning anticipated areas of floodplain fill to realize the zoning plan.
However, it is noted that discussions during the rezoning process were careful to state that
approval of the rezoning did not imply approval of future special use permits.
with additional regulations provided in section 5,
Section 5 does not appear applicable in this case
and with the public health, safety and general welfare.
The proposed fill has a negligible impact on general public health, safety or welfare.
30.3.03.2: “No development permit shall be issued for any use, structure, activity, fill,
new construction, substantial improvements or other development which in the
opinion of the county engineer would result in any increase in flood levels during the
occurrence of a one hundred year flood discharge.”
According to theoretical models supplied by the applicant, the fill proposed has a negligible
impact upon flood levels. In Area 1, flood levels appear to be primarily controlled by the
constriction at the bridge on Bent Creek Road. Areas 2 and 3 appear to be small enough that
the models cannot differentiate. Area 4 appears to be a backwater up the tributary, which
does not have a significant effect on the flow capacity within Moores Creek.
30.3.05.2.1: BY SPECIAL USE PERMIT WITHIN THE FLOODWAY The following uses
or activities are authorized within the floodway by special use permit:
This use is not permitted within the floodway. The floodway is shown by a cross-hatching
within the floodplain on the FEMA map, which is provided in attachment B for reference.
The floodway, and this ordinance section, appear to apply to small portions of Areas 1 and 4,
and all of Areas 2 and 3. As such, unless the floodway boundary is changed through FEMA,
fill cannot be approved in areas 2 and 3. Fill could be conditionally approved in areas 3 and
4, provided it was demonstrated that no fill is within the floodway on final plans.
30.3.05.2.2: BY SPECIAL USE PERMIT WITHIN THE FLOODWAY FRINGE
1. Uses by special use permit in the floodway.
[…]
3. Landfill permit (reference 30.3.6).
The portions of Areas 1 and 4 that are within the floodplain, or floodway fringe, can be
permitted.
30.3.06.1 PERMIT REQUIREMENTS
In addition to such conditions imposed by the board of supervisors in approval of a
special use permit, a landfill permit approval by the county engineer is required for
the filling of land in the floodway fringe. No permit shall be issued or approved until
the site development plan for such fill of land shall have been submitted to the county
engineer indicating the following requirements have been met:
[…]
2. The filling of land shall be designed and constructed to minimize obstruction to
and effect upon the flow of water and more particularly that:
The fill in Area 4 appears excessive, and does not minimize obstruction. The plan provided shows
the entire tributary filled in. This is unnecessary. The fill should be the minimum necessary to
establish the road crossing, and any stormwater management as shown on rezoning plans. It is also
unclear whether fill has been minimized in Areas 2 and 3, but these areas cannot be permitted with
floodway anyway, so further examination of this is not necessary.
a. Such fill will not, in the opinion of the county engineer, result in any increase in
flood levels during the occurrence of a one hundred year flood discharge;
This requirement has been met, provided FEMA approves the changes to the models.
b. The flood carrying capacity of the watercourse shall be maintained;
This relies on the floodway remaining undisturbed.
c. No fill shall be placed in the floodway;
This will be made a condition of Areas 1 and 4.
3. Fill shall be effectively protected against erosion by vegetative cover, riprap,
gabions, bulkhead or other acceptable method. Any structure, equipment or material
permitted shall be firmly anchored to prevent dislocation due to flooding;
This has not been addressed at this time, but can be a condition for final plans.
4. Fill shall be of a material that will not pollute surface water or groundwater;
This has not been addressed at this time, but can be a condition for final plans. The fill material
should be clean soils, protection from scour or erosion.
5. Where in the opinion of the county engineer additional topographic, engineering
and other data or studies are necessary to determine the effects of flooding on a
proposed structure or fill and/or the effect of such structure or fill on the flow of water
in flood stage, the county engineer shall require the applicant to submit such data or
studies.
This data has been provided for the fill areas. The results of this data were used to assess the impacts
and changes to the floodplain.
30.3.07 AMENDMENT OF THE FLOOD HAZARD OVERLAY DISTRICT
The delineation of the flood hazard overlay district may be revised, amended and
modified by the board of supervisors in compliance with the National Flood Insurance
Program when any of the following conditions are met:
[…]
3. There are changes indicated by FEMA issuance of letters of map amendment
(LOMA) or letters of map revision (LOMR). (Added 2-5-05)
[…]
All such changes are subject to the review and approval of FEMA.
Documenting changes through FEMA is a recommended condition of approval. Approval of the
Special Use Permit effectively changes the Flood Hazard Overlay District subject to FEMA approval
of a LOMA or LOMR.
SUMMARY
Staff has identified the following factors that are favorable.
1. All impacts have been kept on the property.
Staff has identified the following factors that are unfavorable to this request.
1. Floodway impacts
2. Fill is not minimized.
RECOMMENDED ACTION
Staff recommends approval of the special use permit with the following conditions:
1. Fill in Areas 1 and 4, as shown in attachment A, must be demonstrated to be out of the
floodway, or reduced as necessary to be out of the floodway.
2. Fill in Areas 2 and 3, as shown in attachment A, are not part of this approval.
3. Fill in Area 4 must be reduced to the minimum necessary to build the road and any
stormwater management facilities approved with final plans.
4. Final plans and construction shall provide a stable, non-erodable surface for fill materials,
subject to County Engineer approval.
5. The applicant shall obtain Program Authority approval for an erosion and sediment
control plan, and obtain a land disturbance permit according to the Water Protection
Ordinance requirements prior to the start of construction.
6. The applicant shall obtain all necessary federal and state agency approvals (Army Corps
of Engineers, Department of Environmental Quality, etc.).
7. The applicant shall obtain Program Authority approval of a mitigation plan, and provide
mitigation according to the Water Protection Ordinance.
8. The applicant shall obtain approval from FEMA for changes to the floodplain, and update
the FEMA maps.
ATTACHMENTS
A. Attachment_A_5thStrStation_annotated_plan.
B. Attachment_B_5thStrStation_FIRM
Return to PC actions letter
ALBEMARLE COUNTY PLANNING COMMISSION – JANUARY 29, 2013
DRAFT PARTIAL MINUTES - SP-2012-00029 5th Street Station
1
Albemarle County Planning Commission
January 29, 2013
The Albemarle County Planning Commission held a meeting and public hearing on Tuesday, January 29,
2013, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second Floor, 401 McIntire Road,
Charlottesville, Virginia.
Members attending were Cal Morris, Chair; Ed Smith, Rick Randolph, Thomas Loach, Don Franco,
Bruce Dotson, and Mac Lafferty, Vice Chair. Julia Monteith, AICP, Senior Land Use Planner for the
University of Virginia was present.
Other officials present were Andy Sorrell, Senior Planner; Elaine Echols, Principal Planner; Glenn
Brooks, County Engineer; Sharon Taylor, Clerk to Planning Commission & Planning Boards, Wayne
Cilimberg, Director of Planning and Greg Kamptner, Deputy County Attorney.
Call to Order and Establish Quorum:
Mr. Morris, Chairman, called the regular meeting to order at 6:00 p.m. and established a quorum.
Public Hearing Item
SP-2012-00029 5th Street Station
PROPOSAL: Special Use Permit - fill in the flood plain on approximately 87.0+/- acres. No dwellings
proposed.
SECTIONS: 30.3.05.2.1(2), 30.3.05.2.2(1), 30.3.05.2.2(3), which allows fill of land in floodways.
ZONING: PD-SC Planned Development Shopping Center – which allows shopping centers, retail sales
and service uses; residential by special use permit (15 units/acre)
ENTRANCE CORRIDOR: Yes
COMPREHENSIVE PLAN: Community Service/Mixed Use-community-scale retail wholesale, business
and medical offices, mixed use core communities and/or employment services, and residential (6.01-34
units/acre) Neighborhoods 4 & 5.
LOCATION: Northeast intersection of Interstate 64 and Fifth Street Extended (Rt 631), bounded on the
east by Avon Street Extended. Access is Bent Creek Road.
TAX MAP/PARCEL: TMP076M10000002A0, 076M10000002B0, 076M10000004A0, and
0770000000011E0
MAGISTERIAL DISTRICT: Scottsville
(Glenn Brooks)
Glenn Brooks presented a PowerPoint Presentation and summarized the staff report.
This proposal is to obtain approval for areas of fill alongside Moore’s Creek to establish travelways and
parking for the proposed shopping center, and to build a connector road between Avon Street and 5 th
Street.
The Commission last reviewed this site with the rezoning, which was approved by the Board of
Supervisors. This request is for fill in the floodplain that is accomplishing the plan approved with the
rezoning. There have been a few meetings since this staff report was written. Under normal
circumstances they might have done another review on this particular application. However, the applicant
wanted to move ahead since they are under some deadlines. There is some new information that is not in
the staff report.
ALBEMARLE COUNTY PLANNING COMMISSION – JANUARY 29, 2013
DRAFT PARTIAL MINUTES - SP-2012-00029 5th Street Station
2
The applicant’s plan that is an overview of the property shows the floodplain areas proposed to be filled
in a cross-hatched fashion. There is a dash line for the floodplain. The same plan is colored in so it is
easier to read. The blue is the floodplain that comes up into the development on the bridge side where the
existing pond is shown. It comes up next to I-64 where there is a tributary stream coming out behind the
property on the Avon side. The old landfill would be across that ravine. There are some smaller areas up
around the bend in Moore’s Creek at the top of the graphic. Each of those areas has been labeled for
discussion.
Area 1 is the major area of fill for the shopping center entrance and portions of the development on that
side for the travelway and parking areas in the development as shown on the approved rezoning
documents. This area in the floodplain management is fairly controlled by the constriction of the existing
bridge, which is in place on Brent Creek. That area is mainly floodplain storage as water backs up before
it gets under the bridge. They have filled in most of the fringe and tried to keep out of the floodway in
that area. It has mostly been accomplished.
Areas 2 and 3 were lumped together because those are small areas on the inside of the channel and don’t
have a lot of effect on the floodplain or the modeling that predicts the floodplain. The staff report
indicates those are in the floodway because on the FEMA maps they are shown in the flood carrying
capacity of the water course. That is what they define as the floodway. His reading of the zoning
ordinance says he does not have the authority to recommend approval for those. As our ordinance reads
they provide a special use permit for fill in the floodway fringe, but not in the floodway. The floodway
fringe is the floodplain. The closer area in, which is the capacity carrying section of the water course, is
termed the floodway.
Since this staff report was written they have met with the applicant and they have computed a new
floodway line that corresponds better with their model. Therefore, they disagree with the FEMA line.
That would probably place most of Areas 2 and 3 within the floodplain or floodway fringe and not within
the floodway provided FEMA agrees with the applicant. They have sort of a chicken and egg question of
which comes first – the FEMA approval to get it out of the floodway or the County approval that could be
conditioned. At the time he wrote the staff report he just left those areas out and said he did not think he
could recommend approval for those. However, it is still open to debate.
Area 4 is basically for the connector road to cross the ravine to get to Avon Street. When they first did
their modeling they took a theoretical approach and questioned how much of that can they fill in before it
has effects on the floodplain at Moore’s Creek. They can fill in quite a bit of it because it is mostly
coming from a tributary stream, sort of backing up in that stream, and not actually a flood carrying route
for Moore’s Creek. However, that fills quite a bit and one of the charges he typically has under the
ordinance provisions is to try to minimize fill in the floodplain. Therefore, he has cited that in the staff
report and said they should try to limit that just for what is needed for the road and for any stormwater
management provisions they make. They are fine with that. Since they have met the applicant has been
in meetings with the Army Corp and DEQ who have basically said they are not going to permit them to
fill all of that in. Therefore, they have had to constrict it anyway. He thinks that is all agreeable.
However, the applicant can speak to that as well. That covers all of the areas of the proposed fill.
In summary, all of the impacts have been kept on the property. There have been no impacts in the models
that push flood waters either onto the city property over Bent Creek Road or across in the Willoughby
direction.
Staff has identified the following factors that are favorable.
1. All impacts have been kept on the property.
ALBEMARLE COUNTY PLANNING COMMISSION – JANUARY 29, 2013
DRAFT PARTIAL MINUTES - SP-2012-00029 5th Street Station
3
Staff has identified the following factors that are unfavorable to this request.
1. Floodway impacts (Having to do with Areas 1, 2 and Area 4)
2. Fill is not minimized. (In Area 4 where they were trying to restrict the fill to just what was
necessary for the road.)
RECOMMENDED ACTION
Staff recommends approval of the special use permit with the following conditions. Most of the
conditions are standard conditions. Conditions 1 through 3 speak to the various areas.
1. Fill in Areas 1 and 4, as shown in attachment A, must be demonstrated to be out of the floodway, or
reduced as necessary to be out of the floodway.
2. Fill in Areas 2 and 3, as shown in attachment A, are not part of this approval.
3. Fill in Area 4 must be reduced to the minimum necessary to build the road and any stormwater
management facilities approved with final plans.
4. Final plans and construction shall provide a stable, non-erodable surface for fill materials, subject to
County Engineer approval.
5. The applicant shall obtain Program Authority approval for an erosion and sediment control plan, and
obtain a land disturbance permit according to the Water Protection Ordinance requirements prior to
the start of construction.
6. The applicant shall obtain all necessary federal and state agency approvals (Army Corps of Engineers,
Department of Environmental Quality, etc.).
7. The applicant shall obtain Program Authority approval of a mitigation plan, and provide mitigation
according to the Water Protection Ordinance.
8. The applicant shall obtain approval from FEMA for changes to the floodplain, and update the FEMA
maps.
Originally in recommended condition 2 he was keeping Areas 2 and 3 out because they were in the
floodway. That could be changed before they go to the Board if the legal interpretation is that they can
approve those with conditions. In the first condition, in Areas 1 and 4, he just wanted to make sure on the
final plans that they were staying out of the floodway. The third condition was that road crossing and
trying to keep that to a minimum, which he thought was going to also be enforced by the state and federal
agencies. The rest are standard conditions for final plans. The FEMA approval is the federal and state
permits.
Mr. Morris invited questions for staff.
Mr. Randolph asked has FEMA reexamined its consideration of the 100-year floodplain post Sandy.
Mr. Brooks replied that the county received an update from FEMA in 2005.
Mr. Randolph asked if there has been anything he has read about them reexamining it for another update.
Mr. Brooks replied that they have had some requests to do that; however, it had not been scheduled.
Mr. Dodson asked if item #2, which applies to Areas 2 and 3, is essentially saying the recommendation is
to be silent on those and not to deny or approve them.
ALBEMARLE COUNTY PLANNING COMMISSION – JANUARY 29, 2013
DRAFT PARTIAL MINUTES - SP-2012-00029 5th Street Station
4
Mr. Brooks replied he recommended taking Areas 2 and 3 out of the special use permit approval process
because the fill was not within the floodplain, which can be granted a fill in the floodplain special use
permit. His interpretation was that they did not have the authority to approve something in the floodway.
Mr. Dodson said a question that probably the applicant will address is whether it was possible for the
concept to go forward without having those two approved.
Mr. Brooks replied in his talks with them it is. However, it is just a matter of having to come back and do
that. They can grade the internal parts of the site, the hillside, the entrance and road without that.
Mr. Franco asked Mr. Kamptner if they have a legal opinion.
Mr. Kamptner said over the years it looks like the county has changed the way they approach the
proposals to fill in what is now floodway where the applicant wants to go through the FEMA process to
demonstrate that it should be considered floodway fringe or floodplain. He is going through the minutes
right now of one of the most recent applications which went forward in late 2011. He thinks the Board
has taken the position that they want the applicants to go through the FEMA process first before the
Board considers the special use permit for fill in the floodway fringe. In the past they have done that
differently and they had preemptedly approved the special use permits with the requirement that the
applicant attain FEMA approval before they actually do the fill. But they would approve the special use
permit.
Mr. Brooks clarified there were a couple of applications one does with FEMA. He has done one or two of
these. The ones they typically see with a special use permit are permission from FEMA to fill, which is a
conditional letter of map revision or amendment. When one gets a conditional letter with a plan that says
they are going to fill here and this is the effect it is going to have. Then they do the construction and
come back and do a letter of map amendment or a revision which confirms yes the work was done this
way and this is the new floodplain. That is what they usually see. A floodway change is something that
is different. It can be done on a separate application to FEMA. It simply says your data is incorrect, we
think you have the map wrong, here is the correct map, and here is why they think it is so. Then FEMA
can approve that or not. It is a change to the map and not necessarily anything on the ground.
Mr. Kamptner pointed out the Board’s decision on the 2011 application was denial. The main application
before the Board that night was a critical slopes waiver as well. Somebody during the discussion brought
up the Moore’s Creek Yacht Club application, which is very close to this particular application. It appears
this was one of the older applications approved with the requirement for the applicant to go through
FEMA after the special use permit had been granted. Mr. Brooks noted the distinction in that situation
was that the county had already done a lot of modeling of the floodplain limits for that application. He
did not know if that was the same situation here.
Mr. Brooks said that he did not know either. If that was in 1999 he did not know if he was directly
involved in the hearings.
Mr. Kamptner noted that was before the flood maps were amended in 2005. He cannot recall. However,
he knows that Moore’s Creek Yacht Club had to come back for a couple approvals.
Mr. Brooks pointed out that was changing the application plan.
Mr. Randolph asked Mr. Kamptner to explain why the Board of Supervisors wanted FEMA to sign off
first. What was the rationale?
ALBEMARLE COUNTY PLANNING COMMISSION – JANUARY 29, 2013
DRAFT PARTIAL MINUTES - SP-2012-00029 5th Street Station
5
Mr. Kamptner replied the most direct approach would be considering a special use permit to allow fill in
the floodplain. However, it would be contrary to the ordinance at this point because physically the way it
is mapped right now that is not floodplain. It is floodway. There is some inconsistency there. He would
scroll through the minutes to see what more he can pull out.
Mr. Morris invited other questions for Mr. Brooks while Mr. Kamptner reviewed the minutes.
Mr. Lafferty said if they actually leave out Areas 2 and 3 they are not against the restrictions they have if
they define it floodplain instead of floodway.
Mr. Brooks replied that he thinks they are fine in that case if they leave out Areas 2 and 3.
Mr. Randolph asked staff to explain what FEMA will do when they see an application like this. He asked
if this is now a matter of doing computer modeling and looking at a projection based on different storm
conditions, the type of topography, the slope, and the soils. Or are they just looking at maps alone. He
asked how that process works.
Mr. Brooks replied typically FEMA hires a consultant that does these things. They will look at the
modeling since FEMA wants to update their models typically so they will make sure that their model is
used if they have one. They will look at what the new data is. In this case it is all of those things. It is
the topography that is updated from FEMA. The applicant has done a new model, which has updated
parameters which they believe are better than on the original model. So it will be a combination of those
things. He personally does not know exactly what FEMA is reviewing. He has not worked with them
that closely. The letters he has seen come back from FEMA indicate they are looking at all those
parameters.
Mr. Randolph pointed out in the series of maps there is no indication where all of the runoff is going.
This is going to be an impermeable surface for parking in the facility that will be constructed. Where is
the runoff going? He is assuming the runoff is going into Moore’s Creek. He did not recall from the
prior application that they had any detailed information about the quantity of the runoff that was expected
to be generated or where it will be generated and coming into the creek. That would be a factor in terms
of the quantity of water that one would be looking at especially at a 100-year flood in terms of the impact
with the slopes, soils and potential for erosion downstream.
Mr. Brooks said it would be a very small impact at this point in Moore’s Creek. Moore’s Creek is many
square miles. This is a small impact in a 100-year storm event. On an everyday level for small storms
that occur all year, yes it has a big impact. That particular issue is an ancillary issue and not part of the
special use permit. Therefore, he did not address it. It will be part of the site plan and the Water
Protection Ordinance plans that come later. The review has just started. There are three or four areas
where the runoff leaves the site on either side. In Area 1 there is an area where the storm water will leave
the site after it is detained in a large underground detention facility. Then there is an area over by Area 4
where it slows down. There is also an area over by Area 3. However, the applicant can speak to that in
more detail. He has not reviewed those plans. They have different staff reviewing those.
Mr. Franco asked if our Water Protection Ordinance standards would prevent some of the concerns
expressed as far as additional quantity, volume or rate of discharge erosion. Those are all things that they
look at and deal with as part of the site plan process.
Mr. Brooks replied yes, they will be. They have started looking at all of those things. Some of this fill is
to accommodate that. Some of the fill in Area 1, some of the fill possibly in Areas 2 and 3 are to provide
detaining areas for stormwater runoff.
ALBEMARLE COUNTY PLANNING COMMISSION – JANUARY 29, 2013
DRAFT PARTIAL MINUTES - SP-2012-00029 5th Street Station
6
Mr. Lafferty asked what he meant in condition 4 where he says stable, non-erodable surface for fill
materials.
Mr. Brooks replied typically if one is putting fill along a constricted area, like close to the bridge there,
they would want to line it with a material so there will be a rock lining.
Mr. Lafferty asked if it would be like rip rap.
Mr. Brooks replied yes, possibly depending on how close it is to the main channel and how much velocity
they were going to see along that sort of sheer area next to the bank.
Mr. Lafferty asked if that would be addressed in the site plan.
Mr. Brooks replied yes, it could be addressed in the site plan or in the Water Protection Ordinance plans .
The applicants are also going to come back with a mitigation plan to replant some areas of buffer
disturbance and do some things that were proffered with the rezoning.
Mr. Kamptner asked to follow up on Mr. Randolph’s question. As he mentioned earlier, the Badger
application was tied to the critical slopes waiver, which the Board acted on. By denying the critical
slopes waiver the fill in the floodplain issue went away. A couple of Board members did discuss their
concerns about the increase in the velocity of the water in the North Fork and reduction in capacity. The
engineer for the applicant stated that would be part of FEMA’s review and FEMA would have to find it to
be acceptable. Mr. Rooker ended up making the motion. Before making the motion Mr. Rooker said he
was not willing to tell the applicant he would support the fill in the floodplain even if he were to get
approval from FEMA on the floodplain lines because of the impact of the critical slopes and the fill in the
floodplain. So to the extent they can put together the intent for the reasons for the decision – one, the
concern about being consistent with the ordinance and the others really just the desire to have the
applicant get the FEMA approval before they request the special use permit. However, remember it was
tied to the critical slopes waiver in that case.
Mr. Morris opened the public hearing to the applicant and public comment. He invited the applicant to
address the Commission.
Valerie Long, representative for the applicants, said also present this evening was Daniel Heinz with
Bohler Engineering who is the civil engineering firm. Others present include representatives from the
development team, S.J. Collins Engineering. First she thanked Mr. Brooks for his excellent summary.
She obviously was not an engineer, which is why she has Daniel Heinz close by. However, she was
learning more about fill in the floodplain issues. She asked to start with the easy issues essentially as Mr.
Brooks did. Then she would work to the area where she thinks the only issue they would like to discuss is
a revision to condition 2, which affects Areas 2 and 3.
On Area 1 she did not believe there was a condition that applies. They are comfortable with that.
In Area 4 the condition that Mr. Brooks suggests is agreeable to them. It says in essence to
minimize the amount of fill. As Mr. Brooks explained they started with theoretical modeling. At
the time when the engineering firm did the study they did not have all of the data necessary to
figure out how much fill they needed. So they started from a point of, as he described, what the
worst scenario is or what the maximum amount of fill is they can put in before they start affecting
the floodplain. That is what is reflected there. There was no intent to use that much fill since it
was just the best information they had at the time. They now have better data and have already
started to scale back that fill. Therefore, they are very comfortable with the condition of approval
that says they have to minimize the fill in Area 4.
ALBEMARLE COUNTY PLANNING COMMISSION – JANUARY 29, 2013
DRAFT PARTIAL MINUTES - SP-2012-00029 5th Street Station
7
Then they get to Areas 2 and 3. The county has the authority under the zoning ordinance to
approve a special use permit for fill in the floodplain. That does not give the applicant authority
to actually place the fill because they still need approval from FEMA to do that. The process as it
was essentially described is if the county board approves the special use permit for fill in the
floodplain they still go as part of the process to work with FEMA and ask them for permission to
place the fill in the floodplain. Part of that application process is they need to have somethin g
from the county or the locality which indicates that the locality is okay with fill in the floodplain.
The special use permit acts as that notification from the county. However, until FEMA reviews it
and signs off on it there is no fill permitted in the floodplain. Once the fill is permitted and the fill
is placed then the map gets amended. When FEMA says okay you did it the way they told them
then they could update the maps to reflect the changes made to the floodplain. That is the letter
of map revision.
Contrary to the floodplain is the floodway. As Mr. Brooks and Mr. Kamptner have indicated they
interpret the ordinance to not permit any fill in the floodway. They are not asking to put fill in the
floodway where they think the floodway actually is. As they explained the floodway maps that
FEMA publishes are in essence approximate locations of the floodways. They are based on
USGS maps and are done at a scale where they are not as precise as they are when civil engineers
go out into the field with the ground survey and data. So they have the floodway line that FEMA
says is our line. They know it is in this general area. Engineers go out and do actual surveying,
and then refine the correct or actual limits of the floodway. Then as Mr. Brooks said, they
eventually go to FEMA and say please correct your maps since they now have more precise
information as to the actual floodway line location. So what the engineers on our team have
determined is that the areas that they are proposing to place fill in Areas 2 and 3 is within the
floodway if they look at the current not as accurate line. But once they convince FEMA that their
data is more accurate that shows the line further away, they are confident that their fill will not be
within the boundaries of the floodway. What they are asking the Commission and the Board to
do is to revise condition 2 to say that the fill is permitted in Areas 2 and 3 only upon FEMA
acknowledging it is correct where they think the line is and then confirming that the fill where
they are proposing to put it will not be in the floodway. Therefore, they are not asking to put fill
in the floodway. They are just asking it to be conditioned upon the floodway maps being updated
just like they are asking for permission for the floodplain maps to be updated. They don’t
necessarily see a distinction in terms of whether the county has authority for only one but not the
other. They know they have to get FEMA’s permission for both. She reviewed in a PowerPoint
presentation the differences in the lines focusing on Areas 2 and 3.
Daniel Heinz, with Bohler Engineering, handed out an exhibit concerning the proposal entitled Area 2.
Ms. Long explained that Daniel Heinz would walk them through the exhibit. On the exhibit there were
some labels. The black line is the property line. The green line is the existing FEMA 100 -year and 500-
year floodplain line. The blue line is the proposed FEMA 100-year and 500-year floodplain line. The red
line is the redefined FEMA floodway line. The one thing that confused her at first is that there are two
lines, which is because it is on either side of the stream. The only one relevant is the closest one to the
project.
Daniel Heinz, with Bohler Engineering, said currently in Areas 2 and 3 the floodplain line shown in green
is also the floodway line. It is the same as the floodway. There is no floodway fringe shown. So what
they are noting is that with the refined data they have for the cross sections for the topography that the
floodway is actually a little bit further away from the floodplain line (the existing green line) and that is
that red line. It is based on what they are saying is the existing floodway line now.
ALBEMARLE COUNTY PLANNING COMMISSION – JANUARY 29, 2013
DRAFT PARTIAL MINUTES - SP-2012-00029 5th Street Station
8
Ms. Long pointed out in Areas 2 and 3 that the red line is where our data shows the floodway line is
actually located. It shows that there is no fill within the red area. They have it for Area 4 as well, which
is what they are asking. They have a draft condition circulating with the county engineer and county
attorney. She knows they are both busy and have not had a chance to finalize it. There are some
questions about whether they have the authority to allow them to do this without going to FEMA first.
They are happy to continue to work with them on the condition between now and the Board hearing. The
process is they cannot submit to FEMA for the floodplain amendments until they have something from
the county that evidences the county’s support for the fill in the floodplain. Even once they get to that
point with Board approval, they cannot submit until after the Board date in early March. There is a 6 to 9
month window that FEMA has to review and comment on the application. Therefore, they are obviously
very anxious to move forward as fast as they can. That is why they are asking for the Commission’s
consent to allow them to work this out in the meantime.
Mr. Morris invited questions for Ms. Long.
Mr. Lafferty asked the engineer if he did a topo of the area and how many points did he take.
Mr. Heinz replied they have some survey data that was done several years ago all down through that area.
Also, they have aerial flown topo and low flight topo that was taken through that area. They have also
gone down in there multiple times. He would estimate they have 20 cross sections down through the
channel all the way through there.
Mr. Randolph asked if the fill in site 1 is designed partly to reduce the prospect of flooding because of
bridge construction. He asked if it was related to bridge construction there.
Mr. Heinz replied at the moment they are trying to preserve the bridge as much as they can and keep a
minimal impact to the bridge. The grading there is related to the access entry into the site. Right now
there is a very large low lying area that really is in the floodplain simply because of the bridge. The bridge
is creating a bottleneck and causing the water to back up into that area. The reasoning for the fill there is
to get the access into the site coming up the drive once crossing the bridge. He noted the answer to the
question was yes.
Mr. Randolph asked if in terms of the origin of the fill it will be from the site or off site.
Mr. Heinz replied that they are trying to balance the site and keep it all on site.
Mr. Randolph asked if they will use a location where they avoid the landfill.
Mr. Heinz replied yes, they are not intending to impact or cut into the landfill area at all. Everything is
above that.
Mr. Franco said he was looking at the exhibit just handed out compared to the overall plan Mr. Brooks
handed out earlier. It looks like the fill in Area 2 for the most part stays out of the floodplain, but the
limits of disturbance are further in. They are dealing with fill in the floodplain not disturbance. So it
looks like based on these lines it is only a little area and not as big an area as they were showing before.
Mr. Heinz replied that is correct in that the areas have been pulled in quite a bit based on some of the data
they had and just trying to push out and see how far they could get the limits to go before the floodway
and floodplain was raised. The intention was they would never go that far, but just trying to define the
maximum extent. Our proposed design now actually pulls everything in quite a bit both in Areas 2 and 4.
ALBEMARLE COUNTY PLANNING COMMISSION – JANUARY 29, 2013
DRAFT PARTIAL MINUTES - SP-2012-00029 5th Street Station
9
Area 2 there is a possibility of doing a small BMP facility just outside the right -of-way. Again, they were
trying to keep it outside the floodway. That has not been fully vetted out yet.
Mr. Dotson said it sounds like they would be going through an elaborate process no matter what. If they
got an adverse decision what alternate do you have in terms of the site plan and reconfiguring it so that
Areas 2 and 3 don’t even come into play.
Mr. Heinz replied that it would have a pretty significant impact. They would be looking to have to go
back to the drawing board on the site layout and really try to redefine the right-of-way pulling the right-
of-way in over in those areas. They have tried to minimize how far it goes out right now. He believed
they were following a similar alignment from the very original rezoning that was done in 2007/2008.
Mr. Dotson said it would mean the northern most building might have to be repositioned.
Mr. Heinz replied it would probably have to be repositioned, reduced down or completely reconfigured in
some way.
Mr. Dotson asked if the number of parking spaces that have been provided just meet the ordinance
minimum or whether they are in excess.
Mr. Heinz replied that they are just above the ordinance minimum.
There being no further questions for the applicant, Mr. Morris invited public comment
Joan Albiston, member of the Board of the Willoughby Property Owner Association, pointed out they
were directly across the creek from the development. They would like to thank the developers for the
work that they have done to date. She is also a property owner that will look onto this site. She lives at
921 Royer Drive. This development will impact her substantially. She is here primarily as a board
member for Willoughby Property Owner Association. She asked that careful consideration go into
minimizing the disturbance to the floodplain in part for the removal of trees and the buffer between our
neighborhood and this development. She thinks leaving as many trees as possible will help minimize
light pollution and noise pollution. They will be getting more noise from I-64 once they clean off the
trees from the site. She asked that they step back and ask why this grading is being done and does it
really need to be done. . Is it being done to help balance the site as she understands is a possibility. Can
it be tightened up to save some of the riparian border? That is the main thing she is interested in
conveying. She also thinks it is one of the largest areas that she has memory of for disturbance along
Moore’s Creek. Therefore, she thinks it is particularly critical that they do it right.
Marie Christine Wright, resident of Willoughby, said she would be less impacted than Ms. Albiston.
She really enjoys hiking along the creek. She knows a good number of families do. Since this is a
particularly large disturbance she asked that they really take their time and consider the impact on the
future that this will have. She realizes that progress is very important and the d eveloper is anxious not to
delay. However, if they saw fit not to approve before FEMA in the past she sees no reason to change that
now. With respect to Area 4 she would ask they be particularly careful how they interpret minimize
because if it is left up to the applicant it is very easy to start saying that they need this and to push it more
and more.
Willam Faust, resident of Willoughby, said he served on the board and was a citizen of Albemarle
County. When the people who created the Willoughby Subdivision first planned everything they had
included a buffer of over 50 acres to protect us from things like this. That is one of the reasons why he
moved there. He was concerned about this because it is going to possibly impact that buffer. The hiking
ALBEMARLE COUNTY PLANNING COMMISSION – JANUARY 29, 2013
DRAFT PARTIAL MINUTES - SP-2012-00029 5th Street Station
10
trail goes all the way around the subdivision. For example, one of the things he is worried about when
they are cutting trees down are the trees going to fall down across the creek and damage our trees. All of
a sudden it becomes really important to us to have as many trees as possible to continue to form a buffer
for the subdivision to protect them light pollution and sound. He has looked at the plans on line and
printed them out. One of the things he was wondering about is why do they need to have that go in the
back of the subdivision instead of going into the front of it. It seems like it is a back door or a utility road.
He did not understand which way the buildings were going to be facing. He questioned if the developer
has told anybody yet. If this is a road that goes behind all of the buildings it does not make sense. He
asked why they don’t put it in front of the buildings. He questioned if it was because there was a road
already there.
There being no further public comment, Mr. Morris closed the public hearing to bring the matter before
the Commission. He invited the applicant for a five minute rebuttal.
Ms. Valerie Long said they appreciate the comments from the public. She reminded the board as part of
the zoning approval that was approved by the Board of Supervisors in September that among other things
the proffers did include requirements to make sufficient improvements to the stream bank. So they were
also focused on the health of the stream, both aesthetics and function, right along the property boundaries
in Willoughby. They are bound by the provisions of the proffers. They actually have committed to
implement the county’s published stream bank and erosion restoration plan. The county had identified
several years ago areas throughout the county where stream banks were eroding and needed to be
restored. As part of the zoning approvals they proffered to implement that plan in this area. There are
exhibits that are attached to the proffer and they are bound by that. She feels confident that Mr. Brooks
and others on the Site Review Committee Team will be strictly enforcing that as part of the site plan
review.
To respond to the question about the connector road, Ms. Long pointed out the connector road location
had been established long ago. It does partially follow the path of an existing road. It is a challenging
road to build right next to a stream. But they are just following the alignment that had been laid out by
others prior. Again, they are asking for their flexibil ity. They are not asking to place any fill in the
floodway in what they know is floodway. They are asking to be permitted to move forward subject only
to FEMA confirming that their data is accurate. If it is not accurate, then where they are showing fill
going would be fill in the floodway and FEMA won’t let them do it. Therefore, they will have to come
back to the drawing board if their data is not correct. However, they are confident that it is and ask the
Commission’s permission to allow them to move forward to work with FEMA to confirm the accurate
delineation of the floodway line so they can be comfortable that none of our fill will be in the floodway.
Again, they are happy to work between now and the Board hearing if the Commission is inclined to
approve it to hammer out the precise wording of the condition that would allow that.
Mr. Kamptner asked to update the Commission that two weeks ago the Board of Supervisors approved
Castle Hill Ciders request for a special use permit for fill in the fl oodplain. They had actually built the
dam. He recognized the circumstances may be different, but that special use permit included a co ndition
that the applicant shall obtain approval from FEMA for changes to the floodplain and update the FEMA
maps. Again, the circumstances may be different but staff can look at this issue between now and the
Board meeting.
Mr. Morris noted the request was back before the Commission for discussion and action.
Mr. Franco requested to ask the engineer another question. He was still looking at his exhibit that was
passed around. It looks like he had worked hard to pull the impacts up. It looks like all the impacts are
ALBEMARLE COUNTY PLANNING COMMISSION – JANUARY 29, 2013
DRAFT PARTIAL MINUTES - SP-2012-00029 5th Street Station
11
on the landward side of the revised floodplain location. He asked if that is the case because it is har d to
see.
Mr. Heinz replied yes they may not actually push the floodplain line to that ultimate limit. He noted for a
good portion of that they may not need to revise the floodplain location itself. They may actually be able
to pull the grading in. They are trying to pull the grading in as much as they can and minimize that
impact. The one area with this particular location is that they are still looking to possibly do a small bio-
retention filter area just outside that right-of-way. That would go in that area, which then could possibly
cause some grading there. Again, he did not think it would end up pushing the floodplain line out as far as
shown. So the floodplain line would be pulled back in.
Mr. Franco said the proposed floodplain line they are showing is reflective of the proposed fill.
Mr. Heinz said it is reflective of the maximum limit that it could go without causing the floodplain level
to raise. What they have proposed because at the time they did the special use permit they did not have
the final grading. They were still working through the final layouts and grading. So they had looked at
these areas and asked to what extent they could grade without causing the floodplain elevation to rise at
all. That is the county requirement that the floodplain does not rise at all. The blue line reflects the limit
at which they could grade before they saw an impact to the floodplain itself. Their intention has never
been to grade out that far, but rather to keep it in as tight as they can. Therefore, they would minimize it
which is one of the conditions they have. He asked if he answered his question.
Mr. Franco replied sort of, but he was still trying to understand. On the technical side when they modeled
this it reflects fill taking place already. That is what helped create the proposed line. He asked how he
came up with the proposed line.
Mr. Heinz replied they actually had to create several different models. They had to take the existing
FEMA model and duplicate it. Basically creating a duplicate effective model is what they call it. Then
they had to show that they are able to get the same data that FEMA had. Then they corrected that model
based on the better topography that they had and the better data they had for the stream banks and the
vegetation that is in the area and various things like that. They corrected that model to show where they
believed the existing floodplain elevation is using still the same flow data from FEMA’s model, similar
criteria from FEMA’s model, and actually the same cross sections from FEMA’s model just with the
better data. Then from there they applied a proposed grading model where they basically did incremental
analysis showing fill in the floodplain and to what point does it now start causing that floodplain elevation
to rise. So the blue line is the result of that incremental analysis of the proposed grading.
Mr. Franco asked if it was fair to say that the revised floodplain based on better information so the topo
and the better information about the stream banks there the more refined model is somewhere between the
blue line and the existing floodplain.
Mr. Heinz agreed that he was correct that it would be somewhere in that window.
Mr. Franco said he was back to the one question. If the blue line is revised by FEMA the floodplain is
acknowledged to be where the blue line is or the proposed line that he had. Are they filling on the stream
side of that line anywhere?
Mr. Heinz replied the fill would to the extent where the elevations say t hey were at a 400 as what the
model shows. However, the existing grade at that point was a 295. They would have fill that basically
would be coming through that. So maybe there will be a little bit of fill on the inside of that floodplain
line or that blue line.
ALBEMARLE COUNTY PLANNING COMMISSION – JANUARY 29, 2013
DRAFT PARTIAL MINUTES - SP-2012-00029 5th Street Station
12
Mr. Randolph asked Mr. Kamptner if the Commission approves this based on the conditions of staff and
FEMA rejects what is the next step.
Mr. Kamptner replied the Commission will be making a recommendation to the Board. So this will be
going to the Board regardless. If FEMA does not approve the letter of map revision or amendment and
the maps are not changed, then no fill can take place in the areas that are currently designated as the
floodway.
Mr. Dotson asked Mr. Brooks about the impact summary. It says all impacts have been kept on the
property. Does that mean that the entire fill is being placed on the applicant’s own property? He asked if
there are any consequences to water being displaced to a greater extent than it is now onto the property of
others as a result of the fill.
Mr. Brooks replied that it was the latter. The rise in the flood waters and subsequent encroachment
further away from the creek onto other property across Moore’s Creek would be an impact. That is what
he works with the applicant and their models to try and demonstrate are not going to happen. There is not
going to be a rise in the flood waters that would encroach, for instance, further into the c ity on the
properties of Brent Creek Drive or further into the Willoughby buffer area.
Mr. Dotson said to repeat to make sure he understands what he is saying that to the best of his knowledge
that if these proposals were approved there would be no detrimental significant displacement of water
onto properties of others.
Mr. Brooks replied yes, theoretically that is what the models show.
Mr. Dotson noted he was careful to say theoretical. However, he would take it he has significant
confidence in the model.
Mr. Brooks agreed noting there have been a lot of changes to this model since the original FEMA model.
He knows FEMA is often inaccurate. However, he is careful to qualify his statements because he was not
the final authority.
Mr. Dotson noted nonetheless his advice carries with it the implication of some confidence in the models.
Mr. Brooks agreed that he has some confidence that the model will show that the flood plain that FEMA
has given us is too conservative. It is often the case.
Ms. Monteith said her only comment is that they are looking at one kind of exhibit in the staff report and
another kind of exhibit on the screen of different scales and showing different information. She would
suggest that in the future it would be better to have those unified.
Motion: Mr. Randolph moved and Mr. Smith seconded for approval of SP-2012-00029 5th Street Station
with the conditions outlined by staff and to include #2 as presented by staff.
Mr. Morris invited further discussion.
Mr. Franco said that he would still like to understand. Our floodplain is an overlay district and it is
referencing to the FEMA maps. So if they were to approve just enough fill to be in our floodplain and the
map changes does that change. When they approve a special use permit they are saying there can be fill
in the floodplain. If it changes what do they care for referencing FEMA.
ALBEMARLE COUNTY PLANNING COMMISSION – JANUARY 29, 2013
DRAFT PARTIAL MINUTES - SP-2012-00029 5th Street Station
13
Mr. Brooks replied this was his chicken and egg analogy. In every special use permit they have for fill in
the floodplain ultimately the floodplain line changes and by default the overlay district changes with it
and then it no longer applies. So they could theoretically fill in all the floodplains in the county and then
say they are not in the floodplain because the map changed after they did all of that filling. Therefore, he
thinks that is something they have to take under consideration. Keep in mind that FEMA does not often
deny anything. So they don’t mind if someone fills in the floodplain, but that it is done correctly and
update the maps. In fact, our ordinance does not have to be as strict as it is. Our ordinance can allow
development in the floodplain. Many communities do. FEMA has provisions to allow development in
the floodplain, which even includes buildings. If the building is built correctly, someone could build in
the floodplain. So it is really a community’s choice of which parts to enforce and how that affects the
flood insurance program and FEMA’s ultimate models and approvals. However, it is Albemarle
County’s choice. He was not around when that ordinance was adopted to not allow any increases in flood
waters and not allow any development in the floodplain. But, they do it by special use permit all of the
time. It is development in the floodplain and then in cases of fill they often do change the floodplain so it
is not in the floodplain anymore. However, Mother Nature may change that. So it can happen both ways.
Mr. Franco pointed out this situation is a little different from Badger. He thought one of the issues there
was that part of that floodplain area was a greenway or a part of the green system they have. That is not to
say this is not important. But, this does not have the same standing. This is in the development area where
they are trying to encourage it and it is a small amount of fill that is taking place in here. There is a lot of
correction that is taking place to the maps. However, he has been through the process before with FEMA
and they really need to have some kind of indication that the community supports the fill before they will
even really consider it. From his perspective he would like to try to find a way to include pieces 2 and 3
in it so that they signify to FEMA that they are on board with this. Part of the discussion he recalls form
the rezoning was the width of the road, the bike lanes, and some of the other issues that are part of the
design that has forced this out as much as the design of the internal part of the site. So he would like to
find a way to include areas 2 and 3 in the Commission’s recommendation. He asked how others felt
about that.
Mr. Morris asked for comments on that.
Mr. Loach said the motion as it stands is to leave areas 2 and 3 out.
Mr. Morris agreed that was correct. He noted the motion could be amended to be subject to approval of
FEMA.
Mr. Lafferty noted he got two different interpretations about what FEMA does. One interpretation is they
say one gets a letter and they say go ahead and do the construction. So the whole creek could be blocked.
Mr. Brooks replied no, it was not that. They do have some discretion. He was saying generally where all
floodplain lines are shown they don’t affect the water courses directly. The floodway lines they may have
a say. Certainly if they place a bridge and constricting the flow of the river or changing the cou rse they
may object to that.
Mr. Lafferty said he would take it from his comment that FEMA is concerned and would mean that the
blue area on this map would be smaller.
Mr. Brooks replied it was probably so in reality.
Mr. Loach asked for staff’s logic why #2 was worded as such to not be part of the approval.
ALBEMARLE COUNTY PLANNING COMMISSION – JANUARY 29, 2013
DRAFT PARTIAL MINUTES - SP-2012-00029 5th Street Station
14
Mr. Brooks replied his interpretation of the zoning ordinance is they have special use permits for fill
within the floodplain according to the current FEMA map as Mr. Franco was saying. Right now those
are not in the floodplain and not the whole site as he was shown. He was not shown the graphic provided
by the applicant today. The areas were not in the floodplain and he did not think he could recommend
approval.
Mr. Loach asked does the graphic seen tonight change it.
Mr. Brooks said he shares Mr. Franco’s confusion. He wants to be careful because he did not want to
have an application go to FEMA that proposes fill in the floodway such that they have changed the
floodway line. They could do that and FEMA might not object. He wanted to go to FEMA with an
application that says under existing conditions with no fill is our line accurate or inaccurate. If it is
inaccurate and the line is actually closer to the creek then come back and they are not filling in the
floodplain and they can allow it with a special use permit.
Mr. Lafferty asked if they are considering an amendment.
Mr. Franco noted there was not a proposal here yet and he just wanted to get a sense of where the rest of
the Commission is. If this project is something they support as it is being presented, then they need to
give a strong statement to FEMA to say it is something they support. Otherwise, FEMA is going to say
why are we wasting their time and they don’t even want to review it. It comes down to is the project as
proposed a reasonable project. If they had come back and gotten the FEMA line moved that is one of the
questions he was trying to ask before. Did they even need to come to us again since the line has been
moved? If all fill is outside the floodplain then they don’t really even have to come to us. However, there
is still some grading in the floodplain from what he understands. So they would have to come to us. If it
is a minimal amount and they generally think they would support it anyway, he was happy to include it
now as part of the recommendation to the Board. Or, if everybody was not on board with that maybe
what they ought to do is put a strong statement in there with it they would support upon provi ding more
information Areas 2 and 3. He just wanted to send a strong message to FEMA that they were okay here if
it was done to the satisfaction of the county engineer and to FEMA; he was okay with the fill in the
floodplain.
Revised Motion: Mr. Randolph revised the motion for approval of SP-2012-000029, 5th Street Station,
with the recommendations of staff with a change in the language of paragraph 2 to say “fill in flood in
Areas 2 and 3 will be subject to FEMA’s approval of revised floodway on Moore’s Creek.”
Mr. Franco said that the fill in those two areas is approved subject to revision of the FEMA map.
Mr. Randolph amended the motion for approval subject to FEMA’s approval of revised floodway on
Moore’s Creek. He would be very specific, but saying the same thing.
Mr. Franco said he thought that answers the question.
Mr. Smith seconded the amended motion.
Mr. Kamptner suggested the Commission could leave it at staff’s discretion to work out the final language
of the recommended condition.
Mr. Randolph and Mr. Smith agreed with Mr. Kamptner’s suggestion.
ALBEMARLE COUNTY PLANNING COMMISSION – JANUARY 29, 2013
DRAFT PARTIAL MINUTES - SP-2012-00029 5th Street Station
15
The motion passed by a vote of 7:0.
Mr. Morris noted SP-2012-000029, 5th Street Station would be forwarded to the Board of Supervisors
with a recommendation for approval to a date to be determined with the following conditions:
1. Fill in Areas 1 and 4, as shown in attachment A, must be demonstrated to be out of the
floodway, or reduced as necessary to be out of the floodway.
2. Fill in Areas 2 and 3, as shown in attachment A, are not part of this approval.
3. Fill in Area 4 must be reduced to the minimum necessary to build the road and any
stormwater management facilities approved with final plans.
4. Final plans and construction shall provide a stable, non-erodable surface for fill materials,
subject to County Engineer approval.
5. The applicant shall obtain Program Authority approval for an erosion and sediment
control plan, and obtain a land disturbance permit according to the Water Protection
Ordinance requirements prior to the start of construction.
6. The applicant shall obtain all necessary federal and state agency approvals (Army Corps
of Engineers, Department of Environmental Quality, etc.).
7. The applicant shall obtain Program Authority approval of a mitigation plan, and provide
mitigation according to the Water Protection Ordinance.
8. The applicant shall obtain approval from FEMA for changes to the floodplain, and update
the FEMA maps.
9. Change the language of paragraph 2 to say “fill in floodway in areas 2 and 3 will be
subject to FEMA’s approval of revised floodway on Moore’s Creek.” Staff to work out
the final language of the condition.”
On behalf of the Planning Commission Mr. Morris congratulated Ms. Long on being elected President of
the local Chamber of Commerce.
Ms. Long expressed appreciation to Mr. Brooks for his assistance and the time he has put in with their
engineering and project team on this complicated situation.
The Planning Commission took a break at 7:19 p.m. and the meeting reconvened at 7:26 p.m.
(Recorded and transcribed by Sharon C. Taylor, Clerk to Planning Commission & Planning Boards)
Attachment 2 – Bohler Engineering Area 2 Exhibit
ALBEMARLE COUNTY PLANNING COMMISSION – JANUARY 29, 2013
DRAFT PARTIAL MINUTES - SP-2012-00029 5th Street Station
16
ALBEMARLE COUNTY PLANNING COMMISSION – JANUARY 29, 2013
DRAFT PARTIAL MINUTES - SP-2012-00029 5th Street Station
17
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Financial Management Policies
SUBJECT/PROPOSAL/REQUEST:
Update Financial Management Policies
STAFF CONTACT(S):
Messrs. Foley; Letteri and Davis, and Ms. L. Allshouse
and Ms. Burrell
PRESENTER (S):
Lori Allshouse and Betty Burrell
LEGAL REVIEW: Yes
AGENDA DATE:
March 6, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
According to the Government Financial Officers Association (GFOA) guidelines, effective financial policies are
reviewed periodically to ensure they are current. The County’s last major review and update to the County’s Financial
Management Policies occurred in 2000. Three amendments to the Financial Management Policies were adopted by
the Board in August 2012. On December 13, 2012, the Board approved the addition of a policy regarding the School
Division Fund Balance and directed staff to draft a policy for the Board’s consideration.
STRATEGIC PLAN:
This action supports the County’s Mission: “To enhance the well-being and quality of life for all citizens through the
provision of the highest level of public service consistent with the prudent use of public funds” and the County’s Value
of Stewardship: “To honor our role as stewards of the public trust by managing our …financial resources respectfully
and responsibly.”
DISCUSSION:
Since December, staff has drafted a School Division Fund Balance Policy and has conducted a careful review of all of
the County’s Financial Management Policies and recommends updates. These recommendations have been reviewed
by the County’s financial advisors, Davenport and Company, LLC. and are attached (Attachment A). The changes
adopted by the Board in August 2012 are highlighted.
Staff’s recommendations include:
The addition of a School Division Fund Balance policy based on the Board’s direction in December, 2012;
Revisions to ensure the Financial Management Policies accurately reflect the County’s current processes; and
Revisions to clarify policy language and use consistent terminology.
Staff has included these recommended changes in the FY 14 Recommended Budget document. The approved
Policies will be included in the FY 14 Adopted Budget document.
BUDGET IMPACT:
The policy regarding the School Division Fund Balance is anticipated to provide additional funding for the Capital
Improvement Plan. There are no other budgetary impacts.
RECOMMENDATIONS:
Staff recommends that the Board adopt the revised Financial Management Policies as set forth in Attachment A.
ATTACHMENTS:
A – Proposed Revised Financial Management Policies
Return to agenda
PROPOSED UPDATES FEB JAN 2013 COUNTY OF ALBEMARLE, VIRGINIA
FINANCIAL MANAGEMENT POLICIES
STATEMENT OF PURPOSE
The County of Albemarle has a responsibility to its citizens to account for public funds, to manage its finances wisely, and
to allocate its resources efficiently and effectively in order to provide the services desired by the public. The primary
objective of establishing Financial Management Policies is to provide a framework wherein sound financial decisions may
be made for the long-term betterment and stability of Albemarle County. These financial policies also provide guidelines
and goals to guide the short- and long-term financial practices of Albemarle County.
POLICY GOALS
A fiscal policy that is adopted, adhered to, and regularly reviewed is recognized as the cornerstone of sound financial
management. An effective fiscal policy should:
Insulate the County from fiscal crises;
Enhance the County’s ability to obtain short-term and long-term financial credit ability by helping to achieve the
highest credit rating and bond rating possible;
Promote long-term financial stability by establishing clear and consistent guidelines;
Provide the total financial picture of the County rather than concentrating on single issue areas;
Provide a link between long-range financial planning and current operations; and
Provide a framework for measuring the fiscal impact of government services against established fiscal parameters
and guidelines.
OPERATING BUDGET POLICIES
The annual budget will be prepared consistent with guidelines established by the Government Fina nce Officers Association
(GFOA).
The budget must be structured so that the Board and the public can understand the relationship between revenues,
expenditures and the achievement of service objectives.
The goal of the County is to fund all recurring expenditures with recurring revenues and to use non-recurring revenues
only for non-recurring expenses.
The County will maintain an updated fiscal impact model to assess the impact of new development on the future costs of
associated County services.
Utilizing the fiscal impact model, theThe County will develop and annually update a long range (3-5 year) Ffinancial
Planforecasting system, which will include projections of revenues , and expenditures, as well as future costs and the
financing of capital improvements and other projects that are included in the capital budget.
When revenue shortfalls are anticipated in a fiscal year, spending during the that fiscal year must be reduced sufficiently to
offset current yearthe projected revenue shortfalls.
The County will prepare the capital improvement budget in conjunction with the development of the operating budget , in
order to assure that the estimated costs and future impact of a capital project on the operating budget will be considered
prior to its inclusion in the CIP.
The County will develop and annually updates and reviews a the Five Year Financial Plan, which includes a review of
financial revenue trend monitoring system which will examine fiscal trends and expenditures from the preceding 35 years.
Where possible, trend indicators will be developed and tracked for specific elements of the County’s fiscal policy.
The County’s guidelines state that the County will shares 60% of the increase or decrease in new available shared local
revenues with the School Board. has established a Memorandum of Understanding with the School Board regarding the
amount of annual General Fund support received each year, which is currently established at approximately 60% of all new
available local tax revenues. Available shared revenues are revenues that can be used for County and School Division
operations after any increases in debt service, capital improvement program funding, City of Charlottesville revenue
sharing, tax relief for the elderly and disabled, tax refunds and any shared reserves for contingencies.and the Board
reserve fund have been funded. This guideline may will be reviewed annually.
The operating budget preparation process is conducted to allow decisions to be made regarding anticipated resource
levels and expenditure requirements for the levels and types of services to be provided in the upcoming fiscal year. The
following budget procedures will insure ensure the orderly and equitable appropriation of those resources:
PROPOSED UPDATES FEB JAN 2013 COUNTY OF ALBEMARLE, VIRGINIA
The General Government oOperating budget requests are initiated at the department level within target guidelines
set by the County Executive. Priorities of resource allocation of divisions within a department are managed at the
department level. In formulating budget requests, priorit y will be given to maintaining the current level of
services. New services will be funded through the identification of new resources or the reallocation of existing
resources.
Proposed program expansions above existing service levels must be submitted as a budgetary incrementbudget
iniative requiring detailed justification. Every proposed program expansion will be scrutinized on the basis of its
relationship to the health, safety and welfare of the community, amoung other factors, and will to include analysis
of long-term fiscal impacts.
Proposed new programs also must also be submitted as budgetary incrementsbudget initiatives requiring detailed
justification. New programs will be evaluated on the same basis as program expansions, to include analysis of
long term fiscal impacts.
Performance measurement and productivity indicators will be integrated into the budget process as appropriate.
The General Government operating budget is approved and appropriated by the County Board of Supervisors at
the department level. Total expenditures cannot exceed total appropriations of any department within the General
Fund. Changes to the approved operating budget during the fiscal year can be accomplished in any of the
following ways:
Transfers between divisions and line-item expenditures within a General Government Ddepartments are
approved by the heads of the Ddepartments. are approved by the Director of Finance.
Transfers between expenditure accounts in different departments are approved by the Board of
Supervisors or, to the degree the authority is granted by the Board of Supervisorif specifically delegated
by the Board of Supervisors, by the County Executive.
Encumbered funds for active operational purchase orders will be carried forward into the next fiscal year with
subject to the approval of the Board of Supervisors.
The Board of Supervisors appropriates School Division funding in accordance with SectionVirginia Code § 22.1-115 of the
Code of Virginia.
The County will prepare quarterly financial budget reports, monthly financial statements, and annual financial reports.
The Board of Supervisors will adopt the operating budget no later than April 30.
CAPITAL BUDGET POLICIES
The County will approve a multi-yearn annual capital budget in accordance with an approved Capital Improvements
Program. All unspent and unencumbered appropriations allocated for capital projects shall be re -appropriated for
completion of the projects. Upon completion of a capital project, the County Executive is authorized to close out the
project and transfer any unencumbered unexpended residual funds to the Capital Improvement Fund fund balance.
The Board of Supervisors will accept recommendations from the Planning Commission for the five -year Capital
Improvements Program that are consistent with identified needs in the adopted Comprehensive Plan and Capital Facilities
Plan.
The County will coordinate the development of the capital budget with the development of the operating budget so that
future operating costs, including annual debt service associated with new capital projects, will be projected and included in
operating budget forecasts.
Emphasis will continue to be placed upon a viable level of “pay -as-you-go” capital construction to fulfill needs in a Board-
approved Capital Improvements Program.
The County believes in funding a significant portion of capital improvements on a cash basis and will, therefore, strive to
increase incrementally the percentage of its capital improvements financed by current revenues. The County’s goal will be
to dedicate a minimum of 3% of the annual General Fund revenues allocated to the County’s operating budget to be used
as the equity funding portion of the Capital Improvements Program.
Financing plans for the five-year capital program will be developed based upon a five-year forecast of revenues and
expenditures coordinated by a capital improvements technical management team.
The County will begin to inventory maintains a capital facilities facilities inventory and estimates remaining useful life and
replacement costs.
PROPOSED UPDATES FEB JAN 2013 COUNTY OF ALBEMARLE, VIRGINIA
Upon completion of any capital project, remaining appropriated funds in that project will be returned to the undesignated
unassigned capital project fund. Any transfer of remaining funds from one project to anothe r must be approved by the
Board of Supervisors , or if authorized by the Board of Supervisors, by the County Executive . (Amended August 1, 2012)
The County coordinatescollaborates will develop a Memorandum of Understanding with the School Board regarding the
development and coordination of the County’s Capital Improvement Program.m, Coordination cCollaboration includes the
following: which will address the following areas: a) planning for required capital improvements; b) debt ratio targets; c)
debt issuance schedules.
ASSET MAINTENANCE, REPLACEMENT, AND ENHANCEMENT POLICIES
The County will maintain a system for maintenance, replacement , and enhancement of the County’s and School Division’s
physical plant. This system will protect the County’s capital investment and minimize future maintenance and replacement
costs:
The operating budget will provide for minor and preventive maintenance;
Within the Capital Improvement Program, the County will maintain a capital plant and equipment
maintenance/replacement schedule, which will provide a five-year estimate of the funds necessary to provide for
the structural, site, major mechanical/electrical rehabilitation or replacement to of the County and School physical
plant requiring a total expenditure of $10,000 or more with a useful life of ten years or more;
To provide for the adequate maintenance of the County’s capital plant and equipment, the County intends to
increase the percentage of maintenance/repair and replacement capital improvements financed with curre nt
revenues.
REVENUE POLICIES
Re-assessment of real property will be made every year.
The County will maintain sound appraisal procedures to keep property values current. The County’s goal is to achieve an
annual assessment to sales ratio of at least 95% under current real estate market conditions, when the January 1st
assessment is compared to sales in the succeeding calendar year.
The County will maintain a diversified and stable revenue structure to shelter it from short -term fluctuations in any one
revenue year.
The County will estimate its annual revenues by an objective, analytical process.
The County will monitor all taxes to insure that they are equitably administered and that collections are timely and
accurate.
The County will follow an aggressive policy of collecting tax revenues. The annual level of uncollected current property
taxes should not exceed 4%, unless caused by conditions beyond the County’s control.
To the extent possible, the County shall attempt to decrease its dependency on real estate taxes to finance the County’s
operating budget.
The County will, where possible, institute user fees and charges for specialized County programs and services in the
County based on benefits and/or privileges granted by the County or based on the cost of a particular service. Rates will
be established to recover operational as well as capital or debt service costs.
The County will regularly (at least every 3 years) review user fee charges and related expenditures to determine if pre -
established recovery goals are being met.
The County will identify all inter-governmental aid funding possibilities. However, before applying for or accepting either
state or federal funding, the County will assess the merits of the program as if it were to be f unded with local dollars. No
grant will be accepted that will incur management and reporting costs greater than the grant.
Local tax dollars will not be used to make up for losses of inter -governmental aid without first reviewing the program and
its merits as a budgetary increment.
The County will attempt to recover all allowable costs – direct and indirect – associated with the administration and
implementation of programs funded through inter -governmental aid. In the case of state and federally mandated
programs, the County will attempt to obtain full funding for the service from the governmental entity requiring that the
service be provided.
PROPOSED UPDATES FEB JAN 2013 COUNTY OF ALBEMARLE, VIRGINIA
INVESTMENT POLICIES
The County will invest County revenue to maximize the rate of return while maintaining a low level of risk. The County will
invest in conformance with the Virginia Security for Public Deposits Act.
The County will conduct an analysis of cash flow needs on an annual basis. Disbursements, collections, and deposits of all
funds will be scheduled to insure maximum cash availability and investment potential.
The Director of Finance shall maintain a system of internal controls for investments, which shall be documented in writing
and subject to review by the County’s independent auditor.
Contractual consolidated banking services will be reviewed regularly and managedprocured in accordance with the
Virginia Public Procurement Act. reviewed regularly.
ACCOUNTING, AUDITING, AND FINANCIAL REPORTING POLICIES
The County will establish and maintain a high standard of accounting practices in conformance with the Uniform Financial
Reporting Manual of Virginia and Generally Accepted Accounting Principals (GAAP) for governmental entities as
promulgated by the Governmental Accounting Standards Board.
Regular quarterly financial statements and annual financial reports will present a summary of financial activity by
governmental funds.
An independent firm of certified public accountants will perform an annual financial and compliance audit according to
generally accepted auditing standards; Government Auditing Standards issued by the Comptroller General of the United
States; and Specifications for Audit of Counties, Cities and Towns issued by the Auditor of Public Accounts of the
Commonwealth of Virginia.
The County will maintain an audit committee comprised of the County Executive , or designee, the Superintendent of
Schools, or designee, the Director of Finance , two members of the Board of Supervisors members and one School Board
member. The committee’s responsibility will be to review the financial statements and results of the independent audit
and to communicate those results to the Board of Supervisors.
The County will annually seek the GFOA Certificate of Achievement for Excellence in [Financial] Reporting.
DEBT POLICIES
The County will not fund current operations from the proceeds of borrowed funds.
The County will manage its financial resources in a way that prevents borrowing to meet working capital needs.
The County will confine long-term borrowing and capital leases to capital improvements or projects that cannot be
financed by current revenues.
To the extent feasible, any year that the debt service payment falls below its current level, those savings will be used to
finance one-time capital needs.
When the County finances capital improvements or other projects through bonds or capital leases, it will repay the debt
within a period not to exceed the expected useful life of the projects.
The County’s debt offering documents will provide full and complete public disclosure of financial condition and operating
results and other pertinent credit information in compliance with municipal finance industry standards for similar issues.
Recognizing the importance of underlying debt to its overall financial condition, the County will set target debt ratios
which will be calculated annually and included in the annual review of fiscal trends:
Net debt as a percentage of the estimated market value of taxable property should not exceed 2%; and
The ratio of debt service expenditures to General Fund and School Fund revenues should not exceed 10%
(Amended October 11, 2000).
The County intends to maintain a 10 year payout ratio at or above 60% at the end of each adopted five -year CIP for tax-
supported debt and lease payments. When the County finances capital improvements or other projects through bonds or
capital leases, it will repay the debt within a period not to exceed the expected useful life of the projects. (Amended
August 1, 2012)
PROPOSED UPDATES FEB JAN 2013 COUNTY OF ALBEMARLE, VIRGINIA
FUND BALANCE OR RESERVE POLICIES
The fund balance is built over years from savings to provide the County with working capital to enable it to finance
unforeseen emergencies without borrowing.
The County will maintain a fund balance for cash liquidity purposes that will provide sufficient cash flow to minimize the
possibility of short-term tax anticipation borrowing.
The undesignated fund balance, plus the designation for fiscal cash liquidity purposes, at the close of each fiscal year
should be equal to no less than 8% of the County’s total operating budget, which includes the General Fund plus the
School Fund (Amended October 4, 2000).
The County does not intend, as a common practice, to use General Fund equity (undesignated unassigned fund balance) to
finance current operations. If circumstances require the use of the unassigned fund balance that causes the balance to fall
to a point below the 10% target level, the County will develop a plan during the annual budget adoption process to
replenish the unrestricted fund balance to the 10% target level over a period of not more than three (3) years.
The undesignated fund balance At the close of each fiscal year, the unassigned General Fund fund balance , plus the
designation committed fund balance available for fiscal cash liquidity purposes, at the close of each fiscal year should be
equal to no less than 8% 10% of the County’s total operating budget revenues, which includes the General Fund plus the
School Fund. Funds in excess of the required undesignated unassigned fund balance may be considered to supplement
“pay-as-you-go” capital expenditures or as additions to the fund balance. (Amended October 11, 2000; August 1, 2012)
Funds in excess of the required undesignated unassigned fund balance may be considered to supplement “pay as you go”
capital expenditures or as additions to the fund balance.
The County should contribute to Capital Reserve periodically to provide flexibility in meeting debt service and capital
requirements and to mitigate tax rate increases re lated to future capital projects (Amended October 11, 2000).
At the close of each fiscal year before the County’s audit is complete, all non -appropriated School Operating Fund fund
balance will be transferred into the General Fund-School Reserve Fund.
The Board of Supervisors will maintain in the General Fund -School Reserve Fund an amount not greater than 2% of the
current year’s School Division adopted operating budget. These funds will be available for School Division purposes
subject to appropriation by the Board of Supervisors.
The Board of Supervisors will transfer any funds in excess of that 2% to the CIP on an annual basis unless otherwise
determined by the Board of Supervisors. (Concept approved by the School Board and the Board of Supervisors on
December 13, 2012).
Adopted: October 5, 1994
Amended: October 11, 2000; August 1, 2012
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Industrial Hemp Farming Act of 2013
SUBJECT/PROPOSAL/REQUEST:
Adopt Resolution in support of the Industrial Hemp
Farming Act of 2013
STAFF CONTACT(S):
Messrs. Foley, Davis and Sellers
PRESENTER (S): Mr. Foley
LEGAL REVIEW: Yes
AGENDA DATE:
March 6, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
On January 9, 2013, James Politis, Chairman of the Board of Supervisors of Montgomery County, Virginia, made a
presentation to the Board regarding industrial hemp farming. Mr. Politis stated that at VACo’s Annual Meeting, 84 out of
85 voting counties voted to support the measure as part of their legislative priority list. At that time, the Board directed staff
to provide additional information for its consideration at an upcoming Board meeting.
Mr. Politis’s presentation and additional material is available at the following link:
http://www.albemarle.org/upload/images/Forms_Center/Departments/Board_of_Supervisors/Form s/Agenda/2013Files/010
9/21.0_IndustrialHemp.pdf.
STRATEGIC PLAN:
Goal 3. Encourage a diverse and vibrant local economy.
DISCUSSION:
In response to the Board’s request for additional information, Colonel Sellers has provided research conducted by his
staff (Attachment A) and a copy of a letter written by Mark Sisson, the Chief of Police in Christiansburg, Virginia to the
Town Manager regarding hemp farming (Attachment B). The proposed resolution regarding the adoption of the
Industrial Hemp Farming Act of 2013 by Congress is enclosed for your consideration (Attachment C). Staff has
updated the resolution presented by Mr. Politis to reflect the correct references to legislation now pending before the
United States Congress.
BUDGET IMPACT:
No immediate budget impact is anticipated.
RECOMMENDATIONS:
If the Board supports federal legislation to legalize industrial hemp farming, the resolution proposed by Mr. Politis, as
updated by staff, is presented for the Board’s consideration.
ATTACHMENTS:
Attachment A – Memorandum from Colonel Sellers and Major Parrent, Facts about Hemp
Attachment B – Memorandum from Mark Sisson, Christiansburg Police Department, Hemp Farming
Attachment C – Resolution
Return to agenda
ACCREDITED LAW ENFORCEMENT AGENCY
COUNTY OF ALBEMARLE
POLICE DEPARTMENT
*****************
MEMORANDUM
To: Colonel Steve Sellers and Major John Parrent
From: Sergeant Tim Aylor
Date: February 11, 2013
Subject: Facts about Hemp
Hemp
Currently more than 30 nations permit the growing of industrial hemp.
China, Europe, and Canada are the main hemp cultivation areas in the world.
Hemp and marijuana are different varieties of the same species, Cannabis Savita. Marijuana typically
contains 3 to 15 % of the psychoactive ingredient delta-9-tetrahydrocannabinol (THC) on a dry weight
basis. Hemp contains less than 1 %. However, they are indistinguishable by appearance.
Marijuana and hemp are harvested at a different time. Cross pollination between hemp plants and
marijuana plants would significantly reduce the potency of a marijuana plant.
Several studies claim that no one could get high from smoking hemp due to the low levels of THC.
However, one could test positive for marijuana in a blood/urine test.
Controlled Substance Act (CSA) - The CSA classifies marijuana in the first category of schedules,
placing it among the most harmful and dangerous drugs. The Drug Enforcement Administration views
industrial hemp containing .3 % THC the same as marijuana grown for drug use.
Officers coming into contact with hemp that is used for smoking would likely treat it as marijuana.
Hemp would field test positive for marijuana. The smell of burning hemp smells like burning
marijuana.
K-9 Drug dogs are trained to alert on the unique smell of marijuana. Therefore, it is conceivable that a
dog would have a positive hit on hemp as marijuana.
In speaking with Denise Lunsford of the Albemarle County Commonwealth Attorney’s Office,
Lunsford stated that if hemp was seized by an ACPD officer, she would treat it as a marijuana
seizure. Lunsford said that hemp would field test positive for marijuana because of the THC content.
Lunsford explained that several cases in Albemarle General District Court end with a guilty plea on
the field test of the officer. According to Lunsford, if citizens claim the seizure was hemp, it would
not be cost effective for the state lab or the court system.
In speaking with Ron Huber (Assistant US Attorney), Huber stated that he has no position on hemp.
(Some of this information was obtained from www.drugwarfacts.org)
Impacts on Local Law Enforcement
Drug dogs would falsely indicate on hemp (for marijuana), hampering some drug enforcement efforts
State Police marijuana “spotters” would be hampered by aerial efforts toward enforcement
No impact on workload
Current field drug testing equipment cannot differentiate between hemp and marijuana, causing state
forensics lab to see an increase in analysis requests
Legalization would require updated legal training for all police officers to ensure proper criminal
procedures are followed and to prevent liability.
Return to exec summary
Date: 19 January 2012
To: Barry Helms; Town Manager
From: Mark A. Sisson
Ref: Hemp farming
At present the issue regarding legalization of hemp for industrial use remains a subject of debate
and controversy nationally. Advocates will state that there are numerous uses for hemp products,
that they are superior to other textile based industrial products and that hemp is more
environmentally friendly than other paper/textile products. They also cite the potential
economic/employment benefits of industrial hemp production.
Presently, the federal government regulates the growth of hemp for industrial use making it
illegal without first obtaining a permit from the Drug Enforcement Administration (DEA). The
National Drug Control Strategy cites several reasons for this including the difficulty in
distinguishing between hemp plants and marijuana plants visually, the potential interference of
hemp products with drug testing procedures and the fact that legalization of hemp may be the
start down a slippery slope toward the full-spectrum legalization of marijuana. Consumption of
legally produced hemp-based foods has already been used as justification for failed drug tests in
both employment and criminal justice settings. This is not a legitimate defense, but there is such
a lack of knowledge about the topic that some officials will accept this erroneous assertion as
legitimate.
Given that the two materials come from what is scientifically the same plant, legal arguments
have already been floated asserting that legalizing hemp would constitute a future legalization of
marijuana. Furthermore, the vast majority of the populace lacks the knowledge of this topic to
differentiate between the legalization of hemp and the legalization of marijuana. In fact, a non-
scientific Google search of “hemp” or “legalizing hemp” or “industrial hemp” yields as many if
not more web sites and forums dedicated to the legalization of marijuana than it does sites
addressing hemp. Given this confusion, the public often perceives discussions or actions toward
legalizing hemp as the legalization of drugs. Governing bodies that pursue this course should be
prepared to deal with the perception that they favor legalizing drugs, even if that perception is
not accurate or is based on faulty information.
CHRISTIANSBURG POLICE DEPARTMENT
Mark A. Sisson, Chief of Police
10 East Main Street
Christiansburg, Virginia 24073
Telephone (540) 382-3131
Fax (540) 382-0877
During my research, I made contact with the local DEA Office, located in Roanoke, Virginia.
This initiation was to solicit an official opinion regarding this issue. The DEA response was
simple. Hemp does contain THC and it is illegal to grown in the United States. Although some
localities have passed ordinances to allow this activity, DEA approval must also be granted.
DEA will not issue a registration for the growing of industrial hemp.
I also spoke with Sheriff Whitt regarding this issue, since it appears the proposed hemp farming
would be in his jurisdiction. Sheriff Whitt provided that he did not support hemp farming in
Montgomery County.
It should be noted that the provided information is only a cursory review of the facts surrounding
the issue of legalized hemp production for industrial use. A more in-depth analysis and
coordination with DEA is recommended prior to establishing long-term policy initiatives. With
my limited exposure to this issue, it is difficult for me to make a concrete recommendation to
either side of the debate. I would say that from a law enforcement perspective, I do have some
concerns. My concerns would be those documented in this correspondence and the current
position of the Drug Enforcement Administration and the Montgomery County Sheriff’s Office.
If I can be of future assistance, please let me know.
Return to exec summary
1
RESOLUTION URGING THE 113TH CONGRESS
TO ADOPT THE INDUSTRIAL HEMP FARMING ACT OF 2013
WHEREAS, the industrial hemp industry has recently experienced a revitalization with
worldwide hemp sales continuing to increase; and
WHEREAS, faltering agricultural economics in a number of states have created pressure to
investigate alternative crops, including industrial hemp; and
WHEREAS, industrial hemp’s three raw materials – fiber, hurds and seeds, can be used in more
than 25,000 products, including textiles, rope, cellulose plastics, resin, particle board, paper products,
shampoo, vitamins and oil; and
WHEREAS, the histories of the United States and Virginia are replete with examples of the
utility of and dependence on industrial hemp, which was legally cultivated in Virginia and many other
states until the late 1930’s; and
WHEREAS, although industrial hemp is derived from the Cannabis Sativa plant, it is distinctive
from its better known relative, marijuana, in that it contains less than one percent of the chemical
responsible for its psychoactive properties; and
WHEREAS, under the current United States drug policy, all Cannabis varieties, including hemp,
are considered Schedule I controlled substances under the Controlled Substances Act, and as such, the
growing of industrial hemp is controlled and strictly regulated by the U.S. Drug Enforcement
Administration (DEA); and
WHEREAS, the growing of industrial hemp in the United States has been allowed only by a
federal permit issued by the DEA, and the conditions of such a permit are so restrictive as to make the
experimental cultivation of hemp essentially impossible; and
WHEREAS, the Virginia General Assembly in 1999 urged the federal government to revise the
necessary regulations so as to permit the controlled experimental cultivation of industrial hemp in
Virginia; and
WHEREAS, the National Farmers Union (NFU) has urged the President, the Attorney General,
and Congress to direct the DEA to differentiate between industrial hemp and marijuana and adopt a policy
to allow American farmers to grow industrial hemp under state law without requiring DEA licenses; and
WHEREAS, the National Association of State Departments of Agriculture supports revisions of
the federal rules and regulations authorizing commercial production of industrial hemp and has urged the
DEA to develop and adopt an official definition of industrial hemp that comports with definitions
currently used by countries producing industrial hemp; and
WHEREAS, the Industrial Hemp Farming Act of 2013 (House Resolution 525 and Senate Bill
359) have been introduced in the 113th Congress with the intention of removing Industrial Hemp as a
Schedule I controlled substance under the Controlled Substance Act and allowing the State Legislatures to
license and regulate the commercial production of hemp as an industrial and agricultural commodity; and
WHEREAS, the Albemarle County Board of Supervisors hereby supports the adoption of the
Industrial Hemp Farming Act of 2013 by Congress in order to facilitate the commercial cultivation of
industrial hemp by granting the states the necessary authority to license and regulate the production of
hemp as an industrial and agricultural commodity.
2
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County,
Virginia that the Board of Supervisors hereby urges the 113th Congress to adopt the Industrial Hemp
Farming Act of 2013 and grant the States the authority to license and regulate the production of industrial
hemp as an industrial and agricultural commodity which in turn will open the market for farmers,
businesses and entrepreneurs in the emerging and fast growing hemp industry.
Return to exec summary
Memorandum
______________________________________________________________________________
TO: Members, Board of Supervisors
FROM: Travis O. Morris, Senior Deputy Clerk
DATE: March 5, 2013
SUBJECT: Boards and Commissions Vacancy and Reappointment List
______________________________________________________________________________
Attached, please find an updated listing of vacancies for boards and commissions through March 5, 2013.
Appointments that need to be made at this time are to the Crozet Community Advisory Council, Jefferson Area Board
for Aging (JABA), and Village of Rivanna Community Advisory Council.
Listed below are the names and term expiration dates of individuals who wish to be appointed and/or reappointed to
the respective committees:
Crozet Community Advisory Council:
Mary Gallo, term expires March 31, 2013
John Savage, term expires March 31, 2013
Beth Bassett
Jason Nichols
Jennifer Lafferty More
Jefferson Area Board for Aging (JABA)
Constance Palmer, term expires March 31, 2013
Robert Gest III, term expires March 31, 2013
Richard Lindsay, term expires March 31, 2013
Village of Rivanna Community Advisory Council:
Richard Wagaman, term expires March 31, 2013
Carole Milks, term expires March 31, 2013
Paula Pagonakis, term expires March 31, 2013
Dennis Odinov, term expires March 31, 2013
View attachment
Return to agenda
MEMBER
TERM
EXPIRES
NEW TERM
EXPIRES
WISH TO BE
RE-APPOINTED?
DISTRICT IF
MAGISTERIAL
APPOINTMENT
Acquisitions of Conservation Easements (ACE)Bill Edgerton 8/1/2012 8/1/2015 No Advertised, No applications recv'd
Agricultural & Forestal District Advisory Council Steve Murray 4/17/2012 4/17/2016 No Advertised, No applications recv'd
Agricultural & Forestal District Advisory Council Mark Gorlinsky 5/5/2010 4/17/2014 Resigned
Crozet Community Advisory Council Chuck Johnston 3/31/2012 Resigned Advertised, 2 application recv'd
Crozet Community Advisory Council Meg Holden 3/31/2013 3/31/2015 Ineligible
Crozet Community Advisory Council Mary Gallo 3/31/2013 3/31/2015 Yes
Crozet Community Advisory Council Lucy Goeke 3/31/2013 3/31/2015 waiting on response
Crozet Community Advisory Council John Savage 3/31/2013 3/31/2015 Yes
Crozet Community Advisory Council Kelly Strickland 3/31/2013 3/31/2015 Ineligible
Crozet Community Advisory Council Charles Mitchell 3/31/2013 Resigned
Crozet Community Advisory Council Following application received:
Beth Bassett
Jason Nichols
Jennifer Lafferty More
Equalization Board Alan Collier 12/31/2012 12/31/2013 Ineligible Advertised, No applications recv'd
Fire Prevention Board of Appeals Christopher Dumler 11/21/2012 Resigned Advertised, No applications recv'd
Fire Prevention Board of Appeals Burton Webb 11/21/2012 Deceased
Fiscal Impact Advisory Committee Terry Rephann 7/8/2012 7/8/2014 No Advertised, No applications recv'd
JABA Constance Palmer 3/31/2013 3/31/2015 Yes
JABA Richard Lindsay 3/31/2013 3/31/2015 Yes
JABA Robert Gest 3/31/2013 3/31/2015 Yes
Natural Heritage Committee John Foster 9/30/2011 9/30/2015 No Advertised, No applications recv'd
Natural Heritage Committee Diana Foster 9/30/2011 9/30/2015 No
Natural Heritage Committee Phil Stokes 9/30/2011 9/30/2015 No
Natural Heritage Committee DeMellon Forest 9/30/2012 9/30/2016 No
Natural Heritage Committee Jim Byrom 9/30/2012 Resigned
Natural Heritage Committee Christopher Dumler 9/30/2013 Resigned
PRFA Joseph Henley 12/13/2011 12/31/2014 No Advertised, No applications recv'd
Rivanna Solid Waste Authority Cit. Adv. Comm.Jeffery Greer 12/31/2010 12/31/2012 Ineligible, Joint City/County Advertised, No applications recv'd
Rivanna Solid Waste Authority Cit. Adv. Comm.Vincent Day 12/31/2013 Resigned
Village of Rivanna Community Advisory Council Richard Wagaman 3/31/2013 3/31/2015 Yes
Village of Rivanna Community Advisory Council Carole Milks 3/31/2013 3/31/2015 Yes
Village of Rivanna Community Advisory Council Paula Pagonakis 3/31/2013 3/31/2015 Yes
Village of Rivanna Community Advisory Council Dennis Odinov 3/31/2013 3/31/2015 Yes
Village of Rivanna Community Advisory Council Steve Runkle 3/31/2013 3/31/2015 No
Workforce Investment Board Sue Goldman 6/30/2012 6/30/2013 No Recommendations to come from TJPED
Revised 03/05/2013
1
Executive Summary
Counting the Costs and Benefits of Growth :
A Fiscal Impact Analysis of Growth in the
City of Charlottesville and Albemarle County, Virginia
Prepared for
Advocates for a Sustainable Albemarle Population (ASAP)
December 2012
Principal Investigator: Craig Evans
with editorial assistance by David Shreve
and research assistance from University of Virginia interns
Kelsey Kerle-O’Brien, Clark Belote, Caitlyn Campbell,
Desiree Moore, and Selena Hilton-Aragon
It is widely assumed in the United States that community populations need to grow in order to
maintain economic health. From a purely fiscal perspective, proponents of this view assume that
growth pays for itself, underwriting bigger and better schools, roads, water and sewer facilities, and
more effective public safety services.
But is this true? While economies of scale confer fiscal advantages to communities up to a point, and
dense urban populations can be managed more efficiently than sprawling suburban settlements, is
there a threshold size above which the benefits of growth for a locality no longer exceed the costs?
This analysis examines whether population growth in the City of Charlottesville, Virginia, and the
surrounding County of Albemarle, pays for the additional services commanded by such growth—even if
it is managed by “smart growth” strategies or the selection of “targeted” industries. This study,
sponsored by Advocates for a Sustainable Albemarle Population (ASAP), has two objectives:
To estimate the local fiscal costs and benefits of growth by specific land use category, and also
by hybrid combinations of land-use categories that better reflect the way costs are connected to
where citizens live, work, and play; and
To illustrate how such cost-benefit ratios can help the localities make better land use decisions
regarding potential future growth.
As a fiscal analysis (rather than a broader economic analysis), the research focuses exclusively on the
revenues that are determined and controlled by local governments (including the state and federal
revenues that they determine or control) and the costs that are incurred by these local governments
through the public services they provide.
2
The study consists of five sets of calculations, each examining the city and the county independently
using publicly available data sets from each locality for the fiscal years between 2006 and 2009 as well
as from Virginia state sources. The primary analysis considers only locally generated revenues in each of
ten land use categories (e.g., single family homes, commercial, agriculture). Secondary calculations:
differentiate revenue by sub-types of commercial and industrial development;
expand the local revenue stream to include state and federal sources; and
estimate a new home’s hypothetical value if its tax revenue were to fully offset the additional
public services its residents incurred.
Among the most significant findings are the following:
1. As the table below illustrates, most land uses do NOT pay their way: they do not generate
sufficient government revenues to pay for the public services they require. This is because new
area residents require services that increase local government costs more than the additional
local revenue they contribute. It also is because the deficits created by this growth cannot be
offset by other more fiscally advantageous but far less predominant land uses.
For every $1 generated in revenue (based on 2008-2009 data), the services required by different land
use categories in Albemarle County and the City of Charlottesville incur the following costs:
Land Use Categories Albemarle County Charlottesville
Single Family Homes $1.28 $1.24
Multi-Family Homes $1.96 $1.59
Mobile Homes $2.16 N/A
All Residential Land Uses Combined $1.41 $1.37
Commercial $0.51 $0.47
Industrial $0.44 $0.44
Institutional (e.g., hospitals, libraries, churches) $1.53 $1.24
University of Virginia (UVA) $1.03 $1.28
Agriculture $0.20 N/A
Open Space/Recreation $1.28 $1.64
Vacant Lands not available $0.19
All Land Uses Combined $1.24 $1.17
3
2. Even the three types of land use—commercial, industrial, and agricultural—that appear to pay
their way cannot be expanded within Albemarle or Charlottesville to convey any marked fiscal
advantage. There are two reasons for this:
a. New industrial and commercial enterprises characterized by positive revenue-to-cost
ratios cannot, in most cases, recruit workforces solely from among the unemployed
and underemployed residents of Albemarle County and Charlottesville. Because these
businesses tend to have the greatest technological complexity and skilled labor
requirements, they tend to recruit a significant part of their workforce from outside the
region. This adds new residents and new per capita costs (e.g., for schools), which also
tend to wash out the favorable revenue-to-cost ratios associated with these enterprises.
b. Agricultural land cannot be reclaimed from land now used for residential and
commercial purposes. To maintain its current benefits, farmland can be most wisely
targeted only for preservation.
3. The “break-even” price of a new home—the price at which a residential unit will generate
enough local revenue to offset the additional public service costs incurred as a result of that
new household—is $668,761 in Albemarle County. This represents the average price at which
all future homes must be sold to avoid an increase in the current locally generated fiscal deficit.
Thus, to offset the fiscal gaps caused by population growth, a strategy of recruiting new
residents of significant wealth and income depends on unattainable targets.
Another concept is the “compensating” price. Reflecting the price of homes that must be sold to
generate enough local revenue to pay for the services demanded by all residents and
enterprises, this price represents an even less realistic target. This study calculated that to make
up for current locally generated deficits, the next 2,000 homes sold in Albemarle County must
each be priced at an average of $2.7 million. This price reflects the current cumulative cost of
growth.
4. Albemarle County’s proffer calculations greatly underestimate the real costs of additional new
developments. This is true even after projected tax revenues from the new enterprises are
added, and even after the marginal environmental and infrastructure costs are ignored. The
county’s current proffer formula does not count all the costs of new development, understates
others, and overstates anticipated revenues.
5. Continued population growth in the city or county will generate even less favorable ratios of
revenues-to-public-service-costs than the current ratios reported in this study. This will
happen because increased population density eventually requires increasingly complex public
service structures, which carry rising per capita costs. Even without accounting for this
complexity, and due to the rising share of residential public service costs in the overall land use
mix, the fiscal deficits connected to local revenues and local costs only will worsen with
additional population growth. For example, at a hypothetical population of 200,000 (the city
and county together now have about 140,000 residents), the prevailing 2008-2009 ratio of
public service costs to revenues generated for all land uses in Albemarle County would rise by
approximately 16 percent, from $1.24 in costs per revenue dollar to $1.45.
4
6. In devising the calculations for the analyses in this study, it became clear that the revenue-to-
cost ratios generated here underestimate the real costs of growth. This is because these
analyses cannot include two prominent cost factors:
a. Expenses for deferred infrastructure improvements and maintenance are not available
from Charlottesville or Albemarle local governments, and appear to be ignored by the
localities until accumulating deficits produce obvious failures or crises; only priority
capital needs are acknowledged and counted.
b. Despite advances in environmental economics, most costs of environmental
degradation cannot yet be reliably quantified in dollars. This component of the
revenue-to-cost formula is therefore excluded. (For an example of a successful effort to
monetize such impacts, see the 2009 ASAP research report “Estimating Impacts of
Population Growth on Ecosystem Services” by Jantz and Manuel.)
Moreover, this analysis—like other research with similar goals—makes no attempt to assign a
dollar value to changes in the character of a community or the quality of life of its residents.
These results are generally consistent with fiscal analyses in growing communities around the USA,
including those in this region and other Virginia localities.
For policymakers and planners in Albemarle County and Charlottesville, the findings of this study have
several clear public policy implications:
Planners and decision makers at city and county levels should abandon the discredited belief
that fiscal benefits of growth exceed the costs. Since population growth cannot pay for itself in
all but the most unrealistically controlled circumstances, economic development (e.g., the
encouragement of new businesses and the population growth that accompanies them) should
not be pursued as a remedy for fiscal shortfalls.
As local government bows to outside forces exerting pressure to increase local population (e.g.,
targeted “economic development,” or state demands for expansion of the University of Virginia
mission and scope), per capita costs for services and infrastructure also will increase. To avoid
an erosion of services and the decline of the area’s quality of life in the face of population
growth, local (or local and state) tax structures must be made more progressive and
responsive. Without such structural change, tax rates must rise or local government-provided
services and infrastructure must decline.
In local decisions about land use and population growth (e.g., reviews of permit requests,
comprehensive plan decisions about zoning densities, calculations regarding appropriate
proffers) the costs of environmental degradation—though difficult to quantify—must be
recognized. Because the potential for remediation (through urban forestry, conservation, etc.)
is limited, ultimately no effort, no matter how expensive, will be able to offset or undo the
degradation connected to population growth.
The number and percentage of workers that are likely to be recruited from outside of current
city and county populations must be taken into account when permits for new industries are
considered, and when the overall fiscal benefits and costs of these industries are calculated.
(This is neglected in the county’s Target Industries Study.)
5
Because the county’s proffer program is inadequate as a means of filling the gap between the
true costs of new development and its local revenue-generating potential, the calculation of
proffers needs to be revisited. To close the increasingly large fiscal gap between revenue from
new homes and businesses and the costs they impose on county government, consideration
should be given to implementing full-cost proffer calculations, increasing general taxes,
instituting stricter approval criteria of new developments, or some combination of these.
“Smart growth” principles (aimed at improving human settlement patterns in ways that slow
human expansion into natural areas, foster a sense of community, reduce the need to drive, and
facilitate public transportation) can, as growth continues, help slow ecological impacts and delay
infrastructure costs. Decision-makers at the community level should recognize, however, that
“smart growth” alone will do little to improve their community’s fiscal standing in the face of
such growth.
Because population growth has critical fiscal and quality of life implications for the community,
both the City of Charlottesville and the County of Albemarle—preferably working together—
need to develop informed population policies focused on realistic costs and benefits of growth.
Such policies should help guide deliberations regarding—among other things—zoning
regulations, transportation, schools, water and sewers, and public safety.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Department of Social Services Advisory Board Annual
Report
SUBJECT/PROPOSAL/REQUEST:
Receive FY 12 Annual Report
STAFF CONTACT(S):
Messrs. Foley and Davis, and Ms. Ralston
PRESENTER (S):
Ms. Janet Morrow, Advisory Board Chair
LEGAL REVIEW: Yes
AGENDA DATE:
March 6, 2013
ACTION: INFORMATION: X
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
Pursuant to Virginia Code § 63.2-300, all counties in Virginia are required to establish a local board to oversee the
provision of social services to its residents. The Board of Supervisors established the Albemarle County Department
of Social Services Advisory Board in 1997. One of its required duties is to make an annual report to the Board of
Supervisors, concurrent with the Department’s budget presentation, concerning the administration of the public welfare
program.
STRATEGIC PLAN:
Goal 5. Ensure the health and safety of the community;
Goal 7. Promote a valued and responsive County workforce that ensures excellent customer service.
DISCUSSION:
The FY2012 Annual Report provides a summary of the Department’s programs and services, including the number of
cases in each program area for the year coupled with stories of those served. Also included are the Department’s Key
Performance Indicators and its unaudited finances. Of particular note in this report are the continued increases in the
number of individuals served through the Department’s Benefit Programs, including the Supplemental Nutrition
Assistance Program (SNAP), Temporary Assistance to Needy Families (TANF), Energy Assistance, and Medicaid.
BUDGET IMPACT:
Funding for the Department of Social Services is included in the County’s annual operating budget.
RECOMMENDATIONS:
Staff recommends that the Board accept the FY2012 Department of Social Services Advisory Board’s Annual Report.
ATTACHMENTS:
A - FY12 DSS Annual Report
Return to agenda
NOTE: This FY 2012 Annual Report was designed, developed, and produced solely by the
Staff and Advisory Board of the Albemarle County Department of Social Services. In consid-
eration of the current budget conditions, minimal copies of this report have been printed.
CONTENTS
AGENCY KEY PERFORMANCE INDICATORS 3
WORKLOAD MEASURES 4
SERVICES
AUXILIARY GRANTS/GENERAL RELIEF 5
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) 6
ENERGY ASSISTANCE 7
TEMPORARY ASSISTANCE TO NEEDY FAMILIES (TANF) 8
MEDICAID/LONG-TERM CARE 9
MEDICAID AT UVA HOSPITAL 10
COMPANION SERVICES 11
ADULT SERVICES 12
FAMILY PRESERVATION 13
FOSTER CARE 14
ADOPTION SERVICES 15
CHILD PROTECTIVE SERVICES 16
CHILD CARE SERVICES 17
CAREER CENTER 18
VIRGINIA INITIATIVE FOR EMPLOYMENT NOT WELFARE (VIEW) 19
BRIGHT STARS 20
FAMILY SUPPORT 21
RECEPTION 22
BUSINESS SERVICES 23
ADVISORY BOARD LETTER AND HIGHLIGHTS 24
3
OFFICE OF PROGRAM ACCOUNTABILITY
ACDSS KEY PERFORMANCE INDICATORS
The ACDSS Office of Program Accountability (OPA) monitors, evaluates and reports progress on all
unit and overall agency performance goals. The Leadership Team then assesses the identified critical
measures to examine agency-wide performance on a quarterly basis. The OPA also supports ACDSS’ ongo-
ing data needs by providing expertise on survey design and analysis, program evaluation, and workload
measures tracking.
FY 2012 ACDSS Agency Key Performance Indicators Scorecard
Outcome Output Objective FY 10
Actual
FY 11
Actual
FY12
Actual
FY 12
Target
FY 12
Target
+/- Ac-
tual
Adults and fami-
lies are medically
insured.
Medicaid applications
are processed.
97% of Medicaid applications are
processed within 45 days. 96% 96% 97% 97% 0%
Adults and fami-
lies are medically
insured.
Medicaid renewals are
processed.
97% of Medicaid renewals are
processed by the last day of the
month in which they are due.
87% 79% 90% 97% -7%
Adults and fami-
lies have sufficient
food stuffs.
Supplemental Nutrition
Assistance Program
(SNAP) applications are
processed.
97% of SNAP applications are
processed within 30 days. 99% 99% 99% 97% 2%
Adults are gain-
fully employed.
Participants maintain
employment.
75% of VIEW participants will re-
main employed 3 months after
initial employment.
79% 78% 67% 75% -8%
Adults are safe.
Adults have risk of
abuse, neglect and
exploitation reduced.
85% of vulnerable adults accept-
ing APS will have their risk of
abuse/neglect/ exploitation re-
duced within one year.
77% 93% 54% 85% -31%
Children have safe
and stable home
placements
Children in foster care
are visited by their
social workers.
90% of foster care children receive
monthly face-to-face visits from
their social workers.
94% 89% 92% 90% 2%
Children are safe. CPS referrals receive
responses.
90% of new referrals are re-
sponded to per SDM timeliness
guidelines.
90% 92% 83% 90% -7%
Children are suc-
cessful in school.
Children pass the PreK
PALS benchmark.
80% of Bright Stars children pass
the PreK PALS benchmark. 80% 81% 79% 80% -1%
Children are suc-
cessful in school.
Family Support chil-
dren do not have CPS
reports of abuse or
neglect.
90% of Family Support children
have no CPS reports of abuse or
neglect within a 12 month period.
96% 98% 97% 90% 7%
ACDSS is a good
steward of finan-
cial resources.
Monthly financials are
completed.
92% of monthly financials are
completed within 10 days of
month close.
67% 86% 92% 92% 0%
WORKLOAD MEASURES
Workload Measures are a standard, expressed as the number of
hours required to handle a case, applied to existing caseloads.
Measures can vary depending on number of staff, weight given
to tasks, and state standards. The target monthly caseload is
108.5 hours per case worker for Adult Benefits and Family &
Children Benefits. The target monthly caseload is 106.6 hours
per case worker for all other units.
Monthly caseload targets were derived based on observation of the
percent of time caseworkers spend on case-specific activities
(including face-to-face contacts, recording case notes, conducting
assessments, providing or arranging for services, etc). Also taken
into consideration are hours dedicated to administrative activities
(including reviewing policy manuals, developing resources, attending
meetings, etc.), training activities (both delivering and receiving), and
non-work activities (including breaks, vacation, sick time, etc.). The
last time the workload measures were updated was 2008. Since that
time numerous additional mandates have been placed on local DSS
staff that are not accounted for in the measures.
SELF
DETERMINATION
4
174.1 168.9
218.2
122.5
159.8 151.1
94.4
149.4
118.5 92.7
0
50
100
150
200
250
FY2012 Average Monthly Workload Measures, by ACDSS
Unit
Average Monthly Caseload Hours per Worker TargetCaseload Hours
HOPE
An APS report from Albemarle County Fire & Rescue resulted in a
multi-year effort to assist a disabled husband and wife who were liv-
ing in unsafe and unsanitary conditions. Both had the mental capacity
to make their own decisions and both declined services. When the
husband died, a neighbor stepped in to help the wife move into a sub-
sidized apartment. Within a few months the new living arrangement
turned into the same unsafe and unsanitary conditions as in the previ-
ous home. After several attempts to move into assisted living, she
was finally able to move to Mountainside Living where she continues
to reside. Her depression has decreased significantly and her health
has improved. The values of self-determination and respect are
primary when dealing with adults that have capacity, yet live in condi-
tions that others find deplorable. These values guide our decision -
making during tough times.
AUXILIARY GRANTS/GENERAL RELIEF
Auxiliary Grants (AG) are a supplement to income for recipi-
ents of Supplemental Security Income and other low-income
aged, blind, or disabled individuals residing in licensed as-
sisted living facilities. General Relief is a program designed to
provide assistance, either maintenance or emergency, which
cannot be provided through other means.
The grant amount received by eligible individuals includes a small
personal allowance plus the difference between the recipient’s
own income and the State reimbursement rate for assisted living.
AG recipients also receive medical assistance through the Medi-
caid program. The AG Program is a state (80%) and locally (20%)
funded financial assistance program administered at the local
level. Albemarle County provides limited General Relief assistance
(62.5% state funding and 37.5% local funding) under the General
Relief-Unattached Child component. This provides ongoing assis-
tance for a child who is not living with a relative and thus not eli-
5
26
36 34 34
42 42
14 14 13
9 10
14
0
10
20
30
40
50
2007 2008 2009 2010 2011 2012
Auxiliary Grants
Aged DisabledCustomers Served
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
(SNAP—FOOD STAMPS)
SNAP is a program that provides benefits to eligible persons
for the purchase of vital food items.
Electronic Benefits Transfer (EBT) is the process that the Virginia
Department of Social Services uses to deliver SNAP benefits. SNAP
households use the card to make food purchases at retailers au-
thorized by the U.S. Department of Agriculture.
RESPECT
During the last year VDSS launched CommonHelp, a fast
and easy way to apply online for many assistance pro-
grams. Customers can also use CommonHelp to check
benefits, report household changes (coming soon), or renew
their benefits. One recipient of SNAP and Medicaid was
thrilled that she is now able to manage and check on her
case online, much like she manages her bank account. She
was so pleased with the process and the access that she
assisted her elderly mother with setting up a CommonHelp
account and stated that she was going to tell anyone who
would listen about CommonHelp! Our values of hope and
opportunity are providing a renewed sense of outreach to
our vulnerable residents that will allow them access to
needed benefits.
6
1415 1415
1908
2568
3021
3278
0
500
1000
1500
2000
2500
3000
3500
2007 2008 2009 2010 2011 2012
Average Number of Active SNAP Cases
Per Month
Cases
ENERGY ASSISTANCE
Albemarle County operates three federally mandated Energy
Assistance Programs with heating and cooling components for
all citizens with economic need.
During the summer, the Cooling Assistance Program provides
for the purchase of window air conditioners and fans, or for repair
of cooling equipment and/or payment for electricity for house-
holds containing a vulnerable individual who is aged, disabled, or
under age six.
The Fuel Assistance Program helps with home heating fuel and
related charges. Benefits are determined and authorizations for
deliveries or service are sent to vendors in December.
Crisis Assistance is intended to meet a household’s emergency
heating need. Crisis assistance offers heating equipment repair
or purchase and/or a one-time only heat security deposit. Pur-
chase of home heating fuel or payment of heat utility bills is avail-
able beginning January 1st. Each of the three components has
OPPORTUNITY
An 87 year old woman called to say she was out of her
heating supply but was too sick to come into the office.
With assistance from eligibility staff, the woman’s daughter
helped her complete the Energy Assistance application us-
ing the new online CommonHelp system, and within a few
hours, the application was approved. The opportunity for
this customer to obtain a successful outcome was achieved
through the coordinated efforts of all our talents and re-
sources.
7
324 389 603 600 653 708
829 856
1076 1179 1206 1214
128 108
184 273 215 178
0
500
1000
1500
2000
2500
2007 2008 2009 2010 2011 2012
Requests for Energy Assistance
Cooling Heating CrisisApplications
TEMPORARY ASSISTANCE TO NEEDY FAMILIES (TANF)
TANF - Temporary Assistance to Needy Families provides tem-
porary financial assistance to eligible families.
A monthly cash payment is distributed to eligible families to meet
their basic needs. The program is based upon the principles of
personal responsibility, time-limited assistance, and work in ex-
change for benefits. TANF is the cash assistance component of the
Virginia Independence Program (VIP) that helps families work to-
ward their goal of total independence.
A young child’s mother died when he was four years old and
his aunt stepped in to raise him after his father refused to
take responsibility for him. However, she soon developed
lung and back problems and was unable to care for him,
causing the grandmother to take custody of the young boy.
Soon the grandmother was diagnosed with terminal cancer
and could no longer raise him. The aunt took the child back
into custody. With very limited income from Social Security
Disability and a small TANF grant, she raised this child who
is now about to graduate from high school. He plans to en-
ter PVCC after graduation. He loves playing guitar with
friends and working on computers. ACDSS offered opportu-
nity and hope when this child was very young. Coupled
with his aunt’s and grandmother’s support, he is on the
road to success.
8
109 117
164
184
173
161
100
110
120
130
140
150
160
170
180
190
2007 2008 2009 2010 2011 2012
Average Number of TANF & VIEW Cases per
Month
Cases SELF
DETERMINATION
MEDICAID/LONG-TERM CARE
Medicaid is a joint Federal and State program designed to provide
essential medical and medically related services to the most vulner-
able populations in our community. This vital program is the third larg-
est source of health insurance after employer-based coverage and Medi-
care. It provides medical coverage to eligible low-income families,
women, children, the elderly, and individuals with disabilities. In addition,
the Family Access to Medical Insurance Security Plan (FAMIS) provides
Medicaid-like benefits to uninsured children. The FAMIS/PLUS & FAMIS
Moms programs provide health care coverage for pregnant women and
prenatal care and comprehensive health care benefits for two months
after delivery.
Long-Term Care support in the form of Medicaid for nursing care or
community based care and Auxiliary Grants for adult living facility
care is provided through a specialized team of staff at ACDSS who
understand the complexities of these services. Social workers at ACDSS
complete assessments to decide the level of care needed. When a person
is assessed as needing an assisted living level of care and meets financial
criteria, an Auxiliary Grant supplements other income in an effort to meet
the cost of care in an Assisted Living Facility. After evaluation, financially
eligible individuals approved for nursing home level of care can receive
HOPE
Family members flew into Virginia one weekend and placed their
mother into a nursing home, not fully understanding the cost and re-
sources available to their mother. They quickly learned that their
mother’s long term care insurance would not cover the cost of the
nursing home and learned about Medicaid. Staff at ACDSS communi-
cated via email with the family to apply for Medicaid and were able to
approve her application within a week. After approval, the family flew
to Virginia to meet with staff to go over final questions about the
Medicaid process. Each family member expressed their gratitude for
the Medicaid program and Albemarle’s quick and efficient work on the
application. They can all “rest easy” knowing their mother is safe and
in a secure environment. Using our values of self-determination and
opportunity, ACDSS was able to support a family through some very
difficult and challenging times which led to a successful outcome.
9
4,744 4,797 5,237
5,939
6,910 7,162
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
2007 2008 2009 2010 2011 2012
Average Number of Medicaid Customers Per
Month
Customers
MEDICAID AT UVA HOSPITAL
UVA Hospital Medicaid Unit provides Medicaid benefits to medi-
cally indigent inpatients and indigent clients treated in speci-
fied outpatient clinics at UVA.
The UVA Medicaid Unit is the result of a contractual agreement
among the State Medical Assistance Program, the University of Vir-
ginia Health System, and the Albemarle County Department of So-
cial Services.
RESPECT
10
3,564
3,380 3,302
3,570
3,828
3,614
2,000
2,200
2,400
2,600
2,800
3,000
3,200
3,400
3,600
3,800
4,000
2007 2008 2009 2010 2011 2012
UVA Medicaid Cumulative Referrals
Hope and opportunity were key to the life of a 35 year old man
from Lynchburg who required a stem cell transplant for acute leu-
kemia. He had been placed on medical leave at his job, but his pay
had ended. With a wife in college and a twelve year old daughter
with autism, his only support was a 401K. He was ineligible for
Medicaid initially due to the 401K. Without insurance, he did not
meet the criteria for receiving the transplant. Their house was in
foreclosure and they were desperate. ACDSS worked with the fam-
ily and the Lynchburg DSS and was able to show them how to use
his 401K to meet the family’s living expenses, save their home,
and provide funds for him to stay in Charlottesville to be close to
the hospital for treatment. With the 401K mostly depleted, he was
eligible for Medicaid and thus became eligible for the transplant.
The challenge faced by staff was to ensure this was all done within
a month, which they achieved. Our talents and resources provided
hope for this young man and his family. Referrals
COMPANION SERVICES
The Companion Services Program assists elderly and/or dis-
abled adults in their home who are unable to care for them-
selves without assistance.
The Companion Services program supports the philosophy that an
individual should be empowered to maintain independence in the
community as long as possible. Home-based care minimizes insti-
tutionalization of elderly and disabled residents. The improve-
ment in the quality of life and the low cost of the service are a
win/win for individuals and the community.
An elderly woman was referred to ACDSS through a home care agency
after receiving skilled care services for multiple falls and requiring the
use of a motorized wheelchair. At the first point of contact, she de-
clined our services. A year later, she called ACDSS on her own and
requested services. ACDSS was able to provide her hope. At that
time, she had a significant amount of credit card debt from purchas-
ing medications. With the assistance of her social worker, she was
able to apply for Medicare part D and began receiving services from a
local homecare agency. Over the course of eight years, her health
declined significantly. In addition to her diagnoses of osteo-arthritis,
muscular spasms, depression and back pain, she was diagnosed with
a nerve disorder. Throughout the course of her services, the ACDSS
social worker provided additional assistance with applying for bene-
fits such as Medicaid. During the derecho storm disaster in the sum-
mer of 2012, she lost power and was identified as a high risk cus-
tomer. Because ACDSS was aware of her status, a successful collabo-
rative check-in effort with the Albemarle County Fire and Rescue De-
partment, the Albemarle County Police Department, the Emergency
Communications Center, and the Red Cross ensured her safety and
well-being.
11
9
2 3
25
5 3
37 33
39
59
24 19
0
10
20
30
40
50
60
70
2007 2008 2009 2010 2011 2012
Companion Services Customers, by Age Group
Under 60 Years-Old Over 60 Years-OldCustomers SELF
DETERMINATION
ADULT SERVICES
Adult Services is a program that enables adults to remain in the
least restrictive setting and function independently. This pro-
gram provides long-term care, preventive services, nursing and
adult home screening and placement services, guardianship
oversight, and adult protective services.
One key program in Adult Services is Adult Protective Services (APS),
which investigates reports of abuse, neglect, and exploitation of adults
over 60 years of age and incapacitated adults over 18 years of age. The
goal of APS is to protect a vulnerable adult’s life, health, and property
without a loss of independence. When this is not possible, APS at-
tempts to provide assistance with the least disruption of life style and
with full due process, protection, and restoration of the person’s liberty
in the shortest possible period of time. Partnerships are key to preven-
tion and to maximize risk reduction and self-determination.
An older man came to the office seeking housing assistance. He
owned property and a trailer; however, due to mold and a lack of insu-
lation, he was no longer able to live there and had moved in with his
son and daughter-in-law. They were requiring him to pay all household
expenses, including full rent on the property and utility bills. The man
indicated that he received monthly disability and prior to his disability
he had saved a significant amount of money, which was now all de-
pleted due to paying rent and utilities at his son’s home. His family
told him he had to leave, and he had nowhere to turn. Various phone
calls were made to find alternative housing. Finally the caseworker
located an available apartment at the Meadows. The caseworker as-
sisted in completion of the paperwork, which included proof that his
own trailer was uninhabitable, and he was able to move to his new
home quickly. Working in ways to instill hope by opening doors of
opportunity was key to helping this older man find a new place to live.
12
436
415
403
447
390
415
350
375
400
425
450
475
2007 2008 2009 2010 2011 2012
Referrals to Adult Protective Services
Referrals SELF
DETERMINATION
HOPE
After a CPS finding of abuse of a very bruised eight year old boy with au-
tism, the Family Preservation worker took action to engage with a very
defensive non-English speaking family who insisted their child did not
have a disability. Assault and battery charges were brought and the
worker went to court with the family to encourage them to work with us.
Through the use of an interpreter, the worker helped the family obtain
speech and language therapy for their son, which opened the door to their
understanding of his special needs. Although the family continued to have
great difficulty in accepting their son’s disability, through the continued
work of staff from the department, they not only accepted his disability
but saw that their child could improve reading comprehension and recep-
tive language skills and that they could manage his behavior more effec-
tively. A year later the worker was able to return to court with the family
offering a glowing report of their work resulting in the charges being dis-
missed. Without this worker’s diligent efforts to understand their culture
and without the family bravely trusting her to assist them with a foreign
legal and service system, we likely would have removed this child from the
home. Using the values of respect and opportunity, we were able to as-
sist in making a positive life change for this family.
FAMILY PRESERVATION
Family Preservation services are designed to help families allevi-
ate crisis situations that might lead to out-of-home placements of
children due to abuse, neglect, or parental inability to care for
their children. They help to maintain the safety of children in
their own homes, support families preparing to reunify or adopt,
and assist families in obtaining other services to meet multiple
needs.
These services are designed to maintain family unity, ensure that chil-
dren grow up in safe and stable homes, and strengthen the family’s
ability to function more effectively and independently in order to pre-
vent family breakup. Services may include counseling, health-related
services, parenting education, and substance abuse treatment. Under
some circumstances, services, such as emergency shelter, food, cloth-
ing, utilities or rent, may be provided when no other resources are
13
3 3
6 6
15
13
0
2
4
6
8
10
12
14
16
FY11
Q3
FY11
Q4
FY12
Q1
FY12
Q2
FY12
Q3
FY12
Q4
Family Partnership Meetings Held, by Fiscal Year
Quarter
Meetings
FOSTER CARE
The Foster Care Program provides services, substitute care, and
supervision for a child on a 24-hour basis until the child can return
to his or her family or be placed in an adoptive home or another
permanent foster care placement.
In the Foster Care Program, assistance is given to children and families
in an effort to prevent removal of a child from his or her home. When
parents are unsuccessful in changing conditions in the home, it may be
necessary to place the child in foster care. In that case, the Foster Care
Program provides services to enable the child to return home. If that is
not possible, the program tries to find another permanent home. Fos-
ter Care is intended to be a temporary response to a difficult family
situation, not a long-term solution for the family.
RESPECT
Family partnership meetings are now required every time
there is a change in the foster care goal or prior to a youth
changing placements. Two young girls were placed with
their aunt, but one of them continued to have significant
mental health issues which led to the disruption of her place-
ment. She was placed with another family for respite care
temporarily, but with the use of the Family Partnership meet-
ing, everyone was able to come to the table and express
their concerns and ideas. A plan was developed at the meet-
ing that involved a slow transition back to the aunt’s home
with additional supports in place! Now both girls are thriv-
ing in their aunt’s home. By bringing together all of our tal-
ents and resources we can provide opportunity for our cus-
tomers to succeed and thrive.
14
167
143
130
115
94
107
0
20
40
60
80
100
120
140
160
180
2007 2008 2009 2010 2011 2012
Children Receiving Foster Care Services
Children
ADOPTION SERVICES
The purpose of Adoption Services is to help children, who have been
permanently and legally separated from their birth parents, become
permanent members of a new family.
If a foster care child cannot be returned to his or her parents or placed
with relatives, the goal becomes adoption. Adoption is a social and legal
process that establishes the relationship of parent and child between
people who do not have this relationship by birth. It provides the same
rights and obligations that exist between children and their biological
parents.
OPPORTUNITY
Two young boys entered foster care as the result of exposure to domestic
violence and their mother’s inability to protect them. After a short time
with a foster family, they were placed in the home of an aunt and uncle
who wanted to raise them. These two boys had been extremely trauma-
tized and experienced nightmares, frequent tantrums, and exhibited
anxiety regarding their personal safety. The aunt and uncle did not un-
derstand why the boys could not behave better. They did not have time
for counseling, but they were committed to these kids and signed on to
adopt them. When it came time to finalize the adoption, the aunt and
uncle were incredibly worn out. Their teenage birth children began to
need therapy and began to act out, complaining about the boys’ needs
and their parents’ inattention to their own children. With this concern,
the agency held a Family Partnership Meeting, and the family agreed to
participate in counseling together. Now the family is feeling stronger and
more prepared to work together to assure everyone's needs are met.
ACDSS will remain as a consultant and referral source to the family
should challenges develop as the boys mature. Respecting the needs
and desires of the family while providing opportunity for their success,
the boys will leave foster care and have a second set of parents to call
Mom and Dad.
15
11
4
5
4
6
4
2
4
6
8
10
12
2007 2008 2009 2010 2011 2012
Finalized Adoptions
Children
CHILD PROTECTIVE SERVICES
Child Protective Services (CPS) identifies, assesses, and provides
services to children who have been abused or neglected and to
their families. It is designed to preserve families whenever possi-
ble, yet protect children and prevent further maltreatment.
The CPS program is non-punitive in its approach and attempts to en-
able families to provide adequate care for their children. CPS utilizes a
Differential Response System that employs a Family Assessment proc-
ess. This process is service oriented and strength based. CPS in Albe-
marle County also utilizes a research-based protocol called Structured
Decision Making (SDM) to guide critical decisions during the life of a
case and thereby ensuring a greater level of consistency and reduced
recurrence of child maltreatment. ACDSS is piloting this program
which may be used state-wide in the future. The CPS unit also provides
foster care prevention services to families referred by the community
and by Court Order. In addition, the CPS unit attempts outreach to
prevent child abuse or neglect by addressing risk issues before they
result in maltreatment of children.
HOPE
Working in ways to instill hope within the child protection system,
the system has been enhanced through the use of Family Partner-
ship Meetings. Bringing extended family, friends and community
partners to the table to address chronic abuse and neglect, mental
health issues, and homelessness resulted in five children not go-
ing into foster care. The Family Partnership Meetings serve as a
clarification of service needs and provide a final offering of services
before taking the cases to Court. The Child Protective Services Unit
has fully incorporated Family Partnership Meetings into every day
practices, and there has been great success in finding alternatives
to foster care through these meetings.
16
134 56
198 255
125 200
384
432
434 305
255
374
0
100
200
300
400
500
600
700
2007 2008 2009 2010 2011 2012
CPS Referrals Received
Invalid Referrals Valid ReferralsReferrals
CHILD CARE SERVICES
Child Care Services is a program that provides low-income
families with funding to enhance the quality, affordability,
and availability of child care.
Child Care Services assist low-income parents who are working
and/or are attending school and whose children have child care
needs. Child Care Services also provides to families who are re-
ceiving TANF and are working towards economic self-sufficiency.
With welfare reform's increased emphasis on employment, many
single parent households become low-income working families.
These services are designed to help parents locate affordable,
quality care to support their efforts toward greater self -
sufficiency.
OPPORTUNITY
Two grandparents obtained custody of three of their grand-
children as a result of a child protection removal. Both grand-
parents worked and without child care services their jobs
would be in jeopardy. The child care staff not only helped
them apply for TANF assistance for the children, but went to
great lengths to ensure the children were enrolled in quality
care that was convenient to the workplaces of the grandpar-
ents. As a result of the support they received, they were able
to retain their jobs and provide for their grandchildren. Within
a few months, the biological mother was working again and
providing enough child support that the TANF case was able
to be closed. Through the values of hope and opportunity,
staff were able to ensure these children could thrive through
the good care of their grandparents.
17
265
302 282
222 242 245
0
50
100
150
200
250
300
350
2007 2008 2009 2010 2011 2012
Average Number of Child Care Cases per Month
Cases
CAREER CENTER
The Career Center’s mission is to provide the general public
with career resources and services in order to prepare a work
force that is informed, capable, and ready for work.
The services available at the Career Center, a certified satellite of
the region’s One-Stop System, includes assistance with resumes,
cover letters and interview techniques. The Center makes inter-
net-accessible computers, faxes, phones, printers, and copiers
available to clients and will assist them with job searches. Job
seekers can also open e-mail accounts to correspond with poten-
tial employers.
A woman came into the Career Center for assistance in finding a
job. She had just been released from jail the month before. She
thought businesses would be hesitant to hire her because of her
record. She acknowledged that she made some bad decisions in
the past and wanted to start off on the right foot. She heard
about the Career Center and hoped that she could get assistance
even as a person with a criminal record. The career counselor
helped her think through her options for jobs and provided her
with a template for a resume that can be used for people who
have a criminal record (i.e. gaps in their work history). A month
later she returned to report that she had a job that included bene-
fits. But that was not the only reason she returned. She wanted to
work with the career counselor to improve her skills and resume
so she could get a better job in the future. Using the values of
hope and self-determination, the Career Center made a big dif-
ference in her life.
18
1,457
1,791
2,309
1,761
2,172
2,546
600
1,100
1,600
2,100
2,600
3,100
2007 2008 2009 2010 2011 2012
Career Center Visits, by Fiscal Year
Visits SELF
DETERMINATION
VIEW INITIATIVE FOR EMPLOYMENT NOT WELFARE (VIEW)
VIEW provides employment education, training and support
services to qualified TANF recipients.
VIEW, Virginia's welfare reform program, is designed to encourage
self-sufficiency through a "work first" philosophy. VIEW offers
recipients the opportunity to work and continue to receive some
TANF benefits and supportive services. VIEW also encourages per-
sonal responsibility. In addition to employment, other VIEW work
activities can include on-the-job training or community work ex-
perience for at least the minimum federally required hours per
week. VIEW participants can also participate in optional transi-
tional services such as child care.
OPPORTUNITY
A woman and her three children moved to the US through the In-
ternational Rescue Committee (IRC) after her husband was tor-
tured and killed overseas. Even though she did not speak English,
she never really wanted to depend on benefit assistance. She re-
luctantly had to rely on the help of IRC and ACDSS. She was wise
enough to take full advantage of what the VIEW program offered.
Soon she accepted a job at a big box store, and continued with
the VIEW program which assisted her with child care, transporta-
tion, and counseling. She learned English quickly. But she wanted
more for her family. Her worker referred her to the Workforce
Center where she chose to use available funds for training as a
pharmacy technician. Today she is a pharmacy technician with the
same employer. Her full VIEW program is over, and she is on tran-
sitional services with the confidence that she can sustain her fam-
ily on her own. Using our values of self-determination and op-
portunity, ACDSS was able to support a family through some very
difficult and challenging times that led to a wonderful success.
19
80%
76%
62%
79%78%
67%
50%
55%
60%
65%
70%
75%
80%
85%
2007 2008 2009 2010 2011 2012
VIEW Participants Still Employed 3 Months after
Hire Date
Percent Participants
BRIGHT STARS
The Bright Stars Program is an early intervention preschool pro-
gram for four-year-old children and their families.
Bright Stars seeks to increase learning opportunities by addressing
risk factors that affect school performance: low income, illiteracy
or limited education of the parents, limited English proficiency,
developmental delays, mental or physical health problems, and
substance abuse. The major goals of the program are to provide
age-appropriate education and enrichment opportunities for chil-
dren, to help families access community resources necessary to
sustain a safe and stable family life, to facilitate family involvement
in their child’s education, and to serve as a model of collaboration
among the Department of Social Services, County schools and com-
munity agencies.
OPPORTUNITY
A four year old entered the classroom with a lot of enthusiasm.
She was being raised by her father, with little to no contact with
her mother. Dad was very suspicious of the social worker and was
extremely guarded and unhappy during home visits. Despite a
somewhat rocky year in Bright Stars due to her school behavior,
the teachers worked with her and she made improvements. At the
year-end celebration, her dad sought out both teachers and the
social worker to hug and tell them, with tears in his eyes, how
thankful he was that his daughter had people who cared about her
so much. However, her Kindergarten year proved challenging with
numerous behavioral problems. With continued help from the so-
cial worker, the trust that had been developed, plans put into place
for adequate teacher support, and a committed father, this child is
now thriving in first grade. The values of hope, respect and op-
portunity played a significant part in supporting the family to suc-
ceed and thrive.
20
148 154 164 174
364 365
448 475
0
100
200
300
400
500
2008-2009 2009-2010 2010-2011 2011-2012
Bright Stars Program Participants, by Academic
Year
Current Students Alumni Receiving ServicesChildren
FAMILY SUPPORT
Family Support is a pre-placement prevention program based
in ten Albemarle County elementary schools and three middle
schools.
Family Support staff provide case management services including
assisting families with access to health, education, legal, housing
and social services; improving the safety and security of their fam-
ily members; helping families move toward self-sufficiency; and
ensuring parents and school staff work together for successful
school performance outcomes. At the middle school level there is
also an emphasis on improving school attendance and locating
after-school enrichment opportunities that engage children in the
10-13 year age range.
Sometimes community partners do not understand the limita-
tion of child protective services (CPS) or want social workers to
“fix” families that do not meet others’ standards for home en-
vironments. Being respectful of families by understanding
that the pace of change is different for each family is critical to
good social work practice, but it is not always understood
from the “outside looking in”. In the case of an elementary
school student whose home life was of concern to the school,
the Family Support Worker was able to provide a bridge of un-
derstanding that led to a greater appreciation for the role of
CPS as well as a greater appreciation for the challenges of the
family.
RESPECT
21
188
129
194
131
154
134
50
70
90
110
130
150
170
190
2007 2008 2009 2010 2011 2012
Average Number of Family Support Cases Per
Month
Cases
RECEPTION
The Reception staff welcome all customers and visitors to the
agency. Reception is responsible for delivering superior cus-
tomer service to Albemarle County residents at the entry and
exit points of their experience with the agency, as well as to the
internal customers (staff) of ACDSS. The Reception staff accom-
plish this superior service by handling the following duties:
answering all incoming telephone calls
greeting all customers who enter through the lobby
notifying workers of the presence of their customers for ap-
pointments
managing incoming and outgoing faxes
facilitating mail delivery of all pieces of incoming and outgoing
mail
issuing EBT cards to customers receiving SNAP benefits
facilitating the first steps of processing benefits applications
RESPECT
22
A Spanish speaking customer came into the office wanting to know
if she could receive any help for Christmas. She stated that she had
been struggling to pay her bills and wanted to know if the depart-
ment provided Christmas assistance. She was not eligible for DSS
programs, and she was too late for the usual community resources
to help. The receptionist made calls on her behalf since she could
not speak English and within a week obtained the support of a local
business that offered to provide clothes and toys for the children,
holiday decorations, a gift card for food, and even a gift for the
mother. She arranged for the business representative to meet the
mother at DSS to present her with the items so she could help with
language translation. Through respect and opportunity, our recep-
tion staff brought to bear their talents and resources to treat this
mother in a way that showed her we valued her and we were willing
to go the extra mile to help her and her children.
884 956
1,154 1,316 1,486 1,398
0
400
800
1200
1600
2007 2008 2009 2010 2011 2012
Average Number of Reception Visits per
Month by Fiscal Year
Visits
The Business Services Division serves as a key support
resource for all ACDSS operations. This work includes
budgeting and financial planning, developing agency stra-
tegic and operational initiatives, and complying with all
federal, state and local financial requirements. The Divi-
sion also provides ongoing financial management, man-
ages reception and switchboard operations and customer
feedback processes.
Federal and State resources that are brought into the commu-
nity through ACDSS provide a tremendous economic boost to
local businesses
and help to sus-
tain local employment. Funds support jobs in the medical and
child care arenas, as well as the housing, grocery and energy sec-
tors.
The Business Services Division maintained its focus of continuous
performance improvement by upholding the standard that all
invoices delivered to the agency will be paid within 10 days of
receipt. The standard set for this measure was 95%. The unit
achieved a 98.3% success rate toward their invoice processing
goal. This indicator is vital in aligning with the Senate Productiv-
ity and Quality Award (SPQA) criteria towards customer focus.
BUSINESS SERVICES
23
albemarle
SOCIAL SERVICES
We recognize that individuals are responsible for their
own development and have the freedom to choose.
We bring to bear all of our talents and resources to provide
opportunities for our customers to succeed and thrive.
SELF DETERMINATION:
OPPORTUNITY:
Bryan Elliott Lincoln Lewis
Janet Morrow
Martin Burks III
Nancy Gill Laney Kaminer Yris Vaca
LETTER FROM THE ADVISORY BOARD
We share and show esteem, appreciation and acceptance of
diversity and treat all individuals with honor and dignity.
RESPECT:
We work in ways that instill hope by opening doors to opportunity. HOPE:
1600 5th Street, Suite A, Charlottesville, VA 22902
Reception Line (434) 972-4010 Food Stamp Line (434) 972-3143
Fax (434) 972-4080 www.albemarle.org
VALUES
Individual and family well-being.
Together with our partners we mobilize communities of care to ensure that
all persons thrive.
MISSION
VISION
Thank you for the opportunity to present the Annual Report for the Albemarle
County Department of Social Services for FY 2012. We take this occasion to share
some of the results of the public services provided to the residents of Albemarle
County. It is an honor to serve our County through the work of this Board.
It is a privilege for us to work with the Department’s staff. We continue to be con-
cerned about the staff’s severe workload and the harmful potential for loss of federal
support. However, in this time of increasing demand, threatened resources, and an
uncertain future, we have confidence this professional and committed staff will con-
tinue to serve our community with the utmost of professionalism, creativity and dedi-
cation.
The theme for this year’s Annual Report is based on our belief in the shared common
values of Hope, Respect, Opportunity and Self-Determination, which are core to our
work and provide the backdrop for decision-making during difficult times. In the re-
port, we are pleased to share an overview of the Department’s programs and services
as well as individual stories that are an inspiring part of the community life of this
organization. The ACDSS Advisory Board
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Virginia Pre-School Initiative “Bright Stars” Annual Report
SUBJECT/PROPOSAL/REQUEST:
FY2011 Annual Report
STAFF CONTACT(S):
Messrs. Foley and Davis; Ms. Ralston and Ms. Shifflett
PRESENTER (S): Ms. Kelly Shifflett
LEGAL REVIEW: Yes
AGENDA DATE:
March 6, 2013
ACTION: INFORMATION: X
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
As a result of the Virginia Pre-School Initiative (VPI) funding initiated by Governor Wilder in 1994, the Board established
the Bright Stars program as a collaboration among Social Services, the School Division and community partners. Social
Services serves as the coordinator and fiscal agent for the program. The first classroom was established at Stone
Robinson Elementary School and the program has grown to eleven classrooms in eight elementary schools, including two
classrooms at Cale, Agnor-Hurt and Greer and one classroom at Red Hill, Scottsville, Stone Robinson, Stony Point and
Woodbrook. In 2009, the Pre-School Network for Albemarle County was established to oversee the blending of funding
streams from the VPI, Title I and Early Childhood Special Education programs to serve more children in inclusion
classrooms.
STRATEGIC PLAN:
Local Government Goal 1. Provide excellent educational opportunities to all Albemarle County residents.
School Division Goal 1. Prepare all students to succeed as members of a global community and in a global economy;
Goal 2. Eliminate the achievement gap.
DISCUSSION:
The FY2012 Annual Report is a review of the Pre-School Network services including the number of children served
and the results of educational and family outcomes. Also included are the Program’s Key Performance Indicators and
VPI unaudited finances. Of particular note in this report are the different views of program outcomes across domains
including student improvement over the school year and program-level achievement of benchmark standards at the
end of the year.
BUDGET IMPACT:
Continued funding for the program is being requested in the FY2014 budget.
RECOMMENDATIONS:
Staff recommends that the Board accept the FY2012 Bright Stars Annual Report.
ATTACHMENTS:
A - FY12 Bright Stars Annual Report
Return to agenda
BBBRIGHTRIGHTRIGHT SSSTARSTARSTARS
FY 2012 AFY 2012 AFY 2012 ANNUALNNUALNNUAL RRREPORTEPORTEPORT
A PA PA PROGRAMROGRAMROGRAM OFOFOF
TTTHEHEHE AAALBEMARLELBEMARLELBEMARLE CCCOUNTYOUNTYOUNTY PPPRESCHOOLRESCHOOLRESCHOOL NNNETWORKETWORKETWORK
Presented toPresented toPresented to
The Albemarle County Board of SupervisorsThe Albemarle County Board of SupervisorsThe Albemarle County Board of Supervisors
The Albemarle County School BoardThe Albemarle County School BoardThe Albemarle County School Board
Kathy Ralston
Director
Dr. Pamela R. Moran
Superintendent
ALBEMARLE COUNTY
Department of Social Services
1600 5th Street, Suite A
Charlottesville, Virginia 22902
ALBEMARLE COUNTY SCHOOLS
401 McIntire Road
Charlottesville, Virginia 22902
It is a pleasure to provide this introductory letter to the FY2012 Annual Report for the
Albemarle County Preschool Network/Bright Stars Program. In our seventeenth year of
collaboration between the County Schools and Social Services we have continued to
demonstrate the benefits of a high quality pre-school program for at-risk County children,
preparing them for success in the kindergarten year and beyond.
In Albemarle County, the importance of early childhood as a time for special attention has
long ago been identified, goals and strategies determined, and initiatives undertaken. Its
importance is highlighted in planning for the future on the part of both schools and local
government:
The Strategic Plan for the Albemarle County Public Schools 2011 –2013 sets as goals to
“prepare all students to succeed as members of a global community and in a global
economy” and to “eliminate the achievement gap.” A quality pre-school program that
helps at-risk children get “on the bus” and arrive ready to learn is an obvious strategy
to attain those goals.
The Strategic Plan for Albemarle County FY13–FY17 sets as a goal to “provide
excellent educational opportunities to all Albemarle County residents.” A stated
objective under that goal is to “increase the availability and quality of pre-kindergarten
learning opportunities.”
All Bright Stars classrooms offer a robust, academic learning experience with daily
opportunities for children to develop critical social and personal skills. Well -trained
Teachers and Teaching Assistants are keys to the success of our programs. Our Family
Coordinators encourage active parent engagement through the year, and families are
assisted in accessing community services to create stability, opportunity, and a network
of support.
Parent engagement is an important strategy in helping children to make best use of the
classroom experience. Parents consistently note a high degree of satisfaction in their
program ratings and speak in glowing terms about their children’s experience. Their
positive interactions with the school and their involvement in the child’s education will
serve the child well in future years.
We are confident that you will be impressed by the results achieved by the Bright Stars’
educational community – host schools, Teachers and Teaching Assistants, Family
Coordinators, and families - that are the result of this unique collaboration on behalf of
young children in Albemarle County.
BRIGHT STARS PROGRAM HIGHLIGHTS 2011-12
In addition to 174 preschoolers served in Bright Stars classes, 475
“alumni” from kindergarten through 5th grades benefitted from the
continued support of their Bright Stars Family Coordinator. Over the
course of the year, 2105 contacts were provided to Bright Stars
alumni and their families.
“The Bright Stars program exceeded our expectations in
every way. We felt that our daughter and family as a
whole were well-nurtured during this transition.”
~Scottsville Parent
“The entire program was just
phenomenal. I am so glad my
daughter had a space in such a
terrific preschool.”
~Stony Point Parent
The Bright Stars program operated in 11 preschool classes at 8 Albemarle County schools. Five
of these classrooms also served 3– and 4-year-old students with special needs within a blended
Early Childhood Special Education inclusion model. Funding from the Virginia Preschool Initiative
(VPI), ACPS Title I and Early Childhood Special Education programs, Safe Schools/Healthy Students
grant, and funds from local government and Social Services provided for Bright Stars classes and
Family Coordinators enabling the program to serve a record number of children and families.
148 154 164 174
364 365
448 475
0
100
200
300
400
500
2008-
2009
2009-
2010
2010-
2011
2011-
2012Number of ChildrenChildren Served by Bright Stars, by Academic Year
Current Bright Stars Preschoolers Bright Stars Alumni
Includes VPI-funded Bright Stars and Early Childhood Special Education/Title I
students served in blended preschool classes in years 2008-12
A CLOSER LOOK AT THE BRIGHT STARS
PRESCHOOLERS,
ALUMNI,
AND
THEIR FAMILIES
Of the 174 preschoolers who were served by
Bright Stars:
94% resided with one or both biological
parents, and 5% lived with grandparents or
other relatives.
86% were from families where at least one
member of the household was employed.
83% qualified for Free or Reduced Meals,
compared to 27% for the Division overall.
20%
2%
9%
42%
27%
11%5%6%
70%
9%
0%
20%
40%
60%
80%
100%
African
American
Asian Bi-racial/
Other
Caucasian Hispanic
Race/Ethnicity of Bright Stars Preschoolers,
Compared to ACPS Overall
Bright Stars Participants ACPS Division
Ensuring that children receive
adequate health and dental
care is one effort the Bright
Stars program makes to
support and enhance the
well-being of our children
and families.
An award from the Martha
Jefferson Hospital Community
Health Partnership allowed for
sixteen children to receive
intensive pediatric dental care
and services, provided by
several local specialists. In
addition, dental care supplies
were purchased for all of our
preschoolers for use in the
classroom and at home.
ABOUT OUR PARTICIPANTS
Children enrolled in the Bright Stars program are those prioritized because of individual or family
factors that could result in poor school performance over the years. Risk factors for Bright Stars
children may include limited parental education or illiteracy, parents who are very young or
parenting alone, poverty, unemployment, domestic violence, incarceration of a parent, siblings
having difficulty in school, previous child protective services reports or involvement with foster
care, and substance use and/or mental health issues among family members.
Despite these challenges, year after year the children enrolled in the Bright Stars program show
considerable progress across a number of specific and measurable program goals. Bright Stars
Teachers, Teaching Assistants, and Family Coordinators work together in assisting children and
parents to meet these goals.
ABOUT OUR PARTICIPANTS
30% of our preschoolers were from families with Limited English Proficiency
and required the coordination of interpreter services. In addition to paid
interpreters, the Bright Stars program utilizes volunteers to
assist in the classroom and with family events whenever
possible. For example, Señor Albarran, a custodian at
Red Hill, visited the Bright Stars class weekly to read to
students in Spanish.
46%41%38%
13%11%12%
40%35%
0%
20%
40%
60%
80%
100%
Agnor-Hurt Cale Greer Red Hill Scottsville Stone-
Robinson
Stony
Point
Woodbrook
ACPS Division-8%
Bright Stars Preschoolers from Families Identified with
Limited English Proficiency, by School
ACPS Division statistics indicate
8% of students were classified
as English As Second Language
(ESL) in 2011-12
30%
8%
38%
10%
2%
28%
3%
22%
5%2%
0%
20%
40%
60%
80%
100%
Did Not
Finish HS
GED HS Diploma Associate/
Bachelor
Degree
Post-
graduate
Mother Father
Parent Education
BRIGHT STARS “ALUMNI”
WHO CONTINUED TO RECEIVE SERVICES 2011-12
Bright Stars Family Coordinators work with families to encourage regular and timely school
attendance, participation in parent-teacher conferences, engagement in school events, and the
prevention of dental and medical problems. Some parents seek support to improve their
housing and employment circumstances. Family Coordinators are available to provide on-going
services to eligible children and families past the
preschool year. Many continue to receive services
on an as-needed basis throughout the elementary
school years. Services for Bright Stars alumni and
their families are entirely voluntary and Bright
Stars parents may agree to participate or not
depending on their own particular needs and
circumstances. During the 2011-12 school year,
475 Bright Stars alumni were served in K-5th
grades.
The Bright Stars Family Coordinators
and Teachers at Greer Elementary “I believe this will have an
impact on the way my son
views school forever - good
starts always help!”
~Stony Point Parent “My child received the support needed
for his successful development.”
~Red Hill Parent
The Family Coordinators made an average of 175 contacts per month to alumni families — a
12% increase over the number of contacts typical of the previous school year. The continuity of
care and support that is provided by each Family Coordinator is a key element of the Bright
Stars program model. By
linking our families to
needed resources, while
also facilitating connections
between home, school, and
community services, we aim
to encourage and promote
self-sufficiency throughout
the early school years — and
beyond.
97 106 106
85 96 83
61 83 8853
66 7742
54 6927
43 52Total:
365
Total:
448
Total:
475
0
100
200
300
400
500
2009-
2010
2010-
2011
2011-
2012Number of ChildrenBright Stars Alumni Receiving Services,
by Year and Grade
5th Grade
4th Grade
3rd Grade
2nd Grade
1st Grade
Kindergarten
BRIGHT STARS PROGRAM OUTCOMES
"The program made a huge difference in
my son's life… While he was ready for the
‘next step,’ he had limited language, severe
anxiety, and still needed a lot of support…
Now, he is my little chatterbox, can handle
most any new challenge, and is excited
every morning about taking the big bus to
kindergarten. There will be new challenges
along the way but his time as a Bright Star
has given him a foundation for success!”
~Amy Azano, Cale Parent
Special Education Inclusion Class
“Bright Stars provided the
necessary skills my child
needed to have a better
transition to an advanced
level of learning.”
~Greer Parent
“The program was great…He loved it and
enjoyed coming to school every day!”
~Woodbrook Parent
“[My son] learned and grew
so much with the Bright
Stars program, and I know
that he is more than ready to
go on to Kindergarten! ...It is
evident to me that Bright
Stars is a great program
that is doing the community,
and the children it serves, a
great service.”
~Red Hill Parent
“Thank you to [our Bright
Stars Teacher, Assistant,
and Family Coordinator]
for helping me get another
child off to a great start!”
~Greer Parent
“Bright Stars is a gift to every school that houses the program.
It does an amazing job of helping our students get acclimated to
the structures and routines of school, while equipping them with
the readiness skills that support their learning of curriculum—
and most importantly it allows them to feel like leaders among
their peers because they have already established relationships
with students and staff in the building.”
~Lisa Molinaro, Woodbrook Principal
OUTCOME MEASURE MEASUREMENT GOAL ACTUAL
Preschool Literacy Skills Preschoolers
who are in Bright Stars for at least six
months achieve literacy benchmark
scores for the preschool developmental
range at the end of the school year
PreK Phonological
Awareness Literacy
Screening (pKPALS)
FY12Target: 80%
Previous Target:
80%
FY 12 Actual 81%
FY 11 Actual 81%
FY 10 Actual 80%
FY 09 Actual 68%
FY 08 Actual 75%
Kindergarten Literacy Skills Bright
Stars alumni achieve literacy bench-
mark scores for the kindergarten
developmental range at the end of the
school year
Phonological
Awareness Literacy
Screening for
Kindergarten
(KPALS)
FY12Target: 85%
Previous Target:
80%
FY 12 Actual*
FY 11 Actual 94%
FY 10 Actual 78%
FY 09 Actual 85%
FY 08 Actual 86%
Family Events Parents of Bright Stars
preschoolers attend at least three
Bright Stars/school functions, not
including parent-teacher conferences,
during the school year
Bright Stars
database
FY12Target: 90%
Previous Target:
85%
FY 12 Actual 86%
FY 11 Actual 88%
FY 10 Actual 88%
FY 09 Actual 93%
FY 08 Actual 86%
Parent-Teacher Conferences Parents
of Bright Stars preschoolers attend
both parent -teacher conferences
offered during the school year
Bright Stars
database
FY12Target: 90%
Previous Target:
85%
FY 12 Actual 86%
FY 11 Actual 85%
FY 10 Actual 91%
FY 09 Actual 88%
FY 08 Actual 91%
Parent Goals Parents of Bright Stars
preschoolers make progress on goals
that support their child’s success
during the school year
Family Needs
Assessment
FY12Target: 80%
Previous Target:
80%
FY 12 Actual 89%
FY 11 Actual 92%
FY 10 Actual 85%
FY 09 Actual 91%
FY 08 Actual 71%
PERFORMANCE ON KEY PROGRAM GOALS
“I think that the program is invaluable to our
kindergarteners. The Bright Stars kids come in
ready to learn — and very knowledgeable in phonics,
colors, and numerals. They score higher than the
children who have not had any preschool experiences.”
~Sandy Billies, Kindergarten Teacher
“Our preschool students come to kindergarten as confident learners who know they
are a valuable part of our community. Because we have been able to foster
relationships with them early on, our preschoolers already feel connected to adults
and other students in their school.” ~Carrie Neeley, Stony Point Principal
*data from ACPS unavailable at the time of publication
Our preschoolers
show substantial
improvement over
the course of the
year as they work to
master the basic skills related to “reading readiness.” In the spring, 57% more students meet
target literacy benchmarks than in the fall. Moreover, 58% of the Bright Stars preschoolers
achieved the “high-pass” level for their end-of-year assessment.
EMERGENT LITERACY SKILLS
Pre-kindergarten language and literacy screenings are
administered by classroom teachers in fall and spring. The
assessments include questions about the alphabet, letter
sounds, rhymes, and awareness of how pictures and words
work together in a story. Research shows that children who
obtain these developmental benchmarks by the end of
preschool are more likely to reach key targets when tested
in kindergarten and first grade.
19%20%18%22%26%24%
76%75%68%
82%81%81%
0%
20%
40%
60%
80%
100%
2006-
2007
2007-
2008
2008-
2009
2009-
2010
2010-
2011
2011-
2012
Fall Spring
Bright Stars Preschoolers Meeting/Exceeding PreK
Phonological Awareness Literacy Screening Benchmark
“I was really impressed with the emphasis on reading at
Scottsville Elementary and how the Bright Stars students
have mentors from the third grade.” ~Nancy Gill, ACDSS Advisory Board Member
Students from older grades serve as “Reading Buddies”
for many Bright Stars classes and visit weekly to read
to the preschoolers.
A grant from the First
Book organization and
special support from
WHTJ’s Ready-To-Learn
Coordinator made books
available for each Bright Star to take home.
Preschoolers learn about
colors and patterns while
completing a creative fall
project.
EARLY NUMERACY SKILLS
Preschoolers’ abilities in the areas of numeral
identification, completing patterns, identifying
shapes and colors, and counting sequentially
are assessed in the fall and spring using the
Math Quick Screen, a tool based on nine domains
from the Student Numeracy
Assessment Progressions™.
In the spring, 61% of our
preschoolers perform up to
the minimum standards for
numeracy skills (passing 7 of
9 subtests), compared to
only 10% in the fall. Just
over 30% of our students
achieve the ideal target and
pass all 9 subtests at the
end of the year.
Children at Stone-Robinson work on a
sorting and counting activity with their teacher.
Counting forwards and backwards and identifying numerals continue to be the
most challenging areas for our preschoolers in both the beginning and end of
the year, but these are by far the areas of greatest improvement over the
course of the year.
2%
32%
10%
61%
0%
20%
40%
60%
80%
100%
Fall Spring
Students Demonstrating Desired Numeracy
Skills
Passed all 9
numeracy
subtests
Passed at
least 7 of 9
numeracy
subtests
“My child received the support needed for his successful development.”
~Red Hill Parent
Preschoolers are assessed in the fall and
spring on multiple domains of personal
and social development. While in the fall only 58%
of the 30 items are noted “Usually” or “Consistently,” by
spring 83% of all items are rated as such—a 44%
improvement over the course of the year.
Although the percentage of children achieving
consistently desirable behavior by spring may
appear low in each domain, when compared to their
performance at the start of school, Bright Stars do make
quite significant gains.
The poorest performance at the start of school tends to be in
the areas of Social Problem-Solving and Interactions With
Others (e.g., appropriately expressing feelings, managing
conflict, sharing, and social play). Bright Stars are regularly
presented with opportunities to develop and practice these
skills in the course of work and play during each preschool
day. It is not surprising that these areas show the greatest
improvements, with 67% and 53% gains in the percentage of
children consistently demonstrating the desired behaviors.
PERSONAL AND SOCIAL DEVELOPMENT
Teachers and early childhood researchers tend to agree that readiness for kindergarten is about
knowing how to get along with others, learning to share, take turns and follow directions, and
being curious and excited about learning. This foundation prepares children to be more open to
learning new skills and more likely to be successful. The
standards outlined in Virginia’s Foundation Blocks for Early
Learning specifically include expectations for social and
personal development in addition to those for Literacy,
Math, Physical/Motor Development, Science, and History.
“They have fun while learning academic
and social skills and enjoy hands-on, get-
out-there-and-experience-it learning.”
~Greer Parent
“This helped my
son to be more
confident and much more
independent.”
~Stony Point Parent
Fall Spring
Self Concept: Self-confidence and self-reflection 7%28%
Self Control: Self-direction and responsibility 22%44%
Approaches to Learning: Eagerness and persistence as a learner 41%72%
Interaction with Others: Ease of interactions with other children and familiar adults 29%62%
Social Problem- Solving: Use of non-physical ways to resolve conflicts 25%62%
Children Consistently
Demonstrating All
Aspects of Domain
Personal/Social Development
Domains and Definitions
FAMILY ENGAGEMENT
Engaging a child’s family in the school community is viewed as key to long -term success in
school. Measures of Parent Engagement include attendance at Parent -Teacher Conferences
and school events such as Open House and Back -To-School Night as well as participation in
Bright Stars Family Events and class field trips held frequently throughout the year.
Overall, parents engaged in nearly half of all the
possible opportunities for family involvement - a very
significant statement in support of their child’s entry to the school community. Other
indicators of the Bright Stars’ parent involvement include:
“They really worked with the
kids on letters, numbers,
sounds, rhymes, letter of the
week – and showed me new
ways to teach him things.”
~Stone-Robinson Parent
“Family events, especially at the beginning of the year,
reassured us all and made the transition easier.”
~Stony Point Parent
The Scottsville program hosts
an annual dinner gathering
for dads, stepdads, uncles,
granddads—all the important
men in the lives of
our Bright Stars.
Woodbrook and Agnor-
Hurt parents assemble
Make-And-Take projects
to be used at home with
their preschoolers.
86% of parents attended both the fall and spring Parent-Teacher Conferences
96% of families attended at least one school function, excluding conferences
86% of families attended 3 or more functions besides conferences
one school had 100% attendance for Open House, Back To School Night, and
the fall and spring conferences
“Of course, I LOVE the fact that kids are coming to us MUCH more prepared
for the level of work and with the necessary skills they need to succeed in
kindergarten and first grade, but more than that the parents also know how
to ‘play school’ and understand by the time they come to K/1 what our goals
are and expectations for work and behavior.”
~Laura Morris, 1st Grade Teacher
PARENT SATISFACTION
In keeping with previous years’ outcomes, parents’ satisfaction with
the preschool class and Bright Stars experience was consistently
high, with 100% of parents indicating they felt their child benefitted
from the program and 96% affirming they would recommend Bright
Stars to others. An overwhelming number of parents (99%) noted
that they felt their child was more likely to be comfortable and
successful in kindergarten than if they had not participated in
the Bright Stars program. Besides this positive assessment of
overall impact, parents noted improvements in many specific
areas as well.
“The teachers are
very kind and have
enough attention for
the children and
parents.”
~Cale Parent
“My family
enjoyed being
part of the Bright Stars Program!
We really appreciate the support
and dedication of the teachers
and the Family Coordinator.”
~Red Hill Parent
Growth
Domain Definition
Parents
Reporting
Improvement
Language Understanding and using oral
speech 90%
Social Getting along with other
children and adults 94%
Self Care Meeting own needs for
feeding, toileting, dressing, etc.88%
Motor Moving large muscles and
using small, fine muscles 85%
Pre-Academic Recognizing colors, letters,
numbers, songs, etc.91%
Problem-
Solving Skills
Using cooperation, asking for
help, etc.86%
Child Improvement in Growth Domains
99%100%97%89%93%99%100%99%98%94%93%99%
0%
20%
40%
60%
80%
100%
Parent
Involvement
Was
Encouraged
Teacher
Communicated
Well With
Parents
Pleased with
Teacher-Child
Interactions
Family
Coordinator
Was Helpful
Family
Events Were
Helpful
Information on
School Events
Was Helpful
Parents Who Strongly Agree or Agree With Program Elements
2010-2011 2011-2012
“They always kept us informed and always included
and treated me with respect.” ~Scottsville Parent
Total
Personnel
Expenses
94.9%
Total
Maintenance
and
Operating
Expenses
5.1%
Bright Stars Revenues FY2011-2012
Virginia Preschool Initiative Grant $ 409,500
Transfer from School Fund $ 95,535
Transfer from Local Government $ 542,452
Total Bright Stars Revenues $ 1,047,487
Bright Stars Expenditures FY2011-2012
Total Personnel Expenses $ 993,911
Total Maintenance and Operating Expenses $ 53,576
Total Bright Stars Expenditures $ 1,047,487
Virginia
Preschool
Initiative
Grant
39.1%
Transfer
from School
Fund
9.1%
Transfer
from Local
Government
51.8%
BRIGHT STARS FISCAL REPORT
FY 2012 Revenues
The above Bright Stars Program budget includes 40% of the Bright Stars Family
Coordinator positions and the remaining 60% is funded in the Albemarle County
Department of Social Services general fund
FY 2012 Expenditures
AT WORK
AND AT PLAY…
LEARNING
EVERY
DAY
Play is the work of childhood, and
the Bright Stars classrooms offer so
many ways for our preschoolers to
explore their interests and abilities
as well as ways that they are similar
to and different from their peers.
“I really enjoyed reading to the kids and spending time in the classroom. It
certainly helped me better understand and appreciate the important work
being done through our Bright Stars program.” ~Tom Foley, County Executive
Field trips offer unique
opportunities to learn
about the world beyond the
classroom. Visits to Slice
Pizza, Whole Foods, and
Carter Mountain Orchard
showed Bright Stars the
source of foods they eat.
Volunteers and members of the
community enrich the experiences
provided in the classroom. Police
officers and firemen explain their
roles and reinforce safety skills,
parents share about their jobs, and
special guests participate in some of
the Bright Stars’ favorite activities.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZTA-2013-01 Phase I Wireless
SUBJECT/PROPOSAL/REQUEST:
Work session on Phase I changes to the wireless regula-
tions to address changes in Federal and State laws and
FCC rulings that have occurred since 2004.
STAFF CONTACT(S):
Messrs. Foley, Davis, Kamptner, Graham, and Fritz; and
Ms. Baldwin
PRESENTER (S): Mr. Fritz
LEGAL REVIEW: Yes
AGENDA DATE:
March 6, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
On October 3, 2012, the Board adopted resolutions of intent to amend the wireless regulations in the Zoning
Ordinance in two phases. The Phase 1 zoning text amendment (ZTA) will amend the wireless regulations to ensure
that the County’s regulations are consistent with the recent changes in federal law, add relevant definitions related to
those changes in federal law, and delete those requirements that are no longer necessary. The resolution of intent for
the Phase 1 ZTA is attached (Attachment A). The Phase 2 ZTA will amend the wireless regulations to change certain
application requirements, procedures and standards for reviewing and approving personal wireless facilities, standards
for monopoles and the equipment attached to monopoles, and certain definitions and district regulations.
The purpose of this work session is to review the proposed Phase 1 ZTA prior to holding public hearings. The Phase
2 ZTA will proceed after the Phase 1 ZTA is adopted and implemented.
STRATEGIC PLAN:
Goal 3: Encourage a diverse and vibrant local economy.
DISCUSSION:
Staff held a roundtable on January 17, 2013 with wireless industry representatives and interested members of the
public to discuss the Phase 1 changes. Two primary issues for the roundtable were implementing the requirements of
Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (Section 6409) and the Federal
Communications Commission’s “shot clock” ruling.
A copy of the proposed Phase 1 ZTA is attached (Attachment B). The significant provisions of the proposed ZTA are:
- Adds and amends definitions.
- Allows collocating and replacing equipment by-right if it does not result in a substantial change to the facility.
- Allows Tier II applications to be approved administratively.
- Requires balloon tests at the request of the agent, instead of in all cases.
- Eliminates the automatic annual reporting requirement.
- Clarifies the procedures and requirements for making changes to wireless facilities and sites previously
approved.
- Codifies review times consistent with the FCC “shot clock” ruling.
Adds and clarifies definitions.
The proposed ordinance defines some new terminology resulting from Section 6409 and the FCC’s shot clock ruling.
The proposed ordinance also clarifies some existing definitions.
Allows collocating and replacing equipment by-right if it does not result in a substantial change to the facility.
Section 6409 requires that localities approve applications to collocate and replace equipment on an existing “tower” if
the modification does not result in a substantial change to the physical dimensions of the facility. The proposed
ordinance delineates several classes of changes that would not result in a substantial change to the physical
dimensions of a facility and, therefore, would have to be approved by the agent:
- Adding one or more antennas.
- Replacing a tower at an equal or lesser height.
AGENDA TITLE: ZTA-2013-01 Phase I Wireless
March 6, 2013
Page 2
- Replacing a treetop tower with one that is not more than 10 feet taller than the reference tree.
- Strengthening a tower without the use of guy wires.
- Expanding the lease area up to two times the original lease area.
- Adding ground equipment.
These changes would be considered substantial changes if the facility is located in an avoidance area, an entrance
corridor district overlay, or within 500 feet of a dwelling.
At the January 17, 2013 roundtable, staff received the following additional suggestions about changes that should not
be considered substantial:
- A requirement that if a treetop facility is increased to 10 feet above the reference tree, the setback to the
property line must equal to or exceed the height of the tower.
- Allowing an increase in the height of any facility provided that its backdrop is maintained.
- Allowing an increase in tower height of 20 feet or the off-set of additional antenna by 20 feet from the face of
the tower (from the FCC’s shot clock ruling).
- Adding cables or other measures to strengthen a tower which results in the design standards for the width
being exceeded.
- Allowing an increase in facility height if it satisfies “facility height to property line” setback requirements (e.g., a
facility could be increased in height to 150 feet if it was set back from the property line at least 150 feet).
Staff’s opinion is that these changes are substantial and they have not been included in the proposed ordinance. For
example, increases in tower height of up to 20 feet or antenna off-sets of up to 20 feet from the face of the tower will
be substantial changes to tree top facilities having flush-mounted antennas under Section 6409. These 20-foot
thresholds are derived from the Programmatic Agreement (Attachment C) which establishes a definition of a
“substantial increase”. The Programmatic Agreement was developed to streamline federal review of applications to
collocate wireless antennas on properties under Section 106 of the National Historic Preservation Act. The
Programmatic Agreement lists a limited number of collocations that are exempt from certain Federal requirements for
review. The FCC’s Wireless Bureau recently issued a public notice suggesting that “substantial change” should be
interpreted to mean “substantial increase” as used in the FCC’s shot clock ruling.
Staff cannot recommend that the concepts of the FCC’s shot clock ruling or the Programmatic Agreement be applied
to the County’s implementation of Section 6409. Simply put, the FCC’s shot clock ruling addresses merely the time
within which two broad classes of wireless classifications should be acted upon (either within 90 days or 150 days).
Section 6409, on the other hand, is a federal divestiture of state and local zoning authority, and one that Congress
intentionally left open for interpretation. Although it could have, Congress did not use the term “substantial increase” in
Section 6409, which was the term used in the FCC’s shot clock ruling.
Section 6409 is implemented in proposed subsection 5.1.40(f), and it requires that the County approve equipment
collocations and replacement if they do not substantially change the physical dimensions of the facility. The FCC’s shot
clock ruling is implemented in proposed subsection 5.1.40(h), and it requires that the County act on applications for
certain modifications that do not “substantially increase” the size of the facility” within 90 days. Any other wireless
application must be acted on within 150 days. For the purpose of deciding whether an application needs to be
processed within 90 or 150 days, the 20 foot increase in height or antenna off-sets may be reasonable. However,
applying those same thresholds to proposed subsection 5.1.40(f), particularly where multiple modifications to the same
facility could be sought over time, would establish a class of facilities essentially exempt from any zoning review, and
would significantly reduce the County’s zoning authority over wireless facilities.
Allows Tier II applications to be approved administratively.
Under current regulations, Tier II facilities are not more than seven (7) feet taller than the reference tree and the facility
is not located in an avoidance area. Tier II facility review is primarily a ministerial task to confirm that the facility meets
the regulations for a Tier II facility. Discretion is limited to deciding whether to allow the facility to be up to ten (10) feet
taller than the reference tree, instead of the seven (7) feet allowed by right. Before the Sinclair decision, Tier II
facilities were acted on by the Planning Commission. After Sinclair, they are acted on by the Board by special
exception. The proposed ordinance will make Tier II applications subject to review and action by the agent and allow
facilities to be up to ten (10) feet taller than the reference tree by right. If the facility meets the requirements of the
ordinance, it will be approved. If the application is disapproved or requires a special exception to modify a design
standard, it will be acted on by the Board of Supervisors.
AGENDA TITLE: ZTA-2013-01 Phase I Wireless
March 6, 2013
Page 3
Requires balloon tests at the request of the agent.
Currently balloon tests are required for all applications unless a waiver is granted. For many applications, balloon tests
are unnecessary or impracticable. For example, balloons cannot be flown when the proposal is to attach to a power
line and the tests are unnecessary when the proposal is to modify or add equipment to an existing tower. Revising the
ordinance to require balloon tests only at the request of the agent will remove the burden on the applicant and the
County to process waivers. Balloon tests will still be required for new facilities where it is possible to fly a balloon.
Eliminates the automatic annual reporting requirement.
Currently the owner of a wireless facility is required to submit an annual report stating that the facility is still in use.
Monitoring this condition is a substantial burden on the Zoning Administrator. The proposed ordinance requires the
submittal of a report verifying the status of a facility only at the request of the Zoning Administrator.
Allows collocation and replacing equipment by-right if it does not result in a substantial change to the facility.
The proposed ordinance would allow for administrative approval of the collocation and replacement of equipment that
does not result in a substantial change to the facility. This revision is necessary in order to comply with the
requirements of Section 6409.
Clarifies the process for revisions to wireless facilities and sites previously approved.
Before the current wireless regulations were adopted in 2004, wireless facilities were allowed only by special use
permit. Some wireless facilities precede the requirement for a special use permit and are nonconforming. Processing
requested changes to these older facilities has proven to be administratively difficult, cumbersome and expensive for
both the applicant and the County. The proposed ordinance would allow changes to these older facilities and sites to
be processed under the proposed regulations. This will make applications easier to process. This revision was one of
the industry’s most requested amendments. The proposed ordinance also clarifies how the conditions of approval for
these older facilities will apply in several circumstances.
Codifies review times consistent with the FCC shot clock.
The FCC released a Declaratory Ruling in November 2009 which established time frames for acting on applications to
collocate and for new facilities, generally referred to as the shot clock ruling. The ruling requires locality action within
90 days on an application for a collocation and within 150 days for a new facility. The proposed ordinance will codify
these review timelines. A challenge to the FCC’s authority to issue the shot clock ruling is currently pending in the
United States Supreme Court.
BUDGET IMPACT:
No budget impact is anticipated.
RECOMMENDATIONS:
Staff recommends that the Board identify any provisions of the proposed amendments it would like staff to consider
further and direct staff to proceed to public hearing with the Planning Commission.
ATTACHMENTS:
Attachment A – Resolution of Intent to Amend the Ordinance.
Attachment B – Proposed ordinance.
Attachment C – Programmatic Agreement
Attachment D – FCC Public Notice of January 25, 2013
Return to agenda
RESOLUTION OF INTENT
WHEREAS, County Code § 18-5.1.40, which is part of the Albemarle County
Zoning Ordinance, establishes regulations pertaining to personal wireless service
facilities; and
WHEREAS, County Code § 18-3.1 defines a number of the terms used in County
Code § 18-5.1.40; and
WHEREAS, recent changes in the law, including the Federal Communications
Commission’s “Shot Clock” declaratory ruling, and the enactment of Section 6409 of the
Middle Class Tax Relief Act of 2012, affect the time within which the County must act on
certain applications for personal wireless service facilities, and compel the County to
approve certain qualifying applications for the collocation, replacement or removal of
equipment on existing wireless “towers”; and
WHEREAS, practical experience resulting from administering County Code § 18-
5.1.40 since it was adopted in 2004 has allowed the County to identify several
requirements of that section that are no longer necessary; and
WHEREAS, in order to promote the efficient and effective administration of the
County’s regulations, it may be desirable to amend County Code §§ 18-3.1 and 18-
5.1.40 to expressly incorporate recent changes in the law, amend and add definitions
related to those recent changes in the law, and to delete those requirements that are no
longer necessary.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity,
convenience, general welfare and good zoning practices, the Albemarle County Board of
Supervisors hereby adopts a resolution of intent to consider amending Albemarle County
Code §§ 18-3.1 and
18-5.1.40 and any other sections of the Zoning Ordinance deemed to be appropriate, to
achieve the purposes described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a
public hearing on the zoning text amendment proposed pursuant to this resolution of
intent, and make its recommendations to the Board of Supervisors at the earliest
possible date.
* * * * *
Return to exec summary
Draft: 02/21/13
1
ORDINANCE NO. 13-18( )
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 Provisions, and Article II, Basic Regulations, are hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 5.1.40 Personal wireless service facilities
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
. . .
Collocation: As used in section 5.1.40 and any definitions pertaining to personal wireless service facilities, the
mounting or installation of one or more antennas for the purpose of providing personal wireless services on an
existing personal wireless service facility, the addition of related cables, wiring, supporting brackets and other
structural equipment, and the addition of transmission equipment.
. . .
Existing building: As used in section 5.1.40 and any definitions pertaining to personal wireless service facilities, a
building that was lawfully constructed or established and complies with the minimum applicable bulk, height,
setback, floor area, and other structure requirements of the district in which the building is located.
Existing structure: As used in section 5.1.40 and any definitions pertaining to personal wireless service facilities, a
structure, other than a flagpole or an existing personal wireless service facility, that was lawfully constructed or
established and complies with the minimum applicable bulk, height, setback, floor area or other structure
requirements of the district in which the structure is located.
Existing personal wireless service facility or existing facility: As used in section 5.1.40 and any definitions
pertaining to personal wireless service facilities, a personal wireless service facility that was approved under section
5.1.40 or by special use permit prior to October 13, 2004, was thereafter established, and has continued in existence
since being established, and which provides personal wireless services.
. . .
Personal wireless services: Commercial mobile services, unlicensed wireless services, common carrier wireless
exchange access services, as those services are defined by federal law and, for the purposes of this chapter,
unlicensed wireless broadband internet access services.
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 Federal Communications Commission
licensed commercial wireless telecommunications services such as cellular, personal communications services
Draft: 02/21/13
2
(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 and which may be composed of antennas, cables, wiring, supporting brackets and other
structural equipment, grounding rods, transmission equipment, one or more ground equipment shelters, and a self-
supporting monopole or tower. (Added 10-17-01; Amended 10-13-04; Amended 6-1-11)
. . .
Replacement: As used in section 5.1.40 and any definitions pertaining to personal wireless service facilities, the
replacement of one or more antennas, cables, wiring, supporting brackets and other structural equipment,
transmission equipment, and ground equipment shelter, all of which is for the purpose of providing personal
wireless services on an existing personal wireless service facility.
. . .
Tier I personal wireless service facility or Tier I facility: A personal wireless service facility that: (i) is located
entirely within an existing building but which may include a self-contained ground equipment shelter or cabinet not
exceeding one hundred fifty (150) square feet that is not within the building or a whip antenna that satisfy satisfies
the requirements of subsection 5.1.40(c); (ii) consists of one or more antennas, other than a microwave dish,
attached to an existing conforming structure other than a flag pole that do not exceed the height of the structure, and
are flush mounted to the structure, together with associated personal wireless service equipment; or (iii) is located
within or camouflaged by an addition to an existing structure determined by the agent to be in character with the
structure and the surrounding district; (iv) is a collocation or a replacement that does not substantially change the
physical dimensions of an existing personal wireless service facility as that phrase is used in subsection 5.1.40(f); or
(v) is the replacement of a wooden monopole with a metal monopole that does not exceed the maximum dimensions
permitted under subsection 5.1.40(d)(5). (Added 10-13-04)
Article II. Basic Regulations
Sec. 5.1.40 Personal wireless service facilities
(Amended 10-13-04)
The purpose of this section 5.1.40 is to implement the personal wireless service facilities policy, adopted as part of
the comprehensive plan. Each personal wireless service facility (hereinafter “facility”) shall be subject to following,
as applicable:
a. Application for approval: Each request for approval of a facility shall include the following information:
1. Application form and signatures. A completed application form, signed by the parcel owner, the
parcel owner’s agent or the contract purchaser, and the proposed facility’s owner. If the owner’s
agent signs the application, he shall also submit written evidence of the existence and scope of the
agency. If the contract purchaser signs the application, he shall also submit the owner’s written
consent to the application.
2. Plat or survey of the parcel. A recorded plat or recorded boundary survey of the parcel on which
the facility will be located; provided, if neither a recorded plat nor boundary survey exists, a copy
of the legal description of the parcel and the Albemarle County Circuit Court deed book and page
number.
3. Ownership. The identity of the owner of the parcel and, if the owner is other than a real person, the
complete legal name of the entity, a description of the type of entity, and written documentation
Draft: 02/21/13
3
that the person signing on behalf of the entity is authorized to do so.
4. Plans and supporting drawings, calculations and documentation. Except where the facility will be
located entirely within an existing structure or an existing building, a scaled plan and a scaled
elevation view and other supporting drawings, calculations, and other documentation required by
the agent, signed and sealed by an appropriate licensed professional. The plans and supporting
drawings, calculations and documentation shall show:
(a) Existing and proposed improvements. The location and dimensions of all existing and
proposed improvements on the parcel including access roads and structures, the location
and dimensions of significant natural features, and the maximum height above ground of
the facility (also identified in height above sea level).
(b) Elevation. The benchmarks and datum used for elevations. The datum shall coincide with
the Virginia State Plane Coordinate System, South Zone, North American Datum of 1983
(NAD83), United States Survey Feet North American Vertical Datum of 1988 (NAVD88),
and the benchmarks shall be acceptable to the county engineer.
(c) Design. The design of the facility, including the specific type of support structure and the
design, type, location, size, height and configuration of all existing and proposed antennas
and other equipment.
(d) Color. Identification of each paint color on the facility, by manufacturer color name and
color number. A paint chip or sample shall be provided for each color.
(e) Topography. Except where the facility would be attached to an existing structure or an
existing building, the topography within two thousand (2,000) feet of the proposed facility,
in contour intervals not to exceed ten (10) feet for all lands within Albemarle County and,
in contour intervals shown on United States Geological Survey topographic survey maps or
the best topographic data available, for lands not within Albemarle County.
(f) Trees. The height, caliper and species of all trees where the dripline is located within fifty
(50) feet of the facility that are relied upon to establish the proposed height and/or or
screening, or both, of the monopole or tower. All trees that will be adversely impacted or
removed during installation or maintenance of the facility shall be noted, regardless of their
distances to the facility.
(g) Setbacks, parking, fencing, and landscaping. All existing and proposed setbacks, parking,
fencing and landscaping.
(h) Location of accessways. The location of all existing accessways and the location and design
of all proposed accessways.
(i) Location of certain structures and district boundaries. Except where the facility would be
attached to an existing structure or an existing building, residential and commercial
structures, and residential and rural areas zoning district boundaries.
(j) Proximity to airports. If the proposed monopole or tower will be taller than one hundred
fifty (150) feet, the proximity of the facility to commercial and private airports.
5. Photographs. Photographs, where possible, or perspective drawings of the facility site and all
Draft: 02/21/13
4
existing facilities within two hundred (200) feet of the site, if any, and the area surrounding the site.
6. Balloon tests. For any proposed monopole or tower, photographs taken of a balloon test, which
shall be conducted, if requested by the agent, as follows:
(a) Scheduling. The applicant shall contact the agent within ten (10) days after the date the
application was submitted to schedule a date and time when the balloon test will be
conducted. The test shall be conducted within forty (40) days after the date the application
was submitted, and the applicant shall provide the agent with at least seven (7) days prior
notice; provided that this deadline may be extended due to inclement weather or by the
agreement of the applicant and the agent.
(b) Marking key boundaries and locations. Prior to the balloon test, the locations of the access
road, the lease area, the tower site, the reference tree and the tallest tree within twenty five
(25) feet of the proposed monopole shall be surveyed and staked or flagged in the field.
(c) Balloon height. The test shall consist of raising one or more balloons from the site to a
height equal to the proposed facility.
(d) Balloon color or material. The balloons shall be of a color or material that provides
maximum visibility.
(e) Photographing balloon test. The photographs of the balloon test shall be taken from the
nearest residence and from appropriate locations on abutting properties, along each publicly
used road from which the ballocon is visible, and other properties and locations as deemed
appropriate by the agent. The applicant shall identify the camera type, film size, and focal
length of the lens for each photograph.
7. Additions of antennas. If antennas are proposed to be added to an existing structure, existing
building or an existing facility, all existing antennas and other equipment on the structure, building
or facility, as well as all ground equipment, shall be identified by owner, type and size. The
method(s) by which the antennas will be attached to the mounting structure shall be depicted.
8. Site under conservation or open space easement. If the proposed facility would be located on lands
subject to a conservation easement or an open space easement, a copy of the recorded deed of
easement and the express written consent of all easement holders to the proposed facility.
b. Exemption from regulations otherwise applicable: Except as otherwise exempted in this paragraph
subsection, each facility shall be subject to all applicable regulations in this chapter.
1. Building site. Notwithstanding section 4.2.3.1 of this chapter, a facility may be located in an area on
a lot or parcel other than is not required to be located within a building site.
2. Setbacks. Notwithstanding section 4.10.3.1(b) of this chapter, the agent may authorize a facility to
be located closer in distance than the height of the tower or other mounting structure to any lot line
if the applicant obtains an easement or other recordable document showing agreement between the
lot owners, acceptable to the county attorney addressing development on the part of the abutting
parcel sharing the common lot line that is within the facility’s fall zone (e.g., the setback of an
eighty (80) foot-tall facility could be reduced to thirty (30) feet if an easement is established
prohibiting development on the abutting lot within a fifty (50) foot fall zone). If the right-of-way for
a public street is within the fall zone, the Virginia Department of Transportation shall be included in
Draft: 02/21/13
5
the staff review, in lieu of recording an easement or other document.
3. Area, bulk and minimum yards.The area and bulk regulations or minimum yard requirements of the
zoning district in which the facility will be located shall not apply. Notwithstanding the
requirements of the district in which the facility will be located, the area and bulk regulations, and
the minimum yard requirements of the district shall not apply.
4. Required yards. Notwithstanding section 4.11 of this chapter, a facility may be located in a required
yard.
5. Site plan. Notwithstanding section 32.2 of this chapter, a site plan shall not be required for a
facility, but the facility shall be subject to the requirements of section 32 and the applicant shall
submit all schematics, plans, calculations, drawings and other information required by the agent to
determine whether the facility complies with section 32. In making this determination, the agent
may impose reasonable conditions authorized by section 32 in order to assure ensure compliance.
c. Tier I facilities. Each Tier I facility may be established upon approval by the agent of an application
satisfying the requirements of subsection 5.1.40(a) by the agent, demonstrating that the facility will be
installed and operated in compliance with all applicable provisions of this chapter, satisfying all conditions
of the architectural review board, and meeting satisfying the following conditions:
1. Compliance with subsection 5.1.40(b). The facility shall comply with the applicable requirements
of subsection 5.1.40(b).
2. General design. The facility shall be designed, constructed installed and maintained as follows: (i)
guy wires shall not be permitted; (ii) outdoor lighting for the facility shall be permitted only during
maintenance periods; regardless of the lumens emitted, each outdoor luminaire shall be fully
shielded as required by section 4.17 of this chapter; provided that these restrictions shall not apply
to any outdoor lighting required by federal law; (iii) any ground equipment cabinet shelter not
located within the an existing structure or an existing building shall be screened from all lot lines
either by terrain, existing structures, existing vegetation, or by added vegetation approved by the
county’s landscape planner agent; (iv) a whip antenna less than six (6) inches in diameter may
exceed the height of the existing structure or the existing building; (v) a grounding rod, whose
height shall not exceed two (2) feet and whose width shall not exceed one (1) inch in diameter at
the base and tapering to a point, may be installed at the top of the facility, or the existing structure
or the existing building; and (vi) within one month thirty (30) days after the completion of the
installation of the facility, the applicant shall provide a statement to the agent certifying that the
height of all components of the facility complies with this regulation.
3. Antennas and associated equipment. Equipment shall be Antennas and associated equipment that
are attached to the exterior of structure only as follows not entirely within a proposed facility, an
existing facility, an existing structure, or an existing building shall be subject to the following: (i)
the total number of arrays of antennas attached to the existing structure shall not exceed three (3),
and each antenna proposed to be attached under the pending application shall not exceed the size
shown on the application, which size shall not exceed one thousand one hundred fifty two (1152)
square inches; (ii) no antenna shall project from the facility, structure or building beyond the
minimum required by the mounting equipment, and in no case shall any point on the face of an
antenna project more than twelve (12) inches from the existing structure facility, structure or
building; and (iii) each antenna and associated equipment shall be a color that matches the existing
structure facility, structure or building. For purposes of this section, all types of antennas and
dishes, regardless of their use, shall be counted toward the limit of three arrays.
Draft: 02/21/13
6
4. Tree conservation plan; content. Prior to issuance of a building permit Before the building official
issues a building permit for the facility, the applicant shall submit a tree conservation plan prepared
by a certified arborist. The plan shall be submitted to the agent for review and approval to assure
ensure that all applicable requirements have been satisfied. The plan shall specify tree protection
methods and procedures, and identify all existing trees to be removed on the parcel for the
installation, operation and maintenance of the facility, and identify all dead and dying trees that are
recommended to be removed. Except for the tree removal expressly authorized by the agent, the
applicant shall not remove existing trees within the lease area or within one hundred (100) feet in
all directions surrounding the lease area of any part of the facility. In addition approving the plan,
the agent may identify additional trees or lands up to two hundred (200) feet from the lease area to
be included in the plan.
5. Tree conservation plan; compliance; amendment. The installation, operation and maintenance of
the facility shall be conducted in accordance with the tree conservation plan. Dead and dying trees
identified by the arborist’s report may be removed if so noted on the tree conservation plan. The
applicant shall not remove existing trees within the lease area or within one hundred (100) feet in
all directions surrounding the lease area of any part of the facility except for those trees identified
on the plan to be removed for the installation, operation and maintenance of the facility and dead
and dying trees. If tree removal is later requested that was not approved by the agent when the tree
conservation plan was approved Before the applicant removes any tree not designated for removal
on the approved plan, the applicant shall submit and obtain approval of an amended plan. The agent
may approve the amended plan if the proposed tree removal will not adversely affect the visibility
of the facility from any location off of the parcel. The agent may impose reasonable conditions to
assure ensure that the purposes of this paragraph are achieved.
6. Discontinuance of use; removal; surety. The facility shall be disassembled and removed from the
site within ninety (90) days of after the date its use for personal wireless service purposes is
discontinued. If the agent determines at any time that surety is required to guarantee that the
facility will be removed as required, the agent may require that the parcel owner or the owner of the
facility submit a certified check, a bond with surety, or a letter of credit, in an amount sufficient for,
and conditioned upon, the removal of the facility. The type and form of the surety guarantee shall
be to the satisfaction of the agent and the county attorney. In determining whether surety should be
required, the agent shall consider the following: (i) the annual report states that the tower or pole is
no longer being used for personal wireless service facilities; (ii) the annual report was not filed; (iii)
whether there is a change in technology that makes it likely that the monopole or tower or pole will
be unnecessary in the near future; (ivii) the permittee fails to comply with applicable regulations or
conditions; (viii) the permittee fails to timely remove another monopole or tower or pole within the
county; and (viv) whenever otherwise deemed necessary by the agent.
7. The owner of the facility shall submit a report to the agent by no earlier than May or and no later
than July 1 of each year. The report shall identify each user of the existing structure, and include a
drawing, photograph or other illustration identifying which equipment is owned and/or operated by
each personal wireless service provider. Multiple users on a single tower or other mounting
structure may submit a single report, provided that the report includes a statement signed by a
representative from each user acquiescing in the report.
87. Creation of slopes steeper than 2:1. No slopes associated with the installation of the facility and its
accessory uses shall be created that are steeper than 2:1 unless retaining walls, revetments, or other
stabilization measures acceptable to the county engineer are employed.
Draft: 02/21/13
7
98. Ground equipment shelter; fencing. Any ground equipment cabinet shelter not located within an
existing building shall be fenced only with the approval of the agent upon finding that the fence: (i)
would protect the facility from trespass in areas of high volumes of vehicular or pedestrian traffic
or, in the rural areas, to protect the facility from livestock or wildlife; (ii) would not be detrimental
to the character of the area; and (iii) would not be detrimental to the public health, safety or general
welfare.
d. Tier II facilities. Each Tier II facility may be established upon commission approval by the agent of an
application satisfying the requirements of subsection 5.1.40(a) and demonstrating that the facility will be
installed and operated in compliance with all applicable provisions of this chapter, criteria (1) through (8)
below, and satisfying all conditions of the architectural review board. The commission shall act on each
application within the time periods established in section 32.4.2.6. The commission shall approve each
application, without conditions, once it determines that all of these requirements have been satisfied. If the
commission denies an application, it shall identify which requirements were not satisfied and inform the
applicant what needs to be done to satisfy each requirement. and demonstrating that the facility will be
installed and operated in compliance with all applicable provisions of this chapter, and satisfying the
following:
1. Compliance with subsections 5.1.40(b) and 5.1.40(c). The facility shall comply with the applicable
requirements of subsection 5.1.40(b) and with the requirements of subsections 5.1.40(c)(2) through
(98).
2. Screening and siting to minimize visibility. The site shall provide adequate opportunities for
screening and the facility shall be sited to minimize its visibility from adjacent parcels and streets,
regardless of their distance from the facility. If the facility would be visible from a state scenic river
or a national park or national forest, regardless of whether the site is adjacent thereto, tThe facility
also shall be sited to minimize its visibility from such river, park or forest any state scenic river,
national park or national forest, regardless of whether the site is adjacent to the river, park or forest.
If the facility would be located on lands subject to a conservation easement or an open space
easement, or adjacent to a conservation easement or open space easement, the facility shall be sited
so that it is not visible from any resources specifically identified for protection in the deed of
easement.
3. Open space plan resources. The facility shall not adversely impact resources identified in the
county’s open space plan.
4. Horizontal separation of multiple facilities. The facility shall not be located so that it and three (3)
or more existing or approved personal wireless service facilities would be within an area comprised
of a circle centered anywhere on the ground having a radius of two hundred (200) feet.
5. Diameter of monopole. The maximum base diameter of the monopole shall be thirty (30) inches
and the maximum diameter at the top of the monopole shall be eighteen (18) inches.
6. Height of monopole. The top of the monopole, measured in elevation above mean sea level, shall
not exceed the height approved by the commission. The approved height shall not be more than
seven (7) ten (10) feet taller than the tallest tree within twenty-five (25) feet of the monopole, and
shall include any base, foundation or grading that raises the monopole above the pre-existing
natural ground elevation; provided that the height approved by the commission may be up to ten
(10) feet taller than the tallest tree if the owner of the facility demonstrates to the satisfaction of the
commission that there is not a material difference in the visibility of the monopole at the proposed
height, rather than at a height seven (7) feet taller than the tallest tree; and there is not a material
Draft: 02/21/13
8
difference in adverse impacts to resources identified in the county’s open space plan caused by the
monopole at the proposed height, rather than at a height seven (7) feet taller than the tallest tre e.
The applicant may appeal the commissioner’s denial of a modification to the board of supervisors
as provided in subsection 5.1.40(d)(12).
7. Color of monopole, antennas and equipment. Each wood monopole shall be a dark brown natural or
painted wood color; each metal or concrete monopole shall be painted a brown wood color to that
blends into the surrounding trees. The antennas, supporting brackets, and all other equipment
attached to the monopole shall be a color that closely matches that of the monopole. The ground
equipment, the ground equipment cabinet shelter, and the concrete pad shall also be a color that
closely matches that of the monopole, provided that the ground equipment and the concrete pad
need not be of such a closely match the color of the monopole if they are enclosed within a ground
equipment shelter or within or behind an approved structure, façade or fencing that: (i) is a color
that closely matches that of the monopole; (ii) is consistent with the character of the area; and (iii)
makes the ground equipment, ground equipment shelter, and the concrete pad invisible at any time
of year from any other parcel or a public or private street.
8. Placement of cables, wiring and similar attachments. Each wood or concrete monopole shall be
constructed so that all cables, wiring and similar attachments that run vertically from the ground
equipment to the antennas are placed on the monopole to face the interior of the property site and
away from public view, as determined by the agent. Metal monopoles shall be constructed so that
vertical cables, wiring and similar attachments are contained within the monopole’s structure.
9. Building permit application; submitting certification of monopole height and revised plans. The
following shall be submitted with the building permit application: (i) certification by a registered
surveyor stating the height of the reference tree that is used to determine the permissible height of
the monopole; and (ii) a final revised set of plans for the construction of the facility. The agent shall
review the surveyor’s certificate and the plans to assure ensure that all applicable requirements have
been satisfied.
10. Completion of installation; submitting certifications of monopole and lightning rod height. The
following shall be submitted to the agent after installation of the monopole is completed and prior
to issuance of a certificate of occupancy: (i) certification by a registered surveyor stating the height
of the monopole, measured both in feet above ground level and in elevation above mean sea level,
using the benchmarks or reference datum identified in the application; and (ii) certification stating
that the lightning rod’s height does not exceed two (2) feet above the top of the monopole and
width does not exceed a diameter of one (1) inch.
11. Notice. Notice of the commission’s agent’s consideration of an application for a Tier II facility shall
be sent by the agent to the owner of each lot parcel abutting the lot parcel on which the proposed
facility will be located. The notice shall describe the nature of the facility, its proposed location on
the lot, its proposed height, and the appropriate county office where the complete Tier II facility
application may be viewed, and the date, time and location where the commission will consider the
application. The notice shall be mailed by first class mail or hand delivered at least ten (10) days
prior to before the commission meeting agent acts on the application. Mailed notice shall be mailed
to the last known address of the owner, and mailing the notice to the address shown on the current
real estate tax assessment records of the county shall be deemed compliance with this requirement.
The failure of an owner to receive the notice as provided herein shall not affect the validity of an
approved Tier II facility and shall not be the basis for an appeal.
Draft: 02/21/13
9
12. Disapproval of application; appeal. If the agent disapproves an application, he shall identify which
requirements were not satisfied and inform the applicant what needs to be done to satisfy each
requirement. The applicant may appeal the disapproval of an application to the board of
supervisors. The board of supervisors may consider an application for a Tier II facility only upon an
appeal of the denial of the application by the commission. An appeal shall be submitted in writing
and be received in the office of the agent clerk of the board of supervisors within ten (10) calendar
days after the date of the denial disapproval by the commission agent. In considering an appeal, the
board may affirm, reverse, or modify in whole or in part, the decision of the commission agent, and
its decision shall be based upon the requirements delineated in this subsection (d).
13. Agent approval of increase in height of monopole based on increase in height of reference tree.
Upon the written request of the applicant, the agent may authorize the height of an existing Tier II
facility’s monopole to be increased above its originally approved height upon finding that the
reference tree has grown to a height that is relative to the requested increase in height of the
monopole. The application shall include a certified survey of the reference tree’s new height, as
well as the heights of other trees to be considered by the agent. The agent shall not grant such a
request if the increase in height would cause the facility to be skylighted or would increase the
extent to which it is skylighted.
e. Tier III facilities. Each Tier III facility may be established upon approval of a special use permit issued
pursuant to section 31.2.4 of this chapter by the board of supervisors, initiated upon an application
satisfying the requirements of subsection 5.1.40(a) and section 31.2.4 33.4, and it shall be installed and
operated in compliance with all applicable provisions of this chapter and the following:
1. The facility shall comply with the applicable requirements of subsections 5.1.40(b), the
requirements of subsections 5.1.40(c)(2) through (98), and the requirements of subsections
5.1.40(d)(2), (3) and (7), unless modified by the board of supervisors during special use permit
review.
2. The facility shall comply with all conditions of approval of the special use permit.
f. Collocation, replacement or removal. Any collocation, replacement or removal of antennas or equipment
is subject to the following:
1. Collocation or replacement that would not substantially change the physical dimensions of a
facility approved as a Tier I, II or III facility. Upon receipt by the agent of an application satisfying
the requirements of subsections 5.1.40(a)(1), (3), (4) and (7), any collocation or replacement that
would not substantially change the physical dimensions of an existing facility approved as a Tier I,
II or III facility shall be approved by the agent. The agent shall approve the application regardless
of whether the proposed antennas or equipment are different from those shown on, or were not
shown on, the previously approved application under subsection 5.1.40(a)(4)(c) or any condition
imposed in conjunction with a special use permit for a Tier III facility.
2. Collocation or replacement that would substantially change the physical dimensions of a facility
approved as a Tier I, II or III facility. Any collocation or replacement that would substantially
change the physical dimensions of an existing facility approved as a Tier I, II or III facility shall
be reviewed and acted upon as a Tier I, II or III facility, as applicable.
3. Collocation or replacement that would not substantially change the physical dimensions of a
facility approved by special use permit prior to October 13, 2004 or a facility that is a
nonconforming structure. Upon receipt by the agent of an application satisfying the requirements of
Draft: 02/21/13
10
subsections 5.1.40(a)(1), (3), (4) and (7), any collocation or replacement that would not
substantially change the physical dimensions of an existing facility approved by special use permit
prior to October 13, 2004 or that is a nonconforming structure shall be approved by the agent. The
agent shall approve the application regardless of whether the proposed antennas or equipment are
different from those shown on any plans approved or condition imposed in conjunction with a
special use permit.
4. Collocation or replacement that would substantially change the physical dimensions of a facility
approved by special use permit prior to October 13, 2004 or a facility that is a nonconforming
structure. Any collocation or replacement that would substantially change the physical
dimensions of an existing facility approved by special use permit prior to October 13, 2004 or
that is a nonconforming structure shall be subject to, reviewed and acted upon as a Tier I, II or III
facility, as provided in subsection 5.1.40(g)(3).
5. Removal of antennas or equipment on any Tier I, II or III facility, any facility approved by special
use permit prior to October 13, 2004 or any facility that is a nonconforming structure. Any
antennas or equipment on any existing Tier I, II or III facility, any existing facility approved by
special use permit prior to October 13, 2004 or that is a nonconforming structure may be removed
as a matter of right and regardless of any special use permit condition providing otherwise.
6. Meaning of “collocation or replacement that would not substantially change the physical
dimensions of an existing facility.” A collocation or replacement that would not substantially
change the physical dimensions of an existing facility is any change to the physical dimensions of
an existing facility that is within neither an avoidance area nor an entrance corridor overlay district
(section 30.6), nor within five hundred (500) feet of a dwelling unit, that would: (i) add one or more
antennas to the facility provided that the requirements of subsections 5.1.40(c)(1), (2), (3), (6) and
(8) are satisfied; (ii) replace an existing monopole or tower with a monopole or tower of an equal or
lesser height, provided that the requirements of subsection 5.1.40(d) (1), (5), (7), (8) and (10) are
satisfied; (iii) replace an existing treetop facility with a monopole that is not more than ten (10) feet
taller than the reference tree, provided that the requirements of subsection 5.1.40(d) (1), (5), (7), (8)
and (10) are satisfied; (iv) strengthen an existing monopole or tower without the use of guy wires,
provided that the requirements of subsection 5.1.40(d)(5), (7) and (8) are satisfied; or (v) expand
the lease area or add ground equipment either within or outside of a ground equipment shelter,
provided that the expanded lease area does not exceed twice the square footage of the original lease
area, and further provided that the requirements of subsections 5.1.40(c)(7) and 5.1.40(d) (2), (4),
(5), (8) and (9) are satisfied.
g. Administration of special use permits for facilities approved prior to October 13, 2004. The following
applies to the administration of any special use permit for an existing facility approved prior to October 13,
2004:
1. Facility complies with the standards of a Tier I or Tier II facility. If a facility complies with the
standards of a Tier I or Tier II facility, it shall be classified as a Tier I or Tier II facility and the
prior special use permit conditions, including those not germane to any Tier I or Tier II standard,
shall have no further force or effect.
2. Conditions. If any condition of the special use permit is more restrictive than a corresponding
standard in subsection 5.1.40(c) or (d), the corresponding standard in subsection 5.1.40(c) or (d)
shall apply. If any condition of the special use permit is less restrictive than a corresponding
standard in subsection 5.1.40(c) or (d) and the applicant establishes that vested rights have attached
to the approved facility, the special use permit conditions shall apply.
Draft: 02/21/13
11
3. Change to a facility that would substantially change the physical dimensions of a facility approved
by special use permit prior to October 13, 2004. Any proposed change to a facility that would
substantially change the physical dimensions of the facility approved by special use permit prior to
October 13, 2004 under subsection 5.1.40(f)(4) shall be subject to the procedures and standards for
a Tier II facility if the facility would qualify as a Tier II facility, or a Tier III facility if the facility
would not qualify as a Tier II facility.
4. Effect of changes. Any change to a facility by collocation or replacement under subsection
5.1.40(f)(3) shall not reclassify the facility as a Tier I, II or III facility. Any change to a facility by
collocation or replacement under subsection 5.1.40(g)(3) shall reclassify the facility as a Tier II or
Tier III facility, as applicable. If the facility is approved as a Tier II facility, the prior special use
permit conditions shall have no further force or effect.
h. Time for action. Each action on an application for a Tier I, II or III facility shall be taken within the
following periods:
1. Applications for Tier I and Tier II facilities and applications for existing Tier III facilities that
would not substantially increase the size of an existing tower or monopole. Any application for a
Tier I or Tier II facility, and any application for an existing Tier III facility that would not
substantially increase the size of the existing monopole or tower, shall be approved or
disapproved within ninety (90) days, as calculated under subsection 5.1.40(h)(3).
2. Applications for new Tier III facilities and applications for existing Tier III facilities that would
substantially increase the size of an existing monopole or tower. Any application for a Tier III
facility, and any application for an existing Tier III facility that would substantially increase the
size of an existing monopole or tower, shall be approved or disapproved within one hundred fifty
(150) days, as calculated under subsection 5.1.40(h)(3).
3. Calculating the time for action. The time for action on an application shall be calculated as
follows:
(a) Commencement. The time for action under subsection 5.1.40(h)(1) or (h)(2) shall begin
on the date the application is received in the department of community development.
(b) Determination of completeness. Within thirty (30) days after the application is received,
the department of community development shall determine whether the application
includes all of the applicable information required under subsections 5.1.40(a) through
(e). If any required information was not provided, the department shall inform the
applicant within the thirty (30) day period about which information must be submitted in
order for the application to be determined to be complete.
(c) Tolling. The running of the time for action under subsection 5.1.40(h)(1) or (h)(2) shall
be tolled between the date that the department informs the applicant that its application is
incomplete under subsection 5.1.40(h)(3)(b) and the date on which the department
receives all of the required information from the applicant.
(d) Extension of running of time for action. The time by which action must be taken under
subsection 5.1.40(h)(1) or (h)(2) may be extended upon request by, or with the consent
of, the applicant.
Draft: 02/21/13
12
4. Effect of failure to approve or disapprove within time for action. The failure to approve or
disapprove an application within the time for action shall not be deemed to be approval of the
application but, instead, shall only create a rebuttable presumption that the failure to timely act
was not reasonable under 47 U.S.C. § 332(c)(7)(B)(ii).
5. Meaning of “substantially increase the size of a monopole or tower”. The phrase “substantially
increase the size of a monopole or tower” means: (i) the mounting of the proposed antenna would
increase the height of the monopole or tower by more than ten (10) percent, or by the height of one
additional antenna array with separation from the nearest existing antenna not to exceed twenty (20)
feet, whichever is greater, except that the mounting of the proposed antenna may exceed the size
limits set forth herein if necessary to avoid interference with existing antennas; (ii) the mounting of
the proposed antenna would include installing more than the standard number of new equipment
cabinets for the technology involved, not to exceed four (4), or more than one new ground
equipment shelter; (iii) the mounting of the proposed antenna would involve adding an
appurtenance to the body of the monopole or tower that would protrude from the edge of the
monopole or tower more than twenty (20) feet, or more than the width of the monopole or tower
structure at the level of the appurtenance, whichever is greater, except that the mounting of the
proposed antenna may exceed the size limits set forth herein if necessary to shelter the antenna
from inclement weather or to connect the antenna to the monopole or tower by cable; or (iv) the
mounting of the proposed antenna would involve excavation outside the current boundaries of the
leased or owned property surrounding the monopole or tower and any access or utility easements
currently related to the site.
(§ 5.1.40, Ord. 01-18(9), 10-17-01; Ord. 04-18(2), 10-13-04)
Return to exec summary
FCC Programmatic Agreement Definition of “Substantial increase in the
size of the tower”
“Substantial increase in the size of the tower” means:
1) The mounting of the proposed antenna on the tower would increase the existing height of the tower
by more than 10%, or by the height of one additional antenna array with separation from the nearest
existing antenna not to exceed twenty feet, whichever is greater, except that the mounting of the
proposed antenna may exceed the size limits set forth in this paragraph if necessary to avoid
interference with existing antennas; or
2) The mounting of the proposed antenna would involve the installation of more than the standard
number of new equipment cabinets for the technology involved, not to exceed four, or more than one
new equipment shelter; or
3) The mounting of the proposed antenna would involve adding an appurtenance to the body of the
tower that would protrude from the edge of the tower more than twenty feet, or more than the width
of the tower structure at the level of the appurtenance, whichever is greater, except that the mounting
of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to shelter
the antenna from inclement weather or to connect the antenna to the tower via cable; or
4) The mounting of the proposed antenna would involve excavation outside the current tower site,
defined as the current boundaries of the leased or owned property surrounding the tower and any
access or utility easements currently related to the site.
Return to exec summary
PUBLIC NOTICE
Federal Communications Commission
445 12th St., S.W.
Washington, D.C. 20554
News Media Information 202 / 418-0500
Internet: http://www.fcc.gov
TTY: 1-888-835-5322
WIRELESS TELECOMMUNICATIONS BUREAU OFFERS GUIDANCE ON
INTERPRETATION OF SECTION 6409(a) OF THE MIDDLE CLASS TAX RELIEF AND
JOB CREATION ACT OF 2012
DA 12-2047
January 25, 2013
On February 22, 2012, the Middle Class Tax Relief and Job Creation Act of 2012 (Tax Act)1 became law.
Section 6409(a) of the Tax Act provides that a state or local government “may not deny, and shall
approve” any request for collocation, removal, or replacement of transmission equipment on an existing
wireless tower or base station, provided this action does not substantially change the physical dimensions
of the tower or base station.2 The full text of Section 6409(a) is reproduced in the Appendix to this Public
Notice.
To date, the Commission has not received any formal petition to interpret or apply the provisions of
Section 6409(a). We also are unaware of any judicial precedent interpreting or applying its terms. The
Wireless Telecommunications Bureau has, however, received informal inquiries from service providers,
facilities owners, and state and local governments seeking guidance as to how Section 6409(a) should be
applied. In order to assist interested parties, this Public Notice summarizes the Bureau’s understanding of
Section 6409(a) in response to several of the most frequently asked questions.3
What does it mean to “substantially change the physical dimensions” of a tower or base station?
Section 6409(a) does not define what constitutes a “substantial[] change” in the dimensions of a tower or
base station. In a similar context, under the Nationwide Collocation Agreement with the Advisory
Council on Historic Preservation and the National Conference of State Historic Preservation Officers, the
Commission has applied a four-prong test to determine whether a collocation will effect a “substantial
increase in the size of [a] tower.”4 A proposed collocation that does not involve a substantial increase in
1 Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, H.R. 3630, 126 Stat. 156 (enacted Feb. 22,
2012)(Tax Act).
2 Id., § 6409(a).
3 Although we offer this interpretive guidance to assist parties in understanding their obligations under Section
6409(c), see, e.g., Truckers United for Safety v. Federal Highway Administration, 139 F.3d 934 (D.C.Cir. 1998), the
Commission remains free to exercise its discretion to interpret Section 6409(a) either by exercising its rulemaking
authority or through adjudication. With two exceptions not relevant here, the Tax Act expressly grants the
Commission authority to “implement and enforce” this and other provisions of Title VI of that Act “as if this title is
a part of the Communications Act of 1934 (47 U.S.C. 151 et seq.).” Tax Act § 6003.
4 47 C.F.R. Part 1, App. B, Nationwide Programmatic Agreement for the Collocation of Wireless Antennas, § I.C
(Nationwide Collocation Agreement).
2
size is ordinarily excluded from the Commission’s required historic preservation review under Section
106 of the National Historic Preservation Act (NHPA).5 The Commission later adopted the same
definition in the 2009 Declaratory Ruling to determine whether an application will be treated as a
collocation when applying Section 332(c)(7) of the Communications Act of 1934.6 The Commission has
also applied a similar definition to determine whether a modification of an existing registered tower
requires public notice for purposes of environmental review.7
Under Section I.C of the Nationwide Collocation Agreement, a “substantial increase in the size of the
tower” occurs if:
1)[t]he mounting of the proposed antenna on the tower would increase the existing height of
the tower by more than 10%, or by the height of one additional antenna array with separation
from the nearest existing antenna not to exceed twenty feet, whichever is greater, except that
the mounting of the proposed antenna may exceed the size limits set forth in this paragraph
if necessary to avoid interference with existing antennas; or
2) [t]he mounting of the proposed antenna would involve the installation of more than the
standard number of new equipment cabinets for the technology involved, not to exceed four,
or more than one new equipment shelter; or
3) [t]he mounting of the proposed antenna would involve adding an appurtenance to the
body of the tower that would protrude from the edge of the tower more than twenty feet, or
more than the width of the tower structure at the level of the appurtenance, whichever is
greater, except that the mounting of the proposed antenna may exceed the size limits set
forth in this paragraph if necessary to shelter the antenna from inclement weather or to
connect the antenna to the tower via cable; or
4) [t]he mounting of the proposed antenna would involve excavation outside the current
tower site, defined as the current boundaries of the leased or owned property surrounding the
tower and any access or utility easements currently related to the site.
Although Congress did not adopt the Commission’s terminology of “substantial increase in size” in
Section 6409(a), we believe that the policy reasons for excluding from Section 6409(a) collocations that
substantially change the physical dimensions of a structure are closely analogous to those that animated
the Commission in the Nationwide Collocation Agreement and subsequent proceedings. In light of the
Commission’s prior findings, the Bureau believes it is appropriate to look to the existing definition of
“substantial increase in size” to determine whether the collocation, removal, or replacement of equipment
5 See 16 U.S.C.§470f, see also 47 C.F.R.§ 1.1307(a)(4) (requiring applicants to determine whether proposed
facilities may affect properties that are listed, or are eligible for listing, in the National Register of Historic Places).
6 See Petition for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B) to Ensure Timely Siting Review
and to Preempt Under Section 253 State and Local Ordinances that Classify All Wireless Siting Proposals as
Requiring a Variance, WT Docket No. 08-165, Declaratory Ruling, 24 FCC Rcd. 13994, 14012, para. 46 & n.146
(2009) (2009 Declaratory Ruling), recon. denied, 25 FCC Rcd. 11157 (2010), pet. for review denied sub nom. City
of Arlington, Texas v. FCC, 668 F.3d 229 (5th Cir.), cert. granted, 113 S.Ct. 524 (2012); 47 U.S.C. § 332(c)(7).
7 See 47 C.F.R. § 17.4(c)(1)(B); National Environmental Policy Act Compliance for Proposed Tower Registrations,
WT Docket No. 08-61, Order on Remand, 26 FCC Rcd. 16700, 16720-21, para. 53 (2011).
3
on a wireless tower or base station substantially changes the physical dimensions of the underlying
structure within the meaning of Section 6409(a).
What is a “wireless tower or base station”?
A “tower” is defined in the Nationwide Collocation Agreement as “any structure built for the sole or
primary purpose of supporting FCC-licensed antennas and their associated facilities.”8 The Commission
has described a “base station” as consisting of “radio transceivers, antennas, coaxial cable, a regular and
backup power supply, and other associated electronics.”9 Section 6409(a) applies to the collocation,
removal, or replacement of equipment on a wireless tower or base station. In this context, we believe it is
reasonable to interpret a “base station” to include a structure that currently supports or houses an antenna,
transceiver, or other associated equipment that constitutes part of a base station.10 Moreover, given the
absence of any limiting statutory language, we believe a “base station” encompasses such equipment in
any technological configuration, including distributed antenna systems and small cells.
Section 6409(a) by its terms applies to any “wireless” tower or base station. By contrast, the scope of
Section 332(c)(7) extends only to facilities used for “personal wireless services” as defined in that
section.11 Given Congress’s decision not to use the pre-existing definition from another statutory
provision relating to wireless siting, we believe the scope of a “wireless” tower or base station under
Section 6409(a) is not intended to be limited to facilities that support “personal wireless services” under
Section 332(c)(7).
May a state or local government require an application for an action covered under Section
6409(a)?
Section 6409(a) states that a state or local government “may not deny, and shall approve, any eligible
facilities request….” It does not say that a state or local government may not require an application to be
filed. The provision that a state or local government must approve and may not deny a request to take a
covered action, in the Bureau’s view, implies that the relevant government entity may require the filing of
an application for administrative approval.
8 See Nationwide Collocation Agreement, § I.B.
9 See Implementation of Section 6002(b) of the Omnibus Budget Reconciliation Act of 1993, WT Docket No. 10-
133, Annual Report and Analysis of Competitive Market Conditions With Respect to Mobile Wireless, Including
Commercial Mobile Services, Fifteenth Report, 26 FCC Rcd. 9664, 9481, para. 308 (2011).
10 See also 47 C.F.R. Part 1, App. C, Nationwide Programmatic Agreement Regarding the Section 106 National
Historic Preservation Act Review Process, § II.A.14 (defining “tower” to include “the on-site fencing, equipment,
switches, wiring, cabling, power sources, shelters, or cabinets associated with that Tower but not installed as part of
an Antenna as defined herein”).
11 47 U.S.C. § 332(c)(7)(A). “Personal wireless services” is in turn defined to mean “commercial mobile services,
unlicensed wireless services, and common carrier wireless exchange access services.” Id. § 332(c)(7)(C)(1).
4
Is there a time limit within which an application must be approved?
Section 6409(a) does not specify any period of time for approving an application. However, the statute
clearly contemplates an administrative process that invariably ends in approval of a covered application.
We believe the time period for processing these applications should be commensurate with the nature of
the review.
In the 2009 Declaratory Ruling, the Commission found that 90 days is a presumptively reasonable period
of time to process collocation applications.12 In light of the requirement of Section 6409(a) that the
reviewing authority “may not deny, and shall approve” a covered request, we believe that 90 days should
be the maximum presumptively reasonable period of time for reviewing such applications, whether for
“personal wireless services” or other wireless facilities.
Wireless Telecommunications Bureau contact: Maria Kirby at (202) 418-1476 or by email:
Maria.Kirby@fcc.gov.
-FCC-
For more news and information about the Federal Communications Commission
please visit: www.fcc.gov
12 See 2009 Declaratory Ruling, 24 FCC Rcd. at 14012-13, paras. 46-47.
5
APPENDIX
SEC. 6409. WIRELESS FACILITIES DEPLOYMENT.
(a) FACILITY MODIFICATIONS.
(1) IN GENERAL. Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law
104–104) or any other provision of law, a State or local government may not deny, and shall approve, any
eligible facilities request for a modification of an existing wireless tower or base station that does not
substantially change the physical dimensions of such tower or base station.
(2) ELIGIBLE FACILITIES REQUEST. For purposes of this subsection, the term ‘‘eligible facilities
request’’ means any request for modification of an existing wireless tower or base station that involves —
(A) collocation of new transmission equipment;
(B) removal of transmission equipment; or
(C)replacement of transmission equipment.
(3) APPLICABILITY OF ENVIRONMENTAL LAWS. Nothing in paragraph (1) shall be construed to
relieve the Commission from the requirements of the National Historic Preservation Act or the National
Environmental Policy Act of 1969.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Medical and Dental Insurance Programs
SUBJECT/PROPOSAL/REQUEST:
Request approval of the proposed 2013-2014 health and
dental contracts, coverage and proposed rate structure.
STAFF CONTACT(S):
Messrs. Foley, Letteri and Davis, and Ms. Gerome
PRESENTER (S): Lorna Gerome
LEGAL REVIEW: Yes
AGENDA DATE:
March 6, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
In November 2000, the Board of Supervisors and School Board (Boards) approved a Total Compensation Strategy to
target employee salaries at 100% of an adopted market median and benefits slightly above market levels. Medical
insurance and the Virginia Retirement System are the largest components of that benefit strategy. The information
provided in the attached Memorandum from the Health Care Executive Committee (HCEC) to the County Executive
and Superintendent (Attachment A) details the analysis of the medical and dental programs and prior actions taken to
remain consistent with the benefits strategy. In order to comprehensively evaluate the medical insurance plan, staff
worked with Keiter, Slabaugh, Penny & Holme, LLC (KSPH) to conduct reviews based on a scoring model which
includes plan design features, premium costs to employees, and Board contribution amounts.
STRATEGIC PLAN:
Goal 7. Promote a valued and responsive County workforce that ensures excellent customer service
DISCUSSION:
The attached Memorandum outlines the current year’s process and the HCEC’s recommendations for Medical and
Dental Insurance. The HCEC develops recommendations for the County’s medical and dental plans based on the
following objectives:
offer affordable options that meet varying needs of employees and their families;
maintain reserves at approximately 25% of claims;
ensure plans are in compliance with Health Care Reform regulations; and
maintain our competitive position for benefits (slightl y above market).
The report includes information regarding the HCEC’s benefits review process, the insurance plans’ reserves,
claims and market competitiveness, and the HCEC’s recommendations for the 2013-2014 medical and dental
programs to become effective on October 1, 2014. Attachment B provides a five-year history of the County’s
Compensation and Benefits actions.
BUDGET IMPACT:
A 7% average medical and dental premium increase projection was included in the County Executive’s proposed
FY 14 budget. The medical premium projection of 7% remains the recommendation. The dental premium that
was initially projected to increase has been reevaluated. Based on claims and reserves, the HCEC is not
recommending a dental premium increase. This change would result in a savings of $33,463 for the School
Division and $10,260 for Local Government from the proposed budgeted amounts.
RECOMMENDATION:
The HCEC recommendations:
Medical Plan:
1. Continue to offer the Basic and Plus plans through Coventry.
a. Both plans are Point-Of-Service Plans with the same benefit coverage.
b. There are differences in cost sharing (co-pays, co-insurance, out-of-pocket maximums, deductibles)
and employee premium requirements.
c. The benefit summary is shown in Attachment C.
AGENDA TITLE: Medical and Dental Insurance Programs
March 6, 2013
Page 2
2. Increase the Board contribution by 7% for the new plan-year starting October 1, 2013.
3. Set full-time employee premiums (7% increase) at the rates shown in Attachment D.
4. Retain a self-insured medical plan with Specific-Claim-Stop-Loss insurance to limit the County’s liability
against any single large claim.
Dental Plan:
1. Continue the contract with United Concordia.
2. Continue to offer the Basic and High Options with no change in benefit design.
3. Retain the current rates for the new plan year starting October 1, 2013.
4. Approve the employee premiums as shown Attachment D.
5. Implement a dental rate holiday from March 2013 through September 2013 for all dental enrollees for this
period, regardless of hire date.
ATTACHMENTS:
A – HCEC Memorandum to County Executive and Superintendent
B – Five Year History of Compensation and Benefits Actions
C – Health Insurance Benefits Summary
D – Employee Health and Dental Insurance Premium Recommendations
Return to agenda
MEMORANDUM
To: Tom Foley, County Executive
Pam Moran, Superintendent
From: Health Care Executive Committee
RE: 2013-2014 Medical and Dental Insurance Programs
Date: February 2013
The Health Care Executive Committee (HCEC), the members of which represent several
departments in the School Division and Local Government, as well as other affiliated
organizations who participate in our health and dental plans, develops recommendations for our
medical and dental plans based on the following objectives:
offer affordable options that meet varying needs of employees and their families
maintain reserves at approximately 25% of claims
ensure plans are in compliance with Health Care Reform
maintain our competitive position for benefits (slightly above market )
Plan Review Process
The HCEC works routinely with KSPH Employee Benefit Management, to review our health
care plan. This includes:
Detailed reviews of claims utilization with Coventry’s medical director
Analysis of market information on plan design and employee/employer premiums.
o Plan design includes: inpatient/outpatient coinsurance, co-payments, annual
deductibles, out-of-pocket maximums, emergency room co-payments,
prescription drug co-payments
Employee Feedback- input from employees via focus groups and surveys
Review and projections of reserve balance.
Health Care Reserve Fund
As our medical plan is self-insured, the County is responsible for all claims. Reserve funds
serve to cover any difference between claims paid, but not covered by the revenues (employee
premiums collected & Board contributions). If claims exceed our revenue collections, the
difference is paid from our reserves; if revenue exceeds claims, the difference is added to our
reserves. Ideally, a reserve balance of at least 25% of total claims should be maintained.
According to projections (based on the best historical and trend analysis information available at
that time), the reserve will be at the target balance of 25% of annual medical claims by
September 2014. To protect the plan against potentially devastating single large claim(s), the
County continues to purchase reinsurance, referred to as Specific Stop Loss reinsurance. This
type of coverage limits our liability for a single claim to $200,000 (Specific Stop Loss).
Total Compensation
The HCEC considers the Total Compensation for employees in developing recommendations.
Attachment B provides a five year history of Compensation and Benefit Actions.
Background:
Medical Scoring Analysis
The adopted benefits strategy is to target benefits slightly above market (105th percentile). The
benefits package is reviewed comprehensively and the medical plan is the cornerstone of that
strategy. In order to evaluate the plan design and premium costs to employees and Board
contributions, staff worked with Tom Mackay, our benefits consultant with KSPH Employee
Benefit Management, to develop a model quantifying those elements. Based on this model, last
year we were slightly above our target in several plan design areas.
FY 11-12 Plan Year (October through September)
In order to bring our high plan closer to that of our market, significant plan changes were made
this plan year to all three plans. These included an emergency room co-pay increase,
reinstatement of co-pays on outpatient mental health services (in line with PCP co-pays) and a
$5 increase on non-preferred prescriptions co-pays.
RFP Process:
We issued an RFP for medical coverage in January of 2012 and received five proposals. All
proposals were reviewed, evaluated, and analyzed against a common set of criteria including:
Quality of Administration, Network Access, Cost, and the Offeror’s Credentials. Based on the
analysis, the contract was awarded (renewed) to Coventry) for all lines: medical claims
administration, prescription drug claims administration, and stop loss insurance. Coventry
reduced the annual administrative service fees per member from $29.20 to $27.70, which is
guaranteed for three years and will result in approximately $231,700 annual savings.
FY12-13 Current Plan Year (October through September)
To meet individual needs and offer affordable health care choices, three plans with varying co-
pays and premiums had been offered for several years. A review of national survey data of
government employer-sponsored health plans indicated that we were above market in terms of
our high option plan design. The high option health plan was also well above market in regard to
employee cost-sharing. In order to maintain comparability with other health plans and for cost
savings, the HCEC recognized that we could not continue to offer the high plan without
significantly increasing the monthly premium rates to the point where they would not remain
affordable for our employees. Accordingly, we moved to a two plan option structure and the
following plan changes were made effective October 1, 2012:
Plan names were changed to Plus Plan (former Middle Plan) and Basic Plan
Enhanced women’s preventive and contraceptive coverage added (in accordance with
Health Care Reform)
The changes from the former High option plan to the new Plus plan were as follows:
o Change in coinsurance from 95% to 90% (in-network) for inpatient admissions,
specialty diagnostic services (CAT scans, MRIs, etc.), and outpatient surgeries
o Change in out of pocket maximums from $1500/$3000 to $2000/$4000
(individual/family)
o Employees on the High plan at employee only and employee + child continued to
pay the High plan premium with the move to the Plus plan; those at employee +
spouse/children or family levels saw reduced premium rates with the move to the
Plus plan. This was done to keep our premiums at each level in line with our
market.
No changes to the low plan design/premiums.
As we had communicated earlier in the year that premium rates would not change for the
upcoming plan year, we temporarily allowed those currently on the Middle plan at employee
only and employee + child tiers to continue paying the same premiums. The balance of the
premium cost was supplemented for one year by funds from the health care reserve. As of
October 1, 2013, all will use the same premium structures.
Claims
The following chart illustrates our claims history. As expected based on the plan design
changes, the total claims have decreased.
Market Competitiveness
Offering a competitive medical plan that balances the benefit design against the cost to fund the
program is a major consideration each year. The benchmark data, while not an exclusive
comparison with our adopted market, indicate that our health plan design and premium amounts
are currently achieving our targeted benefits strategy to be slightly above market.
Historical and Current Medical Paid Claims (after removing claims over stop loss)
Average increase in claims after stop loss Plan changes
Last three years 7.2% 10/10 plan year Added coinsurance to High plan
Last two years 8.1% 10/11 plan year Minimal changes
Last year (2011) 3.6% 10/12 plan year Eliminated high plan
10/13 plan year Considering adding annual deductible to plans
$591 $622
$701 $726
$642
5.3% 12.6% 3.6%
-
11.5%
- 0.16
- 0.12
- 0.08
- 0.04
0
0.04
0.08
0.12
0.16
$0
$100
$200
$300
$400
$500
$600
$700
$800
10/08 10/09 10/10 10/11 10/12 - 12/12
Total Claims (Med/Rx) Per Employee Per Month After Removing Claims Over Stop Loss
Claims PEPM Inc/Dec from Prior Year
Plan Design
$20 $25
$15
$25
$36
$30
$40
$0
$10
$20
$30
$40
$50
$60
Mercer 2011 Survey
(2010 data) Govt 500+
Kaiser 2012 Survey
(2011 data) 200+ Ees
Albemarle
Plus Plan (10/12)
Albemarle
Basic Plan (10/12)
Physician Copayments
PCP Specialist
$2,000 $2,000 $2,000 $2,500
$4,000 $4,000 $4,000
$5,000
$0
$1,000
$2,000
$3,000
$4,000
$5,000
$6,000
$7,000
Mercer 2011 Survey
(2010 data) Govt 500+
Kaiser 2012 Survey
(2011 data) 200+ Ees
Albemarle
Plus Plan (10/12)
Albemarle
Basic Plan (10/12)
Out-of-Pocket Maximum
Single Family
$9 $10 $7 $7
$27 $29 $30 $35
$46 $51 $50 $60
$0
$20
$40
$60
$80
Mercer 2011 Survey
(2010 data) Govt
500+
Kaiser 2012 Survey
(2011 data) 200+
Ees
Albemarle
Plus Plan (10/12)
Albemarle
Basic Plan (10/12)
Prescription Drug Copayments
1st Tier 2nd Tier 3rd Tier
Total Cost- Employee Premiums and Board Contribution Amounts
The benchmark data indicated that the premiums (Plus plan) compare as follows:
Annual Costs Albemarle 2012 Market
Total Cost
Individual
$7,225 $ 6,496
Family $9,973 $ 16,706
Employee Premiums
Individual $480 $ 750
Family $3,228 $ 6,539
Board Contributions
Individual
$6,745 $ 5,745
Family $6,745 $ 10,167
The total cost of our plan (Employee Premiums and Board Contributions) is slightly above our
market for individual; yet significantly lower (40%) than our market for family coverage. This is
significant, as while we offer rich plan in terms of coverage and copays, the overall cost is low.
85%
63% 62%
0% 0%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Mercer 2011
Survey
(2010 data) Govt
500+
Kaiser 2012
Survey
(2011 data) 200+
Ees
Albemarle 2012
Survey (2012 data)
Albemarle
Plus Plan (10/12)
Albemarle
Basic Plan (10/12)
Percent with Annual Deductibles
Considerations:
Although we have made plan design changes resulting in cost shifting to employees, we have
not had an employee premium increase since 2008. The HCEC is sensitive to the impact that
out-of-pocket costs have on our covered members. Due to good performance within our self-
insured pool, we have actually reduced the plan cost to the Board. We are particularly fortunate
in both these circumstances, given the recent increases many employers have been faced with
implementing.
This year, facing a 7% premium increase, the HCEC considered implementing a $200
deductible to the plan as this would have reduced the premium increase from 7% to 4.2%.
Employee feedback collected through focus and advisory groups indicated that majority
employees prefer a higher premium increase over implementation of a deductible. Our adopted
market has started to implement deductibles, as sixty-two percent of localities have done so this
year. Based on the significant plan design changes implemented the past two years, and in light
of the premium increase, it is recommended that we continue to evaluate implementing
deductibles for the next plan year.
Health Risk Assessments
The HCEC is currently reviewing best practices of incenting employees to complete Health Risk
Assessments (HRAs). HRA’s are seen as a best practice for organizations to assess the overall
health of their employees. HRAs consist of a self-guided questionnaire regarding an individual’s
personal habits that may contribute to one’s positive or negative health status. HRAs also
include a biometric screening that allows employees to be aware of their cholesterol and sugar
levels. The aggregate information is what is of extraordinary value due to the “real-time” data
that is provided. This information allows staff to implement wellness programs and training that
will curb future claims, as well as, reduce the highest risk health issues that employees face.
HRAs in conjunction with the annual wellness survey and aggregate health insurance claims
information are necessary to confidently derive and implement programs that will positively
affect employee health, absentee rates, employee morale, productivity, and health insurance
costs. Multiple studies have shown (peer localities have also confirmed) that for participation to
rise to levels that would be considered meaningful and valid. An incentive (usually financial) is
thought to have the greatest impact. There are multiple ways of incenting employees, however,
the most successful means is to either provide a lump sum payment, or to reduce health
insurance premiums; the latter has shown to produce much better results and would likely have
less of an administrative burden than the former.
Dental Insurance
FY12-13 Current Plan Year (October through September)
There were no changes to our current dental plan premiums from that of the previous year. The
coverage of both the High and Basic plan options was enhanced by: increases to the amount
the plans pay annually, an increase to the amount covered for orthodontia (which is covered
under the High plan only), and an increased amount covered for major services, like crowns
(which are covered on the High plan only).
Our dental reserve balance is currently funded over the target. To bring the reserve balance into
line, options include:
Make plan design benefit enhancements (this would likely take years to show a sizeable
impact and potentially result in an overly rich benefit in comparison with our market)
Maintain current employee/Board contributions for the next few years, using fund
reserves to absorb actual cost increases (this, too, would take a while to show the
desired impact; additionally, we could be faced with a sizeable rate increase when we
reached our optimal reserve balance, in order to maintain market levels)
Implement a rate holiday for employee and Board contributions (this was deemed as the
most practical and expedient alternative) for a period of time.
Regarding the timing of the rate holiday, options included beginning immediately, or at the start
of the new plan year (October 2013). Implementing this rate holiday option immediately is
recommended based on following reasons:
Immediate “credit” would be given to current employees who, in theory, have created the
reserve
Spring/early summer is relatively light in terms of bringing in new hires (who would either
get to participate in this premium holiday or have to pay premiums when the majority of
enrolled employees are not, creating an additional administrative burdens).
If we wait for the new plan year to implement the rate holiday, we likely will see
increased enrollment from those who want to take advantage of the “free” year; this
could result in unanticipated impact to the reserves. Additionally, a large number of
newly hired employees (for the 13-14 school year) would also benefit from the rate
holiday (assuming we did not design a separate premium structure for new hires).
Recommendations:
The HCEC considered a number of options in continuing to offer medical and dental plans that
balance the needs of employees with the fiscal realities of funding the plans, particularly given
the continuing escalation in costs for medical care. The recommendations:
Medical Plan:
1. Continue to offer the Basic and Plus plans through Coventry
a. Both plans are Point-Of-Service Plans with the same benefit coverage
b. There are differences in cost sharing (co-pays, co-insurance, out-of-pocket
maximums, deductibles) and employee premium requirements
c. The benefit summary is shown at Attachment C
2. Increase the Board contribution by 7% for the new plan-year starting October 1st
3. Set full-time employee premiums at the rates shown in Attachment D
4. Retain a self-insured medical plan with Specific-Claim-Stop-Loss insurance to limit our
liability against any single large claim
Dental Plan:
1. Continue the contract with United Concordia
2. Continue to offer the Basic and High Options with no change in benefit design
3. Retain the current rates for the new plan year starting October 1st
4. Approve the employee premiums as shown Attachment D
5. Implement a dental rate holiday from March 2013 until September 2013 for all dental
enrollees for this period, regardless of hire date.
Return to exec summary
Attachment B
Total Compensation
The HCEC considers the Total Compensation for employees in developing recommendations.
The following information is provided to illustrate the past five years of Compensation and
Benefit Actions:
Health Insurance Increases (plan design or
premium) to employee
Health
Insurance
Increase to
employer
Compensation
Actions
FY 12/13 Elimination of High plan
No plan design changes to remaining 2 plans
Basic plan: no premium increase
Plus plan: emp only/emp + child premiums remain at
old High plan premium (employees previously at those
tiers on the old Middle plan receiving supplement for
one year to maintain old rate); all other tiers remain at
same premium
Decrease of
$300/yr to
Board
Contribution
(-4.26%)
offset mandated
5% employee
VRS contribution-
Net increase
To employees = <
1%
Performance
Bonus pool fund
of $150,000 for
General
Government
employees
FY 11/12 High/Mid plans:
ER co-pay up $50 to $200
Outpt MH/SA co-pay set to PCP rate ($0 to
$15/visit)
Rx co-pay top tier increase $5 to $50
Low plan:
PCP/Spec co-pays up $5 to $25/$40
Outpt MH/SA co-pay set to PCP rate ($0 to
$25/visit)
Rx co-pays from $7/30/50 to $7/35/60
No premium increase
No increase 1%
FY 10/11 High plan:
Max OOP cost increase to $1500 indiv/$3000
family (from $1000/$2000)
Major services changed from flat co-pay to 5%
co-insurance
ER co-pay increased by $50 to $150
Urgent care co-pay from $30 to $35
MH/SA co-pays at $0 (from $15/30; note: this
was done pending further clarification from
Feds on MH/SA parity); inpatient admits set to
major service co-insurance (5%)
Rx co-pay from $5/25/40 to $7/30/45
Middle plan:
ER co-pay increased by $50 to $150
MH/SA co-pays at $0 (from $15/30; note: this
was done pending further clarification from
Feds on MH/SA parity); inpatient admits set to
major services co-insurance (10%)
Rx co-pay from $5/25/40 to $7/30/45
No increase 1%
Attachment B
Low plan:
MH/SA co-pays at $0 (from $20/35; note: this
was done pending further clarification from
Feds on MH/SA parity); inpatient admits set to
major service co-insurance (20%)
Rx generic tier co-pay from $5 to $7/per fill
All plans: Lifetime max unlimited (from $2m/lifetime)
No premium increase
FY 09/10 No changes to plan design
No premium increase
Increase of
$397/yr to
Board
contribution
(5.97%)
0%
$350 lump sum
FY 08/09 No changes to plan design
Across the board premium increases (avg 8%,
depending on tier)
Increase of
$495/yr to
Board
contribution
(8.05%)
0%
Return to exec summary
¹ After the Deductible. ² Does NOT apply to out-of-pocket maximum. AC – Allowable Charge
Plus 10-12 County of Albemarle Plus Plan 10-12
County of Albemarle Plus Plan
Schedule of Benefits
OUTPATIENT SERVICES In-Network
MEMBER PAYS
Out-of-Network
MEMBER PAYS
Preventative Services (as defined by the plan) $0 30% AC¹
Physician Home/Office Visit (includes allergy testing/treatment)
Primary Care Visit $15 30% AC ¹
Specialist Visit including OB-GYN physician $30 30% AC ¹
Allergy Serum & Allergy Injections
Primary Care Visit $15 30% AC ¹
Specialist Visit $30 30% AC ¹
In-Network, if the office visit Copayment is greater than the amount of the serum &
injection, then the Member will only be charged the amount of the serum & injection.
Lab Services 10%AC 30% AC ¹
Mammogram $0 30% AC ¹
Diagnostic Services (other than specialty diagnostics)10% AC 30% AC ¹
Colonoscopy $0 30% AC ¹
Specialty Diagnostic Services
Including, but not limited to, MRA, MRI, CAT Scan, PET Scan, and Sleep Studies 10%AC 30% AC ¹
Outpatient Facility/Outpatient Surgery
To facility
To physician or professional provider
10%AC
$15PCP/$30Specialist 30% AC ¹
Spinal Manipulations
Maximum of 25 outpatient visits per Benefit Year $15 30% AC ¹
Urgent Care Center
When Medically Necessary, as determined by Southern Health $35
MATERNITY SERVICES In-Network
MEMBER PAYS
Out-of-Network
MEMBER PAYS
Prenatal Care & Postpartum Home or Office Visit
(after the initial office visit for diagnosis of Pregnancy)$0 30% AC ¹
Maternity Ultrasounds 10% AC 30% AC ¹
Inpatient Hospital Services
Total per admission 10%AC 30% AC ¹
Inpatient PCP/OB-GYN services $50 30% AC ¹
EMERGENCY CARE In-Network
MEMBER PAYS
Out-of-Network
MEMBER PAYS
Emergency Room Services (Co-payment waived if admitted.)
Total per admission $200
Ambulance TransportationNon-emergency transportation must be Preauthorized by Southern Heal th.$0 $0
MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES In-Network
MEMBER PAYS
Out-of-Network
MEMBER PAYS
InpatientTotal per admission to facility and each professional provider 10% AC 30% AC ¹
Outpatient $15 30% AC ¹
Medication Management Visit (unlimited) $15 PCP/$30 Specialist 30% AC ¹
INPATIENT HOSPITAL SERVICES In-Network
MEMBER PAYS
Out-of-Network
MEMBER PAYS
Total per admission 10% AC 30% AC ¹
¹ After the Deductible ² Does NOT apply to out-of-pocket maximum. * For Retail Maintenance Drugs, the Member pays 3 Co-payments for 3 Prescribing Units. AC – Allowable Charge
OTHER BENEFITS In-Network
MEMBER PAYS
Out-of-Network
MEMBER PAYS
Cardiac Rehabilitation Therapy
Maximum 18 outpatient visits per condition.$0 30% AC ¹
Durable Medical Equipment (DME)² 20% AC 30% AC ¹
Early Intervention Services
For qualified dependents from birth to age 3. See eligibility requirements in
your Description of Benefits.
Home or Outpatient Therapy and Assistive Technology Services $15 PCP/$30 Specialist 30% AC ¹
Assistive Technology Devices $0 30% AC ¹
Home Health Care Services
Maximum 90 visit per Benefit Year $0 30% AC ¹
Hospice Care $0 30% AC ¹
Infusion Therapy (including Chemotherapy), Radiation Therapy &
Dialysis 10% AC 30% AC ¹
Non-Implanted Prosthetic Devices ² 20% AC 30% AC ¹
Occupational, Speech and Physical Therapy
Inpatient - Maximum 180 days per Condition
Total per admission 10%AC 30% AC ¹
Outpatient – Maximum 90 visits per Benefit Year
Per visit $30 30% AC ¹
Skilled Nursing Facility
Maximum 180 inpatient days per Benefit Year 10% AC 30% AC ¹
Wisdom Tooth Extraction (bony impacted or soft tissue)
Performed in provider’s office $15PCP/$30Specialist 30% AC ¹
Performed in outpatient facility $15PCP/$30Specialist 30% AC ¹
VISION ²(One eye exam during a 12 month period)In-Network Out-of-Network
Spectacle Eye Exam $0 30% AC ¹
Eye Exam for non-specialty contact lenses $35 30% AC ¹
Eye Exam for specialty contact lenses Benefit payable $40 30% AC ¹
PRESCRIPTION DRUG BENEFIT ²Member Pays
For up to a 31 day supply
Generic*$7
Preferred Brand*$30
Non-Preferred Brand*$50
For up to a 90 day supply through mail-order program
Generic (for up to a 90 day supply) $14
Preferred Brand $60
Non-Preferred Brand $100
DEDUCTIBLES AND MAXIMUMS In-Network Out-of-Network
Benefit Year Out-of-Pocket Maximum
Individual $2,000 $3,000
Family $4,000 $6,000
Lifetime Maximum Benefit Per Member Unlimited
Benefit Year Deductible
Individual $0 $750
Family $0 $1,500
Southern Health’s Benefit Payable is calculated after subtracting from the AC any applicable Deductible, Copayment, Coinsurance or
Penalty owed by the Member. All Benefit Maximums are combined for In-Network and Out-of-Network unless otherwise specified.
NOTIFICATION PENALTY:Failure to comply with the Notification procedures outlined in the Description of Benefits may result in a
$500 penalty. This penalty, when required, will be subtracted from the AC before calculating any Coinsurance that may apply. It is also
subtracted before any amount You pay applies to a Deductible or Copayment.
BENEFITS AND BENEFIT YEAR:Benefits listed in this Schedule of Benefits are for Covered Services only. The Benefit Year is the
plan year.
Attachment D
Plan Option Plus Option Basic Option
Employee $51 $13
Employee + Child $109 $51
Employee + Children $259 $163
Employee + Spouse $259 $163
Employee + Family $345 $223
Plan Option High Option Low Option
Effective October 1, 2013
Southern Health VirginiaCare POS
The Board contributes $721.70/month ($7,217 yearly) toward medical insurance per full-time employee.
United Concordia Advantage Plus
ALBEMARLE COUNTY
2013-2014 MEDICAL & DENTAL INSURANCE RATES
Full-time* Employee Monthly Premiums, 10-Month Rates
(for employees receiving 10 paychecks per year
AND beginning coverage BEFORE Sept. 2013**)
Upon completion of school year & issue of June paycheck, July-Sept. premiums will have been prepaid.
Plan Option High Option Low Option
Employee $18 $4
Employee + Child $42 $17
Employee + Spouse $42 $17
Employee + Family $82 $49
Board contributions are prorated to reflect the employee's part-time percentage. The employee
then pays the remainder of the Board contribution, plus the full-time monthly premium.
Visit the online calculator at www.albemarle.org/upload/images/webapps/insurance/default.asp
for assistance with estimating part-time monthly premiums.
Premium rates will be greater than the amounts listed above in relation to hire date, reflecting thenumber of paychecks remaining before June 30th. Contact HR Benefits Office with questions.
**Employees beginning coverage on or after Sept. 2013:
The Board contributes $26.60/month ($266 yearly) toward dental insurance per full-time employee.
* Part-time Employees:
Attachment D
Plan Option Plus Option Basic Option
Employee $43 $11
Employee + Child $91 $43
Employee + Children $216 $136
Employee + Spouse $216 $136
Employee + Family $288 $186
The Board contributes $601.43/month ($7,217 yearly) toward medical insurance per full-time employee.
United Concordia Advantage Plus
ALBEMARLE COUNTY
2013-2014 MEDICAL & DENTAL INSURANCE RATES
Full-time* Employee Monthly Premiums, 12-Month Rates
(for employees receiving 12 paychecks per year)
Effective October 1, 2013
Southern Health VirginiaCare POS
Plan Option High Option Low Option
Employee $15.00
Employee + Child $35.00
Employee + Spouse $35.00
Employee + Family $68.00
Board contributions are prorated to reflect the employee's part-time percentage. The employee
then pays the remainder of the Board contribution, plus the full-time monthly premium.
Visit the online calculator at www.albemarle.org/upload/images/webapps/insurance/default.asp
for assistance with estimating part-time monthly premiums.
The Board contributes $22.17/month ($266 yearly) toward dental insurance per full-time employee.
* Part-time Employees:
$3.00
$14.00
$14.00
$41.00
Attachment D
Plan Option Plus Option Basic Option
Employee $644.23 $612.13
Employee + Child $692.38 $644.23
Employee + Children $817.57 $737.32
Employee + Spouse $817.57 $737.32
Employee + Family $889.26 $787.61
Southern Health VirginiaCare POS
UitdC di Ad t Pl
ALBEMARLE COUNTY
2013-2014 MEDICAL & DENTAL INSURANCE RATES
RETIREES
Effective October 1, 2013
RETIREE / CAREER LEAVE / L.O.A. RATES
Plan Option
Employee
Employee + Child
Employee + Spouse
Employee + Family
$57.17 $36.17
$57.17 $36.17
$90.17 $63.17
United Concordia Advantage Plus
High Option Low Option
$37.17 $25.17
Plan Option Plus Option Basic Option
Employee $644.23 $612.13
Employee + Child $692.38 $644.23
Employee + Children $817.57 $737.32
Employee + Spouse $817.57 $737.32
Employee + Family $889.26 $787.61
Plan Option
Emplo ee
Southern Health VirginiaCare POS
United Concordia Advantage Plus
High Option Low Option
$37 17 $25 17
ALBEMARLE COUNTY
2013-2014 MEDICAL & DENTAL INSURANCE RATES
COBRA -- RETIREES -- CAREER LEAVE/L.O.A.
Effective October 1, 2013
RETIREE / CAREER LEAVE / L.O.A. RATES
Employee
Employee + Child
Employee + Spouse
Employee + Family
Plan Option Plus Option Basic Option
Employee 657.11 624.37
Employee + Child 706.22 657.11
Employee + Children 833.92 752.06
Employee + Spouse 833.92 752.06
Employee + Family 907.04 803.36
Plan Option
Employee
Employee + Child
Employee + Spouse
Employee + Family
58.31 36.89
58.31 36.89
91.97 64.43
COBRA RATES
Southern Health VirginiaCare POS
United Concordia Advantage Plus
High Option Low Option
37.91 25.67
$57.17 $36.17
$57.17 $36.17
$90.17 $63.17
$37.17 $25.17