HomeMy WebLinkAbout2001-10-17 ACTIONS
Board of Supervisors Meeting of October 17, 2001
October 23, 2001
AGENDA ITEM/ACTION
ASSIGNMENT
JOINT MEETING WITH THE PLANNING COMMISSION
1. Call to order.
2. Presentation: Neighborhood Model Implementation Strategy.
PRESENTATION made by David Benish. ENDORSED Crozet as
the first Master Plan development area.
Meeting was called to order at 5:00 p.m., by the
Chairmen, Sally Thomas and Dennis Rooker. BOS
members present: Thomas, Humphris, Bowerman,
Dorrier, Perkins, and Martin. PC members
present: Rooker, Rieley, Thomas, Hopper,
Craddock, Finley, and Anderson. Officers/staff:
Tucker, Benish, Echols, Thomas, and Davis
present. Clerk: Laurie Bentley.
Planninq staff: Carry out the Board and
Commissions recommendations which cite Crozet
as the first Master Plan development area.
Planninq Commission: Make recommendation as
to which area will be the second in the Master
Plan.
3. Matters Not Listed on the Agenda.
~There were none.
4. Adjourned at 5:20 p.m.
REGULAR BOARD NIGHT MEETING
1. Call to order. Meeting was called to order at 7:05 p.m., by the
Chairman, Sally Thomas. All BOS members
present.
4. From the Public: Matterns Not Listed On the Agenda.
There were none.
Clerk: Place on 11/14/01 agenda.
5.1 SP-2001-025. Food Lion at Branchlands (Signs #29&32).
5.2 SP-2001-026. Food Lion at Mill Creek (Signs #25&28).
5.3 SP-2001-027. Food Lion at Forest Lakes (Si§ns #23&24).
DEFERRED all three items until 11/14/01.
6. ZMA-2001-004. SNB CarWash (Signs #88&89). DEFERRED
to 11/7/01 consent agenda, pending signed proffer.
7. ZTA-2001-003. Building site area & dimensions. ADOPTED
ordinance as recommended by staff.
8. ZTA-2001-012. Wireless. ADOPTED ordinance as
recommended by staff w/changes from the Board to C-2, "Tota
number of arrays of antennas shall be limited..." and to B-6,
deleting otherthan a tower or pole .... (Note: Ms. Humphris
voted against adopting the ordinance.)
9. ZTA-2001-013. Outdoor lighting. ADOPTED ordinance as
recommended by staff.
Clerk: Forward signed Ordinance (Attachment C)
to Planning, Engineering, and Building Codes and
Zoning Services Departments, and to the County
Attorney's effice for inclusion in the next update of
the County Code.
Planninq staff: Secure signed proffer.
Clerk: Forward signed Ordinance (Attachment A)
to Planning, Engineering, Building Codes and
Zoning Services Departments, and to the County
Attorney's office for inclusion in the next update of
the County Code.
Clerk: Forwara signed Ordinance (Attachment B)
to Planning, Engineering, and Building Codes and
Zoning Services Departments, and to the County
Attorney's office for inclusion in the next update of
the County Code.
10. Cancel Board of Supervisors' meeting of January 2, 2002. None.
MEETING CANCELLED.
12. From the Board: Matters Not Listed on the Agenda:
· Mr. Tucker reminded the Board that someone will need to None.
replace Ms. Humphris, who currently serves on the VACO
Board of Directors. Ms. Humphris said she has contacted other
counties in order to encourage applicants.
· Ms. Humphris asked who would speak to VDOT about a letter
from a resident, Mr. Leonard Dreyfus, regarding problems
associated with the recent improvements on Rt. 20 North. Mr.
Martin said he will discuss this with VDOT.
· Ms. Thomas said City Council recently set aside $250,000
toward scholarships that will be matched by private funds. She
asked that staff look into whether the County should participate
too.
· Ms. Thomas said she recently received a survey from the
Virginia Employment Center, along with an inquiry as to
whether the County would like to use some of the available
space in their new building. She gave the survey to Mr. Tucker.
· Ms. Thomas advised the Board that Farmington residents want
the Board to adopt an Ordinance making hookup to the public
water system mandatory.
13. Adjourn at 8:25 p.m.
None.
Director of the Office of Manaqement and Budget:
Look into the matter and bring it up during the
budget process, if applicable.
Ass't County Executive (White): Complete and
submit survey.
Pfanninq staff: Look into the matter and make
recommendation to the Board.
Laurie
Be.tleyn , ,
To: Wayne Citimberg
Subject: Point of clarit"~tion
Re the 10/17/01 action letter I sent earlier, under "Other Matters", Larry suggested a point of clarifioation for
Planning...please forward this to your appropriate staff. Thanks.
The last item in this section of the action letter states Ms. Thomas....to adopt an Ordinance..." Although that is what Ms.
Thomas said the actual intent is that Farmington residents want the Board to support the ACSA implementing a mandatory
connection policy for Farmington. This would mean that the Board would need to adopted a resolution supporting a change
in the ACSA water policy.
Laurie Bentley
Albema#e County
Board of Supervisors
401 Mcln#re Rd.
Charlottesville, VA 22901
PH: (434) 296-5843
FAX: (434) 244-70?7
ema#: Ibentley@albema#e. org
Attachment A
ZTA-2001-003. Building site area & dimensions.
ORDINANCE NO. 01-18(7)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, 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 II, Basic Regulations, is hereby amended and reordained as follows:
By Amending:
Sec. 4.2.2
Sec. 4.2.3
Sec. 4.2.6
Area regulations
Location of structures and improvements
Exemptions
Chapter 18. Zoning
Article II. Basic Regulations
Sec. 4.2.2 Building site area and dimensions
Each building site shall be subject to the following minimum area and dimension requirements:
a. Uses not served by a public or central sewerage system. Building sites for uses not served by a
public or central sewerage system shall be subject to the following:
1. Dwelling units. Each building site for a dwelling unit shall have an area of thirty
thousand (30,000) square feet or greater and shall be of such dimensions that no one dimension exceeds any other by
a ratio of more than five (5) to one (1) as described by a rectangle inscribed within the building site. The building
site shall have adequate area for locating two (2) septic drain fields approved by the Virginia Department of Health
pursuant to section 4.1 of this chapter.
2. Development subject to section 32 of this chapter. Each building site in a development
subject to section 32 of this chapter shall have an area of thirty thousand (30~000) square feet or greater and shall be
of such dimensions that no one dimension exceeds any other by a ratio of more than five (5) to one (1) as described
by a rectangle inscribed within the building site. The building site shall have adequate area for all buildings and
structures, two (2) septic drain fields approved by the Virginia Department of Health pursuant to Section 4.1 of this
chapter, parking and loading areas, storage yards and other improvements, and all earth disturbing activity related to
the improvements.
3. Modification or waiver. Notwithstanding section 4.2.5 of this chapter, the
director of planning and community development may modify or waive the rectangular shape required
by subsections (1) and (2) if, after receiving the recommendation from the Virginia Department of
Health, the director of planning and community development finds, based on information provided by
the developer, that: (i) the parcel has an unusual size, topography, shape, location or other unusual
physical condition; (ii) no reasonable alternative building site exists; and (iii) modifying or waiving the
rectangular shape would result in less degradation of the parcel or adjacent parcels than if those
dimensions were adhered to.
4. Appeal. A developer may appeal the denial of a modification or waiver to the
planning commission and, thereafter, to the board of supervisors, pursuant to section 4.2.5.
b. Uses served by a central sewerage system. Building sites for uses served by a central sewerage
system shall be demonstrated by the applicant to have adequate area, as follows:
1. Residential development. Each building site in a residential development shall have
adequate area for all dwelling unit(s) together with an area equivalent to the sum of the applicable required yard
areas for the applicable zoning district and, if parking is provided in bays, the parking area.
2. Development subject to section 32 of this chapter. Each building site in a development
subject to section 32 of this chapter shall have adequate area for all structures, parking and loading areas, storage
yards and other improvements, and all earth disturbing activity related to the improvements.
Sec. 4.2.3 Location of structures and improvements
Except as otherwise permitted pursuant to section 4.2.2, the provisions of this section shall apply to the
location of any structure for which a permit is required under the Uniform Statewide Building Code and to any
improvement shown on a site development plan pursuant to section 32.-0 of this chapter. (Amended 11-15-89)
Sec. 4.2.6 Exemptions
A lot, structure, or improvement may be exempt from the requirements of section 4.2 as provided herein:
Any structure which was lawfully in existence prior to the effective date of this chapter and which is
nonconforming solely on the basis of the requirements of section 4.2, may be expanded, enlarged, extended,
modified and/or reconstructed as though such structure were a conforming structure. For the purposes of this
section, the term "lawfully in existence" shall also apply to any structure for which a site development plan was
approved or a building permit was issued prior to the effective date of this chapter, provided such plan or permit has
not expired.
Any lot or parcel of record which was lawfully a lot of record oh the effective date of this chapter shall be
exempt from the reqmrements of section 4.2 for the establishment of the tn'st single-family detached dwelling unit
on such lot or parcel; provided that section 4.2.3.2 shall apply to such lot or parcel if it contains adequate land area
in slopes of less than twenty-five (25) percent for the location of such structure. For the purposes of this section a
manufactured home shall be deemed a single-family detached dwelling unit.
c. Accessways, public utility lines and appurtenances, stormwater management facilities, and any
other public facilities necessary to allow the use of the parcel shall not be required to be located within a building
site and shall not be subject to the requirements of this section 4.2.2, provided that the applicant demonstrates that
no reasonable alternative location or alignment exists. The county engineer shall require that protective and
restorative measures be installed and maintained as deemed necessary to insure that the development will be
consistent with the intent of section 4.2 of this chapter.
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Attachment B
ZTA-2001-012. Wireless.
ORDINANCE NO. 01-18(9)
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, of the Code of the County of Albemarle are
amended and reordained as follows:
By Amending:
Sec. 3.I Defmitions
By Adding:
Sec. 5.1.40 Personal wireless service facilities
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
Personal wireless service facility: A facility for the provision of personal wireless services, as defined by 47 U.S.C.
§ 332 (Section 704 of the Telecommunications Act of 1996), including those Federal Communications Commission
licensed commercial wireless telecommunications services such as cellular, personal communications services
(PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), and unlicensed wireless
services and common carrier wireless exchange access services. The use identified in this chapter as "microwave
and radio-wave transmission and relay towers, substations and appurtenances" includes personal wireless service
facilities.
Article II. Basic Regulations
Sec. 5.1.40 Personal wireless service facilities
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:
Application for approval: Each request for approval of a personal wireless service facility shall include the
following information:
A completed application form, signed by the owner, the owner's agent or the contract purchaser.
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.
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.
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 that the
5o
person signing on behalf of the entity is authorized to do so.
Except where the facility will be located entirely within an existing structure, a scaled plan and a
scaled elevation view and other supporting drawings, calculations, and other documentation
required by the director ofplarming and community development, signed and sealed by an
appropriate licensed professional. The plans and supporting drawings, calculations and
documentation shall show:
(a) The location and dimensions of all proposed improvements, including the maximum
height above ground of the facility (also identified in height above sea level).
(b)
The design of the facility, including the specific type of support structure and the design,
type, location, size, height and configuration of all proposed antennas and other
equipment.
(c)
Except where the facility would be attached to an existing structure, the topography
within two thousand (2,000) feet of the proposed facility, in contour intervals not to
exceed ten (10) feet.
(d)
(e)
(f)
The height of all trees within fifty (50) feet of any proposed monopole or tower relied
upon to establish the proposed height and/or screening of the monopole or tower
All existing and proposed setbacks, parking, fencing and landscaping.
The location and design of all proposed accessways.
(g)
Except where the facility would be attached to an existing structure, residential structures,
residential and rural areas zoning district boundaries, agricultural and forestal district
boundaries and parcels subject to conservation easements within two thousand (2,000)
feet of the facility.
(h) The proximity of the facility to commercial and private airports.
Photographs of the site.
For any proposed monopole or tower, photographs taken of a balloon test, which shall be
conducted as follows:
(a)
The applicant shall contact the department of planning and community development
within thirty (30) 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 sixty
(60) days after the date the application was submitted, and the applicant shall provide the
department 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
depamnent.
(b)
The test shall consist of raising one or more balloons from the site to a height equal to the
proposed facility.
(c)
(d)
The balloons shall be of a color or material that provides maximum visibility.
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 balloon is visible, and other properties and locations as deemed appropriate by the
director of planning and community development. The applicant shall identify the
camera type, film size, and focal length of the lens for each photograph.
General regulations: Except as otherwise provided in this paragraph, each facility shall be subject to all
applicable regulations in this chapter.
Notwithstanding section 4.2.3.1 of this chapter, a facility may be located in an area on a lot or
parcel other than a building site.
Notwithstanding section 4.10.3.1 (b) of this chapter, the director of planning and conununity
development may authorize a facility to be located closer in distance than the height of the
structure to any lot line if the applicant obtains an easement acceptable to the county attorney
prohibiting development on the part of the abutting lot 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).
The area and bulk regulations or minimum yard requirements of the zoning district in which the
facility will be located shall not apply.
4. Notwithstanding section 4.11 of this chapter, a facility may be located in a required yard.
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 director of
planning and community development to determine whether the facility complies with section 32.
In making this determination, the director may impose reasonable conditions authorized by section
32 in order to assure compliance.
A facility, other than a microwave dish, attached to an existing structure and which does not
exceed the height of the existing structure and is flush mounted to the structure, shall be permitted
as a by right use; provided, however, it shall be subject to all applicable regulations applying to the
existing structure and to the regulations set forth in subsection 5.1.40(c).
A facility located entirely within an existing building shall be permitted as a by fight use;
provided, however, k shall be subject to all applicable regulations applying to the building. Such a
by right use facility may include a self-contained shelter or cabinet not located within a building if
it is screened from public view or a whip antennae less than six (6) inches in diameter which
exceeds the height of the existing building.
Regulations applicable to a facility attached to an existing structure. A by right use facility described in
subsection 5.1.40(b)(6) shall be installed and operated subject to the following regulations:
The facility shall be designed, constructed 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; (iii) any equipment cabinet not located within the existing structure
shalI be screened from public view; (iv) a whip antenna less than six (6) inches in diameter may
exceed the height of the existing structure; (v) a grounding rod, whose height shall nor exceed two
feet and whose width shall not exceed one-inch in diameter at the base and tapering to a point,
may be installed at the top of facility or the structure; and (vi) within one month after the
completion of the installation of the facility, the applicant shall provide a statement to the
department of planning and community development certifying that the height of all components
of the facility complies with this regulation.
Equipment shall be attached to the structure only as follows: (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; (ii)
only flush mounted antennas shall be permitted; no antenna shall project from the structure beyond
the minimum required by the mounting equipment, and in no case shall an antenna project more
than twelve (12) inches from the existing structure; and (iii) each antenna and associated
equipment shall be a color that matches the existing structure.
Prior to beginning construction or installation of any equipment cabinet not located within the
existing structure, or installation of access for vehicles or utilities, a tree conservation plan,
developed by a certified arborist, specifying tree protection methods and procedures, and
identifying any existing trees to be removed on the site both inside and outside the access
easement and lease area shall be submitted to the director of planning and community
development for approval. All construction or installations associated with the equipment cabinet,
including necessary access for construction or installation, shall be in accordance with this tree
conservation plan Except for the tree removal expressly authorized by the director, the applicant
shall not remove existing trees within two hundred (200) feet of the lease area, or the vehicular or
utility access.
The facility shall be disassembled and removed from the site within ninety (90) days of the date its
use for wireless telecommunications purposes is discontinued.
The applicant shall submit a report to the zoning administrator by July 1 of each year. The report
shall identify each user of the existing structure that is a wireless telecommunications service
provider.
No slopes associated with construction of the facility and 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.
7. The regulations in section 5.1.12(a), (b) and (c) of this chapter shall apply.
Any equipment cabinet not located within the existing structure shall be: (i) fenced only with the
approval of the director of planning and community development; (ii) screened from all lot lines
either by the terrain, existing structures, existing vegetation, or by added vegetation approved by
the department of planning and community development's landscape planner.
I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of an Ordinance duly adopted by
the Board of Supervisors of Albemarle County, Virginia, by a vote of 5 to 1, as recorded below, at a regular
meeting held on October 17, 2001.
Attachment C
ZTA-2001-013. Outdoor lighting.
ORDInAnCE No. o1-18(8)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, 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 II, Basic Regulations, is hereby amended and reordained as follows:
By Amending:
Sec. 4.17.2 Applicability
Sec. 4.17.3 Definitions
Sec. 4.17.4 Standards
Sec. 4.17.5 Modification or waiver
Chapter 18. Zoning
Article II. Basic Regulations
Sec. 4.1 7 Outdoor lighting
Outdoor lighting regulations are set forth in sections 4.17.1, 4.17.2, 4.17.3, 4.17.4, 4.17.5 and 4.17.6.
These regulations are in addition to the performance standard pertaining to glare set forth in section 4.14.3
of this chapter.
(Ord. 98-18(1), 8-12-98)
Sec. 4.17.1 Purpose
The purposes of these outdoor lighting regulations are to protect dark sides, to protect the general welfare
by controlling the spillover of light onto adjacent properties, and to protect the public safety by
preventing glare from outdoor luminaires. To effectuate these purposes, these regulations regulate the
direction of light emitted from certain luminaires, and limit the intensity of light on certain adjacent
properties, as provided herein.
(Ord. 98-18(1), 8-12-98)
See. 4.17.2 Applicability
Except as provided in sections 4.17.4.b and 4.17.6, these outdoor lighting regulations shall apply to each
outdoor luminaire installed or replaced after the date of adoption of these regulations which is:
a Located on property within a commercial or industrial zoning district, or is
associated with a use for which a site plan is required by section 32.0, and is equipped
with a lamp which emits three thousand (3,000) or more initial maximum lumens; or
b. Located on property within a residential or the rural areas zoning district and
is associated with a use for which a site plan is not required by section 32.0, and is
equipped with a high intensity discharge lamp, regardless of its maximum lumens.
(Ord. 98-18(1), 8-12-98)
Sec. 4.17.3 Definitions
The following defmitions shall apply in the implementation and enforcement of these outdoor lighting
regulations:
Full cutoffluminaire. The term "full cutoff luminaire" means an outdoor light fixture shielded in such a
manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is
projected below the horizontal plane.
High intensity discharge lamp. The term "high intensity discharge lamp" means a mercury vapor, metal
halide, or high pressure sodium lamp, and for purposes of this section 4.17, a low pressure sodium lamp.
Lamp. The term "lamp" means the component of a luminaire that produces light. A lamp is also
commonly referred to as a bulb.
Lumen. The term "lumen" means a standard unit of measurement of luminous flux.
Luminaire. The term "luminaire" means a complete lighting unit consisting of a lamp or lamps together
with the components designed to distribute the light, to position and protect the lamps, and to connect the
lamps to the power supply. A luminaire is also commonly referred to as a fixture.
Outdoor luminazre. The term "outdoor luminaire" means a luminaire which is permanently installed
outdoors including, but not limited to, devices used to illuminate any site, structure, or sign, except that it
does not include an internally illuminated sign.
(Ord. 98-18(1), 8-12-98)
Sec. 4.17.4 Standards
The following standards shall apply to each outdoor luminaire:
a. Except as provided in section 4.17.6, each outdoor luminaire subject ro these
outdoor lighting regulations shall be a full cutoff tuminaire.
For each outdoor luminaire subject to these outdoor lighting regulations pursuant to section
4.17.2.a, whether a lamp emits three thousand (3,000) or more maximum lumens shall be
determined from the information provided by the manufacturer of the lamp including, but not
limited to, information on the lamp or on the lamp's packaging materials.
For each outdoor luminaire subject to these outdoor lighting regulations pursuant to
section 4.17.2.a, the following rated lamp wattages shall be deemed to emit three
thousand (3,000) or more maximum lumens unless the zoning administrator
determines, based upon information provided by a lamp manufacturer, that the rated
wattage of a lamp emits either more or less than the three thousand (3,000) ~nitial
maximum lumens:
a. Incandescent lamp: one hundred sixty (160) or more watts.
b. Quartz halogen lamp: one hundred sixty (160) or more watts.
c. Fluorescent lamp: thirty-five (35) or more watts.
d. Mercury vapor lamp: seventy-five (75) or more watts.
e. Metal halide lamp: forty (40) or more watts.
f. High pressure sodium lamp: forty-five (45) or more watts.
g. Low pressure sodium lamp: twenty-five (25) or more watts.
3. If a luminaire is equipped with more than one lamp, the lumens of the lamp with the highest
maximum lumens shall determine the lumens emitted.
10
b. Each parcel, except those containing only one or more single-family detached dwellings, shall comply
with the following:
The spillover of lighting from luminaires onto public roads and property in residential or rural
areas zoning districts shall not exceed one-half (½) foot candle. Spillover shall be measured
horizontally and vertically at the property line or edge of right-of-way or easement, whichever is
closer to the light source.
All outdoor lighting, regardless of the amount of lumens, shall be arranged or shielded to reflect
light away from adjoining residential districts and away from
adjacent roads.
(Ord. 98-18(1), 8-12-98)
Sec. 4.17.5 Modification or waiver
Any standard of section 4.17.4.a may be modified or waived in an individual case, as
provided herein:
The commission may modify or waive any standard set forth in section 4.17.4.a in an individual case,
and the commission may impose conditions on such a modification or waiver which it deems
appropriate to further the purposes of these outdoor lighting regulations, in either of the following
c~rcumstances:
Upon fmding that strict application of the standard would not forward the purposes of this chapter
or otherwise serve the public health, safety or welfare, or that alternatives proposed by the owner
would satisfy the purposes of these outdoor lighting regulations at least to an equivalent degree.
Upon f'mding that an outdoor luminaire, or system of outdoor luminaires, required for an athletic
facility cannot reasonably comply with the standard and provide sufficient illumination of the fic!d
facility for its safe use, as determined by recommended practices adopted by the Illuminating
Engineering Society of North America for that type of facility and activity or other evidence if a
recommended practice is not applicable.
Prior to considering a request to modify or waive, five (5) days' written notice shall be provided to the
owner, owner's agent or occupant of each abutting lot or parcel and each parcel immediately across the
street or road from the lot or parcel which is the subject of the request. The written notice shall
identify the nature of the request and the date and time the commission will consider the request.
c. The board of supervisors shall consider a modification or waiver of this section only as follows:
.¸
The denial of a modification or waiver, or the approval of a modification or waiver with
conditions objectionable to the developer may be appealed to the board of supervisors as an appeal
of a denial of the plat, as provided in section 14-226 of the Code, or the site plan, as provided in
sections 32.4.2.7 or 32.4.3.9, to which the modification or waiver pertains. A modification or
waiver considered by the commission in conjunction with an application for a special use permit
shall be subject to review by the board of supervisors.
In considering a modification or waiver, the board may grant or deny the modification or waiver
based upon the finding set forth in subsection (a), amend any condition imposed by the
commission, and impose any conditions it deems necessary for the reasons set forth in subsection
(a). Otherwise, neither the grant nor denial of a modification or waiver may be appealed to the
board.
(Ord. 98-18(1), 8-12-98; Ord. 01-18(4), 5-9-01)
11
Sec. 4.17.6 Exempt outdoor lighting and related acts
The following outdoor lighting and related acts shall be exempt from the requirements of these outdoor
lighting regulations:
a. Lighting which is not subject to this chapter by state or federal law.
Construction, agricultural, emergency or holiday decorative lighting, provided that the lighting is
temporary, and is discontinued within seven (7) days upon completion of the project or holiday for
which the lighting was provided.
c. Lighting of the United States of America or Commonwealth of Virginia flags and other non-
commercial flags expressing constitutionally protected speech.
d. Security lighting controlled by sensors which provides illumination for fifteen (15) minutes or less.
e. 'The replacement of an inoperable lamp or component which is in a luminaire that was installed prior to
the date of adoption of section 4.17.
f. The replacement of a failed or damaged luminaire which is one of a matching group serving a common
purpose.
(Ord. 98-18(1), 8-12-98)
12
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Implementation of Neighborhood Model and Selection of the
First Area to Master Plan
SUBJECT/PROPOSAL/REQUEST:
Joint Worksession with the Board
Planning Commission to approve
area to master plan
of Supervisors and the
strategy and select first
STAFF CONTACT(S):
Messrs. Tucker, Foley, Cilimberg, Ms. Echols
AGENDA DATE:
October 17, 2001
ACTION: X
ITEM NUMBERS:
IN FORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
BACKGROUND:
After adoption of the Neighborhood Model on May 16, 2001, the Board
implementation strategy and timetable back for their review.
REVIEWED BY:
/
of Supervisors instructed staff to bring an
DISCUSSION:
The attached documents represent the activities necessary for implementation. The documents provide information on the
lead department and provide the timetable for implementation. The timetable represents staff's best estimate of what can
be achieved based on current resources. A staff team is being developed to closely monitor the implementation activities
to assure targets are being met or to report adjustments that might become necessary during the work. Also attached is a
report, "Master Planning the Development Areas - Which Development Area Comes First?" which describes current land
use issues relating to the different neighborhoods, communities, and villages. It is hoped that this report will assist the
Commission and the Board in making the decision on which Development Area to master plan first.
RECOMMENDATION:
Staff recommends that, after review of the attached information, the Planning Commission and Board endorse the strategy
and select the first area to master plan.
01.194
MASTER PLANNING THE DEVELOPMENT AREAS
WHICH DEVELOPMENT AREA COMES FIRST?
OCTOBER 17, 2001
Character/Anticipated Development
· Contains highest population area and large inventory of commercial and office space
(several shopping centers including Fashion Square Mall plus Sperry and former Comdial
facilities).
· The two Neighborhoods are located on both sides of Route 29 and on both sides of Rio
Road East.
· Major stream valleys and wooded areas are located northeast of Rio Road draining
towards Rivarma River.
· "Belvedere Farm" area and other potential developments near Free State Road constitute
200 + acres.
· Albemarle Place (Sperry Comers) under consideration for 1.7 million square feet of
mixed-commercial activity (Comprehensive Plan Amendment and proposed rezoning).
· Development will focus on small, true infill parcels and site redevelopment.
Important issues to Consider
· County will need to work with the City where the boundaries adjoin.
· Master Plan will need to deal with land use and transportation issues relating to the
Meadow Creek Parkway and Route 29.
· Transit will be needed to support proposed developments.
· Existing dense development is in need of services consistent with the Neighborhood
Model: parks, sidewalks, library, etc.
· Route 29 is in need of a plan for future development: this road is the County's supposed
Main Street but it is not a "main street" in character.
· Neighborhood 1 is almost built-out.
Demographics/Land Area
· Estimated 2000 population is 13,466.
· Total land area is 3971 acres.
· Total available land for new development in 1997 was 840 acres.
Advantages to having these Neighborhoods Master Planned First
· Provides an opportunity to focus on bringing our highest density Development Areas into
conformity with the Neighborhood Model.
· Provides opportunities to focus on redevelopment and infill issues.
Character/Anticipated Development
· Area contains moderately sloping land as well as steeply sloping land, floodplains, and
wetlands.
· Area is also known as Pantops and has commercial areas as well as State Farm offices
and Peter Jefferson Place.
· Housing type is mostly multi-family.
· There are several vacant parcels near the intersection of Route 250 and Route 20
including large tracts owned by Virginia Land Company that will be containing a road
connection north of Route 250 connecting into Fontana.
· Old zoning (PDSC without a plan) exists on a large property - Gazebo Place - in
northeast comer of Route 250 and 1-64 (Shadwell Exit) permitting commercial use.
· Development opportunities exist for smaller infill sites.
· An important section of County Greenway traverses this neighborhood, running from
Towe Park and to ultimately Rivanna Village.
Important Issues to Consider
· Property is largely in the viewshed of Monticello.
· Development will need to be sensitive to the Rivanna River.
· County will need to work with the City where the boundaries adjoin.
· Transit will be needed to support proposed developments.
· Most of the large parcels designated for residential use are either under construction or
approved for development, except the Luxor property.
Demographics/Land Area
· Estimated 2000 population is 626.
· Total land area is 1400 acres.
· Total undeveloped land area in 1997 was 861 acres.
Advantages to having this Neighborhood Master Planned First
· There is an existing neighborhood plan, which could be the basis for a new Master Plan.
· Provides opportunities to focus on redevelopment and infill issues.
Character/Anticipated Development
· Largest portion of these neighborhoods is located south ofi-64 and west of Route 20.
· Area contains Biscuit Run and Moore's Creek.
· Most of the housing is single family detached and attached.
· Area includes small industrial and commercial areas. Largest nonresidential properties
are the Juvenile Detention facility, Piedmont Community College, the old Blue Ridge
Hospital complex, and Monticello High School.
· Anticipated development includes 3 proposed multifamily complexes for student
housing. These developments will require access to Charlottesville on Old Lynchburg
Road, Sunset, and Fifth Street. A new school to serve the southern part of the County
Important issues to Consider
· There is significant acreage available for development.
· A CPA was recently proposed to expand the Development Areas south of Redfields for
residential use.
· Future redevelopment of Blue Ridge Hospital is anticipated as is a tourist center for
Monticello.
· Attention will need to be paid to interstate interchange development patterns.
· Future land use and design of the Willoughby/Brass site will be needed.
· East-West road issues will need to be included in the Master Plan, including the Southern
Parkway.
· Redevelopment of the old landfill property will provide an opportunity for dealing with a
brownfield site.
· County will need to work with the City where the boundaries adjoin.
· Transit will be needed to support proposed developments.
· Road connections to City will need to be provided via Fontaine/JPA, Stribling, Sunset,
and Old Lynchburg Road.
Demographics/Land Area
· Estimated 2000 population is 6212.
· Total land area is 3886 acres.
· Total available land for new development in 1997 was 1923 acres.
Advantages to having these Neighborhoods Master Planned First
· A joint transportation study (Southern Charlottesville Transportation Study) will cover a
portion of Neighborhoods 4 & 5.
· Conducting this Master Plan first would allow planning to get out ahead of the
anticipated development.
· The Blue Ridge Neighborhood study (PACC Area B Study) covers a portion of
Neighborhood 4. It will need to be updated.
· The JPA/Fontaine Avenue (PACC Area B Study) covers a portion of Neighborhood 5.
Character and Anticipated Development
These neighborhoods are located in the southwestem part of the urban neighborhoods.
New development mostly will relate to the University and UREF controlled lands
(Faulconer and Birdwood).
Important issues to Consider
· Development activity will focus on redevelopment and true infill oppommities,
especially On smaller parcels.
· Care will need to be taken with developments proposed near the Bypass.
· Development of the University/UREF holdings will need to be consistent with the
Neighborhood Model will require joint planning, and will need to have a positive
relationship with the North Grounds of the University.
· Extreme care will be needed for new development along Route 702 because of its
difficult topography. Questions about its suitability for inclusion in the Development
Areas will be raised.
· County will need to work with the City where the boundaries adjoin.
· Transit will be needed to support proposed developments.
· The Master Plan will need to be coordinated with the Ivy Road corridor improvements
and land use issues.
Demographics/Land Area
· Estimated 2000 population is 5511.
· Total land area is 3654 acres.
· Total available land for new development in 1997 was 631 acres.
Advantages to having these Neighborhoods Master Planned First
· Lewis Mountain/University Heights and JPA/Fontaine Avenue PACC Area B studies
cover a portion of this site already.
Character/Anticipated Development
· Towers Land Trust Property is under review for a rczoning.
4
· Hollymead TownCenter has been approved as a CPA.
· Airport expansion is anticipated.
Important issues to Consider
· There are large tracts of undeveloped land.
· Growth pressures are high along Route 29 as evidenced by the rate of development of
residential and commercial uses.
· The relationship of Route 29 corridor to the major quadrants of development: North Fork
Research Park; Hollymead Town Center; Towers Land Trust; Forest Lakes
Commercial/Retail Center
· The Route 29 Bypass and Route 29 North improvements will play into the land use and
transportation relationship.
· Transit will be needed to support proposed developments.
· Planning along the Meadow Creek Parkway will be important as well as providing for
East/West connections.
· Existing commercial zoning on Route 29 in Piney Mountain will need to be addressed.
· The relationships between Hollymead and the Profitt historic village will need to be
refined.
· Existing industrial/institutional uses in Piney Mountain (GE-Fanuc, NGIC) and
undeveloped land designated for industrial use need to ultimately "fit" with the
community and be consistent with Neighborhood Model.
Demographics/Land Area
· Estimated 2000 population is 6701.
· Total land area is 4842 acres.
· Total available land for new development in 1997 was 1875 acres.
Advantages to having these Communities Master Planned First
· This Development Area was identified 5 years ago as the next community to plan (after
Pantops and Crozet were completed).
· Several major developments are under consideration, which could be influenced by or
could influence the Master Plan.
Character/Anticipated Development
· Buildout of the rest of Glenmore is occurring.
· The Rivanna Village at Glenmore CPA is under consideration at present.
5
Important Issues to Consider
· This Development Area is in the viewshed of Monticello.
· Development is anticipated to occur along the Rivanna River and Carroll Creek, which
must be sensitive to these resources.
· Interest has been expressed in expanding the Development Area near Glenmore.
· Route 250 East Corridor improvements are under consideration and will impact the land
use relationships along this road.
· Glenmore is not yet a truly self-contained community; will pressure for commercial
activity continue if the CPA is not approved?
· If the CPAis approved, the Village could become a "center" to provide services to the
Rural Areas.
· Transit will be needed to support proposed developments.
Demographics/Land Area
· Estimated 2000 population is 1355.
· Total land area is 1631 acres.
· Total available land for new development in 1997 was 162 acres.
Advantages to having this Village Master Planned First
There is only a small amount of land left to master plan if the pending CPA is approved.
Because of this situation, this Master Plan could likely be done more quickly, relative to
the other Development Areas.
Character/Anticipated Development
· Montclair rezoning (at eastern end of the Development Area) is under review at present.
· Clover Lawn rezoning is under review at present.
· Blue Ridge Shopping Center entrance and other parts of the proposed development will
likely be redesigned.
· A golf course community of 400 acres is under consideration by the owner for a planned
development called "Village at Buck's Elbow" at the western end of the Development
Area.
· Development of the vacant Con-Agra land and adjacent lands has been discussed with
staff and the community association.
Important Issues to Consider
Crozet serves as the center of the western part of Albemarle County.
There are many large parcels of undeveloped land for which new developments are
currently under consideration.
· There is a need for redevelopment of the downtown area and a plan for maintaining and
supporting it.
· The integrity of this intact community and its historic elements must be protected.
· Major road issues exist to link undeveloped areas to developed areas and major
thoroughfares.
· Crozet has the highest residential capacity of all the Development Areas. As a result, it
has the potential to become more of a bedroom community to Charlottesville rather than
a self-sustained community.
· With recent plant closings, there are declining employment oppommities.
· Transit will be needed to support proposed developments.
Demographics/Land Area
· Estimated 2000 population is 2753.
· Total land area is 2912 acres.
· Total available land for new development in 1997 was 1416 acres.
Advantages to having this Community Master Planned First
· There is an existing neighborhood plan, which could be the basis for a new Master Plan.
· An organized community-wide citizen association exists and could quickly begin work
on a Master Plan.
· The Drainage Area Master Plans will begin with Crozet as the first community for stream
assessments.
· Crozet offers the broadest variety of issues to address in a single Development Area.
These issues include new large scale development, small infill development,
redevelopment, historic preservations, downtown development, preservation, and
maintenance, water supply protection, and services to the Rural Areas.
SOURCES FOR DEMOGRAPHICS AND UNDEVELOPED LAND AREA
Albemarle County Population/Housing Estimates 2000, prepared by the Albemarle County
Department of Planning and Community Development, Office of Mapping, Graphics, and
Information Resources, August 2000.
The Development Area Initiatives Project, Volume 3 of the Final Report, Supporting
Documents, Summary of County Buildout Analysis Buildout Analysis Tables, 1997. (This
information is the latest available.)
IMPLEMENTING THE NEIGHBORHOOD MODEL
PROPOSED STRATEGY 10/17/01
Priority/Order of Specific Action Implementation Steps Lead Department Suggeste~l Time Frame & Targets
Importance , (TentatiVe)
1 A. Modify Comprehensive Plan · Make changes to related sections of the · Planning Department · UnderWay - proposed delivery to
references to update with the Comprehensive Plan and recommend to PC October 200
Neighborhood Model PC.
· PC holds public hearing and makes
recommendation to BOS. (Should be
perfunctory. Will act as the 5-year ·
update.)
2 B. Modify Community Facilities Plan to · Make the following modifications: · Planning Department with · Unde~ay - proposed delivery to
be in keeping with adopted changes · allow for acquisition of school sites assistance from CIP PC July 2002, depending upon
in the Neighborhood Model separate from recreational playing Technical Committee necessary involvement by the
fields School Board.
· development of standards for new
types of parks and recreation
facilities
· allow for alternative architectural
designs of school buildings (rather
than mandatory use of prototype
school facilities)
· require pedestrian access to public
facilities built in the Development
Areas
· allow for ownership and maintenance
of neighborhood parks by County
· Emphasize the importance of design
in public buildings.
· Make changes and recommend to PC.
· PC holds public heating and makes
recommendation to BOS. Should be
perfunctory.
· Attempt to obtain needed community
facilities such as schools, playing fields, · Planning with assistance · On-going
libraries, fire stations, etc. during CPA from other departments
and major rezonings based on principles
of the Neighborhood Model.
IMPLEMENTING THE NEIGI-IBORI-IOOD MODEL
PROPOSED STRATEGY 10/17/01
Priority/Order of Specific Action Implementation Steps Lead Department Suggested Time Frame & Targets
Importance (Tentative)
3 C. Regulatory Changes Subdivision issues
· Current subdivision changes in process: · Planning with assistance · Underway -proposed delivery to PC
· Shared driveways/alleys from County Attorney October 2001
· Using pages 5-7 of Volume 2, develop · January 2002 - January 2003
subdivision ordinance changes
· Where direction is unclear, Planning staff
brings issues to PC for decisions in
developing subdivision ordinance
revisions.
Zoning Changes
· Staff continues to work on changes to · ZTA Team (Planning, · Unde~ay
zoning ordinance to take to PC. Zoning Zoning, Engineering, and
changes being drafted now: County Attorney) ,
· Shared driveways and alleys · Proposed delivery to PC October
(initiated by public and staff) 2001
· Critical slopes modifications/stream
protection/site grading · Proposed delivery to PC for critical
slopes and parking March 2002
· Parking
· PUD changes (initiated by public) · Proposed delivery to PC December
2001
· Propose changes (from pages 6- 10 · ZTA Team (Planning, · Begin work March 2002
of Volume 2) to the Zoning Zoning, Engineering, and
Ordinance that affect "character" and County Attorney) with
"form" * * * assistance from Fire and
Rescue and Building
· ** Staff will need to get Board verification Official
on specific changes desired with this step
(Decide if and when consultant
assistance is needed for zoning
changes to implement the
Neighborhood Model) i
IMPLEMENTING THE NEIGHBORHOOD MODEL
PROPOSED STRATEGY 10/17/01
Priority/Order of Specific Action Implementation Steps Lead Department Suggested Time Frame & Targets
Importance (Tentative)
4 D. Master Planning · Workses'sion by PC and BOS to decide on · Planning and County · October 17, 2001
first Development Area for consideration Executive's Office
for Master Plan.
· Staff develops RFP · Planning and Purchasing · During November 2001
Agent
· RFP reviewed by DISC II · During December 2001
· RFP sent out in December; staff selects · During January 2002 and February
consultant and negotiates contract 2002
· Development of fzrst Master Plan · March 2002- February 2003
5 E. Work with VDOT to Change · With VDOT residency, endeavor to · Engineering with · September 2001-June 2002
Subdivision Street requirements develop an interim set of standard assistance from Planning,
waivers and conditions for TND-type Fire & Rescue, ACSA
streets.
· Seek statewide changes to Subdivision · County Executive's Office · On-going
street standards to allow for TND streets, with assistance from
This may include: Planning, Engineering, Fire
· Working with the High Growth & Rescue, ACSA
Coalition and the Shelter Industry to
get new statewide changes for
subdivision street standards
· Working with the Central VDOT
office in Richmond to request
changes to State Subdivision Street
Standards.
6 F. Affordable Housing · Consider DISC recommendations for · Housing Committee with · begin work October 2001
affordable housing in Volume 2 to assistance from Planning
introduce methods of providing
affordable housing in the community and
provide recommendations to DISC II, PC,
and the BOS.
· Staff promotion of affordable units during · ongoing
review of large rezonings and CPA's and
in by-right developments.
IMPLEMENTING THE NEIGHBORHOOD MODEL
PROPOSED STRATEGY 10/17/01
Priority/Order of Specific Action Implementation Steps Lead Department Suggested Time Frame & Targets
Importance (Tentative)
7 G. Acquiring Parks and Recreational · Establish in Community Facilities Plan a · Parks & Recreation · begin work May 2002
Facilities program for accepting "neighborhood
parks" into a County system for
ownership and maintenance.
· Establish in Community Facilities Plan a · begin work May 2002
program for parks and playing field
acquisition.
8 H. Water and Sewer Provision · Find ways to accommodate street trees · Planning, Engineering, · October 2001 - June 2002
Along with VDOT and sidewalks in relation to utility lines County Executive, ACSA,
Subdivision street possibly BOS
Changes
· In areas inadequately served with utilities · Planning, ACSA, and · begin work January 2003
(insufficient water or sewer capacity) in Engineering
the Development Areas, fmd ways to
provide utilities to promote the
development of these areas. (This
activity will likely be explored during the
Master Planning process)
9 I. Fire Protection · Incorporate fire protection needs in · Planning, Engineering, and · October 2001 June 2002
Along with VDOT design standards for streets Fire & Rescue (see change
subdivision street in Subdivision Street
changes Standards above.)
· Consider fire track purchases in the future · Fire & Rescue and · begin work January 2003
that support fire suppression needs in the Engineering with
Development Areas and can negotiate assistance from Planning
new street systems
10 J. Promoting infill within the City and · Establish working committee between · County Executive's office To be determined
the Development Areas City, County, and UVA to promote in conjunction with City of
development and redevelopment wi'thin Charlottesville and UVA--
the boundaries of the City and County's possibly use PACC and
development areas PACC/Tech
· County/City Planning
Commission
FAX (434) 972-4126
COUNTY OF ALBEMARLE
Department of Building Code and Zon~g Services
40I Mclntire Road, Room 227
Charlottesville, Virginia 22902-4596
TELEPHONE (434) 296-5832
TTD (434) 972-4012
October 5, 2001
Gladys W. Clarke
P.O. Box 7
Greenwood, VA 22943
CORRECTED LETTER
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 55, Parcel 7 and Tax Map 55, Parcel 11A (Property of Gladys W. Clark)
Section 10.3.1
Dear Ms. Clarke:
This letter corrects typographical errors in the letter of October 1,2001. The County
Attorney and i have reviewed the title information for the above-noted properties. It is
the County Attorney's advisory opinion and my official determination that Tax Map 55,
Parcel 7 is comprised of three (3) separate parcels. The 45 acre tract described in
Deed Book 163, page 134 contains five (5) theoretical development dghts. The 4.7 acre
tract described in Deed Book 167, page 231 contains two (2) theoretical development
rights. The 5 acre tract described in Deed Book 244, page 175 contains two (2)
theoretical development rights. Tax Map 55, Parcel 11A is comprised of two (2)
separate parcels. The portion of the property located on the south side of Route 691
contains five (5) theoretical development rights. The portion of the property located on
the north side of Route 691 contains one (1) theoretical development right. The basis for
this determ.nation follows.
Our records indicate Tax Map 55, Parcel 7 contains 54.70 acres and one (1) dwelling.
The most recent deed for this parcel is recorded in Deed Book 1070, page 25. The
parcel is not in an AgricUltural and Forestal District.
The most recent deed for this property prior to the date of adoption of the Albemarle
County Zoning Ordinance (December 10, 1980) is recorded in Deed Book 605, page
581. This deed, dated September 17, 1976, conveyed three tracts of land from Paul
Woodford Wager Clarke, Lawrence Clyde Clarke, IV, Sarah Morris Clarke, Christopher
Edwin Clarke, Janet Creasy Clarke, and Louise Harvey Clarke to Gladys Wager Clarke.
The three tracts, containing a total of 54.7 acres, are described as follows:
I:\DEP'P, Building & Zoning\Determin of Parcel\Clark55-7&1 lA ACE.doc
t0-r'~',~',;-~,nl P01:50 tN
Gladys W. Clarke
October 5, 2001
Page 2
First: 45 acres conveyed from R. D. Colemen to Clarence Starkweather on June
7, 1916 recorded in Deed Book 163, page 134. The plat recorded with this deed
shows that this parcel extends from Route 691 to the center of the C & O
Railroad.
Second: 4.7 acres conveyed from Marshall Wheeler to Clarence Starkweather on
March 18, 1918 recorded in Deed Book 167, page 231.
Third: 5 acres conveyed from Henry Goodloe, Special Commissioner, to
Clarence Starkweather on August 21, 1939 and recorded in Deed Book 244,
page 175.
The 4.7 acre parcel and the 5 acre parcel are located within the portion of Parcel 7
situated on the north side of the railroad track. The boundary between these two lots
has not been established as part of this review.
Deed Book 1070, page 25 is a corrected deed of gift. This deed, dated September 19,
1989, is between Louise C. Goodling, formerly Louise Harvey Clarke & Jace Atlee
Goodling and Gladys Wager Clarke. Louise Harvey Clarke was under the age of 18
years when she conveyed her interest in the property described in Deed Book 605,
page 581. This inadvertency is corrected by this deed. There have been no off-
conveyances since this transaction.
Based on this history, Tax Map 55, Parcel 7 is determined to be comprised of three (3)
separate parcels; each with a full complement of development rights.
Our records indicate Tax Map 55, Parcel 11A contains 65.550 acres and one (1)
dwelling. The most recent deed for this parcel is recorded in Deed Book 1960, page
569. The parcel is not in an Agricultural and Forestal District.
The most recent deed for this property prior to the date of adoption of the Albemarle
County Zoning Ordinance (December 10, 1980) is recorded in Deed Book 365, page
417. This deed, dated January 13, 1961, conveyed 65.55 acres from Lois B. Marvin to
Paul W. Wager and Maude Lassiter Wager. The property is shown on a plat by T. W.
Saunders recorded with this deed.
Deed Book 707, page 636, dated June 20, 1980 and recorded on December 31, 1980,
conveyed 65.55 from Paul W. Wager and Maude Lassiter Wager to Gladys Wager
Clarke. This is same property shown on the plat by T. W. Saunders recorded in Deed
Book 365, page 422.
h\DEPT~Building & Zoning\Determin of Parcel\Clark55-7&1 lA ACE.doc
Gladys W. Clarke
October 5, 2001
Page 3
Deed Book 796, page 416, dated April 25, 1984, is a deed of correction between Paul
W. Wager and Gladys Wager Clarke. This deed corrects the deed recorded in Deed
Book 707, page 636. It provides that in addition to the 65.55 acres conveyed in that
deed, Paul W. Wager and Maude Lassiter Wager intended to convey a small triangular
strip of land on the north side of Route 691. This property lies to the northeast of Lot 3
on a plat recorded in Deed Book 306, page 328. This portion of Parcel 1 lA, located
adjacent to the southern most part of Parcel 7, is determined to be a separate parcel in
accord with the Sanford case. However, it is estimated to contain less than two tenths of
an acre. It is unlikely that the development right associated with this parcel could be
utilized.
Deed Book 1902, page 508, dated March 17, 2000 conveyed by gift 65.55 acres from
Gladys Wager Clarke to Lawrence C. Clarke, Ill. This is described as the property
shown on the plat by T.W. Saunders recorded in Deed Book 365, page 422. Also, this
deed conveyed the small triangular lot described in Deed Book 796, page 416.
Deed Book 1960, page 569, dated October 10, 2000 conveyed by gift 65.55 acres from
Lawrence C. Clarke, III to Gladys Wager Clarke. This is described as the property
shown on the plat by T.W. Saunders recorded in Deed Book 365, page 422. This is
further identified as the same property that was conveyed to the grantor by a deed of
gift by Gladys Wager Clarke recorded in Deed Book 1902, page 508. Our records show
no off conveyances since this transaction.
Based on this history, Tax Map 55, Parcel 1 lA is determined to be comprised of two
separate parcels. The 65.55 acres on the southern side of Route 691 contains five (5)
development rights. The small triangular lot identified in Deed Book 796, page 416 has
one (1) development right.
These parcels are entitled to the noted development rights if all other applicable
regulations can be met. These development rights are theoretical in nature but do
represent the maximum number of lots containing less than twenty one acres allowed to
be created by right. In addition to the development right lots, a "parent parcel" may
create as many parcels containing a minimum of twenty-one acres as it has land to
make.
If you are aggrieved by this determination, you have a right to appeal it within thirty days
of the date notice of this determination is given, in. accordance with Section 15.2-2311 of
the Code of Virginia. If you do not file a timely appeal, this determination shall be final
and unappealable. An appeal shall be taken only by filing with the Zoning Administrator
and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the
appeal. An appeal application must be completed and filed along with the fee of $95.
The date notice of this determination was given is the same as the date of this letter.
I:\DEPT~Building & Zoning\Determin of Parcel\Clark55-T&1 lA ACE.doc
Gladys W. Clarke
October 5, 2001
Page 4
If you have any questions, please contact me.
Sincerely,
John Shepherd
Manager of Zoning Administration
Copies: Gay Carver, Real Estate Department
Ella Carey, Clerk Board of Supervisors
McChesney Goodall, ACE Program Coordinator
Reading Files
I:\DEPT~Building & Zoning\Determin of Parcel\Clark55-T&1 lA ACE.doc
McGuireWoods LLP
Court Square Building
310 Fourth Street N.E.. Suite 300
P.O. Box 1288
Charlottesville VA 22902-1288
Phone: 804.977.2500
Fax: 804.980.2222
www. mcguirewoods.com
Valerie W. Long
Direct: 434.977.2545
vlong.@mcguirewoods.c~-
Direct Fax: 434. :J80.22(,5
October 10, 2001
VIA FACSIMILE 972-4012
Mr. Dan MahOn
Landscape Planner
Albemarle County Department of
Planning & Community Development
401 Mclntire Road, Room 218
Charlottesville, VA 22902-4596
Re: Food Lion Special Use Permit Applications for Outdoor StoraRe and Displm. t
(SP 01-025, SP 01-026 and SP 01-027)
Dear Dan:
On behalf of our client, Food Lion, I respectfully request a deferral of the Board of
Supervisor's consideration of. the above-referenced special use permit applications
until November 14, 2001. I have spoken with the Board Clerk, Ella Carey, and she has
indicated that the agenda on that date would accommodate this request.
Should you require anything further to effectuate this request, please do not hesitate to
contact me at 977-2545.
Very truly yours,
Valede W. Long
CC:
Ella Carey, Clerk, Board of Supervisors (via facsimile)
Joe Hayes, Food Lion
\\REA\76256.1
10/10/01 11:17 '~8040802222 ~[W LLP ~ 002/002
MCGukeWood~ LLP
Cou~ SClL~e B~ild~r~
310 Fourth Street;
Charla~e~vllle, VA :22902.1288
Phone: 804,977,2500
Fax: ~,980.2222
w~, m~uir~eods
Vale~e W, L~
Dlmch 434.977.2S45
McGUIREWCODS
vlongOmcF, u/mwOods.c=m
Direct Fax: 4,34,980.2265
October 10, 2001
VIA FACSIMILE 972-4012
Mr. Dan Mahon
Landscape Planner
Albemarle County Department of
Planning & Community Development
401 Mclntire Road, Room 218
Charlottesville, VA 22902-4596
Re: Food Lion Soecial Use Permit Applicatione for Outdoor S..torage and Display
(SP 0t.025. SP 01~026 and SP 01-02,7)
Dear Dan:
On behalf of our client, Food Lion, ! respectfully request a deferral of the Board of
Supervisor's consideration of the above-referenced special use permit applications
until November '14, 2001. I have spoken with the Board Clerk, Ella Carey, and she has
indicated that the agenda on that date wouJd accommodate this request.
Should you require anything further to effectuate this request, please do not hesitate to
contact me at 977-2545.
Very truly yours,
Valerie W. Long
VWL/hll
Ella Carey, Clerk, Board of Supervisors (via facsimile)
Joe Hayes, Food Lion
\\l;Ll~A\?6256,1
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
~,GENDA TITLE:
ZMA 01-004 SNB Car Wash
SU BJ ECT/PROPOSAL/REQU EST:
Request to rezone 0.6 acres from CO to HC with
proffers.
STAFF CONTACT(S):
Messrs. Tucker, Foley, Cilimberg, Ms. Echols
AGENDA DATE:
October 17, 2001
ACTION: X
CONSENTAGENDA:
ITEM NUMBER:
IN FORMATION:
ACTION: INFORMATION:
ATTACHMENTS:
REVIEWED BY:
Yes
BACKGROU ND:
The Planning Commission recommended approval of this rezoning on October 2 subject to minor revisions to the proffers.
These revisions were not substantive; rather, they were needed for clarity in implementation and were requested by the
County Attorney's office.
DISCUSSION:
The modified proffers have not been received yet by the Planning Department.
Staff anticipates recei pt before the Board of Supervisors' meeting.
Changes requested are not substantive.
RECOMMENDATION:
Staff recommends approval of the rezoning once the correct proffers are received with original signatures.
01.193
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
REVISED OCTOBER 9, 2001
ELAINE K. ECHOLS, AICP
OCTOBER 2, 2001
OCTOBER 17, 2001
ZMA 01- 004 SNB Car Wash
SDP 01-042 Rio Road Laser Car Wash
Applicant's Proposal: SNB, LLC would like to develop a drive-through car wash on a small
undeveloped portion of land adjacent to the Aema Service Station o~Rio Road. The entire
parcel is owned by Taylor Oil Company. The applicant will have a long-term lease on the
portion of the property devoted to the car wash. The entire property is zoned C-1
Commercial and only a small portion is proposed for HC Highway Commercial. Proffers are
proposed to limit the portion of the parcel zoned HC, to limit the use to a car wash, to
develop in accord with the site plan proposed, and to have architectural limitations. The
proposed site plan is Attachment A. The proposed proffers are Attachment B.
Petition: The request is to rezone 0.6 acres from C-1 Commercial to HC Highway
Commercial to allow for a car wash. The property, described as a portion of Tax Map 61
Parcel 147 is located in the Rio Magisterial District on Rio Road at the comer of Rio Road
and Gasoline Alley. The Comprehensive Plan designates this property as Neighborhood
Service in Neighborhood 2. (See Attachments C and D.) The petition for approval of the
site development plan is analyzed after this section on the rezoning.
Applicant's Justification for the Request: The applicant is making the request in order to
have full use of a property with an existing gas station and detention pond.
Character of the Area: The area is characterized by small retail uses on the east side of Rio
Road, inclUding several gasoline stations, and residential uses on the west side of Rio Road.
RECOMMENDATION: Staff has reviewed the proposal for conformity with the
Comprehensive Plan and the Zoning Ordinance and recommends approval with proffers.
Planning and Zoning History:
Comprehensive Plan: The property in question is designated for Neighborhood Service in
Neighborhood 2 of the Land Use Plan. Recommended Neighborhood Service uses include
the following activities:
· Uses allowed in this designation include neighborhood-Scale commercial; specialty
shops; professiOnal and office uses providing retail, wholesale, and/or business within a
Village, Urban Neighborhood, or Community. This scale of commercial is the type
anticipated within a planned development approach.
· Urban density residential uses are allowed within this designation as a secondary use.
· Neighborhood Service designation requires a small site size (1-5 acres), collector road
accessibility, water and sewer availability, and compatibility with adjacent land uses.
The specific recommendations for Neighborhood 2 that affect this proposal include this one
statement:
· Limit the Neighborhood Service designation along Rio Road to existing developed areas.
Staff believes that car washes are compatible with the Neighborhood Service designation.
Staff also believes that infill of a site between two gasoline stations is not precluded with this
statement.
· Staff has analyzed this proposal for conformity with the Neighborhood Model as
indicated below:
Land Use Standards for Designated Development Areas (General Land Use Standards
pp. 20 - 22)
Development should be concentrated and clustered to protect environmental features. (Parks
and Open Space; Site Planning that Respects Terrain) Manmade steep slopes exist on the
parcel as part of the land sloping down to the detention basin. The basin is also proposed to
serve as a b.m.p. The slopes to the basin will have to be regraded to accommodate runoff
from the development. The critical slopes waiver analysis is provided in the Site Plan section
of this report. Recommendations for regrading are that slopes be created at no steeper than
2:1 and that the 2:1 slopes be stabilized with low maintenance vegetative ground cover.
Limiting access points should minimize the impact of development on major roads. The
proposed development will use an existing entrance on Rio Road East and an entrance from
Gasoline Alley. No major impact on Rio Road East is expected.
A sense of community should be maximized by providing connections between developments;
such connections may provide for additional recreational facilities, increased open space
area, bicycle/pedestrian links, improved public transit, emergency access, and access to
schools, parks, and other public facilities. (Pedestrian Access and Interconnected Streets
and Transportation Networks) A sidewalk exists across the site on Rio Road. The
applicant intends to build curb, gutter, and sidewalk from the comer of Gasoline Alley and
Rio Road down Gasoline Alley to the property boundary.
Underground utilities should be provided in new developments. An overhead power line
exists across the site and along both sides of Rio Road. This proposal does not include
relocating that power line underground. It is possible that the overhead line could relocated
underground; however, the only place where the owner could do this would be across the full
frontage of the-lot.' To'relocate the'power 'line would be~more aesthetically pleasing across
this site, but it would not remove the poles that hold the power line in place along Rio Road.
Staffbelieves that, to move the poweflines underground at this location would not
substantially mitigate the existing impact of the above ground powerlines and poles along the
extended stretch of Rio Road and has not recommended this improvement.
Features to prevent impact from impervious surfaces on water quality should be provided.
As previously stated, a b.m.p./detention facility will meet the County's water quality
regulations.
Building orientation should be to public streets; parking areas do not need to be located
exclusively in front of buildings. (Buildings and Spaces of Human Scale; Relegated
Parking) Parking is minimal on the site because the use is almost exclusively a drive-
through use. Where provided, it is not shown in front of the building; rather, the two
required parking spaces face Gasoline Alley. Because of the small size of the site and
limitations with the existing detention facility, there does not appear to be a more appropriate
area for the parking spaces. Screening and landscaping requirements for the site plan should
ensure that the appearance of these spaces is minimized from the public streets.
The proposed buildings are shown in Attachment E. Staff has suggested that the triangular
ornamentation at the top of the building not be provided since it would not be complementary
to the other bnildings along Rio Road. Staff has further suggested that, to be complementary
with the other buildings the proposed building:
a. Draw from the elements and colors of nearby commercial and residential buildings. The
applicant should consider using the colors of the BP convenience store/gasoline station
next door (not the canopy). The blue stripe around the cornice would not be
complementary to the nearby architecture.
b. Use brick detailing at the base and at the top to help improve the appearance of the flat
roof. The bricks are features of the residences along Rio Road.
c. Consider making the comer details more traditional. The "colmnn" ornamentation on the
comers is features that are not used along this corridor.
The applicant has proffered to provide a building whose architectural features are compatible
with the character of the commercial and residential buildings visible from the site. The
wording needs to be clarified somewhat; however, the applicant has proffered to provide an
architecturally compatible building that reflects agreement between the applicant and
Albemarle County Design Planner.
Where site illumination is proposed, down directed and shielded lights should be used.
Lighting is not shown on the preliminary plan; however, provision of lighting plans usually
takes place with the final site plan. The development will have to conform to County
lighting regulations.
Historic buildings should be adaptively reused. (Redevelopment rather than
Abandonmen-t)No.-historie buildings~exist, on.the-property~ ..................
The phasing of developments should match service and infrastructure availability and
capacity. Water and sewer service is available to serve this development.
Overall development density should be as high a level as is practical. No residential uses are
proposed.
The integrity of adjacent residential areas should be maintained through use of buffering,
screening, and separation of adjacent non-residential uses. The adjacent residential areas
are across Rio Road fi:om the proposed development. As a condition of site plan approval,
staffbelieves that screening of the vacuum cleaner areas fi:om Rio Road is appropriate.
Developments should be designed with an internal orientation to foster a sense of place and
avoid the image of continuous suburban sprawl. (Buildings and Spaces of Human Scale)
By connecting the two sites with internal access, and, by providing architectural features that
are complementary to the surrounding properties, a sense of place is provided.
Provisions should be made for innovative design that reduces housing costs. (Affordability
with Dignity) No housing is proposed.
Lot design and residential layout should be based on a rational use of land that reflects
topographic and other physical features rather than massive grading to eliminate or
counteract those features. (Site Planning that Respects Terrain) There are very few uses
which could take advantage of this site. One alternative would be for the Aetna gasoline
station to expand over onto this property. The alternative proposed provides a
complementary use to the other service uses along Rio Road. To develop this land, though,
and to us expand use of the stormwater facility, significant grading to the rear of the site must
take place.
Specific Standards for Residential, Commercial and Industrial Land Uses (Residential
Densities and Relationships to Other Land Uses; Residential Development Design, pp. 22-
23)
In rezoning deliberations, the county should be mindful of the intent to encourage infill
development, contain most future growth within the designated Development Areas, and
avoid rural development pressure. Unless contrary to matters of public health and safety,
residential rezoning to the upper end of the Comprehensive Plan recommended land use
density ranges should be favored even if the density exceeds that of surrounding
developments. The proposed rezoning uses "infill" as a means to make better use of the land
than currently exists.
Maintenance of the integrity of residential areas should be accomplished using buffering,
screening, and physical separation of adjacent nonresidential uses. As previously stated,
buffering and screening will be required with the site plan.
For larger devetopments,.-tayout and design, should provide for;varyingbuilding orientation
and setback, dwelling unit type, faqade treatment, and lot size to avoid repetitiveness. Open
space should be employed as a design feature to establish and define smaller neighborhood
areas within the larger developments. The PRD/PUD approach is particularly applicable
for larger developments. (Buildings and Spaces of Human Scale) As indicated before, the
site is very small. The layout and design, however, does avoid repetitiveness of setback
along the Rio Road corridor.
4
Specific standards for commercial development in the Land Use Plan also apply to this site.
These standards are as follows:
Commercial zoning districts should be permitted only in designated Villages, Communities
and the Urban Area. Only limited supporting commercial uses appropriate to the Rural
Areas should be included in the Rural Areas zoning provisions. (Clear Boundaries with the
Rural Area) This rezoning is proposed for Neighborhood 2, which is part of the Urban Area.
The land does not abut a rural boundary.
Highway-oriented commercial development should be located in clusters with common
access points. Highway-oriented commercial development not located in such clusters
should utilize service roads or shared access with adjoining sites to minimize the number of
intersections on higher volume roads. To encourage this approach, areas designated for
commercial development should not be less than three acres and shouM be of reasonable
topography to allow unified access. The proposed rezoning takes advantage of a single point
of access on Rio Road and allows interparcel access between complementary uses.
Rezoning to a commercial designation for sites of three acres or more shouM be
accomplished under a planned approach accompanied by traffic analysis. The size of the
site is 0.60 acres and both VDOT and the County Engineering Department believe it does not
require a traffic analysis.
Commercial uses adjacent to residential areas shouM be effectively buffered and screened in
accordance with zoning regulations. Generally, commercial office uses should be employed
as transitional areas between residential development and heavier commercial or industrial
areas. Any uses (including commercial office uses) allowed adjacent to residential areas
should be compatible in operational aspects, and any potentially objectionable aspects
should be adequately addressed at rezoning. The property is surrounded by commercial
development. Residential development is across Rio Road from the property. A neighbor
across Rio Road has asked that limitations be placed on the hours of operation for the car
wash. The applicant has told staff that car wash operations are anticipated to occur during the
same hours that other businesses are open along this stretch of Rio Road. Staff, however,
does not believe that limited hours of operation would be appropriate at this location because
there are no limitations for other commercial uses along Rio Road. If the residential uses
abutted the car wash, staff would likely recommend that hours of operation be proffered.
Mixed commercial and residential areas as well as mixed uses within buildings should be
encouraged as land and energy-efficient developments, along with infill of existing
commercial areas. (Mixture of Uses and Centers)'The development provides for infill of an
existing commercial area; however, mi.xing a residential use with this use does not appear
appropriate here.
Commercial uses should locate in areas where public utilities and facilities are adequate to
support such uses. Upgrading and extension of roads, water, sewer, electrical, telephone,
natural gas systems, and community facilities should be considered in review of a
commercial rezoning request. Utilities are adequate to support this proposal.
STAFF COMMENT:
Relationship between the application and the purpose and intent of the requested
zoning district
The purpose and intent of the HC Zoning District is to permit development of commercial
establishments, other than shopping centers, primarily oriented to highway locations rather
than to central business concentrations. It is intended that HC districts be established on
major highways within the urban area and communities in the Comprehensive Plan. It is
further intended that this district limit sprawling strip commercial development by providing
sites with adequate frontage and depth to permit controlled access to public streets.
The east side of Rio Road in this area is all zoned C-1 Commercial. The purpose of the C-1
district is to permit selected retail sales, service and public use establishments which are
primarily oriented to central business concentrations. There are 25 permitted uses and
included in this list are department stores, pharmacies, furniture and home appliance sales
and service, funeral homes, indoor theaters, automobile service stations, and automobile &
truck repair shop (not including body shops). With the proffer for limiting the HC uses to an
automobile laundry (car wash), the only uses permitted will be those uses already permitted
in the C-1 district.
The applicant could have requested altematively that "automobile laundries" be added to the
list of by-right or special uses and not required the rezoning of the small parcel of property.
The applicant was advised that zoning text amendments can take a long time and be affected
by other issues. If the use were to be added by special use permit, a special use permit
application would then have to be reviewed. Rather than take this route, staff advised the
applicant that proffering out all HC uses other than the automobile laundry could more
quickly accomplish the same end if approved by the Board of Supervisors.
Public need and |ustification for the change
The public need for the proposed zoning change is to provide for full use of an existing
parcel in the Development Areas and provide a use that is similar to those surrounding it.
Anticipated impact on public facilities and services
Water and Sewer.-W-ater~and sewer~service.~is~available~to theproperty. -
Roads - Roads are adequate to handle the additional traffic to be generated by this use.
The applicant and staff both believe that much of the traffic to the site will come from
patrons of the Etna station adjoining this use and pass-by traffic along Rio Road.
6
Stormwater management - Stormwater management shown on the proffered plan meets
Engineering requirements for preliminary site plan approval.
Anticipated impact on natural, cultural, and historic resources
No impact is expected on natural, cultural and historic resources.
Anticipated impact on nearby and surrounding properties
Little impact is anticipated on nearby and sun'ounding properties except to the extent of the
increased traffic that will be associated with the proposed use..-ITE trip generation rates are
not reliable fOr this use because of a very small sample size. The trip generation rates,
however, show 108 v.p.d, on weekdays and 132 v.p.d, on Saturday. Most likely, the trips
will be from the Etna next door and pass-by traffic along Rio.
The impact of noise concerned a resident across the street who called and asked if there
would be limited hours of operation. The applicant indicated that most users of the facility
would do so in conjunction with the existing hours of operation of the convenience stores and
gasoline stations along this stretch of Rio Road.
Although staff sympathizes with the neighbor about noise, staffbelieves that the use would
be little different than an all-night gasoline station and convenience store with a drive-
through car wash, which is not restricted in the C-1 zone. Staff did not recommend limited
hours of operation.
SUMMARY:
Staffhas identified the following factors, which are favorable to this request:
1. The use is in keeping with both the general recommendations in the Comprehensive Plan.
2. Proffers will limit the use of this small site to a car wash and all other uses currently
permitted in the C-1 zone.
3. Architectural limitations ensure that the construction will be compatible with the existing
residences and commercial businesses near the site.
Staffhas identified the following factors, which are unfavorable to this request:
1. The rezoning of a small portion of a lot gives the appearance of spot zoning. Proffers to
limit the use to C-1 uses or a car wash help mitigate this appearance.
2. -A more..approp15ate,-way,to.:keep ,from havinffw split~zone~on ,a. singleparcel, would be to
request that car washes be added to the list of permitted or special uses in the C-1 district.
This process would likely have taken several months longer with a less certain outcome
due to the general application of the uses in the district.
3. If the Design Planner and the applicant cannot come to agreement on a "compatible
structure", for the site, then, it is possible that the applicant will ask for the proffer to be
removed or modified at a later date. To prevent this possibility, the applicant intends to
meet with the Design Planner at the earliest time, to plan for a building which provides
features compatible with the architecture of the area.
RECOMMENDED ACTION
Staff recommends approval of the rezoning with proffers with minor modification to the
wording of the fourth proffer. The proffers are attached to this report.
Petition for Approval of the Site Development Plan: The request is for preliminary site
plan approval for a 1300 square foot car wash on 0.6 acres zoned C-1 Commercial proposed
for rezoning to HC Highway Commercial]. The property, described as a portion of Tax Map
61 Parcel 147 is located in the Rio Magisterial District on Rio Road at the comer of Rio Road
and Gasoline Alley. The Comprehensive Plan designates this property as Neighborhood
Service in Neighborhood 2.
Staff Comments
Zoning - All preliminary site plan requirements have been met with the following
exceptions:
1. A critical slopes waiver is required for disturbance of the critical slopes on the parcel.
2. A waiver to allow for one-way circulation is required for the circulation shown.
3. Rezoning of the site to HC is required.
Final tentative approval from the Department of Building Code and Zoning Services will be
subject to the following conditions: (The following conditions are those that have been
identified at this time. Additional conditions may be added or eliminated based on further
review.)
1. [32.5.6(n)] Show the location of all outdoor lighting on the plan.
2. [32.6.6(j)] Provide a description and photograph or diagram and show the location of
each type of outdoor luminaire that emits 3,000 or more initial lumens. Please be aware
that installation of such luminaires in the future that are not shown on this plan shall
require an amendment to this plan.
3. [32.6.6(j)] [4.17.4(b)] Include a photometric plan on the site plan demonstrating that
parking area luminaires are in compliance with 4.17.4(b).
Engineering -- A critical slopes waiver has been requested for the development proposal.
Based on the preliminary site plan also received on May 11, 2001, the site has a total area of
0.64 acre. This includes an approximate critical slope area of 0.18 acres, which are about
28% of the site: ~Approximately 92% ~(0..12,acres) of critical slope ~a~ea,,on~the subject
property will be disturbed during construction. As stated in Section 18-4.2 of the Zoning
Ordinance, the following concerns must be addresSed before any critical slope waiver is
granted.
1. "movement of soil and rock" --Proper slope constTuction, control of drainage, and
vegetative stabilization will prevent any movement of soil. About two-thirds of the
reconstructed slopes will be 2:1.
2. "excessive stormwater runoff' -- A stormwater management plan that meets the
requirements of the Water Protection Ordinance must be submitted with the f'mal plans
for approval. A BMP/detention basin is proposed with the preliminary site plan. It is
located on critical slopes on the eastern portion of the site. Off-site runoff from Rio Road
and the adjoining gas station currently flows to this area. We therefore believe there is no
reasonable alternative location for the proposed SWM facility.
3. "siltation" -- Inspection and bonding by the County will ensure siltation control during
construction that meets state erosion control standards. Proposed stabilization and
maintenance will ensure long term stability.
4. "loss of aesthetic resource" -- Some aesthetic loss is expected from tree removal. This
area is located to the rear of the site.
5. "septic effluent"--This is not a concern, as this site will be served by public water and
sewer.
Based on the review above, the Engineering Deparunent recommends approval of the critical
slopes waiver with the condition that the 2:1 slopes be stabilized with low maintenance
vegetative ground cover. The vegetative cover must be a variety selected from Table 3.37-C
on page 111-391 of the Virginia Erosion and Sediment Control Handbook or an equal
approved by the Engineering Department.
All other requirements have been satisfactorily addressed and the Engineering Department
therefore recommends approval of the preliminary site plan. The following items must be
submitted with the final site plan for review by the Engineering Department.
1. An erosion control plan, narrative and computations. [18-32.7.4.3, 17-203]
2. A completed application and fee for erosion control and stormwater management. [17-
203, 17-303]
3. A stormwater management/BMP plan and computations. Computations must include
water quality, and detention routings for the 2yr and 10yr storms. [17-304]
4. A completed stormwater management facilities maintenance agreement and fee. [17-323]
5. Drainage computations. [18-32.7.4, Policy]
6. Retaining wall plans and computations certified by a professional engineer for walls that
are over 5 feet in height. [Policy]
VDOT approval will also be required for final site plans that affect right-of-way.
AC SA has. provided~p~'eliminary~-approval of,the site.plan~and~,their~ standard requirements for
final approval have been provided to the applicant.
Planning - A waiver request for one-way circulation has been made which staff supports for
this use. Interparcel access is provided appropriately. Adequate safety is provided with the
proposed layout of the development. Preliminary site plan approval can be granted with the
rezoning and two waivers. For fmal approval the following items are needed:
1. [32.6.3] A landscaping plan in accordance with Section 32.7.9 including screening of the
vacuum area;
2. Review and approval of any off-site easements; and
3. All other reviewing agencies approvals.
RECOMMENDATION
Staff recommends approval of the critical slopes waiver with the condition that the 2:1 slopes
be stabilized with low maintenance vegetative ground cover. The vegetative cover must be a
variety selected from Table 3.37-C on page Ili-391 of the Virginia Erosion and Sediment
Control Handbook or an equal approved by the Engineering Department.
Staff recommends approval of the waiver for one-way circulation as shown on the
preliminary site plan.
Staff recommends approval of the preliminary site plan with the conditions for final site plan
approval as stated above.
ATTACHMENTS:
Attachment A - Plan of Development entitled, "Preliminary Site Plan Rio Road Laser Wash"
Attachment B - Proffers dated September 24, 2001
Attachment C - Tax Map
Attachment D - Vicinity Map
Attachment E - Photos of proposed car wash
10
ATTACHMENT B
Sop 24 O1 04:21p
HasBpouck Real Estate
(804] 2S5-348B
Proffer Form
Original Proffer X
Amended P~off¢~--~
(Amendment ii ,,,
_, 0.6_ Acres to be rezoned fi'om _, _.~ to HC__
agent, hereby voluntarily proffers ~c conditions listed below which shall ~ -~Plied to the Pt~r~, if
r~zoned. "l'hesc conditions are proffered as a pa~ ~f fl~e requested r~onin ' '
rezonmg ~tself 8we~ ri~e to ~e need fo~ ,h .... ~;,; ............. g and it 1~ a~eed lhat; (!) th~
to the ~zo nine request ............ ,,~. ~.u tz/suca con~ttiong ~ve a reasonable relation
1. The property zoned H~ shall be lintited to tl~: a~ea 0fT&e pamel south of the' roposed zo~
l/ne" a~ shown on thc I reI/rninar~, ~,.. m ........ :., ......... 7 ~ i zing
W'ash" da~ed Augtlst 27, 2001. ~ .... -,,,,, ~.,..et~, rreanunary S~te Plan Rio Road Lnser Car
2. If thc area zoned HC is developed aa ali autonmttc laundry devclo rnem sba '
with the Preli 'no v .~i+,. m ..... ;.,~a .,. .. . -. ' p : , I be in gene~I accord
mi r. ....... ,, ~,,,,u~u, rrell~!Un~ry ~te Plan Rio Road Laser Car Wash", dated
Augttst 27, 2001.
By riehl of us,: area gourd HC shall be limited 1o 24.2.1 (1) au~omobih
pcrrrdtted by right ~ur~uanl to subsection 22.2 l ~'£seclion 22.1, CommerciaI C-I
as ~hose m§ulations exist on October 17, 2001 a copy of ~hich iS a~achcd hereto,
· - urea on ~c parcel to be rczoncd ~hall b~ lin~/cd to use~ pe~d by ~ecial Usc of
pur~uanrl 7, 2001,t°n copySeCti°nof 22.2.2,which isC~ereialanached hereto,C'l za.in8 dis~ict as lhose r~gUlations exiir m~ October
Architectural features shat[ be compatible wi~h the character of the connnercial and t~sldent/al
,nCmChn~ roots w~ndow.~ . . , fid!ne fot~l~ and element&
· , . , door, m~tcnals, col0}s, tex~re~ and ~cale Co
agreed upon, and m conjunction wi~ the Albe~ ,.-~- ~ .... ~ , ,_. , n~anbfltW shall be
OR
Signature of AAtonlcy-in-Fact
(Attach Proper Power of Attorney)
PrJllted Name of ,k ttomey-in-l~act
ATTACHMENT B
ALBEMARLE COUNTY CODE
Sections:
22.1
22.2
22.2.1
22.2.2
22.3
CHAPTER 18
ZONING
SECTION 22
COMMERCIAL - C-1
INTENT, WHERE PERMITTED
PERMITTED USES
BY RIGHT
BY SPECIAL USE PERMIT
ADDITIONAL REQUIREMENTS
22.1 INTENT, WHERE PERMITTED
C-1 districts are hereby created and may hereafter be established by amendment to the zoning map
to permit selected retail sales, service and public use establishments which are primarily oriented
to central business concentrations. It is intended that C-1 districts be established only within the
urban area, communities and villages in the comprehensive plan. (Amended 9-9-92)
22.2 PERMITTED USES
22.2. 1 BY RIGHT
The following uses shall be permitted in any C-1 district subject to the requirements and
limitations of these regulations. 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 34.0.
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).
18-22-1
Zoning Supplement #6, 12-30-99
ALBEMARLE COUNTY CODE
ATTACHMENT B
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.
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.
1 I. 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. (Amended 5-2-93)
18-22-2
Zoning Supplement #6, 12-30-99
ATTACHMENT B
ALBEMARLE COUNTY CODE
18.
19.
20.
21.
22.
23.
24.
25.
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 11-1-9)
Temporary construction uses (reference 5.1.1).
Dwellings (reference 5.1.21).
Medical center:
Automobile, track repair shop excluding body shop. (Added 6-3~81; Amended 9-9-92)
Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-6)
Indoor athletic facilities. (Added 9-15-93)
Farmers' market (reference 5.1.36). (Added 10-I 1-95)
22.2.2 BY SPECIAL USE PERMIT
1. Commercial recreation establishments including but not limited to amusement centers,
bowling alleys, pool halls and dance halls. (Amended I-1-83)
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.
3. Hospitals.
4. Fast food restaurant.
5. Veterinary office and hospital (reference 5.1.11).
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. Parking structures located wholly or partly above grade. (Added 11-7-4)
10. Drive-in windows serving or associated with permitted uses. (Added 11~7-84; Amended 9-9-
92)
ll.
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)
18-22-3
Zoning Supplement #5, 6-I 6-99
~6
ATTACHMENT
ALBEMARLE COUNTY CODE
13. Animal shelter (reference 5.1.11). (Added 6-16-99).
22.3 ADDITIONAL REQUIREMENTS
In addition To the requirements contained herein, the requirements of section 21.0, commercial
districts, generally, shall apply within all C-1 districts. (Amended 3-17-82; 7-10-85)
t 8-22-4
Zoning Supplement #5, 6-16-99
~7
ALBEMARLE
45
COUN'i,
ATTACHMENT C
OF
CH ARLO'TTES~ I LLE
CLACK dOUETT, RIVANNA AND
Rt 0 DISTRICTS
SECTION
AtJ / 2000
inning Dept.
RIO ROAD LASER WASH
SITE DATA:
OWNER OF RECORD
TAYLOR OIL COMPANY
P.O. BOX 5195
WINSTON-SALEM. NC27t~3
DEVELOPER
SN8, LLO
C/O SARA SCHROEDER
P,O BOX 5384
CHARLOTTESVILLE, VA BBB05
PLAN PREPARER
DOUGLAS R. BRUCE, L,$.
ROUDABUBH, GALE G ASSOC.
914 MONTICELLO RD
CHARLOTTESVILLE. VA BSOOB
TAX MAP OESIGNATION
TAX MAP 6I. PARCEL
CURRENT ZONING, OVERLAY DISTRICTS, WATERSHED
C-1 [COMMERCIAL).
DEVELOPMENT aREA.
AIRPORT IMPACT AREA OVERLAY DISTRICT.
SOUTH FORK RIVANNA WATERSHED.
PROPOSED REZONING (SOUTHERN PORTION ONLY)
HC (HIGHWAY COMMERCIAL) WITH USE oROFFER (ZMA 0i-004)
MAGISTERIAL OISTRICT
RIO MAGISTERIAL SISTRICT
VERTICAL DATUM
BASED ON ADJOINING "ETNA" SITE PLAN ,IBBE)
ONSITE BENCHMARK
TOP Of GRATE ON "ETNA" SITE (SEE SHEET
SOURCE OF TOPOGRAPHY
-OPOORAPHIC SURVEY PERFORMED
BY ROUOABUSH, GALE G ASSOC.
(SUPPLEMENTED WITH ADJOINING
BUILDING LOCATIONS CRON ACSA Toro)
SOURCE OF SURVEY
BOUNDARY SURVEY PERFORMED
BY nOUOABUSH, GALE ~ ASSOC
SETBACKS
(PER SECTION 18-2~.7)
MINIMUM STRUCTURE SETBACK
=ROM PUBLIC STREETS: 30'
MINIMUM PARKING ~ LOADING SPACE
SETBACK FROM PUBLIC STREETS:
PER SECTION 18-21.9)
SIDE ANO REAR SETBACKS ARE GOVERNEO
BY TABLE 40t FIRE RESISTANCE RATINGS OF
STRUCTURAL ELEMENTS OF THE BOCA BASIC
BUILDING CODE (CURRENT EOITION).
PROPOSED USE
AUTOMOBILE LAUNORY (AUTOMATIC, TWO-BAY)
WITH OUTDOOR VACUUM UNITS.
(NORTH PART OF SITE WILL CONTINUE TO BE ~ GAS STATION.)
LAND USE SCHEDULE
EXISTING % PROPOSED
SLOG/CANOPY 3, glo sf 7% 5,20B sf
PAVED t2.039 sf81% 23, 578 sf 41%
OPEN 4&,02! sf7B% 28. t90 sf 50%
TOTAL 56. 970 sf 100% 58. 970 sf 100%
MAXIMUM NUMBER OF EMPLOYEES
ONE (OCCASIONAL) PART-TIME EMPLOYEE
PARKING SCHEDULE
NUMBER OF SPACES ~EOUIRED:
(PER SILL FRITZ 4-03-2001
DEVELOPMENT PROCESS MANAGER)
NUMBER OF SPACES oROVIOED:
FLOOD ZONE
THE SUBJECT PROPERTY LIES [N FLOOD ZONE C.
"AREAS OF MINIMAL FLOOOING", AS SHOWN ON
FLOOD INSURANCE RATE HAP COMMUNITY PANEL
qUMBER 5100060230 B, DATED DECEMBER 16, 1980.
NOTES
ALL SIGNS WILL REQUIRE SEPARATE PERMITS UNDER 4.1~ OF THE
zo. ING ORDINA.OE
0 NOT SCALE THESE DRAWINGS! USE DIMENSIO~ ~gW~_g~R
~RING ANY DISCREPANCIES TO THE ATTENTIaN u~ ~ ~m~Fv ~L~
IT 15 THE CONTRACTOR S RESPONSIBILITY TO FIELD VER
DIMENSIONS,
IT IS THE CONTRACTOR"S RESPONSIBILITY TO FIELD VERIFY THE EXACT
LOCATION OF ALL EXISTING UTILITIES.
T E SP~LLOVER OF LIGHTIN~ FROM PARKING AREA LUMiNAIREB ONTO
o~S,~o okAY* ANO RRORERTY IN RES;OENTIAL OR RUR~L_~A~ .... ¢.
~ 5~CTS SHALL NOT EXCEEO ONE-BAL~ ~i/m ~uu, ~ .....
EQUIPPED WITH A LAMP wHICH EMITS 3, 000
EACH OUTg~9~.~pN~!l~ °HALL BE A FULL CUTOFF LUMiNAIRE OR A
DECORATIVE LUMIHAIRE WITH FULL CUTOFF 2PTICB.
~T~ PAWNS SPECZFICATIONS:
¢2tA AOOREGATE SASE MATERIAL
· TRASH REMOVAL: A DUMPSTER IS TO BE SITUATEO ON THE SITE AS SHOWN,
ALBEMARLE COUNTY ENGINEERING
GENERAL CONSTRUCTION NOTES FOR SITE PLANS
ublic right-of-waY, including connection to any existing road,
All traffic control signs shall conform with the Virqiniq
~'a~u~_-~-Un' form Traffic Control Devices.
GENERAL WATER ANO SEWER CONDITIONS
"M~sS Utiltity" (1-800-558-700t)-
ATTACHMENT A
VICINITY MAP
t" = 500'
DEPT. OF PLANNIN8
g coJa~UNITY OEV
0EPT, OF ENGINEERING
OEPT. OF ZONINB
ALBEMARLE COUNTY FI~E OFFICIAL
APPROVAL
VIRGINIA DEPT, OF HIGHHAYS
VIRGINIA OEPT. OF H~ALTH
DATE
MAY 7, 2001
L
11
_ . ,
~ GETTY ~. ANDERSON
, DB 8£9. p.637 (p,639 plat)
,
',,, -.--. ,~ ,,~ x~.,,., ,, ~. ~, S ~ ~:" ~:~~~~!~~' '"~ '~' "' "~
..,...,,...,, ',~/I
', ~ ~
..... ~ , ',, ~ /
12
x 45(
ATTACHMENT D
NBRI
× 4.55.
SNB CAR WASH
ZMA- 01- 04
; OtV:U
0 200 400 600 800 1000 FEET
1": 400'
MEMORANDUM
To:
From:
Subj~t:
Date:
Amelia McCulley, Zoning Administrator
Wayne Cilimberg, Director, Planning and Development
Mark Graham, Director of Engineering and/P~c Works
Laurel Bentley, CMC, Senior Deputy Clefl[~
Board Meeting of October 17. 2001 ~
October 24, 2001
I've attached the Zoning Ordinance Amendments ZTA~2001-003 Building Site Area and
Dimensions, ZTA-2001-012 Wireless, and ZTA-2001-013 Outdoor Lighting, which were adopted by
the Board at its October 17, 2001 meeting. By copy of this memorandum, I've advised the County
Attorney that they should be included in the next update of the County Code.
Thank you.
Cc: Marsha Davis
Attachments: 3
ORDINANCE biO. 01-18(7)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, 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 II, Basic Regulations, is hereby mended and reordained as follows:
By Amending:
Sec. 4.2.2
See. 4.2.3
Sec. 4.2.6
Area regulations
Location of structures and improvements
Exemptions
Chapter 18. Zoning
Article IL Basic Regulations
Sec~ 4.2.2 Building site area and dimensions
Each building site shall be subject to the following minimum area and dimension requirements:
a. Uses not served by a public or central sewerage system. Building sites for uses not served by a
public or central sewerage system shall be subject to the following:
1. Dwelling units. Each building site for a dwelling unit shall have an area of thirty
thousand (30,000) square feet or greater and shall be of such dimensions that no one dimension exceeds any other by
a ratio of more than five (5) to one (1) as described by a rectangle inscribed within the building site. The builclin4g
site shall have adequate area for locating two (2) septic drain fields approved by the Virginia Department of Health
pursuant to section 4.1 of this chapter.
2. Development subject to section 32 of this chapter. Each building site in a development
subject to section 32 of this chapter shall have an area of thirty thousand 00,000) square feet or greater and shall be
of such dimensions that no one dimension exceeds any other by a ratio of more than five (5) to one (1) as described
by a rectangle inscribed within the building site. The building site shall have adequate area for all buildings and
structures, two (2) septic drain fields approved by the Virginia Department of Health pursuant to section 4.1 of this
chapter, parking and loading areas, storage yards and other improvements, and all earth disturbing activity related to
the improvements.
3. Modification or waiver. Notwithstanding section 4.2.5 of this chapter, the director of
planning and community development may modify or waive the rectangular shape required by subsections (1) and
(2) if; after receiving the recommendation t?om the Virginia Department of Health, the director of planning and
community development finds, based on information provided by the developer, that: (i) the parcel has an unusual
size, topography, shape, location or other unusual physical condition; (ii) no reasonable alternative building site
exists; and (iii) modifying or waiving the rectangular shape would result in less degradation of the parcel or adjacent
parcels than if those dimensions were adhered to.
4. Appeal. A developer may appeal the denial of a modification or waiver to the planning
commission and, thereafter, to the board of supervisors, pursuant to section 4.2.5.
b. Uses served by a central sewerage system. Building sites for uses served by a central sewerage
system shall be demonstrated by the applicant to have adequate area, as follows:
1. Residential development. Each building site in a residential development shall have
adequate area for all dwelling unit(s) together with an area equivalent to the sum of the applicable required yard
areas for the applicable zoning district and, if parking is provided in bays, the parking area.
2. Development subject to section 32 of this chapter. Each buildin~ s's's~e in a development
subject to section 32 of this chapter shall have adequate area for all structures, parking and loaiting areas, storage
yards and other improvements, and all earth disturbing activity related to the improvements.
Sec~ 4.2.3 Location of structures and improvements
Except as otherwise permitted pursuant to section 4.2.2, the provisions of this section shall apply to the
location of any structure for which a permit is required under the Uniform Statewide Building Code and to any
improvement shown on a site development plan pursuant to section 32.-0 of this chapter. (Amended 11-15-89)
Sec. 4.2.6 Exemptions
A lot, structure, or improvement may be exempt from the requirements of section 4.2 as provided herein:
a. Any structure which was lawfully in existence prior to the effective date of this chapter and which
is nonconforming solely on the basis of the requirements of section 4.2, may be expanded, enlarged, extended,
modified and/or reconstructed as though such structure were a conforming structure. For the purposes of this
section, the term "Iawfially in existence" shall also apply to any structure for which a site development plan was
approved or a building permit was issued prior to the effective date of this chapter,, provided such plan or permit has
not expired.
b. Any lot or parcel, of record which was lawflffiy a lot of record on the effective date of this chapter
shall be exempt from the requirements of section 4.2 for the establishment of the first single-family detached
dwelling unit on such lot or parcel; provided that section 4.2.3.2 shall apply to such lot or parcel if it contains
adequate land area in slopes of less than twenty-five (25) percent for the location of such structure. For the purposes
of this section a manufactured home shall be deemed a single-family detached dwelling unit.
c. Accessways, public utility lines and appurtenances, stormwater management facilities, and any
other public facilities necessary to allow the use of the parcel shall not be required to be located within a building
site and shall not be subject to the requirements of this section 4.2.2, provided that the applicant demonstrates that
no reasonable alternative location or ali~ment exists. The county engineer shall require that protective and
restorative measures be installed and maintained as deemed necessary to insure that the development will be
consistent with the intent of section 4.2 of this chapter.
I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of 6 to 0, as recorded below, at a
regular meeting held on October 17, 2001. ~~-'ff-,-(~~5~-~
Clerk, Board of County Supervis, ors\
Aye Nay
Mi'. Bowerman x
Ms. Humphris x
Mr. Martin x
Mr. Perkins x
Ms. Thomas x
2
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
ELAINE K. ECHOLS, AICP
WAYNE CILIMBERG
AUGUST 14, 2001
OCTOBER 17, 2001
This report has been modified from the original report provided to the Planning
Commission to reflect additional information regarding this amendment and
provide clarity as to the intent of this amendment The attached text amendment has
also been modified to reflect the intent of this amendment as recommended by the
Planning Commission.
ZTA 01-03 Modifications to Area Regulations, Location of Structures, and
Improvements
Origin and Description of Request: In an effort to make more efficient use of the Planning
Commission' s time related to waivers of lot requirements in both the Development Areas and the
Rural Areas, staff has proposed this ordinance amendment. If approved by the Board, the
modification would provide administrative approval for an item that now requires Planning
Commission approval and which is routinely approved. The Planning Commission approved a
resolution of intent to make this change on February 13, 2001. This amendment is one of several
"housekeeping items" being proposed by staff and reviewed by the Planning Commission and
Board of Supervisors.
Justification for the Request: For uses not served by public water or central sewage, the zoning
ordinance requires a minimum 30,000 square foot building site that "shall be of such dimensions
that no one dimension exceeds any other by a ratio of more than 5 to 1 as described by a
rectangle inscribed within the building site."
Our current building site regulations stem from historical septic system constraints. The literal
requirement noted above mandates a building site of a specific shape and dimensions, outside of
critical slopes, in which all the necessary elements of a building site can be positioned. Current
septic system installation practice, though, allows for different "planes" on which drainfields may
be installed to reflect topographical constraints encountered from time to time. Therefore, the literal
rectangular shape called for by the above noted provisions is not always necessary. Relief from this
shape requirement is currently available only through the Planning Commission.
This text amendment also proposes more clear-cut criteria for waivers than are currently
available to the Commission. The amendment adds requirements for Health and Engineering
Department approvals and applicant verification that no alternative legal building sites exist.
Only a change in the rectangular shape requirements is being proposed by this amendment.
Building sites within which are contained critical slopes, flood plain, water impoundment
buffers, or resource protection areas would still require Commission approval.
Description of staff Mo~
1. Provide that the Direc
building site rectangul
2. Provide criteria for
rendering such a deci~,
a. the parcel has
condition, ant
b. no reasonable
c. modifying or
parcel or adja
3. Provide for appeal of
to the Planning Corm
4. Clarify how exempti,
5. Consolidate identical
RECOMMENDATIOt~
Comprehensive Plan'[ '[
Development Area lots.
The Comprehensive Pla
water supply, natural, sc,
not anticipated to be in c
which do not meet the m
under new, more stringe:
not believe that the prop
because it merely chang~
to staff.
The Development Area
within the boundaries ol
the Development Areas.
with public water and se
[ifications: Staff developed the attached zoning ordinance changes to:
:or of Planning and Community Development modify or waive the
ar shape requirements.
Director of Planning and Community Development to consider when
ton. These criteria are:
an unusual size, topography, shape, location; or other unusual physical
~lternative building site exists, and
~vaiving the shape requirement would result in less degradation of the
:ent parcels than if those dimensions were adhered to.
he decision of the Director of Planning and Community DeveloPment
fission and thereafter to the Board of Supervisors.
ns from these regulations take place.
sections relating to exemptions.
': Staff recommends approval of the text amendments as written.
he proposed amendment affects both Rural Area and
n most instances the requests are made for Rural Area lots.
s goals for the Rural Areas are to protect agricultural, forestry,
mic, historic and cultural resources. The proposed amendment is
onflict with the Rural Area goals because proposed building sites
inimum requirements of the zoning ordinance will be analyzed
~t criteria without utilizing valuable Commission time. Staff does
>sed amendment will encourage development in the Rural Areas
:s the focus of routinely approved waivers from the'Commission
;oals are to promote residential, commercial, and industrial development
'the Development Areas. Public water and sewer service is expected in
For this reason, where the waivers occur, the land will likely be served
wer in the future, so no long-term effects are anticipated.
SUMMARY:
Staff has identified the following factors which are favorable to this request:
More stringent waiver criteria will force comprehensive administrative review of waiver
requests in the Rural Areas.
As ministerial acts, administrative waivers will free up valuable staff and Commission time
which is now being used in preparing reports and taking action on the waivers.
Staff has identified the following factor which may be unfavorable to this request:
1. Approval of building sites that do not meet the rectangular shape criteria could theoretically
result in the platting of a few more lots in the Rural Areas. This situation could occur if
modifications to the rectangular shape criteria allow for building sites on land which would
otherwise not be available for development. However, based on the Commission's history- of
approvals and the strict criteria set forth in this amendment, future approvals under this
amendment shOuld be consistent with Planning Commission actions to date.
RECOMMENDED ACTION
Staff recommends approval of the text amendments as proposed in Attachments A.
ATTACHMENTS:
ATTACHMENT A:
Ordinance No. 01-03 ~To amend the Basic Regulations Relative to
Building Site Area and Dimensions, Location of Structures and
Improvements, and Exemptions
AN ORDINANCE TO AN
REGULATIONS, OF THE
BE IT ORDAINED By the
Chapter 18, Zoning, Article
By Amending:
Sec. 4.2.2 Area regul,'
Sec. 4.2.3 Location of
Sec. 4.2.6 Exemption',
scpt:c ........
Draft: 10/09/01
ATTACHMENT A
ORDINANCE NO. 01-18( )
:~ND CHAPTER 18, ZONING, ARTICLE II, BASIC
CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
Board of Supervisors of the County of Albemarle, Virginia. that
II, Basic Regulations, is hereby amended and reordained as follows:
ons
;trucmres and improvements
ChaPter 18. Zoning
Article II. Basic Regulations
Draft: 10/09/01
ATTACHMENT A
4.2.2.2 Fcra
..... 4~; .... kM1 not apply
These ~ ................
15 89)
Sec. 4.2.2 Building site area and dimensions
Each building site shall be subiect to the following minimum area and dimension
a. Uses not served by a public or central sewera.ge system. Building sites for uses
not served by a public or central sewerage system shall be subject to the following'._
1. Dwelling units. Each building site for a dwelling unit shall have an area of
thirty thousand (30,000) square feet or greater and shall be of such dimensions that no one
dimension exceeds any other by a ratio of more than five (5') to one (1) as described by a
rectangle inscribed within the building site. The building site shall have adequate area t0r
locating two (2) septic drain fields approved by the Virginia Department of Health pursuant to
section 4.1 of this chapter.
2. Development sub/ect to section 32 Of this chapter. Each building site in a
development subiect to section 32 of this chapter shall have an area of thirty thousand (30,000)
square feet or greater and shall be of such dimensions that no one dimension exceeds any othm
by a ratio of more than five (5) to one (1) as described by a rectangle inscribed within the.
building site. The building site shall have adequate area for all buildings and structures, two (2)
septic drain fields approved by the Virginia Department of Health pursuant to section 4.1 of this
chapter, parking and loading areas, storage yards and other improvements, and all earth
disturbing activity related to the improvements.
3. Modification or waiver. Notwithstanding section 4.2.5 of this chapter, the
director of planning and community development may modify or waive the rectangular shape
required by subsections (I) and (2) if, after receiving the recommendation from the Virginia
Deparunent of Health, the director of planning and community development finds, based on
5
Draft: 10/09/01
ATTACHMENT A
dcquatc area for ~.e proposed dcvelcpmeh~
.
:~rea and dimensions
~~ shall be sub'act to ~e follo~n minimum ~ea ~d dimension
requiremems:' (R~e~,~a3 ~0-~0~
a. Uses,nof , ~erved bY a p~Sfic or central sewerage s~ste~. Building skes for use__ s
not se~ed by a public o~ cen~al sewerage system shall be subject to the following:. ~m~
1. D wellin~ units. Each buildin~ site for a dwelling ~k sh~l have an ~ea of'
s eater ~d shall be of such dimensions thru_ no one
~ >theru~eb feet. a ratio°r of more ~an five 5 to one 1 as described b a '-
~~thtn the buildin site. The buildin site shall have ade uate ~ea for
loca~min fields a roved bv the Vir inia De ~ent ofHeal~ ' ~su~t ti
~2. ~ ~evelO ment sub 'ect to section 32, o this chater. Each buildin site in a
section 32 of~is cha ter shall have ~ ~ea of thin thous~d 30 000
develo: ,men~ect to:
s-m~~ eater al~d shall be of such dimensions t at no one dimension exceeds an other
~h~, [ve 5 to one 1 as described b a rect~ le inscribed within the
buil~m site. The buili a ske shall have ade uate area for all buildin s ~d structures two 2
~ ~ved b ~e Vir inia De mment of He~ ursu~t to section 4__ 1 of thi__
. ~~n~s ~d ~1[
~laJ.ed to the improvements,. ( ~ u-t~n j t, .....
' ' ~odi tcation or waiver. Notwithstandin section 4.2.5 o~
director of plannina an t comm~itv development may modify or waive the rect~~
~~ r~n~afion ~om ~e Vir~
m~~. subsectio~ ~
~ealth, the director of l~in ~d co~uni develo ~ent finds based on
5
TheSe prcv:s:cns
Sec. 4.2.2 Building site
Draft: 10/09/01
ATTACHMENT A
c. Accessways, public utility, lines and alSlS~tirtenances, stormwater management
facilities, and any other public facilities necessary to allow the use of the parcel shall not be
required to be located within a building site and shall not be subject to the requirements o£ this
section 4.2.2, provided that the applicant demonstrates that no reasonable alternative location ox
alignment exists. The county engineer shall require that protective and restorative measures be_
installed and maintained as deemed necessary, to insure that the development will be consistent
with the intent of section 4.2 of this chapter_.
1, Ella W. Carey, 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, bv a vote of
to , as recorded below, at a regular meeting held on
Clerk, Board of County Supervisors
Aye Nay
Mr. Bowerman
Mr. Dorrier
Ms. Humphris
Mr. Martin
Mr. Perkins
Ms. Thomas
7
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZTA 2001-012, Personal Wireless Service Facilities
SUBJECT/PROPOSAL/REQUEST;
Amend the Zoning Ordinance by adding one new definition
and One new set of SuPplemental Regulations for Personal
Wireless Service Facilities
STAFF CONTACT(S):
Messrs. Tucker, Foley, Kamptner, Ms. Sprinkle
AGENDA DATE:
October 17, 2001
ACTION: Yes
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
REVIEWED BY:
BACKGROUND:
ITEM NUMBER:
INFORMATION:
INFORMATION:
Yes
The Personal Wireless Service Facilities Policy (the "Policy") was adopted by the Board of Supervisors on December 6,
2000. The Planning Commission passed a resolution of intent to amend the Zoning Ordinance to reflect the Policy on
February 13,' 2001. (Attachment A.) The Planning Commission heard this proposal in both August and September and has
made several recommendations different from the staff proposal, which are incorporated into the proposed ordinance.
(Attachment B.)
PUBLIC PURPOSE TO BE SERVED: This amendment is designed to implement the Policy which will allow the Planning
Commission and staff to have disCretion on tower location and design during the normal course of review of special use
permits or building permits rather than requiring a separate variance procedure to change the required setbacks through the
Board of Zoning Appeals.
DISCUSSION: "
The zoning text amendments to effect this portion of the Comprehensive Plan are considered necessary. The purpose of'-~,
this amendment is to remove the setbacks of the individual zoning districts and to allow the by right addition of Certain
antenna to certain existing structures. Staff is also working on the more substantial aspects of the Policy and will preSent~
Phase II of the text necessary to implement the Tier system of review in the near future.
Description of Proposed Modifications: Staff developed the attached zoning ordinance changes to:
· Add the definition of a personal wireless service facility,
· Exempt all tower structures from the "area and bulk" and "minimum yard" setback regulations of all Zoning districts;
· Add administrative approval of a reduction of the "height-to-property line" setbacks of section 4.10 when an easement on
the adjacent property is obtained;
· Permit the installation of antennae by right in certain cases; and,
· Add regulations for the installations of antennae by dght that are comparable to what is currently required in special use
permit conditions.
By adding the definition of a personal wire/ess service facility, the Phase II text that will establish the Tier system of tower
review that is recommended in the Policy will be simplified. The definition simply notes that any facility that is subject to the
Telecommunications Act of 1996 will come under an existing use (microwave and radio-wave transmission and relay towers,
sUbstations and appurtenances) in the Zoning Ordinance that is allowed by special use permit in all zoning districts.
There are two distinct sets of setbacks that currently apply to towers. The first are found in every zoning district. Those
generally include a "front" setback from public and private roads or access easements, and then side and rear setbacks from
the property lines or residential and rural area zoning districts. This ZTA proposes to exempt towers from those district
regulations only. By removing the district setbacks for all tower sites, the recurring variances currently heard by the Board of
AGENDA TITLE: ZTA 2001-012, Personal Wireless Service Facilities
AGENDA DATE: October 17, 2001
Page 2 of 2
Zoning Appeals are eliminated. The setbacks related to the height of the structure will remain with one change as explained
in the proceeding paragraph.
The second setback currently applicable to towers comes from Section 4.10, Height of Buildings and Other Structures.
Section 4.10.3.1 states in part:
a. The height limitations of this chapter shaft not apply to bams, silos, farm buildings, agricultural museums
designed to appear as traditional farm buildings, residential chimneys, spires, flag poles, monuments,
transmission towers and cables, smokestacks, water tanks, or radio or television antennas or towers.
b. Any structure identified in subsection (a), other than one now or hereafter located on an existing public utility
easement, shaft not: (1) be located closer in distance to any lot line than the height of the structure, and (2)
within a residential district, exceed one hundred (~00) feet in height, except for telecommunications facilities
owned or operated in whole or in part by the County, which shall not exceed one hundred fifteen (1~5) feet in
height.
Currently, Section 4.10.3.1(c) gives authority to the Planning Commission to modify or waive either requirement of
subsection (b) and to stipulate conditions of approval in an individual case if it determines that the public health, safety or
welfare would be equally or better served by the modification or waiver.
This amendment will enable the Director of Planning and Community Development to modify the setback required by
4.10.3.1(b) IF an easement is obtained to protect the adjacent property. If no easement is obtained, the applicant may still
request a waiver or modification from the Planning Commission.
In the proposed Section 5.1.40(b)(6), antennae installations that are added to existing structures, such as buildings or water
tanks, and meet certain criteria will be exempted from the special use permit requirement and will be permitted by right. In
the text (Attachment B), the Planning Commission recommendation does not permit by-right additions to existing towers and
poles. The Planning Commission favors requiring special use permit review for co-locations on towers and poles. The
procedure recommended by staff would permit by right all co-locations that meet the criteria (flush mounted panels, whip
antennae, do not exceed the existing height, etc.). This recommended procedure follows the adopted wireless policy by
giving incentive to wireless providers who choose to add to existing towers, poles or structures such as buildings or water
tanks.
Section 5.1.40(c) reflects the standard conditions currently being imposed in special use permit approvals for towers. These
conditions will be applicable to those antennae additions permitted by right. Building permit review will insure that the
regulations are met.
When the Phase II text is proposed, any or all of this may change.
Administration / Review Process: The proposed amendments will put all wireless service review into a single process
eliminating the variance process currently needed on many tower requests.
Housing Affordability: There will be no effect on housing affordability.
Implications to Staffing / Staffing Costs: The proposed amendments will reduce staff time and costs in the Zoning
Department since there will be fewer variances. Current practice requires the Planning staff to identify the need for variances
and then coordinate with Zoning. Therefore, review time will be reduced in both departments.
RECOMMENDATION:
Staff recommends approval of ZTA-2001-12 as proposed in Attachment B with the following revision to section 5.1.40(b)(6):
A facility, other than a microwave dish, attached to an existing structure which does not exceed the height of the.
existing structure and is fln.qh mounted to the structure, .qhall be permitted as a by right use; provided, however, it shall
be subject to all applicable regulations applying to the existing structure and to the regulations set forth in subsection
5.1.40(c).
01.195
RESOLUTION OF INTENT
WHEREAS, on December 6, 2000, the Albemarle County Board of Supervisors adopted
the Personal Wireless Service Facilities Policy (the "Policy") as part of the County'S
Comprehensive Plan; and
WHEREAS, the Policy establishes policies and guidelines for the review o£personal
wireless facility applications, and recommends that the Zoning Ordinance be amended to
establish procedural regulations governing the submittal and review of applications for personal
wireless facihties, and substantive regulations pertaining to their siting, locating and design
(including their size, height and bulk).
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 as described
herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public
hearing on this resolution of intent, and make its recommendations to the Board of Supervisors at
the Earliest possible date.
Draft: 10/02/01
Attachment B
(a~
The location and dimensions of all proposed improvements, including the maximum
height above ground of the facility (also identified in height above sea level.).
,Co)
The design of the facility, including the specific:type of support structure anrl the desi~.
.type, location, size, height and configuration of all proposed antenna.q and other
equipment.
lc)
Except where the facility would be attached to an existing structure, the topography
within two thousand (2,000) feet of the proposed facility, in contour intervals not to
exceed ten (10) feet.
The height of all trees within fifty. (50) feet of any proposed monopole or tower relied
upon to establish the proposed height and/or screening of the monopole or tower
(e) All existing and proposed setbacks, parking, fencing and landscaping.
(fl The location and design of all proposed accessways.
Except where the facility would be attached to an existing structure, residential structures.
residential and rural areas zoning district boundaries, agricultural and forestal district
boundaries and parcels subiect to conservation easements within two thousand (2,000)
feet of the facfli .ty.
(h) The. proximity of the faciliw to commercial and private airports.
5. Photographs of the site.
For any proposed monopole or tower, photographs taken of a balloon test, which shall be
conducted as follows:
(a)
The applicant shall contact the department of planning and community development
within t~. (30) 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 sixty
(60) days after the date the application was submitted, and the applicant shall provide the
department 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
department.
Co)
The test shall consist of raising one or more balloons from the site to a height equal to the
proposed facility.
(c) The balloons shall be of a color or material/hat provides maximum visibility.
(d)
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 balloon is visible, and other properties and locations as deemed appropriate by the
director of planning and community development. The applicant shall idenfi~ the
camera .type, film size, and focal length of the lens for each photograph.
General regulations: Except as otherwise provided in this paragraph, each facility ~hall be subject to all
applicable regulations in this chapter.
Notwithstanding section 4.2.3.1 of this chapter, a facility may be located in an area on a lot or
parcel other than a building site.
Notwithstanding section 4.10.3. l(b) of this chapter, the d/rector of planning and community
development may authorize a facility to be located closer in distance than the height of the
structure to any lot line if the applicant obtains an easement acceptable to the county attorney
prohibiting development on the part of the abutting lot sharing the common lot line that is within
2
Draft: 10/02/01
Attachment B
ORO~A~C~ NO. 01-1S( )
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, of the Code of the County of Albemarle are
amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
By Adding:
Sec. 5.1.40 Personal wireless service facilities
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
Personal wireless servicefaciIi.tv: 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
(PCS,), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), and unlicensed wireless
services and common carrier wireless exchange access services. The use identified in this chapter as "microwave
and radio-wave transmission and relay towers, substations and appurtenances" includes personal wireless service
facilities.
Article H. Basic Regulations
Sec. 5.1.40 Personal wireless service facilities
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:
Application for approval: Each request for approval of a personal wireless service facility shall include the
following information:
A coinpleted application form, signed by the owner, the owner's agent or the contract purchaser.
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.
A recorded plat or recorded boundary survey of the parcel on which the facility will be located;
provide& 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.
The identity of the owner of the parcel and, if the owner is other than a real person, the complete
legal hame'of the entity., a description of the .type of entity, and written documentation that the
person si~.ning on behalf of the entity is authorized to do so.
Except where the facilit-v will be located entirely within an existing structure, a scaled plan and a
scaled elevation view and other supporting drawings, calculations, and other documentation
required by the director ofplannin.~ and communi .ty development, simaed and sealed by an
appropriate licensed professional. The plan.q and Supporting drawings, calculations and
documentation shall show:
Draft: 10/02/01
Attachment B
the facili .ty's fall zone (e.~r., the setback of an eighty (80) fooM~ll facility could be reduced to
thirty. (.30) feet if an easement is established prohibiting development on the abutting lot w/thin a
fifty (50) foot fall zone).
The area and bulk regulations or minimum yard requirements ofthe zoning district in which the
facility will be located shall not apply.
4. Notwithstanding section 4:11 of this chapter, a facility may be located in a required yard
Notwithstandin.. g section 32 2 of thi~ chapter, a site. . p lan shall notbe re~ qu ired 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 director of
planning and community development to determine whether the facility complies with section 32.
In making this determination, the director may impose reasonable conditions authorized by section
32 in order to assure compliance.
A facility, other than a microwave dish~ attached to an existing structure other than a tower or pole
and which does not exceed the height of the existinE structure and is flush mounted to the
structure, shall be permitted as a by right use; provide& however, it shall be subject to all
applicable regulations applying to the existing structure and to.the regulations set forth in
subsection 5.1.40(c).
A facili .ty located entirely w/thin an existing building shall be permitted as a by right use;
provided, however, it shall be subject to all applicable regulations applying to the building. Such a
by right use facility may include a self-contained shelter or cabinet not located within a building if
it is screened from public view or a whip antennae less than six (6) inches in diameter which
exceeds the height of the existing building.
Regulations applicable to a facili~, attached to an existing structure. A by right use facility described in
subsection 5.1.40(b)(6) shall be installed and operated subject to the following regulations:
The facili .ty shall be designed, constructed and maintained as follows: (i) guy wires shall not be
permitted; (ii) outdoor lighting for the facility ghall 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; (iii) any equipment cabinet not located within the existing structure
shall be screened from public view; (iv) a whip antenna less than six (6) inches in diameter may
exceed the height of the existing structure; (v) a grounding rod, whose height ~hall not exceed ~vo
feet and whose width shall not exceed one-inch in diameter at the base and tapering to a point~
may be installed at the top of facility or the structure; and (vi) w/thin one month after the
completion of the installation of the facility, the applicant shall provide a statement to the
department of planning and community development certifying that the height of all componenm
of the facility complies with this regulation.
Equipment shall be attached to the structure only as follows: (i) the total m~mber ofantenna~
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 s/ze shown on the application; (ii) only
flush mounted antennas shall be permitted; no antenna shall proiect from the structure beyond the
minimum required by the mounting equipment, and in no case shall an antenna project more than
twelve (12) inches from the existing structure; and (iii) each antenna and associated equipment
shall be a color that matches the existing structure. '
Prior to beginning construction or installation of any equipment cabinet not located within the
existing structure, or installation of access for vehicles or utilities, a tree conservation plan~
developed by a certified arborist, speci .lying tree protection methods and procedures, and
identifying any existing trees to be removed on the site both inside and outside the access
easement and lease area shall be submitted to the director of planning and community
development for approval. All construction or installations associated with the equipment cabinet.
including necessary, access for construction or installation, shall be in accordance with this tree,
conservation plan. Except for the tree removal expressly authorized by the director, the applicant
Draft: 10/02/01
Attachment B
shall not remove existing trees within two hundred (200) feet of the lease area, or the vehicular or
ess.
The facili .ty shall be disassembled and removed ~om the site within nine .ty (90) days of the date it4.
use for wireless telecommunications purposes is discontinued.
The applicant shall submit a report to the zonin.~ admini~qtrator by July 1 of each year. The report
.qhall identi~ each user of the existing stmcture that is a wireless telecommunications service
provider.
No slopes associated with construction of the facility and 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.
7. The regulations in section 5.1.12(a), (b) and (c) of this chapter shall apply.
Any equipment cabinet not located within the existinE stmcture shall be: (i) fenced only with the
approval of the director ofplannin~ and community development; (ii) screened from all lot lines
either by the terrain, existing structures, existing vegetation, or by added vegetation approved by
the department ofplanning and communiW development's landscape planner.
I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of an Ordinance duly adopted by
the Board of Supervisors of Albemarle County, Virginia, by a vote of __
regular meeting held on
to , as recorded below, at a
Mr. Bowerman
Mr. Dorrier
Ms. Humphris
Mr. Martin
Mr. Perkins
Ms. Thomas
Aye Nay
Clerk, Board of County Supervisors
4
ORO~NANCE NO. oMs(9)
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 ofthe County of Albemarle, Virginia, that Chapter 18, Zoning,
Article I, General Provisions, and Article II, Basic Regulations, of the Code of the County of Albemarle are
amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
By Adding:
Sec. 5.1.40 Personal wireless service facilities
Chapter 18. Zoning
Artide L General Provisions
See. 3.1 Definitions
Personal wireless service facility: A facility for the provision of personal wireless services, as defined by 47 U.S.C.
§ 332 (Section 704 of the Telecommunications Act of 1996), including those Federal Communications Commission
licensed commercial wireless telecommunications services such as cellular, personal communications services
(PCS), specialized mobite radio (SMR), enhanced specialized mobile radio 0~SMR), and tmlicensed wireless
services and common carrier wireless exchange access services. The use identified in this chapter as "microwave
and radio-wave transmission and relay towers, substations and appurtenances" includes personal wireless service
facilities.
Artide IL Basic Regulations
Sec. 5.1.40 Personal wireless service facilities
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:
Application for approval: Each request for approval of a personal wireless service facility shall include the
following information:
A completed application form, signed by the owner, the owner's agent or the contract purchaser.
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.
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.
o
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 that the
person signing on behalf of the entity is authorized to do so.
Except where the facility will be located entirely within an existing structure, a scaled plan and a
scaled elevation view and other supporting drawings, calculations, and other documentation
required by the director of planning and community development, signed and sealed by an
appropriate licensed professional. The plans and supporting drawings, calculations and
docmentation shall show:
(a)
The location and dimensions of all proposed improvements, including the maximum
height above ground of the facility (also identified in height above sea level).
The design of the facility, including the specific type of support structure and the design,
type, location, size, height and configuration of all proposed antennas and other
equipment.
Except where the facility would be attached to an existing structure, the topography
within two thousand (2,000) feet of the proposed facility, in contour intervals not to
exceed ten (10) feet.
The height of all trees within fifty (50) feet of any proposed monopole or tower relied
upon to establish the proposed height and/or screening of the monopole or tower
(e) All existing and proposed setbacks, parking~ fencing and landscaping.
(f) The location and design of all proposed accessways.
Except where the facility would be attached to an existing structure, residential structures,
residential and rural areas zoning district boundaries, agricultural and forestal district
boundaries and parcels subject to conservation easements within two thousand (2,000)
feet ofthe facility.
(h) The proximity of the facility to commercial and private airports.
5. Photographs of the site.
For any proposed monopole or tower, photographs taken ora balloon test, which shall be
conducted as follows:
The applicant shall contact the department of planning and community development
within thirty (30) 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 sixty
(60) days after the date the application was submitted, and the applicant shall provide the
department 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
department.
The test shall consist of raising one or more balloons from the site to a height equal to the
proposed facility.
(c) The balloons shall be of a color or material that provides maximum visibility,
(d)
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 l~om which
the balloon is visible, and other properties and locations as deemed appropriate by the
director ofplarming and community development. The applieant shall identify the
camera type, film size, and focal length of the lens for each photograph.
General regulations: Except as otherwise provided in this paragraph, each facility shall be subject to ail
applicable regulations in this chapter.
Notwithstanding section 4.2.3. I of this chapter, a facility may be located in an area on a lot or
parcel other than a building site.
Notwithstanding section 4.10.3.1(b) of this chapter, the director ofplanningand community
development may authorize a thcility to be located closer in distance than the height of the
structure to any lot line if the applicant obtains an easement acceptable to the county attorney
prch~iting development on the part of the abutting lot sharing the common lot line that is within
2
the facility's fall zone (e.g., the setback of an eighty (80) foot-tall facility could be reduced to
thirty 00) feet if an easement is established prohibiting development on the abutting lot within a
fifty (50) foot fall zone).
The area and bulk regulations or minimum yard requirements of the zoning district in which the
facility will be Iocated shall not apply.
4. Notwithstanding section 4.11 of this chapter, a facility may be located in a required yard.
Notwithstanding section 32.2 ofthis 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 director of
planning and community development to determine whether the facility complies with section 32.
In making this determination, the director may impose reasonable conditions authorized by section
32 in order to assure compliance.
A facility, other than a microwave dish, attached to an existing structure and which does not
exceed the height of the existing structure and is flush mounted to the structure, shall be permitted
as a by right use; provided, however, it shall be subject to all applicable regulations applying to the
existing structure and to the regulations set forth in subsection 5.1.40(e).
A facility Iocated entirely within an existing building shall be permitted as a by right use;
provided, however, it shall be subject to ail applicable regulations applying to the building. Such a
by fight use facility may include a self-contained shelter or cabinet not located within a building if
it is screened fi.om public view or a whip antennae less than six (6) inches in diameter which
exceeds the height of the existing building.
Regulations applicable to a facility attached to an existing structure. A by right use facility described in
subsection 5.1.40(b)(6) shall be installed and operated subject to the following regulations:
The facility shall be designed, constructed and maintained as follows: (i) guy wires shall not be
permitted; (ii) outdoor lighting for the facility shall be permitted early during maintenance periods;
regardless of the lumens emitted, each outdoor luminaire shall be fully shielded as required by
section 4.17 of this chapter; (iii) any equipment cabinet not located within the existing structure
shall be screened fi.om public view; (iv) a whip antenna less than six (6) inches in diameter may
exceed the height of the existing structure; (v) a grounding rod, whose height shah not exceed two
feet and whose width shall not exceed one-inch in diameter at the base and tapering to a point,
may be installed at the top of facility or the structure; and (vi) within one month after the
completion of the installation of the facility, the applicant shall provide a statement to the
department of planning and community development certifying that the height of all components
of the facility complies with this regulation.
Equipment Shall be attached to the structure only as follows: (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 shah not exceed the size shown on the application; (ii)
only flush mounted antennas shall be permitted; no antenna shall project from the structure beyond
the minimum required by the mounting equipment, and in no case shall an antenna project more
than twelve (12) inches from the existing smacOxe; and (iii) each antcana and associated
equipment shall be a color that matches the existing structure.
Prior to beginning construction or installation of any equipment cabinet not located within the
existing structure, or installation of access for vehicles or utilities, a tree conservation plan,
developed by a certified arborist, spedfying tree protection methods and procedures, and
identifying any existing trees to be removed on the site both inside and outside the access
easement and lease area shah be submitted to the director of planning and community
development for approval All construction or installations associated with the equipment cabinet,
including necessary access for construction or installation, shall be in accordance with this tree
conservation plan. Except for the tree removal expressly authorized by the director, the applicant
shall not remove existing trees within two hundred (200) feet of the lease area, or the vehicular or
3
The facility shall be disassembled and removed from the site within ninety (90) days of the date its
use for wireless telecommunications purposes is discontinued.
The applicant shall submit a report to the zoning administrator by July 1 of each year. The report
shall identify each user of the existing structure that is a wireless telecommunications service
provider.
No slopes associated with construction of the facility and 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.
7. The regulations in section 5.1.12(a), (b) and (c) of this chapter shall apply.
Any equipment cabinet not located within the existing stmcture shall be: (i) fenced only with the
approval of the director of planning and community development; (ii) screened from all lot lines
either by the terrain, existing structures, existing vegetation, or by added vegetation approved by
the department of planning and community development's landscape planner.
I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of an Ordinance duly adopted by
the Board of Supervisors of Albemarle County, Virginia, by a vote of 5 to 1, as recorded below, at a regular
meeting held on October 17, 2001.
Aye Nay
Mr. Bowerman x
Mr. Dorrier x
Ms. Humphris
Mr. Martin
Mr. P~kins ×
Ms. Thomas x
x
4
Draft: 09/18/01
ORD/NANCE NO. 01-18( )
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, of the Code of the County of Albemarle are
amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
By Adding:
Sec, 5.1.40
Personal wireless service facilities
Chapter 18. Zoning
Article I. General Prov-l-sions
Sec. 3.1 Definitions
Personal wireless service facility: A facility' for the provision of personal wireless services, as defined by 47 U.S.C.
§ 332 (Section 704 of the Telecommunications Act of 1996), including those Federal Communications Commission
licensed commercial wireless telecommunications services such as cellular, personal communications services
(PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), and unlicensed wireless
services and common carrier wireless exchange access services. The use identified in this chapter as "microwave
and radio-wave transmission and relay towers, substations and appurtenances" includes personal wireless service
facilities.
Article H. Basic Regulations
Sec. 5.1.40 Personal wireless service facilities
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 subiect to following:
a. Application for approval: Each request for approval of a personal wireless service facility shall include the
following information:
1. A completed application form, signed by the owner, the owner's agent or the contract purchaser.
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.
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 Cour/' deed book and page number.
3. 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 that the
person s~gning on behalf of the entity is authorized to do so.
4. Except where the facility will be located entirely within an existing structure, a scaled plan and a
scaled elevation view and other supporting drawings, calculations, and other documentation
required by the director of planning and community development, signed and sealed by an
appropriate licensed professional. The plans and supporting drawings, calculations and
documentation shall show:
(a)
Draft: 09/18/01
The location and dimensions of all proposed improvements, including the maximum
height above ground of the facility(also identified in height above sea level).
(b) The design of the facility, including the specific type of support structure and the design,
type, location, size, height and configuration of all proposed antennas and other
equipment.
(c)
Except where the facility would be attached to an existing structure, the topography
within two thousand (2,000) feet of the proposed facility, in contour intervals not to
exceed ten (10) feet.
(d)
(e)
The height of all trees within fifty (50) feet of any proposed monopole or tower relied
upon to establish the proposed height and/or screening of the monopole or tower
All existing and proposed setbacks, parking, fencing and landscaping.
(fl The location and design of all proposed accessways.
Except where the facility would be attached to an existing structure, residential structures,
residential and rural areas zoning district boundaries, agricultural and forestal district
boundaries and parcels subject to conservation easements within two thousand (2,000)
feet of the facility.
(h) The proximity of the facility to commercial and private airports.
Photographs of the site.
For any proposed monopole or tower, photographs taken of a balloon test, which shall be
conducted as follows:
(a)
The applicant shall contact the department of planning and community development
within thirW (30) 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 sixty
(60) days after the date the application was submitted, and the applicant shall provide the
department 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
department.
(b)
The test shall consist of raising one or more balloons from the site to a height equal to the
proposed facility.
(c) The balloons shall be of a color or material that provides maximum visibility.
(d) 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 balloon is visible, and other properties and locations as deemed appropriate by the
director of planning and community development. The applicant shall identify the
camera type, film size, and focal length of the lens for each photograph.
General regulations: Except as otherwise provided in this paragraph, each facility shall be subiect to all
applicable regulations in this chapter.
1. Notwithstandin~ section 4.2.3.1 of this chapter, a facility may be located in an area on a lot or
parcel other than a building site.
Notwithstanding section 4.10.3.1 (b) of this chapter, the director of planning and community
development may authorize a facility to be located closer in distance than the height of the
structure to any lot line if the applicant obtains an easement acceptable to the county attomey
prohibiting development on the abutting lot sharing the common lot line to depth equal to the
2
height of the facility, as measured from the common lot line.
Draft: 09/18/01
The area and bulk regulations or minimum yard requirements of the zoning district in which the
facility will be located shall not apply.
4. Notwithstanding section 4.11 of this chapter, a facility may be located in a required yard.
5o
Notwithstanding section 32.2 of this chapter, a site plan shall not be required for a facility, but the
facility shall be subiect to the requirements of section 32 and the applicant shall submit all
schematics, plans, calculations, drawings and other information required by the director of
planning and community development to determine whether the facility complies with section 32.
In making this determination, the director may impose reasonable conditions authorized by section
32 in order to assure compliance.
A facility, other than a microwave dish, attached to an existing structure and which does not
exceed the height of the existing structure and is flush mounted to the structure shall be permitted
as a by right use; prOvided, however, it shall be subiect to all applicable regulations applying to the
existing structure and to the regulations set forth in subsection 5.1.40(c).
A facility located entirely within an existing build~ng shall be permitted as a by right use;
provided, however, it shall be subiect to all applicable regulations applying to the building. Such a
by right use facility may include a self-contained shelter or cabinet not located within a building if
it is screened from public view or a whip antennae less than six (6) inches in diameter which
exceeds the height of the existing building.
c. Regulations applicable to a facility attached to an existing structure. A by right use faciliW described in
subsection 5.1.40(b)(6) shall be installed and operated subiect to the following regulations:
1. The facility shall be designed, constructed and maintained as follows: (i) guv 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; (iii) any equipment cabinet not located within the existing structure
shall be screened from public view; (iv) a whip antennae less than six (6) inches in diameter may
exceed the height of the existing structure; (v) a grounding rod, whose height shall not exceed two
feet and whose width shall not exceed one-inch in diameter at the base and tapering to a point,
may be installed at the top of facility or the structure; and (vi) within one month after the
completion of the installation of the facility, the applicant shall provide a statement to the
department of planning and community development certifying that the height of all components
of the facility complies with this regnlation.
2. Equipment shall be attached to the structure onN as follows: (i) the number of antennas shall be
limited to three, at the sizes shown on the application; and (ii) only flush mounted antennas shall
be permitted; no antenna shall proiect from the structure beyond the minimum required by the
mounting equipment, and in no case shall an antenna proiect more than twelve (12) inches from
the existing structure.
3. Prior to beginning construction or installation of any equipment cabinet not located within the
existing structure, or installation of access for veh/lzles or utilities, a tree conservation plan,
developed by a certified arborist, specifying tree protection methods and procedures, and
identifying any existing trees to be removed on the site both inside and outside the access
easement and lease area shall be submitted to the director of planning and community
development for approval. All construction or installations associated with the equipment cabinet,
including necessary access for construction or installation, shall be in accordance with this tree
conservation plan. Except for the tree removal expressly authorized by the director, the applicant
shall not remove existing lrees within two hundred (200) feet of the lease area, or the vehicular or
utility access.
4. The facility shall be disassembled and removed from the site within ninety (90) days of the date its
use for wireless telecommunications purposes is discontinued.
Draft: 09/18/01
The applicant shall submit a report to the zoning administrator by July 1 of each year. The report
shall identify each user of the existing structure that is a wireless telecommunications service
provider.
6. No slopes associated with construction of the facility and 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.
7. The regulations in section 5.1.12(a), Co) and (c) of this chapter shall apply.
8. Any equipment cabinet not located within the existing structure shall be: (a) fenced only with the
approval of the director of planning and community development~ (b) screened from all lot lines
either by the terrain, existing structures, existing vegetation, or by added vegetation approved by
the department of planning and community development's landscape planner.
I, Ella W. Carey, 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
Mr. Bowerman
Mr. Dorrier
Ms. Humphris
Mr. Martin
Mr. Perkins
Ms. Thomas
Aye Nay
Clerk, Board of County Supervisors
4
Route 250 West Task Force
County of Albemarle
Department of Planning & Community Development
401 Mclntire Road
Charlottesville, VA 22902-4596
Albemarle County Board of Supervisors
401 Mclntire Road
Charlottesville, VA 22902
Re: October 17, 2001 Meeting
Ladies and Gentlemen:
October 16, 2001
The Board of Supervisors appointed the Route 250 West Task Force in September
2000 with the charge "to review and make recommendations to the Board of Supervisors
with regard to all transportation improvements on the Route 250 West corridor .... "Last
year we met approximately once every two months and considered a variety of issues,
including traffic signals, a wildlife reflector system, the condition of the shoulders along
the roadway, and site plans for Clover Lawn Village and the Faulconer Construction
Company. In addition, we met with James Bryan, VDOT resident engineer, to help him
understand our role and to encourage greater coordination between VDOT and the Task
Force.
This year we are meeting monthly in an attempt to stay abreast of an increasing
number of issues facing the Route 250 West corridor. We have asked our Planning
Department liaison, Juandiego Wade, to work more closely with his colleagues in order
to improve the timeliness of our input into the planning of developments and the like that
directly affect traffic flow and safety along Route 250 West.
We understand that on October 17 the Board of Supervisors will be meeting to
consider master planning for the designated growth areas and, also, that the County will
choose only one growth area in which to start this process. We recommend that master
planning begin in the Crozet growth area.
As you well know, the Board of Supervisors in May 2000 adopted a resolution to
maintain Route 250 West as a two-lane corridor (and, among other things, to create this
task force). The current planning process for residential and commercial developments
fails to account for their potential impacts on Route 250 West. A master plan, which
includes a fuller appreciation of likely effects on the 250 West corridor and the area's
overall road system, is essential if, in the words of the resolution, the County wishes "to
preserve the community, scenic, and rm-al character of the corridor."
?0-77-07 A?0:42 IN
The Route 250 West Task Force would be pleased to assist the County in
developing the transportation portion of a master plan for the Crozet growth area.
Respectfully submitted,
Route 250 West Task Force
Charles B. Mitchell, Chairman
cc: Albemarle County Planning Commission
Statement To: Albemarle County Planning Commission
From: Jeff Werner, AICP
The Piedmont Environmental Council
Date: September 25,2001
RE: ZTA 2001-012 Personal Wireless Service Facilities
Proposed revision to Ordinance
My name is Jeff Werner and I represent the Piedmont Environmental Council.
Tonight, you are reviewing a proposed revision to the County Code relative to the adopted Personal
Wireless Facilities Policy. The Piedmont Environmental Council has the following comments.
Reference the proposed text, under Section 5.1.40.c Regulations applicable to a facility attached to
an existing structure.
- Item #3 discusses the requirement for a tree protection plan, etc.
- Item #4 discusses the requirement for disassembly and removal of any facihty whose use is
terminated.
The PEC is pleased to see both of these but requests that the Planning Commission clarify the extent
of applicability for each provision.
The PEC suggests that it would be wise to have these provisions applicable to not only those
facilities "attached to an existing structure" but also to any and all facilities, and structures that are
"new." Therefore, these conditions should fall under subheading "a" of the more general Section
5.1.40 Personal wireless service facilities, which states, "....each personal wireless service
facility ..... shall be subject to the following."
We understanding that this particular text recommendation (ZTA-2001-012) is intentionally limited
and that future ZTAs will address the specifics of the proposed Tier system, however, unless we are
grossly misinterpreting the proposed language, in the present, how does the insertion of a tree
protection provision under "c" provide for tree protection on proposed towers/facilities/structure
that are new? Equally, how does the insertion of the requirement to dismantle and remove obsolete
facilities under "c" provide for a similar requirement for proposed towers/facilities/structure that are
new?
Again, both of these are excellent conditions and reflect the diligent work by County Staff to insert
such conditions in recent tower proposals. The PEC suggests that these be placed under a heading
that clearly indicates that they are applicable to ALL proposed wireless communications facilities.
However, if these provisions have been intentionally cited in this way as to preclude their
application to new towers/facilities/structures, then the PEC must strenuously argue that this text be
revised.
Thank you.
Copies via e-mail 9/25/01 at 2:18 p.m. to:
Tracey Hopper, Will Rieley, Dennis Rooker, Rodney Thomas, Will Finely, Jared Loewenstein, Greg Kamptner (Pete Craddock not
available via e-mail)
ORDINANCE NO. 01-18(8)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, 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, Vir~nia, ilmt Chapter 18, Zoning,
Article II, Basic Regulations, is hereby mended and reordained as follows:
By Amending:
Sec, 4.17.2 Applicability
Sec. 4.17.3 Definitions
Sec. 4.17.4 Standards
Sec. 4.17.5 Modification or waiver
Chapter 18. Zoning
Article H. Basic Regulations
(Ord. 98-18(1), 8-12-98)
Sec. 4.17.1 lh~rpose
The purposes of these outdoor lighting regulations are to protect dark skies, to protect the general welfare
by controlling the spillover of light onto adjacent properties, and to protect the public safety by preventing
glare from outdoor luminaires. To effectuate these purposes, these regulations regulate the direction of
light emitted from certain luminaires, and limit the intensity of light on certain adjacent properties, as
provided herein.
(Ord. 98-18(1), 8-12-98)
Sec. 4.17.2 Applicability
Except as provided in sections 4.17.4.b and 4.17.6, these outdoor lighting regulations shall apply to each
outdoor luminaire installed or replaced after the date of adoption of these regulations which is:
Located on property within a commercial or industrial zoning district, or is associated with a use for
which a site plan is required by section 32.0, and is equipped with a lamp which emits three thousand
(3,000) or more :c25g! maximum lumens; or
Located on property Within a residential or the rural areas zoning district and is associated with a use
for which a site plan is not required by section 32.0, and is equipped with a high intensity discharge
lamp, regardless of its maximum lumens.
(Orr[ 98-18(1), 8-12-98)
Sec. 4.17.3 Definitions
The following definitions shall apply in the implementation and enforcement of these outdoor lighting
regulations:
Full cutoffluminaire. The term "full cutoff luminaire" means an outdoor light fixture shielded in such a
manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is
projected below the horizontal plane.
High intensity discharge lamp. The term "high intensity discharge lamp" means a mercury vapor, metal
halide, or high pressure sodium lamp, and for purposes of this section 4.17, a low pressure sodium lamp.
See. 4.17 Outdoor lighting
Outdoor lighting regulations are set forth in sections 4.17.1, 4.17.2, 4.17.3, 4.17.4, 4.17.5 and 4,17.6.
These regulations are in addition to the performance standard pertaining to glare set forth in section 4.14.3
of this chapter.
Lamp. The term "lamp" means the component of a luminaire that produces light. A lamp is also
commonly referred to as a bulb.
Lumen. The term "lumen" means a standard onit of measurement of luminous
Luminaire. The term "luminaire" means a complete lighting unit consisting of a lamp or lamps together
with the components designed to distribute the light, to position and protect the lamps, and to connect the
lamps to the power supply. A luminaire is also commonly referred to as a fixture.
Outdoor luminaire. The term "outdoor luminaire" means a luminaire which is permanently installed
outdoors including, but not limited to,. devices used to illuminate any site, structure, or sign, except that it
does not include an internally illuminated sign.
(Ord. 98-18(1), 8-12-98)
See. 4.17.4 Standards
The following standards shall apply to each outdoor luminaire:
a~ Except as provided in section 4.17.6, each outdoor luminaire subject to these outdoor fighting
regulations shall be a full cutoff luminaire.
1. For each outdoor lmninaire subject to these outdoor lighting regulations pursuant to section
4.17.2.a, whether a lamp emits three thousand (3,000) or more maximum lumens shall be
determined from the information provided by the manufacturer of the lamp including, but not
limited to, information on the lamp or on the lamp's packaging materials.
2. For each outdoor luminaire subject to these outdoor lighting regulations pursuant to section
4.17.2.a, the following rated lamp wattages shall be deemed to emit three thousand (3,000) or
more maximum lumens unless the zoning administrator determines, based upon information
provided by a lamp manufacturer, that the rated wattage of a lamp emits either more or less than
the three thousand (3,000) ~;.t;.a! max/mum lmnens:
a. Incandescent lamp: one hundred sixty (160) or more wars.
b. Quartz halogen lamp: one hundred sixty (160) or more watts.
c. Fluorescent lamp: thirty-five (35) or more watts.
d. Mercury vapor lamp: seventy-five (75) or more wars.
e. Metal halide lamp: forty (40) or more watts,
f. High pressure sodium lamp: forty-five (45) or more wars.
g. Low pressure sodium lamp: twenty-five (25) or more waR~
3. If a luminaire is equipl~ed with more than one lamp, the lumens of the lamp with the highest
maximum lumens shall deteaxnine the lumens emitted.
b. Each parcel, except those containing only one or more singl~family detached dwellings, shall comply
with the following:
1. The spillover of lighting from luminaires onto public roads and property in residential or rural
areas zoning districts shall not exceed on~-half (~A) foot candle, Spillover shall be measured
horizontally and vertically at the property line or edge of right-of-way or easement, whichever is
closer to the light source.
2. All outdoor lighting, regardless of the amount of lumens, shall be arranged or shielded to reflect
light away from adjoining residential districts and away from
adjacent roads.
(Ord. 98-18(t), 8-12-98)
Sec. 4.17.5 Modification or waiver
Any standard of section 4.17.4.a may be modified or waived in an individual ease, as
provided herein:
The commission may modify or waive any standard set forth in section 4.17.4.a in an individual case,
and the commission may impose conditions on such a modification or waiver which it deems
appropriate to further the purposes of these outdoor lighting regulations, in either of the following
circumstances:
Upon finding that strict application of the standard would not forward the purposes of this chapter
or otherwise serve the public health, safety or welfare, or that altematives proposed by the owner
would satisfy the purposes of these outdoor lighting regulations at least to an equivalent degree.
Upon finding that an outdoor luminaire, or system of outdoor luminaires, required for an athletic
facility cannot reasonably comply with the standard and provide sufficient ilhnnination of the field
facility for its safe use, as determined by recommended practices adopted by the Illuminating
Engineering Society of North America for that type of facility and activity or other evidence if a
recommended practice is not applicable.
Prior to considering a request to modify or waive, five (5) days' written notice shall be provided to the
owner, owner's agent or occupant of each abutting lot or parcel and each parcel immediately across the
street or road t~om the tot or parcel which is the subject of the request. The written notice shall
identify the nature of the request and the date and time the commission will consider the request.
c. The board of supervisors shall consider a modification or waiver of this section only as follows:
The denial of a modification or waiver, or the approval of a modification or waiver with
conditions objectionable to the developer may be appealed to the board of supervisors as an appeal
of a denial of the plat, as provided in section 14-226 of the Code, or the site plan, as provided in
sections 32.4.2.7 or 32.4.3.9, to which the moditication or waiver pertains. A modification or
waiver considered by the commission in conjunction with an application for a special use permit
shall be subject to review by the board of supervisors.
In considering a modification or waiver, the board may grant or deny the modification or waiver
based upon the finding set forth in subsection (a), amend any condition imposed by the
commission, and impose any conditions it deems necessary for the reasons set forth in subsection
(a). Otherwise, neither the grant nor denial of a modification or waiver may be appealed to the
board.
(Ord. 98-18(1), 8-12-98; Ord. 01-18(4), 5-9-01)
Sec. 4.17.6 Exempt outdoor lighting and related acts
The following outdoor lighting and related acts shall be exempt from the requirements of these outdoor
lighting regulations:
a. Lighting which is not subject to this chapter by state or federal law.
Construction, agricultural, emergency or holiday decorative lighting, provided that the lighting is
temporary, and is discontinued within seven (7) days upon completion of the project or holiday for
which the lighting was provided.
c. Lighting of the United States of America or Commonwealth of Virginia flags and other non-
commercial flags expressing constitutionally protected speech.
d. Security lighting controUed by sensors which provides illumination for fifteen (15) minutes or less.
e. The replacement of an inoperable lamp or component which is in a luminaire that was installed prior to
the date of adoption of section 4~I7.
f. The replacement of a failed or damaged luminaire which is one of a matching group serving a common
purpose.
(Ord. 98-18(1), 8-12-98)
I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of an Ordinance duly adopted by
the Board of Supervisors of Albemarle County, Virginia, by a vote of 6 to 0, as recorded below, at a regular meeting
held on October 17, 2001.
~~~ ~.4_.~ '/"' ~ "~//I
C'qe~ Board of County Su-~pervisors ~
Aye Nay
Mr. Bowerman x
Mr~ Dorrier
Ms. Humphris x
Mr. Martin ×
Mr. Perkins x
Ms. Thomas x
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: ZTA 2001-13: Lighting Ordinance
AGENDA DATE:
September 18,2001
ITEM NUMBER:
SUBJECT/PROPOSAL/REQUEST: Amend the lighting
ordinance to address issues related to threshold lumens and
footcandles, light spillover, shielding, sports field lighting,
overall lighting levels on 'individual sites, and light pole
heights.
STAFF CONTACT(S): Ms. Sprinkle, Ms. Maliszewski, Mr.
Kamptner
ACTION: Yes
INFORMATION:
CONSENT AGENDA:No
ACTION:
INFORMATION:
ATTACHMENTS: Yes
BACKGROUND: The Albemarle County Lighting Ordinance was adopted on August 12, 1998. At the time of
adoption, the Board of Supervisors requested that a review of the waiver provisions be completed after one
year to determine if any changes were warranted. Staff conducted a review of the waiver provisions and a
review of troublesome lighting-related issues that had arisen repeatedly since adoption. Those reviews
resulted in the identification of several areas that staff wanted to study further, with the potential of making
recommendations for ordinance amendments to improve plan review, and enforcement procedures. Identified
areas included threshold lumens and footcandles, li§ht spillover, shielding, sports field lighting, overall lighting
levels, and light pole heights. On February 21, 2001 the BOS passed a Resolution of Intent (Attachment A) to
amend the lighting ordinance to address the staff-identified lighting issues.
PUBLIC PURPOSE: The proposed revisions will continue to serve the purposes of the original outdoor lighting
ordinance, including protection of the dark skies, protection of the general welfare by controlling the spillover
of light, and protection of the public safety by preventing glare from outdoor luminaires.
DISCUSSION: The supporting information presented to the BOS with the Resolution of Intent included a
detailed list of lighting issues for staff review. Staff divided those issues into two phases. The first phase
issues (#1-8, below) are addressed by simple revisions to the text of the ordinance and are covered in this
report. The second phase of issues involves additional research and investigation by staff to address glare,
overall lighting levels, lighting measurement, pole height, education, and non-conforming lights. Ordinance
revisions addressing these broader issues are anticipated to be more compliCated and far-reaching than those
addressed in this .report. Recommendations on Phase 2 issues will be brought to the Planning Commission
after staff work and round-table/committee review is complete.
Description of~Proposed Modifications:
1. Modification of spillover requirement. Section 4.17.5 provides for modifications, waivers, or variations of
the standards of Section 4.17.4 by the Planning Commission, including the spillover requirement. Because
the spillover requirement is a safety issue and a nuisance issue, it should not be waivable. The ordinance
has been revised so that the spillover requirement cannot be modified.
2. Sports Lic~htin.q. Staff considered exempting sports lighting from cutoff requirements because recent
reviews have indicated that full cutoff sports lights are not manufactured. After due consideration, the
ordinance was not revised. Staff believes that it is necessary for there to be some incentive to create the
full cutoff lighting that is preferred by the County. The ordinance was revised, however, to refer to
"organized sports" rather than "baseball, softball, football, or soccer" to be less restrictive on the types of
sports that could be accommodated with illuminated fields. ~
Initial/maintained lumens/footcandles. The lighting ordinance currently applies to outdoor luminaires with a
lamp that emits 3000 or more initial lumens. Initial lumens, as the name suggests, designates the level of
lumens that a luminaire emits when it is first turned on. This is also the maximum lumen output of the
luminaire. The lumen output decreases with time; after approximately 100 hours of operation, the luminaire
reaches a level of output known as maintained lumens. Maintained lumens are often used by
manufacturers and applicants in planning and design. The maintained lumen level cannot be rused for
determining compliance because the site must comply with the ordinance prior to the issuance of a
Certificate of Occupancy, and lights may not operate without a CO. To avoid confusion, to emphasize that
the maximum lumen level is the level addressed by the County, and to avoid the use of technical terms,
references to initial lumens in the lighting ordinance have been changed to maximum lumens.
Spillover of non-parking lot liqhtin,q. The current spillover regulations only apply to parking lot lighting, but
other types of lighting (wall, canopy) can spill onto adjacent properties. There is an inherent inequity in
applying spillover regulations only to parking lot lighting. To make all lighting subject to sPillover
regulations, the words "parking area" have been removed from Section 4.17.4.b. of the ordinance.
o
Spillover measurement. It is unclear in the current regulations where spillover is measured. The ordinance
has been revised to clarify that spiliover will be measured horizontally and vertically at the proPerty line.
This allows a sufficient degree of flexibility in spillover measurement.
Spillover and lumens. Spillover regulations are currently only applied to fixtures emitting 3000 lumens or
more, but spillover can be created by fixtures that emit less than 3000 lumens. The lumen limit on spiilover
regulations has been removed from the ordinance. ~
Arrangement and shielding of light. Prior to the modification of section 4.17, Section 4.12.6.4 of :the
ordinance read as follows: "Lights used to illuminate parking areas shall-be arranged or shielded to reflect
light away from adjoining residential districts and away from adjacent streets." Removing the wording has
decreased staff's ability to control glare. Consequently, the language has been restored to the ordinance.
Full cut-off optics for decorative fixtures. Decorative fixtures have been approved, based on manufacturer's
information confirming full cut-off optics, but this has resulted in some fixtures that produce considerable
glare. The ordinance has been revised to delete the allowance for full cut-off optics for decorative fixtures.
Decorative fixtures may be approved if they are full cutoff luminaires as defined by the ordinance.
ADMINISTRATION/REVIEW PROCESS: The proposed amendments will reduce areas of problematic review,
interpretation, and application. It is anticipated that the proposed ordinance amendments will improve plan
review and enforcement procedures.
HOUSING AFFORDABILITY: It is anticipated that the proposed amendments will have no effect on housing
affordability.
IMPLICATIONS TO STAFFING STAFFING COSTS: The proposed revisions will result in the more efficient
use of staff time in review and interpretation.
RECOMMENDATION: Staff recommends approval of ZTA-2001-13 as proposed in Attachment B.
ATTACHMENTS: A: Resolution of Intent
B: Proposed Lighting Ordinance Revisions
ATTACHMENT A
RESOLUTION OF INTENT
WHEREAS, Section 4.17, Outdoor Lighting, of the Zoning Ordinance establishes
regulations pertaining to outdoor lighting; and
WHEREAS, it is desired to amend Section 4.17 to address numerous issues including,
but not limited to, those related to threshold lumens and footcandles, light spillover, shielding,
sports field lighting, overall lighting levels on individual sites, and light pole heights.
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 amend Section 4.17 and any other related
regulations of the Zoning Ordinance as described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public
hearing on this resolution of intent, and make its recommendations to the Board of Supervisors at
the earliest possible date.
ORDINANCE NO, 01-18(8)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, 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 II, Basic Regulations, is hereby amended and reordained as follows:
By Amending:
Sec. 4.17.2 Applicability
Sec. 4.17.3 Definitions
Sec. 4.17.4 Standards
Sec. 4.17.5 Modification or waiver
Chapter 18. Zoning
Article II. Basic Regulations
Sec. 4.17 Outdoor lighting
Outdoor lighting regulations are set forth in sections 4.17.1, 4.17.2, 4.17.3, 4.17.4, 4.17.5 and 4.17.6.
These regulations are in addition to the performance standard pertaining to glare set forth in section 4.14.3
of this chapter.
(Ord. 98-18(1), 8-12-98)
Sec. 4.17.1 Purpose
The purposes of these outdoor lighting regulations are to protect dark skies, to protect the general welfare
by controlling the spillover of light onto adjacent properties, and to protect the public safety by preventing
glare from outdoor luminaires. To effectuate these purposes, these regulations regulate the direction of
light emitted from certain luminaires, and limit the intensity of light on certain adjacent properties, as
provided herein.
(Ord. 98-18(1), 8-12-98)
Sec. 4.17.2 Applicability
Except as provided in sections 4.17.4.b and 4.17.6, these outdoor lighting regulations shall apply to each
outdoor luminaire installed or replaced after the date of adoption of these regulations which is:
a. Located on property within a commercial or industrial zoning district, or is associated with a use for
which a site plan is required by section 32.0, and is equipped with a lamp which emits three thousand
(3,000) or more maximum lumens; or
b. Located on property within a residential or the rural areas zoning district and is associated with a use
for which a site plan is not required by section 32.0, and is equipped with a high intensity discharge
lamp, regardless of its maximum lumens.
(Ord. 98-18(1), 8-12-98)
Sec. 4.17.3 Definitions
The following definitions shall apply in the implementation and enforcement of these outdoor lighting
regulations:
Full cutoffluminaire. The term "full cutoff luminaire" means an outdoor light fixture shielded in such a
manner that all light emitted by the £rxmre, either directly from the lamp or indirectly from the fixture, is
projected below the horizontal plane.
High intensity discharge lamp. The term "high intensity discharge lamp" means a mercury vapor, metal
halide, or high pressure sodium lamp, and for purposes of this section 4.17, a low pressure sodium lamp.
Attachment B
Draft: 09/lq/01
Located on property within a residential or the rural areas zoning district and is
associated with a use for which a site plan is not required by section 32.0, and is
equipped with a high intensity discharge lamp, regardless of its :~n;,t[a! maximum
lumens.
(Ord. 98-18(1), 8-12-98)
Sec. 4.17.3 Definitions
The following definitions shall apply in the implementation and enforcement of these
outdoor lighting regulations:
Full cutoff luminaire. The term "full cutoff luminaire" means an outdoor light fixture
shielded'in such a manner that all light emitted by the fixture, either directly from the
lamp or indirectly from the fixture, is projected below the horizontal plane.
High intensity discharge lamp. The term "high intensity discharge lamp" means a
mercury vapor, metal halide, or high pressure sodium lamp, and for purposes of this
section 4.17, a Iow pressure sodium lamp.
Lamp. The term "lamp" means the component of a luminaire that produces light. A
lamp is also co ~mmonly referred to as a bulb.
Lumen. The term "lumen" means a standard unit of measurement of luminous flux.
Luminaire. The term "luminaire" means a complete lighting unit consisting of a lamp or
lamps together with the components designed to distribute the light, to position and
protect the lamps, and to connect the lamps to the power supply. A luminaire is also
commonly referred to as a fixture.
Outdoor luminaire. The term "outdoor luminaire" means a luminaire which is
permanently installed outdoors including, but not limited to, devices used to illuminate
any site, structure, or sign, except that it does not include an internally illuminated sign.
(Ord. 98-1S(1), S-12-98)
See. 4.17.4 Standards
The following standards shall apply to each outdoor luminaire:
bo
Attachment B
Draft: 09/19/01
Except as provided in section 4.17.6, each outdoor luminaire subject to these outdoor
lighting re ns shall be a full cutoff luminaire or a
For each outdoor luminaire subject to these outdoor lighting regulations pursuant
to section 4.17.2.a, whether a lamp emits three thousand (3,000) or more Ln;A';a!
maximum lumens shall be determined from the information provided by the
manufacturer of the lamp including, but not limited to, information on the lamp or
on the lamp's packaging materials.
o
For each outdoor luminaire subject to these outdoor lighting regulations pursuant
to section 4.17.2.a, the following rated lamp wattages shall be deemed to emit
three thousand (3,000) or more :,r2t;~a! maximum lumens unless the zoning
administrator determines, based upon information provided by a lamp
manufacturer, that the rated wattage of a lamp emits either more or less than the
three thousand (3,000) :m;~:~a! maximum lumens:
a. Incandescent lamp: one hundred sixty (160) or more watts.
b. Quartz halogen lamp: one hundred sixty (160) or more watts.
c. Fluorescent lamp: thirty-five (35) or more watts.
d. Mercury vapor lamp: seventy-five (75) or more watts.
e. Metal halide lamp: forty (40) or more watts.
f. High pressure sodium lamp: forty-fiv~e (45) or more watts.
g. Low pressure sodium lamp: twenty-five (25) or more watts.
3. If a luminaire is equipped with more than one lamp, the lumens of the lamp with
the highest ;w22~a! maximum lumens shall determine the lumens emitted.
Each parcel, except those containing only one or more single-family detached
dwellings, shall comply with the following:
The spillover of lighting from pm:hiag-t~t luminaires onto public roads and
property in residential or rural areas zoning districts shall not exceed one-half (½)
foot candle. Spillover shall be measured horizontally and vertically at the
property line or edge of right-of-way or easement, whichever is closer to the light
source.
Ail outdoor lightine, regardless of the amount of h~mens, shall be arranged or
shielded to reflect light away from adioining residential districts and away from
adjacent roads.
(Ord. 98-18(1), 8-12-98)
Sec. 4.17.5 Modification or waiver
Attachment B
Draft: 09/19/01
Any standard of section 4.17.4.a may be modified or waived in an individual case, as
provided herein:
ao
The commission may modify or waive any standard set forth in section 4.17.4.a in an
individual case, and the commission may impose conditions on such a modification
or waiver which it deems appropriate to further the purposes of these outdoor lighting
regulations, in either of the following circumstances:
Upon fmdi~ that strict application of the standard would not forward the
purposes of this chapter or otherwise serve the public health, safety or welfare, or
that alternatives proposed by the ovmer would satisfy the purposes of these
outdoor lighting regulations at least to an equivalent degree.
Upon finding that an outdoor taminaire, or system of outdoor luminaires, required
~.~.~. ~ c~.~n ........ ~:~ an athletic facility cannot
reasonably comply with the standard and provide sufficient illumination of the
fieid facility for its safe use, as determined by recommended practices adopted by
the Illuminating Engineering Society of North America for that type of ~e!d
facility and activity or other evidence if a recommended practice is not applicable.
bo
Prior to considering a request to modify or waive, five (5) days' written notice shall
be provided to the owner, owner's agent or occupant of each abutting lot or pared
and each parcel immediately across the street or road f~om the lot or parcel which is
the subject of the request. The written notice shall identify the nature of the request
and the date and time the commission will consider the request.
c. The board of supervisors shall consider a modification or waiver of this section only
as follows:
The denial of a modification or waiver, or the approval of a modification or
waiver with conditions objectionable to the developer may be appealed to the
board of supervisors as an appeal ora denial ofthe plat, as provided in sectioff 14-
226 of the Code, or the site plan, as provided in sections 32.4.2.7 or 32.4.3.9, to
which the modification or waiver pertains. A modification or waiver considered
by th~ commission in conjunction with an application for a sp0cia! usc permit
shall i~ subject to review by the board'of supervisors.
In considering a modification or waiver, the board may grant or deny the
modification or waiver based upon the finding set forth in subsection (A a),
amend any condition imposed by the commission, and impose any conditions it
deems necessary for the reasons set forth in subsection (A a_). Otherwise, neither
the grant nor denial of a modification or waiver may be appealed to the boar~.
(Ord. 98-18(1), 8-12-98; Ord. 01-18(4), 5-9-01)
4
Attachment B
Draft: 09/19/01
Sec. 4.17.6 Exempt outdoortighting and related acts
The following outdoor lighting and related acts shall be exempt from the requirements of
these outdoor lighting regulations:
ao
Lighting which is not subject to this chapter by state or federal law.
Construction, agricultural, emergency or holiday decorative lighting, provided that
the lighting is temporary, and is discontinued within seven (7) days upon completion
of the project or holiday for which the lighting was provided.
Lighting of the United States of America or Commonwealth of Virginia flags and
other non-commercial flags expressing constitutionally protected speech.
d. Security lighting controlled by sensors which provides illumination for fifteen (15)
minutes Or less.
e. The replacement of an inoperable lamp or component which is in a luminaire that was
installed prior to the date of adoption of section 4.17.
f. The replacement of a failed or damaged lumina[re which is one of a matching group
serving a common pm*pose.
(Ord. 98-18(1), 8-12-98)
I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, 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
Mr. Bowerman
Mr. Dottier
Ms. Humphris
Mr. Martin
Mr. Perkim
Ms. Thomas
Aye Nay
INTER
OFFICE
To:
From:
Subject:
Date:
Members, Board of Supervisors
Ella Washington Carey, CMC, Clerk
Reading List for October 17, 2001
October 12, 2001
MEMO
I have attached the reading list for October 17, 2001. Thank you.
April 25, 2001
August 1, 2001(pg 1~15)
September 12, 2001
Ms. Thomas
Mr. Perkins
Ms. Humphris
2740 Lonesome Motmtaia Road
Charlottmvi[ie, V'~ 22911
Tel. (s04) 7 -41 lo
Fax (S04) g?S,0SgS
E-mail: redban~csume, m~
Octob~' 13, 2OOl
Dir~tor
V'trsinla Department of Transportation
Route 250 Fast
Charlottesville, Va. 22901
Dear Sir,
Our property fronts on the East side of Highway 20 North, from Rt. 610 to Barrsden
Road. VDOT recently completed the widenia8 and resurfacing of'the road along this
acutely curving stretch of heavily traveled highway.
We are afraid that these improvements made an already hazardous situation even more
dangerous. Because the road was widened two fe~ there is now no shoulder and in its
place is a sheer drop ofabout five feet, if only one wheel of a vehicle leaves the road, a
a~ident will result, In fact that very thing happened only fl~ree days ago and rite driver
was seriously injured and his truck was demolished.
We suggest that a shoulder and a guardrail be installed at this location. We will gladly
deed to VIX)T the necessa~ land so that this can be done.
Board of Supervisors
Albermade County
401 Molntir¢ Rd.
Chariottesvillle, Va. 22902