HomeMy WebLinkAboutZTA200900011 Legacy Document 2009-08-25 (3)ACTIONS
Board of Supervisors Meeting of August 5, 2009
August 10, 2009
AGENDA ITEM /ACTION
ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 9:02 a.m. by the
Chairman, Mr. Slutzky. All BOS members were
present. Also present were Bob Tucker, Larry
Davis, Ella Jordan and Meagan Hoy.
4. ReGG
• Removed from agenda.
5. From the Board: Matters Not Listed on the Agenda.
Lindsay Dorrier:
• Updated the Board on the Hatton Ferry fund-
raising efforts.
Dennis Rooker:
• Congratulated Sally Thomas on receiving the
Robert W. Baker Achievement Award from the
Virginia Association of Planning District
Commissions (VAPDC) at its annual conference
on July 31St
Sally Thomas:
• The HPC now has an agreement with the Fire
Department in which the County will be notified
when historic properties are to be burned or
being considered to be burned.
• The Board sent a letter to Governor Kaine
requesting that guidelines /standards be
developed for the use of rain water.
• Updated the Board on her attendance at the
Rivanna Water and Sewer Authority meetings.
• Updated the Board on her attendance at the
Chesapeake Bay Program meetings. Localities
will receive a total maximum daily load for all of
the tributaries. The State will be charged with
developing implementation programs.
Dennis Rooker:
• Updated the Board on the recent conference
call with Congressman Perriello. The main topic
of discussion was grants.
Ken Bow
• Discussed the construction and noise issues
going on in and near the Fontana Subdivision
neighborhood. He asked if Board members
would be interested in developing an ordinance
to protect the homeowners.
Ann Mallek:
• Recognized the long service and loss of Richard
Cogan, former Planning Commissioner and BZA
member.
• Asked to add to a future agenda the topic of
mandatory training for BZA members.
• This week is Farmer's Market Week, and she
updated the Board on various activities going on
around the area.
• Asked that a list of the local farmer's markets
and their locations be added to the County's
web page.
• Updated the Board on the Advance Mills Bridge
project.
6.
From the Public: Matters Not Listed for Public
Hearing on the Agenda.
• Frank Melli spoke in support of local farmer's
markets, and updated the Board on the "Meet
the Farmer" TV series.
• David Blount, of TJPDC, spoke about
development of the regional legislative program
for 2010.
• Neil Williamson, of the Free Enterprise Forum,
asked the Board to have staff meet with
neighborhood associations and developers to
resolve the problem of damage to personal
property close to construction sites.
• Jeff Werner, of PEC, commented that he does
not believe that developers have a problem
developing in the growth areas.
7.2
Resolution to approve the County's participation in
Clerk: Forward copy of signed resolution to
the Virginia Department of Transportation (VDOT)
David Benish, Juan Wade and County
Revenue Sharing Program for FY 09 -10.
Attorney's office. (Attachment 1)
• ADOPTED the attached resolution to participate
in VDOT's Revenue Sharing Program for FY
David Benish /Juan Wade: Bring back to Board
2010 which includes $426,000 from the Local
when ready for final consideration.
Transportation Improvement Program funding in
the CIP in addition to the current unencumbered
balance in Revenue Sharing funds to provide
sufficient funding to cover the $1.5 million local
match. Staff to bring back for final consideration
after more information is available regarding the
project's status and the County's overall
financial condition.
7.3
Approval of FY 2009 ACE Appraisals and Easement
Ches Goodall /David Benish: Proceed as
Acquisitions.
approved.
• APPROVED the six (6) appraisals by Pape and
Company for applications from the year FY 09
applicant pool;
• APPROVED the purchase of ACE easements
on the top five ranked properties for Round 9,
(namely: McDaniel, E.N. Garnett, Hudson
(Mike), Magerfield, and Hudson (Charles); and
• APPROVED staff to invite these five applicants
to make written offers to sell conservation
easements to the County.
• AUTHORIZED the County Executive to sign the
grant agreement for the USDA Farm and
Ranchlands Protection Program.
7.4
FY 2009 Appropriations.
Clerk: Forward signed appropriation forms to
• APPROVED the budget amendment in the
Finance and appropriate individuals.
amount of $30,200.00 and the approval of
Appropriation #2009067.
7.5
Health Department Lease Amendment &
Clerk: Forward copy of signed resolution to
Charlottesville Free Clinic License.
Bryan Elliott and County Attorney's office.
• ADOPTED the attached Resolution to authorize
County Attorney's office: Provide Clerk with
the County Executive to execute the 2009 First
fully executed copy of document.
Amendment to the Deed of Lease between the
(Attachment 2)
City of Charlottesville, the County of Albemarle
and the Commonwealth of Virginia, Department
of Health.
7.6 ZTA 2009 -13 Home Occupations and ZTA 2009 -12
Clerk: Forward copy of signed resolutions to
Churches. Resolutions of Intent to amend the
Community Development and the County
Zoning Ordinance to allow certain churches and
Attorney's office. (Attachments 3 and 4)
home occupations to be permitted as by -right uses.
• ADOPTED the attached Resolutions of Intent for
Churches and Home Occupation, Class B.
7.7 Authorization to charge direct project management
Bill Leteri: Proceed as approved.
expenses incurred by the Office of Facilities
Development against the Capital Fund.
• As requested by staff, the Board:
• AUTHORIZED the OFD to charge direct
costs associated with Project Management
services, including the Capital Program
Manager position, to the Capital Fund;
• CONVERTED two contracted employees to
permanent FTE's;
• TRANSFERRED 50% of salaries of three
project inspectors from Community
Development to OFD;
• DIRECTED staff to include a 4.5% Project
Management fee in all future CIP budgets;
• DESIGNATED a portion of savings from
completed projects in the Capital Fund to a
"Project Management" line item in the
Capital Fund to fund FY 10 project
management expenses.
7.8 Resolution of Endorsement for New Amtrak
Clerk: Forward copy of adopted resolution to
Passenger Service through the Region.
Susan Stimart. (Attachment 5)
• ADOPTED the attached resolution.
8. Annual Housing Report.
• RECEIVED.
9. Appeal: Denial of Plat: SUB - 2008 -100. Wyant
Bill Fritz: Proceed as directed.
Family Division.
• At the request of Mr. Wyant, the Board
ACCEPTED the withdrawal of the application
and DIRECTED staff to reopen the subdivision
application with the consent of Mr. Wyant to
resolve the outstanding issues.
10. Public Hearing: FY 2010 Budget Amendment.
Clerk: Forward copy of signed appropriation
• APPROVED of the FY 2010 Budget Amendment
forms to Finance and appropriate individuals.
in the amount of $3,229,119.30 after the public
hearing, and APPROVED Appropriations
#2010009,#2010010,#2010011,#2010012,
#1010013, #2010014, #2010015, #2010016, and
#2010017 to provide funds for various local
government and school projects and programs.
11. Public Hearing: ZTA- 2008 -004. Beauty /Barber
Clerk: Forward copy of adopted ordinance to
Shops in CO District.
Community Development and County
• ADOPTED the attached Ordinance.
Attorney's Office. (Attachment 6)
12. Public Hearing: ZTA- 2009 -008. Body Shops and
Clerk: Forward copy of adopted ordinance to
Towing Services in HI Heavy Industrial District.
Community Development and County
• ADOPTED the attached Ordinance.
Attorney's Office. (Attachment 7)
13. Public Hearing: ZTA- 2009 -011. Definitions,
Clerk: Forward copy of adopted ordinance to
including Home Occupations.
Community Development and County
• ADOPTED the attached Ordinance.
Attorney's Office. (Attachment 8)
14.
Public Hearing: WPTA- 2009 -0002. Water
Clerk: Forward copy of adopted ordinance to
Protection Ordinance.
Community Development and County
• ADOPTED the attached Ordinance.
Attorney's Office. (Attachment 9)
15.
Public Hearing: Ordinance to amend Chapter 9,
Clerk: Forward copy of adopted ordinance to
Motor Vehicles and Traffic, of the Albemarle
Police Department and County Attorney's
County Code.
Office. (Attachment 10)
• ADOPTED the attached Ordinance.
16.
Work Session: ZTA- 2008 -02. Planned
Clerk: Schedule public hearing for next
Developments and Neighborhood Model District.
available Board meeting.
• HELD.
• SET public hearing for next available date.
17.
Closed Meeting.
• At 2:10 p.m., the Board went into Closed
Meeting to consider appointments to boards,
committees, and commissions; to discuss the
acquisition of real property necessary for a
library; and to discuss the acquisition of real
property necessary for a public safety facility.
18.
Certify Closed Meeting.
• At 3:13 p.m., the Board reconvened into open
meeting and certified the Closed Meeting.
19.
Appointments: Boards and Commissions.
Clerk: Prepare appointment /reappointment
• APPOINTED Jason Trujillo to the Pantops
letters, update Boards and Commissions book,
Advisory Council.
webpage, and notify appropriate persons.
• REAPPOINTED Sherry Buttrick, Jean Lean
Lorber, David Callihan and Bill Edgerton to the
ACE Committee, with said terms to expire
August 1, 2012.
• APPOINTED Lieutenant Ernie Allen to the
Jefferson Area Community Criminal Justice
Board, with said term to expire June 30, 2012.
20a.
VDOT Monthly Report.
Clerk: Forward comments to Allan Sumpter.
• Joel DeNunzio provided the following additional
updates:
• Regarding the skip lines on Hydraulic Road
(white dotted pavement markings
separating the two westbound lanes on
Hydraulic Road just west of the Route
29 /Hydraulic intersection in front of the 7 -11
store), VDOT has put them on the re -trace
schedule.
• Regarding the drainage issue on Buck
Road, VDOT has received verbal approval
from the landowner that he will sign the
right -of -entry form.
• Regarding the signal upgrades at Farmington,
Ms. Thomas asked if the change in the phasing
of the two lights will be a major improvement.
Mr. DeNunzio said VDOT hopes the changes
will be a major improvement in traffic flow. He
added that VDOT found that they had some bad
controllers which have now been replaced. It is
hoped that replacement of the controllers and
the work at Farmington will help relieve a lot of
the congestion.
• Mr. Boyd asked if VDOT has received any
feedback on the traffic signal modifications at
Route 20/250. Mr. DeNunzio said it is hard to
tell at this point. It is a continuous effort.
• Mr. Rooker asked if the work on the Broomley
Road Bridge surface is still expected to begin on
August 10, 2009, and when the public will be
notified. Mr. DeNunzio replied that it is on
schedule. The message board should be up on
Thursday, August 6'h. Mr. Rooker asked how
long the bridge is expected to be closed. Mr.
DeNunzio replied that the work is expected to
take about four days.
20b. Transportation Matters not Listed on the Agenda. Clerk: Forward comments to Sue Kennedy
Dennis Rooker: and Allan Sumpter.
• Along East Rio Road, in the median between
the two shopping centers, just beyond Putt -Putt,
the weeds are out -of- control. He asked about
putting the area on VDOT's schedule for
spraying.
• Asked the link between the Farmington signal
upgrades and the signals at the intersections of
Hydraulic and Commonwealth Roads. Mr.
DeNunzio said VDOT has a traffic signal
contract. The regional crew moves from one
signal to the next. The Farmington signals are
expected to be completed by the end of this
month.
Lindsay Dorrier:
• On Route 726, James River Road, along the
Hatton Ferry Road, three miles from Scottsville,
there is a section of roadway where it is very
difficult for trucks or wide vehicles to pass each
other. A vehicle has to pull of the road to allow
another vehicle to pass. Asked if some signage
can be added stating that it is a narrow area.
Mr. DeNunzio said he will pass that on to the
Traffic people to see if they have any
suggestions.
Sally Thomas:
• Asked if current VDOT cuts are affecting the
local residency. Mr. DeNunzio said personnel
cuts are being phased and currently being made
at the Central and District offices. They have not
seen any residency offices closed or personnel
cuts at that level; that is expected later in the
fall.
David Slutzky:
• Regarding the Hillsdale safety project, he
thought the contract had been awarded to the Bill Letteri: Provide update to Mr. Slutzky.
second bidder. Mr. DeNunzio explained that the
contract had to go through a number of
signatures for signage and approval. Mr. Bill
Letteri said they just received an easement from
Our Lady of Peace which enables them to issue
a notice to proceed with the contract. He
expects this to happen within the next couple of
days. Mr. Slutzky asked how long the project is
expected to take. Mr. Letteri said he thinks it is
about a 60 day project, but will confirm that. Mr.
Slutzky asked that he be sent an email updating
him on the progress.
5
21. Public Hearing: PROJECT: SP 2008 -0025.
Clerk: Set out conditions of approval.
Earlysville Service Center.
(Attachment 11)
• APPROVED SP- 2008 -0025, by a vote of 6:0,
subject to the conditions as recommended and
amended at the Board meeting.
22. Work Session: Zoning Ordinance Fee Amendments.
• HELD.
• CONSENSUS that staff prepare a resolution of
intent for the Board to consider on September 2,
2009 to initiate the process to amend the Zoning
Ordinance fees as recommended by staff.
23. From the Board: Matters Not Listed on the Agenda.
Clerk: Forward copy of adopted resolution to
• ADOPTED, by a vote of 6:0, the attached
the Secretary Bryant, Virginia Soil and Water
resolution regarding the Virginia Soil and Water
Conservation Board, Larry Land, High Growth
Conservation Board proposed amendment to
Coalition, SELC, David Blount and Greg
regulations associated with the Virginia
Harper. (Attachment 12)
Stormwater Management Program.
Sally Thomas:
• Will be traveling to the County's Sister City in
Italy in September. She added that she will be
paying her own expenses.
24. Adjourn.
• At 5:20 p.m., the Board meeting was adjourned.
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Attachment 1 — Resolution - VDOT Revenue Sharing Program for FY 09 -10
Attachment 2 — Resolution - Health Department Lease Amendment & Charlottesville Free Clinic License
Attachment 3 — Resolution of Intent - ZTA 2009 -13 Home Occupations
Attachment 4 — Resolution of Intent - and ZTA 2009 -12 Churches
Attachment 5 — Resolution of Endorsement For New Amtrak Passenger Rail Service through the Region
Attachment 6 — Ordinance - ZTA- 2008 -004. Beauty /Barber Shops in CO District
Attachment 7 — Ordinance - ZTA- 2009 -008. Body Shops and Towing Services in HI Heavy Industrial District
Attachment 8 — Ordinance - ZTA- 2009 -011. Definitions, including Home Occupations
Attachment 9 — Ordinance - WPTA- 2009 -0002. Water Protection Ordinance
Attachment 10 - Ordinance - Chapter 9, Motor Vehicles and Traffic, of the Albemarle County Code
Attachment 11 — Conditions of Approval — SP- 2008 -0025. Earlysville Service Center.
Attachment 12 - Resolution - Virginia Stormwater Management Program
R
ATTACHMENT 1
RESOLUTION TO PARTICIPATE IN
VIRGINIA DEPARTMENT OF TRANSPORTATION
REVENUE SHARING PROGRAM FOR FISCAL YEAR 2010
WHEREAS, the County of Albemarle desires to submit an application for up to $1.0 million of revenue
sharing funds through the Virginia Department of Transportation Fiscal Year 2010/11 Revenue Sharing
Program; and
WHEREAS, the County is willing to commit a $1.5 million match in order to compete for Tier Two
funding; and
WHEREAS, these funds are requested to fund the Jarmans Gap Road improvements project between
Crozet Avenue and 0.597 miles east of Route 684 — Half Mile Branched Road.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
commits to provide $1.5 million of matching funds in its application for $1.0 million of revenue sharing funds
from the Virginia Department of Transportation Revenue Sharing Program and requests that the Virginia
Department of Transportation approve the County's application.
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ATTACHMENT 2
RESOLUTION APPROVING THE FIRST AMENDMENT TO THE DEED OF LEASE BETWEEN THE CITY OF
CHARLOTTESVILLE, THE COUNTY OF ALBEMARLE AND THE COMMONWEALTH OF VIRGINIA
DEPARTMENT OF HEALTH
WHEREAS, the City of Charlottesville and County of Albemarle jointly own the Health Department
property and building located at 1138 Rose Hill Drive leased to the Commonwealth of Virginia (Thomas
Jefferson Health Department); and
WHEREAS, the current lease authorizes the Health Department to license the Charlottesville Free
Clinic, which offers free or reduced cost medical care to qualifying residents of the community, to occupy 1,426
square feet of the Health Department facility; and
WHEREAS, the current lease, dated July 1, 1995, renews automatically unless either party terminates
the lease; and
WHEREAS, on January 7, 2009, the Albemarle County Board of Supervisors approved a request from
the Charlottesville Free Clinic to renovate approximately 2,800 square feet of office space located in the Health
Department facility to expand its office and dental clinic space; and
WHEREAS, the attached First Amendment to Deed of Lease extends the lease term to June 30, 2014
and consents to the execution of the License Agreement between the Health Department and the
Charlottesville Free Clinic for the Clinic's sole use of 3,386 square feet of the facility.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
authorizes the County Executive to sign, in a form approved by the County Attorney, the Amendment to the
Lease Agreement between the City of Charlottesville, the County of Albemarle and the Commonwealth of
Virginia Department of Health to allow for the expansion of the Charlottesville Free Clinic and to extend the
Health Department Lease through June 30, 2014.
N
ATTACHMENT
RESOLUTION OF INTENT
WHEREAS, home occupations, Class A, are permitted by right in the Rural Areas zoning district; and
WHEREAS, home occupations, Class B, are permitted by special use permit in the Rural Areas zoning
district; and
WHEREAS, several standard conditions have been imposed over the years in conjunction with the
approval of special use permits for home occupations, Class B; and
WHEREAS, County and applicant resources would be more efficiently used if the eligibility for a home
occupation was more fully delineated and if proposed home occupations, Class B, meeting specified criteria
were allowed by right in the Rural Areas zoning district, subject to supplementary regulations under Section 5 of
the Zoning Ordinance.
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 Zoning Ordinance §§ 3.1, 5 and 10 and any other regulations of the Zoning Ordinance deemed
appropriate to achieve the purposes described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the
zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of
Supervisors, at the earliest possible date.
9
ATTACHMENT 4
RESOLUTION OF INTENT
WHEREAS, churches are permitted by special use permit in the Rural Areas zoning district; and
WHEREAS, several standard conditions have been imposed over the years in conjunction with the
approval of special use permits for proposed churches and church structures, and minor changes to church
structures or uses; and
WHEREAS, although the term "churches" has a longstanding and consistent administrative
interpretation that includes all religious uses and religious structures, it may be desirable to expressly define the
term in the Zoning Ordinance; and
WHEREAS, the County's and the churches' resources would be more efficiently used if proposed
church structures and uses meeting specified criteria, and minor changes to church structures and uses, were
allowed by right in the Rural Areas zoning district, subject to supplementary regulations under Section 5 of the
Zoning Ordinance.
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 Zoning Ordinance §§ 5 and 10 and any other regulations of the Zoning Ordinance deemed
appropriate to achieve the purposes described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the
zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of
Supervisors, at the earliest possible date.
10
ATTACHMENT
Resolution of Endorsement
For
New Amtrak Passenger Rail Service through the Region
WHEREAS, Albemarle County, Charlottesville and the Central Virginia Region have enjoyed a rich
history of passenger rail service connecting the region to Northern Virginia and Washington, D.C.; and
WHEREAS, the railroads were vital to the growth of Central Virginia's economy and to the
development, strength and diversity of its educational, cultural and civic institutions; and
WHEREAS, these historical ties to Northern Virginia and Washington, D.C. continue to be critical to the
strength of our economy, to the health and vitality of our academic and research institutions, to our tourism
industry, and to Central Virginia's increasing role as host to federal defense agencies and their allied
contractors; and
WHEREAS, the Amtrak Crescent is the only daily passenger train connecting Charlottesville to
Washington, D.C. and the Northeast Corridor, supplemented three days a week by the Amtrak Cardinal; and
WHEREAS, neither of these Amtrak trains provides peak hour service to Northern Virginia and
Washington, D.C., nor do they, as part of Amtrak's national system, provide a sufficient level of on -time
performance to meet the needs of the business or non - business traveler who must arrive early in the day, arrive
on -time, and return the same evening; and
WHEREAS, in spite of these limitations, Charlottesville maintains one of the highest, most consistent
ridership levels of any Amtrak station in Virginia; and
WHEREAS, the Charlottesville Regional Chamber of Commerce found that 63 percent of its member
businesses regularly send employees to Northern Virginia and Washington, D.C. for business purposes, 84
percent of the time they travel there by car, and 66 percent said they would use a reliable passenger rail link if
one were available; and
WHEREAS, multiple state - funded studies over the past decade have identified Charlottesville -
Washington as the route segment having the greatest potential for ridership growth in the US29/1 -81 corridor;
and
WHEREAS, in a 2008 report to the Virginia Department of Rail and Public Transportation ( VDRPT),
Amtrak recommended new service in the Lynchburg -DC corridor "as soon as possible," describing it as
"underserved" and "a route segment that frequently sells out." and Amtrak proposed a new service structure,
along with a schedule; and
WHEREAS, both VDRPT and Amtrak expressed interest in providing peak hour service for
Washington -bound passengers; for example, Amtrak described the proposed schedule as offering "...a good
service pattern for business travel to Washington - a first for the region. "; and
WHEREAS, Central Virginians rallied around the Amtrak proposal, providing broad -based public input
to the Department of Rail and Public Transportation to demonstrate that current Amtrak service is not currently
meeting the region's needs, particularly for business and non - business travel to Washington, D.C.; and
WHEREAS, the City of Charlottesville and the Counties of Albemarle, Greene, Nelson, Fluvanna, and
Louisa unanimously joined twenty -two political subdivisions in the US29 corridor that executed a resolution of
support for the proposed Lynchburg -DC service; and
11
WHEREAS, on May 7, 2008, the Board of Supervisors of Albemarle County, Virginia, expressed
support for additional passenger rail service from Central Virginia to Washington, D.C. by adopting a
Resolution; and
WHEREAS, Governor Timothy M. Kaine has secured the necessary agreements with the host
railroads, Amtrak and Virginia Railway Express, and the Commonwealth Transportation Board has appropriated
the funds to operate Lynchburg -DC intercity passenger service for three years as a Demonstration Project; and
WHEREAS, VDRPT recently released the approved schedule for the Lynchburg -DC train, but this
schedule is not useful for the business traveler or for a day trip to Washington, D.C., having a 7:43 a.m.
departure from Lynchburg and 11:20 a.m. arrival in Washington; and
WHEREAS, according to DRPT, "...the actual schedule for the new trains was developed based on the
available time slots for new trains to be added in each corridor and compatibility with Amtrak Northeast Corridor
service schedules, as defined in the agreements executed with the applicable host railroads and Amtrak." ; and
WHEREAS, with the approved schedule, the Lynchburg -DC train will add to the rail options available
for recreational travelers and others making extended stays, but will perpetuate the existing situation wherein
passenger rail is of limited utility to the business, professional, academic, government and defense - related
sectors of the Charlottesville and Central Virginia region, and will not serve the citizens of the US29 corridor
who would choose the train for a day -trip to Washington, D.C. if an early morning arrival were available; and
WHEREAS, in order to demonstrate success and to justify future investments in the corridor, the
ridership for the Lynchburg -DC train must materialize;
NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors of Albemarle County, Virginia,
urges VDRPT to closely monitor ridership performance of the Lynchburg -DC train, providing origin and
destination figures during the first year to determine if it is meeting expectations, as well as support the conduct
of a comprehensive, valid market study to determine if a peak hour schedule, such as the schedule originally
published by Amtrak, would result in greater use of the service, as well as generate additional revenue; and
BE IT FURTHER RESOLVED, that the Board of Supervisors of Albemarle County, Virginia, urges
Governor Kaine, Secretary Homer and the VDRPT to do everything within the State of Virginia's legal power
and authority to negotiate additional, peak hour slots in Northern Virginia, including an appeal with the Surface
Transportation Board, if necessary, to mediate additional access for this and future trains serving the US29
corridor.
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ATTACHMENT
RESOLUTION
WHEREAS, SUB 2008 -100 (Wyant) is a plat proposing to subdivide Tax Map and Parcel Number
02600 -00 -00 -04200 into two lots as a family subdivision (hereinafter, the "plat "); and
WHEREAS, the plat fails to comply with several provisions of the Subdivision Ordinance as set forth
below.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
disapproves the plat because it fails to comply with County Code § 14- 212(C) because the Virginia Department
of Transportation (hereinafter, "VDOT ") did not approve the entrance of the principal means of access for each
lot (Old Breakheart Road) onto a public street (Slam Gate Road) because the intersection does not comply with
the applicable standards in 24 VAC 30 -71 -130 and 24 VAC 30 -71 -140. In order to comply with County Code §
14- 212(C), the subdivider must satisfy the sight distance criteria under 24 VAC 30 -71 -30 and the criteria for a
commercial entrance under 24 VAC 30 -71 -140 by obtaining a sight distance easement that is approved by
VDOT; and
BE IT FURTHER RESOLVED that the Board disapproves the plat because it fails to comply with
County Code § 14 -316 because the subdivider did not submit, prior to or with the plat, evidence satisfactory to
the subdivision agent that the entrance of the principal means of access for each lot (Old Breakheart Road)
onto an existing or proposed public street (Slam Gate Road) complies with applicable VDOT standards in 24
VAC 30 -71 -130 and 24 VAC 30 -71 -140. In order comply with County Code § 14 -216, the subdivider must
satisfy the sight distance criteria under 24 VAC 30 -71 -30 and the criteria for a commercial entrance under 24
VAC 30 -71 -140 by obtaining a sight distance easement that is approved by VDOT and submit satisfactory
evidence of that approval to the subdivision agent; and
BE IT FURTHER RESOLVED that the Board disapproves the plat because Old Breakheart Road
cannot be approved as a private street under County Code § 14- 232(B)(1) without the signatures of the owners
of the parcels composing Old Breakheart Road or over which that road traverses evidencing their consent to the
subdivision since Old Breakheart Road must be part of the subdivision. Without approval of Old Breakheart
Road as a private street, the lots proposed on the plat do not have the frontage required by County Code §§ 14-
400 and 14 -403 and County Code § 18- 4.6.1(a). In order to obtain approval of the plat, the subdivider must
obtain the signatures of such owners to allow Old Breakheart Road to be approved as a private street.
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ATTACHMENT 12
CONDITIONS OF APPROVAL
SP- 2008 -0025 EARLYSVILLE SERVICE CENTER RELOCATION
1. Development of the use shall be in accord with the conceptual plan titled "Special Use Permit
Earlysville Service Center, 4036 Earlysville Road Earlysville, VA 22936 ", prepared by DW Enterprises
and dated March 23, 2009 (hereafter, the "Conceptual Plan "), as determined by the Director of Planning
and the Zoning Administrator. To be in accord with the Concept Plan, development shall reflect the
following major elements within the development essential to the design of the development:
• The area designated for the special use (public garage);
• The size, height and location of the proposed building, including the shed, (no more than five
thousand, five hundred (5,500) square feet/maximum thirty -five (35) feet high);
• The location of the perimeter landscaping and limits of clearing, with the exception of minimum
clearing possible to install drainfields and utilities; and
• The number of parking spaces (maximum forty -six [46] spaces) and general location/
arrangement of the parking spaces.
2. A public garage use on the C -1 Commercial district portion of TMP 31 -14 shall be permanently
terminated upon issuance of a Certificate of Occupancy for the garage constructed with SP- 2008 -25;
3. Additional landscape materials, either replanted from the area to be cleared for the garage site or new
landscape materials, shall be installed in the undisturbed buffer area inside the boundary of the special
use permit as may be necessary to achieve very little visibility between the garage site and the public
right -of -way and adjacent properties, as depicted on Attachment B;
4. A minimum six (6) feet high fence shall be constructed in the location shown on Attachment B (twenty
[20] feet inside the special use permit boundary and outside the seventy -five [75] foot front setback) to
provide an additional buffer for the adjacent property (TMP 31 -14H);
5. The sale or rental of vehicles or other motorized equipment is prohibited;
6. Gasoline sales are prohibited;
7. The outdoor storage of parts, equipment, machinery and junk is prohibited. All storage shall take place
inside the storage shed and /or inside the building;
8. The sale or rental of vehicles or other motorized equipment is prohibited;
9. All repairing or equipping of vehicles shall take place inside the existing garage;
10. Parking of vehicles associated with the public garage shall take place only in the parking spaces
depicted on the Concept Plan;
11. The hours of operation shall be no earlier than 7:00 A.M. nor later than 10:00 P.M., Monday through
Friday and no earlier than 8:00 A.M. nor later than 1:00 P.M. on Saturdays. These hours do not prohibit
customers from dropping off vehicles before or after the permitted hours of operation;
12. A maximum of twelve (12) employees shall be permitted on -site at any one time;
13. All outdoor lighting shall be only full cut -off fixtures and shielded to reflect light away from all abutting
properties. A lighting plan limiting light levels at the north, west, and south property lines and the east
boundary of the area designated to the special use permit to no greater than 0.3 foot candles shall be
submitted to the Zoning Administrator or their designee for approval;
14. Approval from the Department of Environmental Quality shall be required prior to issuance of the
Certificate of Occupancy;
15. Approval from the Health Department shall be required prior to issuance of a building permit; and
16. If the use, structure, or activity for which this special use permit is issued is not commenced by August
5, 2016, the permit shall be deemed abandoned and the authority granted thereunder shall thereupon
terminate.
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ATTACHMENT 13
RESOLUTION
Whereas, the Virginia Soil and Water Conservation Board proposes to amend regulations associated
with the Virginia Stormwater Management Program (VSMP) and published the proposed regulations in the June
22, 2009 edition of the Virginia Register of Regulations; and
Whereas, the Albemarle County Board of Supervisors has repeatedly affirmed its commitment to
protect and preserve natural resources from degradation resulting from stormwater runoff by establishing
ordinance requirements that exceed state minimum standards; and
Whereas, Albemarle County recognizes that, as an MS4 community, we will be required by the
proposed regulations to implement a local storm -water management program; and
Whereas, these regulations provide the option for Albemarle County and regional partners, such as the
Rivanna River Basin Commission, to develop a comprehensive watershed stormwater management plan that
allows off -site nutrient offsets; and
Whereas, Albemarle County shares the Commonwealth's stated interest in promoting new urbanism as
expressed in §15.2- 2223.1 of the Code of Virginia; and
Whereas, local governments are currently under severe fiscal stress and any new unfunded mandate
will likely result in funding reductions for other public health and safety concerns; and
Whereas, §10.1 -603.3 of the Code of Virginia specifies local governments will not manage the VSMP
before October 2011, thus providing adequate time to further refine the proposed regulations; and
Whereas, the new channel protection standards may conflict with the Commonwealth's policy to
promote new urbanism as expressed in §15.2- 2223.1 of the Code of Virginia in part by promoting the
unintended consequences of reduced density and stale zoning:
Whereas, §4VAC50 -60 -96 of the proposed VSMP provides the possibility of using offsite credits in lieu
of onsite Best Management Practices (BMPs) for compliance with the water quality criteria requirements and
this practice may provide reasonable alternatives to cost prohibitive BMPs;
Now, Therefore, Be It Resolved, that the Albemarle County Board of Supervisors strongly
recommends the Virginia Soil and Water Conservation Board move forward expeditiously to develop this
program, providing that the fees associated with the proposed regulations adequately fund local governments'
responsibility for establishing the local program and the costs associated with ongoing inspections and
regulation of stormwater facilities; and
Be It Further Resolved, that the Albemarle County Board of Supervisors strongly recommends that the
Virginia Soil and Water Conservation Board, as part of expeditiously developing this program, provide clear and
unambiguous direction within §4VAC50 -60 -122 of the proposed regulations that a locality may include
consideration of circumstances where strict application of these regulations would be inconsistent with the
Commonwealth's interest in promoting urban development areas as envisioned by §15.2- 2223.1 of the Code of
Virginia and the locality's Comprehensive Plan.
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