HomeMy WebLinkAbout2008-06-11
I
BOARD OF SUPERVISORS
FIN A L
JUNE 11,2008
COUNTY OFFICE BUILDING
3:30 P.M.
ROOM 241
1 . Cc II to Order.
2. Di cussion and Action: ZTA-2007-005. Downtown Crozet District (DC D).
3. Di cussion and Action: ZMA-2008-002. Downtown Crozet District (DCD).
4. W prk Session: Policy Regarding Board Minutes.
5. F'Y07-FY10 Strategic Plan - June 2008 Update.
6. Recess.
6:00 P.M.
LANE AUDITORIUM
7. Ca I to Order.
8. PIE dge of Allegiance.
9. Me ment of Silence.
10. Fr< m the Board: Matters Not Listed on the Agenda.
11. Fr< m the Public: Matters Not Listed for Public Hearing on the Agenda.
12. Co~sent Agenda (on next sheet).
PUBLIC H ARINGS:
13. PR OJECT: SP-2007-056. Rivanna Plaza. PROPOSED: Drive thru lane for proposed retail building. ZONING
CP TEGORY/GENERAL USAGE: Highway Commercial (HC); EC Entrance Corridor Overlay. SECTION:
24.2.2(13) Special Use Permit, which allows for drive-in windows serving or associated with permitted uses.
C MPREHENSIVE PLAN LAND USE: Regional Service in Urban Area 1. LOCATION: Northwest side of
Se inole Trail (Rt 29) approximately 1,100 north of Wood brook Drive. TAX MAP/PARCEL: TMP 45-109 and 45-
11 C1. MAGISTERIAL DISTRICT: Rio. CONCURRENT PROJECT: SDP-2007-00137.
14. P OJECT: SP-2008-07. Lebanon Evan elical Presb terian Church Si n # 8 . PROPOSED: Special Use
Pe mit to bring an existing church into conformance with the zoning ordinance and to allow the construction of a
sto age building. ZONING CATEGORY/GENERAL USAGE: RA -- Rural Areas: agricultural, forestal, and fishery
us s; residential density (0.5 unit/acre). SECTION: 10.2.2 (35) church building and adjunct cemetery.
C MPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas - preserve and protect agricultural, forestal, open
sp ce, and natural, historic and scenic resources/density (.5 unit/ acre); Entrance Corridor Overlay. ENTRANCE
C RRIDOR: Yes. LOCATION: 8312 Brooksville Road; north side of Route 250 West; approximately .10 mile east
of lank Road; in the Greenwood area. TAX MAP/PARCEL: TMP 70-2; TMP 70-2A; TMP 70-3A. MAGISTERIAL
DI TRICT: White Hall.
15. PR JECT: ZTA-2007-001. Zero lot lines. PROPOSED: Amend Sections 3.1 (Definitions), 4.11.3 (Reduction of
bui ding separation and side yards) and its subsections, 14.3 (Area and bulk regulations, 15.3 (Area and bulk
reg lations), 16.3 (Area and bulk regulations), 17.3 (Area and bulk regulations), 18.3 (Area and bulk regulations)
of t e Zoning Ordinance (Chapter 18 of the Albemarle County Code). This ordinance would amend section 3.1 by
def ning "zero lot line" and "zero lot line development); section 4.11.3 and its subsections by revising the
reg lations for reduced side yard setbacks for primary structures not within zero lot line developments, adding
reg lations to allow reducing the minimum building separation or side yards for detached dwellings in zero lot line
de elopments to zero feet if there is adequate fire flow, and deleting a provision that grandfathered plats approved
pri r to January 1, 1983 from certain requirements of subsection 4.11.3.1; and would amend sections 14.3, 15.3,
16. ,17.3 and 18.3 by revising the respective district yard regulations to allow minimum side yards to be reduced
to ero feet on one side in qualifying zero lot line developments.
I
16. Tc consider an ordinance to amend Chapter 4, Animals and Fowl, of the Albemarle County Code, by adding
Ar icle IV, Animal Noise, section 4-601, Noise from animals; section 4-602, Complaints of animal noises; and
se~tion 4-603, Penalty for violation; making it unlawful for the owner or custodian of an animal to harbor an animal
wt ich disturbs the peace and quiet of any person in the County through frequent, excessive and untimely sounds.
n e proposed ordinance would not apply to lots zoned Rural Areas that are five acres or more in area and
ex~mpts noises made by livestock or poultry and noises made by animals in an animal shelter or commercial
kernel.
17. Frpm the Board: Matters Not Listed on the Agenda.
18. Ae'ourn to June 18, 2008,12:00 Noon, Room 241, Luncheon with School Board.
CONSENT AGENDA
FOR INFORMATION:
12.1 Ccpy of letter dated May 21,2008, from John Shepherd, Manager of Zoning Administration, to Kirk Hughes, L.S.
c/e Kirk Hughes & Associates, re: LOD-200B-010 - OFFICIAL DETERMINA TION OF PARCELS AND
DE. VELOPMENT RIGHTS - Tax Map 82, Parcel 4 (property of Hugh H. Taylor, G. Wayne Taylor, Virginia G.
Lej:lke, C. B. & N. D. Goddin) - Rivanna Magisterial District.
12.2 No ice from the Virginia State Corporation Commission providing copy of Application of Virginia Electric and Power
Company to revise its Fuel Factor pursuant to Virginia Code ~56-249.6 Case No. PUE-2008-00039.
12.3 W Idon Cooper Center Transfer of Development Rights (TDR) Stakeholders Dialogue.
FOR APPF OVAL:
12.4 Re~olution Supporting Study of Maintenance Dredging of the South Fork Rivanna Reservoir and Efforts to
Pr< mote Water Conservation.
I
BOARD OF SUPERVISORS
TENTATIVE
JUNE 11, 2008
COUNTY OFFICE BUILDING
3:30 P.M.
ROOM 241
1 . Cc II to Order.
2. Di cussion and Action: ZTA-2007-005. Downtown Crozet District (DCD).
3. Di cussion and Action: ZMA-2008-002. Downtown Crozet District (DCD).
4. Di cussion: Policy Regarding Board Minutes.
5. U~date, FY07-FY10 Strategic Plan.
6. Re cess.
6:00 P.M.
LANE AUDITORIUM
7. Ca I to Order.
8. PIE dge of Allegiance.
9. Me ment of Silence.
10. Fr< m the Board: Matters Not Listed on the Agenda.
11. Fr< m the Public: Matters Not Listed for Public Hearing on the Agenda.
12. Cohsent Agenda (on next sheet).
PUBLIC H ARINGS:
13. PROJECT: SP-2007-056. Rivanna Plaza. PROPOSED: Drive thru lane for proposed retail building. ZONING
CAITEGORY/GENERAL USAGE: Highway Commercial (HC); EC Entrance Corridor Overlay. SECTION:
24.~.2(13) Special Use Permit, which allows for drive-in windows serving or associated with permitted uses.
CC MPREHENSIVE PLAN LAND USE: Regional Service in Urban Area 1. LOCATION: Northwest side of
Se rninole Trail (Rt 29) approximately 1,100 north of Woodbrook Drive. TAX MAP/PARCEL: TMP 45-109 and 45-
11 C1. MAGISTERIAL DISTRICT: Rio. CONCURRENT PROJECT: SDP-2007-00137.
14. PRbJECT: SP-2008-07. Lebanon Evanaelical Presbyterian Church (Sian # 8\. PROPOSED: Special Use
Pe mit to bring an existing church into conformance with the zoning ordinance and to allow the construction of a
sto age building. ZONING CATEGORY/GENERAL USAGE: RA -- Rural Areas: agricultural, forestal, and fishery
USE s; residential density (0.5 unit/acre). SECTION: 10.2.2 (35) church building and adjunct cemetery.
COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas - preserve and protect agricultural, forestal, open
spc ce, and natural, historic and scenic resources/density (.5 unit/ acre); Entrance Corridor Overlay. ENTRANCE
CORRIDOR: Yes. LOCATION: 8312 Brooksville Road; north side of Route 250 West; approximately .10 mile east
of F lank Road; in the Greenwood area. TAX MAP/PARCEL: TMP 70-2; TMP 70-2A; TMP 70-3A. MAGISTERIAL
DI~ TRICT: White Hall.
15. PRbJECT: ZTA-2007-001. Zero lot lines. PROPOSED: Amend Sections 3.1 (Definitions), 4.11.3 (Reduction of
buil~ing separation and side yards) and its subsections, 14.3 (Area and bulk regulations, 15.3 (Area and bulk
reg(Jlations), 16.3 (Area and bulk regulations), 17.3 (Area and bulk regulations), 18.3 (Area and bulk regulations)
of t~e Zoning Ordinance (Chapter 18 of the Albemarle County Code). This ordinance would amend section 3.1 by
defining "zero lot line" and "zero lot line development); section 4.11.3 and its subsections by revising the
reg lations for reduced side yard setbacks for primary structures not within zero lot line developments, adding
reg lations to allow reducing the minimum building separation or side yards for detached dwellings in zero lot line
dev lopments to zero feet if there is adequate fire flow, and deleting a provision that grandfathered plats approved
prio to January 1, 1983 from certain requirements of subsection 4.11.3.1; and would amend sections 14.3, 15.3,
16. ,17.3 and 18.3 by revising the respective district yard regulations to allow minimum side yards to be reduced
to z ro feet on one side in qualifying zero lot line developments.
I
16. Tc consider an ordinance to amend Chapter 4, Animals and Fowl, of the Albemarle County Code, by adding
Ar icle IV, Animal Noise, section 4-601, Noise from animals; section 4-602, Complaints of animal noises; and
sef'tion 4-603, Penalty for violation; making it unlawful for the owner or custodian of an animal to harbor an animal
wt ich disturbs the peace and quiet of any person in the County through frequent, excessive and untimely sounds.
n e proposed ordinance would not apply to lots zoned Rural Areas that are five acres or more in area and
ex~mpts noises made by livestock or poultry and noises made by animals in an animal shelter or commercial
kernel.
17. Frpm the Board: Matters Not Listed on the Agenda.
18. Ae'ourn to June 18,2008,12:00 Noon, Room 241, Luncheon with School Board.
CONSENT AGENDA
FOR INFORMATION:
12.1 Copy of letter dated May 21, 2008, from John Shepherd, Manager of Zoning Administration, to Kirk Hughes, L.S.
c/e Kirk Hughes & Associates, re: LOD-200B-010 - OFFICIAL DETERMINA TlON OF PARCELS AND
DE. VELOPMENT RIGHTS - Tax Map 82, Parcel 4 (property of Hugh H. Taylor, g. Wayne Taylor, Virginia G.
Le~ke, C.B. & N.D. Goddin) - Rivanna Magisterial District.
12.2 No ice from the Virginia State Corporation Commission providing copy of Application of Virginia Electric and Power
Company to revise its Fuel Factor pursuant to Virginia Code ~56-249.6 Case No. PUE-2008-00039.
12.3 WE Idon Cooper Center Transfer of Development Rights (TDR) Stakeholders Dialogue.
FOR APPF OVAL:
12.4 Re~olution Supporting Study of Maintenance Dredging of the South Fork Rivanna Reservoir and Efforts to
Prc mote Water Conservation.
ACTIONS
Board of Supervisors Meeting of June 11, 2008
June 12, 2008
AGENDA ITEM/ACTION ASSIGNMENT
1 . Call to Order.
. Meeting was called to order at 3:31 p.m., in
Room 241, by the Chairman, Mr. Boyd. All BOS
members were present. Also present were Bob
Tucker, Larry Davis, Ella Jordan and Meagan
Hoy.
2. Discussion and Action: ZTA-2007-005. Downtown Clerk: Forward copy of adopted ordinance to
Crozet District (DCD). County Attorney's office and Community
. ADOPTED ZTA-2007-005 [Ordinance #08- Development. (Attachment 1)
18(3)], by a vote of 6:0.
3. Discussion and Action: ZMA-2008-002. Downtown Clerk: Forward copy of adopted resolution to
Crozet District (DCD). County Attorney's office and Community
. APPROVED ZMA-2008-002, by a vote of 6:0, as Development. (Attachment 2)
reflected in Resolution and shown on the
boundary map dated June 2008. Bruce Woodzell: Provide information.
. Requested a report back to the Board in Spring
2009 on how the assessments have changed
once the Real Estate Department recognizes
new zoning.
4. Work Session: Policy Regarding Board Minutes. County Executive/Clerk: Move forward as
. MOVED, 5: 1 ((Boyd), that the Board reaffirm its approved.
commitment to near-verbatim minutes, and in an
effort to get caught up with the eight month
backlog and to insure moving forward in
producing the minutes in a two-month timely
basis, the Board agree in principle to increase the
Clerk's budget by as much as $35,000 from the
Board's reserve, subject to Mr. Tucker bringing
an appropriation back to the Board.
5. FY07-FY10 Strategic Plan - June 2008 Update. Lori Allshouse: Proceed as directed.
. Requested staff collaborate with the Jail as part
of strategic development.
. Supported the updated Strategic Plan and the
addition of the proposed public safety strategic
obiective as recommended by staff.
6. Recess.
. At 5:07 p.m., the Board went into Closed Meeting
i pursuant to Section 2.2-3711 (A) of the Coe of
Virginia under Subsection (1) to conduct an
administrative evaluation.
7. Call to Order.
. Meeting was called back to order at 6:07 p.m., by
the Chairman, Mr. Boyd, at which time the Board
certified the Closed Meeting.
10. From the Board: Matters Not Listed on the Agenda.
Ann Mallek:
. Residents in Crozet should contact her or Donna
Shaunesey at JAUNT if they have an interest in
commuter bus service from Crozet to
Charlottesville.
. Suggested Board members speak with their
representatives on the ACSA to consider qoinq to
1
more detailed minutes of their meetings, and to
make sure the ACSA minutes are forwarded to
the Board on a regular basis.
. Asked for information on a regularly basis about
sales tax receipts as the economy goes forward.
Dennis Rooker:
. Mentioned the upcoming transportation special
session of the General Assembly whereby they
will be looking at cuts to transportation funding.
He asked for Board support in drafting a letter to
the Legislators sending an analysis of how these
bills would affect the County.
Sally Thomas:
. There was a RideShare event held in the County
Office Buildings yesterday (June 10), and it went
very well. She encouraged the public to contact
RideShare if they have a need for it.
11. From the Public: Matters not Listed on the Agenda.
. Bernard Williams asked the Board to vote in favor
of dredging the Rivanna Reservoir, and to also
look at routine maintenance of all water facilities
and resources.
. Nicholas Lang suggested enlarging the Ragged
Mountain Reservoir and regular maintenance of
the South Fork Rivanna River.
. Margareta Douglas of Rivanna Farm urged the
Board to conduct a maintenance study of the
Reservoir.
. Sam Freilich, Thomas Jones, Karen Pape and
Kevin Lynch spoke in support of dredging the
Reservoir.
12. Resolution Supporting A Study of the Maintenance of Clerk: Forward resolution to Rivanna Water
the South Fork Rivanna Reservoir and Efforts to and Sewer Authority and the City of
Promote Water Conservation. Charlottesville.
. ADOPTED, by a vote of 6:0, the attached (Attachment 3)
resolution.
13. PROJECT: SP-2007-056. Rivanna Plaza. Clerk: Set out conditions of approval.
. APPROVED SP-2007-056, by a vote of 6:0, (Attachment 4)
subject to the two conditions recommended by
the Planning Commission and staff.
14. PROJECT: SP-2008-07. Lebanon Evanaelical Clerk: Set out conditions of approval.
Presbyterian Church (Sian # 8). (Attachment 4)
. APPROVED, SP-2008-007, by a vote of 6:0,
subject to the five conditions recommended by
the Planning Commission and staff and modified
at the Board meeting.
15. PROJECT: ZTA-2007-001. Zero Lot Lines. Clerk: Set out adopted Ordinance and
. ADOPTED ZTA-2007-001, by a vote of 6:0, forward signed copy to County Attorney's
amendment dated May 6, 2008. office and Community Development.
(Attachment 5)
16. Public Hearina: To consider an ordinance to Clerk: Set out adopted Ordinance and
amend Chapter 4, Animals and Fowl, of the forward signed copy to County Attorney's
Albemarle County Code. office and Police Department. (Attachment 6)
. ADOPTED Ordinance 08-4(1), by a vote of 4:2
(Boyd, Dorrier) as modified at the Board meeting.
. Board requested a progress report in one year.
17. From the Board: Matters Not Listed on the Agenda.
Sally Thomas:
2
. Asked about consent agenda item #12.2,
(Application of Virginia Electric and Power
Company) and if this would raise individual home
owner's electric bill. Mr. Davis responded that
staff does not provide an analysis of these type
issues. Ms. Thomas suggested asking V ACo to
study it.
Ann Mallek:
· Asked for a report on the Airport and Chris Green
Lake, specifically on environmental quality and
the water quality of Chris Green. She also has
concerns/questions about the runway extension,
and would like an update on the grade when it is
available.
18. Adjourn to June 18, 2008, 12:00 noon, Room 241, for
Luncheon with School Board.
· At 9:31 p.m., the Board moved to adjourn to June
18, 2008, 12:00 noon for quarterly luncheon with
School Board.
e,^ '/mrh
Attachment 1 - ZTA-2007-005 - Ordinance #08-18(3)
Att~chment 2 - ZMA-2008-002 - Resolution
Att~chment 3 - Resolution Supporting A Study of the Maintenance of the South Fork Rivanna Reservoir
and Efforts to Promote Water Conservation
Attfilchment 4 - Conditions of Approval - Planning Items
Attfilchment 5 - Ordinance - ZTA-2007-001. Zero Lot Lines
Att~chment 6 - Ordinance 08-4(1)
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Attachment 1
ORDINANCE NO. 08-18(3)
A ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, AND
A TICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
B IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
20 ing, Article I, General Regulations, and Article III, District Regulations, are hereby amended and
re rdained as follows:
Definitions
Purpose and intent
Permitted uses
Area and bulk regulations
Parking
Landscaping
Outdoor lighting
Sidewalks and street trees
Chapter 18. Zoning
Article I. General Provisions
Se . 3.1 Definitions
Cu tural arts center. An establishment for the presentation of art, scientific, cultural or historical materials,
mu ic, or live theatrical or musical productions, and which may include but are not limited to museums,
no commercial art galleries, arboreta, aquariums, botanical or zoological gardens, auditoriums, and
mu ic conservatories.
Ou door performance area: A place of open-air (outdoor) assembly, consisting of a central space or stage
for performances, which may be open to the sky or partially covered or enclosed.
Re earch and development: A facility primarily used for the administration and conduct of investigation,
ex mination, prototype production, experimentation, testing, and/or training aimed at the discovery and
int rpretation of facts, theories, and/or the practical application of the above to products or processes.
Ste back: A building setback of a specified distance that occurs at a prescribed number of stories or feet
ab ve the ground.
Sto : That portion of a building, having more than one-half (1/2) of its height above grade, included
be een the surface of any floor and the surface of the floor next above it. If there be no floor above it,
the space between the floor and the ceiling next above it.
4
Article III. District Regulations
Section 20B Downtown Crozet District - DCD
.20B.1 Purpose and intent
The purpose of the Downtown Crozet District (hereinafter referred to as the "DCD") is to establish
a istrict in which traditional downtown development, as described for the CT6 Urban Core and CT5
Ur an Center transects in the Crozet master plan, will occur.
To these ends, the DCD provides for flexibility and variety of development for retail, service, and
civ c uses with light industrial and residential uses as secondary uses. The regulations for the DCD are
int nded to promote a development form and character that is different from typical suburban
de elopment allowed by conventional zoning, and are also intended to: (i) promote the economic and
so ial vitality and diversity of downtown Crozet; (ii) implement the Crozet master plan for the downtown
ar a of Crozet so that it may serve as the commercial hub of Crozet and its environs; (iii) provide a
gr ater mix of uses in downtown Crozet, including increased employment; (iv) facilitate infill and
re evelopment; (v) increase the utility of the land; (vi) retain the uniquely diverse character of Crozet; and
(vii) promote a pedestrian-friendly environment.
These regulations are intended to provide maximum flexibility in establishing uses and structures
in rder to implement the relevant policies of the Crozet master plan. Accordingly, although the DCD
pe mits uses that are commercial and light industrial in character, neither sections 21 nor 26 of this
ch pter apply to the DCD.
. 20B.2 Permitted uses
The following uses shall be permitted in the DCD, subject to the regulations in this section:
A. By right uses; retail and service. The following retail and service uses are permitted by
right:
1. Antique, gift, jewelry, notion and craft shops.
2. Automobile, truck repair shops excluding body shops.
3. Barber, beauty shops.
4. Clothing, apparel and shoe shops.
5. Commercial recreation establishments including, but not limited to, amusement
centers, bowling alleys, pool halls and dance halls.
6. Convalescent homes (reference 5.1.13).
7. Convenience stores.
8. Department stores.
9. Drug stores, pharmacies.
10. Factory outlet stores, clothing and fabric.
11. Farmers' markets (reference 5.1.36).
12. Feed and seed stores (reference 5.1.22).
13. Financial institutions.
14. Fire extinguisher and security products sales and service.
5
15. Florists.
16. Food and grocery stores including such specialty shops as bakery, candy, milk
dispensary and wine and cheese shops.
17. Funeral homes.
18. Furniture and home appliances sales and service.
19. Hardware stores.
20. Health spas.
21. Hotels, motels and inns.
22. Indoor athletic facilities.
23. Laboratories, medical or pharmaceutical.
24. Laundries, dry cleaners.
25. Musical instrument sales and repair.
26. New automotive parts sales.
27. Newspaper publishing.
28. Newsstands, magazines, pipe and tobacco shops.
29. Nursing homes (reference 5.1.13).
30. Office and business machines sales and service.
31. Optical goods sales and service.
32. Photographic goods sales and service.
33. Research and development activities, including experimental testing, subject to
the performance standards stated in section 4.14 of this chapter.
34. Restaurants.
35. Retail nurseries and greenhouses.
36. Service stations.
37. Sporting goods sales.
38. Tailors and seamstresses.
39. Temporary construction uses (reference 5.1.11).
40. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
41. Tourist lodging.
42. Visual and audio appliances.
6
B. By right uses; office. The following office uses are permitted by right:
1. Medical centers.
2. Offices.
3. Temporary construction uses (reference 5.1.11).
C. By right uses; public and civic. The following public and civic uses are permitted by right:
1. Churches.
2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
3. Conference centers, outdoor auditoriums, public art or kiosks.
4. Cultural arts centers.
5. Day care centers (reference 5.1.06).
6. Electric, gas, oil and communication facilities, excluding tower structures and
including poles, lines, transformers, pipes, meters and related facilities for
distribution of local service and owned and operated by a public utility. Water
distribution and sewerage collection lines, pumping stations and appurtenances
owned and operated by the Albemarle County Service Authority. Except as
otherwise expressly provided, central water supplies and central sewerage
systems in conformance with Chapter 16 of the Code of Albemarle and all other
applicable law.
7. Fire and rescue squad stations (reference 5.1.09).
8 Libraries.
9. Outdoor performance areas.
10. Parking structures and stand alone parking structures (reference 4.12 and
5.1.41).
11. Private schools.
12. Public uses and buildings including temporary or mobile facilities such as
schools, offices, parks, playgrounds and roads funded, owned or operated by
local, state or federal agencies (reference 31.2.5); public water and sewer
transmission main or trunk lines, treatment facilities, pumping stations and the
like, owned and/or operated by the Rivanna Water and Sewer Authority
(reference 31.2.5, 5.1.12).
13. Temporary construction uses (reference 5.1.11).
14. Theaters, live and movie, including multi-screen movie theaters.
D. By right uses; residential. The following residential uses are permitted by right, provided
tha the first floor of the building in which the residential use exists is designed for and occupied only by a
us permitted by subsections 20B.2(A), (B), (C) or (E):
1. Apartments, either as a single-family dwelling or as a multiple-family dwelling.
7
2. Attached single-family dwellings such as townhouses.
3. Boarding houses.
4. Condominiums.
5. Group homes (reference 5.1.07).
6. Tourist lodging within detached single-family dwellings existing on June 4,2008.
7. Dwellings occupied by the owner or employees of a permitted commercial use,
and their families (reference 5.1.21).
E. By special use permit. The following uses are permitted by special use permit:
1. Body shops (reference 5.1.31).
2. Buildings more than fifty (50) feet or four stories in height, up to seventy (70) feet
or six (6) stories in height, provided the increased height allows the provision of a
demonstrated public benefit, such as providing affordable housing or parking.
3. Buildings one story in height.
4. Car washes.
5. Compounding of drugs, including biological products, medical and chemical as
well as pharmaceutical.
6. Detached single-family dwelling, provided that there is no other use permitted by
subsections 20B.2(A), (B), (C) or (E) on the same lot.
7. Drive-in windows.
8. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12).
9. Hospitals.
10. Manufacturing, processing, fabricating, assembling, and distributing products
including, but not limited to:
-Artists' supplies and equipment.
-Business, office machines and equipment.
-Cosmetics, including perfumes, perfumed toiletries and perfumed toilet soap.
8
-Drafting supplies and equipment.
-Electrical lighting and wiring equipment.
-Electrical and electronic equipment and components including radio, telephone,
computer, communication equipment, TV receiving sets, phonographs.
-Food products, such as bakery goods, dairy products, candy, beverages,
including bottling plants.
-Gifts, novelties including pottery, figurines and similar ceramic products.
-Glass products made of purchased glass.
-Industrial controls.
-Jewelry, silverware.
-Light machinery and machine parts, including electrical household appliances
but not including such things as clothes washers, dryers and refrigerators.
-Musical instruments.
-Paper products such as die-cut paperboard and cardboard, sanitary paper
products, bags and containers.
-Photographic equipment and supplies including processing and developing
plant.
-Rubber, metal stamps.
-Small electrical parts such as coils, condensers, transformers, crystal holders.
-Surgical, medical and dental instruments and supplies.
-Toys, sporting and athletic equipment, except firearms, ammunition or fireworks.
-Watches, clocks and similar timing devices.
-Wood cabinets and furniture, upholstery.
11. Publishing, printing, lithography and engraving, including but not limited to
newspapers, periodicals and books.
12. Preparation of printing plates including typesetting, etching and engraving.
13. Stand-alone parking (reference 4.12).
14. Storage yards.
15. Tier III personal wireless service facilities (reference 5.1.40).
16. Towing and storage of motor vehicles (reference 5.1.32).
9
I
17. Veterinary offices and animal hospitals.
F. Accesso'Y uses and structures. Accessory uses and structures are permitted, including but
no limited to: (i) home occupations, Class A and Class B (reference 5.2) for primary residential uses; (ii)
ste rage buildings for primary residential and non-residential uses; (iii) outdoor performance areas for
prijnary cultural arts center uses; and (iv) prototype manufacturing for research and development uses.
Se~. 20B.3 Area and bulk regulations
Area and bulk regulations within the DCD are as follows:
A. Area and bulk regulations, generally. Any buildings, structures and improvements
es lablished on and after June 11,2008 and to which subsection 20B.3(B) does not apply, shall be subject
to he following area and bulk regulations and subsections 20B.3(C) through (J):
Bu Iding Setbacks (See Figure 1)
Front-Minimum
Front-Maximum
Side-Minimum except from accessway or alley
Side-Minimum from accessway or alley
Side-Maximum (See Figure 2)
Refilr (Minimum)
Pa king Setbacks
I=ront-Minimum-As a primary use (stand alone
parking)
~ront-Minimum-As an accessory use
Side-Minimum-As a primary use (stand alone
barking)
Side-Minimum-As an accessory use
Rear (Minimum)
Step backs (See Figure 4)
ront-Minimum
Bui ding fa9ade breaks (See Figure 3)
ront-Minimum
1 foot
10 feet, except up to 20 feet with administrative
modification (See subsection 20B.3(H)
o feet
3 feet, except 1 foot within a building fa9ade
break
20 feet, except with administrative waiver (See
subsection 20B.3(H))
o feet
See also subsection 20B.3(C) for corner lots
Same as maximum front building setback (10
feet, except up to 20 feet with modification (See
subsection 20B.3(J))
No closer to the right-of-way than any existing or
proposed primary structure on the lot. Parking
areas shall be located to the rear and/or side of
the primary structures, as viewed from the right-
of-way to which the lot abuts. On corner lots, the
parking areas shall be located to the side or rear
of the primary structure, and not between the
structure and any rights-of-way that intersect at
the corner.
o feet
3 feet
o feet
Floors above 40 feet or the third story shall be
stepped back a minimum of 15 feet
Every 200 linear feet (See section 20B.3(E)),
except with administrative waiver (See section
20B.3(H))
10
I
Lo size
Minimum
DE nsity
Residential-Maximum
Fr ~ntage
Minimum
Building Height (See Figure 4)
Minimum height-by right
Minimum height-by special use permit
Maximum height -by right
Maximum height-by special use permit
1500 square feet
36 dwelling units per acre
None
30 feet or 2 stories
1 story
50 feet or 4 stories
70 feet or 6 stories
B. Area and bulk regulations, pre-existing buildings, structures and improvements.
Ne twithstanding subsections 6.3(A)(1) and (3), and subsection 20B.3(A) of this chapter, any building or
str~cture established before, and existing on, June 11, 2008, may be extended or enlarged without
co Inplying with the maximum front and maximum side yard setbacks and the minimum front yard setback
for parking as an accessory use.
C. Corner lots; determination of front and other sides. Notwithstanding sections 4.6.2(b) and
4.E .3 of this chapter to the extent they determine when front yard setbacks apply, for purposes of
de ermining setbacks the director of planning (the "director") shall determine which side of a corner lot
ab~tting a street shall be the front based upon the prevailing building pattern that has developed in the
vic nity of the lot, and shall then determine which other sides will be the sides and rear of the lot.
D. Minimum standards for a building faqade break. Each building fa9ade break shall provide
eit er pedestrian access or motor vehicle and pedestrian access to the side and/or rear of the building on
the same lot. A building fa9ade break providing only pedestrian access shall be a sidewalk having a
mi imum width of five (5) feet. A building fa9ade break providing both motor vehicle and pedestrian
ac ess shall have a travelway at least twelve (12) feet in width and a sidewalk on at least one side having
a r~inimum width of five (5) feet. The travelway and the sidewalk shall be designed and constructed to
the applicable standards in the design standards manual. Buildings separated by a building fa9ade break
sh II have a minimum separation of the width of the pedestrian access or motor vehicle and pedestrian
aCI ess at all points above the ground. See Figure 3.
E. Bui/ding entrances. Each building abutting a street shall have a primary entrance from
eitt er the front or side of the building. A building also may have secondary entrances on the side or rear
of l1e building. If the primary entrance is located on the side of a building, its doors shall face the front of
the building.
F. Stories. For the purposes of this section 20B, each story shall be visibly discernible from
the street and be composed of habitable space and/or occupiable space, as defined by the Virginia
Un form Statewide Building Code. Visibly discernible stories shall be achieved through the use of
wir dows or building entries on each story, using varied building materials, special ground-floor design
tre tments, or other fa9ade elements or other architectural details. In accordance with the procedures
sta ed in subsection 20B.3(H), the director may waive the requirement that windows, building entries or
other fa9ade elements be used to make each story visibly discernible if the applicant demonstrates to the
sat sfaction of the director that the use of other architectural details would render the stories visibly
dis ernible to an equivalent degree.
G. No structures within easements within setbacks. No structures shall be established
wit in easements located within setbacks.
H. Modifications or waivers to change maximum setbacks or minimum building faqade
bre'f1k. In accordance with the procedures stated in subsection 20B.3(1), the director may modify the ten
(10 foot front building setback and authorize the front building setback to be increased to up to twenty
(20 feet, may waive the maximum side yard setback and establish a different setback, and may waive
11
th minimum building fagade break and establish a different minimum building fagade break. The director
m y grant a waiver or modification in the following circumstances: (i) to allow outdoor cafe seating; (ii) to
ac ommodate public spaces and plazas; (iii) where topography, easements, or unusual physical
co ditions make compliance with the requirement impracticable; (iv) where the required sidewalk and
str et trees are located on the lot instead of in a public right-of-way; (v) the strict application of the
re uirement would not further the purposes of this chapter or otherwise serve the public health, safety or
w Ifare, and the waiver or modification would better achieve the goals of the comprehensive plan or
pr vide a design that better meets the purpose and intent of the DCD; or (vi) the waiver or modification
w uld allow the building to be consistent with the prevailing building pattern that has developed in the
vic nity of the lot.
I. Procedure for administrative modifications and waivers. Applications for modifications or
waivers (collectively, "waivers") authorized to be reviewed and acted upon by the director or the agent
(c lIectively, the "director"), as applicable, pursuant to this section 20B shall be reviewed and acted upon
ac ording to the following procedure:
1. Application. The applicant shall file a written request with the department of
co munity development stating why one or more of the applicable circumstances exist or criteria are
sa isfied to allow the waiver to be granted.
2. Action by the director. The director shall act on the waiver request in conjunction
wit the county's action of the site plan, subdivision plat or special use permit or, if no such action is
re uired, within thirty (30) days of the date the application was submitted and determined to be complete.
Th director may grant the waiver if he or she determines that one or more applicable circumstances exist
or riteria are satisfied. In granting a waiver, the director may impose conditions deemed necessary to
pr tect the public health, safety, or welfare. If review of a site plan or subdivision plat by the commission
is quested, the agent may either act on the waiver or defer action and allow the commission to act on
th waiver as part of its consideration of the plan or plat, in which case the commission shall have the
sa e authority as though it were considering the waiver on appeal.
3. Appeal to the commission or the board. The denial of a waiver, or the approval
waiver with conditions objectionable to the applicant, may be appealed from the director to the
co mission and from the commission to the board, as the case may be, as an appeal of a denial of the
pia, as provided in section 14-226 of the Code, or the site plan, as provided in sections 32.4.2.7 or
32. .3.9 of this chapter, to which the waiver pertains. If subdivision plat or site plan approval is not
re uired, the applicant may file a written appeal with the clerk of the board of supervisors within ten (10)
da s of the date of the written action by the director or the commission. A waiver considered by the
co mission in conjunction with an application for a special use permit shall be subject to review by the
bo rd of supervisors without the filing of an appeal. In considering a waiver on appeal, the commission or
the board may grant or deny the waiver based upon its determination of whether one or more applicable
cir umstances exist or criteria are satisfied, amend any condition imposed by the director or the
co mission, and impose any conditions deemed necessary to protect the public health, safety, or
we fare.
J. Waiver to allow alternative location of parking area. The parking area setback
irements in subsection 20B.3(A) may be waived as follows:
1. Consideration by commission. The commission may waive the parking area
set ack requirements in subsection 20B.3(A) and allow a parking area to be located between a street and
a p imary structure, subject to reasonable conditions that it may impose, upon a finding that:
a. There are unusual physical conditions on the lot or an adjoining lot
incl ding, but not limited to, the location of existing structures and parking areas, steep topography or
oth r environmental features, narrowness or shallowness or the size or shape of the lot that make it
im ossible or unfeasible to provide parking to the side or rear of a primary structure;
b. The potential safety of patrons and employees cannot be achieved with
quate lighting and other reasonable design solutions; or
12
c. The strict application of the applicable regulations in subsection
.3(A) would not further the purposes of this chapter or otherwise serve the public health, safety,
or elfare or achieve the goals established in the comprehensive plan.
2. Consideration by the board of supervisors. The board of supervisors may
sider a request under this subsection only as follows:
a. The denial of the request, or the approval of the request with conditions
ob ectionable to the applicant may be appealed to the board of supervisors as an appeal of the plat, as
pr vided in section 14-226 of the Code, or a denial of the site plan, as provided in sections 32.4.2.7 or
32 4.3.9 of this chapter, to which the waiver pertains. If subdivision plat or site plan approval is not
re uired, the applicant may file a written appeal with the clerk of the board of supervisors within ten (10)
da s of the date of the written action by the director or the commission. A waiver considered by the
co mission in conjunction with an application for a special use permit shall be subject to review by the
bo rd of supervisors without the filing of an appeal.
b. In considering a request, the board may grant or deny the request based
n the findings set forth in subsection 20B.3(J)(1), amend any condition imposed by the commission,
impose any conditions it deems necessary for the reasons set forth in subsection 20B.3(J)(1).
. 20B.4 Parking
The parking, stacking and loading requirements stated in section 4.12 of this chapter shall apply
in he DCD, subject also to the following:
A. No maximum number of spaces. Notwithstanding section 4.12.4(a), there shall be no
lim tation on the maximum number of parking spaces that may be provided.
B. Minimum number of parking spaces. Notwithstanding sections 4.12.6 and 4.12.7, except
wh n shared parking is approved as provided in subsection 20B.4(C) below, the following schedule shall
Iy to determine the minimum number of off-street parking spaces required to be provided:
1. Residential uses: One (1) space for each dwelling unit having one (1) bedroom;
(2) spaces for each dwelling unit having two (2) or more bedrooms.
2. Non-residentia/ uses: For all non-residential uses other than convalescent
ho es and nursing homes, one (1) space per one thousand (1,000) square feet of net floor area. For
co valescent homes and nursing homes, one (1) space per each five (5) bedrooms plus one (1) space
pe employee per shift, or as otherwise provided in a parking study submitted by the applicant and
re iewed and approved by the zoning administrator. For the purposes of this subsection, "net floor area"
sh II be deemed to be: (a) eighty (80) percent of the gross floor area; or (b) at the request of the
ap licant, the actual floor area as shown on floor plans submitted by the applicant, delineating the actual
net floor area, which plans shall be binding as to the maximum net floor area used.
3. Non-residential uses; bicycle parking spaces: For non-residential uses, one (1)
bic cle parking space per ten (10) automobile parking spaces required.
C. Shared parking. Notwithstanding section 4.12.1 O(d), the aggregate number of parking
sp ces required for all uses participating in the shared parking shall not be reduced by more than
se enty-five (75) percent. Within the DCD, the term "nearby lot" as used in section 4.12.10 means a lot
wit in the DCD or a lot within one-quarter (1/4) mile of the lot with which parking will be shared.
D. Screening from public streets. Each parking area having more than five (5) spaces that
ts or is visible from one or more public streets abutting the lot on which the parking area is located
sh II be screened from the streets with continuous evergreen shrubs or opaque walls comprised of
ma erials such as, but not limited to, masonry or board, at a height not to exceed four (4) feet, or by a
co bination of evergreen shrubs and opaque walls. Opaque walls shall be augmented with landscape
ve etation such as shrubbery, trees, or other vegetation approved by the agent. If evergreen shrubs are
us d as the screen, the shrubs shall measure at least twenty-four (24) inches in height at the time of
13
pi nting, and at maturity shall be three (3) to five (5) feet in height. Evergreen shrubs shall be planted
be ween three (3) and five (5) feet on-center, depending upon the species selected. See Figure 5.
E. Landscaping. The requirements of subsection 32.7.9.7(a) and (b) of this chapter shall
ap Iy only to parking areas having more than twenty-five (25) spaces. Subsection 32.7.9.7(c) of this
ch pter shall not apply to parking areas within the DCD. See Figure 6.
c. 20B.5 Landscaping
For each development requiring approval of a site plan under section 32 of this chapter, the
dscaping requirements in the DCD shall be as follows:
A. Screening. Notwithstanding subsections 32.7.9.8(a) and 32.7.9.8(c)(1) of this chapter,
th rear of each lot shall be screened from any abutting lot containing single-family detached or attached
d elling units, or any abutting lot in a residential or the rural areas zoning district. See Figures 7 and 8.
Th required screening shall consist of vegetative screening, an opaque wall or fence, or alternative
ve etative screening, as provided below, to the reasonable satisfaction of the agent:
1. Vegetative screening. If only vegetative screening is provided, the screening
str p shall be at least twenty (20) feet in depth. Vegetative screening shall consist of a double staggered
ro of evergreen trees planted fifteen (15) feet on center, or a double staggered row of evergreen shrubs
pi nted ten (10) feet on center.
2. Opaque wall or fence. If an opaque wall or fence is provided, it shall be a
imum of six (6) feet in height and plantings may be required by the agent at intervals along the fence
all.
3. Alternative vegetative screening. The agent may approve alternative methods of
ve etative screening that better meet the intent to screen commercial uses from residential uses and
dis ricts. In approving alternative vegetative screening, the agent shall make the approval in writing and
st te the reason for approving the alternative.
B. Tree canopy. Subsection 32.7.9.9 of this chapter shall not apply within the DCD.
. 20B.6 Outdoor lighting
Notwithstanding subsection 4.17 .4(b)( 1) of this chapter, the spillover of lighting from first-story
lu inaries from non-residential uses in the DCD onto public streets and onto other non-residential uses is
pe mitted, provided that the Virginia Department of Transportation approves the spillover of light onto
pu lic street rights-of-way.
.20B.7 Sidewalks and street trees
For each development requiring approval of a site plan under section 32 of this chapter,
sid walks and
str et trees in the DCD shall be provided as follows:
A. Sidewalk design. Each sidewalk proposed to be accepted for maintenance by the
Vir inia Department of Transportation shall be designed and constructed according to Virginia
De artment of Transportation standards or to the standards in the design standards manual, whichever is
gre ter. Each sidewalk proposed to be privately maintained shall be constructed using concrete,
de igned so that no concentrated water flow runs over them, and otherwise satisfy the standards in the
de ign standards manual. Each sidewalk on Crozet Avenue, Three Notch'd Road and the street
ide tified in the Crozet master plan as the new Main Street shall be at least ten (10) feet wide. All other
sid walks shall be at least eight (8) feet wide. See Figure 9.
B. Sidewalk ownership. Each sidewalk, including street trees, proposed to be accepted for
ma ntenance by the Virginia Department of Transportation, shall be dedicated to public use. Each
sid walk, including street trees, proposed to be privately maintained, shall be maintained by the owner of
14
th lot on which the sidewalk and street trees exist or an owners association that is obligated to maintain
th sidewalk and street trees. The agent may require that a sidewalk proposed by the developer to be
pri ately maintained instead be dedicated to public use if the agent determines that the sidewalk serves a
pu Iic purpose and there is a need for the sidewalks to be publicly owned and maintained.
C. Street trees. Notwithstanding section 32.7.9.6 of this chapter, street trees shall be
pi nted within grates on each sidewalk or in a planting strip abutting the sidewalk, spaced at a minimum
of enty-five (25) and a maximum of forty (40) feet on center and the distance of each tree from the edge
of he sidewalk shall be approved by the agent. Street trees shall be selected from a current list of
re om mended large shade trees, subject to the approval of the agent when site conditions warrant
m dium shade trees. See Figure 9.
D. Waivers from sidewalk requirements. In accordance with the procedures stated in
su section 20B.3(1), the agent may waive the requirements for a sidewalk and/or street trees where the
de eloper demonstrates that: (i) the Virginia Department of Transportation prohibits establishing
sidewalks and/or planting street trees; or (ii) existing utility easements prohibit establishing sidewalks
an lor planting street trees.
Figures
Fi ures 1 through 9 are for illustration purposes only. If there is a conflict or inconsistency between a
re ulation in section 20B to which a Figure pertains and the Figure itself, the regulation is controlling. In
ad ition, Figures 1 through 9 merely illustrate specific requirements and do not show all applicable
re uirements of section 20B.
Figure 1: Front setbacks
'H~~JJ?
,;~.1'\;'
,.,I('~',.,:""
:'. '.f:~'~~~'::
. ,
it
/
I 0' . ,) .'
. m...",...u..'\' '.;' ;7""..0.
~ ..,.........1': .+:::--'1',
. '"'- .7""--. .
~'~
j' \ ~ :'" t\
,
\
/
Property Line
"
\
\
"
\
20' setback
by administrative waiver
15
Figure 2: Side setbacks
Figure 3: Building fa9ade breaks
'^....~k~.....
-. :,.. ,.."
',.-------,- .~..-
..,.,.J.' "..
...... .............".,',...
-,. ". - ~ ....
. ,I". -.
. J
16
~.,
Figure 4: Stepbacks and building height
mechanical
penthouse
, ".,..~
~O
IS'
Stel'\L
",o<J.ck
Figure 5: Parking areas; screening from public streets
ji,f, "
'~;<:;':--~).~ ,'\,', ,
,', "l,.."Jt. < ' .
" ~ . ,,~~I...-/
,',Ii.
]4' high
wall or
opaq"e fence
,
,
/l I fII parIlinJ setback
_i~t'rjtww ~ ~','M., ~ L.;i'~ j~~\;vf:JIt-t ..
17
Figure 6: Parking areas; landscaping
t
,--.t---\
!.. ~' ~
~~~ \
, ~.
!t'. \;'"~i
,......~. I,~~:
~ ~.-
.-
,..t. -=a
._~j,_1 ~,--- I
c________________~
80 spaces -
at least 8 shade trees
Screening does not count
toward internal landscaping
Figure 7: Screening requirements
at least
6' high
............
......
----
SINGLE FAMilY DETACHED
...
...
...
...
......
...
.........
...
......
."
~~
'if
,
/
"
----
10' deep
ti"e Sc.reen
"egeta
......
...
...
...
...
...
...
...
...
......
...
'....,.....
COMMERCIAL
18
Figure 8: Screening requirements
,J'
SINGLE FAMILY
DETACHED
COMMERCIAL
Figure 9: Sidewalks and street trees
n
10' min. required
If min. in all other locations
_ propert). line
property line
19
Attachment 2
RESOLUTION
WHEREAS, the Crozet Master Plan describes downtown Crozet as the historical focal point for
cu tural and commercial activities in Crozet and the surrounding areas; and
WHEREAS, the lands within downtown Crozet are currently within various zoning districts, and
th regulations within those districts have been identified as imposing a number of impediments to the
de elopment and redevelopment of downtown Crozet in a manner consistent with the Crozet Master
PI n; and
WHEREAS, Zoning Text Amendment 2007-005 - Downtown Crozet District (DCD) - would
es ablish a new zoning district in the Crozet community that implements the Crozet Master Plan; and
WHEREAS, after several public work sessions conducted by the Planning Commission and the
Bo rd, and with input from several committees comprised of members of the Crozet community, the
bo ndaries of the proposed Crozet Downtown Zoning District were identified.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
ge eral welfare and good zoning practices, the Albemarle County Zoning Map is amended to change the
zo ing map designation for lands shown on the attached map entitled "Crozet Downtown Zoning *
Re om mended Boundary," by Albemarle County GDS June 2008, which includes the following parcels
(id ntified by their County tax map and parcel number), from their current zoning designation to
Do ntown Crozet District:
056A1 01 0004600, 056A10100046AO, 056A1010004800,056A10100 04900,
56A1010005000,056A1010005300,056A1010005400,056A10100054AO,
056A1010005500,56A1010005600,056A1010005700,056A1010005800,
056A10100058AO,056A1010005900,56A1010006000,056A10100060AO,
056A1010006200,056A1010006300,056A1010006400,56A1010006500,
056A1010006800, 056A1010006900, 056A1010011900, 056A10100 12000,
056A1010012200, 056A1010012300, 056A1010012400,056A10100 12500,
056A20100000AO,56A2010000700,056A20100007AO,056A2010000800,
056A2010000900, 056A2010001100, 56A2010001200, 056A201000130 0,
056A2010001400, 056A2010001500, 056A2010001600, 56A20100016AO ,
056A2010001700, 056A2010001800, 056A2010001900, 056A20100019A 0,
056A2010002000,056A20100020AO,056A20100020BO,056A2010002100,
056A20100021AO, 056A2010002200, 056A2010002300, 056A20100023 AO,
056A2010002400, 056A20100024BO, 056A2010002700, 056A201000280 0,
056A20100028AO,056A20100028BO, 056A20100028CO, 056A20100029 00,
056A2010003000,056A20100030AO,056A2010003100,056A2010003300,
056A2010003500,056A2010003600,056A2010003700,056A2010007000,
056A20100071AO, 056A20100071 DO, 056A20100071 EO and 056A2020A00100.
20
Attachment 3
A RESOLUTION
SUPPORTING A STUDY OF THE MAINTENANCE
OF THE SOUTH FORK RIVANNA RESERVOIR
AND EFFORTS TO PROMOTE WATER CONSERVATION
WHEREAS, the Rivanna Water & Sewer Authority, with the support of Albemarle County
an the City of Charlottesville, has receiyed a permit from the United States Corps of Engineers
au horizing the expansion of the Ragged Mountain Reservoir for a community water supply; and
WHEREAS, the approval of a community water supply plan does not negate the
C unty's concerns regarding the maintenance of the South Fork Rivanna Reservoir and the
im ortance of water conservation.
NOW, THEREFORE, BE IT RESOLVED that in addition to the specific elements of the
co munity water supply plan approved by the Rivanna Water and Sewer Authority, the City
C unci! and the Board of Supervisors, the Board of Supervisors hereby requests the Riyanna
W ter and Sewer Authority to undertake a study of the South Fork Rivanna Reservoir and the
vi bility and merits of maintenance dredging, siltation prevention and any other appropriate
ini iatives that could maintain and enhance the aquatic health and water quality of the South
Fo k Rivanna Reservoir, as a valuable water resource for the long term future benefit of the
co munity. The Board hereby requests that the Albemarle County Service Authority, the
Ri anna River Basin Commission and other affected regional partners formally express their
su port of this study; and
BE IT FURTHER RESOLVED that the Board of Supervisors hereby agrees to
increase its efforts to promote water conservation and efficiency by Albemarle
County water consumers, and commits to engage in an active dialogue with the
Riyanna Water and Sewer Authority, the City of CharlottesYille, the Albemarle
County Service Authority, the University of Virginia and other key partners to
develop stronger incentives and more effective measures for the conservation of
water throughout the region.
21
Attachment 4
CONDITIONS OF APPROVAL
PROJECT: SP-2007-056. Rivanna Plaza.
1 . Drive-in window is limited to one window; and
2. Development of the site will be in general accord with the site plan titled Special Use Permit
Application Plan for Rivanna Plaza and initialed.
PROJECT: SP-2008-07. Lebanon Evanaelical Presbyterian Church (Sian # 8).
1. Special Use Permit SP 2008-07 Lebanon Presbyterian Church shall be developed in general
accord with the concept application plan, provided by the applicant and received February 11,
2008 (Attachment A) However, the Zoning Administrator may approve revisions to the concept
application plan to allow conformance with the Zoning Ordinance;
2. The color of the storage building shall be brown and the roof color shall be charcoal, as agreed by
the applicant;
3. There shall be no day care center or private school on site without prior approval of a separate
special use permit;
4. There shall not be an increase in the sanctuary without prior approval of an amendment to this
special use permit; and
5. All new outdoor lighting shall be only full cut-off fixtures and shielded to reflect light away from all
abutting properties.
22
Attachment 5
ORDINANCE NO. 08-18(4)
A ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE
II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE
C UNTY OF ALBEMARLE, VIRGINIA
B IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Z ning, Article I, General Provisions, Article II, Basic Regulations, and Article III, District Regulations, of
th Code of the County of Albemarle is amended and reordained as follows:
Definitions
Reduction of building separation and side yards
Untitled
Untitled
Area and bulk regulations
Area and bulk regulations
Area and bulk regulations
Area and bulk regulations
Area and bulk regulations
Untitled
Article I. General Provisions
Ze 0 lot line. The term "zero lot line" means the location of a detached dwelling unit or portion thereof on
a I t in such a manner that one of the sides of the dwelling unit rests less than the distance to the side lot
lin otherwise required in the district and may rest directly on that side lot line.
Ze 0 lot line development. The term "zero lot line development" means a subdivision reviewed and
ap roved by the county as a single-family detached residential or mixed use development that uses zero
lot ines, and in which a minimum separation of ten feet between detached dwelling units is maintained.
Article II. Basic Regulations
The minimum building separation and side yards for primary structures may be reduced in
ac ordance with the applicable district regulations as follows:
. 4.11.3 Reduction of building separation and side yards (Added 1-1-83)
A. Reductions for structures not within zero lot line developments; with adequate fire flows or
wh h are constructed in accordance with the building code. The minimum building separation or side
yar s for primary structures may be reduced if the structure is not located within a zero lot line
de elopment, but is located in an area where available fire flows are adequate under Insurance Service
Offi es standards to allow the reduction. Each primary structure for which the minimum building
se aration or side yard has been reduced as provided in this subsection shall be subject to the following:
1. In the case of a side yard reduction, the Albemarle County fire official may
req ire a guarantee as deemed necessary to insure compliance with the provisions of this section, and
this guarantee may include, but not be limited to, appropriate deed restrictions, disclosure, and other such
23
I
in truments, which shall be of a substance and be in a form approved by the fire official and the county
at orney, and shall be recorded in the records of the circuit court of the county;
2. No structure shall encroach within any emergency accessway required by the
AI bemarle County fire official;
3. Unless constructed to a common wall, no structure shall be located closer than
si (6) feet to any lot line; and
4. No structure shall encroach on any utility, drainage or other easement, nor on
an~ feature required by this chapter or other applicable law.
B. Reductions for dwelling units within zero lot line developments. The minimum building
separation or side yards for detached dwelling units may be reduced to zero (0) feet on one side for each
dv elling unit located within a zero lot line development if the structure is located in an area where
available fire flows are adequate under Insurance Service Offices standards to allow the reduction. Each
ze 0 lot line development shall be subject to the following:
1. The subdivider shall submit with the final subdivision plat a lot development plan
shpwing all the lots in the zero lot line development and delineating the location of each zero lot line
d,^ elling unit;
2. The subdivider shall establish a perpetual wall maintenance easement on the lot
ab Jtting the zero lot line side of the dwelling unit so that, with the exception of fences, a minimum width
of en (10) feet between dwelling units shall be kept clear of structures in perpetuity. This easement shall
be shown on the final plat, shall be of a substance and be in a form approved by the director of
co Inmunity development and the county attorney, shall be recorded in the records of the circuit court of
thE county with the approved final subdivision plat, and shall be incorporated by reference in each deed
trahsferring title to each lot that is a dominant and servient estate; and.
3. Building footings may penetrate the easement on the adjacent lot to a maximum
dis ance of eight (8) inches.
Article III. District Regulations
Se~. 14.3 Area and bulk regulations
Area and bulk regulations within the R-2, Residential, district are as follows:
REQUIREMENTS
Gr ss density
Mi imum Lot Size
Mi imum
fro tage:
pu lie, private
Ya ds, minimum:
Frc nt 25 feet 25 feet 25 feet 25 feet
Sid~(a) 10 feet 10 feet 10 feet 10 feet
Re r 20 feet 20 feet 20 feet 20 feet
(a) Minimum side yards may be reduced to not less than ten (10) feet in accordance with section 4.11.3, provided that minimum
sid yards may be reduced to zero (0) feet on one side in zero lot line developments in accordance with section 4.11.3 and are
apt roved under chapter 14.
Ma imum
Str cture heiQht
STANDARD LEVEL
CONVENTIONAL CLUSTER
DEVELOPMENT DEVELOPMENT
2 du/acre 2 du/acre
21,780 sq ft 14,500 sq ft
BONUS LEVEL
CONVENTIONAL CLUSTER
DEVELOPMENT DEVELOPMENT
3 du/acre 3 du/acre
14,520 sa ft. 9.700 sq ft
80 feet
70 feet
70 feet
65 feet
35 feet
35 feet
35 feet
35 feet
Sec. 15.3 Area and bulk regulations (Amended 3-18-81)
Area and bulk regulations within the R-4, Residential, district are as follows:
STANDARD LEVEL
BONUS LEVEL
24
I
CONVENTIONAL CLUSTER CONVENTIONAL CLUSTER
R~QUIREMENTS DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT
G oss density 4 du/acre 4 du/acre 6 du/acre 6 du/acre
M nimum Lot Size (added 7-17-85)
10,890 sq ft N/A 7,260 sq ft. N/A
Y~rds, minimum:
Font 25 feet 25 feet 25 feet 25 feet
slde(a) 15 feet 15 feet 15 feet 15 feet
Rear 20 feet 20 feet 20 feet 20 feet
(a) Minimum side yards may be reduced to not less than ten (10) feet in accordance with section 4.11.3, provided that minimum
si~e yards may be reduced to zero (0) feet on one side in zero lot line developments in accordance with section 4.11.3 and are
a ,proved under chapter 14. (Amended 1-1-83)
Maximum
S ructure heioht 35 feet 35 feet 35 feet 35 feet
SE c. 16.3 Area and bulk regulations
Area and bulk regulations within the R-6, Residential, district are as follows:
R QUIREMENTS
G oss density
Mi~imum Lot Size
STANDARD LEVEL
CONVENTIONAL CLUSTER
DEVELOPMENT DEVELOPMENT
6 du/acre 6 du/acre
(Added 7-17-85)
7,260 sq ft N/A
BONUS LEVEL
CONVENTIONAL CLUSTER
DEVELOPMENT DEVELOPMENT
9 du/acre 9du/acre
y, rds, minimum:
Frbnt 25 feet 25 feet 25 feet 25 feet
Si ~e(a) 15 feet 15 feet 15 feet 15 feet
R ar 20 feet 20 feet 20 feet 20 feet
(a Minimum side yards may be reduced to not less than ten (10) feet in accordance with section 4.11.3, provided that minimum
sic e yards may be reduced to zero (0) feet on one side in zero lot line developments in accordance with section 4.11.3 and are
ar:>broved under chapter 14. (Amended 1-1-83)
M ximum
St ucture height 35 feet 35 feet 35 feet 35 feet
4,840 sq ft. N/A
Se~. 17.3 Area and bulk regulations
Area and bulk regulations within the R-10, Residential, district are as follows:
RE QUIREMENTS
Grbss density
Mi imum Lot Size
STANDARD LEVEL
CONVENTIONAL CLUSTER
DEVELOPMENT DEVELOPMENT
10 du/acre 10 du/acre
(Added 7-17-85)
4,356 sq ft N/A
BONUS LEVEL
CONVENTIONAL CLUSTER
DEVELOPMENT DEVELOPMENT
15 du/acre 15du/acre
Ya ds, minimum:
Fn nt 25 feet 25 feet 25 feet 25 feet
Sic ela) 15 feet 15 feet 15 feet 15 feet
Rear 20 feet 20 feet 20 feet 20 feet
(a) Minimum side yards may be reduced to not less than (10) feet in accordance with section 4.11.3, provided that minimum
sid~ yards may be reduced to zero (0) feet on one side in zero lot line developments in accordance with section 4.11.3 and are
aDI roved under chapter 14.
MaP<imum
Structure heiOht 65 feet 65 feet 65 feet 65 feet
2,904 sq ft.
N/A
Se . 18.3 Area and bulk regulations
Area and bulk regulations within the R-15, Residential, district are as follows:
REbulREMENTS
Grc ss density
Mir imum Lot Size
STANDARD LEVEL
CONVENTIONAL CLUSTER
DEVELOPMENT DEVELOPMENT
15 du/acre 15 du/acre
(Added 7-17-85)
2,904 sq ft N/A
BONUS LEVEL
CONVENTIONAL CLUSTER
DEVELOPMENT DEVELOPMENT
20 du/acre 20 du/acre
Ya \:ls, minimum:
2.178 sq ft.
N/A
25
I
Font 25 feet 25 feet 25 feet 25 feet
Si~e(a) 15 feet 15 feet 15 feet 15 feet
R~ar 20 feet 20 feet 20 feet 20 feet
(a Minimum side yards may be reduced to not less than ten (10) feet in accordance with section 4.11.3, provided that minimum
si ~e yards may be reduced to zero (0) feet on one side in zero lot line developments in accordance with section 4.11.3 and are
a proved under chapter 14. (Amended 1-1-83)
M~ximum
S ructure heiaht 65 feet 65 feet 65 feet 65 feet
26
Attachment 6
ORDINANCE NO. 08-4(1)
ORDINANCE TO AMEND AND REORDAIN CHAPTER 4, ANIMALS AND FOWL, OF THE CODE OF
E COUNTY OF ALBEMARLE, VIRGINIA BY ADDING ARTICLE VI, ANIMAL NOISE.
IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 4,
imals and Fowl, is hereby amended and reordained by adding Article VI, Animal Noise.
CHAPTER 4. ANIMALS AND FOWL
ARTICLE VI. ANIMAL NOISE
S . 4-601. Noise from animals.
It shall be unlawful and shall be a nuisance for an owner or custodian of an animal to harbor or
ke p any animal within the county which frequently or for a continued duration howls, barks or makes
ot er excessive, continuous or untimely sounds which unreasonably disturbs the peace and quiet,
co fort, or repose of any person in the county; provided however, this section shall not apply to any
an mal located on property zoned Rural Areas District of five (5) acres or more, to any animal in an animal
sh Iter or commercial kennel as defined in chapter 18 of the zoning ordinance, or to sounds caused by
liv stock or poultry. For the purposes of this section, "excessive, continuous or untimely sounds" shall
m an any howling, barking or other animal noise which continues for thirty (30) consecutive minutes or
m re with no cessation of such sounds for time periods greater than five (5) minutes during the thirty (30)
co secutive minutes.
. 4-602. Complaints of animal noise.
Notwithstanding section 4-101 of this code, no person shall be charged with a violation of section
4- 01 unless the complainant appears before a magistrate and requests a summons to be issued.
Ho ever, when a violation is committed in the presence of an animal control officer or police officer, he
sh II have the authority to initiate all necessary proceedings.
.4-603. Penalty for violation.
A violation of this section shall be punishable as a Class 3 misdemeanor, and any owner or
cu todian of an animal found guilty under this section shall be required to abate the disturbance. Upon a
thir conviction within twelve (12) months of any offense under this section involving the same animal, in
ad ition to imposing a fine, the court shall order the animal to be removed from any area of the county
co ered by this section. If the owner or custodian of the animal fails to comply with such order within two
(2) eeks, the animal control officer shall seize the animal and offer the animal to the SPCA for adoption
in home outside of the area of the county covered by this section.
27
,
ORDINANCE NO. 08-18(3)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, AND
ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE,
VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning,
Article I, General Regulations, and Article III, District Regulations, are hereby amended and reordained as
follows:
By Amending:
Sec. 3.1 Definitions
By Adding:
Sec. 20B.1
Sec. 20B.2
Sec.20B.3
Sec. 20BA
Sec.20B.5
Sec. 20B.6
Sec.20B.7
Purpose and intent
Permitted uses
Area and bulk regulations
Parking
Landscaping
Outdoor lighting
Sidewalks and street trees
Chapter 18. Zoning
Article I. General Provisions
Sec.3.1 Definitions
Cultural arts center: An establishment for the presentation of art, scientific, cultural or historical materials,
music, or live theatrical or musical productions, and which may include but are not limited to museums,
noncommercial art galleries, arboreta, aquariums, botanical or zoological gardens, auditoriums, and music
conservatories.
Outdoor performance area: A place of open-air (outdoor) assembly, consisting of a central space or stage for
performances, which may be open to the sky or partially covered or enclosed.
Research and development: A facility primarily used for the administration and conduct of investigation,
examination, prototype production, experimentation, testing, and/or training aimed at the discovery and
interpretation of facts, theories, and/or the practical application of the above to products or processes.
Stepback: A building setback of a specified distance that occurs at a prescribed number of stories or feet above
the ground.
Story: That portion of a building, having more than one-half (1/2) of its height above grade, included between
the surface of any floor and the surface of the floor next above it. If there be no floor above it, the space
between the floor and the ceiling next above it.
't
Article III. District Regulations
Section 20B Downtown Crozet District - DCD
Sec.20B.1 Purpose and intent
The purpose of the Downtown Crozet District (hereinafter referred to as the "DCD") is to establish a
dis ct in which traditional downtown development, as described for the CT6 Urban Core and CT5 Urban
Cent r transects in the Crozet master plan, will occur.
To these ends, the DCD provides for flexibility and variety of development for retail, service, and civic
uses ith light industrial and residential uses as secondary uses. The regulations for the DCD are intended to
pro ote a development form and character that is different from typical suburban development allowed by
conv ntional zoning, and are also intended to: (i) promote the economic and social vitality and diversity of
do town Crozet; (ii) implement the Crozet master plan for the downtown area of Crozet so that it may serve as
the c mmercial hub of Crozet and its environs; (iii) provide a greater mix of uses in downtown Crozet, including
incre sed employment; (iv) facilitate infill and redevelopment; (v) increase the utility of the land; (vi) retain the
uniq ely diverse character of Crozet; and (vii) promote a pedestrian-friendly environment.
These regulations are intended to provide maximum flexibility in establishing uses and structures in
orde to implement the relevant policies of the Crozet master plan. Accordingly, although the DCD permits uses
re commercial and light industrial in character, neither sections 21 nor 26 of this chapter apply to the DCD.
Sec. OB.2 Permitted uses
The following uses shall be permitted in the DCD, subject to the regulations in this section:
A. By right uses; retail and service. The following retail and service uses are permitted by right:
1. Antique, gift, jewelry, notion and craft shops.
2. Automobile, truck repair shops excluding body shops.
3. Barber, beauty shops.
4. Clothing, apparel and shoe shops.
5. Commercial recreation establishments including, but not limited to, amusement centers,
bowling alleys, pool halls and dance halls.
6. Convalescent homes (reference 5.1.13).
7. Convenience stores.
8. Department stores.
9. Drug stores, pharmacies.
10. Factory outlet stores, clothing and fabric.
11. Farmers' markets (reference 5.1.36).
12. Feed and seed stores (reference 5.1.22).
13. Financial institutions.
2
14. Fire extinguisher and security products sales and service.
15. Florists.
16. Food and grocery stores including such specialty shops as bakery, candy, milk
dispensary and wine and cheese shops.
17. Funeral homes.
18. Furniture and home appliances sales and service.
19. Hardware stores.
20. Health spas.
21. Hotels, motels and inns.
22. Indoor athletic facilities.
23. Laboratories, medical or pharmaceutical.
24. Laundries, dry cleaners.
25. Musical instrument sales and repair.
26. New automotive parts sales.
27. Newspaper publishing.
28. Newsstands, magazines, pipe and tobacco shops.
29. Nursing homes (reference 5.1.13).
30. Office and business machines sales and service.
31. Optical goods sales and service.
32. Photographic goods sales and service.
33. Research and development activities, including experimental testing, subject to the
performance standards stated in section 4.14 of this chapter.
34. Restaurants.
35. Retail nurseries and greenhouses.
36. Service stations.
37. Sporting goods sales.
38. Tailors and seamstresses.
39. Temporary construction uses (reference 5.1.11).
3
40. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
41. Tourist lodging.
42. Visual and audio appliances.
B. By right uses; office. The following office uses are permitted by right:
1. Medical centers.
2. Offices.
3. Temporary construction uses (reference 5.1.11).
C. By right uses; public and civic. The following public and civic uses are permitted by right:
1. Churches.
2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
3. Conference centers, outdoor auditoriums, public art or kiosks.
4. Cultural arts centers.
5. Day care centers (reference 5.1.06).
6. Electric, gas, oil and communication facilities, excluding tower structures and including
poles, lines, transformers, pipes, meters and related facilities for distribution of local
service and owned and operated by a public utility. Water distribution and sewerage
collection lines, pumping stations and appurtenances owned and operated by the
Albemarle County Service Authority. Except as otherwise expressly provided, central
water supplies and central sewerage systems in conformance with Chapter 16 of the
Code of Albemarle and all other applicable law.
7. Fire and rescue squad stations (reference 5.1.09).
8 Libraries.
9. Outdoor performance areas.
10. Parking structures and stand alone parking structures (reference 4.12 and 5.1.41).
11. Private schools.
12. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission main or trunk
lines, treatment facilities, pumping stations and the like, owned and/or operated by the
Rivanna Water and Sewer Authority (reference 31.2.5, 5.1.12).
13. Temporary construction uses (reference 5.1.11).
14. Theaters, live and movie, including multi-screen movie theaters.
4
D. By right uses; residential. The following residential uses are permitted by right, provided that
the rst floor of the building in which the residential use exists is designed for and occupied only by a use
pe itted by subsections 20B.2(A), (B), (C) or (E):
1. Apartments, either as a single-family dwelling or as a multiple-family dwelling.
2. Attached single-family dwellings such as townhouses.
3. Boarding houses.
4. Condominiums.
5. Group homes (reference 5.1.07).
6. Tourist lodging within detached single-family dwellings existing on June 4,2008.
7. Dwellings occupied by the owner or employees of a permitted commercial use, and
their families (reference 5.1.21).
E. By special use permit. The following uses are permitted by special use permit:
1. Body shops (reference 5.1.31).
2. Buildings more than fifty (50) feet or four stories in height, up to seventy (70) feet or
six (6) stories in height, provided the increased height allows the provision of a
demonstrated public benefit, such as providing affordable housing or parking.
3. Buildings one story in height.
4. Car washes.
5. Compounding of drugs, including biological products, medical and chemical as well as
pharmaceutical.
6. Detached single-family dwelling, provided that there is no other use permitted by
subsections 20B.2(A), (B), (C) or (E) on the same lot.
7. Drive-in windows.
8. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone exchange
centers; micro-wave and radio-wave transmission and relay towers, substations and
appurtenances (reference 5.1.12).
9. Hospitals.
10. Manufacturing, processing, fabricating, assembling, and distributing products including,
but not limited to:
-Artists' supplies and equipment.
-Business, office machines and equipment.
-Cosmetics, including perfumes, perfumed toiletries and perfumed toilet soap.
5
-Drafting supplies and equipment.
-Electrical lighting and wiring equipment.
-Electrical and electronic equipment and components including radio, telephone,
computer, communication equipment, TV receiving sets, phonographs.
-Food products, such as bakery goods, dairy products, candy, beverages, including
bottling plants.
-Gifts, novelties including pottery, figurines and similar ceramic products.
-Glass products made of purchased glass.
-Industrial controls.
-Jewelry, silverware.
-Light machinery and machine parts, including electrical household appliances but not
including such things as clothes washers, dryers and refrigerators.
-Musical instruments.
-Paper products such as die-cut paperboard and cardboard, sanitary paper products,
bags and containers.
-Photographic equipment and supplies including processing and developing plant.
-Rubber, metal stamps.
-Small electrical parts such as coils, condensers, transformers, crystal holders.
-Surgical, medical and dental instruments and supplies.
-Toys, sporting and athletic equipment, except firearms, ammunition or fireworks:
-Watches, clocks and similar timing devices.
-Wood cabinets and furniture, upholstery.
11. Publishing, printing, lithography and engraving, including but not limited to
newspapers, periodicals and books.
12. Preparation of printing plates including typesetting, etching and engraving.
13. Stand-alone parking (reference 4.12).
14. Storage yards.
15. Tier III personal wireless service facilities (reference 5.1.40).
16. Towing and storage'ofmotor vehicles (reference 5.1.32).
17 . Veterinary offices and animal hospitals.
F. Accessory uses and structures. Accessory uses and structures are permitted, including but not
limited to: (i) home occupations, Class A and Class B (reference 5.2) for primary residential uses; (ii) storage
buildings for primary residential and non-residential uses; (iii) outdoor performance areas for primary cultural
arts center uses; and (iv) prototype manufacturing for research and development uses.
6
B. Area and bulk regulations, pre-existing buildings, structures and improvements.
No ithstanding subsections 6.3(A)(1) and (3), and subsection 20B.3(A) of this chapter, any building or
struc re established before, and existing on, June 11, 2008, may be extended or enlarged without complying
with he maximum front and maximum side yard setbacks and the minimum front yard setback for parking as an
acce sory use.
C. Corner lots; determination offront and other sides. Notwithstanding sections 4.6.2(b) and 4.6.3
of thO s chapter to the extent they determine when front yard setbacks apply, for purposes of determining setbacks
the d rector of planning (the "director") shall determine which side of a comer lot abutting a street shall be the
front based upon the prevailing building pattern that has developed in the vicinity of the lot, and shall then
dete ine which other sides will be the sides and rear of the lot.
D. Minimum standards for a buildingfar;ade break. Each building fac;ade break shall provide
eithe pedestrian access or motor vehicle and pedestrian access to the side and/or rear of the building on the
same lot. A building fac;ade break providing only pedestrian access shall be a sidewalk having a minimum
widt of five (5) feet. A building fac;ade break providing both motor vehicle and pedestrian access shall have a
trave way at least twelve (12) feet in width and a sidewalk on at least one side having a minimum width of five
(5) fI et. The travel way and the sidewalk shall be designed and constructed to the applicable standards in the
desi standards manual. Buildings separated by a building fac;ade break shall have a minimum separation of
the idth of the pedestrian access or motor vehicle and pedestrian access at all points above the ground. See
Figu 3.
E. Building entrances. Each building abutting a street shall have a primary entrance from either
the fr nt or side of the building. A building also may have secondary entrances on the side or rear of the
build ng. If the primary entrance is located on the side of a building, its doors shall face the front of the
build ng.
F. Stories. For the purposes of this section 20B, each story shall be visibly discernible from the
street and be composed of habitable space and/or occupiable space, as defined by the Virginia Uniform
State ide Building Code. Visibly discernible stories shall be achieved through the use of windows or building
entri s on each story, using varied building materials, special ground-floor design treatments, or other fac;ade
elem nts or other architectural details. In accordance with the procedures stated in subsection 20B.3(H), the
direc or may waive the requirement that windows, building entries or other fac;ade elements be used to make
each tory visibly discernible if the applicant demonstrates to the satisfaction of the director that the use of other
archi ectural details would render the stories visibly discernible to an equivalent degree.
G. No structures within easements within setbacks. No structures shall be established within
ease ents located within setbacks.
H. Modifications or waivers to change maximum setbacks or minimum buildingfar;ade break. In
accor ance with the procedures stated in subsection 20B.3(I), the director may modify the ten (10) foot front
buildi g setback and authorize the front building setback to be increased to up to twenty (20) feet, may waive
the m ximum side yard setback and establish a different setback, and may waive the minimum building fac;ade
break and establish a different minimum building fac;ade break. The director may grant a waiver or modification
in the following circumstances: (i) to allow outdoor cafe seating; (ii) to accommodate public spaces and plazas;
(iii) here topography, easements, or unusual physical conditions make compliance with the requirement
impra ticable; (iv) where the required sidewalk and street trees are located on the lot instead of in a public right-
of-wa ; (v) the strict application of the requirement would not further the purposes of this chapter or otherwise
serve he public health, safety or welfare, and the waiver or modification would better achieve the goals of the
comp ehensive plan or provide a design that better meets the purpose and intent of the DCD; or (vi) the waiver
or mo ification would allow the building to be consistent with the prevailing building pattern that has developed
in the vicinity of the lot.
I. Procedure for administrative modifications and waivers. Applications for modifications or
waive s (collectively, "waivers") authorized to be reviewed and acted upon by the director or the agent
8
(col ectively, the "director"), as applicable, pursuant to this section 20B shall be reviewed and acted upon
acc rding to the following procedure:
1. Application. The applicant shall file a written request with the department of
unity development stating why one or more of the applicable circumstances exist or criteria are satisfied to
the waiver to be granted.
2. Action by the director. The director shall act on the waiver request in conjunction with
ounty's action of the site plan, subdivision plat or special use permit or, ifno such action is required, within
thi (30) days of the date the application was submitted and determined to be complete. The director may
gran the waiver ifhe or she determines that one or more applicable circumstances exist or criteria are satisfied.
In anting a waiver, the director may impose conditions deemed necessary to protect the public health, safety,
or w Ifare. If review of a site plan or subdivision plat by the commission is requested, the agent may either act
on t e waiver or defer action and allow the commission to act on the waiver as part of its consideration of the
plan or plat, in which case the commission shall have the same authority as though it were considering the
wai er on appeal.
3. Appeal to the commission or the board. The denial ofa waiver, or the approval ofa
er with conditions objectionable to the applicant, may be appealed from the director to the commission and
fro the commission to the board, as the case may be, as an appeal of a denial of the plat, as provided in section
14-2 6 of the Code, or the site plan, as provided in sections 32.4.2.7 or 32.4.3.9 of this chapter, to which the
wai r pertains. If subdivision plat or site plan approval is not required, the applicant may file a written appeal
with the clerk of the board of supervisors within ten (10) days of the date of the written action by the director or
the c mmission. A waiver considered by the commission in conjunction with an application for a special use
pe it shall be subject to review by the board of supervisors without the filing of an appeal. In considering a
waiv r on appeal, the commission or the board may grant or deny the waiver based upon its determination of
whet er one or more applicable circumstances exist or criteria are satisfied, amend any condition imposed by
the d'rector or the commission, and impose any conditions deemed necessary to protect the public health, safety,
or w 1 fare.
J. Waiver to allow alternative location of parking area. The parking area setback requirements in
subs ction 20B.3(A) may be waived as follows:
1. Consideration by commission. The commission may waive the parking area setback
requi ements in subsection 20B.3(A) and allow a parking area to be located between a street and a primary
struc ure, subject to reasonable conditions that it may impose, upon a finding that:
a. There are unusual physical conditions on the lot or an adjoining lot including,
but n t limited to, the location of existing structures and parking areas, steep topography or other environmental
featu es, narrowness or shallowness or the size or shape of the lot that make it impossible or unfeasible to
provi e parking to the side or rear of a primary structure;
b. The potential safety of patrons and employees cannot be achieved with
adeq ate lighting and other reasonable design solutions; or
c. The strict application of the applicable regulations in subsection 20B.3(A)
woul not further the purposes of this chapter or otherwise serve the public health, safety, or welfare or
achie e the goals established in the comprehensive plan.
2. Consideration by the board of supervisors. The board of supervisors may consider a
reque t under this subsection only as follows:
a. The denial of the request, or the approval of the request with conditions
objec ionable to the applicant may be appealed to the board of supervisors as an appeal of the plat, as provided
in sec ion 14-226 of the Code, or a denial of the site plan, as provided in sections 32.4.2.7 or 32.4.3.9 of this
chapt r, to which the waiver pertains. If subdivision plat or site plan approval is not required, the applicant may
file a itten appeal with the clerk of the board of supervisors within ten (10) days of the date of the \-vritten
9
T
acti n by the director or the commission. A waiver considered by the commission in conjunction with an
appl"cation for a special use permit shall be subject to review by the board of supervisors without the filing of an
app al.
The parking, stacking and loading requirements stated in section 4.12 of this chapter shall apply in the
DC , subject also to the following:
A. No maximum number of spaces. Notwithstanding section 4. 12.4(a), there shall be no limitation
e maximum number of parking spaces that may be provided.
b. In considering a request, the board may grant or deny the request based upon
ndings set forth in subsection 20B.3(J)(1), amend any condition imposed by the commission, and impose
onditions it deems necessary for the reasons set forth in subsection 20B.3(J)(1).
B. Minimum number of parking spaces. Notwithstanding sections 4.12.6 and 4.12.7, except when
shar d parking is approved as provided in subsection 20B.4(C) below, the following schedule shall apply to
dete ine the minimum number of off-street parking spaces required to be provided:
1. Residential uses: One (1) space for each dwelling unit having one (1) bedroom; two (2)
spac s for each dwelling unit having two (2) or more bedrooms.
') Non-residential uses: For all non-residential uses other than convalescent homes and
nursi g homes, one (1) space per one thousand (1,000) square feet of net floor area. For convalescent homes
and ursing homes, one (1) space per each five (5) bedrooms plus one (1) space per employee per shift, or as
othe ise provided in a parking study submitted by the applicant and reviewed and approved by the zoning
admi istrator. For the purposes of this subsection, "net floor area" shall be deemed to be: (a) eighty (80) percent
of th gross floor area; or (b) at the request of the applicant, the actual floor area as shown on floor plans
sub itted by the applicant, delineating the actual net floor area, which plans shall be binding as to the maximum
net floor area used.
3. Non-residential uses; bicycle parking spaces: For non-residential uses, one (1) bicycle
g space per ten (10) automobile parking spaces required.
C. Shared parking. Notwithstanding section 4.12.1 O(d), the aggregate number of parking spaces
requi ed for all uses participating in the shared parking shall not be reduced by more than seventy-five (75)
perc t. Within the DCD, the term "nearby lot" as used in section 4.12.10 means a lot within the oeD or a lot
withi one-quarter (1/4) mile of the lot with which parking will be shared.
D. Screeningfrom public streets. Each parking area having more than five (5) spaces that abuts or
is vis ble from one or more public streets abutting the lot on which the parking area is located shall be screened
from he streets with continuous evergreen shrubs or opaque walls comprised of materials such as, but not
limit d to, masonry or board, at a height not to exceed four (4) feet, or by a combination of evergreen shrubs and
opaq e walls. Opaque walls shall be augmented with landscape vegetation such as shrubbery, trees, or other
veget tion approved by the agent. If evergreen shrubs are used as the screen, the shrubs shall measure at least
twen -four (24) inches in height at the time of planting, and at maturity shall be three (3) to five (5) feet in
heigh. Evergreen shrubs shall be planted between three (3) and five (5) feet on-center, depending upon the
speci s selected. See Figure 5.
E. Landscaping. The requirements of subsection 32.7.9.7(a) and (b) of this chapter shall apply
only t parking areas having more than twenty-five (25) spaces. Subsection 32.7.9.7(c) of this chapter shall not
apply to parking areas within the DCD. See Figure 6.
Sec. OB.5 Landscaping
For each development requiring approval of a site plan under section 32 of this chapter, the landscaping
requi ments in the DCD shall be as follows:
10
A. Screening. Notwithstanding subsections 32.7.9.8(a) and 32.7.9.8(c)(1) of this chapter, the rear
of e ch lot shall be screened from any abutting lot containing single-family detached or attached dwelling units,
or a y abutting lot in a residential or the rural areas zoning district. See Figures 7 and 8. The required screening
shal consist of vegetative screening, an opaque wall or fence, or alternative vegetative screening, as provided
belo , to the reasonable satisfaction of the agent:
1. Vegetative screening. If only vegetative screening is provided, the screening strip shall
be a least twenty (20) feet in depth. Vegetative screening shall consist of a double staggered row of evergreen
tree planted fifteen (15) feet on center, or a double staggered row of evergreen shrubs planted ten (10) feet on
cent r.
2. Opaque wall or fence. If an opaque wall or fence is provided, it shall be a minimum of
) feet in height and plantings may be required by the agent at intervals along the fence or wall.
3. Alternative vegetative screening. The agent may approve alternative methods of
vege ative screening that better meet the intent to screen commercial uses from residential uses and districts. In
appr ving alternative vegetative screening, the agent shall make the approval in writing and state the reason for
appr ving the alternative.
B. Tree canopy. Subsection 32.7.9.9 of this chapter shall not apply within the DCD.
OB.6 Outdoor lighting
Notwithstanding subsection 4.17 A(b)(1) of this chapter, the spillover of lighting from first-story
lumi aries from non-residential uses in the DCD onto public streets and onto other non-residential uses is
pe itted, provided that the Virginia Department of Transportation approves the spillover oflight onto public
stree rights-of-way.
OB.7 Sidewalks and street trees
For each development requiring approval of a site plan under section 32 of this chapter, sidewalks and
stree trees in the DCD shall be provided as follows:
A. Sidewalk design. Each sidewalk proposed to be accepted for maintenance by the Virginia
Dep ent of Transportation shall be designed and constructed according to Virginia Department of
Tran portation standards or to the standards in the design standards manual, whichever is greater. Each
side alk proposed to be privately maintained shall be constructed using concrete, designed so that no
conc ntrated water flow runs over them, and otherwise satisfy the standards in the design standards manual.
Each sidewalk on Crozet Avenue, Three Notch'd Road and the street identified in the Crozet master plan as the
new ain Street shall be at least ten (10) feet wide. All other sidewalks shall be at least eight (8) feet wide. See
Figu 9.
B. Sidewalk ownership. Each sidewalk, including street trees, proposed to be accepted for
main enance by the Virginia Department of Transportation, shall be dedicated to public use. Each sidewalk,
inclu ing street trees, proposed to be privately maintained, shall be maintained by the owner of the lot on which
the si ewalk and street trees exist or an owners association that is obligated to maintain the sidewalk and street
trees. The agent may require that a sidewalk proposed by the developer to be privately maintained instead be
dedic ted to public use if the agent determines that the sidewalk serves a public purpose and there is a need for
the si ewalks to be publicly owned and maintained.
C. Street trees. Notwithstanding section 32.7.9.6 of this chapter, street trees shall be planted
grates on each sidewalk or in a planting strip abutting the sidewalk, spaced at a minimum of twenty-five
(25) d a maximum of forty (40) feet on center and the distance of each tree from the edge of the sidewalk shall
be ap roved by the agent. Street trees shall be selected from a current list of recommended large shade trees,
subje t to the approval of the agent when site conditions warrant medium shade trees. See Figure 9.
11
.
D. Waivers from sidewalk requirements. In accordance with the procedures stated in subsection
20B.3(I), the agent may waive the requirements for a sidewalk and/or street trees where the developer
de onstrates that: (i) the Virginia Department of Transportation prohibits establishing sidewalks and/or planting
stre t trees; or (ii) existing utility easements prohibit establishing sidewalks and/or planting street trees.
Figures
Fig res 1 through 9 are for illustration purposes only. Ifthere is a conflict or inconsistency between a regulation
in s ction 20B to which a Figure pertains and the Figure itself, the regulation is controlling. In addition, Figures
1 tough 9 merely illustrate specific requirements and do not show all applicable requirements of section 20B.
Figure 1: Front setbacks
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by administrative waiver
Figure 2: Side setbacks
12
.
Figure 3: Building fayade breaks
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Figure 4: Stepbacks and building height
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mechanical
penthouse
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13
.
Figure 5: Parking areas; screening from public streets
,~
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wall or
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/l 10' parIcinJ setbad<
4jiJlKA'j~t.... ~1l ~~,.k', ,l.\. 1\'.' ..,U\.JIh ...
Figure 6: Parking areas; landscaping
t I
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80 spaces -
at least 8 shade trees
Screening does not count
toward internal landscaping
14
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Figure 7: Screening requirements
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............
.........
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SINGLE FAMILY DETACHED
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....
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.........
10' deep
. e screen
vegetatl't'
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Figure 8: Screening requirements
COMMERCIAL
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.
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15
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Figure 9: Sidewalks and street trees
n
10' min. required
min. in ,)11 other locations
-'7!
X'openyllne
property w
I, Ell W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adop ed by the Board of Supervisors of Albemarle County, Virgin' by a vote of six to zero, as recorded below,
at a r gular meeting held on June 11. 2008.
Mr. oyd
Mr. orner
Ms. allek
Mr. ooker
Mr. S utzky
Ms. homas
Aye
y
y
y
y
y
y
Nay
16
RESOLUTION
WHEREAS, the Crozet Master Plan describes downtown Crozet as the historical focal point for cultural
and commercial activities in Crozet and the surrounding areas; and
WHEREAS, the lands within downtown Crozet are currently within various zoning districts, and the
regulations within those districts have been identified as imposing a number of impediments to the development
and redevelopment of downtown Crozet in a manner consistent with the Crozet Master Plan; and
WHEREAS, Zoning Text Amendment 2007-005 - Downtown Crozet District (DCD) - would establish
a new zoning district in the Crozet community that implements the Crozet Master Plan; and
WHEREAS, after several public work sessions conducted by the Planning Commission and the Board,
and with input from several committees comprised of members of the Crozet community, the boundaries of the
proposed Crozet Downtown Zoning District were identified.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good zoning practices, the Albemarle County Zoning Map is amended to change the zoning
map designation for lands shown on the attached map entitled "Crozet Downtown Zoning * Recommended
Boundary," by Albemarle County GDS June 2008, which includes the following parcels (identified by their
County tax map and parcel number), from their current zoning designation to Downtown Crozet District:
056AI0I0004600, 056Al0100046AO, 056AlOl0004800, 056AI0l0004900, 56AlOlO005000,
056AI0I0005300, 056AI010005400, 056AlOlO0054AO, 056AI0l0005500, 56AI0I0005600,
056AI0I0005700, 056AI010005800, 056AlOl00058AO, 056AlOlO005900, 56AI0l0006000,
056Al0100060AO, 056AI0 1 0006200, 056AI0I0006300, 056AI0I0006400, 56AI0I0006500,
056AlOI0006800, 056AI0I0006900, 056AI0I0011900, 056AI0I0012000, 056AI010012200,
056AI0I0012300, 056AI010012400, 056AI0I0012500, 056A20100000AO, 56A2010000700,
056A20100007AO,056A2010000800,056A2010000900,056A2010001100, 56A2010001200,
056A2010001300,056A2010001400,056A2010001500,056A2010001600, 56A20100016AO,
056A2010001700,056A2010001800,056A2010001900,056A20100019AO,056A2010002000,
056A20 1 00020AO, 056A20 100020BO, 056A20 1 00021 00, 056A20 1 00021AO, 056A20 1 0002200,
056A2010002300,056A20100023AO,056A2010002400,056A20100024BO,056A2010002700,
056A2010002800,056A20100028AO,056A20100028BO,056A20100028CO,056A2010002900,
056A2010003000,056A20100030AO,056A2010003100,056A2010003300,056A2010003500,
056A2010003600, 056A2010003700, 056A2010007000, 056A20100071AO, 056A20100071DO,
056A20100071EO and 056A2020AOOI00.
*****
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted
by the Board of Supervisors of Albemarle County irginia, by a vote of six to zero, as recorded below, at a
regular meeting held on June 11. 2008.
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Aye Nay
y
y
y
y
y
y
I
I,
II
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ZT A 2007- 05 & ZMA 2008-002
DOWNTOWN CROZET ZONING
Board of Supervisors
Discussion & Action June 11, 2008
ZT A 2007- 05 & ZMA 2008-002
DOWNTOWN CROZET ZONING
.June 11, 2008
ZTA 2007-005 New zoning regulations for
Downtown Crozet:
Section 3.1, Definitions
Section 208.1, Purpose and intent
Section 208.2, Permitted uses
Section 208.3, Area and bulk regulations-height and stories, setbacks,
fac;ade breaks, building entrances, and modificationlwaiver provisions
Section 208.4, Parking, reduced minimum spaces, no maximuin number of
spaces and increased opportunities for sharing
Section 208.5, Landscaping and screening requirements
Section 208.6, Outdoor lighting
Section 208.7, Sidewalks and street trees
Figures: Nine figures are included with the district regulations to illustrate
various concepts. I
ZMA 2008-002 County-initiated rezoning to implement new
regulations.
1
ZT A 2007- 05 & ZMA 2008-002
DOWNTOWN CROZET ZONING
June 11, 2008
Downtown Crozet District- Summary of Changes to Regulations
Intent- Revised to add the promotion of economic and social diversity.
Waivers and Modifications-
Front yard setback- May be modified from 10 to up to 20 feet in 6 specific circumstances
administratively.
Side yard parking area setback and 200-foot building fac;ade break-allow administrative waivers from
these requirements.
Planning Commission review of waivers/modifications- Only if review of site plan or subdivision plat
is requested by the Commission and the director defers acting on the request and allows the
commission to consider the waiver or modification.
Facade break reQulations- Revised to clarify that the building fac;ade break must occur at least every 200
feet, unless the director grants a waiver, and complete structural breaks are required.
Corner lots- Added to allow director to determine front for purposes of a determining applicable
setbacks.
BuildinQ Entrances- Revised to clarify that only buildings abutting a street must have primary entrance
from the front or side of the building; side entrances serving as primary entrances are required to
have doors that face the front of a building.
Stories- Revised so that visibly discernible stories may be achieved by one or more of the methods
--nsted, instead of requiring all methods.
ParkinQ lot screeninQ- Revised to clarify extent of screening of parking that does not abut a public street
but IS VISible from the public street. Screening is only required from street abutting the lot on which
the parking is located.
ScreeninQ between residential and sinQle family- Revised to increase the minimum height for an opaque
wall or fence from 4 to 6 feet.
Sidewalk Ownership- Revised to clarify that individual owners could also be responsible for maintaining
sidewalks and street trees, in addition to an owner's association.
ZTA 2007- 05 & ZMA 2008-002
DOWNTOWN CROZET ZONING
June 11, 2008
ZMA 2008-002 County Rezoning Boundaries (53 Acres)
Revised to remove Shiflett property
2
,
.
ZTA 2007- 05 & ZMA 2008-002
DOWNTOWN CROZET ZONING
Public Hearing-June 4, 2008
RECOMMENDATION
Staff recommends that the Board of Supervisors ado~ t
ZTA 2007-005 dated June 9,2008 and adopt ZMA 2C 08-002
as shown on the boundary map dated June 2008.
ZTA 2007- 05 & ZMA 2008-002
DOWNTOWN CROZET ZONING
June 11, 2008 CROZET DOWNTOWN DISTRICT
Front Setbacks
. One (1) foot Minimum setback
required ~'"j.J"~'r"'~""" "
. Ten (10) feet Maximum v _. ~.~ ~ ~
. '<, ~ I:' .~ rt \.~ . r'
Administrative modification up to 20 '~~.~ I
feet for the following circumstances: r Q~.. ,~* I ,
1- cafe seating .~tI ..
~ (!1f. . 1
2- public spaces/plazas '\ I
\ t' I"mi
3- topo, easements, physical il ~Il ,4> I
IVII,~
constraints " ~~. ma)t~
....
4- S;dewalklstreet trees on property / '. ~v I.. ~~
-
and not ROW - , - 1 ,
, 20' setba k
5- Allows goals of the DCD/comp Property line , by .dministl I
, tive waiver
, I
plan to be better achieved and where
strict application does not further
health, safety, welfare Pre-existing buildings, structl res and
6- To be consistent with prevailing improvements may extend, er arge
building patterns in vicinity. without complying
3
ZTA 2007- 05 & ZMA 2008-002
DOWNTOWN CROZET ZONING
June 11, 2008
CROZET MASTER PLAN
I
DOWNTOWN - CT6 + D,istrict
Approximately 73 Acres
TRANSITION - CT5
Approximately 40 Acres
ZTA 2007- 05 & ZMA 2008-002
DOWNTOWN CROZET ZONING
June 11, 2008
'"
DESlGNmMENT:'~ON~~ET!!'fS____ _ __
CROZET MASTER PLAN
OESI(:oN ElfMENT: FLItONTAGE '''''[5
.----.-
--.....--....
--..-.-.....
-----....
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......---.......
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--........-.... ./
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S::E~~ . I---
-..----. I----- I.
.._____ --=::::--~.I"lvl- ~__I-
~ -.
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~i??= ~1. I.
..---g... --=;-,....
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::'-:::::'1:::"7.~:~./';llll., .~ I'ct
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::::.:::-- .~!T . , ·
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4
ZTA 2007- 05 & ZMA 2008-002
DOWNTOWN CROZET ZONING
June 11, 2008
CROZET DOWNTOWN DISTRICT
Side Setbacks
. Zero minimum setback
. 20' Maximum setback to allow for
alley access or pedestrian
walkways to parking behind,
administrative waiver may be
granted.
Building Facade must break
completely at least every 200' to
allow for access to parking behind
buildings, for pedestrians or
vehicles. Administrative
waiverlmodification may be
granted.
. Minimum standards for fa9ade
break-5' sidewalk if pedestrian
only and minimum 12' alley for
vehicular and must provide
sidewalk on one side.
ZTA 2007- 05 & ZMA 2008-002
DOWNTOWN CROZET ZONING
June 11, 2008
CROZET DOWNTOWN DISTRICT
Parking Setbacks
. Off-street Parking shall be located
no closer than primary structure,
to the rear and or side of primary
structures.
. Where used as stand-alone
parking or where parkin9 behind
primary facade can be Viewed
from any public right-of-way,
parking setback shall be at least
10 feet' (or equal to maximum
building setback)
. Building facades must break at
least every 200' to allow for
access to parking behind buildings
. The main entrance to the building
must be from the front or side of
the building (side vestibule)
. Side entrance doors must face the
front ROW, if primary entrances.
and may have doors to rear as
well.
. Commission may waive/modify
5
ZTA 2007- 05 & ZMA 2008-002
DOWNTOWN CROZET ZONING
June 11, 2008
CROZET DOWNTOWN DISTRICT
Buffer & Screening, landscaping
No Suffer required.
Screening required at rear of lots
only between Commercial uses and
Single Family Detached housing or
residential districts.
. Screening shall consist of 20'
minimum vegetative screening
(as defined in current code), or an
opaque wall or fence at least 4
feet high, or combination thereof.
Alternative methods of vegetative
screening that better meet the
intent of these provisions may be
approved by the agent in writing,
including an explanation of the
reasoning.
. Parking lots over 5 spaces
subject to screening. Where lot
abuts or is in view from public
ROW, continuous evergreen shrubs
required or four feet high wall, in
addition to canopy trees provided in
the 10' required parking setback.
Lots larger than 25 spaces:
Internal landscaping requirements
of at least 1 tree/ten spaces.
... -.... ".
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ZT A 2007- 05 & ZMA 2008-002
DOWNTOWN CROZET ZONING
June 11, 2008 CROZET DOWNTOWN DISTRICT
Major Land Use Changes
Special Use Permit Uses:
'Light manufacturing and distribution of products
-Laboratories, medical or pharmaceutical
'Automobile laundries
'Hospitals
'Fast food restaurant
-Yeterinary office and hospital (reference 5.1.11).
'Drive-in windows serving or associated with
permitted uses
'Warehouse facilities not permitted under section
24.2.1
-Contractors' office and equipment storage yard
-Tier III personal wireless service facilities
(reference 5.1.40)
-Sody shops (reference 5.1.31)
-Towing and storage of motor vehicles (reference
5.1.32).
'Stand-alone parking lots
-Stand-alone residential, such as apartment
buildings
By Right land Uses:
Current Commercial district by-right
uses, public, civic, retail and service,
office uses
Hotels, motels, and inns,
Indoor athletic facilities, commercial
recreation establishments,
amusement centers, bowling alleys,
pool halls and dance halls,
Schools of special instruction, live
theater, single screen movie theater
Residential uses, if ground floor
non-residential
Parking structures
Automobile service stations
(reference 5.1.20) and Automobile,
truck repair shops excluding body
shops are uses
Research and development
activities including experimental
testing, subject to section 4.14
performance standards
Theaters, live, screen, including
Multi-screen theaters
6
ZTA 2007- 05 & ZMA 2008-002
DOWNTOWN CROZET ZONING
Public Hearing-June 4, 2008
CROZET DOWNTOWN DISTRICT
Building Height
. 2 story (and 30 feet) minimum
required only for the front half of
building along public streets and
only for 3/4 min. of the lot width
. All stories must be habitable floors.
. 4 stories (and 50 feet) maximum.
visibly discernible clarified
. Stepbacks of 15 feet min. required
for the portion of the structure that
exceeds 3 stories
. By Special Use Permit: 1 story
building; and up to 6 stories (70
feet) allowed to support public
benefits (e.g. shared parking
arrangements, affordable housing
units in excess of 15% of total units
provided on the parcel, etc.)
ZTA 2007- 05 & ZMA 2008-002
DOWNTOWN CROZET ZONING
Public Hearing-June 4, 2008
S...
40' .~ ~ ~~:
, L. f!f' . .....,. I
... .fll ........- SO_
""". " I """r; .....-
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CROZET DOWNTOWN DISTRICT
PARKING-Number of Spaces
. Generally 1 spaces/1.000 sf of
NET floor area. Net floor area =
80% of the gross floor area
. Residential units: 1 space required
for one-bedroom units or units
1,000 SF or less. For units over
1,000 SF: Two bedrooms - 2
spaces, Three or more bedrooms
- 2.0 spaces
. Bicycle: 1 space per every 10 auto
spaces
. Congregate housing (like
Mountainside): 1 space for every 5
rooms in addition to 1 space per
employee per shift
. Civic: 1 space per 4 fixed seats or
every 100 SF of assembly area
. No Maximum number of spaces
7
ZT A 2007- 05 & ZMA 2008-002
DOWNTOWN CROZET ZONING
Public Hearing-June 4, 2008
CROZET DOWNTOWN DISTRICT
Parking Sharing & Trading
. Parking may be shared between any uses within the downtown area
boundary where the peak operating hours do not overlap.
. They may share up to seventy-five (75) percent of the required minimum
spaces, current ordinance allows up to 35 percent to be shared.
. Trading in accordance with current ordinance provisions:
e, b:srntmelJ( assllring conTinl/arion of off-sire parking. If stand-alone parking or off-site shared
parking is to be pro\-ided, the applicam sh.,11 submit with the application for a site plan. site
plan waiver or. if a site plan is not required. with an application for a zoning compliance
clearance, an instnunent th.,t r~tricts the ,,,e of that part of the land on which parking is
pro\-ided to that use, and assures th.,t a mininl\1Il11l\Ul1ber of parking spaces as required by tillS
section shall be established and m:untained for the life of the use, The imtnlment shall be in a
form that is suitable for recording. shall be subject to re\'iew and appro\'al as to fonn and
substance by the county anomey. and sh.,ll be recorded in the office of the clerk of the circuit
court of the COlUlly before the site plan or site plan waiver is approved. As the parking
requirements for the use or stnlcrnre change. subsequent imtnllllents m.'y be submined.
reviewed. approved and recorded that rescind or modify the prior instnltuenl.
ZT A 2007- 05 & ZMA 2008-002
DOWNTOWN CROZET ZONING
Public Hearing-June 4, 2008
CROZET DOWNTOWN DISTRICT
Sidewalks
. 10' required width for Primary Streets (Crozet Ave, Three-Notched Rd, New
Main St); 8' all other streets; 5' minimum all other locations such as access
between buildings for fa9ade breaks. (Waivers by agent may be granted.)
'''::'::'1
, "
~~~-~ 0
""""""1 ~...
j
8
ZTA 2007- 05 & ZMA 2008-002
DOWNTOWN CROZET ZONING
Public Hearing-June 4, 2008
ZMA 2008-002 REZONING BOUNDARIES AND EXISTING ZON NG
ZTA 2007- 05 & ZMA 2008-002
DOWNTOWN CROZET ZONING
Public Hearing-June 4, 2008
ZMA 2008-002 Boundaries and Crozet Master Plan
9
- --- - ----
ZT A 2007- 05 & ZMA 2008-002
DOWNTOWN CROZET ZONING
Public Hearing-June 4, 2008
ZMA 2008-002 Rezoning Boundaries
Areas of Public Investment:
· Phase I and II Streetscape projects
· New Library
· Stormwater Master Plan
.~---......_...
.~I-
.--
.--...---,-.-
-_....1-
_..._~_ 01
Crazet'o Aven ue' PNt_ II Pro".-,_c1 :Jt..-fWltpe
c.""
~
10
COUNTY OF ALBEMARLE
MEMORANDUM
TO:
Albemarle County Board of Supervisors
FROM:
Larry W. Davis, County Attorney
Greg Kamptner, Deputy County Attorney
DATE:
June 9, 2008
RE:
Summary of changes to the Downtown Crozet District regulations
Following is a summary of the substantive changes made to the Downtown Crozet District
regulations following the joint public hearing on June 4, 2008.
Sec. 20B.l: The second paragraph was revised to add the promotion of economic and social diversity as
a stated intention of the district.
Sec. 20B.2: No changes.
Sec.20B.3(A): The May 29, 2008 draft of the ordinance allowed the front yard setback (and corresponding
front parking area setback) to be modified from 10 to up to 15 feet. To increase flexibility,
this subsection was revised to allow the front yard setback (and corresponding front parking
area setback) to be modified from 10 to up to 20 feet in 6 specific circumstances listed in
subsection 20B.3(H), and to allow administrative waivers from the side yard parking area
setback and the 200-foot building fayade break. The building fayade break regulations
were also revised to clarify that the building fayade break must occur at least every 200 feet,
unless the director grants a waiver.
Sec.20B.3(8): The date of adoption of the ordinance was added.
Sec. 20B.3(C): This subsection was added to authorize the director of planning to determine which side of a
corner lot is the front for the purposes of determining applicable setbacks, and to determine
which other sides are sides or the rear of the lot. This issue was not discussed at the joint
public hearing.
Sec. 20B.3(D): At the May 29, 2008 joint public hearing, there was concern that a building fayade break
would not necessarily require complete building separation. To assure that adequate light
and air is provided, this subsection was revised to require that buildings separated by a
building fayade break be complete structural breaks, and that the minimum separation be the
width of the pedestrian access or motor vehicle and pedestrian access at all points above the
ground.
Sec. 20B.3(E): This subsection was revised to clarify that only those buildings abutting a street must have
their primary entrance from the front or side of the building, and that only those side
,
entrances serving as the primary entrance are required to have their doors face the front of
the building.
Sec. 20B.3(F): This subsection was revised to provide that an owner can satisfy the requirement that a
building have visibly discernible stories by one or more of the methods listed, instead of by
employing all of the methods listed.
Sec. 20B.3(G): No changes.
Sec. 20B.3(H): This subsection was revised to delineate the six circumstances when maximum building and
parking setbacks can be modified or waived, and when the minimum building fa<;ade break
can be waived. The May 29, 2008 draft ordinance provided only three circumstances.
Sec.20B.3(1): Various subsections of the May 29,2008 draft ordinance cross-referenced section 2.5 of the
Zoning Ordinance for the procedure to administratively waive or modify certain
requirements of this ordinance. Proposed section 2.5 is part ofthe pending administrative
waivers zoning text amendment which has not yet been considered by the planning
commission at a public hearing. To assure that an appropriate procedure for modifications
and waivers is provided for this district, this subsection establishes a procedure for
administrative modifications and waivers to be reviewed and acted upon by the director of
planning or the agent, as specified, with the applicant having a right of appeal if the waiver is
denied or is approved with objectionable conditions. If review of a subdivision plat or site
plan by the commission is requested, the director or the agent may defer acting on the
modification or waiver request and allow the commission to consider the request as part of
its consideration of the plat or plan.
Sec. 20B.3(J): This subsection was revised so that, where appropriate, its language matches the language in
subsection 20B.3(1).
Sec. 20B.4: Subsection (0) was revised to provide that parking areas that do not abut a public street but
are visible from the public street are required to provide screening only if they are visible
from the street in front of the lot on which they are located. This change was suggested so
that screening would not be required where the parking area was visible from the street, but
only from a vantage point somewhere up or down the street and, consequently, at a greater
distance.
Sec. 20B.5: Subsection (A)(2) was revised to increase the minimum height for an opaque wall or fence
providing screening from adjoining residential uses or districts from 4 feet to 6 feet.
Sec. 208.6: No changes
Sec.20B.7: Subsection (B) was revised to clarify that, in addition to an owners' association, an
individual owner could be responsible for maintaining sidewalks and street trees. Subsection
(0) was revised to cross-reference section 20B.3(1) for the applicable waiver procedure.
Figs. 1 and 7: These figures were revised to incorporate substantive changes regarding the maximum
building setbacks allowed with a modification (Figure 1) and the minimum height of an
opaque wall or fence providing screening of the use from an adjoining residential use or a
residential or rural zoning district (Figure 7).
Cc: Albemarle County Planning Commission
2
Draft: 06/09/08
ORDINANCE NO. 08-18( )
AN 0 DINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, AND
ARTI LE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE,
VIRG IA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning,
Articl I, General Regulations, and Article III, District Regulations, are hereby amended and reordained as
folio s:
Sec. 3 1 Definitions
Definitions
Purpose and intent
Permitted uses
Area and bulk regulations
Parking
Landscaping
Outdoor lighting
Sidewalks and street trees
Chapter 18. Zoning
Article I. General Provisions
k: A building setback of a soecified distance that occurs at a orescribed number of stories or feet above
r undo
Draft: 06/09/08
Story: That portion of a building, other than the basement havinll more than one-half (1/2) of its heillht above
llrade, included between the surface of any floor and the surface of the floor next above it. If there be no floor
above it, the space between the floor and the ceiling next above it.
Article III. District Regulations
Section 20B Downtown Crozet District DCD
The followinll uses shall be oermitted in the DCD. subiect to the rellulations in this section:
A. Bv riflht uses: retail and service. The followinll retail and service uses are oermitted bv rillht:
1. Antiaue. llift. iewelrv. notion and craft shoos.
L Automobile. truck reoair shoos excludinll bodv shoos.
3. Barber. beauty shoos.
4. Clothinll. aooarel and shoe sh~
5. Commercial recreation establishments includinll. but not limited to. amusement centers.
bowlinll allevs. 0001 halls an_d dance halls.
6. Convalescent homes (reference 5.1.13).
7. Convenience stores.
8. Deoartment stores.
9. Drull stores. oharmacies.
2
I
Draft: 06/09/08
10. Factorv outlet stores. c1othill!! and fabric.
11. Farmers' markets (reference 5.1.36),
12 . Feed and seed stores (reference 5.1.22),
13. Financial institutions.
14. Fire extimmisher and security oroducts sales and service.
15. Florists.
16. Food and l!rocerv stores includinl! such soecialty shoos as bakerv. candv. milk
disoensarv and wine and cheese shoos.
17. Funeral homes.
18. Furniture and home aooliances sales and service.
19. Hardware stores.
2Q, Health soas.
21. Hotels. motels and inns.
22 Indoor athletic facilities.
21, Laboratories. medical or oharmaceutical.
24. Laundries. drv cleaners.
25. Musical instrument sales and reoair.
26. New automotive Darts sales.
2:L. Newsoaoer oublishinl!.
28. Newsstands. mal!azines. oioe and tobacco shoos.
29. Nursinl! homes (referencOj.lli
30. Office and business machines sales and service.
3 I. Ootical l!oods sales and service.
32. Photol!raohic l!oods sales and service.
li Research and develooment activities. includinl! exoerimental testinl!. subiect to the
oerformance standards stated in section 4.14 of this chaoter.
34. Restaurants.
li Retail nurseries and l!reenhouses.
3
I
Draft: 06/09/08
36. Service stations.
II Soortin!! !!oods sales.
~ Tailors and seamstresses.
39. Temoorarv construction uses (reference 5.1.1 1),
40. Tier I and Tier II oersonal wireless service facilities (reference 5.1.40),
41. Tourist lod!!in!!.
42. Visual and audio apoliances.
B. Bv rif!ht uses: office. The followin!! office uses are oennitted bv ri!!ht:
I. Medicat~~nters.
2~, Offices.
~ Temoorarv construction uses (reference 5.1.1 n.
C. Bv rif!ht uses: Dubhc and civic. The followin!! oubHc and civic uses are oennitted bv ri!!ht:
I. Churches.
2. Clubs. lod!!es. civic. fraternal. oatriotic (reference 5.1.02),
3. Conference centers. outdoor auditoriums. oubHc art or kiosks.
4. Cultural arts centers.
5. Dav care centers (reference 5.1.06),
6. Electric. !!as. oil and communication facilities. excludin!! tower structures and includin!!
ooles. lines. transfonners. oioes. meters and related facilities for distribution o~
service and owned and ooerated bv a oublic utility. Water distribution and sewera!!e
collection lines. pumoin!! stations and aoourtenances owned and ooerated bv the
Albemarle County Service Authority. Exceot as otherwise exoresslv orovided. central
water suoolies and central sewera!!e systems in confonnance with Chaoter 16 ~
Code of Albemarle and all other aoolicable law.
7. Fire and rescue sauad stations (reference 5.1.09),
8 Libraries.
9. Outdoor oerformance areas.
10. Parkin!! structures and stand alone oarkin!! structures (reference 4.12 and 5.1.411
11. Private schools.
4
Draft: 06/09/08
12. Public uses and buildin!!s includin!! temoorarv or mobile facilities such as schools.
offices. Darks. olav!!rounds and roads funded. owned or ooerated bv local. state or
federal a!!encies (reference 31.2.5): oublic water and sewer transmission main or trunk
lines. treatment facilities. oumoin!! stations and the like. owned and/or ooerated bv the
Rivanna Water and Sewer Authority (reference 31.2.5.5.1.12),
13. Temoorarv construction uses (reference 5.1.ln.
14. Theaters. live and movie. includin!! multi-screen movie theaters.
I. Aoartments. either as a sin!!le-familv dwell in!! or as a multiole-familv dwelling,
2. Attached sin!!le-familv dwellin!!s such as townhouses.
3. Boardin!! houses.
4. Condominiums.
5. Grouo homes (reference 5.1.07),
6_. Tourist lod!!in!! within detached sin!!le-familv dwellin!!s existin!! on June 4. 2008.
7. Dwellin!!s occuoied bv the owner or emplovees ofa oermitted commercial use. and
their families (reference 5.1.21),
E. Bv svecia/ use vermit. The followin!! uses are oermitted bv soecial use oermit:
I . Bodv shoos (reference 5. I .3 I ),
2. Buildin!!s more than fifty (50) feet or four stories in hei!!ht. uo to seventy (70) feet or
six (6) stories in hei!!ht. orovided the increased hei!!ht allows the orovision of a
demonstrated oublic benefit. such as orovidin!! affordable housin!! or oarkin!!.
3. Buildin!!s one stOry in hei!!ht.
4. Car washes.
5. Compoundin!! of dru!!s. includin!! biolo!!ical oroducts. medical and chemical as well as
pharmaceutical.
6. Detached sin!!le-familv dwellin!!. orovided that there is no other use oermitted~
subsections 20B.2( A), (8). (C) or (m on the same lot.
1~ Drive-in windows.
8. Electrical Dower substations. transmission lines and related towers: !!as or oil
transmission lines. oumoin!! stations and aoourtenances: unmanned teleohone exchan!!e
centers: micro-wave and radio-wave transmission and relav towers. substations and
aoourtenances (reference 5. I. 12),
5
Draft: 06/09/08
9. Hosoitals.
10. Manufacturinl!. orocessinl!. fabricatinl!. assemblinl!. and distributinl! oroducts includinl!.
but not limited to:
-Artists' suoolies and eauioment.
-Business. office machines and eauioment.
-Cosmetics. includinl! oerfumes. oerfumed toiletries and oerfumed toilet soao.
-Draftinl! suoolies and eauioment.
-Electricallil!htinl! and wirinl! eauioment.
-Electrical and electronic eauioment and comoonents includinl! radio. teleohone.
com outer. communication eauioment. TV receivinl! sets. ohonol!raohs.
-Food oroducts. such as bakery l!oods. dairy oroducts. candy. beveral!es. includinl!
bottlinl! olants.
-Gifts. novelties including pottery. fil!urines and similar ceramic oroducts.
-G lass oroducts made of ourchased l!lass.
-Industrial controls.
-Jewelrv. silverware.
-Light machinery and machine oarts. includinl! electrical household aooliances but not
includinl! such thinl!s as clothes washers. dryers and refril!erators.
-Musical instruments.
-Paoer oroducts such as die-cut oaoerboard and cardboard. sanitary vaDer oroducts.
balls and containers...
-Photol!raohic eauioment and SlIpolies includinl! processinl! and develooinl! olant.
-Rubber. metal stamos.
-Small electrical oarts such as coils. condensers. transformers. crystal holders.
-Surl!ical. medical and dental instruments and suoolies.
-Tovs. soortinl! and athletic eauioment. exceot firearms. ammunition or fireworks.
-Watches. clocks and similar timinl! devices.
-Wood cabinets and furniture. uoholsterv.
1 I. Publishinl!. printinl!. lithol!raohv and enl!ravinl!. includinl! but not limited to
newsoaoers. oeriodicals and books.
6
Draft: 06/09/08
12. Preoaration of orintin!! olates includin!! tvoesettin!!. etchin!! and en!!ravin!!.
13. Stand-alone oarkin!! (reference 4.12),
14. Stora!!e yards.
IS. Tier III oersonal wireless service facilities (reference 5.1.40),
16. Towin!! and stora!!e of motor vehicles (reference 5.1.32),
17. Veterinarv offices and animal hosoitals.
stora!!e
cultural
Area and bulk re!!ulations within the DCD are as follows:
Area and bulk rerzulations. rzenerallv. Anv buildin~s. structures and imorovements established
after une II. 2008 and to which subsection 20B.3(8) does not aoolv. shall be subiect to the followin!!
d bulk re lations and subsections 20B.3(C) throu!!h (J):
I foot
10 feet. exceot uo to 20 feet with administrative.
modification (See subsection 20B.3(H)
o feet
3 feet. exceot 1 foot within a buildine: facade break
20 feet. exceot with administrative waiver (See
subsection 20B.3(H))
o feet
S
P rkin Setbacks
Fro t-Minimum-~imarv use (stand alone oarkine:)
Fron -Minimum-As an accessorY use
Same as maximum front buildine: setback ( 1 0 fe.srt.
exceot uo to 20 feet with modification (See subsection
20B.3( J))
No closer to the rie:ht-of-wav than any existine: or
orooosed orimarv structure on the lot. Parkine: areas
shall be located to the rear and/or side of the orimarv
structures. as viewed from the rie:ht-of-wav to which the
lot abuts. On comer lots. the narkine: areas shall be
located to the side or rear of the orimarv structure. and
not between the structure and any rie:hts-of-wav that
intersect at the comer.
inimum-As a nrimarv use (stand alone oarkine:)
inimum-As an accessorY use
o feet
3 feet
Rea
o feet
7
Draft: 06/09/08
Floors above 40 feet or the third stOry shall be steDDed
back a minimum of 15 feet
Everv 200 linear feet (See section 20B.3(E)). exceDt
with administrative waiver (See section 20B.3(H))
1500 SQuare feet
36 dwelline: units Der acre
None
30 feet or 2 stories
~
50 feet or 4 stories
70 feet or 6 stories
E. . Buildinf! entrances. Each buildin!!: abuttin!!: a street shall have a orimarv entrance from either
the fro tor side of the buildin!!:. A buildine: also mav have secondary entrances on the side or rear of the
buildin If the rimarv entrance is located on till:-.Side.. of a build in!!:. its doors shall face the front of the
b ildin .
8
Draft: 06/09/08
1. Avvlication. The aoolicant shall file a written reauest with the deoartment of
omm nitv develooment statim!. whv one or more of the aoolicable circumstances exist or criteria are satisfied to
he waiver to be I!.ranted.
9
Draft: 06/09/08
The oarkinl! area setback reauirements in
c. The strict aoplication of the aoolicable rel!ulations in subsection 20B.3( A)
not further the ourposes of this chaoter or otherwise serve the oublic health. safety. or welfare or
~. the l!oals e~tablished in the cQmorehensiye olan.
2. Consideration bv the board 9.1 sWJervisors. The board of suoervisors may con~
ues under this sllbsection only as follows:
b. In considerinl! a reauest. the board may l!rant or deny the reauest based uoon
in s se forth in subsection 20B.3(J)(l), amend any condition imoosed by the commission. and imoose
o ditions i deems necessary for the reasons set forth in subsection 20B.3(J)(l),
I. Residential uses: One ( I) soace for each dwellinl! unit hayinl! one ( 1 ) bedroom: two (2)
s or each dwellinl! unit havinl! two (2) or more bedrooms.
Draft: 06/09/08
3. Non-residential uses: bicvc/e varkinf! svaces: For non-residential uses. one (1) bicycle
er ten ( 1 0) automobile oarkin!! soaces reauired.
Landscapinf!. The reauirements of subsection 32.7.9.7(a) and (b) of this chaoter shall~
arkin areas havin!! more than twenty-five (25) soaces. Subsection 32.7.9.7(c) of this chaoter shall not
arkin areas within the DCD. See Fi!!u~
For each develooment reauirin!! aooroval ofa site olan under section 32 of this chaoter. the landscaoin!!
r uir m nts in the DCD shall be as follows:
J. Alternativf! vef!etative screeninf!. The al.!.ent may aoorave alternative methods of
ye!!etativescreeningJhat better ITieet the intent to screen commercial uses fram residential uses and districts. In
a rov n alternative vel.!.etative screeninl.!.. the a!!ent shall make the aooraval in writinl.!. and state the reason for
a rav n the alte~
B. Tree canovv. Subsection 32.7.9.9 of this chaoter shall not aooIv within the DCD.
11
Draft: 06/09/08
Notwithstandin!! subsection 4.17A(b )( I) of this chaoter. the soillover of li!!htin!! from first-story
lumin ri s from non-residential uses in the DCD onto oublic streets and onto other non-residential uses is
rmi ed ro i ed that the Vir!!inia Deoartment of Transoortation aooroves the soillover of lil!ht onto oublic
street i ht -of-wa~
For each develooment reauirin!! aoorova] ofa site olan under section 32 of this chaoter. sidewalks and
street rees in the DCDshall be orovided as follows:
12
Draft: 06/09/08
Fifm res
Eigure 1: Front setbacks
"
10' m'ax ~{ . ,EI
'"'- .~~
I
/
/
~~
Property Line
\
\
\
\
\
20' setback
by administrative waiver
Fil:wre 2: Side setbacks
13
Fil!ure 3: Buildinl! facade breaks
"
"
t .~,','_'" "',_:"
... ._~~' ;'
----...". .;,\,. ,:....,
" ",'
-'-" ",
I 0' setback from ROW
.~ ,I. se~ lan,d s,cape re, quirements
. : lr.j.t
, l~:.:i\, :",
'-#. ~,'-'~" ,fr
II -__ .: /
" --"'-.....,-
I
/
/
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-'""......
"-....
Fil!ure 4: Steobacks and buildinl! heil!ht
4Q"
mechanical
penthouse
. ~~.,..
SO
IS'
Stepback
I
.J
.-,\
",/
14
Draft: 06/09/08
Fi!.!:ure 5: Parkin!.!: areas: screenin!.!: from nublic streets
"".
'.
]4' high
wall or
opaque fence
Ii 10' partcina setback
~#:. +',~ ,:'.h",,'i .' N 1. AiL..
Fi!.!:ure 6: Parkin!.!: areas: landscanin!.!:
t
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--- ,_.. ~
I .
. i
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~.. ~ 1
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iW, ;
.. ,jb \
, r" - I
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,~ ",..W'
'I I
. ;
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_~1," .~ <"..
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. L________________J
80 spaces -
at least 8 shade trees
Screening does not count
toward internal landscaping
15
'f
Draft: 06/09/08
,~,
.1
Fi2:ure 7: Screenin2: reauirements
'.
.'....
".
,t-'
.~~:.~'. ,..~:.::~.." ~:; ~ _::~"<"
i, ,-' '.'-, '~". ~:::.-A.."',
rt rl'ZI1.'" '.. _.'
~~l)~.''' ..... \:
at least
6' high
COMMER.CIAL
'-:.. ..
, ~~ ~:.
,-
of',
.... \
>,' ,
" .;\
. c.. l"
-~.
,. ~
'y .
'"
. ;,..
......,..."
,
,,,' ,
.......
..
............
....
..
- .... SINGLE FAMILY DETACHED
-----
----
---
lot deep
. e Sc.reen
"Iegetatl"l
..
....
....
..
..........
............
COMMERCIAL
Fi2:ure 8: Screenin2: reauirements
SINGLE FAMILY
DETACHED
16
Draft: 06/09/08
Draft: 06/09/08
Fil2:ure 9: Sidewalks and street trees
r---: ':: >
I ;:\~;:}\"
I O' min. required
8 min. In .11 other locatIOns
:-rop.ny 111'14:
I, Ell W. Jordan, do hereby certifY that the foregoing writing is a true, correct copy of an Ordinance duly
adopt d by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to _, as recorded
belo , at a regular meeting held on
Clerk, Board of County Supervisors
Aye Nay
17
Draft: ~6/09/08
ORDINANCE NO. 08-18( )
AN RDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, AND
ART CLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE,
VIR INIA
BE I ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning,
Artic e I, General Regulations, and Article III, District Regulations, are hereby amended and reordained as
folio s:
By A ending:
Sec. DB. 1
Sec. DB.2
Sec. DB.3
Sec. DBA
Sec. DB.5
Sec. DB.6
Sec. DB.7
Definitions
Purpose and intent
Permitted uses
Area and bulk regulations
Parking
Landscaping
Outdoor lighting
Sidewalks and street trees
Chapter 18. Zoning
.1 Definitions
Article I. General Provisions
of a central s ace or sta!!e for
setback of a s ecified distance that occurs at a rescribed number of stories or feet above
Draft:~6/09/08
Sto : That portion of a building, other than the basement havinl! more than one-half (1/2) of its heil!ht above
rad , included between the surface of any floor and the surface of the floor next above it. If there be no floor
abov it, the space between the floor and the ceiling next above it.
Article III. District Regulations
Section 2GB Downtown Crozet District DCD
The ouroose of the Downtown Crozet District (hereinafter referred to as the "DCD") is to establish a
distri t in which traditional downtown develo ment as described for the CT6 Urban Core and CT5 Urban
Cent r transects in the Crozet master Ian will occur.
The followinl! uses shall be oermitted in the DCD. subiect to the rel!ulations in this section:
A. Bv rif!ht uses: retail and service. The followinl! retail and service uses are oermitted bv ril!ht:
1. Antiaue. l!ift. iewelrv. notion and craft shoos.
2. Automobile. truck reoair shoos excludinl! bodv shoos.
3. Barber. beauty shoos.
4. Clothinl!. aooarel and shoe shoos.
5. Commercial recreation establishments includinl!. but not limited to. amusement centers.
bowlinl! allevs. 0001 halls and dance halls.
6. Convalescent homes (reference 5.1.13),
7. Convenience stores.
8. Deoartment stores.
9. Drul! stores. oharmacies.
2
I
10. Factorv outlet stores. clothinl! and fabric.
11. Farmers' markets (reference 5.1.36),
12. Feed and seed stores (reference 5.1.22).
13. Financial institutions.
14. Fire extinl!uisher and security oroducts sales and service.
15. Florists.
Draft:~6/09/08
16. Food and l!rocerv stores includinl! such soecialty shoos as bakerv. candv. milk
disoensarv and wine and cheese shoos.
17. Funeral homes.
18. Furniture and home aooliances sales and service.
19. Hardware stores.
20. Health soas.
21. Hotels. motels and inns.
22. Indoor athletic facilities.
23. Laboratories. medical or oharmaceutical.
24. Laundries. drv cleaners.
25. Musical instrument sales and reoair.
26. New automotive oarts sales.
27. Newsoaoer oublishinl!.
28. Newsstands. mal!azines. oioe and tobacco shoos.
29. Nursinl! homes (reference 5.1.131
30. Office and business machines sales and service.
31. Ooticall!oods sales and service.
32. Photol!raohic l!oods sales and service.
33. Research and develooment activities. includinl! exoerimental testinl!. subiect to the
oerformance standards stated in section 4.14 of this chaoter.
34. Restaurants.
35. Retail nurseries and l!reenhouses..
3
Draft: ~6/09/08
36. Service stations.
37. Soortinl.! l.!oods sales.
38. Tailors and seamstresses.
39. Temoorarv construction uses (reference 5.1.11),
40. Tier I and Tier II oersonal wireless service facilities (reference 5.1.40),
41. Tourist lodl.!inl.!.
42. Visual and audio aooliances.
B. Bv rif!ht uses: office. The followinl.! office uses are oermitted bv ril.!ht:
1. Medical centers.
2. Offices.
3. Temoorarv construction uses (reference 5.1.1 n.
C. Bv rif!ht uses: Dubhe and civic. The followinl.! oubHc and civic uses are oermitted bv ril.!ht:
1. Churches.
2. Clubs. lodl.!es. civic. fraternal. oatriotic (reference 5.1.02),
3. Conference centers. outdoor auditoriums. oublic art or kiosks.
4. Cultural arts centers.
5. Dav care centers (reference 5.1.06),
p. Electric. l.!as. oil and communication facilities. excludinl.! tower structures and includinl.!
ooles. lines. transformers. oioes. meters and related facilities for distribution of local
service and owned and ooerated bv a oublic utility. Water distribution and seweral.!e
collection lines. oumoinlZ stations and aoourtenances owned and ooerated bv the
Albemarle County Service Authority. Exceot as otherwise exoresslv orovided. central
water suoolies and central seweral.!e systems in conformance with Chaoter 16 of the
Code of Albemarle and all other aoolicable law.
7. Fire and rescue sauad stations (reference 5.1.09),
8 Libraries.
9. Outdoor oerformance areas.
10. ParkinlZ structures and stand alone oarkinlZ structures (reference 4.12 and 5.1.41.1
11. Private schools.
4
I
Draft: ~6/09/08
12. Public uses and buildinl!s includinl! temoorary or mobile facilities such as schools.
offices. Darks. olavl!rounds and roads funded. owned or ooerated bv local. state or
federal al!encies (reference 31.2.5): oublic water and sewer transmission main or trunk
lines. treatment facilities. oumoinl! stations and the like. owned and/or ooerated bv the
Rivanna Water and Sewer Authority (reference 31.2.5. 5.1.12),
13. Temoorary construction uses (reference 5.1.11).
14. Theaters. live and movie. includinl! multi-screen movie theaters.
D. Bv rif!ht uses: residential. The followinl! residential uses are oermitted bv ril!ht. orovided that
the first floor of the buildina in which the residential use exists is desianed for and occunied onlv bv a use
nerm tted bv subsections 20B.2f A t rBt rc) or fE):
1. Aoartments. either as a sinl!le-familv dwellinl! or as a multiole-familv dwelli~
2. Attached sinl!le-familv dwellinl!s such as townhouses.
3. Boardinl! houses.
4. Condominiums.
5. Grouo homes (reference 5.1. 07),
6. Tourist lodl!inl! within detached sinl!le-familv dwellinl!s existinl! on June 4. 2008.
7. Dwellinl!s occuoied bv the owner or emolovees of a oermitted commercial use. and
their families (reference 5.1.21 ).
E. Bv svecial use vermit. The followinl! uses are oermitted bv soecial use oermit:
1. Bodv shoos (reference 5.1.31 ).
2. Buildinl!s more than fifty (50) feet or four stories in heil!ht. uo to seventy (70) feet or
six (6) stories in heil!ht. orovided the increased heil!ht allows the orovision of a
demonstrated oublic benefit. such as orovidinl! affordable housinl! or oarkinl!.
3. Buildinl!s one stOry in heil!ht.
4. Car washes.
5. Comooundinl! of drul!s. includinl! biolol!ical oroducts. medical and chemical as well as
oharmaceutical.
6. Detached sinl!le-familv dwellilll!. orovided that there is no other use oermitte<LID;
subsections 20B.2(A)' (E). (C) or (E) on the same lot.
J. Drive-in windows.
8. Electrical Dower substations. transmission lines and related towers: l!as or oil
transmission lines. oumoinl! stations and aoourtenances: unmanned teleohone exchanl!e
centers: micro-wave and radio-wave transmission and relav towers. substations and
aoourtenances (reference 5.1.12),
5
Draft:~6/09/08
9. Hosoitals.
10. Manufacturinl!. orocessinl!. fabricatinl!. assemb1inl!. and distributinl! oroducts inc1udinl!.
but not limited to:
-Artists' suoolies and eauioment.
-Business. office machines and eauioment.
-Cosmetics. inc1udinl! oerfumes. oerfumed toiletries and oerfumed toilet soao.
-Draftinl! suoolies and eauioment.
-Electricallil!htinl! and wirinl! eauioment.
-Electrical and electronic eauioment and comoonents includinl! radio. teleoho~
com outer. communication eauioment. TV receivinl! sets. ohonol!raohs.
-Food oroducts. such as bakery l!oods. dairy oroducts. candy. beveral!es. inc1udinl!
bottlinl! olants.
-Gifts. novelties inc1udinl! ootterv. fil!urines and similar ceramic oroducts.
-Glass oroducts made of ourchased l!lass.
- Industrial controls.
-Jewelrv. silverware.
-Lil!ht machinery and machine Darts. inc1udinl! electrical household aooliances but not
inc1udinl! such thinl!S as clothes washers. dryers and refril!erators.
-Musical instruments.
-Paoer oroducts such as die-cut oaoerboard and cardboard. sanitary oaoer oroducts.
balls and containers.
-Photol!raohic eauioment and suoolies inc1udinl! orocessinl! and develooinl! olant.
-Rubber. metal stamos.
-Small electrical Darts such as coils. condensers. transformers. crvstal holders.
-Surl!icaI. medical and dental instruments and suoolies.
- Tovs. soortinl! and athletic eauioment. exceot firearms. ammunition or fireworks.
-Watches. clocks and similar timinl! devices.
-Wood cabinets and furniture. uoholsterv.
11. Publishinl!. orintinl!. lithol!raohv and enl!ravinl!. inc1udinl! but not limited to
newsoaoers. oeriodicals and books.
6
12. Preoaration of orin tin!! olates includin!! tvoesettin!!. etchin!! and en!!ravin!!.
Draft: ~6/09/08
13. Stand-alone oarkin!! (reference 4.12).
14. Stora!!e yards.
15. Tier III oersonal wireless service facilities (reference 5.1.40),
16. Towin!! and stora!!e of motor vehicles (reference 5.1.32),
17. Veterinarv offices and animal hosoitals.
Area and bulk ref!Ulations. eenerallv. Anv buildin!!s. structures and imorovements established
June 11 2008 and to which subsection 20B.3(B) does
area and bulk re ulations and subsections 20B.3 C},(DJ ii!K1ili)
e-Minimum exceot from accessway or alley
e-Minimum from accessway or alley
-Minimum-As an accessory use
1 foot
10 feet
~, except up to 20 feet with administrative modification
(See subsection 20B.3(H)
o feet
3 feet: except within a buildin!::: facade break. IJ'oo:t
3 feet, except 1 foot within a building facade break
~20 feet. except with administrative waher (See
subsection 20B.3(H))
o feet
See also subsection 20B.3(C) for comer lots
Maximl:lmSame as maximum front building setback (10
~feet, except up to 20 feet with modification (See
subsection 20B.3(J))
No closer to the right-of-way than any existing or
prooosed orimarv structure on the lot. Parking areas
shall be located to the rear and/or side of the orimarv
structures. as yiewed from the right-of-way to which the
lot abuts. On comer lots. the oarking areas shall be
located to the side or rear of the orimarv structure. and
not between the structure and any rights-of-way that
intersect at the comer.
o feet
3 feet
7
I
Draft: ~6/09/08
Rtlar (Minimum)
o feet
SteDbtick<: (See Figure 4)
Fr Imt-Minimum
Floors above 40 feet or the third stOry shall be steDDed
back a minimum of 15 feet
Build nl! far.ade hfl~aks (See Fil!ure 3)
Fr nt-MinimufDo
Everv 200 linear feet (See section 20B.3(9E)), except
with administrative waiver (See section 20B.:will
Lot si e
Minimum
1500 SQuare feet
Densitv
Re idential-Maximum
36 dwellinl! units oer acre
Front ige
Minimum
None
Build'nl! Height (See FiQure 4)
Minimum heiQht-bv right
Mihimum heil!ht-bv snecial use oermit
M, ximum heioht -bv ril!ht
M, ximum heio-ht-bv sDecial use Dermit
30 feet or 2 stories
~
50 feet or 4 stories
70 feet or 6 stories
B. Area and bulk reeulations. vre-existine buildines. structures and imvrovements.
Notw thstanding subsections 6.3( A)( 1) and (3t and subsection 20B.3( A) of this chanter any building or
I structure established before and existing on r;~M'" .J... ~ 'June 11 2008 may be extended or
enlar ed without comolvin2: with the maximum front and maximum side yard setbacks and the minimum front
yard etback for narkin2: as an accessorY use.
C. Corner lots: determination offront and other sides. Notwithstanding sections 4.6.2(b) and 4.6.3
of thi chaoter to the extent they determine when front yard setbacks aoolv for numoses of determining setbacks
the di ector of olanning (the "director") shall determine which side of a comer lot abutting a street shall be the
front )ased UDon the orevailin2: buildin2: oattern that has develooed in the vicinity of the lot and shall then
deterrhine which other sides will be the sides and rear of the lot.
D. Minimum standards for a buildine facade break. Each buildin2: facade break shall orovide
eitherlnedestrian access or motor vehicle and nedestrian access to the side and/or rear of the buildin2: on the
same lot. A building facade break nroviding only nedestrian access shall be a sidewalk havin2: a minimum
width lof five (5) feet. A building facade break nroviding both motor vehicle and nede"trian access shall have a
travelwav at least twelve (12) feet in width and a sidewalk on at least one side havin2: a minimum width of five
(5) fe t. The travelwav and the sidewalk "hall be desi2:ned and constructed to the aoolicable standards in the
desi2:1 standards manual. Buildings separated by a building fas;ade break shall have a minimum separation of
the wikith of the nedestrian access or motor vehicle and pedestrian access at all points above the ground. See
Fi2:un 3.
I f>E. Buildine entrances. Each buildiM-abutting a street shall have a orimarv entrance from either
the fn nt or side of the buildin2:. A building also may have secondary entrances on the side or rear of the
I buildirlQ". ~Ifthe primary entrance is located on the side entraneesof a building. its doors shall face the
front ( f the buildiqg,
I
.gF. Stories. For the ourooses of this section 20B. each stOry shall be visiblv discernible from the
street nd be comnosed of habitable snace and/or occuoiable soace as defined bv the Viminia Uniform
8
Draft:~6/09/08
€G. No structures within easements within setbacks. No structures shall be established within
cated within etbacks.
11
3. Appeal to the commission or the board. The denial of a waiver. or the approval of a
with conditions ob' ectionable to the a licant ma be a ealed from the director to the commission and
from t e commission to the board. as the case may be. as an appeal ofa denial of the plat. as provided in section
14-22 of the Code or the site Ian as rovided in sections 32.4.2.7 or 32.4.3.9 of this cha ter to which the
waive ertains. If subdivision plat or site plan approval is not required. the applicant may file a written appeal
9
Draft:~6/09/08
with he clerk of the board of supervisors within ten ( 1 0) days of the date of the written action by the director or
the c mmission. A waiver considered by the commission in coni unction with an application for a special use
ermit shall be subiect to review by the board of supervisors without the filing of an appeal. In considering a
waiv r on a eal, the commission or the board may grant or deny the waiver based upon its detennination of
whet er one or more a licable circumstances exist or criteria are satisfied amend an condition im osed by
the d rector or the commission, and impose any conditions deemed necessary to protect the public health, safety,
or w I fare.
The oarkin1! area setback reauirements in
I. Consideration bv commission. The commission may waive the oarkin1! area setback
re ui ement in subsection 20B.3(A) and allow a oarkin1! area to be located between a street and a orimarv
sub'ect to reasonable conditions that it may imnose. uoon a findin1! that:
c. The strict aonlication ofthe anolicable re1!ulations in ~tt:bs~Qflsubsection
20B. A would not further the u oses of this cha ter or otherwise serve the ublic health safe OJ:
welfa e or achieve the !.!oals established in the comnrehensive nlan.
2. Consideration bv the board of suvervisors. The board of sunervisors may consider a
re ue t under this subsection onl as follows:
The oarkin!.!. stackin!.! and loadinl:.!: reauirements stated in section 4.12 of this chaoter shall aoolv in the
ub' ect also to the followin :
A. No maximum number ofsvaces. Notwithstandin!.! section 4. 12.4(at there shall be no limitation
on the maximum number of oarkin!.! snaces that may be orovided.
Minimum number ofvarkinf! svaces. Notwithstandin1! sections 4.12.6 and 4.12.7, exceot when
shared arkin is aonroved as nrovided in subsection 20B.4(C) below. the followin!.! schedule shall aoo~
dete ine the minimum number of off-street oarkin1! soaces reauired to be orovided:
10
Draft: ~6/09/08
3. Non-residential uses: bicvcle varkine svaces: For non-residential uses. one (I) bicycle
er ten ( 1 0) automobile oarkinl2: soaces reauired.
For each develooment reauirin!2: aooroval of a site olan under section 32 of this chaoter. the landscaoinl2:
ui ements in the DCD shall be as follows:
A. Screenine. Notwithstandin!2: subsections 32.7.9.8(a) and 32.7.9.8(c)(]) of this chaoter. the rear
of each lot shall be screened from any abuttilll.! lot containinl2: sinl2:le-familv detached or attached dwellinl2: units.
or an abuttin lot in a residential or the rural areas zoninl2: district. See Fil2:ures 7 and 8. The reauired screeninl2:
shall onsist ofve etative screen in an 0 a ue wall or fence or alternative ve etative screen in as rovided
belo to the reasonable satisfaction of the a ent:
1. Veeetative screenine. If onlv vel2:etative screeninl2: is orovided. the screeninl2: strio shall
be at last twen (20) feet in deoth. Vel2:etative screeninl2: shall consist of a double stal2:l2:ered row of everl2:reen
trees lanted fifteen ( 15) feet on center. or a double stal2:l2:ered row of everl2:reen shrubs olanted ten ( 10) feet on
cente .
I I
Draft: ~6/09/08
3. Alternative vef!etative screeninf!. The al!ent may aoorove alternative methods of
e ative screenin that better meet the intent to screen commercial uses from residential uses and districts. In
r vin alternative v etative screen in the a ent shall make the a royal in writin and state the reason for
r vin the alternative.
Tree canovv. Subsection 32.7.9.9 of this chanter shall not aoolv within the DCD.
For each develonment reauirinl! aonroval of a site olan under section 32 of this chanter. sidewalks and
street trees in the DCD shall be orovided as follows:
Waivers from sidewalk reauirements. In accordance with the nrocedures stated in ~tiofl 2.5 of
subsection 208.3(1). the al!ent may waive the reauirements for a sidewalk and/or street trees where
elo er demonstrates that: i the Vir inia De artment of Trans ortation rohibits establishin sidewalks
lantin street trees: or (ii) existinl! utility easements nrohibit establishinl! sidewalks and/or olantinl!
ees.
12
Film res
Draft: ~6/09/08
:........;: /'
;.~ ~,;.../ ;..-
<
/
/
Fi!!:ure 1: Front setbacks
/
Property Line
\
\
\
\
\
15- setback
by administrative waiver
/
'~ """'t::-.t-
Property Line
\
\
\
\
\
20' setback
by administrative waiver
Fi!!:ure 2: Side setbacks
13
Draft:~6/09/08
14
Draft: ~6/09/08
Fi{,wre 3: Buildinll facade breaks
i~
,~~,
"''''''-...... I-
'----...
----:"-100# -' ,,'I, ~I~
-~"'" ---- ~.. ' ;'. .';L
~~""""./ . . ".r"tl." '....
-..... . ~~~.'. :'
/~
4Cl' ,
Fillure 4: Steobacks and buildinll heillht
mechanical
penthouse
I
, ",,..1-
!>>O
IS'
Stepback
"""'1
15
FilZure 5: ParkinlZ areas: screeninlZ from oublic streets
.'
.;{,
].., high
wall or
opaque fence
,
/l I 0' partcinJ Ietback
'!I'-;;':,l!' +<JlIt .'h ~,<, '..,' N, Au
FilZure 6: ParkinlZ areas: landscaoinlZ
<< ~
V-u,---,
.' I n. ,---- ~
~ __ I
~_.,~:..J .
~l~ .
:.. ~ \
."...... ~ t,,;' L
i.. '1
':_~ I~~'" \
..i \
,,:,~;:. .- .
L________________j
Screening does not count 80 spaces -
toward internal landscaping at least 8 shade trees
16
Draft:~6/09/08
Draft: ~6/09/08
Fif!ure 7: Screeninf! reauirements
: .
.',
/
~,~~~;~~," :':~:~t, . f.:. ~'.' ~
....t-,., f S.,t: \ ~f-:, ,
"I~~.M........ .-.... 1~"', ~ ;.~:' '0:. ~,' '.. .
4l':.' >;, . i-" ~ ..'::.... \. .r':
~.~";': ~....:~;..~; -. t'f::"':"/. ~.
~'~'1;"r~ ~.., ~.~~! -." ~s.. ' ,.
:- ~"" ~' r".' Y ,
r~~.~.,?~~l. .i"~ .,....
"
".
.....~/.
:y
"'\-~.
.......,
at least
4' high
- _ SINGLE FAMILY DETACHED
-----
....................... ------
....
....
....
....
....
....
....
....
..
..
....
COMMERCIAL ......
....
-'
.....,
/
, . I
....~"...
~l:;!:~:~~; " . '
~:'..'"",.",'. ','.,''''>>,' "',~','" ',"X.'
';>~'J~-:r~'" '7>~\,,:,,'~._~~! ~:~J~,"'~~1
'-'-:""'f' '11'",' ." .....~~.. .
lit!, ."'.: <~ ,["-1.....
~-~~, ;/.'~ ~~~'t""". ,;~'- '\ ~'-' -
.;",,'
'.,,,,,
at least
6' high
......
.........
--
.........
SINGLE FAMILY DETACHED
....
..
....
....
..
....
......
---
10' deep
. Sc.reen
"egetatNe
-
..............
..
.....
....
....
..
....
..
COMMERCIAL
Fif!ure 8: Screeninf! reauirements
17
COMMERCIAL
;", :
,
,
,
,
,
.
,
.
,
,
,
,
,
I
,
.
,
,
,
,
,
,
,
,
,
I
:
,
,
,
is
II
i.~.
Draft:~6/09/08
SINGLE FAMILY
DETACHED
18
Draft: ~6/09/08
Fi!!ure 9: Sidewalks and street trees
~.
10' mln, required
8' min. .n all other locations
properti 11r\E
I, Ell W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopt d by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to _, as recorded
belo , at a regular meeting held on
Clerk, Board of County Supervisors
Aye Nay
Mr. oyd
Mr. orrier
Ms. allek
Mr. ooker
Mr. S utzky
Ms. homas
19
RESOLUTION
WHEREAS, the Crozet Master Plan describes downtown Crozet as the historical focal point for cultural
and ommercial activities in Crozet and the surrounding areas; and
WHEREAS, the lands within downtown Crozet are currently within various zoning districts, and the
regul tions within those districts have been identified as imposing a number of impediments to the development
and r development of downtown Crozet in a manner consistent with the Crozet Master Plan; and
WHEREAS, Zoning Text Amendment 2007-005 - Downtown Crozet District (DCD) - would establish
a ne zoning district in the Crozet community that implements the Crozet Master Plan; and
WHEREAS, after several public work sessions conducted by the Planning Commission and the Board,
and ith input from several committees comprised of members of the Crozet community, the boundaries of the
prop sed Crozet Downtown Zoning District were identified.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
gener I welfare and good zoning practices, the Albemarle County Zoning Map is amended to change the zoning
map esignation for lands shown on the attached map entitled "Crozet Downtown Zoning * Recommended
Boun ary," by Albemarle County GDS June 2008, which includes the following parcels (identified by their
Coun tax map and parcel number), from their current zoning designation to Downtown Crozet District:
056AlOI0004600, 056AI0100046AO, 056AIOlO004800, 056AIOI0004900, 56AI0I0005000,
056A 1 0 I 0005300, 056A I 010005400, 056A 1 01 00054AO, 056Al 010005500, 56A 10 10005600,
056A 1 0 I 0005700, 056A 1010005800, 056A 1 0 I 00058AO, 056A 1 0 10005900, 56A I 0 I 0006000,
056AIOI00060AO, 056Al 01 0006200, 056AI010006300, 056AI010006400, 56AIOI0006500,
056AI0I0006800,056AIOI0006900,056AIOIOOI1900,056AIOIOO12000,056AI0I0012200,
056AI0I0012300, 056AI010012400, 056AIOI0012500, 056A20100000AO, 56A2010000700,
056A20 I 00007 AO, 056A20 10000800, 056A20 1 0000900, 056A20 1000 1100, 56A20 I 000 1200,
056A201 0001300, 056A2010001400, 056A2010001500, 056A201 0001600, 56A201 00016AO,
056A201 000 1700, 056A20 I 000 1800, 056A20 I 000 1900, 056A20 1000 19AO, 056A20 10002000,
056A20 1 00020AO, 056A201 00020BO, 056A20 10002100, 056A20 1 00021AO, 056A201 0002200,
056A20 10002300, 056A20 1 00023AO, 056A20 10002400, 056A20 1 00024BO, 056A20 I 0002700,
056A20 I 0002800, 056A20 1 00028AO, 056A20 1 00028BO, 056A20 I 00028CO, 056A20 I 0002900,
056A20 I 0003000, 056A20 1 00030AO, 056A20 10003100, 056A20 I 0003300, 056A201 0003500,
056A2010003600, 056A2010003700, 056A2010007000, 056A20100071AO, 056A20100071DO,
056A20100071EO and 056A2020AOOIOO.
*****
I, Ella . Jordan, do hereby certifY that the foregoing writing is a true, correct copy of a Resolution duly adopted
by the oard 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. Bo d
Mr. Do ier
Ms. Ma lek
Mr. Ro ker
Mr. Slu zky
Ms. Th mas
Aye Nay
I!
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Work session on policy regarding Board minutes
AGENDA DATE:
June 11, 2008
ACTION: X
INFORMATION:
SUBJECT/PROPOSAUREQUEST:
Work session to determine if the Board wishes to change its
record keeping policy from near-verbatim minutes to
summary minutes
CONSENT AGENDA:
ACTION: INFORMATION:
STAFF CONTACT(S):
Tucker, Foley, Elliott, Davis, Allshouse, L., Jordan
LEGAL REVIEW: Yes
ATTACHMENTS: Yes ~___
REVIEWED BY: /L, I
//&0 \
/
BACKGROUND:
In December 2007, Mike Chandler, facilitated a "Code of Governance" work session for the Board to discuss
operations and procedures that may be beneficial to the Board. Mr. Chandler observed that Board members are
prepared for meetings, are open to different opinions, and are respectful to the public, County staff and each other. He
did note; however, that the length and number of Board meetings have increased substantially over the years.
During the work session, Mr. Chandler reviewed the County's Rules of Procedure, presented data regarding the
increase in the length of Board meetings and made suggestions which included a recommendation that the Board
consider modifying their recordkeeping requirements now that Board meetings are podcasted. Based on this
discussion, the Board agreed to the following:
1) Adopt Small Board procedures and incorporate them into the Board Rules of Procedure in January 2008 with
the exception that motions will require a second before voting.
2) Hold a third day meeting each month on an as needed basis, to be primarily designated for afternoon work
sessions.
3) Regarding the agenda item: From the Public: Matters Not Listed for Public Hearinq, the Board requested that
the Clerk develop clear written instructions to be provided to the public who wish to speak under this item and
that these instructions be projected on the screen during this portion of the meeting.
4) The Chairman should informally recognize which Board member is speaking, in order to assist with meeting
decorum, minute preparation, and podcasting clarity.
5) At the end of the Board discussions on items during the meeting, the Board Chairman should summarize
Board direction to staff.
Additionally, the Board agreed to:
6) Hold a work session to review an example of summary style minutes and determine whether the Board would
want to change from detailed (near-verbatim) meeting minutes to summary minutes now that meetings are
podcasted.
STRATEGIC PLAN:
This work session supports the County's mission "to enhance the well-being and quality of life for all citizens through
the provision of the highest level of public service consistent with the prudent use of public funds."
DISCUSSION:
Information regarding current Board recordkeeping procedures and alternatives is provided below to inform the
Board's discussion. More details are available in the attachments.
Leqal Requirements: Virginia Code ~ 15.2-1242 requires local governing bodies to record the proceedings of their
meetings, either in "well-bound books" or on microfilm or microfiche. The Virginia Freedom of Information Act requires
that minutes include, but are not limited to, (i) the date, time, and location of the meeting; (ii) the members of the public
body rec rded as present and absent; and (iii) a summary of the discussion on matters proposed, deliberated or
decided, nd a record of any votes taken. It is important that minutes accurately reflect the adoption of ordinances,
resolutions, and appropriations. Detailed minutes of discussions are not legally required. There is no specific legal
deadline r when Board minutes are required to be completed after a Board meeting is held.
There are three types of Board minutes typically used throughout the Commonwealth:
· A tion minutes - identifies what matters are discussed and provides an outline of the actions taken at a
eeting which includes votes, resolutions, and ordinances.
· S mma minutes - includes the votes, resolutions, ordinances and a summarization of the meeting
discussion. The level of detail included in summary minutes varies by locality.
· D tailed near-verbatim minutes- includes votes, resolutions, ordinances and a "near-verbatim" record of all
di logue which occurred during Board meetings.
Current P ocedure: The County currently records, podcasts and provides detailed minutes of Board meetings. While
detailed inutes provides for a thorough permanent written documentation of all dialogue held during Board meetings,
preparing this type of minutes is a time-consuming procedure.
Ste s taken for minute re aration:
1. D ring a Board meeting, the Clerk or Deputy Clerk tapes and podcasts the meeting and also makes a written
r cord of all Board actions.
2. A er the Board meeting ends, the Clerk outsources minute preparation to transcriptionists who spend on
a erage approximately 4 hours to transcribe each 1 hour that the Board meets. (Transcriptionists are paid
fr m $11 to $16 per hour depending on their speed and experience)
3. A er the meeting transcriptions are completed, the Clerk or Deputy Clerk proofs the draft minutes and at times
Ii tens to portions of the meeting's tape recordings to ensure the written transcriptions are correct. This task
ty ically requires approximately 1 to 1.5 hours of staff time for each Board meeting.
4. T e Clerk then forwards the minutes to the County Attorney for his review. The County Attorney estimates this
r iew requires approximately 0.5 to 1 hour of time depending on the length of the meeting.
5. A er the County Attorney's review, the Clerk makes any revisions to the minutes as appropriate.
6. T e Clerk then submits the completed sets of minutes to the Board for approval.
7. Bard members review and approve minutes.
8. A er the Board's approval, minutes are archived into bound minute books, and electronic copies are uploaded
to the County's website.
Timelines :
A set of m nutes for one six hour Board meeting requires approximately 27 hours to complete, including 24 hours for
transcripti n, and an additional 3 hours for proofing/editing. While the Board Office is making every effort to expedite
the compl tion of Board minutes, as of June 4, 2008, twenty (20) sets of minutes (eight months) have yet to be
finalized, pproved, and uploaded to the County's website.
.
rkload:
o Increase in Board meetinqs: The number of hours the Board met increased 43 percent between CY
2000 and CY 2007. During the first half of the current calendar year, the number of days the Board
met increased 25 percent compared to the same period in CY 2007 while the number of Board
meetings scheduled during this period increased by 45 percent. (See Attachment A).
o Increase in Board Office duties: The Clerk and Deputy Clerk coordinate all meeting arrangements,
attend all Board meetings, manage 75 Board-appointed Boards and Commissions, develop the Board
agendas, follow up on Board actions, and are responsible for responding to constituents' requests
received at the Board Office, Board correspondence, and the preparation and maintenance of all
Board-related records. The Clerk also serves as the Records Manager for the County and as the
Secretary to the Economic Development Authority. Since 2002, the Board Office provides both paper
agenda packets and electronic copies of the Board packet which the Board Office uploads to the
County's website prior to each meeting. Electronic agenda packets designed by the County's Board
Office incorporate hyperlinks to all attachments and are therefore more user-friendly than the PDF
versions that many other jurisdictions utilize. Additionally, the Board Office is now responsible for
podcasting (including "chunking") of all Board meetings.
· esources: In 1991, the number of staff members in the Board Office decreased from 3 FTE and one
t mporary worker to 2.5 FTE. Currently, the Board Office employs a Clerk and Deputy Clerk and the funds
b dgeted for the 0.5 FTE position is used to pay for transcriptionists.
Pod casts
The Cou ty began podcasting Board of Supervisors meetings in Summer 2006 and "chunking" these podcasts in
Decembe of 2006. Podcasts of Board meetings are quite beneficial as they capture all conversations (including
verbal infl ction and passion) that take place during a Board meeting and are available on the County's website
usually wi hin a couple days of the meeting. The number of listeners to Board of Supervisors meetings by podcasts
continues to substantially increase as reflected by the fact that in March 2008, 464 visitors logged onto the Board of
Supervis rs podcast website. Those visitors amassed a total of 1,725 visits and 4,543 mp3 downloads during that
month. (S e Attachment B for more information). While podcasts can be archived indefinitely, they cannot legally serve
as the offi ial public record and have limitations. At times, portions of pod casts can be inaudible or even unavailable.
There are still parts of the County that do not have DSL services and some home computers are not equipped to play
podcasts. Also, at times, it may be difficult for listeners to determine who is speaking during portions of the Board's
meetings. Nevertheless, podcasts of Board meetings offer a convenient way for an increasing number of residents to
listen to Bard discussions and stay informed about their County government.
Summa Minutes
Summary style minutes include Board member votes, resolutions, and ordinances as well as a summarization of the
discussio s that took place during a Board meeting. The amount of detail included in summary minutes can vary
greatly.
Should th Board desire to change its record keeping policy from near-verbatim to summary minutes, Board Office staff
proposes he County's style of summary minutes should include a certain level of detail. (See Attachment C for a
sample st Ie of summary minutes offered for the Board's consideration. Attachment D includes actual near-verbatim
minutes f r the same meeting for comparison.) While the actual costs are unknown, staff estimates the preparation of
summary inutes such as these would reduce the administrative expense required for minute preparation. If the Board
desires s mmary minutes to include an increased level of details than included in Attachment C, administrative effort
and costs to do so may not differ substantially from those of the County's current procedure.
BUDGET IMPACT:
As the nu ber and length of Board meetings increase, the costs to prepare detailed sets of minutes increase
commens rately. Changes in record-keeping requirements could reduce the Clerk's Office's administrative costs and
enhance t e efficiency and delivery of this service to citizens and Board members. If the Board desires to continue with
the status quo, additional resources will be required in order for the Board Office to increase the timeliness of the
completio of the official record.
RECOMMENDATION:
Due to th increase in the number and length of Board meetings, the increasing use of Board meeting podcasts, and
the time r quired to complete near-verbatim minutes, staff recommends that the Board consider modifying its formal
record-ke ping requirements from near-verbatim meeting minutes to summary minutes.
If the Boa d desires to continue to include a near-verbatim record of the dialogue which occurred during the Board
meetings s part of the official record, staff recommends additional revenues be appropriated, which will be brought
back to yo in the near future, to ensure the Board meeting's official record is completed within a reasonable
timeframe
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Attachment E
Clerk Office Survey Results
November 2007
Survey Design:
As part of the County's efforts to become more efficient and to seek best
practices, the Clerk of the Board of Supervisors, with assistance from a UV A
Intern, sent an e-mail questionnaire to members of the Virginia Municipal
Clerk's Association to obtain information on other localities' Clerk-related
operations.
The survey included a question regarding the type of Board minutes that are
used. For the purposes of this survey, "Action" minutes are those that meet
legal requirements and include the actions and votes taken by the Board.
"Summary" minutes include actions taken and a summary of discussions that
occurred during the meetings. Summary minutes can vary from those that
include very brief statements such as "discussion ensued" prior to the notation
of a specific Board or Council action, to those with a higher level of detail
regarding discussions held during the meetings.
The Clerk e-mailed the questionnaire out on November 2, 2007 and within
two weeks, had received 63 responses from County, City and Town Clerks.
Results:
Of the 63 jurisdictions that responded, 9 localities describe their written
minutes as "action" minutes, 41 localities stated their jurisdictions use a
"summary" style of minutes, and 13 localities stated their minutes are detailed
or "near-verbatim" minutes, similar to those currently prepared for
Albemarle County.
Of Albemarle's peer counties that responded to the survey, James City
County, Roanoke, Stafford, Chesterfield and Henrico Counties' Clerks stated
they prepare summary minutes, and Spotsylvania County's Clerk stated their
County prepares near-verbatim minutes.
Fifteen of the responding jurisdictions noted they also podcast their meetings.
In addition to Spotsylvania County, the other jurisdictions that indicate they
prepare near-verbatim minutes include the towns of Wacha pre ague, Windsor,
Boydton, and Hillsville; the cities of Hampton, Norton, Roanoke and Falls
Church; and the counties of Botetourt, Augusta, Warren and Loudoun. Of
these jurisdictions, seven stated that they do not podcast their meetings.
Strategic Objective:
1.4 By June 30, 2010,
enhance the safety
of the County by im-
proving emergency
response times and
. .
Increasing preven-
tion activities and
services.
.
Goal One:
Enhance Quality of Life for all Citizens
p.nliance the Safety of the County
Citizens of Albemarle County consistently rate public safety as a
high priority in the County's biennial citizen surveys. As the County
transitions from a predominantly rural and suburban County, it be-
gins to face public safety challenges and pressures similar to those
faced in small cities. The following table provides information on
how the County's public safety budget has evolved during the last
ten years as it responds to these challenges,
FY 97/98 FY 07/08
Budget Budget
Number of Fire Rescue Staff 10 80
Volunteer Fire Rescue Operations $777,770 $1 .7 million
Number of Sworn Officers 91 121
Number of Adult and Child 11 14.5
Protective Services Social Workers
As the County continues to evolve and grow, it desires to improve
its public safety-related response times for both the development
and rural areas of the County. The County also strives to develop
additional strategies to reduce the incidents of fires, crimes, and
traffic-related accidents and to keep children and adults safe from
abuse, neglect and/or exploitation.
Key Performance Indicators:
. Improve response times
. Increase the number of prevention activities and services
(including intervention, enforcement, engineering and
education activities)
. Increase the percentage of commercial vehicles on Albe-
marle County roads that are in compliance with vehicle
safety requirements.
. The Albemarle County Fire Rescue Advisory Board will
complete a strategic plan
RECEIVED AT BOS MEETING
~-IJ-PR
Date:
Agenda Item t#:
Clerk's Initials:
()
8
if
.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA ITLE:
FY07-FY10 Strategic Plan - June 2008 update
AGENDA DATE:
June 11, 2008
ACTION: X
INFORMATION:
SUBJECT PROPOSAL/REQUEST:
Approve t e June 2008 update to the FY 07-FY10
Strategic Ian
CONSENT AGENDA:
ACTION: INFORMATION:
STAFF C NTACT(S):
Tucker, F ley, Elliott, Allshouse, L., Eggleston,
Miller, Ral ton, Hanson
ATTACHMENTS: Yes
REVIEWED BY:
--
BACKGR UND:
Since the arly 1990's, the County has engaged in multiple organizational and departmental strategic planning activities. In
2001, the ounty developed a strategic planning management system and the Board of Supervisors held its first annual
strategic panning retreat. At that time, the Board began providing more leadership to and involvement in the County's
strategic panning process. Each fall, the Board holds a retreat to review past performance, new data and trends, and
informatio from employees regarding the County's changing environment. The fall retreat also informs and guides the
annualop rating budget process that commences shortly thereafter. As a result of the Board's discussions at its retreats,
the County often makes adjustments to the County's Strategic Plan to proactively address emerging strategic challenges.
For examp e, during the FY 03 - FY 06 Strategic Plan time period, the Board added objectives to focus staff's efforts on
emerging t ansportation and infrastructure challenges.
The Board adopted the County's current FY07- FY1 0 Strategic Plan in July 2006 and directed County staff to continue its
focus on nhancing the County's quality of life, protecting its natural resources, managing growth, developing
infrastruct re, and creating a long-range comprehensive funding strategy. At its fall 2006 and 2007 retreats, the Board
provided a ditional guidance to staff regarding the comprehensive long-range funding, master planning, and transportation
objectives. In addition, the Board reviewed and discussed emerging public safety challenges facing the County at its 2007
retreat.
July 1,200 marks the mid-point for implementation of the County's FY 07 -FY 10 Strategic Plan. Since the Strategic Plan
was adopt d in July 2006, the County has elected a new Board member; staff has identified key performance indicators,
and updat d data is available for inclusion in the County's environmental scan section of the document. In order to ensure
that this pi n remains proactively focused on the County's strategic challenge, it is important that the Board consider
annual up ates to its Strategic Plan.
STRATEG C PLAN:
2008 Upda e to the FY 07- FY 10 Strategic Plan
As referen ed above, during the 2007 Fall Strategic Planning Retreat, the Board focused on long-range funding, master
plan imple entation, transportation, and emerging public safety strategic challenges. While master planning and
transportat on are included in the County's Strategic Plan, public safety is not. To ensure the Strategic Plan aligns County
strategies nd efforts to meet emerging challenges, staff stated during the Retreat they would bring back a recommended
Public Saf ty Strategic Plan Objective for the Board's consideration. For the past several months, representatives of the
Police Dep rtment, Emergency Communications Center, Department of Fire Rescue, and Department of Social Services
have met t discuss cross-departmental public safety related strategic challenges and develop a recommended objective
statement. he recommended Public Safety objective included in the attached Strategic Plan update (Attachment 1) on
page 8 foc ses on increasing prevention activities and services and improving public safety emergency response times.
Attachme t 2 provides additional information and background related to the Public Safety strategic challenges. Staff briefed
the Albem rle County Fire Rescue Advisory Board (ACFRAB) on this initiative during its May 2008 meeting. Since
ACFRAB lays a critical role in the County's Fire/Rescue system and is currently launching its own strategic planning
process, s aff felt that it would be of value to share this information with this body prior to full Board consideration.
After the Bard approves the inclusion of a public safety objective into the County's plan, then strategy development will
commenc and these efforts will include County staff, members of the Albemarle County Police Citizen Advisory
Committe ,the Department of Social Services Advisory Board, ACFRAB, the Region's Emergency Communication Center
as well as ther partners and stakeholders.
The Count's strategic planning process is cyclical and informs the County's budgetary processes. At the 2008 fall Retreat,
the Board ill review the County's annual progress report and key performance indicator data. In addition, staff anticipates
that the Bard will review the results of the 2008 Citizen survey, will receive a presentation on trends and updates to the
County's e vironmental scan data, and will weigh insights from County staff regarding challenges and opportunities on the
horizon. T e agenda for the 2008 retreat is being prepared with guidance from the Board's Chair and Vice-Chair.
BUDGET IMPACT:
The Strate ic Plan provides direction to the County's annual budget and Five-Year Financial Plan processes.
RECOMM NDATIONS:
Staff reco mends the Board review and discuss the proposed June 2008 update to the FY 07-10 Strategic Plan during its
June 11, 2 08 work session on this matter. If the updates to the plan meet the Board's approval, staff recommends the
Board app ove the updated Strategic Plan and the addition of the proposed public safety strategic objective:
Pn posed Strategic Objective:
1. By June 30, 2010, enhance the safety of our County by improving emergency response times and increasing
prevention activities and services.
Strategic Plan
Fiscal Years 2007 - 2010
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Sally Thomas Ann Mallek
Samuel Miller White Hall District
District
Kenneth Boyd
Chairman
Rivanna District
David Slutzky
Vice-Chairman
Rio District
June 2008 Update
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Ie of Contents
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Letter from the County Executive
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Our Vision, Mission and Values
Strategic Plan Development Process
Goal One:
Enhance the Quality of Life for all Citizens
Goal Two:
Protect the County's Natural Resources
Goal Three:
Develop Policies and Infrastructure Improvements to Address
the County's Growing Needs
Goal Four:
Effectively Manage Growth & Development
Goal Five:
Fund the County's Future Needs
Environmental Scan
Performance Indicators
II
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Bob Tu ker
County xecutive
11'11
Dear Citizens:
On behalf of the Albemarle County Board of Supervisors,
I am pleased to provide you with an updated version of
Albemarle County's FY 2007 -10 Strategic Plan. Albemarle
County enjoys a strong economy, excellent services, an
attractive setting, and is home to numerous historic attrac-
tions. We are a community in transition, with challenges
and opportunities presented by our continued growth and
diversifying population.
In Albemarle County, our strategic plan is not a static
document. In order to be one of the best places to live and
work in the country, Albemarle County must continue to
respond strategically to the needs of our citizens and our
changing environment while protecting our natural beauty
and rural character. Each year, we review our progress and
identify new challenges and opportunities. As often as
necessary, we adjust our efforts to ensure the County
reaches its goals and achieves its vision.
For the next two years of this Strategic Plan, the County's
goals and objectives will direct staff's strategic efforts. This
updated version of the strategic plan includes key perform-
ance indicators (KPls) for each objective, updated data, and
staff's recommendation for the inclusion of a public safety
objective in response to the Board's review and considera-
tion of this topic at their 2007 fall Strategic Planning Retreat.
Robert W. Tucker, Jr.
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OUf Vision
Albe arle County will feature pedestrian friendly and self sufficient
com unities. The Countryside will be rural. The County's natural
reso rces and natural beauty will be maintained. The County's
educ tional system will be world class and the County's quality of life will
be e ceptional.
OUf Mission
To e hance the well-being and quality of life for all citizens through the
provi ion of the highest level of public service consistent with the prudent
use f public funds
OUf Values
We value our customers and co-workers by always
providing honest and fair treatment.
We embrace creativity and positive change.
We honor our role as stewards of the public trust by
managing our natural, human and financial
resources respectfully and responsibly.
We encourage and support life long learning and
personal and professional growth.
Ste ardship:
Lear ing:
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Stra egic P[an (])eve[opment Process
Over the past 16 years, Albemarle County has engaged in organizational improvement and strategic
planning activities. In 1992, the County initiated a strategic Quality Improvement Program (QuiP),
which focused on departmental strategic plans, employee training, and customer service initiatives, In
1994, th County, City of Charlottesville, and the University of Virginia (UV A) organized their efforts
around a joint "Vision" and strategic initiatives. In 1998, the County Board of Supervisors adopted the
County's first official Strategic Plan, which combined County plans, goals, and strategies into one
documen for clarity and focus. In April 2001, the County Board of Supervisors held the first strategic
planning etreat to begin a new strategic planning process. This effort resulted in the County's FY 03-
06 Strategic Plan of action. Each subsequent year, the Board has held an all day retreat to review
past perf rmance, new data and information from County employees regarding their views on the
County's changing environment and make adjustments to the plan to proactively address the chang-
ing envir nment. On September 9, 2005, the Board initiated the development of the County's FY07 -
FY10 Str tegic Plan. After reviewing additional analysis of the 2004 citizen survey results, County
data, and information about the County's progress toward current strategic goals/objectives, the Board
directed ounty staff to continue its focus on enhancing quality of life, protecting natural resources,
and man ging growth, and to increase their focus on developing infrastructure and to develop a
compreh nsive funding strategy to meet the County's future needs.
The Cou ty's strategic plan process is cyclical.
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D ring the winter and spring of FY 06, staff held five work sessions with the Board to develop
measura Ie objective statements for the new plan. The Board approved the FY07 - FY1 0 Strategic
Plan in J Iy 2006. In fall 2006 and fall 2007, the Board's strategic planning retreats focused on re-
viewing t e County's progress, developing a comprehensive long-range funding strategy objective,
providing strategic direction regarding the master planning and transportation objectives, and discuss-
ing emer ing strategic public safety challenges.
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Goal One:
ance Quality of Life for all Citizens
Clius !Eliucation System
The citiz ns of Albemarle identify quality education as the commu-
nity's nu ber one priority. The County has 25 schools and ap-
proxima ely 12,500 students, Students may also attend the Char-
lottesvill /Albemarle Technical Education Center (CATEC), Ivy
Creek S hool, or the Piedmont Regional Education Program.
Eighty-o e percent of County students pursue post-secondary
education and all of its schools are fully accredited by the Com-
monwealth of Virginia. Albemarle County's School Division desires
to ensur Albemarle County provides a world-class education for
all our s udents. The School Division adopted a Strategic Plan of
its own t meet the challenges that students, families, teachers,
staff an the County's diverse communities will face over the next
3 to 5 y ars. The goal is for all County students to be able to enter
a global ommunity in which they will work, live, compete, and col-
laborate with other knowledgeable workers across the globe. To
achieve orld-class status, the school system, School Board
member ,Albemarle County Board of Supervisors members, and
local go ernment employees desire to collaborate more closely
together and to strengthen their partnerships with youth, busi-
nesses, gencies, parents, and other members of the community.
1.1 y June 30, 2009, the Board of Supervisors and
eneral government employees will increase
ollaborative efforts with the School Board and
ith employees of the school system to assist
the School Division to achieve recognition as a
"world class education system."
· Coli borate with school personnel to assist the School Division decrease achievement gaps in
Sta dards of Learning scores in the areas of Math and English
· Incr ase the number of and participation in joint training opportunities for local government and
sch 01 leadership
· Incr ase the collaboration initiatives undertaken by schools and local government, while maintain-
ing nd enhancing the ones currently underway
· Incr ase the number of school and local government employees who participate in affordable
hou ing-related training courses
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Goal One:
Enhance Quality of Life for all Citizens
~ffonia6fe NDUSing
In general terms, the County views affordable housing to mean
safe, decent housing where costs do not exceed 30% of the
gross household income. According to the 2000 U.S. Census
data, 19% of the Albemarle County home owners paid more than
30% of their monthly income towards housing costs and 38% of
the rental households in Albemarle County reported paying over
30% of their household incomes on housing. While these afford-
able housing rates are similar to those of Albemarle County's
comparable counties and throughout the state of Virginia and
housing is significantly impacted by market forces beyond the
County's control, increasing affordable housing opportunities is
one of the County's top priorities. The County plans to expand
its partnership with others, provide a range of programs, and
take a multi-focused approach to maximize affordable housing
opportunities.
Strategic Objective:
1.2 By June 30, 2010, working in partnership with
others, increase affordable housing opportunities
for those who live and/or work in Albemarle
Cou nty.
ey Performance Indicators:
. Maintain the utilization of the federally-funded Housing Choice Program at 95% of
the authorized budget
. Eighty families per year will complete the County's homebuyer education programs
Thirty-five County families will receive assistance to purchase affordable homes
each year
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Goal One:
ance Quality of Life for all Citizens
!& . tVitafity
The Co nty benefits from a strong economy, The County has a
highly-skilled and educated workforce, low unemployment rate, tax-
able sales that rose 65% between 1997 and 2007, and has added
11 ,000 obs in the five year period between 2002 and 2007. Even
so, ma ufacturing employment in the County has been stagnant to
declinin during these years. This sector presently accounts for
roughly 3,000 jobs in Albemarle. Our Metropolitan Statistical Area
(MSA) as the 2nd highest cost of living of the eight largest urban
areas i Virginia* and while the number of University of Virginia stu-
dents i pact the percentage, the 2000 census data indicated that
20% of he County's population lives below 200% of the federally-
defined poverty level. The County desires to maintain a strong, sus-
tainabl economy, increase business activity in the urban cores of
develo ment areas, and ensure all citizens of the County are able to
particip te fully in a vibrant economy.
gic Objective:
1.3 y June 30, 2010, the County will:
maintain a strong and sustainable economy;
increase the economic vitality of the County's development areas; and
increase the ability of those individuals and families, who are living in lower
income households, to become self-sufficient.
Key Performance Indicators:
. Eco omic indicators - unemployment rate and job growth
. To f ster career-ladder jobs, maintain professional/technical and construction employ-
me t jobs between 5% and 6% each of the employment base, as identified by VEC
· Incr ase grape production over 2004-05 baseline of 9% to support Albemarle County's largest
agri ultural product, viticulture
· lncr ase commercial-office and residential mixed-use square footage in the development areas
· lncr ase in the amount claimed by low-income taxpayers through IRS Earned Income Tax
Cre it Program
· 100 0 of eligible children will receive Family Access to Medical SeNice (FAMIS) or Medicaid.
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Strategi Objective:
1.4 By une 30, 2010,
en ance the safety
of t e County by im-
pro ing emergency
res onse times and
inc easing preven-
tio activities and
se ices.
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Goal One:
Enhance Quality of Life for all Citizens
fEnliance tIie Safety of tlie County
Citizens of Albemarle County consistently rate public safety as a
high priority in the County's biennial citizen surveys. As the County
transitions from a predominantly rural and suburban County, it be-
gins to face public safety challenges and pressures similar to those
faced in small cities. The following table provides information on
how the County's public safety budget has evolved during the last
ten years as it responds to these challenges.
FY 97/98 FY 07/08
Budget Budget
Number of Fire Rescue Staff 10 80
Volunteer Fire Rescue Operations $777,770 $1 .7 million
Number of Sworn Officers 91 121
Number of Adult and Child 11 14.5
Protective Services Social Workers
As the County continues to evolve and grow, it desires to improve
its public safety-related response times for both the development
and rural areas of the County. The County also strives to develop
additional strategies to reduce the incidents of fires, crimes, and
traffic-related accidents and to keep children and adults safe from
abuse, neglect and/or exploitation.
Key Performance Indicators:
. Improve response times
. Increase the number of prevention activities and services
(including intervention, enforcement, engineering and
education activities)
. Increase the percentage of commercial vehicles on Albe-
marle County roads that are in compliance with vehicle
safety requirements.
. The Albemarle County Fire Rescue Advisory Board will
complete a strategic plan
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Goal Two:
tect the County's Natural Resources
1 e La"" in CcmsetWtUm !Easements
A co servation easement is a voluntary agreement in which land-
own rs place specific restrictions on the use and development of
their land. Permanent conservation easements provide lasting
bene its to the public by protecting natural resources such as agri-
cultu al and forestry land, wildlife habitat, water resource buffers
and istoric sites. Nearly 50,000 acres of the County are currently
prot cted by conservation easements. While the County purchases
ease ents through the Acquisition of Conservation Easements
(AC ) program, approximately 89.8 percent of the current acreage
in co servation easements has been donated to or purchased by
othe entities.
The ounty also protects natural resources through protected prof-
fers r park land and greenway development and accepting dona-
tions of park lands from private entities and individuals. To perma-
nentl protect the County's natural resources, the County, in coop-
erati n with its partners, desires to increase the number of acres
prot cted by conservation easements.
Str tegic Objective:
2.1 By June 30, 2010, increase the total combined
acreage in permanent conservation easements
and qualifying public parkland by 30,000
additional acres (50%) using public and private
means.
Key Pe ormance Indicators:
· Incr ase, by 7,500 per year, the number of acres of County land protected by conservation ease-
ments or qualifying park land. (Annual results for this objective are collected on a calendar year
basi ; 2007 totals will be available February 2008)
. Incr ase the number of applications received for the ACE program
. Incr ase the amount of funding received from grants and donations
. Incr ase the number of development rights that are eliminated by ACE
.
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Goal Two:
Protect the County's Natural Resources
Water !Rpources
Albemarle County has long been recognized as a leader among
local governments in water resource protection. For over a quarter
century, it has established land use plans based on water re-
source protection, It remains the only county to voluntarily imple-
ment elements of the Chesapeake Bay Preservation Act. The
County aggressively pursued stormwater management to address
both water quality and water quantity impacts of land development
long before it was required. Albemarle is one of the few counties in
Virginia to implement an ordinance for protection of groundwater
and groundwater quality for use as a water supply. Because the
County has numerous water resource goals and objectives, there
is a need to assure there is consistency among these plans and
that no gaps exist. To that end, the County has sought to create
an integrated water resource strategy that incorporates all of these
goals. County staff believes that the development of a riparian
buffer program will be a particularly important strategy for water
resource protection and should be embarked on as part of this
strategic plan.
Strategic Objective:
2.2 By June 30, 2010, the County, working in
cooperation with Rivanna Water and Sewer
Authority and others, will increase the quality,
supply, and protection of the County's water
resources.
Key Pe ormance Indicators:
. De rease miles of impaired streams in County
· Inc ase percent of monitoring sites that have "good" or "very good" scores of biological health
in t e Rivanna basin
· RWSA shall receive Federal water quality permits for community water supply by the fall of
200
. Be in construction on community water supply by 2009
. I nc ase acres of restored riparian buffers
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Goal Three:
D velop Policies and Infrastructure
Imp ovements to Address the County's
Growing Needs
q-ra tion
Albem rle County, like all parts of Virginia, has been experiencing
an inc ease in transportation congestion alongside a decrease in
state t ansportation funding and construction, The County has his-
toricall relied on the Virginia Department of Transportation (VDOT)
for the funding and implementation of VDOT's secondary road con-
structi n and maintenance programs. The County does not have the
neces ary legal authorities, staff resources, expertise or funding
mechanisms to administer the County's secondary road system
adequ tely.
In rec nt years, the County has had an enhanced role in certain
areas f road construction. The County has also addressed trans-
portati n needs by funding public transportation provided by Char-
lottesv lie Transit Service (CTS), serving parts of the County's ur-
banize areas, and JAUNT, and serving all parts of the County on
a fixed route and on a demand/response basis.
Becau e of the increasing transportation needs and costs and de-
clining state funding, a gap in addressing transportation needs has
develo ed that will only expand for the foreseeable future.
The Bard desires to use transportation funds in the CIP for local
project and directed staff to engage in discussions with VDOT on
possib e ways to accelerate Six-Year Secondary Road Plan priority
project and local priorities not yet approved for funding by VDOT.
Strategic Objective:
3.1 By June 30, 2010,
expand regional
transit opportunities,
while accelerating
the completion of
the Meadowcreek
Parkway,2 local,
and 2 regional
transportation
projects.
Key P rformance Indicators:
. Inc ease in regional public transit ridership
· Fu ds will be in place to begin Meadowcreek Parkway and project advertised for bid by 2008
· Fu ds will be in place to begin Jarman's Gap Road and project advertised for bid by 2008
· Fu ds will be in place to begin Georgetown Road and project advertised for bid by 2010
· Pro'ect alignments will be completed for Eastern Connector by 2008 and Southern Parkway by
2010
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Goal Four:
Effectively Manage Growth & Development
9,laster a?fanning
The success of the County's efforts to protect its rural areas de-
pends on the County's ability to concentrate growth, including
new homes and businesses, in the County's established develop-
ment areas where these services, utilities and facilities can serve
the largest number of citizens. The development areas comprise
35 square miles, or 5% of the County's land area. This limited
land area must be attractive, convenient, and include vibrant
places for people to live and work, The vision for these areas is
for higher densities than in the past, with varied uses and design
features more common to a small city or town than a typical sub-
urban development.
Master Planning helps ensure the future of the development ar-
eas, and is based upon a shared vision of appealing and func-
tional neighborhoods and communities. The County's major tool
for creating these livable urban communities is the Neighborhood
Model, which stresses the role of master planning to guide growth
in these areas. Community engagement is the cornerstone of
master planning so that residents are involved in hands-on plan-
ning for their community's best possible future. Master planning is
underway in several areas, and ultimately all the development ar-
eas will be master planned according to a schedule determined
by the Board of Supervisors. The County desires to master plan
all development areas by 2010.
Str tegic Objective:
4.1 By June 30, 2010, increase citizen satisfaction with the County's
Development Areas by completing Master Plans for all of the
County's Development Areas.
K Y Performance Indicators:
· Percent of citizens who favor the County's growth management policy
. Number of Master Plans adopted
· Percent of Master Plan participants who are satisfied with the experience
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Goal Four:
Effec ively Manage Growth & Development
~ ~reas
The C unty's designated Rural Areas compose about 690
squar miles or 95% of the County's land area. Albemarle
Count has a long tradition of protecting its rural lands
throug its land use, resource protection and growth man-
agem nt polices in the County's Comprehensive Plan. Stew-
ardshi of the Rural Areas provides an opportunity to con-
serve nd efficiently use resources, such as water, natural,
scenic and historic resources. The County's latest Compre-
hensiv Rural Areas Plan was adopted by the Board on
March 2, 2005. Staff identified and the Board approved key
imple entation priorities to move the plan's recommenda-
tions f rward.
Strate ic Objective:
4.2 y June 30, 2010, increase the protection of the
ounty's rural areas by implementing the key
trategies of the Rural Area Plan.
Key Pe ormance Indicators:
elncrea e the number of rural area acres included in Agricul-
tural/F restal (AF) Districts
eDecre se the number of residential building permits in rural
areas
elncrea e the number of development rights in rural areas that
have b en extinguished
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Strateg c Priority:
5.1 By une 30, 2010,
develop a comprehen-
sive fun ing strategy/
plan to ddress the
County' growing
needs.
Goal Five:
Fund the County's Future Needs
Albemarle County is transitioning from a predominantly rural and sub-
urban County to a locality that is beginning to face challenges and
seNice pressures more similar to a small city, As jurisdictions evolve
and grow, the costs to support this growth do not increase in a linear
incremental fashion, which poses challenges for financial resource
allocation and planning. As the County continues to grow, so do its
needs. Five Master Plans are scheduled for completion in the next
five years. Other funding challenges include transportation, expansion
of the fire protection system, stormwater funding, and infrastructure
needs, as well as funding federal and state mandates,
The County conducts budget planning in a variety of ways that proac-
tively address these challenges. The Five Year Financial Plan, which
is based on other County planning documents, including the Compre-
hensive Plan and the Strategic Plan, is updated annually and leads
directly to the annual budget that is adopted by the Board each fiscal
year, The five year plan, along with a five year Capital Improvement
Program and five year Capital Needs Assessment, allows County
leadership to consider the future impact of current decisions. To en-
sure that County resources are being used as effectively and effi-
ciently as possible, the County added a new process in 2007 - the
Program and SeNice Review. This process is designed to find addi-
tional ways to effectively meet mandates, progress towards address-
ing strategic challenges, and provide governmental seNices and re-
sults to citizens.
K Y Performance Indicators:
· Maintain $2 million in capital reseNe in each year of the 5 Year CIP
· Maintain the County's current debt to equity ratio in 5 Year CIP. Projects funded using bor-
rowed funds will not exceed 75% of total CIP
· Maintain outstanding debt as a percentage of assessed property value for the 5 Year CIP at or
below the percentage for the Virginia AM-rated localities
· Maintain debt seNice expenditures as a percentage of general government and school reve-
nues for the 5 year CIP at or below the percentage for the Virginia AM-rated localities
· Decrease the percent variance in budgeted and actual expenditures for CIP projects
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CEnvi onmenta[ Scan
Populat on Trends
Between 000 and 2005, the Charlottesville met-
ropolitan rea, which includes Charlottesville,
Albemarl County, Greene County, Fluvanna
County, a d Nelson County, in percentage terms
was the t ird fastest growing metropolitan area in
Virginia. he average annual population growth
rate for AI emarle County between 2000 and
2005 has been roughly 1.55%. If the County con-
tinues to row at that rate, the County's popula-
tion woul reach 101,000 by the year 2012.
Weldon C oper's most recent provisional popula-
tion estim te for 2007 is 93,601.
According to the U.S. Census, the median age of
Albemarl County residents was 37.4 in 2000,
compared to 31.7 in 1990. Twenty-five percent of
the popul tion was under age 18, and the fastest
growing s gment of the population during this
time perio was the 55 to 65 age group.
Aging Po ulation: According to the Census, the
County's opulation is aging, with the percentage
of the pop lation older than 65 increasing from
8% to 120 and the population ages 45 to 64 in-
creasing f om 18% to 23% between 1990 and
2000, Tw nty-nine percent of the population was
between t e ages of 25 and 44. This was the
largest po ion of the population by age category.
Diversity: According to the Census, in 2000, six-
teen perc nt of the County's population was non-
white, wit the largest percentage growth be-
tween 19 0 and 2000 in the Hispanic population,
In 2000, t e Asian and Hispanic populations each
made up % of the total population. Ten percent
of the pop lation was African American.
Growth: onsistently since 1993, net migration
has contri uted more to Albemarle County's
population growth than has natural increase. In
2006, 80. % of the population growth was attrib-
uted to mi ration and 19,5% was due to natural
increase.
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Economic Profile
Albemarle County enjoys a stable economy char-
acterized by a relatively high-skilled and educated
labor force and a very low unemployment rate.
The predominant economic sectors are govern-
ment, UV A, services, trade, and manufacturing.
Business Activity: Business activity in the
County has steadily increased over the past dec-
ade. Total taxable sales in Albemarle increased
by 65% between 1997 and 2007. The County's
per capita taxable sales increased by about 40%
during these years. This per-capita growth figure
is slightly below the corresponding median num-
ber for Albemarle's peer counties.
Median Income Levels: In 2005, the median
household income in Albemarle County was
$58,620 and the median family income was
$76,740. This is the 18th highest median family
income among Virginia's 95 counties.
Poverty Profile: In 2005, 6,5% of Albemarle's
population was living in poverty; this was below
the statewide level of 9.63%. The percent of per-
sons who live below poverty level income is de-
creasing. The percent of children below poverty
has decreased and is below the state average.
Total Covered Employment in Albemarle
County (1998-2007)
60,000
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ci 10,000
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1998 1999 2000 2001 2002 2003 2004 2005 2006 2007
Year
Twenty percent of Albemarle's population is at the
lower end of the economic scale. The percentage
of persons with earnings below 200% of poverty
decreased by 1.6% between the years of 1990
and 2000.
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The Hisp nic population had the highest percent-
age of pe sons living in poverty in 1999.
As of 199 , the percent of elderly below poverty
(4.7%) in Ibemarle County was below the state
percentag (9.5%). The number of elderly below
poverty in Albemarle has declined since 1979.
Employm nt: Albemarle County has experienced
steady ne job growth during the years since
2001. In 007, there were 50,484 jobs in the
County. his figure represents a 25% increase
since 200 , Over the past several years, the ser-
vice secto has become increasingly important as
a source f employment, while manufacturing has
become I ss important. In percentage terms, in
the five y ars between 2002 and 2007, employ-
ment in th federal government sector and the
professio ai/technical service industry has grown
the most.
The large t local employer is the State govern-
ment (UV and the Medical Center) with roughly
23% of 10 al jobs.
According to the Virginia Employment Commis-
sion, the t tal number of employed Albemarle
Ablemarl 's Unemployment Rate is Lower than the Avg.
Rate f Peer Va. Counties, Virginia, and the U,S.
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1998 999 2000 2001 2002 2003 2004 2005 2006 2007
Year
County re idents in 2007 was 50,513. Since
1997, Alb marle County has increased its share
of total jo s located within the Metropolitan Statis-
tical Area MSA) by more than ten percentage
points. In 2007, 50,484 jobs were located within
Albemarle County, This figure accounted for 52%
of the tota jobs located in all five jurisdictions of
the MSA. The City of Charlottesville, by compari-
11IIIII'-
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son, had only 37% of the jobs located in the MSA.
Albemarle County enjoys a very low unemploy-
ment rate, which has remained below the state
and national averages for the past several years.
Albemarle County's annual unemployment rate in
2007 was 2.2%.
Workforce
The participation of males in the workforce (72%)
is greater than that of females (61 %), Labor par-
ticipation among both males and females has in-
creased over the last three decades.
Fourteen percent of Albemarle County's families
are female headed households. While this per-
centage is lower than the state's level, Albemarle
County's female headed households with children
under the age of 18 have doubled from 1990 to
2000, going from 4.7% of the population to 8.6%
of the population, According to the 2000 U.S,
Census, 78% of working mothers have children
between the ages of 6 and 17,
According to the U.S. Census in 2000, 51 % of
jobs in Albemarle County were filled by non-
residents.
Educational Attainment: The educational at-
tainment level of the workforce is high and in-
creasing. According to the U,S, Census, between
1990 and 2000, the percentage of the population
over age 25 who have a Bachelor's or higher de-
gree rose from 39.4% to 47.7%, or a 21 % in-
crease.
land Development Trends
Rural Areas: According to the 2002 Census of
Agriculture 38.2% of the County is considered
farmland. This is down from 86.6% of the
County's acreage in the 1920's. Results of the
2007 Census of Agriculture will not be available
until February, 2009.
About 690 square miles (95%) of the County are
designated as the County's rural areas. According
to the Department of Community Development,
70% of the County is covered in wooded areas in
2005. The majority of the County's parks and
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natural reas are located in the rural areas,
Over 14 000 acres of the northwestern edge of
the Cou ty (approximately 3% of the rural ar-
eas) are included in the Shenandoah National
Park.
Several ools are in place to protect the rural
areas. Ibemarle County offers a land use-
value ta ation program that reduces tax for
lands in agricultural, forestal, horticultural, and
open sp ce uses. As of 2008, the County's
volunta agricultural and forestal districts pro-
gram helped prevent intensification of use on an
estimat d 65,000 acres of land. Another tool is
the Cou ty's voluntary Acquisition of Conserva-
tion Eas ments (ACE) program, under which
the Cou ty purchases conservation easements
on quali ying properties. As of June 2007,
roughly 8,000 acres were protected by conser-
vation e sements, Over 7,000 acres were
placed i conservation easements between
2005 an June 2007 due to the outstanding ef-
forts of t e Virginia Outdoors Foundation, the
Nature onservatory, Piedmont Environmental
Council, the Thomas Jefferson Soil and Water
Conserv tion District, the Virginia Department
of Cons rvation and Recreation, the Virginia
Depart ent of Historic Resources, the USDA
Conserv tion Reserve Program, the Chesa-
peake B y Foundation and the County's ACE
program.
Develo ment Areas: The County's rural pro-
tection and preservation strategies are comple-
mented y the County's efforts to create urban
areas th t offer attractive amenities to residents
and business owners. The County encourages
develop ent in designated areas that include
urban ar as, communities, and villages.
In 2005, an estimated 47% of the population
lived in r ral areas and 53% in urban areas of
Albemar e County.
In 2007, there were 831 new housing starts
based 0 building permits issued, Of these, 202
(24%) d elling units were located in the rural
areas and 629 (76%) dwelling units were lo-
cated in he development areas. Note that
""-~""1iI1:l II III 1IllIiIf-
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these relative percentages fluctuate considera-
bly from year to year.
Historic Resources: More than 2,000 build-
ings and structures and 400 archaeological
sites have been identified as potential historic
resources in the County. Recently, Country
Stores have been featured as important historic
treasures, One hundred historic Country Stores
have been identified and are still standing in
Albemarle County.
Housing Profile
As of December 2007, the total number of
dwelling units in Albemarle County was 39,802,
Of these, 24,963 were single-family detached
homes, 2,411 were single-family townhouses,
and 1,510 were single-family attached. There
were 261 duplexes, 6,265 multi-family homes,
2,425 condominiums, and 1,967 mobile homes,
In 2007, 831 new dwelling units were con-
structed. Median sale prices for both new and
resale single family homes has risen sharply
since 2003. For the first quarter of 2008, the
Charlottesville Area Association of Realtors re-
ported a median sales price of $340,000 for all
home sales in the County compared to a me-
dian sale price of $278,873 in 2003. There cur-
rently exists, however, downward pressure on
home prices in Albemarle, since the County ap-
Per-Capita Nominal Fair Market Value of Real Estate in
Albemarle County (Fiscal Years 1996/97-2005/06)
160,000
....
.. 140.000
...,
" 120.000
.
;; 100,000
>
" 80,000
..
'A- 60.000
"
~ 40.000
" 20,000
llo
0
1997 1998 1999 2000 2001 2002 2003 2004 2005 2006
Fiscal Year Ended
pears to have roughly a ten month supply of un-
sold housing inventory as of the first quarter of
2008. This inventory number does experience
seasonal fluctuations, but the first quarter figure
for Albemarle was quite a bit higher than the
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five or six month supply of unsold housing inven-
tory that any real estate professionals say exists
in a balan ed or "normal" real estate market.
Currently, the County has 620 Section 8 waitlist
applicant and 310 project-based waitlist appli-
cants.
Accordin to the U.S. Census Bureau's 2006
American Community Survey (ACS), 63% of the
housing i Albemarle was owner-occupied, a fig-
ure that s somewhat less that the statewide
rate of 70 Yo. Owner occupied housing has in-
creased sightly from the 60% reported by the
1980 Cen us. It should be pointed out that ACS
data at th County level is subject to relatively
large mar ins of error, so caution must be exer-
cised when comparing data from the ACS to data
from the ecennial Census.
Keeping t at caveat in mind, the ACS indicates
that, in 20 6, Albemarle County had a high me-
dian gros rent cost of $942 per month, which is
above the state median gross rent of $846.
When me ian rent is calculated as a percent of
median in ome, Albemarle's rent burden is above
the overal state rent burden, and is above the
rent burd ns that exist in Albemarle's comparison
counties f Stafford, James City, Henrico, and
Hanover.
77% of th homes in Albemarle County were as-
sessed at over $200,000 in 2007. The maximum
"affordabl "mortgage value is estimated by the
County's ousing Office at $190,000 in 2008. It
is worth n ting that a recent survey of homes for
sale in the CAAR MLS database revealed that
145 listing out of 1,121 total listings, or 13%, had
an asking price of under $200,000. The number
of listings elow $200,000 has increased substan-
tially from 006,
Financial Information: Albemarle County re-
ceived a bond rating in February, 2003
based on 'strong financial operations character-
ized by he Ithy reserve levels and ample operat-
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ing flexibility. Moody's believes that the County's
financial operations, characterized by ample re-
serve levels, will remain strong given conserva-
tive management practices and healthy revenue
streams." According to Moody's, "the County's
debt burden, 1,4% of assessed value, is modest,
reflecting the County's policy of financing a signifi-
cant portion of its capital needs with pay-as-you-
go sources."
The County's debt service remains well within its
debt policy guidelines of net debt less than 2% of
assessed value and debt service expenditures
than 10% of general and school fund revenues.
Business, professional, and occupational license
(BPOL) nominal tax revenue increased steadily
from 1997 through 2001, declined slightly in 2002
and 2003, but is once again rising. Per-capita
nominal BPOL tax revenue provides a rough esti-
mate regarding the intensity of business activity in
a community. The higher the value of BPOL
revenue per resident, the higher the level of busi-
ness activity that each resident "supports." The
per-capita BPOL tax revenue increased by
roughly $40 (or 50%) between 2000 and 2006
and increased by 16.7% from 2005 to 2006,
Tax Rates: Local property taxes account for 42%
of our entire County budget. Currently, the real
estate property tax rate is $0.71 per $100 of as-
sessed value, Since 1983, Albemarle County has
transferred $0.10 per $100 of this collected tax to
the City of Charlottesville per a revenue sharing
agreement between the jurisdictions, so the
County funds its operations on a net property tax
rate of $0.61. This rate is below the 2007 average
of $0,61 for all counties in Virginia and is more in
line with the property tax rates of much smaller
and more rural counties such as Rockingham and
Frederick.
Funding Services: As the County continues to
urbanize in the areas around Charlottesville and
other designated development areas, we are
challenged to provide appropriate levels of ser-
vices for these higher density areas based on a
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more rural-oriented tax rate. The State currently
does not 1I0w counties to diversify revenue
sources i the same ways cities can. Without the
flexibility t diversify revenue sources, counties
must cont nue to rely heavily on property taxes to
fund need d services.
Revenue : Local property taxes are the largest
source of evenue for the County. Other local
revenue s urces and state revenue are the two
next large t sources, making up 20% and 23% of
all revenu s, respectively. The remaining reve-
nues con ist of federal revenue, borrowed funds,
use of fun balances, and transfers.
During th last five years, the County has had to
rely more eavily on real estate taxes, while other
sources 0 income have remained flat or only
slightly in reased. State and federal revenues as
a percent ge of the overall County budget have
remained elatively constant over the last several
years.
Expendit res: The largest category of expendi-
tures for t e County is School Fund operations,
comprisin 44% of all expenditures in the FY
08/09 Ad pted Budget. Adding capital and debt
funding a d school self-sustaining funds, the
School Di ision's share of the FY 08/09 Adopted
Budget w uld be 63% of the total County budget.
General g vernment operations account for 23%
of all exp nditures in the FY 08/09 Adopted
Budget. f this, the largest percentage is dedi-
cated to p blic safety programs. When capital,
debt fundi g, and special revenue are added, the
local gove nment's share of the FY 08/09
Adopted udget is 33%.
Custom r Expectations
As an imp rtant part of the County's ongoing stra-
tegic man gement system, the County contracted
with the U iversity of Virginia's Center for Survey
Research 0 conduct a survey of County residents
in June and July 2006. Since the Center for Sur-
vey Rese rch conducted a similar study in 1994,
2002, and 2004, the County is able to track data
~'
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trends and better understand citizens' changing
expectations and perceptions.
The goals of the 2006 survey were to determine
residents' opinions about quality of life in Albe-
marle County, to determine their satisfaction with
the government's efforts to achieve its strategic
planning goals, to determine residents' level of
satisfaction with a number of services the County
provides, and to measure citizen opinion about
the way in which the County is managing growth.
Survey Highlights
. Quality of Life scored 8.04 on a scale of 1 to
10, with 10 being the best possible place to
live and 1 the worst
. Residents were most satisfied with emergency
rescue, fire protections, residential safety, and
library services
. 90.6% of all respondents were very satisfied
or somewhat satisfied with county services
. 85% of residents surveyed said they were sat-
isfied with the value of the service they receive
for their tax dollar
In the area of "satisfaction with services":
Similarly to 2004, residents were most satisfied
with public safety items, with emergency services
(96.8%), fire protection (95.4%) and safety at or
near residence (94.7%) ranked in the top five ser-
vices based on satisfaction.
Library Services were the fourth most highly rated
service at 95%
The satisfaction rating for the quality of education
in the County Schools was 88 percent, and 92%
for those with children in public schools,
Residents were least satisfied with efforts to
make it easy to use public transportation (55.2%),
managing growth (55.6%), and recycling services
(56.6%)
Whereas there were no significant decreases in
satisfaction since 2004, there were significant in-
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19
creases i satisfaction on several different
items:
. Pr serving historic buildings and places
. Pr viding needed public facilities, pro-
tec ing water resources
. Pr viding needed infrastructure, ensuring
saf ty for walkers and bicyclists
. As uring economic growth and job op-
po unities
. Ma ing it easy to use public transporta-
tio
In the are of "quality of life" in Albemarle
County:
Overall, A bemarle residents very much like
Albemarle County as a place to live. Respon-
dents wer asked to rate the quality of life in the
County 0 a scale of 1 to 10, with 10 being the
best possible place to live and 1 being the
worst.
The mean rating was 8,04, not a statistically sig-
nificant di erence from surveys in 1994, 2002,
and 2004, showing that a high level of satisfac-
tion has r mained fairly consistent over the past
twelve ye rs.
Seventy-f ur percent rated the County's quality
of life an" "or better (compared to 71 % in
2004) Nin teen percent rated the County a
"10" (com ared to 16% in 2004).
In the are of "managing growth":
Citizens 0 Albemarle County continue to favor
major gro h management policies of the
County, b t remain concerned about the impact
of continu d growth and development.
The Coun y's policy of concentrating growth in
areas desi nated for development while restrict-
ing develo ment in rural areas continues to en-
joy solid s pport, with approximately 72.6% of
0--
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residents saying they are in favor of that ap-
proach.
While this is a decline in support from the 2002
survey, where almost 80% of respondents said
they favored concentrated growth, it is an in-
crease from the 2004 survey where the percent-
age in favor development areas was 69.9%,
Survey respondents asked: '~s you may be
aware, Albemarle County's population grew by
just over 1,400 people last year or about 2% a
year for the last 20 years. In your opinion, what
rate of growth would be in the best interest of
the future of Albemarle County? Continuing to
grow at the same rate; growing at a faster rate;
or growing more slowly?"
Nearly two-thirds of County residents (63.6%)
indicated that slower growth was in the County's
best interest. Just over 30% preferred the
County to grow at the same rate, while very few
residents (3.4%) supported faster growth.
Residents who supported slower growth were
evenly divided between those who believed the
County ought to grow a lot more slowly or just a
little more slowly.
Respondents were given an opportunity to ex-
press their primary concern regarding growth.
The most frequently expressed concern was
traffic and/or overall congestion, noted by a third
of respondents, The next most frequently cited
concern, from approximately a quarter of re-
spondents, was about growth's impact on the
environment.
In the area of "value of tax dollar"
Respondents were also asked to rate the
County's efforts in giving them the value for
their tax dollars. The vast majority (84.9%) re-
ported satisfaction, a rating that is significantly
higher than the 80.4% reported in 2004 but
similar to the 85.1 % reported in 2005.
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20
eiformance I ncficators
e the Quality of Life for all of our Citizens
· Co laborate with school personnel to assist the School Division decrease achievement gaps
in tandards of Learning scores in the areas of Math and English
. Inc ease the number of and participation in joint training opportunities for local government
an school leadership
· Inc ease the collaboration initiatives undertaken by schools and local government, while
ma ntaining and enhancing the ones currently underway
· Inc ease the number of school and local government employees who participate in affordable
ho sing-related training courses
· Ma ntain the utilization of the federally-funded Housing Choice Program at 95% of the author-
ize budget
. Eig ty families per year will complete the County's homebuyer education programs
· Thi y-five County families will receive assistance to purchase affordable homes each year
· Ec nomic indicators-unemployment rate and job growth
· To oster career-ladder jobs, maintain professional/technical and construction employ-
me t jobs between 5% and 6% each of the employment base, as identified by VEC
· Inc ease grape production over 2004-05 baseline of 9% to support Albemarle County's larg-
est agricultural product, viticulture
· Inc ease commercial-office and residential mixed-use square footage in the development ar-
ea
· Inc ease in the amount claimed by low-income taxpayers through IRS Earned Income Tax
Cr dit Program
. 10 % of eligible children will receive FAMIS or Medicaid
. 1m rove public safety response times
· Inc ease the number of prevention activities and services (including intervention, enforce-
me t, engineering and education activities)
· Inc ease the percentage of commercial vehicles on Albemarle County roads that are in com-
plia ce with vehicle safety requirements.
· Th Albemarle County Fire Rescue Advisory Board will complete a strategic plan
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1(ey peiformance ::Measures
Protec the County's Natural Resources
· Inc ease, by 7,500 per year, the number of acres of County land protected by conservation
ea ements or qualifying park land, (Annual results for this objective are collected on a calendar
ye r basis; 2007 totals will be available February 2008)
. Inc ease the number of applications received for the ACE program
. Inc ease the amount of funding received from grants and donations
. Inc ease the number of development rights that are eliminated by ACE
. De rease miles of impaired streams in County
· Inc ease percent of monitoring sites that have "good" or "very good" scores of biological health
in t e Rivanna basin
· R SA shall receive Federal water quality permits for community water supply by the fall of
20 7
. Be in construction on community water supply by 2009
. Inc ease acres of restored riparian buffers
Devel p Policies and Infrastructure Improvements to Address the County's
Growi g Needs
. Inc ease in regional public transit ridership
· Fu ds will be in place to begin Meadowcreek Parkway and project advertised for bid by 2008
· Fu ds will be in place to begin Jarman's Gap Road and project advertised for bid by 2008
· Fu ds will be in place to begin Georgetown Road and project advertised for bid by 2010
· Pro'ect alignments will be completed for Eastern Connector by 2008 and Southern Parkway by
2010
Effecti ely Manage Growth and Development
· Per ent of citizens who favor the County's growth management policy
. Nu ber of Master Plans adopted
· Per ent of Master Plan participants who are satisfied with the experience
· Inc ase the number of rural area acres included in Agricultural/Forestal (AF) Districts
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22
eiformance ::Measures
· De rease the number of residential building permits in rural areas
· Inc ease the number of development rights in rural areas that have been extinguished
Fund t e County's Future Needs
· Ma ntain $2 million in capital reserve in each year of the 5 Year CIP
· Ma ntain the County's current debt to equity ratio in 5 Year CIP. Projects funded using bor-
ro ed funds will not exceed 75% of total CIP
· Ma ntain outstanding debt as a percentage of assessed property value for the 5 Year CIP at or
bel w the percentage for the Virginia AAA-rated localities
· Ma ntain debt service expenditures as a percentage of general government and school reve-
nu s for the 5 year CIP at or below the percentage for the Virginia AAA-rated localities
· De rease the percent variance in budgeted and actual expenditures for CIP projects
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23
Attachment B
Public Safety
Strategic Challenges Fact Sheet
June 2008
S rate ic Challen
P lice
T e Comprehensive Plan establishes a 5 minute police response time 85% of the time
in designated development areas,
· The average Response Time for Emergency Calls for Service in
Development Areas in 2007 is 7.9 Minutes.
· Forty-one percent of Emergency calls for service in the development
areas are responded to within 5 minutes or less.
Fi e/Rescue
P r the Community Facilities Chapter of the Land Use Section of the County's
C mprehensive Plan, the County's Fire/Rescue response time goal is to "achieve an
a era e response time (how long it takes once the call is dispatched from ECC until a
fir apparatus arrives on scene) to fire emergency calls of five minutes or less in the
D velopment Areas and thirteen minutes or less in the Rural Areas and to achieve an
a erage response time (from time the call is dispatched from ECC to time an EMS
st ffed vehicle arrives on-scene) to rescue emergency calls of four minutes or less in
th Development Areas and thirteen minutes or less in the Rural Areas,"
E ergency Communications Center (ECC)
T e Regional ECC Center is challenged to keep up with changing technology, increase
e iciency of call handling and dispatch and recruit and retain quality personnel. The
C nter has set specific call handling standards for Priority 1 Police calls and all EMS
and Fire calls.
· Priority 1 Police calls: - Must process and dispatch all Priority 1 police calls within
90 seconds 85% of the time
· Fire/EMS Calls: - Must process all Fire and EMS calls within National Fire
Protection Agency (NFPA) Standards
D partment of Social Services (ACDSS)
· Adult Protective Services - The County is mandated to provide Adult Protective
Services (APS), to ameliorate abuse, neglect or exploitation for citizens over age
60 and the disabled, The County also provides Adult Services which are
assessment and support services that enable adults to remain in the least
restrictive setting and to function as independently as possible.
1
I
Attachment B
o Four hundred thirty six (436) adults were referred to APS in FY 07, a
16.6% increase since FY 06,
o There was an increase of 202% from the 144 referrals received in FY 00
to the 436 referrals in FY 07.
o In FY 08 year-to-date (YTD), there have been 337 referrals,
o In July 07, there were 370 active Adult "Protective SeNices" and Adult
"SeNices" cases. In April 2008, there were 352 active cases.
o In FY 07, 87% of the Adult Protective SeNices cases reduced individuals'
assessed risks of abuse, neglect or exploitation within one year. For FY
08 YTD, 80% of the cases have had "risks reduced" within this time
period.
· Child Protective Services - The County is also mandated to provide Child
Protective SeNices to children where allegations of child abuse and/or neglect
require investigation or assessment and seNice provision,
o In July 2007, there were 53 active cases open as Child Protective
SeNices investigations and on-going cases.
o In FY 07, ACDSS provided a timely response to Child Protective SeNice
referrals in accordance with ACDSS's response goal, which exceeds state
and federal requirements.
o For FY 08 YTD, ACDSS averages 62 family assessments and
investigations per month.
o From July 07 to April 08, there was a 17% increase in family assessments
and investigations and a 14% increase in ongoing cases as compared to
the same time period in FY 07.
5,lrateaic Challenae - Prevention
p( lice
· Prevent crime
o Part 1 crimes (felonies) increased 22% between FY 2004 and FY
2007.
o Burglaries increased 50% between FY 2004 and FY 2007.
· Prevent traffic accidents and deaths
2
Attachment B
o There were nearly 3,000 auto accidents and 18 traffic fatalities on
county roads in FY 2007. The number of crashes per year has
increased 13.5% from 2000 to 2007.
o Less than 35% of commercial motor vehicles stopped by the Police
Department were in compliance with commercial vehicle safety
laws in 2007.
Fire/Rescue
· Prevent fires
· There were 49 structure fires in FY06 and 64 in FY07, an increase of 31 %
D partment of Social Services
· Prevent abuse, neglect and/or exploitation of citizens who are over age 60 and/or
adults who are disabled
o ACDSS is responsible for investigating all reports of abuse, neglect,
and/or exploitation in institutional settings in the County, These include
assisted living facilities, mental health/mental retardation facilities and
mental health/mental retardation group homes, and nursing facilities.
Adult Protective Services incidents in institutional facilities reported in
FY 07 included:
Assisted living facilities 28
Mental health/Mental retardation facilities 1
Mental health/Mental retardation group homes 3
Nursing facilities 110
Additional facilities are anticipated to open in Albemarle County in the
near future, which is expected to increase ACDSS's workload.
o According to the 2000 census, 11.4% of Albemarle County citizens are
65 years of age and older.
· Prevent abuse and/or neglect of children through service provision to families
of Albemarle County
o 2000 Census data shows a 33% growth in the number of children and
youth age 5-19 between 1990 and 2000,
3
I
JUNE 11, 2008
CLOSED MEETING MonON
I MOVE THAT THE BOARD GO INTO A CLOSED MEEETING
PURSUANT TO SECTION 2.2-3711(A) OF THE CODE OF VIRGINIA
. UNDER SUBSECTION (1) TO CONDUCT AN
ADMINISTRATIVE EVALUATION.
RECEIVED A -0 ,tit- f'::11' .
Date: It . II . 0 <[S'
Agenda Item ,: 11_.
. ... Clerk' Initials. 1Y'\ ~ 1/
y name IS Tom Jones, and I hve III Earlysvl11e. I have rorfoweu.thc plogless of
t e long-term water supply plan with great interest, and I commend everyone
i volved for the creative, responsible, and environmentally-sound plan that has
b en put forward and ratified.
ast fall, when R WSA presented the water supply plan to the Charlottesville City
ouncil, RWSA stated there were no plans to limit the silting in of the South Fork
eservoir, and that the reservoir would indeed eventually silt in.
S' nce that time, a large number of people, from many different groups and points
o view, from the City and the County, have also spoken out in favor of
aintaining the reservoir by a program of dredging.
redging should be done for a number of reasons:
1. First, the South Fork Rivanna Reservoir is, literally, central to the entire
water supply plan. Under the plan, it becomes the source for virtually all of
the water for the system. It is essential to maintain it.
2. Second, dredging would increase the reliability of the overall water supply
by eliminating single points of failure, as might occur if there were a
problem with the new pipeline or if the Ragged Mountain Reservoir became
contaminated.
3. Third, it would add further capacity as a margin of safety, in the event that
rainfall patterns change due, for example, to climate change.
4. Fourth, the reservoir is a special part of the natural environment of our
county, providing habitat for wildlife and special opportunities for outdoor
recreation.
5. And finally, it is simply good stewardship to maintain the past investment
that the community has made in the reservoir.
I also brought copies tonight of a letter that a group of concerned citizens sent to
t e City Council and the Board of Supervisors urging them to commit to a program
o dredging to maintain the South Fork Rivanna Reservoir. It was signed by eighty
I cal citizens, 63 of whom are Albemarle County residents.
S me of the signers of the letter are rowers, like me, and it is certainly true that
r wers have had more of a first-hand view of the scale of the ongoing siltation of
t e reservoir, which is not visible to others. In the past eight years, for example, silt
h s built up in one area to the point that it has formed two substantial islands - I
h ve even seen people camping on one of them! Such deterioration of the reservoir
rises fears that dredging might not even be allowed at some point in the future.
But I would also note that the majority of the people who signed the letter are
neither rowers nor landowners abutting the reservoir, but rather, like all of us,
citizens with a strong interest in both the environment and a viable community
water supply.
I know, therefore, that I speak for a wide cross-section of the community when I
urge the Board to vote in favor of the resolution on dredging and water
conservation tonight. Thank you.
May 5, 2008
Charlottesville City Council
Albemarle County Board of Supervisors
Dear Councilors and Supervisors,
After years of honest hard work and collaboration at many levels, leaders in our area came up with a
multi-faceted water supply plan. In recent months, some voices have come forward to challenge aspects
of that plan. Those who worked hard and long have reasonable concerns that all their efforts not be
wasted. The challengers have a reasonable concern that one option, dredging at the South Fork Rivanna
Reservoir, was dismissed without a fair and full inquiry into the facts.
Rigid stances, pro or con, strike us as unfortunate, Our area's history of water supply planning since the
2002 drought is, in fact, a strong record of accomplishment through compromise. For example, open
debate and compromise led to good decisions with wide support: to abandon the proposal for a James
River pipeline, to protect and enhance the environmental viability of the Moormans River, to depend
upon our own watersheds, and to safeguard those natural endowments -- for water needs and
environmental protection. In sum, our own local policies increasingly reflect the new international
awareness that environmental sustainability is essential to both the economic vitality and the quality of
life of our region.
This broader transformation in thinking and policy should, we believe, guide the current conversations
about dredging at the South Fork Rivanna Reservoir. Here too we believe that an honest and responsible
compromise stance is possible. It begins with a recognition that any water supply plan must include a
responsible level of maintenance of past investments, rather than including only new construction
projects.
Specifically, the plans involving the new Ragged Mountain Reservoir should include a program of
maintenance dredging of the South Fork Rivanna Reservoir as a portion of the overall costs of the project.
The South Fork Rivanna Reservoir will be used to fill the Ragged Mountain Reservoir, whose own
watershed is too small to accomplish the task. Since the SFRR is integral to the plan, the RWSA should
be required to initiate a program of dredging as soon as practical as a precondition of the Ragged
Mountain plan.
Current estimates place the annual siltation rate of SFRR at 18.2 million gallons/year. As a preface to all
water supply improvements, we urge that dredging be conducted at a rate that will offset that annual
buildup of sediment (to prevent further loss of reservoir capacity), plus some reasonable increment (to
restore some capacity lost to siltation over the past 40 years). Call it "maintenance-plus." The rationale
for this added "restoral" increment of dredging above the "maintenance" level is simple: it is time to
reverse 40 years of neglect of the silting problem.
What would this achieve?
1. It would show a wise political commitment to maintain the South Fork Rivanna Reservoir, a
community resource that is literally central to our water supply, central to the comprehensive
plan, a central element in local zoning and land use decisions for the past four decades, and a
popular community amenity,
2. This stance, to ensure maintenance first, need not derail or upset the plan that R WSA favors.
3. It would signal to all in the greater community that we really do believe in environmental
sustainability. (Without such dredging, current plans would call for a massive construction
project at Ragged Mountain, but include no provisions to protect the six-mile-long SFRR. That is
not wise environmental stewardship.)
2
4. In budgetary terms, this is the honest thing to do. While not included in the current plans,
maintenance dredging of SFRR must happen at some point. Insightful political leaders have said
as much. We should plan for it and budget it now -- as part of the overall water supply plan.
Deferred or hidden costs are bad public policy, as is the position that dredging of the SFRR
should be a county cost rather than a budgeted water supply cost.
In sum, the early authorization of a program of "maintenance-plus" dredging is wise politics, wise
environmentalism, and a wise approach in accurately planning for our water future. It need not derail any
element of the RWSA plan. It is only a wise precondition to that plan.
Overarching the specific points of our letter is a call to extend the culture of sustainability in water supply
planning and protection. Your continued political leadership is essential to developing this new culture.
An honest investigation of maintenance dredging is an essential step to that end. Our own history shows
we need a policy of continual stewardship, at a range of levels, rather than relying only on massive capital
projects every half-century. Please help us advance this new culture of sustain ability and stewardship in
central Virginia.
With our sincere thanks,
John K. Brown, Charlottesville
David W. Kudravetz, Albemarle County
Karen D. Pape, Albemarle County
Thomas H. Jones, Albemarle County
Elizabeth Allen Allan, Albemarle County
Thomas Temple Allan, Albemarle County
Lindsay R. Barnes, Jr., Albemarle County
Sarah Bedford, Charlottesville
John H. Birdsall, Albemarle County
Diana H. Bower, Albemarle County
Peter J. Bower, Albemarle County
Lucius H. Bracey,Jr., Charlottesville
Elizabeth Breeden, Albemarle County
Jeremy Caplin, Albemarle County
Kristina Caplin, Albemarle County
Michael Caplin, Albemarle County
Robert S. Capon, Albemarle County
John D. Casey, Charlottesville
James M. Childress, Albemarle County
Betsy Critzer, Albemarle County
H. Kay Cross, Albemarle County
Gia DeAngelis, Charlottesville
Deborah K. Decker, Albemarle County
William A. Edgerton, Albemarle County
Brad Eure, Charlottesville
Kay Leigh Ferguson, Albemarle County
Diana Foster, Albemarle County
Joseph H. Geller, Charlottesville
Miriam (Mickey) F. Geller, Charlottesville
Ron Good, Albemarle County
George G. Grattan, IV, Albemarle County
Margaret F. Keller, Albemarle County
Hilary Kerner, Charlottesville
Richard R. Kreitler, Albemarle County
Robin M. Kreitler, Albemarle County
Elaine R. Kroner, Albemarle County
Robert J. Kroner, Albemarle County
Barbara Grant Llewellyn, Albemarle County
Robert Llewellyn, Albemarle County
Katherine Magraw, Charlottesville
Thomas B. Mcintosh, Albemarle County
William H. Oliver, Charlottesville
Thomas G. Osimitz, Albemarle County
Howard A. Pape, Albemarle County
Additional signers after the letter was originally sent:
Charles P. Ancona, Albemarle County
George A. Beller, Charlottesville
Benjamin Brewster, Albemarle County
Alex Cannon, Albemarle County
James Galloway, Albemarle County
Nancy Galloway, Albemarle County
Erica V. Goldfarb, Charlottesville
Debra R. Hoopes, Albemarle County
E. Courtney Hoopes, Albemarle County
R. Paul Huddleston, Albemarle County
Kirby North Johnson, Albemarle County
Carol C. Mcintosh, Albemarle County
Dennis R. Proffitt, Albemarle County
Ellen C. Ramsey, Albemarle County
Bob Rannigan, Albemarle County
Clare Rannigan, Albemarle County
Richard G. Rasmussen, III, Albemarle County
Stacie H. Reid, Charlottesville
Joseph P. Rinkevich, Charlottesville
Kevin Sauer, Albemarle County
Lindsey Schwab, Albemarle County
Carolyn Shears, Charlottesville
Gary Sloan, Albemarle County
Harrison (Rocky) W. Taylor, Albemarle County
Peter R. Taylor, Albemarle County
Allison Webb, Albemarle County
Bernard Webb, Albemarle County
Carol C. Weber, Albemarle County
R. Jack Weber, Albemarle County
Thomas (Zack) E. Worrell, III, Albemarle
County
David S. Zuby, Albemarle County
Joseph H. Milbank, Albemarle County
Joan Z. Rough, Albemarle County
William H. Rough, Albemarle County
Porter Smith, Albemarle County
J. Anderson Thomson, Jr., M.D., Charlottesville
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Pone 434) 296-5832
Fax (434) 972-4126
Mr. Kirk Hughes, L.S.
c/ Kirk Hughes & Associates
2 0 East High Street
C arlottesville, VA 22902
R : OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS--
T x Map 82, Parcel 4 (Property of Hugh H. Taylor, G. Wayne Taylor, Virginia G.
Lake, C. B. & N. D. Goddin) Rivanna Magisterial District
T e County Attorney and I have reviewed the title information for the above-noted
p perty. It is the County Attorney's advisory opinion and my official determination that
T x Map 82, Parcel 4 is four parcels of record having a total of twenty (20) theoretical
d velopment rights as outlined in the following chart. The basis for this determination
fo lows the chart.
Tax Ma -Parcel, Lot#
82-4, Lot #2
82-4, Lot #3
82;.4, Lot #5
82-4, Lot #6
Acrea e
45 Acres
16,1 Acres
32.2 Acres
16.1 Acres
109.4 Acres
Develo
hts
o r records indicate Tax Map 82, Parcel 4 contains 104.237 acres lying within
AI emarle County with 1 dwelling. The property is not within an Agricultural and Forestal
Di trict. The most recent recorded instrument for this property is recorded in Deed Book
2 89, page 355.
T is analysis begins with the deed of record in Deed Book 10, page 250 that is dated
A gust 20, 1889, conveying land from the estate of Reuben Bellamy to C. D. Walker, et
al. The deed contains a plat showing a total of 186.6 acres belonging to the estate of
Ruben Bellamy, containing seven (7) separate lots, which includes lot #s 2, 3, 5 & 6 as
lis ed in the chart above. This deed establishes those lots as parcels of record.
o ed Book 137, page 494, dated July 21, 1908, conveyed this land from C. D. Walker
to Emma J. Davis and described it as the same land conveyed in Deed Book 10, page
25 . This transaction had no effect on the parcels. However, upon the deaths of
1:\0 PT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2008\82-4, LOD2008-010, 1
Tayor, et al.doc
D ed Book 361 page 32, dated July 27, 1960, conveyed lots 2,3,5 & 6 from Maggie
alker Holloway & R. B. Holloway, her husband, to Guy N, & Ruby H. Taylor, husband
a d wife, and E, Bryan & Dorothy H. Goddin, husband and wife. The land is described
a the same as was conveyed in Deed Book 137, page 494. This transaction had no
e ect on the parcels.
s. Davis and her heirs at law, Mr. C. D. Walker, her husband, and Luther J.
D vis, her brother, the land conveyed to Maggie Walker Holloway under terms of
t e will of Mr. Davis.
T e most recent instrument for this parcel recorded prior to the adoption of the Zoning
o dinance, December 10, 1980, is recorded in Deed Book 386, page 537, and is dated
M rch 20, 1963. The deed is a certificate of plat for 108,72 acres known as Tax Map 82,
P rcel 4 and is described as the same lots conveyed in Deed Book 361, page 32.
B sed on this deed, Tax Map 82, Parcel 4 is determined to be four parcels of
r cord with a total of twenty (20) theoretical development rights (five for each lot)
a shown in the chart above.
D ed Book 841, page 124, dated April 18, 1983, conveyed acreage for a 50 foot right-
of way for route 686 from Mr. & Mrs. Goddin and Ruby H, Taylor, then a widow, to the
C mmonwealth of Virginia. This transaction had no effect on the parcels.
D ed Book 855, page 124, dated October 7,1985, conveyed 108.72 acres, more or
Ie s, acres from E. Bryan & Dorothy H. Goddin, husband and wife, to Charles B. &
N rma D. Goddin, husband and wife, and Virginia G. Leake, a widow. The property is
d scribed as being the same as was conveyed by Deed Book 386, page 537. This
tr nsaction had no effect on the parcels.
D ed Book 1803, page 405, dated March 31,1999, conveyed 108.72 acres, more or
Ie s, from Charles B. & Norma D. Goddin, husband and wife, to the same as trustees
fo the Charles B, Goddin Revocable Trust. The property is described as being the
s me as was conveyed by Deed Book 386, page 537. This transaction had no effect
o the parcels.
D ed Book 2089, page 355, dated December 4, 2000, conveyed the 50% interest in the
1 8.72 acres from G. Wayne Taylor, Executor of the Estate of Ruby H, Taylor, G.
W yne Taylor, individually, and Hugh H. Taylor to G Wayne Taylor and Hugh H, Taylor,
T e property is described as being the same as was conveyed by Deed Book 386, page
5 7. This transaction had no effect on the parcels.
T e parcels are entitled to the noted development rights if all other applicable
re ulations can be met. These development rights may only be utilized within the
bounds of the original parcel with which they are associated. These development rights
ar theoretical in nature but do represent the maximum number of lots containing less
th n twenty one acres allowed to be created by right. In addition to the development
rig t lots, the parcel may create as many smaller parcels containing a minimum of
tw nty-one acres as it has land to make.
If ou are aggrieved by this determination, you have a right to appeal it within thirty days
of he date notice of this determination is given, in accordance with Section 15.2-2311 of
th Code of Virginia. If you do not file a timely appeal, this determination shall be final
I:\D PT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2008\82-4. LOD2008-010. 2
Tay or, et al.doc
d unappealable. An appeal shall be taken only by filing with the Zoning Administrator
d the Board of Zoning Appeals a notice of appeal which specifies the grounds for the
a peal. An appeal application must be completed and filed along with the fee of $120.
T e date notice of this determination was given is the same as the date of this letter.
If you h:.~:."~S' please contact me.
S nc~rely, /
/~;;;4~% ' D
\.R nald L. Higgins, AICP~
C ief of Zoning
py: G~Carver, Real Estate Supervisor
~a Jordan, Clerk of the Board of Supervisors
1:\ EPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2008\82-4. LOD2008-010, 3
Ta lor, et al.doc
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D minion Resources Services, Inc.
L w Department
P. . Box 26532, Richmond, VA 23261
Dominion@
May 15,2008
APPLICATION OF VIRGINIA ELECTRIC AND POWER COMPANY
TO REVISE ITS FUEL FACTOR PURSUANT TO VIRGINIA CODE ~ 56-249.6
CASE NO. PUE-2008-00039
To: Local Government Officials
Pursuant to the Virginia State Corporation Commission's May 9,2008 Order
Establishing 2008-2009 Fuel Factor Proceeding, Virginia Electric and Power Company
is providing a copy of that Order to you, Please take notice of its contents,
A copy of Dominion Virginia Power's Application in Case No. PUE-2008-00039
may be obtained from Dominion Virginia Power at no cost by written request to Karen L.
Bell, Law Department, Dominion Resources Services, Inc., Post Office Box 26532,
Richmond, Virginia 23261,
1~~
Karen L. Bell
Assistant General Counsel
Enclosure
COMMONWEALm OF VIRGINIA
STATE CORPORATION COMMISSION
. I !~., l~ ~ ~ i .r\ J t.
AT RICHMOND, MAY 9, 2008
APPLICATION OF
IUjti 14,\ Y - g p 12: 5~
VIRGINIA ELECTRIC AND POWER COMPANY
CASE NO. PUE-2008-00039
To revise its fuel factor pursuant to
Va. Code ~ 56-249.6
ORDER ESTABLISHING 2008-2009 FUEL FACTOR PROCEEDING
On May 6, 2008, Virginia Electric and Power Company ("Dominion Virginia Power" or
"Company") filed with the State Corporation Commission ("Commission") its application,
written testimony, and exhibits requesting to increase its current fuel factor from 2,232 cents per
kilowatt-hour to 4.245 cents per kilowatt-hour, effective for usage on and after July I, 2008,
based on a projected increase in fuel expense for the 2008-2009 fuel factor period of
approximately $1.3 billion above the Company's 2007-2008 fuel cost recovery level.
The proposed fuel factor, Fuel Charge Rider A, includes both a current and a prior
period factor. Fuel Charge Rider A's current period factor of 3.893 cents per kilowatt-hour is
designed to recover the Company's total estimated Virginia jurisdictional fuel expenses of
approximately $2.6 billion for the period July 1, 2008 through June 30, 2009, Fuel Charge
Rider A's prior period factor of 0.352 cent per kilowatt-hour is designed to recover
approximately $231 million over that same 12-month period. This amount represents that part
of the Company's estimated June 30, 2008 deferral portion of the increase in fuel tariffs that
would increase the total rates of the residential class of customers by 4% over the level of
. such total rates in existence on June 30, 2008.
In addition to its filed factor of 4.245 cents per kilowatt-hour, Dominion Virginia Power
concurrently filed a Proposed Rule that, if adopted, would change the impact of its filed fuel
factor. Specifically, adoption of the Proposed RuIe would resuIt in implementation of a current
period factor of 3 .893 cents per kilowatt-hour and defer recovery of the entire $697 million
June 30, 2008 deferred balance to the three succeeding fuel periods of 2009-201 0, 2010-2011,
and 2011-2012, without recovery of any portion of such balance in the 2008-2009 period. Fuel
Charge Rider B (0.338 cent per kilowatt-hour) attached to the Proposed Rule wouId provide for
recovery of the $697 million deferred balance on a straight-line basis over such three succeeding
fuel periods. As part ofthe procedures established in this Order, the Commission is allowing the
submission of legal memoranda that may address, among other issues, the legal permissibility of
the Proposed Rule and whether the Commission can approve the Proposed Rule as part ofthis
proceeding.
NOW THE COMMISSION, having considered the application, is of the opinion and finds
that this matter should be docketed, that public notice and an opportunity for participation in this
proceeding should be given, and that a hearing should be scheduled.
Accordingly, IT IS HEREBY ORDERED THAT:
(1) This matter is docketed and assigned Case No. PUE-2008-00039.
(2) A public hearing shall be convened on June 24, 2008, at 10:00 a.m., in the
Commission's Courtroom, Second Floor, Tyler Building, 1300 East Main Street, Richmond,
Virginia, to receive comments from members of the public and evidence related to the
establishment of Dominion Virginia Power's fuel factor pursuant to its application and Proposed
Rule. Any person desiring to make a statement at the public hearing concerning the application
or Proposed Rule need only appear in the Commission's Second Floor Courtroom at 9:45 a.m. on
the day of the hearing and identify himself or herselfto the Bailiff.
2
(3) The Company shall forthwith make copies of its Proposed Rule, application, prefiled
ony, and exhibits available for public inspection during regular business hours at all Company
ffices in Virginia where customer bills may be paid. Interested persons may also review a
opy of Dominion Virginia Power's application and Proposed Rule in the Commission's
ocument Control Center, located on the First Floor of the Tyler Building, 1300 East Main
Street, Richmond, Virginia between the hours of8:15 a.m. and 5:00 p.m., Monday through
Friday, excluding holidays. Interested persons may also request a copy of the same, at no charge,
by written request to counsel for Dominion Virginia Power, Pamela J. Walker, Esquire, or
Karen L. Bell, Esquire, Dominion Resources Services, 120 Tredegar Street, Richmond, Virginia
23219. Dominion Virginia Power shall make a copy available on an electronic basis upon request.
In addition, unofficial copies of the Company's application and Proposed Rule, Commission
Orders entered in this docket, the Commission's Rules of Practice and Procedure, as well as
other information concerning the Commission and the statutes it administers, may be viewed on
the Commission's website at http://www.scc.vinrinia.gov/casel.
(4) On or before May 19,2008, Dominion Virginia Power shall cause a copy of the
following notice to be published as display advertising (not classified) on one occasion in
newspapers of general circulation throughout its service territory:
NOTICE TO THE PUBLIC OF
VIRGINIA ELECTRIC AND POWER COMPANY'S
REQUEST TO INCREASE ITS FUEL FACTOR
CASE NO. PUE-2008-00039
On May 6, 2008, Virginia Electric and Power Company
("Dominion Virginia Power" or "Company") filed with the State
Corporation Commission ("Commission") an application, written
testimony and exhibits requesting to increase its current fuel factor
from 2.232 cents per kilowatt-hour to 4.245 cents per kilowatt-
hour, effective for usage on and after July 1, 2008, based on a
projected increase in fuel expense for the 2008-2009 fuel factor
3
I
period of approximately $1.3 billion above the Company's
2007-2008 fuel cost recovery level.
The proposed fuel factor, Fuel Charge Rider A, includes
both a current and prior period factor. Fuel Charge Rider A's
current period factor of3.893 cents per kilowatt-hour is designed to
recover the Company's total estimated Virginia jurisdictional fuel
expenses of approximately $2.6 billion for the period July 1, 2008,
through June 30,2009. Fuel Charge Rider A's prior period factor of
0.352 cent per kilowatt-hour is designed to recover approximately
$231 million over that same 12-month period. This amount
represents that part of the Company's estimated June 30, 2008
deferral portion of the increase in fuel tariffs that would increase the
total rates of the residential class of customers by 4% over the level
of such total rates in existence on June 30, 2008.
Also on May 6, the Company concurrently filed a Proposed
Rule with its application that, if adopted, would change the impact
of its filed fuel factor. Specifically, adoption of the Proposed Ru1e
wou1d result in implementation of a current period factor of
3.893 cents per kilowatt-hour and defer recovery ofthe entire
$697 million June 30, 2008 deferred balance to the three
succeeding fuel periods of 2009-201 0, 2010-2011, and 2011-2012,
without recovery of any portion of such deferred balance in the
2008-2009 period. Fuel Charge Rider B (.338 cent per kilowatt-
hour) attached to the Proposed Rule would provide for recovery of
the $697 million deferred balance on a straight-line basis over such
three succeeding fuel periods.
Pursuant to Va. Code S 56-249.6, the Commission has
scheduled a public hearing to commence at 10:00 a.m. on June 24,
2008, in the Commission's Second Floor Courtroom, Tyler
Building, 1300 East Main Street, Richmond, Virginia, for the
purpose of receiving comments from members of the public and
evidence related to the establishment of Dominion Virginia
Power's fuel factor.
The Company's application, Proposed Rule, prefiled
testimony, and exhibits are available for public inspection during
regular business hours at all of the Company's offices where bills
may be paid. Interested persons may also review a copy of the
application and Proposed Rule in the Commission's Docwnent
Control Center, located on the First Floor of the Tyler Building,
1300 East Main Street, Richmond, Virginia, between the hours of
8:15 a.m. and 5:00 p.m., Monday through Friday, excluding
holidays. A copy of the Company's application and Proposed Rule
4
I
may also be obtained, at no cost, by written request to counsel for
Dominion Virginia Power, Pamela J. Walker, Esquire, or Karen L.
Bell, Esquire, Dominion Resources Services, 120 Tredegar Street,
Richmond, Virginia 23219. In addition, unofficial copies of the
Company's application, Proposed Rule, Commission Orders entered
in this docket, the Commission's Rules of Practice and Procedure, as
well as other information concerning the Commission and the
statutes it administers, may be viewed on the Commission's
website: http://www.scc.virginia.gov/case/.
Any person desiring to make a statement at the public
hearing concerning the application or Proposed Rule need only
appear in the Commission's Second Floor Courtroom at 9:45 a.m.
on the day ofthe hearing and identify himself or herselfto the
Bailiff. Any person desiring to file written comments on the
Company's application or Proposed Rule shall file, on or before
June 19,2008, such comments with the Clerk of the Commission
at the address set forth below and shall simultaneously serve a
copy of such comments on counsel for the Company at the
address set forth above. Any person desiring to file comments
electronically may do so, on or before June 19, 2008, by following
the instructions found at the Commission's website:
htto:/ /www.scc.virginia.gov/casel.
On or before June 12, 2008, any interested person may
participate as a respondent in this proceeding by filing an original
and fifteen (15) copies of a notice of participation with the Clerk of
the Commission, c/o Document Control Center, P.o. Box 2118,
Richmond, Virginia 23218-2118, and simultaneously serving a copy
of the notice of participation on counsel to the Company. Interested
parties should obtain a copy of the Commission's Order for further
details on participation as a respondent.
On or before June 12, 2008, each respondent may file with
the Clerk at the address set forth above, an original and fifteen (15)
copies of (1) any testimony and exhibits by which it expects to
establish its case and (2) legal memoranda, and shall serve
copies of the testimony and exhibits on counsel to Dominion
Virginia Power and on all other respondents.
All filings with the Clerk of the Commission shall refer to
Case No. PUE-2008-00039 and shall simultaneously be served on
counsel for the Company at the address set forth above.
VIRGINIA ELECTRIC AND POWER COMPANY
5
I
(5) On or before May 19,2008, the Company shall serve a copy of this Order on the
chairman of the board of supervisors and county attorney of each county and upon the mayor or
manager (or equivalent official) of every city and town in which the Company provides service.
Service shall be made by first-class mail to the customary place of business or residence of the
person served.
(6) At the cormnencement of the hearing scheduled herein, the Company shall provide
proof of service and notice as required in this Order.
(7) Any person desiring to file written comments on the Company's application or
Proposed Rule shall file, on or before June 19,2008, such comments with the Clerk of the
Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218-2118,
and shall simultaneously serve a copy of such comments on cOWlsel to the Company at the
address set out in Ordering Paragraph (3) above. Any person desiring to file comments
electronically may do so, on or before June 19,2008, by following the instructions found at the
Commission's website: http://www.scc.virginia.gov/case/.
(8) On or before May 22, 2008, the Company shall file a legal memorandum supporting its
application and Proposed Rule, which shall address, among other things, the legal permissibility
of the Proposed Rule and whether the Commission can approve the Proposed Rule as part of this
proceeding,
(9) On or before June 12, 2008, any interested person may participate as a respondent in
this proceeding by filing an original and fifteen (15) copies of a notice of participation with the
Clerk of the Commission at the address set out in Ordering Paragraph (7) above, and
simultaneously serving a copy of the notice of participation on colUlsel to the Company at the
address set forth in Ordering Paragraph (3) above. Pursuant to Rule 5 V AC 5-20-80 of the
6
I
II
Commission's Rules of Practice and Procedure, any notice of participation shall set forth (i) a
precise statement of the interest of the respondent; (ii) a statement of the specific action sought to
the extent then known; and (iii) the factual and legal basis for the action. Interested parties shall
refer in all of their filed papers to Case No. PUE-2008-00039.
(10) Within three (3) business days of receipt ofa notice of participation as a respondent,
the Company shall serve upon each respondent a copy of this Order, a copy of the application,
and all materials filed with the Commission, unless these materials have already been provided
to the respondent.
(It) On or before June 12,2008, each respondent may file with the Clerk of the
Commission at the address set forth in Ordering Paragraph (7) above, an original and fifteen (15)
copies of (a) any testimony and exhibits by which it expects to establish its case and (b) a legal
memorandum, and shall simultaneously serve copies of the testimony, exhibits, and legal
memoranda on counsel to the Company and all other respondents.
(12) The Commission Staff shall investigate the reasonableness of the Company's
estimated fuel expenses and proposed fuel factor. On or before June 12, 2008, the Staff shall file
with the Clerk of the Commission an original and fifteen (IS) copies of (a) the Staffs testimony and
exhibits regarding the captioned application and (b) a legal memorandum, and shall promptly serve
a copy on counsel to the Company and all respondents.
(13) On or before June 19,2008, the Company shall file with the Clerk of the
Commission an original and fifteen (15) copies of (a) any rebuttal testimony that the Company
expects to offer in rebuttal to the testimony and exhibits of the respondents and the Commission
Staff and (b) a legal memorandum in response to the legal memoranda ofthe respondents and the
Staff, and shall on the same day serve one (1) copy on Staff and all respondents.
7
(14) The Company and all respondents shall respond to written interrogatories within
even calendar days after receipt of the same. Except as modified above, discovery shall be in
ccordance with Part IV of the Commission's Rilles of Practice and Procedure.
(15) Pursuantto ~ 12.1-31 of the Code of Virginia and 5 VAC 5-20-120 ofthe
ommission's Rules of Practice and Procedure, 5 V AC 5-20-10 et seq., the Commission assigns
Hearing Examiner to rule on any discovery matter that may arise in this proceeding.
(16) This matter is continued pending further order of the Commission.
AN A ITESTED COpy hereof shall be sent by the Clerk of the Commission to:
amela J. Walker, Deputy General Counsel, Dominion Virginia Power, Law Department
H-1, P.O. Box 26532, Richmond, Virginia 23261-6532; C. Meade Browder, Jr., Senior
ssistant Attorney General, Division of Consumer Counsel, Office of Attorney General,
900 East Main Street, 2nd Floor, Richmond, Virginia 23219; and the Commission's Office
of General Counsel and Division of Energy Regulation.
8
Statement Regarding TDR Stakeholder Dialogue
Whereas the Virginia General Assembly has in recent years provided enabling legislation to
allow local governments to implement Transferable Development Rights (TDR) programs; and
Whereas Albemarle County Board of Supervisors has some interest in exploring TDRs as a tool
for protecting our Rural Areas; and
Whereas the Albemarle County Board of Supervisors has limited resources available for
exploring a TDR program for the County at this time; and
Whereas the Weldon Cooper Center of the University of Virginia has expressed willingness to
support and facilitate a community stakeholder dialogue regarding the possible use ofTDRs in
Albemarle County; and
Whereas, stakeholders have expressed interest in funding this stakeholder dialogue at the
Weldon Cooper Center; now
Therefore, the Albemarle County Board of Supervisors hereby acknowledges that it is interested
in learning the outcome of the aforementioned stakeholder dialogue, and is supportive ofthis
dialogue being undertaken in the community,
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22902-4596
(434) 296-5843 FAX (434) 296-5800
Dennis S. Rooker
Jack Jouett
David L. Slutzky
Rio
n H. Mallek
White Hall
Sally H. Thomas
Samuel Miller
June 19, 2008
M . Gary W. Fern
E ecutive Director
R anna Water and Sewer Authority
6 5 Moores Creek Lane
C arlottesville, VA 22902-9016
At its meeting on June 11, 2008 the Board of Supervisors adopted the attached
re. olution supporting a study of the maintenance of the South Fork Rivanna Reservoir
ad efforts to promote water conservation.
!.i~ I. /l
-.-i,---~
Ell . W. Jordan, Clerk, CMC
Jeanne Cox, Clerk of Council
A RESOLUTION
SUPPORTING A STUDY OF THE MAINTENANCE
OF THE SOUTH FORK RIV ANNA RESERVOIR
AND EFFORTS TO PROMOTE WATER CONSERVATION
WHEREAS, the approval of a community water supply plan does not negate the
C unty's concerns regarding the maintenance of the South Fork Rivanna Reservoir and the
portance of water conservation.
WHEREAS, the Rivanna Water & Sewer Authority, with the support of Albemarle County
d the City of Charlottesville, has received a permit from the United States Corps of Engineers
thorizing the expansion of the Ragged Mountain Reservoir for a community water supply; and
NOW, THEREFORE, BE IT RESOLVED that in addition to the specific elements of the
c mmunity water supply plan approved by the Rivanna Water and Sewer Authority, the City
C uncil and the Board of Supervisors, the Board of Supervisors hereby requests the Rivanna
ater and Sewer Authority to undertake a study of the South Fork Rivanna Reservoir and the
vi bility and merits of maintenance dredging, siltation prevention and any other appropriate
in tiatives that could maintain and enhance the aquatic health and water quality of the South
F rk Rivanna Reservoir, as a valuable water resource for the long term future benefit of the
c mmunity. The Board hereby requests that the Albemarle County Service Authority, the
R vanna River Basin Commission and other affected regional partners formally express their
s pport of this study; and
BE IT FURTHER RESOLVED that the Board of Supervisors hereby agrees to increase
efforts to promote water conservation and efficiency by Albemarle County water consumers,
a d commits to engage in an active dialogue with the Rivanna Water and Sewer Authority, the
City of Charlottesville, the Albemarle County Service Authority, the University of Virginia and
ot er key partners to develop stronger incentives and more effective measures for the
c nservation of water throughout the region.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true and correct copy of
a esolution duly adopted by the Board of Supervisors of Albemarle County by a vote of six to
z ro, as recorded below, at a meeting held on JU~2008'
ltc~vkPL-
er~, oard 0 County Supervisors
M . Boyd
M . Dorrier
M . Rooker
M . Slutzky
M . Thomas
M . Wyant
Ave Nav
y:
y:
y
y:
y:
y
A RESOLUTION
SUPPORTING A STUDY OF MAINTENANCE DREDGING
OF THE SOUTH FORK RIV ANNA RESERVOIR
AND EFFORTS TO PROMOTE WATER CONSERVATION
WHEREAS, the Rivanna Water & Sewer Authority, with the support of Albemarle County
and the City of Charlottesville has received a permit from the United States Corps of Engineers
authorizing the expansion of the Ragged Mountain Reservoir for a community water supply; and
WHEREAS, the approval of a community water supply plan does not negate the County's
concerns regarding the maintenance of the South Fork Rivanna Reservoir and the importance
of water conservation.
NOW, THEREFORE, BE IT RESOLVED that in addition to the specific elements of the
community water supply plan approved by the Rivanna Water and Sewer Authority, the City
Council and the Board of Supervisors, the Board of Supervisors hereby requests the Rivanna
Water and Sewer Authority to undertake a study of the South Fork Rivanna Reservoir and the
viability and merits of maintenance dredging, siltation prevention and any other appropriate
initiatives that could maintain and enhance the aquatic health and water quality of the South
Fork Rivanna Reservoir, as a valuable water resource for the long term future benefit of the
community. The Board hereby requests that the Albemarle County Service Authority, the
Rivanna River Basin Commission and other affected regional partners formally express their
support of this study; and
BE IT FURTHER RESOLVED that the Board of Supervisors hereby agrees to increase its
efforts to promote water conservation and efficiency by Albemarle County water consumers,
and commits to engage in an active dialogue with the Rivanna Water and Sewer Authority, the
City of Charlottesville, the Albemarle County Service Authority, the University of Virginia and
other key partners to develop stronger incentives and more effective measures for the
conservation of water throughout the region.
I, Ella W, Jordan, do hereby certify that the foregoing writing is a true and correct copy of
a Resolution duly adopted by the Board of Supervisors of Albemarle County by a vote of _ to
, as recorded below, at a meeting held on
Clerk, Board of County Supervisors
Ave Nav
Mr. Boyd
Mr. Dorrier
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Mr. Wyant
SP 2007-00056 Rivanna Plaza
Drive-In Window
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SP 2007- 00056 Rivanna Plaza Drive-In Window
Recommended conditions of approval:
1. Drive-in window is limited to one window.
2, Development of the site will be in general accord with
the site plan titled Special Use Permit Application Plan
for Rivanna Plaza and initialed LKG 4/17/08.
4
.
.
.
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Pone 434 296-5832
Fax 434 972-4012
D minion Development Resources/Janet Miller
1 2 South Pantops Drive
C arlottesville, Va 22911
SP2007-00056 Rivanna Plaza
Tax Map 45, Parcel 109, 112C1
T e Albemarle County Planning Commission, at its meeting on April 29, 2008, recommended approval of
th above-noted petition to the Board of Supervisors, by a vote of 7:0.
ase note that this approval is subject to the following conditions:
1. Drive-in window is limited to one window.
2. Development of the site will be in general accord with the site plan titled Special Use Permit
Application Plan for Rivanna Plaza and initialed.
PI ase be advised that the Albemarle County Board of Supervisors will review this petition and receive
p blic comment at their meeting on June 11, 2008.
If ou should have any questions or comments regarding the above noted action, please do not hesitate to
c ntact me at (434) 296-5832.
Li a Glass
P incipal Planner
Z ning and Current Development Division
cc: Rivanna Plaza LLC/Mark Green
109 Robinson Woods
Charlottesville, VA 22903
C B C Partners
POBox 6668
Charlottesville, Va 22906
.
COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
.
Project: Staff: Patrick Lawrence, Planner
SP 2007-056 Rivanna Plaza ~ Drive-in Window Jonathon Sharp, Engineer
Lisa Glass, Principal Planner
Planning Commission Public Hearing: Board of Supervisors Public Hearing:
April 29, 2008 June 11, 2008
Owner: C B C Partners Applicant: C B C Partners
Acreage: approximately 1.416 acres Special Use Permit: Section 24.2.2(13)
Drive-In Window
TMP: TM 45 Parcels 109, 112C and 112D Existing Zoning and By-right use:
Location: On the west side of Seminole Trail HC, Highway Commercial; EC, Entrance
(Rte. 29) approximately 1,100 feet north of Corridor Overlay.
W oodbrook Drive, immediately south of
Schewels furniture and adjacent to Keglers
Bowling Center
Magisterial District: Rio Conditions: Yes
DA (Development Area): within Urban Area 1, Requested # of Commercial Units:
Designated for Regional Service
Proposal: Request for special use permit for a drive- Comprehensive Plan Designation:
in window as part of a commercial/retail use. Regional Service in Urban Area 1.
Character of Property: The property is currently a Use of Surrounding Properties: The
vacant lot fronting on Seminole Trail (Route 29). surrounding properties consist of commercial and
retail uses. Immediately adjacent is Schewel's
Furniture and Kegler's Bowling Center,
Factors Favorable: Factors Unfavorable:
1. The proposed development complies with 1. Comments from the ARB are not
Zoning Ordinance Section 31.2.4.1: Special Use available at the time of this report;
Permits; therefore staff cannot find that this
2.The design of the drive-thru lanes and on-site request is consistent with the EC,
traffic patterns for the drive-in window provide Entrance Corridor Overlay District.
adequate access;
3 . Entrance improvements meet VDOT
standards
RECOMMENDATION:
Staff recommends approval of Special Use Permit SP2007-056 with conditions.
.
- 1 -
STAFF PERSON: Patrick Lawrence, Planner; Jonathon Sharp, Engineer
Lisa Glass, Principal Planner
PLANNING COMMISSION: April 29, 2008
BOARD OF SUPERVISORS: June 11, 2008
PROJECT: SP2007-00056 Rivanna Plaza Drive-in Window
(SDP2007-00137 Rivanna Plaza Preliminary Site Plan)
Petition:
PROJECT: SP 2007-00056 Rivanna Plaza
PROPOSED: Drive-in Window with Drive-thru lane for proposed retail building
ZONING CATEGORY/GENERAL USAGE: HC, Highway Commercial, and
EC, Entrance Corridor Overlay
SECTION: 24.2.2(13) Special Use Permit, which allows for drive-in windows
serving or associated with permitted uses.
COMPREHENSIVE PLAN LAND USE: Regional Service in Urban Area 1
LOCATION: Tax Map Parcel 45-109 and 45-1412C, located on west side of
Seminole Trail (Rt. 29), approximately 1,100 feet north of Wood brook Drive
MAGISTERIAL DISTRICT: Rio
CONCURRENT PROJECT: SDP200700137
Character of the Area:
Property lies in a commercial corridor. Adjoining properties include: Schewel's
Furniture, Kegler's Bowling Center and Lowe's.
Specifics of the Proposal:
The site development plan for Rivanna Plaza proposes three (3) buildings: a
12,500 sq. ft. day care center, a 14,800 sq. ft. structure and a 4,800 sq. ft. retail
structure with a drive-in window and drive-thru lane. The retail building utilizing
a drive-in window requires a special use permit according to Section 24.2.2 (13).
The site plan addresses staff and VDOT comments regarding the "Places 29"
study by closing entrances along Seminole Trail (Rt. 29) and providing parcel
interconnectivity with Schewel's and Kegler's. The current entrances to Kegler's
and Schewel's will be closed. Access for Schewels, Keglers and Rivanna Plaza
will be from the proposed Rivanna Plaza entrance. The proposed drive-in
window will serve a specialty retail use.
Plannin2 and Zonin2 History:
This property has been subject to numerous subdivision plats resulting in its
current configuration. A site plan for a miniature golf course was previously
approved for this site. However, that use has been discontinued and the site is
now vacant. This site is in the area that is part of the Places 29 Study Area.
- 2 -
.
Conformity with the Comprehensive Plan:
The Comprehensive Plan designates the subject properties as Regional
Service in Urban Area 1 emphasizing that this corridor is designated for
developing varied business, retail and service related uses. The proposed uses
are day care facility, retail and drive-thru serving a retail use. Special use
permits for drive-in windows in this district are not uncommon in Regional
Service Areas.
ST AFF COMMENT:
A site plan has been submitted for concurrent review with the special use
permit. The Planning Commission and Board of Supervisors do not need to
act on the site development plan because it is subject to administrative
review. The site development plan is provided with this special use permit
review in order to review circulation and other impacts that may be generated
by the drive-in window.
The issues which typically arise in the review of drive-in windows are: 1.
traffic impacts on and off site; 2. visibility ofthe site from an entrance
corridor, and 3, impact from the headlights of stacked vehicles. These issues
are addressed in the assessment below.
.
Section 18 - 31.2.4.1 of the Code of Albemarle requires that Special Use
Permits be assessed as follows:
Will the use be of substantial detriment to adjacent property?
The location of the drive-in window will not cause a substantial detriment to
adjacent property. The location and design of the window and travelways are
consistent with typical commercial design. The headlights of stacked vehicles
at the drive-in window are directed to the interior of the commercial site.
Will the character of the district be changed by this use?
Drive-in windows are common in this zoning district and along Route 29,
Approval of this special use permit will not change the character of the
district. Architectural Review Board (ARB) impacts are discussed below,
Will the use be in harmony with the purpose and intent of this ordinance?
Staff has reviewed the purpose and intent of the ordinance as contained in
section 1.4, 1.5, and 1.6, the intent of the HC, Highway Commercial district
as contained in Section 24,1, and the intent of the EC, Entrance Corridor
Overlay district as contained in section 30,6. This request is generally
consistent with these ordinances.
.
However, staff is unable to make positive findings with respect to visibility
from the Entrance Corridor because the Architectural Review Board (ARB)
has not reviewed this application at the time of this report. The ARB
meeting is scheduled for April 21 st. Staffwill share the results ofthat review.
- 3 -
This development meets the intent and purpose of the HC, Highway
Commercial zoning district by providing a diversified commercial setting on
a major thoroughfare. (Section 18.24.1).
The described development complies with the Comprehensive Plan and
reflects the intent of the Places 29 Study with interconnectivity and entrance
closures.
The Rivanna Plaza development provides both the frontage and the depth to
allow controlled access and inter parcel connectivity. The site plan reflects
the intent of the proposed access management plan in the Places 29 Study by
closing the existing entrance to Keglers Bowling Center and providing access
to Keglers thru the Rivanna Plaza site, thereby improving overall access to
the drive-in window.
Will the use be in harmony with the uses permitted by right in the district?
By-right uses in HC, Highway Commercial District include a wide variety of
intensive commercial activities. Drive-in windows are common with many
uses in the district.
Will the use comply with the additional regulations provided in section 5.0
of this ordinance?
Section 5.0 contains no additional regulations regarding drive-in windows,
Will the public health, safety and general welfare of the community be
protected if the use is approved?
The site development plan has been revised to adequately address
Engineering comments regarding travelway connections and inter-parcel
connectivity, The drive-in window traffic impacts are minimized by
lengthened stacking lanes and reconfiguration of the site.
SUMMARY:
Staff has identified the following factors favorable to this application:
1. The proposed development complies with Zoning Ordinance Section
31.2.4.1: Special Use Permits as indicated in the assessment above.
2, The design ofthe drive-thru lanes and on-site traffic patterns for the
drive-in window address Engineering comments.
Staffhas identified the following factors unfavorable to this application:
1. Comments from the ARB are not available at the time of this report.
Although the applicant intends to have heavy landscaping to minimize
visibility of the drive-in from the Route 29 corridor, the impact on the EC
corridor cannot be adequately addressed until after ARB review.
- 4 -
.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends
approval of Special Use Permit SP 2007-056 Rivanna Plaza Dri~e-in window
pending comments from the ARB.
Recommended conditions of approval:
1. Drive-in window is limited to one window.
2. Development of the site will be in general accord with the site plan titled
Special Use Permit Application Plan for Rivanna Plaza and initialed
LKG 4/17/08.
ATTACHMENTS
Attachment A - Vicinity Map
Attachment B - Aerial Photograph
Attachment C - Site Photographs
Attachment D - Drive-In Location shown on reduced Landscape Plan
Attachment E - Site Plan Documents
.
.
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SP 2008-07 Lebanon Presbyterian Church
Special Use Permit to
allow the construction
of a storage building
and to bring an existing
church and cemetery
into conformance with
the zoning ordinance.
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U. S.If'OIJTt:" ;'0 ,. tHOWI NG
.. '':;CELOF lAND
ER IAN CHURCH
LEBANON PRESBYT
COIJ tlTV. Y A
ALBEMARLE
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Background and Issues
. Historic 1850's church, with later front fa~ade alteration.
. No changes in the parking or size of the sanctuary.
. Only change is to add storage building in the rear of the
property.
. Special use permit with conditions will bring the total church
property into conformance with the zoning ordinance.
. Church does not intend to have lights on the exterior of the new
storage building. The standard lighting condition would apply
to the entire church, including the storage building, and would
require a lighting plan for the total church property. The Board
may not want to apply this condition in this case considering the
limited extent of improvements that have necessitated this
special use permit.
Staff and the Planning Commission recommend
approval of SP 2008-07 Lebanon Presbyterian
Church, with conditions
1. Special Use Permit 2008-07 Lebanon Presbyterian Church shall be
developed in general accord with the concept plan, provided by the
applicant and received February 11,2008 (Attachment A). However, the
Zoning Administrator may approve revisions to the concept application
plan to allow conformance with the Zoning Ordinance.
2. The color of the storage building shall be brown and the roof shall be
charcoal, as agreed by the applicant.
3. There shall be no day care or private school on site without prior approval
-~ of a separate special use permit
~ 4. There shall not be an increase in the sanctuary without prior approval of an
amendment to this special use permit.
.. AII~utdoor lilJhtinlJ shall be onlv full cut-off fixtures and shielded to reflect
'~\t\ilj 5.
II ~ \W Iieltt-awav from all abuttine properties. A Iiehtin!! plan Iimitin!! Ii!!ht levels
at all propertv lines to no !!reater than 0.3 foot candles shall be submitted to
o . dJii'" the Zonine Administrator or their desienee for approval.
~ Should the Board feel that the condition regarding outdoor lighting is excessive
considering the circumstances leading to this special use permit it should
remove condition #5 as part of its action.
3
.
.
.
~
Fax 434 972-4012
Fr nk Birdsall, Trustee
1 5 Birdsall Lane
A on VA 22920
SP2008-00007 Lebanon Evangelical Presbyterian Church
Tax Map 70, Parcels 2; 2A; 3A
T e Albemarle County Planning Commission, at its meeting on May 13, 2008, recommended approval of
th above-noted petition to the Board of Supervisors, by a vote of 7:0.
ase note that this approval is subject to the following conditions:
1. Special Use Permit SP 2008-07 Lebanon Presbyterian Church shall be developed in
general accord with the concept application plan, provided by the applicant and received
February 11, 2008 (Attachment A) However, the Zoning Administrator may approve
revisions to the concept application plan to allow conformance with the Zoning Ordinance.
2. The color of the storage building shall be brown and the roof color shall be charcoal, as
agreed by the applicant.
3. There shall be no day care center or private school on site without prior approval of a
separate special use permit.
4. There shall not be an increase in the sanctuary without prior approval of an amendment to
this special use permit.
5. All outdoor lighting shall be arranged or shielded to reflect light away from the abutting
properties.
PI ase be advised that the Albemarle County Board of Supervisors will review this petition and receive
pu lic comment at their meeting on July 11, 2008.
If ou should have any questions or comments regarding the above noted action, please do not hesitate to
co tact me at (434) 296-5832.
/!l{!)JtlXdl!
J n McDowell
Pri cipal Planner
PI nning Division
Cc Lebanon Presbyterian Church
8312 Srooksville Road
Greenwood VA 22943
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
SP 2008- 7 Lebanon Evangelical Presbyterian
Church
AGENDA DATE:
June 11, 2008
ACTION: x
INFORMATION:
SUBJEC IPROPOSAURE UEST:
Bring exis ing church and cemetery into
conforma ce with the zoning ordinance and
construct ew storage building
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: YES
REVIEWED BY:
Cilimberg
a
DISCUSSI N:
Represent tives of Lebanon Evangelical Church have advised staff that they do not intend to have lights on
the exterio of the new storage building (which has created the need for this special use permit). The
proposed Ii hting condition would apply to the entire church, including the storage building. As such, the
condition ould require a lighting plan for the total church property. While staff has included the condition as
requested y the Board, the Board may not want to apply it in this case considering the limited extent of
improvements that have necessitated this special use permit.
RECOMM NDA TION:
Staff and t e Planning Commission have recommended approval of this special use permit with five
conditions, including an outdoor lighting condition which has been modified since the Planning Commission
public hear ng (as noted below) to reflect the Board's intent. Should the Board feel that the condition
regarding outdoor lighting is excessive considering the circumstances it should remove condition #5 as part of
its action.
.
SP 2008-07
Page 1
Recommended conditions of approval:
1. Special Use Permit SP 2008-07 Lebanon Presbyterian Church shall be developed in general accord
with the concept application plan, provided by the applicant and received February 11, 2008 (Attachment
A.) However, the Zoning Administrator may approve revisions to the concept application plan to
allow conformance with the Zoning Ordinance.
2. The color of the storage building shall be brown and the roof color shall be charcoal, as agreed by the
applicant.
3. There shall be no day care center or private school on site without prior approval of a separate special
use permit.
4. There shall not be an increase in the sanctuary without prior approval of an amendment to this special
use permit.
5.AII 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 all property lines to no greater than 0.3 foot candles
shall be submitted to the Zoning Administrator or their designee for approval.
ATTACHMENTS:
SP 2008-07 Lebanon Presbyterian Church Staff Report
SP 2008-07
Page 2
.
.
.
I
COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: SP 2008-07 Lebanon Evangelical
Presbyterian Church
Planning Commission Public Hearing:
May 13,2008
Owner: Lebanon Presbyterian Church
Acrea2e: 5.75 acres
TMP: 70-2 and TMP 70-2A
Location: North side of Route 250 III the
Greenwood area at 8312 Brooksville Road
Magisterial District: White Hall
RA (Rural Areas): X
Proposal: Bring existing church and cemetery
into conformance with the zoning ordinance and
construct a new storage building
Character of Property: Existing historic church
and cemetery located hilltop overlooking Blue
Ridge Mountains and eastern Albemarle; mostly
lawn with some groves of trees
Factors Favorable:
1. The special use permit will bring the non-
conforming church into conformance with
the zoning ordinance.
2. The proposed storage building will be
located in an area of the property that will
not affect the existing historic church and
would be constructed using colors that will
be less visible from Route 250.
Staff: Joan McDowell, Principal Planner
Board of Supervisors Public Hearing:
June 11, 2008
Applicant: Lebanon Presbyterian Church
Special Use Permit: Sec. 10.2.2.(35)
Existing Zoning and By-right use:
RA -- Rural Areas: agricultural, forestal, and
fishery uses; residential density (0.5 unit/acre in
development lots)
Conditions: Yes
Requested # of Dwelling Units: NA
Comprehensive Plan Designation: Rural Areas
- preserve and protect agricultural, forestal, open
space, and natural, historic and scenic resources,
residential density (0,5 unit/ acre in development
lots)
Use of Surrounding Properties: This area of
Greenwood includes a mixture of residential lots,
wooded areas, and farmland.
Factors Unfavorable:
None
RECOMMENDATION: Staff recommends approval of this Special Use Permit with conditions.
.
STAFF PERSON: Joan McDowell, Principal Planner
PLANNING COMMISSION: May 13,2008
BOARD OF SUPERVISORS: June 11, 2008
PROJECT: SP 2008-07 Lebanon Evangelical Presbyterian Church
Petition: Special Use Permit to bring an existing church into conformance with
the zoning ordinance and to allow the construction of a storage building
ZONING CATEGORY/GENERAL USAGE: RA -- Rural Areas: agricultural,
forestal, and fishery uses; residential density (0.5 unit/acre)
SECTION: 10.2.2 (35) church building and adjunct cemetery
COMPREHENSIVE PLAN LAND USEIDENSITY: Rural Areas - preserve
and protect agricultural, forestal, open space, and natural, historic and scenic
resources/ density (.5 unit/ acre); Entrance Corridor Overlay
ENTRANCE CORRIDOR: Yes
LOCATION: 8312 Brooksville Road; north side of Route 250 West;
approximately .10 mile east of Plank Road; in the Greenwood area
TAX MAPIPARCEL: TMP 70-2; TMP 70-2A; TMP 70-3A
MAGISTERIAL DISTRICT: White Hall
Character of the Area: This area is characterized by rolling terrain containing
farmland, hedgerows, scattered residential, several churches, and forestland.
The property faces a major east-west highway, Route 250, but is accessed from
a side, parallel road, Brooksville Road. Farms of significant historic importance
are located in this area of the County.
.
Specifics of the Proposal: After inquiring about the construction of a storage
building on this site, church leaders were advised that since this c.1850 church
existed prior to the zoning ordinance, a special use permit would be required to
bring the church and the cemetery into conformance with the zoning ordinance,
as well as to allow construction of the new storage building. Expansion of a
non-conforming use is not permitted. The proposed 20' by 31' by 9' high
storage building would be located to the rear of the church. The concept plan
for the existing church, adjacent manse and the proposed storage building is
included as Attachment A. A photograph of the proposed storage building is
included as Attachment B.
Plannin2: and Zonin2: Historv: No previous applications are on file for this
church
Conformity with the Comprehensive Plan: The Comprehensive Plan
designates the subject properties as Rural Areas emphasizing the preservation
and protection of agricultural, forestal, open space, and natural, historic and
scenic resources as land use options. Churches are integral to the historic
context of rural communities.
STAFF COMMENT:
Staff addresses each provision of Section 31.2.4,1 of the Zoning Ordinance:
.
31.2.4.1: Special Use Permits provided for in this ordinance may be issued
upon a finding by the Board of Supervisors that such use will not be of
substantial detriment to adjacent property,
The church has occupied this site since the mid-1800s, This special use permit
would bring the existing church and adjacent cemetery into conformance with
the zoning ordinance and would allow construction of a new storage building
behind the church, The proposed storage building would be visible to the
residential property to the rear of the church. The owners of adjacent properties
have received notification of the application, but they have not contacted staff
with any concerns. As the building is similar to storage buildings in residential
neighborhoods, staff does not anticipate that the surrounding properties would
be adversely affected. The storage building will not increase activities
associated with the church.
that the character of the district will not be changed thereby and
This application has been reviewed by the Architectural Review Board staff, as
it is adjacent to an Entrance Corridor. In response to staffs concern that the
storage building would be visible from Route 250, the applicant agreed to
change the color of the storage building from tan to brown with a charcoal roof.
It is the opinion of the Design Planner that the darker colors would be less
obtrusive in this location. Otherwise, the church is an established use in the
district.
that such use will be in harmony with the purpose and intent of this
ordinance,
Section 18, Chapter 10 of the Zoning Ordinance outlines the purpose of Rural
Areas zoning: "This district (hereafter referred to as RA) is hereby created and
may hereafter be established by amendment of the zoning map for the following
purposes:
-Preservation of agricultural and forestal lands and activities;
-Water supply protection;
-Limited service delivery to the rural areas; and
-Conservation of natural, scenic, and historic resources."
Lebanon Presbyterian Church is an established component of the Greenwood
Community. The church buildings, parking, and access would not be changed.
The addition of a storage building on the rear of the property would not conflict
with the intent of the RA District.
with uses permitted by right in the district,
The church currently exists within the context of by-right uses and the proposed
storage building would not otherwise affect the uses permitted by right in the
RA District,
with the additional regulations provided in section 5.0 of this ordinance,
There are no additional regulations in section 5.0 of the ordinance that govern
churches.
and with the public health, safety and general welfare.
The Virginia Department of Transportation and the Health Department have
reviewed this application and have not offered any concerns or
.
recommendations. No changes to the access have been proposed or will be
required.
SUMMARY:
Staff has identified the following factors favorable to this application:
1. The special use permit will bring the non-conforming church into
conformance with the zoning ordinance.
2. The proposed storage building will be located in an area of the property that will
not affect the existing historic church and would be constructed using colors that
will be less visible from Route 250.
Staff has not identified any factors unfavorable to this application:
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends
1. Special Use Permit SP 2008-07 Lebanon Presbyterian Church shall be
developed in general accord with the concept application plan, provided by the
applicant and received February 11, 2008 (Attachment A.) However, the
Zoning Administrator may approve revisions to the concept application plan to
allow conformance with the Zoning Ordinance.
2. The color of the storage building shall be brown and the roof color shall be
charcoal, as agreed by the applicant.
.
3. There shall be no day care center or private school on site without prior
approval of a separate special use permit.
4. There shall not be an increase in the sanctuary without prior approval of an
amendment to this special use permit.
5. All outdoor lighting shall be arranged or shielded to reflect light away
from the abutting properties.
ATTACHMENTS
Attachment A -
Attachment B -
Attachment C -
Attachment D -
Concept application plan
Photograph of storage building
Photographs of site
Location Map
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ORDINANCE NO. 08-18(4)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS,
ARTICLE II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE CODE
OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article I, General Provisions, Article II, Basic Regulations, and Article III, District Regulations,
of the Code of the County of Albemarle is amended and reordained as follows:
By Amending:
Sec. 3.1
Sec. 4.11.3
Sec. 4.11.3.1
Sec. 4.11.3.2
Sec. 14.3
Sec. 15.3
Sec. 16.3
Sec. 17.3
Sec. 18.3
Definitions
Reduction of building separation and side yards
Untitled
Untitled
Area and bulk regulations
Area and bulk regulations
Area and bulk regulations
Area and bulk regulations
Area and bulk regulations
By Repealing:
Sec. 4.11.3.3 Untitled
Article I. General Provisions
Sec. 3.1 Definitions
Zero lot line. The term "zero lot line" means the location of a detached dwelling unit or portion thereof
on a lot in such a manner that one of the sides of the dwelling unit rests less than the distance to the
side lot line otherwise required in the district and may rest directly on that side lot line.
Zero lot line development. The term "zero lot line development" means a subdivision reviewed and
approved by the county as a single-family detached residential or mixed use development that uses
zero lot lines, and in which a minimum separation of ten feet between detached dwelling units is
maintained.
Article II. Basic Regulations
Sec. 4.11.3 Reduction of building separation and side yards (Added 1-1-83)
The minimum building separation and side yards for primary structures may be reduced in
accordance with the applicable district regulations as follows:
A. Reductions for structures not within zero lot line developments; with adequate fire
flows or which are constructed in accordance with the building code. The minimum building
separation or side yards for primary structures may be reduced if the structure is not located within a
zero lot line development, but is located in an area where available fire flows are adequate under
Insurance Service Offices standards to allow the reduction. Each primary structure for which the
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minimum building separation or side yard has been reduced as provided in this subsection shall be
subject to the following:
1. In the case of a side yard reduction, the Albemarle County fire official may
require a guarantee as deemed necessary to insure compliance with the provisions of this section,
and this guarantee may include, but not be limited to, appropriate deed restrictions, disclosure, and
other such instruments, which shall be of a substance and be in a form approved by the fire official
and the county attorney, and shall be recorded in the records of the circuit court of the county;
2. No structure shall encroach within any emergency accessway required by the
Albemarle County fire official;
3. Unless constructed to a common wall, no structure shall be located closer than
six (6) feet to any lot line; and
4. No structure shall encroach on any utility, drainage or other easement, nor on
any feature required by this chapter or other applicable law.
B. Reductions for dwelling units within zero lot line developments. The minimum building
separation or side yards for detached dwelling units may be reduced to zero (0) feet on one side for
each dwelling unit located within a zero lot line development if the structure is located in an area
where available fire flows are adequate under Insurance Service Offices standards to allow the
reduction. Each zero lot line development shall be subject to the following:
1. The subdivider shall submit with the final subdivision plat a lot development
plan showing all the lots in the zero lot line development and delineating the location of each zero lot
line dwelling unit;
2. The subdivider shall establish a perpetual wall maintenance easement on the
lot abutting the zero lot line side of the dwelling unit so that, with the exception of fences, a minimum
width of ten (10) feet between dwelling units shall be kept clear of structures in perpetuity. This
easement shall be shown on the final plat, shall be of a substance and be in a form approved by the
director of community development and the county attorney, shall be recorded in the records of the
circuit court of the county with the approved final subdivision plat, and shall be incorporated by
reference in each deed transferring title to each lot that is a dominant and servient estate; and.
3. Building footings may penetrate the easement on the adjacent lot to a
maximum distance of eight (8) inches.
Article III. District Regulations
Sec. 14.3 Area and bulk regulations
Area and bulk regulations within the R-2, Residential, district are as follows:
STANDARD LEVEL BONUS LEVEL
CONVENTIONAL CLUSTER CONVENTIONAL CLUSTER
REQUIREMENTS DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT
Gross density 2 du/acre 2 du/acre 3 du/acre 3 du/acre
Minimum Lot Size 21,780 sq ft 14,500 sq ft 14,520 sq ft. 9,700 sq ft
Minimum
frontage:
public, private 80 feet 70 feet 70 feet 65 feet
Yards, minimum:
Front 25 feet 25 feet 25 feet 25 feet
Side(a) 10 feet 10 feet 10 feet 10 feet
Rear 20 feet 20 feet 20 feet 20 feet
(a) Minimum side yards may be reduced to not less than ten (10) feet in accordance with section 4.11.3, provided that minimum
side yards may be reduced to zero (0) feet on one side in zero lot line developments in accordance with section 4.11.3 and are
approved under chaoter 14.
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35 feet
35 feet
35 feet
35 feet
Sec. 15.3 Area and bulk regulations (Amended 3-18-81)
Area and bulk regulations within the R-4, Residential, district are as follows:
STANDARD LEVEL BONUS LEVEL
CONVENTIONAL CLUSTER CONVENTIONAL CLUSTER
REQUIREMENTS DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT
Gross density 4 du/acre 4 du/acre 6 du/acre 6 du/acre
Minimum Lot Size (added 7-17-85)
10,890 sq ft N/A 7,260 sq ft. N/A
Yards, minimum:
Front 25 feet 25 feet 25 feet 25 feet
Side(a) 15 feet 15 feet 15 feet 15 feet
Rear 20 feet 20 feet 20 feet 20 feet
(a) Minimum side yards may be reduced to not less than ten (10) feet in accordance with section 4.11.3, provided that minimum
side yards may be reduced to zero (0) feet on one side in zero lot line developments in accordance with section 4.11.3 and are
approved under chapter 14. (Amended 1-1-83)
Maximum
Structure height 35 feet 35 feet 35 feet 35 feet
Sec. 16.3 Area and bulk regulations
Area and bulk regulations within the R-6, Residential, district are as follows:
STANDARD LEVEL BONUS LEVEL
CONVENTIONAL CLUSTER CONVENTIONAL CLUSTER
REQUIREMENTS DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT
Gross density 6 du/acre 6 du/acre 9 du/acre 9du/acre
Minimum Lot Size (Added 7-17-85)
7,260 sq ft N/A 4,840 sq ft. N/A
Yards, minimum:
Front 25 feet 25 feet 25 feet 25 feet
Side(a) 15 feet 15 feet 15 feet 15 feet
Rear 20 feet 20 feet 20 feet 20 feet
(a) Minimum side yards may be reduced to not less than ten (10) feet in accordance with section 4.11.3, provided that minimum
side yards may be reduced to zero (0) feet on one side in zero lot line developments in accordance with section 4.11.3 and are
approved under chapter 14. (Amended 1-1-83)
Maximum
Structure height 35 feet 35 feet 35 feet 35 feet
Sec. 17.3 Area and bulk regulations
Area and bulk regulations within the R-10, Residential, district are as follows:
STANDARD LEVEL BONUS LEVEL
CONVENTIONAL CLUSTER CONVENTIONAL CLUSTER
REQUIREMENTS DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT
Gross density 10 du/acre 10 du/acre 15 du/acre 15du/acre
Minimum Lot Size (Added 7-17-85)
4,356 sq ft N/A 2,904 sq ft. N/A
Yards, minimum:
Front 25 feet 25 feet 25 feet 25 feet
Side(a) 15 feet 15 feet 15 feet 15 feet
Rear 20 feet 20 feet 20 feet 20 feet
(a) Minimum side yards may be reduced to not less than (10) feet in accordance with section 4.11.3, provided that minimum
side yards may be reduced to zero (0) feet on one side in zero lot line developments in accordance with section 4.11.3 and are
apProved under chapter 14.
Maximum
Structure height 65 feet 65 feet 65 feet 65 feet
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Sec. 18.3 Area and bulk regulations
Area and bulk regulations within the R-15, Residential, district are as follows:
STANDARD LEVEL BONUS LEVEL
CONVENTIONAL CLUSTER CONVENTIONAL CLUSTER
REQUIREMENTS DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT
Gross densilV 15 du/acre 15 du/acre 20 du/acre 20 du/acre
Minimum Lot Size (Added 7-17-85)
2,904 sq ft N/A 2,178 sq ft. N/A
Yards, minimum:
Front 25 feet 25 feet 25 feet 25 feet
Side(a) 15 feet 15 feet 15 feet 15 feet
Rear 20 feet 20 feet 20 feet 20 feet
(a) Minimum side yards may be reduced to not less than ten (10) feet in accordance with section 4.11.3, provided that minimum
side yards may be reduced to zero (0) feet on one side in zero lot line developments in accordance with section 4.11.3 and are
approved under chapter 14. (Amended 1-1-83)
Maximum
Structure heioht 65 feet 65 feet 65 feet 65 feet
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance
duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to~, as
recorded below, at a regular meeting held on Jun~.. :\008. .'. _
ice {~lc'~--,
rk, Board of County Supervisors
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Aye
y
y
y
y
y
y
Nay
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ZTA 07-01
Zero side yard setbacks in
Residential Districts R-2 to R15
Recommended Ordinance
· Adds definitions for "zero lot line" and "zero lot line
development".
· Option only available in a "zero lot line development".
· Changes side yard from 10 feet to zero feet, on one side
of the lot only, in R-2, R-4, R-6, R10, and R-15 zoning
districts under certain conditions.
· Proposal must be shown on a subdivision plat that shows
all lots in the zero lot line development and delineating
the location of each unit.
· Buildings must have at least a 10-foot separation.
· A 10-foot maintenance easement must be provided on
the lot abutting the zero lot line side of the dwelling unit.
· Deletes the requirement for a reduction of side yard
setback where structures are within a four-mile radius of
a responding fire station and the reference that buildings
must conform to the Building Code. (Conformity with
the Building Code is already a requirement.)
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Changes to Area and Bulk Tables
HANDAii.C LEVEL BONUS LEVEL
CCNVENTICNAL ':L1)5TEI'. :ONVE:lITrONAL CLU':!E:R
iW:;UII'.E:ME:lITS o EVE LOPME:IIT C,EVEl.CPMi:IIT DE'JELCPMENT C.EVELOPME:NT
Gross limoi I'i 2 du'OCn? 2 d uia.cre 3 do/acre 3 dulacr.
Minimum Lot Siz. 21,illllQft 14.500"1 fl 14,520'" ft. 9.iO)-;Jft
Minimum
frmtlll!lO:
nubU<. nriv ale 80 teet iO teet 70 feet 65[...1
Yaros, minimum:
Fronl 25 WI 25 'eel 25...1 25 E~t
Si<kol" 10 f...1 10leel 10 r",t 10leet
Rear 20 'eet 20teel 20f~t 20t~t
{III Minimum ~itl"VRrd~ I'1IDV M rmuMd tonn' IP~,. thm r.m 110, f~t in RLY'nmAl'lQit\\.ith ~ctinn.4 II 1 rwnvida:i thAI minimum "il1*"
vlll"d,. mil'" hit rwlDa!d In 7I.:tm .0. ~t on ~ Sd in n>1n Int)iN' ~,pln~nh in RO.:nrdln~"'Adth IIIi~di~ .:1.11 :\ Ind ar~ annmv~d
Mnimum
Slru<tLJr. h<i~bt 351."1 351eel 3' ...1 :.\5 ti-t:'t
COURlYARD AND WINDOWS
ORIENTATED TO LIGHT
Illustration
of zero side
yard
concept
~
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rIZOPO'1&~ge L&'Jl>> Nf; serntlCk:
i5'
r--- r ->>'- I --, Illustrations
I I l
I . I J
~ . i showing
~ '-I I- I
I I difference
l ~ J ~
I
l_~. l"!r ___J between
3ThFF F~rOSfS 10' FOP ALL CE:5. DIS~C.TS- applicant's
/tfF U (ANr F120POSt:<; 151 FOI!- R- If J)/S 7l2< GT5 proposal and
/0' Of/. /5' IS [)/57A/-JCE "BErwEE/oIfjuILDI/''iJ'5 staff proposal
MAiNrEf,MCE EASCMF.J.Jr 'PEal{j/leP
(July 2007)
Concerns of PC
i
· Grandfathering provision (Section 4.11.3.3
of existing ordinance) - has been removed
. Impact on fire suppression opportunities -
Fire and Rescue Division has affirmed that
code regulations permit what is being
requested and that the 10' separation I
allows for appropriate fire suppression
measures
3
Recommendation
Staff and the Planning Commission
recommend approval of ZTA 07-01 Zero
Lot Lines, amendment dated May 6, 2008
and provided as Attachment I of the
Board's June 11, 2008 Executive
Summary.
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Ph ne (434) 296-5832
TO:
FROM:
DATE:
RE:
f
COUNTY OF ALBEMARLE
Department of Communit)' Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Fax (434) 972-4012
MEMORANDUM
File
Elaine Echols, AICP, Principal Planner
May 8, 2008
ZTA2007-00001 Zero Lot Line Residence in the R-2 to R-15 Zoning District
Th Albemarle County Planning Commission, at its meeting on April 22, 2008 by a vote of 7:0,
rec mmended approval of the above-noted Zoning Text Amendment to the Board of Supervisors, with a
rec mmendation of approval at a date to be determined.
EESM
ZTA-2007-00001 Zero Lot Line Residences in the R-2 to R-15 Zonina District
Amend Sections 3.1 (Definitions), 4.11.3 (Reduction of building separation and side yards), 4.11.3.1
(Untitled), 4.11.3.2 (Untitled), 4.11.3.3 (Untitled), 14.3 (Area and bulk regulations, 15.3 (Area and bulk
regulations), 16.3 (Area and bulk regulations), 17.3 (Area and bulk regulations), 18.3 (Area and bulk
regulations). This ordinance would amend section 3.1 by defining "zero lot line" and "zero lot line
development); sections 4.11.3, 4.11.3.1, 4.11.3.2 and 4.11.3.3 by revising and adding regulations
allowing reducing the minimum building separation and side yards for structures where there is adequate
fire flow and for dwelling units in zero lot line developments; and sections 14.3, 15.3, 16.3, 17.3 and 18.3
by revising the respective district yard regulations to allow minimum side yards to be reduced to zero feet
on one side in qualifying zero lot line developments. A copy of the full text of the ordinance is on file in
the office of the Clerk of the Board of Supervisors and in the Department of Community Development,
County Office Building, 401 Mcintire Road, Charlottesville, Virginia. (Elaine Echols)
Motion: Mr. Cannon moved, Mr. Strucko seconded to recommend approval of the adoption of the draft
ordinance for ZTA-2007-01, Zero Lot Line Residences in the R-2 to R-15 Zoning District as submitted by
staff with the following caveats and changes:
1. When the ordinance is presented to the Board of Supervisors the Fire Marshal or other expert
official needs to be available to address any concerns with the 10' separation as raised by Mr.
Loach.
2. The staff recommended changes in the language as shown on the screen for sections A and B be
included.
3. Section B2 be removed as unnecessary.
4. Section C be removed since it is inconsistent with the concerns intended to be addressed by the
resolution of intent approved earlier in the evening.
The motion passed by a vote of 7:0.
Mr. Morris said that ZTA-2007-01 would go to the Board of Supervisors with a recommendation for
approval at a date to be determined.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA ITLE: AGENDA DATE:
ZTA-2007- 0001 Zero Lot Line Residences in the R-2 to R- June 11, 2008
15 Zoning istrict
SUBJECTI ROPOSALlREQUEST:
Request to amend the zoning ordinance to allow a
"zero side ard" on one side of a single family lot in
residential oning districts, provided there is a 10
foot buildin separation
ACTION: X
INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: YES
NO
BACKGR UNO:
On April 22 2008, the Planning Commission held a public hearing on the proposed zoning text amendment to allow a
zero side y rd on one side of a lot for single family houses in conventional residential zoning districts. The text
amend men would require a ten foot separation between houses. Because of the length of time that had been
involved in ringing this text amendment forward and because two new Commissioners had joined the Commission,
staff was a ked to provide history on the amendment that was not included in the staff report. The history related to
this amend ent is below:
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Pri r to 1997 the Commission and Board were asked to amend the zoning ordinance to allow for zero lot
lin s; the Board said that the Development Area Initiatives Steering Committee should address the
ap ropriateness of this request.
Ma 2001 Neighborhood Model adopted; more shallow setbacks endorsed.
20 0 - 2002 Various zoninq text amendments reviewed by Planning Commission and Board of Supervisors
including shared driveways in the Development Areas, alleys, and parking.
Se t. 2002 Drafting of subdivision text amendments began.
20 3 Work sessions held with PC on subdivision text amendments.
Fal 2004 Subdivision Text Amendment recommended to BOS for NM features (curb/gutter/sidewalks/street
tre s, interconnections).
BO sent to DISC II in June 2004 because of concerns of developers.
01 C II uncovered that, among other issues, the need for more shallow front setbacks was a major concern
wit new street sections.
No ember 2004 DISC II recommended approval of modified Subdivision Text Amendment.
De ember 2004 DISC II recommended that front setbacks be modified to make NM form easier to achieve
wit new subdivision requirements.
Se t. 2005 Staff brought zoning text amendments for reduced front yards to PC. PC asked staff to bring back
a c mprehensive proposal for front, side and rear yards that also related to EC's.
Oc ober 2005 to January 2007 - staff worked on draft amendments; development review projects took
pri rity.
Ja uary 2007 - An applicant made request for zero lot line for R-6 district.
Ja . 2007 - June 2007 staff continued to work on draft amendments for front, side, rear yards; buffers
be een uses; and setbacks for parking.
Ju e 2007 - Staff brought proposals to PC. Staff described applicant's proposal for 15 feet between
str ctures at zero side yards in R-6 district only. Staff asked if zero lot line could be incorporated into
co rehensive setback work. PC said es.
Jul 2007 - Staff brought full concepts for zero lot line for all residential districts as well as other setbacks to
PC
Au ust 2007 -- Planning positions frozen; development review took priority.
No ember 2007 - PC asked that zero lot lines not wait for rest of setback amendments and that it be
ad nced as soon as possible.
"
. December 4, 2007 - Staff held worksession to finalize discussion on whether 10' separation was acceptable
to PC and to answer other outstanding questions.
. April 22, 2008 - Planning Commission public hearing and action on requested amendment.
At the Planning Commission's public hearing, the Commission recommended approval, but asked for several changes
to the proposed text amendment which are described in the attached action memo (see Attachment II). The most
notable change was to remove recommended Section 4.11.3 (C.) regarding development approved prior to January 1,
1983, which essentially replicates language currently contained in the zoning ordinance. This "grandfathering"
provision is not supported by the Commission and is the subject of a Resolution of Intent to amend another section of
the zoning ordinance. The Commission also asked for input from the Fire and Rescue Division of the County on
whether ten feet of separation between buildings is adequate for fire suppression.
DISCUSSION:
Since the Planning Commission's April 22, 2008 meeting, staff has made the Planning Commission's requested
changes to the ordinance. The Fire and Rescue Division has reiterated that the building code allows this separation
and there are provisions that a contractor would have to show adequate fire flow. A representative will attend the
Board's public hearing to answer any questions.
RECOMMENDATIONS:
Staff and the Planning Commission recommend approval of the attached zoning text amendment (see Attachment I).
ATTACHMENTS:
ATTACHMENT I:
ATTACHMENT II:
ATTACHMENT III:
Proposed Zoning Text Amendment dated May 6, 2008
Planning Commission Action Memo for April 22, 2008
Staff Report dated April 22, 2008
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Draft: 05/06/08
ORDINANCE NO. 08-18( )
AN 0 DINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE
SIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE
TY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning,
Articl I, General Provisions, Article II, Basic Regulations, and Article III, District Regulations, of the Code of
the C unty of Albemarle is amended and reordained as follows:
Sec,31
Sec. 4 11.3
Sec. 4 11.3.1
Sec. 4 11.3.2
Sec. 1 .3
Sec. 1 .3
Sec. 1 .3
Sec. 1 .3
Sec. 1 .3
Sec. 4 11.3.3
Sec. 3 1 Definitions
Definitions
Reduction of building separation and side yards
Untitled
Untitled
Area and bulk regulations
Area and bulk regulations
Area and bulk regulations
Area and bulk regulations
Area and bulk regulations
Untitled
Article I. General Provisions
Article II. Basic Regulations
Sec. 4 11.3 Reduction of building separation and side yards (Added 1-1-83)
applicable district regulations in a particular ease under the following circumstances:
a. Such stnl0tures are located within a four (1) mile radius of a responding fire station and in an
area \vnere ayailable fire flows are adequate by Insurance Service Offices standards to permit
such reduction; or
1
Attachment I 3
Draft: 05/06/08
b. "A.1l s\:ll::h stmctures for ...yhich separatiofl and/or side yards are reduced shall be eOflstructed in
accordance with Table 101 Fire Resistance Ratiflgs of Structure Elements of the BOCA Basic
Buildiflg Code 1981 Edition; or its eql:livaleflt in the curreflt editiofl of BOC^. Basic Building
Code; or (Amended 10 15 86)
c. In the case of yard redl:lctiofl, the "^.lbemarle County fire official may require such gl:larantee as
deemed flecessar)' to insure compliance with the proyisiofls of this section inclusive but not
limited to deed restriction, disclosl:lre, and other such instrumeflts and the recordation of the
same ifl the office ofthe clerk o[the circuit court of the county. (Added I 1 83)
1.11.3 .2In the case of reductiofl as provided in sectiofl 1.11 .3.1, the follov:ing additional regulations shall apply:
a. No such stmctl:lre shall eflcroac\:1 on any emergenc;y access\vay as may be required by t\:1e
Albemarle COl:lnty fire official;
b. Unless constrl:lcted to a common wall, no suc\:1 stmcttire shall be located closer than she (6) feet
to any lot line;
e. No suc\:1 structl:lre shall encroac\:1 on any utility, draiFlage or other easement, nor on any feature
required by this ordinance or other applicable law. (Added 1 1 83)
4,11.3.3 De'/elopment approved prior to the effecti':e date of this sectiofl shall be exempt from section 1,11.3 .1
and shall comply wit\:1 the side yard and b\:1ilding separation regulations of the zoning ordinance in
effect at the time of Stic\:1 approval. For the purposes of this section, "development approved" shall
mean: any final subdivision plat approved flursuant to Chapter 11 of the Code of /.Ibemarle; any
site development plan apflroved ptir:mant to section 32.0 ofthis ordinance or comparable provision
of prior zoning ordinance; or any planfled development distriet established pursuant to the
provisiofls of this ordinance or prior zoning ordinance. V.dded 1 1 83)
The minimum buildinll senaration and side yards for orimarv structures may be reduced in accordance
with the annlicable district reQ:ulations as follows:
A. Reductions for structures not within zero lot line develovments: with adeauate fire flows or
which are constructed in accordance with the buildinQ' code. The minimum buildinQ: seoaration or side yards for
primary structures may be reduced if the structure is not located within a zero lot line develooment. but is
located in an area where available fire flows are adeQuate under Insurance Service Offices standards to allow the
reduction. Each orimarv structure for which the minimum buildinQ: seoaration or side yard has been reduced as
orovided in this subsection shall be subiect to the followinll:
1. In the case of a side yard reduction. the Albemarle County fire official may reQuire a
Q:uarantee as deemed necessary to insure comnliance with the orovisions of this section. and this Q:uarantee may
include. but not be limited to. anoronriate deed restrictions. disclosure. and other such instruments. which shall
be of a substance and be in a form anoroved bv the fire official and the county attorney. and shall be recorded in
the records ofthe circuit court of the county:
2. No structure shall encroach within any ememencv accesswav reQuired bv the
Albemarle County fire official:
3. Unless constructed to a common wall. no structure shall be located closer than six (6)
feet to any lot line: and
4. No structure shall encroach on any utilitv. drainaQ:e or other easement. nor on any
feature reQuired bv this chanter or other annlicable law.
:~
Attachment I
tJ
Draft: 05/06/08
.
n
Buildinl! footinl!s may oenetrate the easement on the adiacent lot to a maximum
he .
Article III. District Regulations
Sec. 14.3 Area and bulk regulations
!.RK'\ ,'\ND BULK REGUL^.TlONS
.
Area and bulk rel!ulations within the R-2. Residential. district are as follows:
STANDARD LEVEL BONUS LEVEL
CONVENTIONAL CLUSTER CONVENTIONAL CLUSTER
DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT
2 du/acre 2 du/acre 3 du/acre 3 du/acre
21,780 s ft 14,500 s ft 14,520 s ft. 9,700 s ft
80 feet 70 feet 70 feet 65 feet
25 feet 25 feet 25 feet 25 feet
10 feet I 0 feet 10 feet 10 feet
20 feet 20 feet 20 feet 20 feet
35 feet
35 feet
35 feet
35 feet
.3 Area and bulk regulations (Amended 3-18-81)
ARE!. AND BULK REGUL^.TIONS
Area and bulk rel!ulations within the R-4. Residential. district are as follows:
.
STANDARD LEVEL
CONVENTIONAL CLUSTER
DEVELOPMENT DEVELOPMENT
4 du/acre 4 du/acre
(added 7-17-85)
10,890 s ft N/A
BONUS LEVEL
CONVENTIONAL CLUSTER
DEVELOPMENT DEVELOPMENT
6 du/acre 6 du/acre
7,260 s ft.
N/A
3
Attachment I 5
Draft: 05/06/08
Front 25 feet 25 feet 25 feet 25 feet
S ide(') 15 feet 15 feet 15 feet 15 feet
Rear 20 feet 20 feet 20 feet 20 feet
(a) Minimum side yards sftaIl ~ be reduced to not less than ten (10) feet in accordance with section 4.11.3 oroyided that minimum
side yards may be reduced to zero (0) feet on one side in zero lot line deyelonments in accordance with section 4 11 3 and are
r r ~h~nlpr 14. (Amended 1-1-83)
Maximum
Structure height 35 feet 35 feet 35 feet 35 feet
Sec. 16.3 Area and bulk regulations
ARK'\. ,^.ND BULK REGUL'\. TIm'IS
Area and bulk rel!ulations within the R-6. Residential. district are as follows:
STANDARD LEVEL BONUS LEVEL
CONVENTIONAL CLUSTER CONVENTIONAL CLUSTER
REQUIREMENTS DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT
Gross density 6 dulacre 6 dulacre 9 du/acre 9du/acre
Minimum Lot Size (Added 7-17-85)
7,260 sa fi N/A 4,840 sq fi. N/A
Yards, minimum:
Front 25 feet 25 feet 25 feet 25 feet
Side(') 15 feet 15 feet 15 feet 15 feet
Rear 20 feet 20 feet 20 feet 20 feet
(a) Minimum side yards sftaIl ~ be reduced to not less than ten (10) feet in accordance with section 4.11.3 oroyided that minimum
side yards may be reduced to zero (0) feet on one side in zero lot line deyelooments in accordance with section 4 11 3 and are
n__rn"prl ,mrlpr ~h~nlpr 14. (Amended 1-1-83)
Maximum
Structure height 35 feet 35 feet 35 feet 3 5 feet
Sec. 17.3 Area and bulk regulations
ARE,^. ,^.ND BULK REGUL^. TIONS
Area and bulk rel!ulations within the R-I O. Residential. district are as follows:
STANDARD LEVEL BONUS LEVEL
CONVENTIONAL CLUSTER CONVENTIONAL CLUSTER
REQUIREMENTS DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT
Gross density 10 dulacre 10 du/acre 15 du/acre 15du/acre
Minimum Lot Size (Added 7-17-85)
4,356 sq ft N/A 2,904 sq fi. N/A
Yards, minimum:
Front 25 feet 25 feet 25 feet 25 feet
Side(') 15 feet 15 feet 15 feet 15 feet
Rear 20 feet 20 feet 20 feet 20 feet
(a) Minimum side yards sftaIl mID:: be reduced to not less than (10) feet in accordance with section 4.11.3 oroyided that minimum side
yards may be reduced to zero (0) feet on one side in zero lot line deyelooments in accordance with section 4 II 3 and are aonroyed
;;;(f"r~tpr 14.
Maximum
Structure height 65 feet 65 feet 6 5 feet 65 feet
Sec. 18.3 Area and bulk regulations
ARE,^. AND BULK REGULA nONS
Area and bulk rel!ulations within the R-15. Residential. district are as follows:
STANDARD LEVEL BONUS LEVEL
CONVENTIONAL CLUSTER CONVENTIONAL CLUSTER
REQUIREMENTS DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT
Gross density 15 du/acre IS du/acre 20 du/acre 20 du/acre
Minimum Lot Size (Added 7-17-85)
4
Attachment I
LP
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.
2,904 s ft
N/A
2,178 s ft.
N/A
65 feet
Draft: 05/06/08
Yards, inimum:
Front 25 feet 25 feet 2S feet 2S .feet
S ide(a) I S feet 15 feet 1 S feet 1 S feet
Rear 20 feet 20 feet 20 feet 20 feet
(a) Min mum side yards sflaIt ~ be reduced to not less than ten (10) feet in accordance with section 4.11.3 Dfovided that minimum
. ..... .
Clerk, Board of County Supervisors
Aye Nay
5
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopt d by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to _, as recorded
below at a regular meeting held on
Maxim m
S tructu e hei ht
6S feet
6S feet
65 feet
Attachment I
7
Albemarle County Planning Commission
April 22, 2008
The Albemarle County Planning Commission held a meeting and public hearing on Tuesday, April 22,
2008, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second Floor, 401 Mcintire Road,
Charlottesville, Virginia.
Members attending were Marcia Joseph, Bill Edgerton, Eric Strucko, Jon Cannon, Vice-Chairman;
Thomas Loach; Linda Porterfield and Calvin Morris, Chairman. Julia Monteith, AICP, non-voting
representative for the University of Virginia was absent.
Other officials present were Wayne Cilimberg, Planning Director; Elaine Echols, Principal Planner;
Summer Frederick, Senior Planner; Bill Fritz, Chief of Current Development; Megan Yaniglos, Planner;
Jay Schlothauer, Director of Inspections; Mark Graham, Director of Community Development; Glenn
Brooks, County Engineer; Amelia McCulley, Director of Current Development & Zoning and Greg
Kamptner, Deputy County Attorney.
Call to Order and Establish Quorum:
Mr. Morris called the regular meeting to order at 6:00 p.m. and established a quorum.
Other Matters Not Listed on the Agenda from the Public:
Mr. Morris invited comment from the public on other matters not listed on the agenda.
Neil Williamson, with the Free Enterprise Forum, said that there was a matter on the consent agenda
regarding the resolution of intent to amend Section 8.5.5.2 of the zoning ordinance that does not have
time allocated for public comment that he wished to comment on.
Mr. Morris noted that item has been pulled and it is going to be on the regular agenda and public
comment will be taken.
There being no further comments, the meeting moved to the next item.
Review of Board of Supervisors Meeting - April 9, 2008.
Mr. Cilimberg summarized the actions taken by the Board of Supervisors on April 9, 2008.
Consent Agenda:
a. AFD2008-00001 Carter's Bridae Review
The district currently includes approximately 8.906.8 acres in 65 parcels, and is located near
Carter's Bridge and Blenheim. (Scott Clark)
b. AFD2008-00002 Lanark Review
The district currently includes approximately 5,821 acres in 40 parcels, and is located along
Carters Mountain south of Monticello. (Scott Clark)
c. AFD2008-00003 Panorama Review
The district currently includes approximately 272.9 acres in nine parcels, and is located near the
South Fork Rivanna Reservoir. (Scott Clark)
d. AFD2008-00005 Moorman's River Addition
Proposal to add one parcel of 116 acres to the District. (Scott Clark)
e. Approval of Minutes -10-3-06.11-7-06.11-21-06. and 3-18-08
Mr. Morris asked if any Commissioner would like to pull an item from the consent agenda for discussion.
Ms. Porterfield indicated she would not vote on the minutes since she was not on the Commission at the
time of the meetings.
ALBEMARLE COUNTY PLANNING COMMISSION - APRIL 22, 2008
FINAL ACTION MEMO
Attachment II
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otion: Mr. Cannon moved, Mr. Strucko seconded, for approval of the consent agenda.
e motion passed by a vote of 6:0:1. (Ms. Porterfield abstained.)
Item Called Up From the Consent Agenda:
esolution of Intent - to amend section 8.5.5.2 of the Zonin Ordinance (Greg Kamptner)
r. Morris said that this item originally appeared on the consent agenda, but the Commission wanted to
p II it. This is strictly the first step in actually coming up with a resolution of intent. Last week the
ommission requested counsel to take a look at this and draft some language. He thanked Mr. Kamptner
f r being so responsive.
r. Kamptner summarized the proposed amendment.
r. Morris asked if once this is drafted would it come back to the Planning Commission for an open public
h aring.
r. Kamptner replied yes, that the Commission could certainly ask that it come back first for a work
s ssion and it could be farmed out to community development to establish a round table type of
dscussion that they sometimes do with new regulations. Before it is acted on the ordinance has to come
t the Planning Commission for a pUblic hearing and a recommendation before it goes to the Board of
S pervisors.
r. Morris opened the hearing and invited public comment.
eil Williamson, of the Free Enterprise Forum, spoke. He strongly encouraged the Planning Commission
t direct staff to hold round table discussions with folks who in some cases are unaware of the impacts
t is may have on them, how to mitigate those impacts and how to establish vested rights. Also, they need
t have information on what is the actual scope of this amendment. He felt that the best way to move
f rward with this and address the frustration that exists is to involve those that are going to be regulated
a d have a very open conversation.
V lerie Long echoed Mr. Williamson's comments and expressed great interest on behalf of the
d velopment community and a number of clients she represents who have obtained rezoning approvals
f r planned district projects about the significance of this issue and the concern that it has created with
t eir clients who have invested tremendous amounts of money in projects that have obtained zoning
a proval and have spent years and hundreds of thousands of dollars preparing and obtaining zoning
a provals for application plans or master plans for their projects. She knew that there have been cases
t at have been very frustrating. She was present last week at the Clifton Lakes hearing and she
a preciated their frustration about that. There are a handful of those types of projects. She asked that
t ey don't throw the baby out with the bath water. Most of the projects of significant size that have been
a proved in this community are a planned district. She asked that the Planning Commission not make it
t 0 big of a solution when it is a few number of projects that are causing the problem. They would
elcome the opportunity to participate in discussions on behalf of clients that they work with. Their clients
ould as well be interested in participating.
r. Morris reiterated that this will come before the Commission again. He closed the public hearing to
bing the matter before the Commission.
r. Edgerton said that in response to the comments that it would be very healthy to have a handle on the
n mber of projects mentioned that do not fit into this situation because they have been approved under
t e existing ordinance. It is the projects that are being grandfathered back 30 years that he thought they
w re struggling with. He very much would welcome the participation and engagement of the development
c mmunity in this process. He felt that it may be important in an effort to be fair to all to try to get a
h ndle on it by asking the development community to let us know which projects they feel would be
A BEMARLE COUNTY PLANNING COMMISSION - APRIL 22, 2008 2
F NAL ACTION MEMO
~
unfairly treated under what is being proposed. In the project reviewed last week there has been no effort
in 30 years to vest any rights. As Mr. Kamptner noted under state law it would not qualify for any vesting.
They are trying to address a glaring loophole in the ordinance that goes back to stale zoning that does not
exist any more. Certainly they need to hear about the ones that may feel that they are being challenged
by this.
Motion: Mr. Edgerton moved, Mr. Strucko seconded to approve the resolution of intent to amend section
8.5.5,2 of the zoning ordinance.
The motion passed by a vote of 7:0.
Mr. Morris said that the Commission looks forward to this item coming back.
Public Hearing Items:
ez.r.f{~6O:~00001;Zero:\L.ot'''tine~Residences.. in'the>'R~2to;R:1:5;Z6rifrid'Disl~i'd:"
Amend Sections 3.1 (DefinitiO'ris),4.1l:'3 (Reduction of building separation and side yards), 4.11.3.1
(Untitled), 4.11.3.2 (Untitled), 4.11.3.3 (Untitled), 14.3 (Area and bulk regulations, 15.3 (Area and bulk
regulations), 16.3 (Area and bulk regulations), 17.3 (Area and bulk regulations), 18.3 (Area and bulk
regulations). This ordinance would amend section 3.1 by defining "zero lot line" and "zero lot line
development); sections 4.11.3, 4.11.3.1, 4.11.3.2 and 4.11.3.3 by revising and adding regulations
allowing reducing the minimum building separation and side yards for structures where there is adequate
fire flow and for dwelling units in zero lot line developments; and sections 14.3, 15.3, 16.3, 17.3 and 18.3
by revising the respective district yard regulations to allow minimum side yards to be reduced to zero feet
on one side in qualifying zero lot line developments. A copy of the full text of the ordinance is on file in
the office of the Clerk of the Board of Supervisors and in the Department of Community Development,
County Office Building, 401 Mcintire Road, Charlottesville, Virginia. (Elaine Echols)
Motion: Mr. Cannon moved, Mr. Strucko seconded to recommend approval of the adoption of the draft
ordinance for ZT A-2007 -01, Zero Lot Line Residences in the R-2 to R-15 Zoning District as submitted by
staff with the following caveats and changes:
1. When the ordinance is presented to the Board of Supervisors the Fire Marshal or other expert
official needs to be available to address any concerns with the 10' separation as raised by Mr.
Loach.
2. The staff recommended changes in the language as shown on the screen for sections A and B be
included.
3. Section B2 be removed as unnecessary.
4. Section C be removed since it is inconsistent with the concerns intended to be addressed by the
resolution of intent approved earlier in the evening.
The motion passed by a vote of 7:0.
Mr. Morris said that ZTA-2007-01 would go to the Board of Supervisors with a recommendation for
approval at a date to be determined.
The Planning Commission took a break at 7:12 p.m.
The meeting reconvened at 7:18 p.m.
SP-2007 -00054 SaCA-AII Weather Synthetic Field-Belvedere (Si!:m # 16 & 49)
PROPOSED: Soccer Field and associated parking and spectator seating adjacent to Belvedere and
accessory building near soccer fields in the floodplain
ZONING CATEGORY/GENERAL USAGE: R-4 (4 units/acre)
ALBEMARLE COUNTY PLANNING COMMISSION - APRIL 22, 2008
FINAL ACTION MEMO
Attachment II
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S CTION: Section 15.2.2.4 of the Zoning Ordinance which allows athletic facilities for fill in the R4
D strict
C MPREHENSIVE PLAN LAND USE/DENSITY: Neighborhood Density Residential - residential (3-6
u its/acre) and supporting uses such as religious institutions and schools and other small-scale non-
r sidential uses in Neighborhood 2
E TRANCE CORRIDOR: No
L CATION: At the northern end of Belvedere Drive off of East Rio Road
T MAP/PARCEL: Portion of 62A3-1 and 62-2A
AGISTERIAL DISTRICT: Rivanna
( laine Echols, Summer Frederick)
AND
S -2007-00058 SaCA-Belvedere/Flood Plain Field Si
P OPOSED: Floodplain disturbance for 5 soccer fields
Z NING CATEGORY/GENERAL USAGE: R-4 (4 units/acre) and Neighborhood Model District
(r sidential [3 - 34 units/acre] mixed with commercial, service and industrial uses); FH Flood Hazard
verlay District - agricultural, recreational, and utility location uses which will not pose a danger to life or
p operty in the event of a flood
S CTION: Section 30,3.5.2.2.3 of the Zoning Ordinance which allows for fill in the floodplain
C MPREHENSIVE PLAN LAND USEIDENSITY: Neighborhood Density Residential - residential (3-6
u its/acre) and supporting uses such as religious institutions and schools and other small-scale non-
r sidential uses in Neighborhood 2.
E TRANCE CORRIDOR: No
L CATION: adjacent to south bank of the South Fork Rivanna River at the northern end of Belvedere
Dive which is off of East Rio Road
T MAP/PARCEL: portions of 62-2C, 62A3-1, and 62-2B
AGISTERIAL DISTRICT: Rivanna
( laine Echols, Summer Frederick)
otion on SP-2007-054:
otion: Ms. Cannon moved, Mr. Strucko seconded, for approval of SP-2007-00054, SOCA-AII Weather
S nthetic Field-Belvedere with the following amendments to the staff recommended conditions:
1. The location of the synthetic field shall be in general accord with the conceptual plan
entitled, "Belvedere - SOCA Special Use Permit: All Weather Synthetic Turf Field", and dated
March 28, 2008.
2. Public streets which provide access to the synthetic field and to the parking area shall be
constructed prior to pubIie use of the field.
3, Public streets which provide on-street parking to accommodate parking requirements for the
synthetic field shall be a minimum of 32' in width or other width as may be required by the
County Engineer and approved as a variation by the Director of Planning.
4. Pedestrian access shall be provided from the end of Belvedere Boulevard. to the synthetic field in
accordance with the Albemarle County Design Manual standards for permanent paths.
5. In conjunction with its review and approval of a site plan or subdivision plat that pertains to or
includes TMP 062A30-00-00-00100, the County may require that Belvedere Boulevard be
extended to provide public street access to TMP 06200-00-00-002AO.
A d the following to be covered by additional conditions (language to be finalized before the Board of
S pervisors' meeting):
A BEMARLE COUNTY PLANNING COMMISSION - APRIL 22, 2008
FINAL ACTION MEMO
4
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6. The applicant shall demonstrate as a condition of final site plan approval that the on-site parking
provided for the use, including on-site on-street parking, is adequate for the proposed use.
7. The hours of use for organized activities and events are limited to the time between 8:00 a.m. and
9:30 p.m. (The language to be worked out prior to Board of Supervisors meeting.)
8. A pro-rata contribution to the traffic signal at Belvedere Boulevard and Rio Road, the primary
access to Belvedere, to be worked out before the presentation to the Board of Supervisors.
9. The proposed route of Meadow Creek Parkway (Northern Free State Road) to be designated on
the site plan consistent with the alignment that is shown in the documents.
10. If the use or structure is not commenced by May 14, 2013, this special use permit shall be
deemed abandoned and the authority granted by this permit shall terminated.
Mr. Strucko asked for one clarification on the hours of operation for SOCA sponsored soccer events. He
asked if other type events are being planned for this facility other than SOCA for the synthetic field. He
suggested that the condition be amended to say SOCA sponsored events or broader kinds of events.
Mr. Kamptner noted that SOCA might not be here forever. He suggested that they use language like
organized activities and events or something like that. He would like to work with the zoning administrator
to come up with language so that it is not organization specific.
Mr. Cannon accepted the amendment to the motion, which was seconded by Mr. Strucko.
The motion passed by a vote of 7:0.
Motion on Critical Slopes Waiver:
Ms. Joseph noted that the critical slope was a very small intrusion in this area.
Motion: Ms. Joseph moved, Mr. Cannon seconded, for approval of critical slope waiver for SP-2007-
00054, SOCA-AII Weather Synthetic Field-Belvedere.
The motion passed by a vote of 7:0,
Mr. Morris stated that the critical slope waiver was approved. SP-2007-00054, SOCA-AII Weather
Synthetic Field- Belvedere will go before the Board of Supervisors on May 14 with a recommendation for
approval.
Motion on SP-2007-058:
Motion: Ms. Porterfield moved, Mr. Strucko seconded, for approval of SP-2007-00058, SOCA-
Belvedere/Flood Plain Field with the conditions as recommended by staff.
1. The fill in the floodplain shall be as shown generally on the plan entitled, "Belvedere SOCA Special
Use Permit: Flood Plain Fields" prepared by McKee Carson and last dated March 25, 2008.
2. If required by the Federal Emergency Management Agency (FEMA), the applicant shall obtain a map
revision, letter of revision, or letter of amendment. The County Engineer shall be copied on all
correspondence related to changes to the floodplain.
3. Army Corp of Engineers, Virginia Department of Environmental Quality, and other necessary state
and federal agency approvals must be obtained prior to issuance of grading permits.
4. Natural Resources Manager approval of a stream buffer mitigation plan prior to the issuance of a
grading permit prior to placement of any fill in the floodplain, and County approval an erosion and
sediment control plan prior to the issuance of a grading permit for placement of any fill in the
floodplain.
/
ALBEMARLE COUNTY PLANNING COMMISSION - APRIL 22, 2008
FINAL ACTION MEMO
Attachment II
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5. The 700'-long section of dry-stone wall bounding the inner edge of the floodplain west and northwest
of the proposed flood plain fields as identified in the Phase I Archaeological Survey and
Geoarchaeological Investigation in Two Portions of the Belvedere Development Property, Albemarle
County, Virginia dated February 6, 2008, shall be retained and preserved. The wall shall be clearly
identified and labeled on the plan of development. The 50' at the northern end of the wall may be
disturbed for the proposed road construction as currently illustrated on the plan. The stone that is
disturbed by the road construction shall be used to repair remaining portions of the wall or to extend
the wall at its south end. A plan detailing the proposed re-use of the stone shall be submitted for
review and is subject to the approval of the Director of Planning prior to the commencement of road
construction. Methods for protecting the remaining wall during construction and for preserving the
remaining wall following construction shall be submitted for review and are subject to the approval of
the Director of Planning prior to the commencement of road construction.
6. Additional archaeological testing, as recommended in the Phase I Archaeological Survey and
Geoarchaeologicallnvestigation in Two Portions of the Belvedere Development Property, Albemarle
County, Virginia dated February 6, 2008, shall be conducted to more fully assess the extent of
cultural resources in Area B of the Belvedere project area. Based on the findings of this additional
testing, additional archaeological studies and/or treatments may be required. The additional testing
shall be conducted by a qualified archaeologist who meets the qualifications set forth in the Secretary
of the Interior's Professional Qualification Standards. Additional studies required as a result of the
findings of the testing shall be completed prior to disturbance of the site. Treatments required as a
result of the findings of the testing shall be outlined in a treatment plan that is subject to approval of
the Director of Planning.
T e motion passed by a vote of 7:0.
M . Morris stated that SP-2007-00058, SOCA-Belvedere/Flood Plain Field will go before the Board of
S pervisors on May 14 with a recommendation for approval.
. M . Strucko left the meeting at 8:58 p.m.
e Planning Commission took a break at 8:58 p.m.
.
e meeting reconvened at 9:11 p.m.
Regular Items:
S B-2008-00022 Bellair #5- Prelimina
R quest for preliminary plat approval to create 2 lots on 2.066 acres. The property is zoned R-1
R sidential. The property, described as Tax Map 76C-02 Parcel 5 is located in the Samuel Miller
M gisterial District on Deer Path Road [Route 809] at the intersection with Old Farm Road [Route 846].
T e Comprehensive Plan designates this property as Neighborhood Density in Urban Area 6. (Megan
Y niglos)
M . Edgerton said that he heard staff say loud and clear that all easements have to be shown. If that
n eds to be part of this plat, then it needs to be shown with something more than a magic marker. He
w uld like some assurance that it really has been looked at a little bit more than the critical slopes if there
ar other issues. With that in mind he was going to recommend denial. Mr. McDaniel has given us an
in erpretation how it is against the regulations to have a septic site any closer than 5' to the property line.
It s hard to determine that from the free hand drawing that shows the potential septic site. He asked that
th Commission be provided with some clear engineering on that. He would very much like to have both
M . Crauns here to explain exactly what sort of engineering they have done on this.
M tion: Mr. Edgerton moved, Ms. Joseph seconded, for denial of SUB-2008-00022, Bellair #5
P eliminary as the plat does not comply with the ordinance. It needs to show all of the easements and
cl ar engineering needs to be provided for the potential septic site.
A BEMARLE COUNTY PLANNING COMMISSION - APRIL 22, 2008
FI AL ACTION MEMO
6
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The motion carried by a vote of 6:0. (Mr. Strucko was absent.)
Mr. Kamptner noted for the record that the denial was because the preliminary plat does not meet the
requirements of Section 14-302.a.4 showing the location and dimensions of all private easements.
Ms. Joseph noted that it also included the septic location.
Mr. Morris stated that SUB-2008-00022 Bellair #5 Preliminary was denied.
Work Sessions
Personal Wireless Service Facilities
Presentation and discussion of Albemarle County's Personal Wireless Facilities Policy. (Bill Fritz)
The Planning Commission held a work session to review the Albemarle County Personal Wireless
Facilities Policy. Presentations on the history of the policy and its application were given by staff (Bill
Fritz) and several members of the public (Steve Blaine and Stephen Waller). Staff presented several
questions and asked for the Commission's input. The Commission received public comment and
provided comments and suggestions. Due to the late hour, the Planning Commission requested staff to
set up another work session in another meeting room at an earlier hour to finish the discussion on the
questions and issues presented.
Old Business:
There being no old business, the meeting moved to the next item.
New Business:
There being no new business, the meeting moved to the next item.
Adjournment
With no further items, the meeting adjourned at 10:56 p.m. to the Tuesday, April 29, 2008 meeting at 6:00
p.m. at the County Office Building, Room 241, Second Floor, Auditorium, 401 Mcintire Road,
Charlottesville, Virginia.
V. Wayne Cilimberg, Secretary
(Recorded and transcribed by Sharon C. Taylor, Clerk to Planning Commission & Planning Boards)
ALBEMARLE COUNTY PLANNING COMMISSION - APRIL 22, 2008
FINAL ACTION MEMO
Attachment II )tJ
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STAFF PERSON:
PLANNING COMMISSION PUBLIC HEARING:
Elaine K. Echols, AICP
April 22, 2008
ZT A 07-01: Request for Zero Lot Line for Side Yard Setback (See Attachment A)
ORIGIN: Application was made in January of 2007 by Frank Cox on behalf of
Hunter Craig (Attachment B). The Planning Commission discussed the proposed
amendment on June 12, 2007 (Attachment C) and December 14,
2007(Attachment D). The Commission approved the resolution (Attachment E),
asked the staff to check with the Building Official on two items and asked staff to
proceed with drafting an ordinance amendment.
PROPOSAL: The proposed ordinance amendment would change the side yard
setback requirement from 10 feet to zero feet, on one side of the lot only, in R-2,
R-4, R-6, R10, and R-15 zoning districts under certain conditions. Definitions are
provided for "zero lot line" and "zero lot line development". The zero lot line
option is only available in a "zero lot line development".
Conditions for approval are:
D The proposal must be shown on a subdivision plat that shows all
lots in the zero lot line development and delineating the location of
each unit
D Buildings must have at least a 1 O-foot separation
D A 10-foot maintenance easement must be provided on the lot
abutting the zero lot line side of the dwelling unit
The amendment also deletes the requirement for a reduction of side yard
setback where structures are within a four-mile radius of a responding fire station
and the reference that buildings must conform to the Building Code. (Conformity
with the Building Code is already a requirement.)
PUBLIC PURPOSE TO BE SERVED: The proposal helps to implement the
Neighborhood Model by providing more opportunities for compact development
within the County's designated development areas.
BACKGROUND: After the Neighborhood Model was approved in 2002, the
County began a process of amending the subdivision and zoning ordinances to
help implement the Neighborhood Model and provide more flexibility in designs
to provide greater density in the development areas. Since that time, the
ordinances have been amended to allow for alleys, reduce the amount of
required parking spaces, allow for greater flexibility in how parking spaces are
provided, allow applicanh, to apply for a Neighborhood Model (traditional
neighborhood development type) zoning district designation, require curb, gutter,
sidewalks, and street trees in single-family residential developments in the
development areas, and require interconnections in the development areas.
Attachment III
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1
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County staff had been working with the Commission on modifying front yards,
setbacks, and buffers in all zoning districts but RA and VR. The applicant asked
that the Commission advance this zero lot line proposal ahead of the other
setback changes. Staff and the Commission broadened the zero lot line
proposal to make it available in all districts but RA and VR in the development
areas and simplified the applicant's proposed amendment.
At their December 4,2007 meeting, the Commission asked staff to ask whether
the Building Code would allow for a pool within a 10' side yard. Staff has
ascertained that the are8:would be available for a pool as long as it was fenced.
The Commission also asked staff to modify wording related to wall/fences that
create an atrium.
STAFF COMMENT: In addition to providing the option for zero lot line
development, the attached amendment removed confusing language from the
last draft seen by the Commission that related to walls and fences that create an
atrium. As previously stated, the amendment also deletes the requirement for a
reduction of side yard setback where only where structures are within a four-mile
radius of a responding fire station and the reference to the need for conformity
with the Building Code. The requirement for conformity with the Building Code
exists elsewhere in the County Code and the Building Code covers the
construction elements necessary for building separation of only 10 feet. For
. these reasons, the section of the ordinance being deleted is not necessary.
Staff believes that the proposed amendment reflects all of the changes requested
by the Commission and also meets the needs of the applicant who requested the
zoning text amendment.
Administration I Review Process: This process will not be changed by the
ZTA other than creating an additional side yard setback option that, when
utilized, will have to be measured differently.
Housing Affordability: The proposed changes should not have an impact on
housing affordability except to allow an additional design option to the mix of
designs already available for affordable housing.
Implications to Staffing I Staffing Costs: The addition of the option for zero
lot line development should not increase staff time or costs to applicants. The
proposed change alters the way in which setback measurements take place;
however, it doed not increase the amount of work involved.
STAFF RECOMMENDATION: Staff recommends adoption of the draft
ordinance found in Attachment A.
.
Attachment lIt
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Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Draft Zero Lot Line Ordinance Amendment dated 4-2-08
Application for Zoning Text Amendment
Planning Commission minutes from June 12, 2007
Planning Commission minutes from December 4, 2007
Resolution of Intent December 4, 2007 by the Planning
Commission.
Attachment II I
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I
A bemarle County, Virginia
Zoning Text Amendment
Zoning Text Amendment for Zero lot line Dwellings
Albemarle County Zoning Ordinance
Chapter 18, Section 15, Residential R-4
p ooosed Text Chanl.!es
1. .2.1 By Right
(add)
LF-'-
Detached single family dwellings on zero line lots (permitted by-right l!l. cluster
develooment and bonus level cluster develooment only).
. .
1!.3 Area and Bulk Dimensions
(apd)
f..bl Minimum combined side yards for a Zero Lot Line Dwelling shall be not less than
fifteen f..lSJ_JeeL provided that one side yard shall be reduced to lflSL~no
side yard setback) and that iL total separation of fifteen f.J..2..L feet shall be
maintained between all structures on adJoining lots.
11,& Building Separation
( abd)
(a~d)
There shall be a minimum separation of fifteen 1.J.2Lfeet betvveen adJacent dwellings
located on Zero Lot Line lots
l1:.r!1 Zero Lot Line Dwelling and Lot Development Requirements
L
General: Zero Lot Line develooment orovides an oooortunitv for innovative
---- . I -'0 ,_
architecture and site design for single family residential {detached} housing within the
County's R-4 Zoning District. This form of development shall provide for fL more
affordable ownership housing opportunity ~ well ~ for more efficient utilization of
land. .. The following dwelling and lot requirements shall apply to alt subdivisions that
are olanned for Zero Lot Line develooment:
. .
Th Cox Company
january 11, 2007 · Page 2
Attachment II'
11
Albemarle County, Virginia
Zoning Text Amendment
L
Lot Coverage: _ The total lot coverage permitted for iL dwelling and structures to be
located on a Zero Lot Line lot shall not exceed fifty (50) oercent of the total lot area.
. .
l
Final Subdivision Plat Requirement: Each Zero Lot Line Dwelling shall be located on its
own individual platted lot. _ The .shall indicate the zero lot lines, setbacks, yard
enveloos and easement aoourtenant thereto.
. . .
1:.
Preliminary Plat and Lot Development Plan Requirement: _Each application for a Zero
Lot Line development or subdivision is subJect to preliminary {2i.gLapproval, orovided
that the preliminary {2@.Lis accompanied bx-iLlot development ~for illl/ots f.n...the
subdivision that delineates for each lot the location the Zero Lot Line Dwelling, access
and parking, grading, drainage, utilities, landscaping, and other features as may be
deemed necessary by the Director of Community Development.
2"
Uses Permitted in Side Yard: Patios, pools, garden features and other similar elements
shall be oermitted within the fifteen (75) foot side yard setback area.
. .
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Side Yard Easement: _ No structure, with the exceotion of fences, walls, oatios or
. . -
landscaoing, may be placed within easements located within the fifteen f..12..Lfoot side
yard setback area.
,
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Corner Lots: No dwelling units shall be placed on a zero lot line on a corner lot where
such lot line defines a corresponding public street right of way. _ There shall be iL
minimum fifteen foot side yard on corner lots.
fl.
Allevs: Allevs shall be oermitted in zero lot line develooments.
. .' .
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Openings Prohibited on Building on Zero Lot Line Side: _ The wall of the residential
dwelling unit located on the Zero Lot Line side shall have no windows, doors, air-
conditioning or heating units, or iiII>!-other ~of opening, except as provided herein
below:
f& building atriums or exterior courtyards shall be permitted in the Zero Lot Line
side when the courtyard or atrium is enclosed bx-three f.1Lwalls of the dwelling
unit, and iLsolid wall of ilLleast eight m..Lfeet in height is provided on the Zero
Lot Line. Said wall shall be constructed of the same materials as exterior walls of
the unit.
The Cox Company
January 11,2007 · Page 3
Attachment II'
It)
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AI~emarle County, Virginia
Zoning Text Amendment
.
i12l certain window ~shall be permitted on the Zero Lot Line side provided said
windows are placed at a minimum height of six i.f21Jeet above the finished floor
level of ?l.!1Y-floor adjacent to the wall below the window. _Said windows cannot
be oriented toward private yard areas on the adiacent lot unless opaque
materials are used, and these windows cannot be capable of being opened,
except for clerestory-style windows or skylights.
lip. Maintenance of Building Wall: _ The Zero Lot Line building wall shall be maintained in
its original color, materials and treatment unless otherwise agreed to in writing f2x-the
two affected lot owners.
LI-"- Maintenance Easements: _A perpetual five f5.lJoot easement for building wall access
and maintenance shall be orovided on the lot adiacent to the Zero Lot Line mooertv
. . ,
line. With the exception of walls or fences, this maintenance area shall be keot clear of
structures or other obstructions that would orevent normal reoair and maintenance of
. .
the structure's exterior. The maintenance easement shall be shown on the final
- -- -- ---
subdivision J2.iE.L and shall be incorporated into each deed transferring title !Q. the
property.
. 11.
Roof Overhangs and Roof Drainage: _Roof overhangs may penetrate the maintenance
easement on the adJacent lot to a maximum of eighteen f..ll11Jnches, provided that the
roof shall be so designed that roof storm runoff from the dwelling that is placed on the
lot line is controlled ~down spouts and underground drainage conveyance so as not
to imoact the adiacent orooertv.
. '...
.u Building Footings: _ Building footings for fLZf!ro Lot Line Dwelling may penetrate the
maintenance easement on the adJacent lot a maximum of twelve (72) inches.
1.1 Fencing/Walls: No chain link fence shall be permitted on front. side or rear lot lines.
15. Private Driveways: _Driveways that access garages located on the Zero Lot Line side of
a dwelling shall be a minimum of five (5) feet from the oropert.y line.
LQ Landscaping Plan: A landscaping plan shall be submitted with the preliminary plat and
lot development ~_ This J2/iJJlshall depict all site features, including trees, shrubs,
ground cover, patios, fencing, walls, exterior lighting _and other hardscaoe details for
yards
.
Tht Cox Company
january 711 2007 · Page 4
Attachment II t
ZO
ATTACHMENT C
EXCERPT FROM PLANNING COMMISSION MEETING
JUNE 12, 2007
ZTA2007-00001 Zero Lot Line Residences in the R-4 Zoning District - Request
for a ZTA for zero lot line dwellings in the R-4 Residential Zoning District
Amend the Zoning Ordinance to allow for no side yard on one side of a lot, provided
that at least fifteen (15) feet of separation is provided between adjacent dwellings
located on zero lot line lots. (Elaine Echols)
Ms. Echols summarized the staff report.
. This was a request made in January, 2007. The Cox Company and Steve Blaine
representing Hunter Craig made this request. It was basically to allow for greater
design options using a zero lot line approach. In a zero lot line situation the side
setback is zero on one side only of a lot. The applicant was proposing a 15'
building separation. These two things together would also allow for greater
density. The applicant made his request to move the application more quickly
than the Neighborhood Model ITA is moving. The Commission knows that is not
moving as quickly as they would all like. They have also had a tremendous
amount of development review going on.
. Since the adoption of the Neighborhood Model in 2002, staff has been working
on these zoning text amendments, especially related to setbacks. After the
subdivision zoning text amendments staff brought the Commission some front
setback amendments in 2005. The Commission and ARB had questions. The
Commission said at that time that they wanted a comprehensive amendment
relating to all of the setbacks and wanted to involve the ARB in the setbacks for
the Entrance Corridor. Staff has been working on those, but has come a long
way since that time. Staff will bring the concepts to the public in July to get
some preliminary input on the more comprehensive version of it.
. Staff is talking about residential and commercial and industrial districts and
setbacks, buffers and those kinds of things. The current setback requirements in
all the residential districts are 25' front yard, 15' side yard with a reduction to 10'
where there is certain fire pressures used that can be resolved; 20' rear setback;
5' for accessory structures and a 4' encroachment for porches, eaves and that
can be no closer than 6' to the property line.
. Staff thinks that there could potentially be a 10' separation between buildings
and wants to have a discussion about allowing it in other residential districts.
Staff does not think what the applicant is proposing is a bad idea. Staff likes the
idea. There are many things in the ordinance that they have put together that
staff would also like to use in what they ultimately come up with. It is a matter
of timing. If they pull this one and pursue it by itself staff is worried that it is
going to put some of the other ones behind.
. The current proposal for July that staff is going to be bringing out relating to
residential districts would have a minimum 8' front setback, a maximum 20' front
Attachment III
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ATTACHMENT C
setback except for the Entrance Corridor on urban cross section streets, a
minimum side yard requirement - right now it is 15' with a reduction down to 10'
and staff is talking about taking it even lower; a minimum 15' rear yard
requirement, which would also be down; zero lot lines would be okay; building.
Building separation would need to be 10'. They would be recommending no
encroachments into the side and rear yards because of such a shallow side yard
setback.
· The building envelopes are not buildings. The driveways have to be part of the
lot. Staff presented a power point presentation to show that there is a lot more
opportunity for using the lot in different ways. Obviously, they need a driveway
and would not maximize the whole lot.
· Staff's recommendations include the zero lot line proposals with the
comprehensive amendment packet. To allow staff to get public comments on the
full set of setback amendments they would like to bring those concepts back to
the Commission for confirmation prior to developing ordinance language. Once
the ordinance language is written it is sometimes hard to extract out of there
what the point was because it is difficult with just the words what they are trying
to accomplish. Therefore, they want to be clear on what it is they are trying to
accomplish before they start writing the legal words for it.
· If the Planning Commission wants to move with the applicant's proposed ZTA
though, staff recommends that they adopt a separate resolution of intent. It was
not in their package, but Mr. Kamptner has prepared one for the Commission if
they want to do this one separate. Staff asks that the Commission recognize that
the ZTA will take priority over the other Neighborhood Model text amendments
under development.
Mr. Edgerton asked if staff meant that it would take priority over when the other ZTA
amendments would be considered.
Ms. Echols replied that it was in the terms of the staff time allocated towards the zoning
text amendments. They would have to wait for the rest of the comprehensive things
that the team is working on. This request would go by itself.
Mr. Edgerton asked what kind of time frame they were looking at.
Ms. Echols replied that staff's game plan is to go in July to the public in a round table
fashion. Staff would invite the public, development community and anyone that is
interested in it. They would go over what the bullet points are and get input. If staff has
missed something they want to modify it. If there are differences of opinions staff will
try to pull them together. If not, then staff would bring all of that to the Commission
with what staff thinks should be the proposal and let the Commission say whether they
agree with the bullet points or not and what they think should happen. That would be in
the fall or late August, early September to get that to the Commission. Then staff would
develop it into the ordinance language. Once they get it into the ordinance language
staff wants to know if the Commission wants it to go back out to the public or to go
Attachment III
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A TT ACHMENT C
ahead and take it then. Once it is in the Commission's hands, then they have control
over the timing of it. Staff wants to get it to the Commission as soon as possible, but
also want to use their time wisely and provide as many public input sessions for people
that are interested in it to get it into shape.
Mr. Edgerton said that he heard that it would be some time next winter before it would
be ready for adoption. In the staff report it appeared that staff is working towards going
further than what the applicant is asking for. Frankly, that is more consistent with what
the Commission has asked for in the Neighborhood Model in trying to create a more
urban situation. Is there any reason the applicant could not come in and ask for a
variance from the existing and achieve the same thing? Typically most applicants'
interest would be on a specific piece of property. Legally could they come in and ask for
a variance from the existing ordinance.
Mr. Kamptner replied that they could ask, but the standards for granting a variance are
very restrictive. They would have to show that there is no reasonable use of the
property without the variance.
Mr. Edgerton said that was really not an option.
Mr. Cannon asked if there was any alternative to a variance.
Mr. Kamptner replied that adopting a regulation in the zoning ordinance that allows the
Commission to modify any setback requirement in any zoning district with criteria was
the other alternative.
Mr. Cannon said that would be a complicated effort in its self.
Mr. Kamptner replied that the regulation itself would be simply. It does not require the
analysis as to the appropriateness of zero lot lines on a district wide or a multi-district
wide basis. So they would look at these case by case.
Ms. Joseph asked if there could be simple language added to the ordinance that would
allow that to happen.
Mr. Kamptner noted that it might be simple. Once they get into it they might realize that
they are opening a can of worms. The other way to approach the issue, rather than
having that issue addressed by a regulation that allows zero lot lines, would require the
applicant to come to staff or the Planning Commission to request for a modification of
the setback requirements on a case by case basis. It is the other way to deal with these
kinds of issues aside from variances, which are hard to obtain.
Ms. Joseph asked if it would be standards that would be considered on a case by case
basis.
Mr. Kamptner replied that there would have to be criteria, which he could not tell them
what those would be right now. One would be that it would promote public health,
safety and welfare.
Attachment III
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ATTACHMENT C
Mr. Morris said that they did not enough information at this time on what the fire and
. safety has to say about this.
Ms. Echols said that the Fire and Rescue people look at the Fire Code and Building Code.
The Building Code can accommodate most everything because it is all about fire ratings.
In many ways it is more about the light and air issue than it is the Building Code. The
Building Code can accommodate a connected wall. It is just that there are different fire
ratings on the different walls. Then they have to ask if they want the Building Code to
regulate what happens on a lot solely or is there more to it like the light and air issues
for which setbacks were initially put into zoning ordinance. She felt that there was more
to it than just the Building Code. There needs to be some separation where they have
single family development and not joined wall. That is her personal opinion, which was
something the Commission would have to wrestle with.
.
.
Mr. Edgerton said that they were in a tricky situation. If there was some way to add
some simple language without requiring an enormous amount of staff time where the
Commission could consider something that is less than what staff is on the way to
proposing would be great.
Ms. Joseph noted that the Commission first saw this in February. In February they talked
about going out and talking to the public. Then in February it came back to the
Commission in a public hearing. At that point the Commission said that they needed to
talk to the people who use this stuff and come back. The fact that the applicant said
that they can't wait any longer that they need to do this plus the fact that the DISC
Committee said that they should start looking at zero lot lines makes here frustrated
now. It is going to take them longer and longer.
Mr. Edgerton said that it was taking forever because of limitation of staff time and the
incredible development pressure. He was trying to figure out if there is a vehicle where
they can respond to an individual applicant in a reasonable way and still not mess up
staff's delivered way of doing this. To 00 it right it has to be delivered. When they have
a suggestion as they do with this one where the applicant is asking for less from where
staff is already going, then he starts saying that there has got to be some reason here.
Ms. Joseph said that they have something to start with here.
Mr. Edgerton said that as Ms. Echols points out if they move this ahead it is going to
slow down the other.
Ms. Joseph suggested that instead of a round table that the Commission have a work
session and invite the public and get their comment at this point on maybe just this
document. At least it is something to start with instead of starting from nowhere. She
just wants to move this along.
Mr. Cilimberg noted that there has to be something prepared for the public. The team
that has been working on this has reached a point where it is virtually ready to go out
and have a discussion with the public and have information that they can see, review
and talk about. If the Commission would like to host that venture they don't have any
opportunity in July because of their schedule. They will end up waiting until August for
something that they could otherwise go and discuss in July, unless the Commission
Attachment III
m
ATTACHMENT C
wants to set up a special meeting in July. By having a public opportunity first staff will
be able to make some adjustments relating to their input before they bring it to the
Commission. He asked if the Commission would like to find a time in July to do that
because their current schedule would not allow it otherwise.
Mr. Edgerton asked that the session be held at 6:00 p.m. on another day of the week
other than Tuesday.
Ms. Joseph invited public comment.
Mike Fenner, representative for Rio Road Holdings, LLC that Mr. Craig set up, said that
they were happy to offer their services to help facilitate implementation of the zero lot
line as proposed. They have passed along comments to staff since January when they
first submitted their request. Obviously, due to the impact on their project that
specifically that they applied for, which is the Stone Water Subdivision off of Rio Road,
that timing is very sensitive. They offer that up as a prototype. They have feedback from
builders in the community that they thought given the narrow lots on a challenging site
they have to work with that would be an effective way to bring about some price points
and demands in the market place. As designers they were struck by that was good
feedback and how could they accommodate it. They thought that this was the most
efficient means of bringing that about. They are seeking help from the County to help
bring about a better plan and better project. They would love to get feedback sooner
than later, but were happy to offer their services. Simply put they think they can bring
about a better project if they have a zero lot line to work with by right. It is a means to
provide more affordable housing opportunities. It is a means of providing more density
in the development areas and provide more efficient of land within the development
areas. They can speak to a lot of big picture issues. They fear that it will be another
year before the County addresses this concern, which could mean a loss of using this
opportunity. They will look at the amount of separation between the buildings.
Jack Quinn, resident in the City, asked if they have considered trees and the wildlife. His
soul rejects packing people together and not having wildlife around. Therefore, he was a
little anxious about what was just talked about. He questioned why staff wanted to put
the buildings so close together at 10'.
There being no further public comment, the Commission discussed the issue and made
the following request.
The Commission asked staff to schedule a date in July to hold a special work session on
the overall amendments on a Thursday evening. The Commission thought that, by
having a special work session for public comment, they might be able to advance the
amendments more quickly.
In summary, the Planning Commission held a work session on ZTA-2007-00001 Zero
Lot Line Residences in the R-4 Zoning District - Request for a ZTA for zero lot line
dwellings in the R-4 Residential Zoning District to consider whether to take up the
applicant's proposal outside of the overall amendment that staff is developing or to
consider the proposal as part of staff's recommended text amendments. The
Commission received input from the applicant, staff and the public. The Commission
Attachment III
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A TT ACHMENT C
discussed the request and decided to consider the applicant's request in the overall
context of the rest of the setback amendments. The Commission asked staff to schedule
a date in July to hold a special work session on the overall amendments on a Thursday
evening. The Commission thought that, by having a special work session for public
comment, they might be able to advance the amendments more quickly.
Attachment III
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A TT ACHMENT D
Excerpt From Planning Commission Draft Minutes of December 4, 2007
Neighborhood Model District Zoning Text Amendment
ZTA-04-02 Amend the Zoning Ordinance to modify setback requirements to support development
in keeping with the Neighborhood Model in the Development Areas. (Elaine Echols)
Ms. Echols presented a power point presentation and summarized the staff report.
There are two zoning text amendments. One was started back in 2004 and then another one that
came this past year for the Zero Lot Line recommendation. Staff reminded the Commission
about the form changes that they were trying to achieve with the Neighborhood Model so that
they would have some images in mind as they talk about these particular changes. Staff
discussed the Zero Lot Line proposal and asked for guidance from the Commission on several
questions.
Is this something that the Planning Commission wants to advance in front of everything else?
It was the consensus of the Planning Commission to request staff to advance the Zero Lot Line
proposal in advance of the total proposed Neighborhood Model Zoning Text Amendment.
Concerning lot coverage, it bothered the Planning Commission to have buildings close to each
other with very little space in between. On a Zero Lot line buildings are going to be close to each
other with very little space in between.
Mr. Cilimberg noted that at the last meeting the Commission decided that 10' separation was
acceptable. What concerned the Commission was when they started getting three story houses
10' apart. Don Franco brought that up, but the Commission hesitated whether they could accept
10' when they might get some large houses that were potentially that close together. What he
heard the Commission saying now was that was okay. If that was what the market demands,
then the Commission is okay with it.
Mr. Cannon agreed. He added that they should not get into regulating lot coverage. That is
another overlay of regulations that would just complicate things, which would go contrary to what
they were trying to do to open things up and let people fill up the space in the growth areas. That
is what this is about.
It was the consensus of the Commission that a 10' separation was acceptable and that lot
coverage"should not be regulated.
Ms. Echols noted that the zoning staff would be quite relieved to know that lot coverage is not
something that they want to be getting into. She was quite relieved as well.
Ms. Joseph pointed out that she talked with Ron Higgins just to find out what they did in the city.
She looked through the City Code and there is no coverage until they get to really dense zoning
of R-15 or R-16. The city is not doing lot coverage.
Mr. Cilimberg noted that in some cases the market is not going to dictate that based on product
type and type of development.
Ms. Echols said that the applicant requested Zero Lot Line just for the R-4 district. Staff thinks
that all residential districts R-2 and above ought to be included in the Zero Lot Line.
It was the consensus of the Planning Commission that all residential districts R-2 and above
ought to be included in the Zero Lot Line.
Attachment III t'1
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A TT ACHMENT D
Should pools be permitted in side yards?
Staff had a hesitation about allowing a pool in a side yard because of the small side yard. In this
much of a compact space does a pool really make sense because the 10' side separation was
not sufficient area for a pool?
After discussion, it was the consensus of the Planning Commission that they would let the
Building Code dictate depending on how much was there. Staff would talk to a building inspector
to see what they have to say about that and whether there is any kind of a conflict.
The proposed ordinance amendment would regulate openings in walls on the zero lot line side at
the building. Staff feels very firmly that the Building Code takes care of that. That is not
something that the zoning staff needs to be getting into. The Planning Commission agreed with
staff on this issue.
The applicant had proposed that they also get into requiring maintenance of building walls.
Again, that is not something that they do right now. Staff would recommend not getting into that
either.
Ms. Joseph noted that there should be some sort of an easement on the adjacent property so that
it could be maintained, and Ms. Echols agreed that there needs to be an easement there.
Ms. Echols said that the applicant's proposal suggested that a building footing could be allowed
on an adjacent lot. That really runs contrary to all of our Building Code requirements.
The Planning Commission was in agreement with staff on this issue.
Ms. Echols said that the applicant's proposal required a landscaping plan. They don't require
landscaping plans. This one is to allow walls on the property to create an atrium.
Ms. Joseph asked if it was necessary to have a landscaping requirement if it is too close.
Mr. Zobrist replied no on zero lot lines. But, if there is a setback they ought to be able to
landscape what is going to be there on the side yard.
Mr. Edgerton pointed out that there were existing neighborhoods that have worked with the
houses being very close with no landscaping.
It was the consensus of the Planning Commission that the zero lot line side setbacks did not
require landscaping.
Ms. Echols said that the last item is walls on the property line to create an atrium. The applicant
had proposed an 8' wall. There would have been an 8' wall on the property line that would be
allowed so that one could create an atrium on the lot.
Mr. Edgerton noted that he had a problem with two walls along the property line. He questioned
how they could word it to encourage one party wall rather than two separate walls.
Ms. Echols replied that they could work with the building inspector on the proposed language.
Mr. Zobrist pointed out that many houses in Latin American have this, which provides a lot of
privacy.
Ms. Echols said that this concludes the guidance that staff needed from the Commission in order
to go to the next step and work with Mr. Kamptner on actually bringing the words to the piece of
paper.
Attachment 111%
A TT ACHMENT D
Ms. Joseph asked Mr. Kamptner when that might be.
Mr. Kamptner replied that at this time it would require repriorization. The day to day activities
currently consumes all of his time. Hopefully, that will change shortly. He could not give them an
estimate. If they give him a reasonable deadline he could work with it barring any emergencies.
Ms. Echols pointed out that the language would have to be drafted and then have it reviewed by
zoning to make sure that it works for them before staff gives it back to the Commission. It is not
something that staff would recommend Mr. Kamptner write and then bring it straight to the
Commission without having zoning review it to make sure that it is workable for them.
Mr. Edgerton noted that it was the Board's prerogative to set the priorities. The most responsible
thing they could do is to suggest to the Board that it is time to make this a priority. He felt that
most of the Commission agrees with that.
Ms. Echols said that there is a resolution of intent in the packet. Ms. Joseph had a question on
whether it was essential for it to be adopted. She deferred to Mr. Kamptner on that one.
Ms. Joseph pointed out that there were two resolutions proposed in the staff report.
Ms. Echols replied that there was the one back in 2004. But, this is a more up-to-date one that is
really getting right at the zero lot line as opposed to all of the other things. The new resolution is
more specific and would be conveyed to the Board of Supervisors.
Ms. Joseph asked Mr. Kamptner if this is something that they can do under the old resolution or
do they need to adopt a new resolution that is specific to the zero lot lines.
Mr. Zobrist suggested that they reaffirm the resolution that they already did by motion.
Ms. Joseph agreed.
Motion: Mr. Zobrist moved, Mr. Strucko seconded, for approval of Attachment D of the staff
report regarding ZTA-2004-02, the Neighborhood Model District Zoning Text Amendment.
The motion passed by a vote of 6:0. (Mr. Morris was absent.)
Ms. Echols asked if the Planning Commission wanted to see the other ones or end now.
Ms. Joseph requested that they focus on the zero lot lines to get that moving down the pike in
order to get approved. Maybe the other stuff could get jumbled in with the other changes
proposed for the Neighborhood Model. She just wants this one to move forward.
Mr. Cilimberg noted that this one was not going to be held. Staff is going to move forward with
the zero lot lines.' Staff has gotten the answers from the Commission tonight. Staff wanted to try
to complete the discussion they started several months ago on the other amendments that they
would like to get in place for the Neighborhood Model generally sometime in the near future. That
was a priority out of the DISC Committee actually. What Ms. Echols could do tonight was finish
up on the non residential Neighborhood Model related amendments if the Commission wants to
do that. That is what Ms. Echols was going to jump into when they went to zero lot lines. Zero lot
lines are done for tonight since staff has gotten their direction.
Ms. Joseph asked if the Commission were ready to jump into the commercial aspect of
Neighborhood Model setbacks.
Attachment IIIZq
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A TT ACHMENT D
Mr. Strucko asked if it would be prudent to consider waiting until January. There will be some
new faces.
The Planning Commission asked that staff wait until January to hold the discussion on the
commercial aspect of the Neighborhood Model setbacks.
In summary, the Planning Commission discussed the proposal and provided input on the
questions posed by staff. The Planning Commission asked that staff focus on the zero lot line
proposal and wait until January to hold the discussion on the commercial aspect of the
Neighborhood Model setbacks.
Motion: Mr. Zobrist moved, Mr. Strucko seconded, for approval of Attachment D of the staff
report. regarding ZT A-2004-02, the Neighborhood Model District Zoning Text Amendment.
The motion passed by a vote of 6:0. (Mr. Morris was absent.)
Attachment III
3J
ATTACHMENT E
RESOLUTION OF INTENT
WHEREAS, setback and yard regulations in the Zoning Ordinance establish the
minimum distances from lot lines and street lines to structures; and
WHEREAS, the Comprehensive Plan was amended in 2001 to incorporate principles of
traditional neighborhood development (the "Neighborhood Model") which, among other things,
encourages the reduction of building setbacks and yards; and
WHEREAS, in order to better achieve the goals and objectives of the Neighborhood
Model and to make it easier for development to achieve the Neighborhood Model form of
development, it is desired to amend the setback and yard regulations for certain residential
zoning districts (R-2, R-4, R-6, R-l 0 and R-15) by reducing the minimum side yard setback and
yard requirements within those districts and making related amendments associated with those
reductions.
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 Zoning Ordinance S S 14, 15, 16, 17
and 18 and any other regulations, including district regulations, of the Zoning Ordinance deemed
appropriate to achieve the purposes described herein.
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.
* * * * *
Attachment III
3\ .
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SP 2008-07 Lebanon Presbyterian Church
Special Use Permit to
allow the construction
of a storage building
and to bring an existing
church and cemetery
into conformance with
the zoning ordinance.
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P~ES8YTER 1
LEBANON
ALBEMARLE COONTY, VA
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Background and Issues
. Historic 1850's church, with later front fa~ade alteration.
. No changes in the parking or size ofthe sanctuary.
. Only change is to add storage building in the rear of the
property.
. Special use permit with conditions will bring the total church
property into conformance with the zoning ordinance.
. Church does not intend to have lights on the exterior of the new
storage building. The standard lighting condition would apply
to the entire church, including the storage building, and would
require a lighting plan for the total church property. The Board
may not want to apply this condition in this case considering the
limited extent of improvements that have necessitated this
special use permit.
Staff and the Planning Commission recommend
approval of SP 2008-07 Lebanon Presbyterian
Church, with conditions
1. Special Use Permit 2008-07 Lebanon Presbyterian Church shall be
developed in general accord with the concept plan, provided by the
applicant and received February 11,2008 (Attachment A). However, the
Zoning Administrator may approve revisions to the concept application
plan to allow conformance with the Zoning Ordinance.
2. The color ofthe storage building shall be brown and the roof shall be
charcoal, as agreed by the applicant.
3. There shall be no day care or private school on site without prior approval
of a separate special use permit
~ '" 4. There shall not be an increase in the sanctuary without prior approval of an
.. amendment to this special use permit.
J~\\)J 5. AllI1lutdoor Iil!htina shall be onlv full cut-off fixtures and shielded to reflect
.0- 11Y 1il!l1't"awav from all abuttinl! properties. A lil!htinl! plan Iimitinl! lil!ht levels
II ~G~ \\~ at all propertv lines to no l!reater than 0.3 foot candles shall be submitted to
the Zoninl! Administrator or their desil!nee for approval.
Should the Board feel that the condition regarding outdoor lighting is excessive
considering the circumstances leading to this special use permit it should
remove condition #5 as part of its action.
I
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Fax 434 972-4012
Fr nk Birdsall, Trustee
17 Birdsall Lane
A on VA 22920
SP2008-00007 Lebanon Evangelical Presbyterian Church
Tax Map 70, Parcels 2; 2A; 3A
The Albemarle County Planning Commission, at its meeting on May 13, 2008, recommended approval of
th above-noted petition to the Board of Supervisors, by a vote of 7:0.
PI ase note that this approval is subject to the following conditions:
1. Special Use Permit SP 2008-07 Lebanon Presbyterian Church shall be developed in
general accord with the concept application plan, provided by the applicant and received
February 11, 2008 (Attachment A) However, the Zoning Administrator may approve
revisions to the concept application plan to allow conformance with the Zoning Ordinance.
2. The color of the storage building shall be brown and the roof color shall be charcoal, as
agreed by the applicant.
3. There shall be no day care center or private school on site without prior approval of a
separate special use permit.
4. There shall not be an increase in the sanctuary without prior approval of an amendment to
this special use permit.
5. All outdoor lighting shall be arranged or shielded to reflect light away from the abutting
properties.
PI ase be advised that the Albemarle County Board of Supervisors will review this petition and receive
pu lic comment at their meeting on July 11, 2008.
If ou should have any questions or comments regarding the above noted action, please do not hesitate to
co tact me at (434) 296-5832.
/!l{!)Jt1XJCil!
Cc Lebanon Presbyterian Church
8312 Brooksville Road
Greenwood VA 22943
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA ITLE:
SP 2008- 7 Lebanon Evangelical Presbyterian
Church
AGENDA DATE:
June 11, 2008
ACTION: x
INFORMATION:
SUBJECT PROPOSAURE UEST:
Bring exist ng church and cemetery into
conformance with the zoning ordinance and
construct ew storage building
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: YES
REVIEWED BY:
Cilimberg
a
DISCUSSI N:
Represent tives of Lebanon Evangelical Church have advised staff that they do not intend to have lights on
the exterio of the new storage building (which has created the need for this special use permit). The
proposed I ghting condition would apply to the entire church, including the storage building. As such, the
condition ould require a lighting plan for the total church property. While staff has included the condition as
requested y the Board, the Board may not want to apply it in this case considering the limited extent of
improvem nts that have necessitated this special use permit.
RECOMM NDATION:
Staff and t e Planning Commission have recommended approval of this special use permit with five
conditions, including an outdoor lighting condition which has been modified since the Planning Commission
public hea ing (as noted below) to reflect the Board's intent. Should the Board feel that the condition
regarding utdoor lighting is excessive considering the circumstances it should remove condition #5 as part of
its action.
.
SP 2008-07
Page 1
Recommended conditions of approval:
1. Special Use Permit SP 2008-07 Lebanon Presbyterian Church shall be developed in general accord
with the concept application plan, provided by the applicant and received February 11, 2008 (Attachment
A.) However, the Zoning Administrator may approve revisions to the concept application plan to
allow conformance with the Zoning Ordinance.
2. The color of the storage building shall be brown and the roof color shall be charcoal, as agreed by the
applicant.
3. There shall be no day care center or private school on site without prior approval of a separate special
use permit.
4. There shall not be an increase in the sanctuary without prior approval of an amendment to this special
use permit.
5.AII 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 all property lines to no greater than 0.3 foot candles
shall be submitted to the Zoning Administrator or their designee for approval.
ATTACHMENTS:
SP 2008-07 Lebanon Presbyterian Church Staff Report
SP 2008-07
Page 2
.
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I
COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: SP 2008-07 Lebanon Evangelical
Presbyterian Church
Planning Commission Public Hearing:
May 13,2008
Owner: Lebanon Presbyterian Church
Acreae:e: 5.75 acres
TMP: 70-2 and TMP 70-2A
Location: North side of Route 250 In the
Greenwood area at 8312 Brooksville Road
Magisterial District: White Hall
RA (Rural Areas): X
Proposal: Bring existing church and cemetery
into conformance with the zoning ordinance and
construct a new storage building
Character of Property: Existing historic church
and cemetery located hilltop overlooking Blue
Ridge Mountains and eastern Albemarle; mostly
lawn with some groves of trees
Factors Favorable:
1. The special use permit wil\ bring the non-
conforming church into conformance with
the zoning ordinance.
2. The proposed storage building wil\ be
located in an area of the property that wil\
not affect the existing historic church and
would be constructed using colors that will
be less visible from Route 250.
Staff: Joan McDowell, Principal Planner
Board of Supervisors Public Hearing:
June 11,2008
Applicant: Lebanon Presbyterian Church
Special Use Permit: Sec. 10.2.2.(35)
Existing Zoning and By-right use:
RA -- Rural Areas: agricultural, forestal, and
fishery uses; residential density (0.5 unit/acre in
development lots)
Conditions: Yes
Requested # of Dwelling Units: NA
Comprehensive Plan Designation: Rural Areas
- preserve and protect agricultural, forestal, open
space, and natural, historic and scenic resources,
residential density (0.5 unit/ acre in development
lots)
Use of Surrounding Properties: This area of
Greenwood includes a mixture of residential lots,
wooded areas, and farmland.
Factors Unfavorable:
None
RECOMMENDATION: Staff recommends approval of this Special Use Permit with conditions.
.
STAFF PERSON: Joan McDowell, Principal Planner
PLANNING COMMISSION: May 13,2008
BOARD OF SUPERVISORS: June II, 2008
PROJECT: SP 2008-07 Lebanon Evangelical Presbyterian Church
Petition: Special Use Permit to bring an existing church into conformance with
the zoning ordinance and to allow the construction of a storage building
ZONING CATEGORY/GENERAL USAGE: RA -- Rural Areas: agricultural,
forestal, and fishery uses; residential density (0.5 unit/acre)
SECTION: 10.2.2 (35) church building and adjunct cemetery
COMPREHENSIVE PLAN LAND USEIDENSITY: Rural Areas - preserve
and protect agricultural, forestal, open space, and natural, historic and scenic
resources/ density (.5 unit/ acre); Entrance Corridor Overlay
ENTRANCE CORRIDOR: Yes
LOCATION: 8312 Brooksville Road; north side of Route 250 West;
approximately .10 mile east of Plank Road; in the Greenwood area
TAX MAP/PARCEL: TMP 70-2; TMP 70-2A; TMP 70-3A
MAGISTERIAL DISTRICT: White Hall
Character of the Area: This area is characterized by rolling terrain containing
farmland, hedgerows, scattered residential, several churches, and forestland.
The property faces a major east-west highway, Route 250, but is accessed from
a side, parallel road, Brooksville Road. Farms of significant historic importance
are located in this area of the County.
.
Specifics of the Proposal: After inquiring about the construction of a storage
building on this site, church leaders were advised that since this c.1850 church
existed prior to the zoning ordinance, a special use permit would be required to
bring the church and the cemetery into conformance with the zoning ordinance,
as well as to allow construction of the new storage building. Expansion of a
non-conforming use is not permitted. The proposed 20' by 31' by 9' high
storage building would be located to the rear of the church. The concept plan
for the existing church, adjacent manse and the proposed storage building is
included as Attachment A. A photograph of the proposed storage building is
included as Attachment B.
Plannin!?: and Zonin!?: History: No previous applications are on file for this
church
Conformity with the Comprehensive Plan: The Comprehensive Plan
designates the subject properties as Rural Areas emphasizing the preservation
and protection of agricultural, forestal, open space, and natural, historic and
scenic resources as land use options. Churches are integral to the historic
context of rural communities.
STAFF COMMENT:
Staff addresses each provision of Section 31.2.4.1 of the Zoning Ordinance:
.
31.2.4.1: Special Use Permits provided for in this ordinance may be issued
upon a finding by the Board of Supervisors that such use will not be of
substantial detriment to adjacent property,
The church has occupied this site since the mid-1800s. This special use permit
would bring the existing church and adjacent cemetery into conformance with
the zoning ordinance and would allow construction of a new storage building
behind the church. The proposed storage building would be visible to the
residential property to the rear of the church. The owners of adjacent properties
have received notification of the application, but they have not contacted staff
with any concerns. As the building is similar to storage buildings in residential
neighborhoods, staff does not anticipate that the surrounding properties would
be adversely affected. The storage building will not increase activities
associated with the church.
that the character of the district will not be changed thereby and
This application has been reviewed by the Architectural Review Board staff, as
it is adjacent to an Entrance Corridor. In response to staffs concern that the
storage building would be visible from Route 250, the applicant agreed to
change the color of the storage building from tan to brown with a charcoal roof.
It is the opinion of the Design Planner that the darker colors would be less
obtrusive in this location. Otherwise, the church is an established use in the
district.
that such use will be in harmony with the purpose and intent of this
ordinance,
Section 18, Chapter 10 of the Zoning Ordinance outlines the purpose of Rural
Areas zoning: "This district (hereafter referred to as RA) is hereby created and
may hereafter be established by amendment of the zoning map for the following
purposes:
-Preservation of agricultural and forestal lands and activities;
-Water supply protection;
-Limited service delivery to the rural areas; and
-Conservation of natural, scenic, and historic resources."
Lebanon Presbyterian Church is an established component of the Greenwood
Community. The church buildings, parking, and access would not be changed.
The addition of a storage building on the rear of the property would not conflict
with the intent of the RA District.
with uses permitted by right in the district,
The church currently exists within the context of by-right uses and the proposed
storage building would not otherwise affect the uses permitted by right in the
RA District.
with the additional regulations provided in section 5.0 of this ordinance,
There are no additional regulations in section 5.0 of the ordinance that govern
churches.
and with the public health, safety and general welfare.
The Virginia Department of Transportation and the Health Department have
reviewed this application and have not offered any concerns or
.
recommendations. No changes to the access have been proposed or will be
required.
SUMMARY:
Staff has identified the following factors favorable to this application:
1. The special use permit will bring the non-conforming church into
conformance with the zoning ordinance.
2. The proposed storage building will be located in an area of the property that will
not affect the existing historic church and would be constructed using colors that
will be less visible from Route 250.
Staff has not identified any factors unfavorable to this application:
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends
1. Special Use Permit SP 2008-07 Lebanon Presbyterian Church shall be
developed in general accord with the concept application plan, provided by the
applicant and received February 11, 2008 (Attachment A.) However, the
Zoning Administrator may approve revisions to the concept application plan to
allow conformance with the Zoning Ordinance.
2. The color of the storage building shall be brown and the roof color shall be
charcoal, as agreed by the applicant.
.
3. There shall be no day care center or private school on site without prior
approval of a separate special use permit.
4. There shall not be an increase in the sanctuary without prior approval of an
amendment to this special use permit.
5. All outdoor lighting shall be arranged or shielded to reflect light away
from the abutting properties.
ATTACHMENTS
Attachment A -
Attachment B -
Attachment C -
Attachment D -
Concept application plan
Photograph of storage building
Photographs of site
Location Map
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ORDINANCE NO. 08-4(1)
N ORDINANCE TO AMEND AND REORDAIN CHAPTER 4, ANIMALS AND FOWL, OF THE
ODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BY ADDING ARTICLE VI, ANIMAL
OISE.
E IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 4,
imals and Fowl, is hereby amended and reordained by adding Article VI, Animal Noise.
CHAPTER 4. ANIMALS AND FOWL
ARTICLE VI. ANIMAL NOISE
S c.4-601. Noise from animals.
It shall be unlawful and shall be a nuisance for an owner or custodian of an animal to harbor or
k ep any animal within the county which frequently or for a continued duration howls, barks or makes
o her excessive, continuous or untimely sounds which unreasonably disturbs the peace and quiet, comfort,
o repose of any person in the county; provided however, this section shall not apply to any animal
1 cated on property zoned Rural Areas District of five (5) acres or more, to any animal in an animal
seIter or commercial kennel as defined in chapter 18 of the zoning ordinance, or to sounds caused by
li estock or poultry. For the purposes of this section, "excessive, continuous or untimely sounds" shall
an any howling, barking or other animal noise which continues for thirty (30) consecutive minutes or
re with no cessation of such sounds for time periods greater than five (5) minutes during the thirty (30)
c nsecutive minutes.
S c. 4-602. Complaints of animal noise.
Notwithstanding section 4-101 of this code, no person shall be charged with a violation of section
4 01 unless the complainant appears before a magistrate and requests a summons to be issued.
H wever, when a violation is committed in the presence of an animal control officer or police officer, he
s all have the authority to initiate all necessary proceedings.
S c. 4-603. Penalty for violation.
A violation of this section shall be punishable as a Class 3 misdemeanor, and any owner or
c stodian of an animal found guilty under this section shall be required to abate the disturbance. Upon a
th rd conviction within twelve (12) months of any offense under this section involving the same animal,
in addition to imposing a fine, the court shall order the animal to be removed from any area of the county
cered by this section. If the owner or custodian of the animal fails to comply with such order within
o (2) weeks, the animal control officer shall seize the animal and offer the animal to the SPCA for
a ption in a home outside of the area of the county covered by this section.
I, lla W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
ad pted by the Board of Supervisors of Albemarle County, Virginia, by a vote offour to two, as recorded
be ow, at a regular meeting held on June 11 , 2008. :JJ.. '
. I (tf/{''lLJr~~
er, oard of County Supervisors
Aye Nay
M . Boyd Y
M . Domer Y
M . Mallek Y
M . Rooker Y
M . Slutzky Y
M . Thomas Y
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Ordinanc Amendment - Chapter 4, Animals and
Fowl - A icle IV, Animal Noise
AGENDA DATE:
June 11, 2008
ACTION: X
INFORMATION:
SUBJEC IPROPOSAL/REQUEST:
Public he ring to consider adoption of ordinance to
regulate nimal noises.
CONSENT AGENDA:
ACTION:
INFORMATION:
STAFF C NTACT(S):
Messrs. uCker, Elliot, Davis, Miller, and Ms. Lyttle
ATTACHMENTS: Yes
REVIEWED BY:
~
UND:
bers have recently received complaints regarding excessive dog barking. Currently the Albemarle County
Code doe not regulate dog barking or other animal noises that disturb the quiet, comfort or repose of any person. The
Board pre iously considered adopting a barking dog ordinance on October 16, 1996. After the public hearing, the Board
unanimou Iy declined to adopt the ordinance and advocated that such complaints be addressed through private civil
actions.
Currently here are three assigned animal control officers for the County and their work schedule provides coverage
Monday t rough Sunday, but no night coverage after 6:00 p.m. All animal related calls for service between 6:00 p.m. and
7:00 a.m. re handled by patrol officers.
The SPC estimates that there are over 30,000 dogs in Albemarle County. The animal control officers handle
approxim tely 3,600 calls for service each year and the types of complaints handled are broad and wide ranging. For
example, he new dangerous dog registry requires animal control officers to closely monitor dogs that have been declared
dangerou by the court. Also, there are an increasing number of complaints involving livestock and farm animals. Animal
control off cers are now being trained in equine investigations, which have proven to be complex and time consuming.
Fifty-four arking dog complaints were taken by the animal control officers in 2006, seventy-one in 2007, and twenty-eight
to date in 008.
On May ,2008 a draft ordinance was presented to the Board, which would amend the Albemarle County Animal
Ordinanc to address animal noises. The Board requested the draft ordinance be set for public hearing on June 11,2008.
STRATE IC PLAN:
Goal 1. E hance the Quality of Life for all Albemarle County Residents.
Goal 4. E ectively Manage the County's Growth and Development.
DISCUSS ON:
The draft rdinance amends the current Albemarle County Animal Ordinance by adding Article IV, Animal Noise, making it
unlawful f r the owner or custodian of an animal to harbor an animal which disturbs the peace and quiet of any person in
the Count through frequent, excessive and untimely sounds. The proposed ordinance would not apply to any animal
located on property zoned Rural Areas District of five acres or more, to any animal in an animal shelter or commercial
kennel, or 0 sounds caused by livestock or poultry. Based upon recommendations by the County's animal control officers,
the draft 0 dinance sets the duration of noise at thirty consecutive minutes in order for the noise to be deemed frequent and
excessive. The definition of continuous sounds for thirty consecutive minutes has been clarified to state that there shall be
no cessati n of such sounds for time periods greater than five minutes during the thirty consecutive minutes.
I
AGENDA TITLE: Ordinance Amendment - Chapter 4, Animals and Fowl - Article IV, Animal Noise
June 11, D008
Page 2
The procE dure for being charged with a violation of the ordinance is simple and direct, allowing the complainant to appear
before thl magistrate and swear out a summons. Other localities, such as Spotsylvania County, Stafford County, and
Prince Wi Iiam County require a more staff intensive process before a person is issued a summons for violating an animal
noise ordihance. These localities require at least two complaints of a noisy animal, with such complaints being made from
persons f om different households. Additionally, the animal control officers in these localities must first investigate the
complaint and provide a warning to the animal owner or custodian before a summons is issued. The proposed ordinance
authorize the complainant to swear out a summons before the magistrate without the involvement of an animal control
officer, wt ich is a more direct process for the complainant to address the disturbance.
The propc sed ordinance provides that the penalty for violation of this ordinance is a class 3 misdemeanor punishable by a
fine of up 0 $500. The punishment in most other localities ranges from a fine of $1 00 to punishment as a class 3 or class
4 misdem~anor. Finally, similar to the City of Charlottesville's ordinance provisions, the draft ordinance provides that a
third offense for the same dog in a one year period requires that the dog be removed from the areas of the County where
the ordinc nce applies or be seized by animal control officers for appropriate disposition.
BUDGET IMPACT:
Staff antic ipates limited additional enforcement by animal control officers under the proposed ordinance and, therefore,
there shojJld not be a significant budget impact.
RECOMIV ENDATIONS:
Staff recommends that the Board adopt the attached ordinance after the public hearing.
ATTACHI~ENTS
A - Draft (~rdinance
..
Draft: May 23, 2008
ORDINANCE NO. 08-4(1)
N ORDINANCE TO AMEND AND REORDAIN CHAPTER 4, ANIMALS AND FOWL, OF THE
C DE OF THE COUNTY OF ALBEMARLE, VIRGINIA BY ADDING ARTICLE VI, ANIMAL
OISE.
IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 4,
imals and Fowl, is hereby amended and reordained by adding Article VI, Animal Noise.
CHAPTER 4. ANIMALS AND FOWL
ARTICLE VI. ANIMAL NOISE
I, lla W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
a opted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to _, as
re orded below, at a regular meeting held on
Clerk, Board of County Supervisors
Aye Nay
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Charlottesville-Albemarle Kennel Club
Legislative Committee of the Charlottesville/ Albemarle Kennel Club
P.O. Box 5725,
Charlottesville, 22905
9 June 2008
Albemarle County Board of Supervisors
401 McIntire Road
Charlottesville, VA 22902
Dear Supervisors:
Dog ordinance issues are complex and often divisive. Albemarle County has always
taken an approach that includes a complete investigation into all aspects related to a
prospective ordinance. Since this proposed noise ordinance has no imminent health or
safety issues, we're asking this action be deferred.
The Charlottesville Albemarle Kennel Club (CAKC) represents dog owners and fanciers
in Albemarle County. As such this club offers a substantial amount of knowledge about
responsible dog ownership and solutions to dog problems in the county. The legislative
committee of CAKC is writing to express our concern over the current proposed
ordinance on dog noise, and to propose solutions to the broader issue of developing
realistic, enforceable animal control laws.
We recognize that with the population growth in our county that there are serious issues
with dog ownership. It is our beliefthat nuisance issues must be addressed in a broad
fashion by focusing on responsible ownership.
The best way to develop a ordinance is to have the Albemarle Board of Supervisors
commission a Task Force, responsible to the board, to present recommendations for a
comprehensive set of rules for pet nuisance and control.
This Task Force, representing the community, would allow an improved process and a
balanced view resulting in an ordinance that supports the entire county. We recommend
action on the proposed ordinance be deferred .to allow a more encompassing community
code.
Sincerely,
Cecilia Hoffman, chair
James Barrett
Marianne Sullivan
Linda King
Patty Worthington
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ennel Club
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Charlottesvllle- Kennel Club
Albemarle
rlottesville/
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Charlottesville-Albemarle Kennel Club
Legislative Committee of the Charlottesville/ Albemarle Kennel Club
P.O. Box 5725,
Charlottesville, 22905
9 June 2008
Proposed framework for a Nuisance ordinance
Nuisances include:
I) Excessive noise,
2) Soiling of public property and of private property not owned or rented by the pet
owner,
3) Odors caused by failure to clean up the dog's resident property.
Noise:
It is a dog's nature to bark at strangers and other dogs and a dog owner's responsibility to
minimize the impact this noise has on the neighborhood. The noise rises to the level of
nuisance when the dog barks, howls, or yelps in a habitual, consistent, or persistent
manner that continually disturbs the peace of the neighborhood.
Soiling:
Soiling occurs when the dog or cat
1) deposits feces on public property, public and private right-of-way, and private
property;
2) sprays or deposits urine on lawns and landscaping that causes damage to grasses,
flowers, shrubs, etc.
,.
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Dangerous dogs
A dangerous dog is one that:
Has previously been classified as at risk and exhibits escalating aggressive
behaviors that result in further complaints;
A dog that, without provocation, inflicts severe injury on a human being;
Repeatedly menaces, maims, or kills domestic animals when off its owner's property; or
Is used to threaten people or domestic pets or is used as a weapon in the
commission of a crime.
Animal control agents should be trained to recognize the difference between a dog
at risk and a dog that is acting as a watchdog or simply alerting strangers to avoid its
territory.
Animal control agencies should investigate claims that dogs are dangerous,
provide due process to owners who are accused of harboring dangerous dogs, and be
authorized to euthanize dog if deemed necessary after due process has been exhausted.
Dogs adjudicated as too dangerous to live in one community should not be shipped to
another jurisdiction. Clear guidelines and procedures should be established to identify
dangerous dogs, and sanctions should be established for owning a dangerous dog. We
recommend the National Animal Interest Alliance (NAIA) Guide to Ordinances as a
resource for creating guidelines dealing with dangerous dogs
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A. Grant Holt
252 Larkspur Way
Charlottesville, VA. 22902
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June 9,2008
ermarle County Board of Supervisors
40 McIntire Road
Ch lortesville, Virginia 22903
I writing to you about your "dog barking" ordinance. I hope you pass an ordinance that has
so e teeth in it (no pun intended). We are constantly annoyed by local dogs barking during
ev ning and nighttime hours. It seems that dogs have more rights than humans!
I ve tried to have their barking stopped but to no avail. When I call the person I think: is the
er. They are never at home.....that is why the dog is barking. If! call the dog catcher he says
an't do anything about it from a practical point of view.
e it seems quite simple. You go and knock on the owner's door. Ifhe isn't home and the dog
is using a nuisance, pick up the dog; take him to the pound and release him back to the owner
wh n he pays of fine of $1 00 to $250 dollars. When you hit him in the pocketbook he pays
art ntion. If the owner is at home issue a ticket (its like a speeding ticket) to $100 to $250.
Ev rybody understands a speeding ticket. Why can't they understand a barking ticket.
Do s are fme but like but like speeders there are rules and regulations. Apparently the county has
do e nothing. It is time you do. Let's get going I am tired of hearing dogs barking, and barking,
an barking and the county doing nothing about it.
Sincerely yours,
A. Grant Holt
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FAX NO. : 434 974 1799
Jun. 09 2008 09:57AM P1
June 8, 2008
DOG BARKING ORDINANCE NEEDED:
Most dog owners in the county where I live are considerate and responsible, and if
needed, quiet their dog/s or take them inside. I thank them for being responsible
and enjoy greeting them and their dog/s as they walk past my house. However, it
only takes one or more inconsiderate owner to allow their dog/s to disturb the peace
for a whole community.
Often dogs are left outside in their yard during the day, where they are free to bark
at the mailman, a squirrel, a neighbor, etc., or when they bear/see people or other
dogs. This can cause a chain reaction of barking by other dogs which can last for
ho'urs. Often it is these owners who then go to work (or shop) leaving their dogs
outside for the day. This means those of us who work at home or want peace and
quiet, must endure the barking while the owners are not even subjected to their own
animal's noise. Occasionally tbe barking continues into the night disturbing the
sleep of others. (Why some owner's do not seem to be aware of their barking dogs at
night? Because they are gone, watching T.V. or playing their radio loudly, leaving
those of us who like to read or listen to quiet music, victims of an injustice).
During the mild weather in the spring or fall, it's nice to open our windows but
often have the noise of barking dogs permeating the inside of our houses - even
when the windows are closed, there is usually no place in the house we can move to
where the barking cannot be heard.
I have been forced out of my house to go out shopping (or out to eat) for relief many
times because of the continued barking of dogls in the neighborhood - or have
turned up my radio several decibels to alleviate the noise from the irritation of the
barking dogs. This seems a perfect example of an injo.stice that needs attention.
Over the 20 years I have lived here, many times the neighborhood has chosen to try
and settle this problem by just talking to the neighbor. Often tbere is a positive
response, but if not then we get together a petition signed by the 'offended'
neighbors (some arc dog owners!), present it, and again request compliance. Most
responded favorably, some did not.
There would have been many Plore complaints to Albemarle County animal control
if its citizen's did not have to 'jump though hoops' to get a fair and just response to
this problem. Tile complainers must face added disruption and conflict in their lives
_ the cost, effort, intimidation, fear of retaliation, and having to go before a
magistrate. Added stresS none of us need! Many dog owners are generally defensive
and easily angered over an issue about their dog and their responsibility. I have
been a dog owner most of my life and understand they are usually considered part
of the family. However, I would encourage the Albemarle County Board of
Supervisors to pass this protective ordinance as it would certainly be a step in the
right direction.
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