HomeMy WebLinkAbout2004-04-14 BOARD OF SUPERVISORS
FINAL
APRIL 14, 2004
6:00 P.M., MEETING ROOM 241
COUNTY OFFICE BUILDING
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Call to Order,
Pledge of Allegiance.
Moment of Silence.
From the Public: Matters Not Listed on the ~genda.
Consent Agenda (on next page).
Adopt FY 2004-05 County Operating Budget and Capital Budget.
Adopt Calendar Year 2004 Tax Rates.
Public hearing to raceNe comments on Albemarle County's Annual Plan for Administering Housing
Choice Vouchers.
SP-2003-082. Old Dominion Equine Associates (Siqns #27&30). Public hearing on a rsquest to
allow equine veterinary practice in accord w/Sec 10.2.2.18 of the Zoning Ord. TM 50 Ps 20C &
20D, contains 1.704 acs. Znd RA & EC. Loc on R~ 231 at intersec of Rt 640. Rivanna Dist.
SP-20~3-084. Dennis Enterprises, Rio Road (Siqn # $5). Public headng on a request to allow
car dealership in accord w/Secs 22,2.2.8 & 30.6.3.2.b of the Zoning Ord. TM 45, Ps 100, 101 &
101B, contains 2.54 acs. Znd C-1 & EC. Loc Rt 631 0Nest Rio Rd), appmx 250 feet E of intersec
of Rio Rd & Berkmar Dr on N side of the street. Rio Dist.
ZMA-2003-11. Rio East Commercial Area (Siqns #10&11), Public hearing on a request to
amend proffers of ZMA-1996-004 to allow veterinary hospital by special use permit. TM 81, Ps
124A part of & 124B part of, contains approx .8456 acs. Znd PDMC. Loc on Rio E Ct (private),
approx.1 miles from intersec of Rio East Ct & Rt 631 (Rio Rd E). (The Comp Plan designates this
pmpe~ as Office Service in Neighborhood 2.) Rio Dist.
SP-2003~8. Rio East Commercial Park {Veterinary Hospital) (Siqn #35, 39), Public hearing on
a reque~ to allow veterinary office & hospital in accord w/~ec 25A.2.2.1 of the Zoning Ord. TM
61 Ps 124A part of & 124B part of, contains approx .8456 acs. Znd PDMC. Loc on Rio E Ct
(private), approx .1 miles from intersec of Rio E Ct & Rt 631 (Rio Rd E). Rio Dist.
Public hearing on the Board of Supervisors' pedodic review of the Eastham Aflricultural &
Forastal District & to consider amending section 3-212, Eastham Agricultural & Forestal District,
of Division 2, Districts. of Article II, Districts of Statewide Significance, of Chapter 3, Agricultural &
Forestat Districts, of the Albemarle County Code. The proposed ordinance would identity T'MP 63-
41A2 as being in the district, would continue the district & set the next district review date deadline
of April 14, 20t4.
Public hearing on the Board of Supe~sors' periodic review of the North Fork Moorman's River
Aclricultural & Forestal District & to consider amending section 3-223, North Fork Moorman's
River Agricultural & Forestal District. of DMsion 2. Districts, of Article II, Districts of Statewide
Significance, of Chapter 3, Agricultural and Forestal Districts, of the Albemarle County Code. The
proposed ordinance would continue the district, set the next district review date deadline of April 14,
2014.
Public hearing on the Board of Supervisors' periodic review of the Pasture Fence Mountain
A,qricultural and Forestal District & consider amending section 3-225, Pasture Fence Mountain
Agr'~cultural and Forestal District, of Division 2, Districts, of Article II, Districts of Statewide
Significance, of Chapter 3, Agricultural & Forestal Districts, of the Albemarle County Co~ The
proposed ordinance would remove TMP 13-4 from the district, would continue~e~istdct ~ set the
next district review date deadline of Apd114. 2014.
North Pointe Update.
From the Board: Matters Not Listed on the Agenda.
Adjourn:
FORAPPROVAL:
5,1
5.2
CONSENT AGENDA
Approva~ of Minutes: November 5 and December 3.2003.
Resolution to accept road(s) in Stony Point Hills Subdivision into the State Secondary System of
Highways.
5.3 SP-2003-083. Southside Church of God Amendment (Si.qn #57). Remove from agenda.
(Application was withdrawn because Zoning Administrator made a determination that a special use
permit not necessary.)
5.4 SP-2003- 087. Mosby Mountain Subdivision Plat Extension (Si,qn #66). Remove from
agenda. (Application was withdrawn because itwas determined special use permit not necessary.)
5.5 Proclamation recognizing may 3 through May 9, 2004 as Historic Preservation Week.
FOR INFORMATION:
5.6 Copy of draft Planning Commission minutes for February 24, 2004.
HE LEAGU~ e
F WOMEN VOTERS
RECEIVED AT BOS MEETING
Date:
Agenda Item #:
C~erk"s !nitials:
April 14, 2004
To the Boa:d of Supetvisom:
[ am bere on behalf of the LWV Natural Resource Commtrree to comment on last Wednesday's Board
meedng concerning Community Development Authorities Because the CD2Ys are formed coder the V'aginia
Water and Waste Authorities Act they have similarities to the KWSA, most notably being a political
subdivision with an appo'mted board of directom We ha the LWV NRC believe that, because we have
followed the RWSA for years, we are in a unique position m evaluate CD~Ys from a citizen's perspective~
Today we are anxious to draw your attentrm m a few points.
I. In the be~nulng of his presentation, the lawyer from blunton and Williams said that he was there m help
you decide how and in what manner you wish m use CD2ts, We believe that it is premature re decide
which CDA you will use. We urge you m first carefully examine whether you mt to use them at all
2. Mr O'Neill went on to say that.the statute under which CD2Ys are created is not well writterh that it has
been the subiect of much disagreement and a contentious lawsuit, and, last but not tesst, ~voIvas an area
of the law that is still evolving. Even the financ/a[ cousultmt with Mr. Ro.,~, had diffexx~aces of opinicm
from Mm O'Neill on key point~ Think about a government entity that is derived from poorly written
statute, created by a s'm~te document that took only an hour m write,and that will have the ability to
control millinns of dollars. It was interesthag that he referred to them as schemes. Bottom li~e is that we
have no long-term performance record on CD2Y~
3. M= O'Neill said that CD~Ys are formed to meet the specific needs of the developer. In other words, these
are quasi-goverranenr agencies designed by the developer for the developer.
4. Who shs on the board of a CDA was briefly discussed. Mr. Dottier asked, 'q~qould a member of the
BOS sit on the Board?" The lawyer replied "that is not a model that I would recommend." The board is
an appointed board. The taxpayers in the district have no elected representanve to go roff they have a
problem. This is not a democratic form of government. It adds an additional layer or barrie~ of
government between the taxpayer and their local elected officials. Additionally, them is nothing in the
statute that prevents the de~eloper or his agent from sitting on the board of the CDA. In fact. the stature
says that the landowners or their agents may constitute the majority of the board.
5. Mm Rooker pointed out that the CDA being proposed for North Pointe is much differem than the ones
being proposed for Hollymeed and 2Abe. marie Place. The one for North Po'mt would pay for things
traditionally paid for by the develope~ $ome~tiraes tradition is a good tbJng.
6. Mr. Rooker also said that he would not be against helping the developer if the County got something in
return, i.e-, ~mpzovemenm on 29N. This commemty and the BOg ~s under pressure to do something
about 29N', However, given our present level of understanding~formLqg mu~iaipal cortxmrious with
appohatedboards of cIkecmrs is premature. Recognize that even though the developer may pay for
improvements on 29N, the County is still left with this qua/i-government agency adding another layer of
government between the raxpeyet and their elected representahfive~ The County is not financially
responsible fur the CDA bug as its birth parent, the County is suql responsible for im operation and
performance_
7. And last but not la,st k is hard enough for citizens to be involved and follow their local government.
This type of decentralization adds an unfathomable level of complexity to local guvemmen~ As citizens
who work hard to understand mad parucipate in oat local govemmens, we at the League do not re~sh
barriers which complicate our efforts and separate us further from elected officials.
IAzbeth A. Palmer, DVM
Chai~, Natural Resources Committee
Charlottesville-Albemarle League of Women Voters
In the County of Albemarle
By resolution of the goverakug body adopted April 14, 2004
The follon~ng Form SR-SA is hereby attached and incorporated as part of the governing body's resolution for changes in the
secondary syst~n of state highway~
Report of Changes in the Secondary System of State Iti~a/ways
project~ubdivision
Stony Point Hills
Type of Change:
Addition
The fuiiowing adclit'to ns to the Secondary System of State Highwa~t~, pursua~ to the statutory provistan or provta~ons cited, are hereby
requested, the right of way for which, including additional easemeffts for drainage as required, is guaranteed:
Reason for Change: Addition. New subdivision street
Pursuant to Code of Virginia Statute: ~33.1-229
Route Number and/or Street Name
Turkey Run, State Route Number 1031
- --D~ ~-r~"n:--~ro~ ................................
~ c Inteme~tion Rt. 784
To: CUI De Sac
A distance of: 0.19 miiss.
Right ot'Wey Record: Fi~ed ~ith the Aiberna~e C~unty C~erk~ ~ue ~n 3~1~1~34~ ~asd Buek1418 Pg.672-673~ with a width ~f
50'
Pag¢l ofl
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the
14th day of April 2004, adopted the following resolution:
RESOLUTION
WHEREAS, the street(s) in Stony Point Hills Subdivision, described on the attached
Additions Form SR-5(A) dated April 14, 2004, fully incorporated herein by reference, is shown on
plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has
advised the Board that the street meet the requirements estabtished by the Subdivision Street
Requirements of the Virginia Department of Transportation
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transportation to add the roads in Stony Point Hills
Subdivision, as described on the attached Additions Form SR-5(A) dated April 14, 2004, to the
secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-
way, as described, exclusive of any necessary easements for cuts, fills and drainage as described
on the recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
Recorded vote:
Moved by: Mr. Rooker
Seconded by: Mr. Bowerman
Yeas: Mr. Rooker, Ms. Thomas, Mr. Wyant, Mr. Bowerman, Mr. Boyd and Mr. Dottier.
Nays: None.
Absent: None.
A Copy Teste:
The road(s) described
are:
1)
Turkey Run (State Route 1031) from the intersection of Route 784 to the cul-de-
sac, as shown on plat recorded 03/18/1994 in the office the Clerk of Circuit Court of
Albemarle County in Deed Book 1418, page 289, with a 50-foot right-of-way width,
for a length of 0.19 mile.
Total Mileage ~ 0.19 mile.
HISTORIC PRESERVATION WEEK
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
historic preservation is an effective tool for managing groxvth, revitalizing
ne~hborhoods, fostering local pride and maintaining community character
while enhancing livability; and
historic prese~ation ~s relevant for communiues across the nation, both
urban and rural, and for Americans of all ages, all walks of life and all ethnic
backgrounds; and
it is important to cdebrate the role of history in our lives and the
con~ibutions made by dedicated individuals in helping to preserve the
tangible aspects of the heritage that has shaped us as a people; and
"New Frontiers xn Preservation" is the theme for National Historic
Preservatmn Week 2004, cosponsored by Albemarle County, the
Commonwealth of Virginia and the National Trust for Historic Preservanon;
NOW, THEREFORE,
I, Lindsay G. Domer, Jr., Chairman, on behalf of the
Albemarle County Board of Supetwisors, do proclaim
May 3 through May 9, 2004
as
Historic Preservation Week,
and call upon the people of Albemarle County to join their
fellow citizens across the United States in recogn/zmg and
participating in this spedal observance.
CHAIRM2hN
ALBEM~MILE BOARD OF COU2NTY SUPERVISORS
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Adoption of the FY 04/05 Operating and Capital Budgets
SUBJECT/PROPOSAL/REQUEST:
Request Board Adoption of the FY 04~05 Operating and
Capital Budge[s
STAFF CONTACT(S):
Mr. Tucker, Ms. White, Mr. Breeden
AGENDA DATE:
April 14, 2004
ACTION: X
CONSENT AGENDA:
ACTION:
ATTACHMENTS: Yes
REVIEWED BY.' '~
INFORMATION:
INFORMATION:
BACKGROUND:
On April 7th, a public hearing was held on the Board of Supervisors' proposed FY 04/05 Operating and Capital Budgets.
DISCUSSION:
FY 04~05 Budget
The FY 04/05 Operating and Capital Budgets total $241,073,047. This amount reflects the County Executive's
Recommended Budget plus changes made during the Board's work sess ohs. The attached reso ut on (Attachment A/
forma y approves the tota proposed expenditures of S241,073,047 for FY 04105. Attachment B detads the adjustments
made to the County Executive's Recommended Budget.
RECOMMENDATION:
If the Board has no additions or deletions, staff requests adoetion of the FY 04/05 Operating and Capital Budgets.
04.049
BUDGET RESOLUTION
BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the budget for the
County for the Fiscal Year beginning July 1, 2004 be approved as follows:
Administration
Judicial
Public Safety
Public Works/General SeNces
Human Development ~including PVCC)
Parks, Recreation, and Cultural
Commun'd~y Development
Re~nds
City/County Revenue Shadng
Capital Improvments Budget
Stormwater Improvements
General Government Debt Senice
Education - Debt Sen~ce
Education - School Operations
Education - Self-Sustaining Funds
Special Revenue Fund Operations
Less: Inter-fund Transfers
Contingency Reserves
TOTAL
FY 04/05 Adopted
$ 8,592, 746
$ 2,914,843
$ 19,479,744
$ 2,961,830
$ 13,102,18~
$ 4,868,994
$ 6,358.648
$ 125.000
$ 8,004,461
$ 27,704,135
$ 400.000
$ 2,247,376
$ 10.844,880
$ 114.453.097
$ 12.829,917
$ 14,841,900
$ (8,911,084)
$ 254.375
$ 241,073,047
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a resolution adopted by the
Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on April 14, 2004.
Board of Supervisors~
~>'~>; ' ....... '~ ...... ~'~Fd ~f Supervisors' F¥'04/05 Operating and Capital Budgets
~.~i~,~%,~..~..~ ............ ~change~s ft0m Rec°mn~ent~ed Budget.
GENERAL FUND EXPENDITURES : , ' ' :
· _. · : . FY 04/05 Recbmmenaed ~ Fy 04i05 ~ropps~d:
B~al~dof~up~r~i~ors Prop'0s~Fi~ndiflg,Ch~bg~s · ' I Budget ~Budget
=,.dministrafion 8,412,191
Web Content Manager 18,212
Compensation Analyst (Local govt. share) 7,415
Loss Control Manager (Local govt. share) 19,125
Public Safety Systems Analyst (6 months) 35,824
Move Fiscal Impact Planner fram Planning Depb to OMB 60,098
Assistant Regis[rat/Contingency 34,801
2% Salery Scale Adjustment 5,079
Subtotal, Administration 8,592,745
Judicial 2,885,536
Commonwealth's At[oraey Salary Adjustments 29,279
2% Salary Scale Adjustment 28
Subtotal, Judicial 2,914,843
Public Safety 18,926,571
Four Addi8onal Police Officers 253,403
Two Fire/Rescue Positions fo~ Northern Stations 117,808
EMS instructor (6 months) 42,363
EMS Supervisor (6 months) 42,363
Fire Station Computer Upgrades/Suppor~ 15,000
Forgive Additional Debt at East Rivanna VFD 41,930
Juvenile Court Assessment Center 933
OAR - Drug Court 24,568
2% Salary Scale Adjustment 14,805
Subtotal, Public Safety 16,479,744
~eneral Services 2,960,636
2% Salary Scale Adjustment 1,194
Subtotal, General Services 2,961,830
-iuman Development & Education 12,694,764
Interpretar Services 15,000
Child Protective Services Investigator 55,991
Mental Health/Substance Abuse Worker 58,564
Employment Specialist- DSS Career Center 43,292
Children, Youth & Family Services 3,728
Jeffemon Area Unitad Transit Network 92,756
Tax Relief for the Elderly & Disabled 125,494
Family Support Program 11,000
2% Salary Scale Adjustment 4,597
Subtotal, Human Development & Education 13,102,186
=arks and Recreation 4,664,183
inmate Community Workforce 54,375
Athletic Field Maintenance Enhancement 52,350
Regional Library - Baseline 63,617
Regional Library - Crozet Branch Support 3,545
Regional Library - Norths[de Cimula8on Support 11,993
Regional Library - Northside Reference Specialist 7,653
Albemarle County Fair 10,000
2% Salary Scale Adjustment 1,278
Subtotal, Parks and Recreation 4,868,994
=ornmunity Development 6,027,947
Zoning Ordinance P]ancer 55,769
Records Manager/Organizational Study ~ 35,000
Planner- Neighborhood Mode~ Implementation 68,487
Piedmont Housing Alliance - Community Development Loan Fund 200,000
MACAA- Clip Program 21,231
TJ Soil & Water Conservation 6,449
Move Fiscal impact Planner from Planning Dept. to OMB -60,098
2% Salary Scale Adjustment 3,863
Subtotal, Community Development 6,358,648
~lon-Departmental
Refunds 125,000
Subtotal, Non-Departmental I 125,000
fOTAL, GENERAl GOVERNMENT OPERATIONS 56,696,828 58,403,990
I~:"~-~ ....... ; ;/'(~hahge$~om Redommended Budget
FY' 04,'u5 Recommended FY 0~ 05 P, roposed,
Increase Transfer from County 1,118,40,~
Subtotal, School Fund Operations 114,453,097
Self-Sustaining Fund Operatmne 12,829,917'
Subtota, School Self-Susta n ng 12,829,917'
:~, , "' ~ . . ,FY..0~li05 Recommended .FY 04:05 Pr~pose. d '~
~A~IT~I"IM~OVEhlE NTS, ~UDG E'r ' B~.,dg~ Buduo~,
.~eneral Government Projects I 15,826,000
Acquisition of Conservation ~acements (from General Fund)r 650,000
Subtotal, General Government Projects 10,476,000
Storm Water Projects 400,000
Subtotal, Storm W~tar Projects 400,000
School Division Projects 11,228,000
Subtotal, School Division Projects 11,228,000
3ebt Service 13,092,256
Subtotal, Debt Service 13,092,256
Gener~[ Fund Transfer 11,000
Subtotal, Family Support 1,010,983
/ehicle Replacement Fund 660,000
Gene[al Fund Transfer 146,600
Subtotal, Vehicle Replacement Fund 806,600
3ther Special Revenue Funds I 13,024,317
Subtotal, Other Special Revenue Funds 13,024,317
Changes from Recommended Budget
· - FY04/05 R~commended FY04/0$:Proposed.
I Board 6f$~perviai)rs PropgS;ed~J~[ihdi. hg Changes I Budget ' j Bud~ef~ ~
7.ity Revenue Sharing I 6,004,461
Subtotal, Revenue Sharing/ 8,004,461
~'apital Improvement & Debt Service Transfers 18,319,050
Increase Transfer to CIP for ACE (General Fund) 650,000
Subtotal, Capital & Debt Transfers 18,g69,050
rransfer for School Operations 75,096,857
increase Transfer to Schools (60% of New Lesal Tax Revenue) 1,118,409
Subtotal, Transfer for School Operations 76,215,266
transfer to Vehicle Replacement Fund 453,918
Vehicles associated with new positions 146,600
Subtotal, Transfer to Vehicle Replacement Fund 600,518
;ontingency Reserves 400,000
Sheriff and Clerk of the Court Compensation Reserve 50.000
Board Reserve Adjustment -195,625
Subtotal, Contingency Reserve 254,375
C LI~'D~.EXECUT~VE S RECOM~IENDED I~ODGET · . ~ '-~158;9711;1~4 ' : :
:Y 0J 35 ROPO~EB OPERAT!N(3 BUDGET EXPENDITURES - GENERAL FUND 162..;47.660
FY C4 05 ADOPTED OPERATtNG BUDGET EXPENDITURES - GENERAL FUi%D
: ..... FY 04'05 Rocomntendod
GbNERAL FUND - REVENUES ~ FUI',bli%G'SOURCES Bu(~3o~..
COUNYY EXECUTIV~-'S RECOM'MENDED BUDGET
One-Time Fund Balances
REVENUE INCREASES
Maintain $0,76 Real Estate Tax Rate 2.033.798
County Fines 16.000
State Revenue ~Social Servicest 51.298
[ state Revenue (Reimbursement for Voting Machines) 15010 ,, 00 70 ~
Federal Revenue ¢Socia[ Services~ 66,125
Federal Revenue (COPS Program,
TOTAL, Revenue & Fund Balance Increases I I 3,476,546
.:, _C.OU N. TY I~XEC UTIVE'S R ECOM.¥.ENB ED EU DG ET f66.07 ~'.'114
FY 3-; ~.5 P~OPOS~b BUD'G'~r -'
I:Y ? :05" DO-TE-'BU-GE- - G-NE--L --N--RE--NU--iJ /~PD D ;r E RAFUD VE ES ............... ; -
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Calendar Year 2004 Tax Levy Resolution
SUBJECTIPROPOSAL/REQUEST:
Request Board Approval of the Calendar Year 2004 Tax
Rates
STAFF CONTACT(S):
Messrs. Tucker, Breeden; Ms. White
BACKGROUND:
AGENDA DATE:
April 14, 2004
ACTION: X
CONSENT AGENDA:
ACTION:
INFORMATION:
INFORMATION:
ATTACHMENTS:
REVIEWED BY:
On April 7, 2004. a public hearing was held on the Board of Supervisors' proposed budget for FY 04/05. A public hearing
also was held on the 2004 calendar year tax rates.
The attached resolution to set the 2004 [ax year or calendar year tax rates must be approved at the April 14. 2004
meeting in order that the printing and mailing of the tax bills can occur in a timely manner.
DISCUSSION:
The attached resolution sets the tax levy for calendar year 2004. The proposed tales are se[ at $0.76/$100 assessed
valuation for real estate, public service and mobile homes for the 2004 tax year and at $4.28/$100 assessed value for the
personal property tax rate, including machinery and tools.
RECOMMENDATION:
Staff recommends approval of the proposed tax rates.
04.048
Og-O4-O4A03:53 RCVD
RESOLUTION
BE IT RESOLVED that the Board of Supervisors of Alpemade County, Virginia, does hereby set the County Levy for the
Calendar Year 2004 for General County purposes at Seventy-Six Cents {$0.76) on every One Hundred Dollars of
assessed value of real estate: at Seventy-Six Cents ($0.76) on every One Hundred Dollars of assessed value of
manufactured homes; at Seventy-Six Cents ($0.76) on every One Hundred Dollars of assessed value of public
service assessments; at Four Dollars and Twenty-Eight Cents ($4.28) on every One Hundred Dollars of assessed
value of personal property; and at Four Dollars and Twenty-Eight Cents {$4.28) on every One Hundred Dollars of
assessed value of machinery and tool~; and
FURTHER orders that the Director of Finance of Albemarle County assess and collect the taxes on all taxable real estate
and all taxable personal property.
1, Ella W. Carey, do hereby cer[ify that the foregoing writing is a true, correct copy of a resolution
adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on April 14, 2004.
Clerk, Boa~l of Sup~sors
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Public Hearing on Albemarle County's Annual Plan for
Administering Housing Choice Vouchers
SUBJECT/PROPOSAL/REQUEST:
Housing Choice Voucher Annual Plan for FY beginmng July
1, 2004
STAFF CONTACT(S):
Tucker, Roxanne White. Ron White
AGENDA DATE:
April14,2004
ACTION: X
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
REVIEWED BY:
BACKGROUND:
INFORMATION:
INFORMATION:
Yes
The U.S. Department of Housing and Urban Development requires each public housing agency to prepare a five-year plan for
administering public housing assistance programs pursuant to Section 511 of the Quality Housing and Work Responsibility Act
of 1998 (QHWRA). Administration of the Housing Choice Vouchers makes Albemarle County subject to this requirement In
addition to completing a five-year plan, an Annual Plan must be submitted each year, A Public Hearing is required prior to Plan
submission.
STRAGEGIC PLAN:
Goal 3.2: Promote a variety of safe, sanitary and affordable housing types.
DISCUSSION:
The Annual Plan provides an outline for the implementation of the Housing Choice Voucher Program including information on
current needs from the Consolidated Plan for the Thomas Jeffemon HOME Consortium, the makeup of the County's existing
waiting list, and the proposed funding avaitabte for activities during the program year. Much of the Plan is developed based on
federal requirements with little or no opportunity for local discretion, We have made some changes ~n previous years with
regard to payment standards and preferences for admission. We are proposing the following changes for the coming year: 1)
Setting a payment standard at 110% for 3-bedroom units. This will allow for greater choice in housing by increasing the
payment standard to $1020 inclusive of utilities; and 2) Changing the structure of the waiting list to a lottery system rather than
time and date. This will ease administrative burden on the office when the waiting list is opened and witl allow applicants to
download applications from our website and mail them into the office rather than standing in line on days applications are
received.
We are also including our intent to utilize up to 15% of authorized vouchers as project-based vouchers. A conditional
commitment of 24 project-based vouchers has been made to Whitewood Village Apartments.
The Plan has been available in the Office on Housing for a 45-day review period. The Housing Committee members have
received a copy of the Plan's Executive Summary and staff recommendations for revisions. At their Apd114 meeting, the'
Committee will discuss the proposed ptan and make a recommendation for Board approval Any comments received during the
public review period and comments received at the public hearing will be included as a part of the finat submission to HUD
along with action taken, or not taken, on the comments.
RECOMMENDATION:
After receiving public comments on the proposed plan. staff recommends approval of the proposed Annual Plan for submission
to HUD. In addition, staff requests that you authorize the County Executive to sign the attached PHA Certification of
Compliance.
04.046
Attachment 1
2004 Annual Plan
COUNTY OF ALBEMARLE
VA036
Statement of Substantial Deviation/Modification to 5-year and Annual Plans
The County of Albemarle's Office of Housing is designated and acts as a Public Housing
Agency for the purpose of administering the Housing Choice Voucher Program. The
Office is responsible for preparing the required 5-year Plan and Annual Plans for
submission to HUD. Recommendations for revision to currently approved plans are
made to a Housing Committee that is appointed by the County Board of Supervisors.
The Housing Committee commems are used in drafting the final proposed plan for public
review and public hearing. The public hearing is held at a Board of Supervisors'
meeting.
The Office defmes any modification as significant if it affects all current voucher holders
and/or applicants on the waiting list. Such modifications would include changes in
paymem standard (ex. Adopting 110% FMR or changing waiting list organization~. Such
changes have been made since the approval of the 5-year plan; however, the changes
were made in conjunction with the approval of Annual Plans.
Every effort is made to implement any changes with the adoption of new plans rather
than make signiftcant changes during an approved plan year. If significant modifications
were necessary during implementation of an approved Plan, the same process would be
used for local approval - review and recommendation by the Housing Committee and
public hearing before the Board of Supervisors.
PROPOSED CHANGE IN 2004 PLAN SUBMISSION
Waiting List
Albemarle County ~s proposing to add applicants to the waiting list using a lottery system
when applications are accepted in the future. All applications will be numbered as
received and matching numbers will be drawn when the waiting list is closed.
Applications will then be separated by preference - one for the local
residency/employment preference and the other for all others.
Attachment 2
2004 Annual Plan
COUNTY OF ALBEMARLE
VA036
Statement of Intent to Designate Project-based Vouchers
Albemarle County proposes To use up to 15% (64 vouchers) of the total authorized 424
vouchers as project-based vouchers ro preserve existing affordable rental units and creme
new affordable rental units. Currently all 424 vouchers are eligible to be project-based.
Project-based vouchers will be considered for projects that address at least one of twvo
strategies: 1) preservation of existing affordable units likely to be lost due to sale,
refinance, and/or opt-out of federal contracts by the owner(s); and, 2) creation of new
affordable rental housing when a nonprofit agency is a partner and has executed a first
right-of-refusal that may be exemised within 15 years or, if a tax credit deal, owner has
agreed to an extended compliance period of 30 years.
Additional criteria may be used to evaluate requests including, but not limited to,
population to be served, services/amenities provided that are appropriate m population to
be served, and likelihood that the project will not be preserved or developed without local
financial support.
The County will develop a process for notification and application for available vouchers.
The process for awarding project-based vouchers will be competitive and/or provide
vouchers to applicants who have received other project funding through a competitive
process.
Standard PHA Plan
PHA Certifications of Compliance
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
PHA Certifications of Compliance with the PHA Plans and Related Regulations:
Board Resolution to Accompany the Standarddnnual, Standard 5-Year/Annual, and
Streamlined 5-Year/Annual PHA Plans
Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHAj listed below, as its Chairman or other
authorized PHA official if there is no Board oJ' Commissioners. I approve the submission of the standard Annua~ __ standard 5 -
Irear/~nnual or __streamlined 5-Y'ear/Annual Pt:fA Plan for the PHA fiscal year beginning , hereinafter referred to as" the
Plan '. oj which this, document is a part and make the following certiJ'ications and agreements with the Deparrment of Housing and
Urban Development {HUD) in connection with the submission of the Plan and impIementation thereoj:
1. The Plan is consistent with the applicable comprehensive housing affordability strategy ~,or any plan incorporating such strategy) for
the judsthction in which the PHA is located.
2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable
Consolidated Plan, whinh includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing Choice,
for the PHA's jurisdiction and a description of the manner in winch the PHA Plan is consistent with the applicable Consolidated Plan·
3. The PI-IA has established a Resident Advisory Board or Boards, the membership of winch represents the residents assisted by the
PHA. consulted wkh this Board or Boards in developing the Plan. and considered the recommendations of the Board or Boards
CFR 903,13 ~, The PHA has included in the Plan snbmissmn a copy of the recommendations made by the Resident Advisory Bo ard or
Boards and a description of the manner in win,th the Plan addresses these recommendations.
4. The PHA made the proposed Plan and ail information relevant to the public hearing available for public inspection at least 45 days
before the hearing, published a notice that a hearing would be held and conducted a hearing m discuss the Plan and invited public
5. The PHA wilt carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964. the Fair Housing Act, section 504 of
the Rehabilitation Act of 1973. and title H of the Americans with Disabilities Act of 1990.
6. The PHA will affirmatively further fair housing by examining their pro,ams or proposed programs, identify any impediments to
fair housing choice within those programs, address those impediments in a reasonable fashion in view of the resources available and
work with local jurisdictions to implement any of the jurisdietion's initiatives to affLrmatively further fair housing that require the
PHA's involvement and maintain records reflecting these analyses and actions·
7. For PHA Plan that includes a policy for site based waiting lists:
· The PI-IA regularly submits required data to HUD's MTCS in an accurate, complete and timely manner ~ as specified ia PIH Notice
99-2);
· The system of site~based waiting lists provides for full disclosure to each applicant in the selection of the development in winch to
reside, including basic information about available sites: and au estimate of the period of time the applicant would likely have to wa/l
to be admitted to units of different sizes and types at each site;
- Adoption of site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending
complaint brought by HUD;
· The PHA shall take reasonable measures to assure that such waiting list is consistent with affirmatively furthering fair housing;
· The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws aha
cettificatiens, as specified in 24 CFR part 903.7( c)(
8. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of
1975·
9. The PHA will comply with the Arcintecturai Barriers Act of 1968 and 24 CFR. Part 41, Policies and
Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped.
10, The PHA will enmply with the requirements of sectinn 3 of the Housing and Urban Development Act of
1968. Employment Opportunities for Low-or Very-Lmv Income Persons, and with its implementing regulation at 24 CFR Part 135·
11. The PHA has submitted with the Plan a certification with regard to a drag free workplace required by 24 CFR. Par~ 24, Subpart F.
12. The PHA has submitted with the Plan a certification with regard to compliance with restrictions on lobbying required by 24 CFR
Part 87. ~ogether with disclosure forms if required by this Part. and with restrictions on payments to influence Fedaral Transactions. in
accordance with the Byrd Amendment and implementing regulations at 49 CFR Part 24,
Page 1 of 2
form HUD-50077,04130/200,5)
13. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 and hrplemenfmg regulations at 49 CFR Part 24 as applicable.
14. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR
5.1051 a~.
15. The PI-IA will provide HUD or the responsible entity any docaraentatinn that the Department needs to carry out its review under
the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58.
16. With respect ;o public housing the PHA will comply with Davis-Bacon or I-IUD deterrrftned wage rate requirements under section
12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act.
17. The PHA will keep records in accordance with 24 CFR 85.20 and faciFttate an effective audit to determine compliance with
program requirements.
18. The PFIA will comply with the Lead-Based Paint Poisoning Prevention Act and 24 CFR Part 35.
19. The PHA will comply with the policies, guidelines, and requirements of OMB Circular No. A-87 (Cost Principles for State. Local
and Indian Tribal Governmanrsl and 24 CFR Part 85 (Administrative Req~ftrements for Grants and Cooperative Agreements to State.
Local and Federally Recognized Indian Tribal Goveromants.).
20. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize
covered grant funds only For activities that are approvable tmder the regulations and included in its Plan.
21. All attachmants to the Plan have been and will continue to be available at ail times and all locations that the PHA Plan is available
for public inspection. All required supporting documents have been made available for public inspecrion along with the Plan and
additional requirements at the primary business office of the PHA and at all other times and locations identified by the Pt-IA in its
PI-IA Plan and will continue to be made available at least at the primary business office of the PHA.
PHA Nme
PHA Number/HA Code
Standard PHA Plan for Fiscal Year: 20 _
Standard Five-Year PHA Plan for Fiscal Years 20 - 20_~ including Annual Plan for FY 20
Streamlined Five-Year PHA Plan for Fiscal Years 20 - 20 , including Annual Plan for FY 20
hereby certify that all the im~ormation stated herein, as well as any information provided ia the accompaniment herewith, is true and accurate. Warnimg: I-IUD will
prosecute thlse claims and statements. Conviction may result th crk~fmal and/or alvil penalties. [ 8 U.S.C. 1001, 10[0, 1012; 31U.S.C. 3729. 3802)
Name of Aalhodzed Ofli¢i, Title
Signature Date
X
Page 2 of 2
form HUD-50077 ~04130/2003,
U.S. Department of Housing and Urban Developmem
Office of Public and Indian Housing
PHA Plans
Annual Plan for Fiscal Year Beginning July 1, 2004
45-day Public Review - March 1, 2004
Housing Committee Review - April 14, 2004
Public Hearing/Board of Supervisors -April 14, 2004
NOTE: TI-lIS PlfA PLANS TEMPLATE (ItUD 50075) IS TO BE COMPLETED IN ACCORDANCE WITH INSTRUCTIONS
LOCATED IN APPLICABLE PIIt NOTICES
HlfD 50075
OMB Approval No: 2577-0226
Expires: 03/31/2002
PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON
MATTERS NOT LISTED ON THE AGENDA
FROM THE PUBLIC FOR APRIL 14, 2004
.The' foll~vihg guidelines.will be' use~l: .... ' ' -" "" ~ - :" ""
~1'5 MINUTES .ARE AL~:0TTED.'FOR.THIS PORTION OF ~H.E AGENDA.! .... .';
-EACH.SPEAKER IS. AI~LOTTED':5 MINUTES:': 'HOWEVER· IF MOR.~ TH,~..3
· · :SPEAKERS SIGN UP..INDIVID. UALSWILL.:DIVIDE:THE :15'MINU..TES.
,ACCOBDINGLY. .: . ... , .. '..
-;PLEASE GIVE AN'~.WRITYEN STATEMENTS TO TI;tiE CLERK. ..
NAME (Please print clearly)
3
4
8
9
10
PHONE NUMBER/ADDRESS
PHA Plan
Agency Identification
PItA Name: Albemarle County Office of Housing
PHA Number: VA036V0
PHA Fiscal Year Beginning: (mm/yyyy) 07/2004
Public Access to Information
Information regarding any activities outlined in this plan can be obtained by
contact'mg: (select all that apply)
X Main administrative office of the PHA
PHA development management offices
PHA local offices
Display Locations For PHA Plans and Supporting Documents
The PHA Plans (including attachments) are available for public inspection at: Iselect all
that apply)
x
Main administrative office of the PHA
PHA development management offices
PHA local offices
Ma'm administrative office of the local govermnenr
Main administrative office of the County government
Main adroJnistrative office of the State government
Public library
PHA website
Other [list below)
PHA Plan Supporting Documents are available for inspection at: (select all that apply)
Main business office of the PHA
[] PHA development management offices
[] Other I list below)
Annual PHA Plan
PHA Fiscal Year 2004-05
[24 CFR Part 903.7]
i. Annual Plan Type:
Select whic~e of 2~cnnual Plan the PHA witl submit,
[] Standard Plan
Streamlined Plan: [] High Performing PItA
[] Small Agency (<250 Public Housing Units)
X Administering Section 8 Only
[] Troubled Agency Plan
ii. Executive Summary of the Annual PHA Plan
[24 CFR Part 903.7 9 ir).
The County of Albemarle's Office of Hon~iag acts as thc PIIA fur the a~.lmii.~istra~ioa 01' S~:ction 8
Housing Choice Vouchers. In addition to adminislration of the 1 ICY pro.ram, the Or.rice p~'ovidcs
comprehensive cOUnseling services tlwough its HOMEBUYERS' Clubs. ~rhc ~gffice conthmcs to
rccogni?¢ thc importaucc of coordhmting its actMtics xx itb arbor lmusing prm'iders, both fur-,>ro~'it and
nonprofit to maintain existing afforctable housing stock and create new aftbrdablc Ix)using
oigporrt tnt cs 'Ih :~ x~,r s. p al ~ ~zenerall~ y the same b bt . car sp au \\ltl he cxcc3t i 11] ) llcre, sin__
t}~e paymen! stanclard on all units to 110% 0f'theFMR.. This chang~ is made duc m pressm'cs o[thc
rent~ marke:~ hlthe area. We also areprOpoS~gto allox\ up ro 157o oFour allocatkm IBr proiccl'-based
assistauee. This prOp0sal:is attached m the Amdahl Plan, '~
We will continue to use the approved preference for th~se living and/or working in Alhemarl~:C:ounty
and have o gamzed 0ur wmtmg list on this hasu. Although not included m ~his y~ear s glan,:;the Offme
corttinues to consider a homeo~mership option for using vouchers by seeking mertgage fi~ianei.ng ileal
will~ work with the program. We wo~ld be more likely to create a homcownership assislance proaram it'
funds were approved for one-tinge downpayment aitd closing cost ass~s'rance.
Table Library
iii. Annual Plan Table of Contents
[24 CFRPart 903.7 9 Ir)]
Provide a table of contents for the Annual Plan, including attachments, and a list of'supporting
docamcmts available for public inspection
Table of Contents
Page
Annual Plan
i. Executive Summary 1
ii. Table of Contents 2
1. Housing Needs 6
2. Financial Resources 12
3. Policies on Eligibility, Selection and Admissions 13
4. Rent Determ'mation Policies 17
5. Operations and Management Policies 18
6. Grievance Procedures 19
7. Capital Improvement Needs
8. Demolition and Disposition
9. Designation of Housing
10. Conversions of Public Housing
11. Homeownership 21
12. Community Service Programs
13. Crime and Safety
14. Pets (Inactive for January 1 PHAs~
15. Civil Rights Certifications (included with PHA Plan Certifications)
16. Audit
17. Asset Management
18. Other Information 27
Resident Advisory Board Members 28
Attachments
Indicate which attaehmeras are pr0xadcdby sclectm.~ all thdt appb. Provide :~he ~,ttachment s name (A,
B~ etc:) lathe space t~the left of~e name ()[the attachment. No[c: 1Fthl2 atlachmcnt i's pr0¥ided as a
sEPARATE file submi~sio~a from the PHA Pleas file, provide the file aame ia )aremhcses in the seac¢
to the right of the title,
Required Attachments:
[] Admissions Policy for Deconcentration
[] FY 2000 Capital Fund Program Annual Statement
[] Most recent board-approved operating budget (Required Attachment for PHAs
that are troubled or at risk o£being designated troubled ONLY)
Optional Attachments:
[] PHA Management Organizational Chart
[] FY 2000 Capital Fund Program 5 Year Action Plan
[] Public HousLng Drug Elimination Program (PHDEP) Plan
Table Library
[] Comments of Resident Advisory Board or Boards (must be attached if not
included in PHA Plan texf)
X Other (List below, providing each attachment name)
Statement of Substantial Deviation/Modification of 5-year and Annual Plans
· Waiting list (lottery)
· Project-based vouchers
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4
Supporting Documents Available for Review ,
ini~li~ate,,which documents are available for public rey~iew by placing a'mark/n the Applicable &On
Display colunm in the appropriate rows. Alllisted documents must be on display if applieab~e to the
program activities conducted by the PHA.
List of Supporting Documents Available for Review
Applicable Supporting Document Applicable Plan
& Component
On Display
X PHA Plan Certifications of Compliance with the PHA Plans 5 Year and Annual Plans
and Related Regulations
X State/Local Government Certification of Consistency with 5 'fear and Annual Plans
the Consolidated Plan
X Fair Housing Documentation: 5 Year and A~mual Plans
Records reflecting that the PHA has examined its programs
or proposed programs, identified any impediments to fair
housing choice in those programs, addressed or is
addressing those impediments in a reasonable fashion in
view of the resources available, and worked or is working
w/th local jurisdictions to implement any of the jurisdictions'
initiatives to affirmatively further fair housing that requ/re
the PHA's involvement.
X Consolidated Plan for the jurisdiction/s ia which the PHA is Annual Plan:
located (wh/ch includes the Analysis o£Impediments~to Fair Housing Needs
Housing Choice (AI))) and any additional backup data to
support statement of housing needs in the jurisdiction
X Most recent board-approved operating budget for the public Annual Plan:
housing program , Financial Resources;
Public Housing Admissions and (Continued) Occupancy Annual Plan: Eligibility,
Policy (A&O) which includes the Tenant Selection and Selection, and Admissions
Assignment Plan [TSAP] Policies
X Section 8 Administrative Plan Annual Plan: Eligibility,
Selection, and Admissions
Policies
Public Housing Deconcen~rafion and Income Mixin~ Annual Plan: Eligibility,
Documentation: Selection, and Admissions
1. PHA board certifications of compliance with Policies
deconcentrafion requirements (section 16(a) of the US
Housing Act of 1937, as implemented in the 2/18/99
Quality Housing and 14Zork Responsibility Act Initial
Guidance; Notice and any further HUD gmdnnce) and
2. Documentation of the required deconcentratior~ and
income mixing analysis
Public housing rent determination policies, including the Annual Plan: Rent
methodology for setting public housing flat rents Determination
[] check here xf included m the pubhe housing
A & O Policy
Schedule of fiat rents offered at each public housing
development
[] check here if included in the public housing
Table Library
List of Supporting Documents Available for Review
Applicable Supporting Document Applicable Plan
& Component
On Display
A & 0 Policy
X Section 8 rent determination (payment standard) policies Annual Plan: Rent
X check here if included in Section 8 Determinalion
Administrative Plan
Public housing management and maintenance policy Annual Plan: Operations
documents, including policies for the prevention or and Maintenance
eracY~catiun of pest infestation (including cockroach
infestation)
Public housing grievance procedures Annual Plan: Grievance
X check here if included in the public housing Procedures
A & O Policy
X Section 8 informal review and hearing procedures Annual Plan: Grievance
X check here if included in Section 8 Procedures
Administrative Plan
The HUD-approved Capital Fund/Comprehensive Grant Annual Plan: Capital Needs
Program Annual Statement (HUD 52837) for the active
grant year
Most recent CIAP BudgeffProgress Report (HUD 52825) for Annual Plan: Capital Needs
any active CiAP grant
Most recent, approved 5 Year Action Plan for the Capital Annual Plan: Capital Needs
Fund/Comprehensive Grant Program, if not included as an
attachment (provided at PHA option)
Approved HOPE VI applications or, if more recent, Annual Plan: Capital Needs
approved or submitted HOPE VI Revitalization Plans or any
other approved proposal for development of public housing
Approved or submitted applications for demolition and/or Annual Plan: Demolition
disposition of public housing and Disposition
Approved or submitted applications for designation of public I A~nual Plan: Designation of
housing (Designated Housing Plans) Public Housing
Approved or submitted assessments ofreasunable Annual Plan: Conversion of
revitalization of public housing and approved or submitted Public Housing
conversion plans prepared pursuant to section 202 of the
1996 HUD Appropriations Act
Approved or submitted public housing homeownership Annual Plan:
programs/plans Homeownership
Policies governing any Section 8 Homeownership program Annual Plan:
[] check here if ineluded in the Section 8 Homeownership
Administrative Plan
Any cooperative agreement between the PHA and the TANF Annual Plan: Community
agency Service & Self-Sufficiency
X FSS Action Plan/s for public housing and/or Section 8 Annual Plan: Community
Service & Self-Sufficienc7
X Most recent self-sufficiency (ED/SS, TOP or ROSS or other Annual Plan: Community
resident services grant) grant program reports Service & Self-Sufficiency
The most recent Public Housing Drag Elimination Program Annual Plan: Safety mad
(PHEDEP) semi-annual performance report for any open Crime Prevention
grant and most recently submitted PHDEP application
(rl-rDEr Plan)
Table Library
List of Supporting Docmnents Available for Review
Applicable Supporting Document Applicable Plan
& Component
On Display
X The most recent fiscal year audit of the PHA conducted Annual Plan: Annual Audit
under section 5Cn)(2) of the U.S. Housing Act of 1937 (42
U. S.C. 1437c(h)), the results of that audit and the PHA's
response to any findings
Troubled PHAs: MOA~R. ecovery Plan Troubled PHAs
Other supporting documents (optional) (specify as needed)
(list individually; use as many lines as necessary)
1. Statement of Housing Needs
[24 CFR Part 903.7 9 (all
A. Housing Needs of Families in the Jurisdiction/s Served by the PHA
Based Upon the information contained in the Consolidated Plm~,'s applicable to Ibc jurisdiction, and/or
other data aVailable to the P/cIA. provide a statement of the housing needs itt tire jurisdiction bx
completing the following table, lathe "Overall" Needs column, proxide the cstimaled nmnber o['
renter 5amilieS iliat hax ~ housine needs. For thc remainitm characteristics, rate tbe inwact oflilat Pactor
{>ti the housing needs lot' each family type. from 1 to 5. xxith 1 being "no impact" and 5 being "severe
impact." Usc N'A to indicate that no infornmtion is available upon which th.e P~ can make this
88se$smonr,.
Housing Needs of Families in the Jurisdiction
by Family Ti rpe
Family Type ov~aU Affo~l- Supply Quality Access- Size Loca-
ability ibility lion
Income <= 30% 1375 5 4 4 2 3 4
of AMI
Income >30% but 1015 5 4 4 2 3 4
<=50% of AMI
Income >50% but 1250 4 3 3 2 2 3
<80% of AMI
Elderly 305 4 3 2 2 3 3
Families with NA
Disabilities
Race/Etl:micity NA
Race/Ethnicity NA
Race/Ethnicity NA
Race/Ethnicity NA
Table Library
What sources of information did the PHA use to conduct this analysis? (Check all that
apply; all materials must be made available for public inspection.)
X
Consolidated Plan of the City of Charlottesville & Thomas Jefferson HOME
Consortium
Indicate year: 2000
U.S. Census data: the Comprehensive Housing Affordability Strategy
("CHAS") dataset
American Housing Survey data
Indicate year:
Other housing market study
Indicate year:
Other sources: (list and indicate year of informafion'~
B. Housing Needs of Families on the Public Housing and Section 8
Tenant- Based Assistance Waiting Lists
Slate thc housin'-, tlecds of the t~amillcs on the PHA:sA' Wa(title lJst.'S. C61nplete one table for eaclt tx'pc
of PI IA-wide waiting list administered by the PHA, PHAs n~y vrox (dc sepal'ale lables [br si~c-
based or sub-jurisdictional public housing wa~ting lists at their option
Housing Needs of Families on the Waiting List
Waiting list type: (select one)
X Section 8 tenant-based assistance
[] Public Housing
[] Combined Section 8 and Public Housing
[] Public Housing Site-Based or sub-jurisdictional waiting list (optional)
If used, identify which development/subjurisdiction:
# of families % of total fanfilies Annual
Waiting list total 264 ,~ ."
Extremely low 213 81
income <=30%
AMI
Very low income 51 19
(>30% but <=50% ,
AMI)
Low income 0
(>50% but <80%
AMI)
Familieschildren with 195 74
Elderly families 36 14
Table Library
8
Housing Needs of Families on the Waiting List
Families with
Disabilities
Asian
Black
White
30 11
0
169 64
66 25
7 3
4 2
Undesi 8
Characteristics by
Bedroom Size
(Public Housing
Only)
1BR
2 BR
3 BR
4 BR
5 BR
5+ BR
Is the waiting list closed (select one)? [] No X Yes
If yes:
How long has it been closed (# of months)? 24
Does the PHA expect to reopen the list in the PHA Plan year? X No [] Yes
Does the PHA permit specific categories of families onto the waiting list. even if
generally closed? X No [] Yes
C. Strategy for Addressing Ne, eds
Provide abrief desci'ipfion 6t~the PH~ s strategy foe addressing thc housh~ n~d~ of famillcs in thc
jurisdiction and on the waitin~ lis~IN TI:FE UPCOMING YE)2R. and the Agency's rcasous £br
choosing this strategy.
(D Strategies
Need: Shortage of affordable housing for all eligible populations
Strategy 1. Maximize the number of affordable units available to the PI-LA within
its current resources by:
Select all that apply
Employ effective maintenance and management policies to minimize the
number of public housing units off-line
Reduce turnover time for vacated public housing units
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9
[] Reduce time to renovate public housing units
[] Seek replacement of public housing units lost to the inventory through mixed
finance development
[] Seek replacement of public housing units lost to the inventory through section
8 replacement housing resources
X Maintain or increase section 8 lease-up rates by establishing payment standards
that will enable families to rent throughout the jurisdiction
X Undertake measures to ensure access m affordable housing among families
assisted by the PHA, regardless of unit size required
X Maintain or increase section 8 lease-up rates by marketing the program to
owners, particularly those outside of areas of minority and poverty
concentration
X Maintain or increase section 8 lease-up rates by effectively screening Section 8
applicants to increase owner acceptance of program
X Participate in the Consolidated Plan development process to ensure
coordination with broader communuy strategies
X Other (list below)
Albemarle County Office of Housing is participating in the creation of a regional
tenant counseling program that will begin working with those applicants on the
waiting list. Upon completion ofcounselhig, a client receiving avoucher maybe
eligible for a secmSty and utility deposit assistance program using HOME funds.
The County proposes allowing up to 15% of its allocation to be used as project-based
assistance for properties that preserve existing affordable rental units that may be lost
to the market, creating new affordable rental units ~vhen a nonprofit is a partner in the
development and appropriate services for the target population ~vill be made available.
Strategy 2: Increase the number of affordable housing units by:
Select all that apply
[] Apply for additional section 8 units should they become available
X Leverage affordable housing resources in the community through the creation
of mixed - finance housing
X Pursue housing resources other than public housing or Section 8 tenant-based
assistance.
Other: (list below~
SEE discussion of project-based vouchers in Strategy 1.
Need: Specific Family Types: Families at or below 30% of median
Strategy 1: Target available assistance to families at or below 30 % of AMI
Select all that apply
Exceed HUD federal targeting requirements for families at or below 30% of
AMI in public housing
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10
Exceed HUD federal targeting requirements for families at or below 30% of
AMI in tenant-based section 8 assistance
Employ admissions preferences aimed at families w/th economic hardships
[] Adopt rent policies to support and encourage work
[] Other: (list below)
Need: Specific Family Types: Families at or below 50% of median
Strategy 1: Target available assistance to families at or below $0 ~ of AMI
Select ail that apply
Employ admissions preferences aimed at families who are working
Adopt rent policies to support and encourage work
Other: [list below)
Need: Specific Family Types: The Elderly
Strategy 1: Target available assistance to the elderly:
Selec~ all {hat apply
[] Seek designation of public housing for the elderly
[] Apply for special-purpose vouchers targeted to the elderly, should they become
available
X Other: (list below)
Support privately developed housing for the elderly, both assisted living and
independent living units including the consideration of using project-based vouchers.
Need: Specific Family Types: Families with Disabilities
Strategy 1: Target available assistance to Families with Disabilities:
Select all that apply
X
Seek designation of public housing for families with disabilities
Carry out the modifications needed in public housing based on the section 504
Needs Assessment for Public Housing
Apply for special-purpose vouchers targeted to families with disabilities,
should they become available
Affirmatively market to local non-profit agencies that assist families with
disabilities
Other: (list below)
Need: Specific Family Types: Races or ethnicities with disproportionate housing
needs
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11
Strategy. 1: Increase awareness of PHA resources among families of races and
ethnicities with disproportionate needs:
Select if applicable
X
Affirmatively market to races/etlmicities shown to have disproportionate
housing needs
Other: (list below ~
Strategy 2: Conduct activities to affirmatively further fair housing
8elect all ~hat apply
X Counsel section 8 tenants as to location of units outside of areas of poverty or
minority concentration and assist them to locate those units
X Market the section 8 program to owners outside of areas of poverty/minority
concentrations
X Other: (list below)
Participate in the development of a report on Impediments to Fair and Affordable
Housing and work with local and regional housing parmers to implement actions to
minimize impediments.
Other Housing Needs & Strategies: (list needs and strategies below)
(2) Reasons for Selecting Strategies
Of the factors listed below, select all that influenced the PHA's selection of the
strategies it will pursue:
X
X
X
X
X
Funding constraints
Staffing constraints
Limited availability of sites for assisted housing
Exten* to which particular housing needs are met by other organizations in the
community
Evidence of housing needs as demonstrated in the Consolidated Plan and other
information available to the PHA
Influence of the housing market on PHA programs
Community priorities regarding housing assistance
Results of consultation with local or state government
Results of consultation with residents and the Resident Advisory Board
Results of consultation with advocacy groups
Other: {list below)
2_.. Statement of Financial Resources
[24 CFR Part 903.7 9 (b)]
List the financial resources that are anticipated to be avaflabl~ to the PHA for the supporx i>fFederal
public housing and tenant-based Section 8 assistance programs administered/by the PI-I~. Clur~g the
plan year. Note: thetable asSumes ~atFedera~publi¢ housing or ter~antbas~dSeetion 8 assSstarice,
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grant funds are expended on eligible purposes; therefore, uses of these funds aced riot be ~tated. For
other funds, indicate the use for those funds as or~e of the follo~ving 6ategorie~: public h~using
Operations, public homing capital improvements, public housing safety/secUr~, public housing
suPPortive services, 8eefio~ 8 tenant;based ass~stance~ Section 8 sUppdrtive seawiC~s or other.
12
Financial Resources:
Planned Sources and Uses
Sources Planned $ Planned Uses
1. Federal Grants (FY 2002 grants)
a) Public Housing Operating Fund .
b) Public Housing Capital Fund
c) HOPE VI Revitalization
d) HOPE VI Demolition
e) Annual Contributions for Section $2,500,000 .
8 Tenant-Based Assistance
f) Public Housing Drug Elimination
Program (including any Technical
Assistance funds)
g) Resident Opportunity and Self- $ 46,000
Sufficiency Grants
h) Community Development Block $ 375,100 Purchase/Rehab Rental
Grant Property
i) HOME $ 125,000 Rehab/TBRA
Other Federal Grants (list below)
Annual Contribution for Section 8
through VHDA
2. Prior Year Federal Grants
(unobligated funds only) (list
below)
3. Public Housing Dwelling Rental
Income
4, Other income (list below)
4. Non-federal sources (list below)
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Financial Resources:
Planned Sources and Uses
Sources Planned $ Planned Uses
County of Albemarle $ 190,000 Operations/counselin~
Total resources $3,236,100
3. PHA Policies Governing Eligibility, Selection, and Admissions
[24 CFR Part 903.7 9 (e)]
NOT APPLICABLE
B. Section 8
Exemptiot~s: PIIAs that do not adm/.nister section 8 arc not required to c0mplcle sub-c0mmmcnt 3B.
Unless otherwise specified, all questinns in this section apply only tn the tenant-based section 8
assistance prnlgram (vouchers, and nntil completely merged into the vnucl~er program.
certificates}.
(1) Eligibility
a. What is the extent of screening conducted by the PHA? ~.select all that apply)
X Criminal or drug-related activity only to the extent required by law or
regt~afion
[] Criminal and drug-related activity, more extensively than required by law or
regulation
[] More general screening than criminal and drug-related activity (list factors
below)
[] Other (list below)
b. X Yes [] No: Does the PHA request criminal records from local law
enforcement agencies for screening purposes?
c. [] Yes X No: Does the PHA request criminal records from State law enforcement
agencies for screening purposes?
d. [] Yes X No: Does fhe PHA access FBI criminal records from the FBI for
screening purposes? (either directly or through an NCIC-
authorized source)
e. Indicate what kinds of information you share with prospective landlords? (select all
that apply)
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Criminal or drug-related activity
Other (describe below)
Information regarding "standing" of client upon request by landlord or
public housing agency
(2) Waiting List Organization
a. With which of the following program waiting lists is the section 8 tenant-based
assistance waiting list merged? (select all th. at apply)
None
Federal public housing
Federal moderate rehabilitation
Federal project-based certificate program
Other federal or local program (list below
b. Where may interested persons apply for admission to
assistance? (select all that apply)
X PHA main administrative office
[] Other (list below)
section 8 tenant-based
(3) Search Time
a. X Yes [] No: Does the PHA give extensions on standard 60-day period to search
for a unit?
If yes, state circumstances below:
If prospective tenant cannot find a unit, primarily due to uuit availability, a request
may be granted for up ro an additional 60 days in 30-day increments. Prospective
Tenant must document efforts to locate housing to receive such extensions.
(4) Admissions Preferences
a. Income targeting
--~ Yes
X No: Does the PHA plan to exceed the federal targeting requirements by
targeting more than 75% of all new admissions to the section 8
program to families at or below 30% of median area income?
b. Preferences
1. X Yes [] No: Has the PI:IA established preferences for admission to section 8
tenant-based assistance? [other than date and time of
applicatioff} (if no, skip to snbcomponen~ (5) Special purpose
section 8 assistance programs)
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2. Which of the following adrff~ssion preferences does the PHA plan to employ in the
coming year? (select all that apply from either former Federal preferences or other
preferences)
Former Federal preferences
[] Involuntary Displacement (Disaster, Government Action, Action of Housing
Owner, Inaccessibility, Property Disposition)
Victims of domestic violence
Substandard housing
Homelessness
High rem burden [rent is > 50 percent of income)
Other preferences (select all that apply)
Working families and those unable to work because of age or disability
Veterans and veterans' families
Residents who live and/or work in your jurisdiction
Those enrolled currently in educational, framing, or upward mobility programs
Households that contribute to meeting income goals (broad range of incomes)
Households that contribute to meeting income reqtfiremems (targeting)
Those previously enrolled in educational, training, or upward mobility
programs
Victims of reprisals or hate crimes
Other preference(s) (list below)
3. If the PHA will employ admissions preferences, please prioritize by placing a "1" in
the space that represents your first priority, a "2" in the box representing your
second priority, and so on. If you give equal weight to one or more of these
choices (either through an absolute hierarchy or through a point system), place the
same number next to each. That means you can use "1" more than once, "2" more
than once, etc.
2 Date and Time
Former Federal preferences
Involuntary Displacement (Disaster, Government Action, Action of Housing
Owner, Inaccessibility, Property Disposition)
Victims of domestic violence
Substandard housing
Homelessness
High rent burden
Other preferences (select all that apply)
[] Working families and those unable to work because of age or disability
[] Veterans and veterans' families
1 Residents who live and/or work in your jurisdiction
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Those enrolled currently in educational, u'aining, or upward mobility programs
Households that contribute to meeting income goals (broad range of incomes)
Households that contribute to meeting income requirements (targeting)
Those previously enrolled in educational, training, or upward mobility
programs
Victims of reprisals or hate crimes
Other preference(s) (hst below)
4. Among applicants on the waiting list with eqmd preference stares, how are
applicants selected? (select one'}
[] Date and time of application
X Drawing (lottery) or other random choice technique
5. If the ?HA plans to employ preferences for "residents who live and/or work in the
jurisdiction" (select one')
X This preference has previously been reviewed and approved by HUD
[] The PHA requests approval for this preference through this PI-IA Plan
6. Relationship of preferences to income targeting requirements: [select one)
[] The PHA applies preferences with'm income tiers
X Not applicable: the pool of applicant famihes ensures that the PHA will meet
income targeting requirements
(5) Special Purpose Section 8 Assistance Programs
a. In which documents or other reference materials are the policies governing
eligibility, selection, and admissions to any special-purpose section 8 program
administered by the PHA conta'med? (select all that apply)
X The Section 8 Administrative Plan
X Briefing sessions and written materials
[] Other (list below)
b. How does the PHA announce the availability of any special-purpose section 8
programs to the public?
[] Through published notices
X Other (list below)
Referrals from social services
Direct contact of active clients with vouchers
4. PHA Rent Determination Policies
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[24 CFR Part 903.7 9 (d)]
A. NOT APPLICABLE
Exemptions: PHAs tha~ do not adm'mister public housing are nor req~frred to complete sub-component
4A.
B. Section 8 Tenant-Based Assistance
Exemptions: PIIAs that do not a&ni~tister Section 8,1enant-bascd assistance arc nol rcqoh'ed 10
complete sub-component ~[B, Unless otlierwise specified, all questions, in Ofi,~ sectian apply only ta
the tenant~based section 8 assistance program.(voachers, and uniil completely merged i~lto Ihe
voucher prograra~ certificates)
(1) Payment Standards
Describe the voucher payment standards and policies.
a. What is the PHA's payment standard? (select the category that best describes your
standard]
[] At or above 90% but belowl00% of FMR
[] 100% of FMR
X Above 100% but at or below 110% of FMR
[] Above 110% of FMR [if HUD approved: describe circumstances below)
b. If the payment standard is lower than FMR, why has the PHA selected this
standard? (select all that apply)
[] FMRs are adequate [o ensure success among assisted families in the PHA's
segmem of the FMR area
The PHA has chosen to serve additional families by lowering the paymem
standard
Reflects market or suhmarker
Other (list below)
c. If the payment standard is higher than FY[R, why has the PHA chosen this level?
(select all that apply)
[] FMRs are not adequate to ensure success among assisted families in the PHA's
X
X
segment of the FMR area
Reflects market or submarket
To increase housing options for famihes
Other/list below~
d. How often are payment standards reevaluated for adequacy? (select one'}
X Annually
[] Other/list below)
e. What factors will the PHA consider in its assessment of the adequacy of its
payment standard? (select all that apply)
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X
X
X
Success rates of assisted families
Rent burdens of assisted families
Other (list below]
Budgetary Constraints - attempt to maintain 100% lease-up of vouchers
(2) Minimum Renl
a. What amount best reflects the PHA's minimum rent? (select one)
[] $0
X $1-$25
[] $26-$50
b. X Yes [] No: Has the PHA adopted any discretionary mmimum rent hardship
exemption policies? (if yes, list below)
Minimum rem is generally handled through a reduction in the utility allowance paid to
the tenant. Upon written request by tenant for a waiver, actual utility bills will be
reviewed and appropriateness of utility allowance paid will be determined. In no case
will utility allowance paid to tenant be greater than published allowances.
5. Operations and Management
[24 CFR Part 903.7 9 (e)]
Exemptions from Component 5: High performing and small PI-IAs are not required to complete'this
section. Sectioa 8 only PHAs must complete parts A, B, and C(g)
A. PHA Mana, gement Structure
Describe the PHA s mm~agement slrucrure and organization.
(select one)
[] An organization chart showing the PHA's management su'ucture and
organization is attached.
X A brief description of the management structure and organization of the PI-IA
follows:
Daily activities for the rental assistance programs are carried out by two
housing specialists and one housing inspector coordinated by a rental
assistance coordinator. A housing counselor is responsible for all FSS and
FUP clients and works with the housing specialists on initial occupancy and
recertification. Currently all positions are supervised by the Chief of Housing
who reports to an Assistant County Executive. A Housing Committee with
members appointed by the Board of Supervisors also reviews activities of the
office and makes policy recommendations to the Board.
B. HUD Programs Under PHA Management
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L/st Federal programs achninistered by the PItA number of,~es~, , .serVed. at the begianing0f ~he'
upcoming fiscal year and expected turnover in each (Use NA to ~ndicate that the PHA does.not
operate an7 of the programs listed below.)
Program N~me Units or Families Expected
Served at Mar 1, 2004 Turnover
Public Housing
Section 8 Vouchers 411 40
Section 8 Certificates
Section 8 Mod Rehab 36 8
Special Purpose Section
8 Certificates/Vouchers
(list individually)
C. Manag,ement and Maintenance Policies
List the PHA s p~blic housing management and maintenance policy docnmems/manuals and
handbooks that contain the AgencY's roles, standards, end p01/e/ds thar goYem maintenance and
management of public housing, including a description of any measures necess~ for ~he pre~'en~ion c~r
eradication of pest infestation (which includes cockroaeli m~:kstation) and&e pDliei~e~ governing
Section 8 management.
NOT APPLICABLE
6. PHA Grievance Procedures
[24 CFR Part 903.7 9 (f)]
Exemptions from component 6: High performing PI-IAs are nor required to complete component 6.
Section 8-Only PHAs are exempt from slth~component 6A.
A. Public Housing
1. [] Yes [] No: Has the PHA established any written grievance procedures in
addition to federal requirements found at 24 CFR Part 966,
Subpart B, for residents of public housing?
If yes, list additions to federal requirements below:
2. Which PHA office should residents or applicants to public housing contact to
initiate the PHA grievance process? (select all that apply)
[] PHA main administrative office
[] PHA developmem management offices
[] Other (list below)
B. Section 8 Tenant-Based Assistance
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2O
1. [] Yes X No: Has the PHA established informal rewew procedures for applicants
to the Section 8 tenant-based assistance program and informal
hearing procedures for families assisted by the Section 8 tenant-
based ass/stance program in addition to federal requirements
found at 24 CFR 982?
If yes, list additions to federal requirements below:
2. Which PHA office should applicants or assisted families contact to initiate the
informal review and informal hearing processes? (select all that apply)
X PHA main administrative office
[] Other (list below)
7. Capital Improvement Needs
[24 CFR Part 903.7 9 (g)3
EXemptkms from Component 7: Section 8 only PHAs are not requked to ~ompl~e this c0mp0nem ttad
may skip to Component 8.
NOT APPLICABLE
8__. Demolition and Disposition
[24 CFR Part 903.7 9 (h)]
Applicability of compoaent 8: Section 8 only PtIAs are not requi~ed to complete this section
NOT APPLICABLE
9. Designation of Public Housing for Occupancy by Elderly Families
or Families with Disabilities or Elderly Families and Families with
Disabilities
[24 CFR Part 903.7 9 (i)]
Exemptions from Component 9; SectiOn 8 only PHAs are nor requkred to complete this section
NOT APPLICABLE
10. Conversion of Public Housing to Tenant-Based Assistance
E24 CFR Part 903.7 9 (j)]
xemptions from Component 10; Section 8 only PI-lAs are nor requi~xl tO eothplete this section.
NOT APPLICABLE
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11. Homeownership Pro~rams Administered by the PHA
[24 CFR Part 903.7 9 (k)]
NOT APPLICABLE
B. Section 8 Tenant Based Assistance
1.[] YesX No:
Does the PHA plan to administer a Section 8 Homeownership
program pursuant to Section 8(y) of the U.S.tt.A. of 1937. as
implemented by 24 CFRpart 982 ? IIf"No", skip to component
12; i£"yes", describe each program using the table below (copy
and complete questions for each program identified), unless the
PI-IA is eligible to complete a streamlined submission due to
high performer stares. High performing PHAs may skip to
component 12.)
2. Program Description:
a. Size of Program
[] Yes [] No:
Will the PHA limit the number of families participating in the
section 8 homeownership option?
If the answer to the question above was yes, which statement best describes the
number of participants? (select one)
[] 25 or fewer]participants
[] 26 - 50 parricipams
[] 51 to 100 participants
[] more than 1!00 participants
b. PHA-established eligibility criteria
[] Yes [] No: Will the PHA's progrmn have eligibility criteria for participation in
its Se&ion 8 Homeownership Option program in addition to HUD
criteria?
If yes, list criteria below:
12. PHA Community Service and Self-sufficiency Programs
[24 CFR Part 903.7 9 (1)]
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Exemptions ~rom Component 12: High performing and small PHAs are r~0~required.~o complete this
coml~onent. Section 8-Only PHAs are not requiredto complete subrC0nnponent C
A. PHA Coordination with the Welfare (TANF) Agency
1. Cooperative agreements:
X Yes [] No: Has the PHA has entered into a cooperative agreement with the TANF
Agency, to share information and/or target supportive services (as
contemplated by section 12(d)(7) of the Housing Act of 1937)?
If yes. what was the date that agreement was s~gned? 12/15/98
2. Other coordination efforts between the PHA and TANF agency (select all that
apply)
X
X
X
Client referrals
Information sharing regarding mutual clients (for rent determinations and
otherwise)
Coordinate the provision of specific social and self-sufficiency serv/ces and
programs to eligible families
Jointly administer programs
Partner to administer a HUD Welfare-to-Work voucher program
Joint administration of other demonstration program
Other (describe)
B. Services and programs offered to residents and participants
(1) General
a. Self-Sufficiency Policies
Which, if any of the following discretionary policies will the PHA employ to
enhance the economic and social self-sufficiency of assisted families in the
[ollowing areas? (select all that apply)
Public housing rent determination policies
Public housing admissions policies
Section 8 admissions policies
Preference in admission to section 8 for certain public housing families
Preferences for families working or engaging in training or education
programs for non-housing programs operated or coordinated by the
PI-IA
Preference/eligibility for public housing homeownership option
participation
Preference/eligibility for section 8 homeownership option participation
Other policies (list below)
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b. Economic and Social self-sufficiency programs
X Yes [] No:
Does the PHA coordinate, promote or provide any
programs to enhance the economic and social self-
sufficiency of residents? (If "yes", complete the following
table; if "no" skip to sub-component 2, Family Self
Sufficiency Programs. The position of the table may be
altered to facilitate its use. )
Services and Programs
Program Name & Description Estimated Allocation Access Eligibility
(including location, if Size Method (development office / (public housing or
appropriate) (waiting PHA main office / section 8
participains'or
list/random other provider name) both)
selection/specific
criteria/other)
Homebuyer Clubs 30 Referrals & PHA Main Office Section 8
current clients
(2) Family Self Sufficiency program/s
a. Participation Description
Family Self Sufficiency (FSS) Participation
Program Required Number of Participants Actual Number of Participants
(start of FY 21)02 Estimate) (As off 4/01/02)
Public Housing
Section 8 40 26
b.X Yes[] No:
If the PHA is not maintaining the minimum program s~ze
required by HUD, does the most recent FSS Action Plan address
the steps the PHA plans to take to achieve at least the minimum
program size?
If no, list steps the PHA will take below:
C. Welfare Benefit Reductions
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l. The PHA is complying with fne statutory requiremems of section 12(d5 o£the U.S.
Housin~ Act of 1937 (relating to the treatment of income changes resulting from
lfare ro am requirements) by: (select all ~h, at apply)
[_J~-~we Aaopun~- ' p ..__grf at~v~"vriate changes to the PHA s public housmg' rent determination
policies and train staffto carry out those policies
Informing residents of new policy on admission and reexaminmion
Actively notifying residents of new policy at times in addition to admission
and reexamination.
[] Establishin~ or pursuing a cooperative agreement with all appropriate TANF
agencies regarding the exchange of information and coordination of services
[] Establishing a protocol for exchange of information with all appropriate TANF
agencies
[] Other: (list below~
13. PHA Safety and Crime Prevention Measures
~24 CFR Pa~o903.7~ 9 (m)]ant t3' Hi~ performing and small PHAs no~fparticip~ting~?'PHDEP and
Exemptions vzora ~..ompon, . r~ · · ~ ~ ~ ~efformin~ and smatl'PItAs ~hat are
ski tocompi)nent r> D. lg~tr ,~ r~
Secti6n 8 Only pHAs may ~ p ~ .f. ~,~r,~'b~an With this PHA P1an may skilS~to sub-
participating in PHDEP anct are su~mlmng a rr~,,~- ~
component D.
NOT APPLICABLE
[24 CFR Part 903.7 9 (n)]
15. Civil Rights Certifications_
[24 CFR part 903.7 9 (o)]
Civil rights certifications are included in the PHA Plan Certifications of Compliance
with the PHA Plans and Related Regulations.
16. Fiscal Audi[
[24 CFR Part 903.7 9 (p)]
1. X Yes [] No: Is the PHA required to have an audit conducted under section
5(h)(2) of the U.S. Housing Act of 1937 (42 U S.C. 1437c(h))?
(If no, skip to component 17.)
2. X Yes [] No: Was the mos~ recent fiscal audit submitted to HUD?
3. [] Yes X No: Were there any findings as the result of that audit?
4. [] Yes [] No: If there were any findings, do any remain unresolved?
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5.[] Yes[] No:
If yes, how many unresolved findings remain?
Have responses to any unresolved findings been submitted to
HUD?
If not, when are they due (state below)?
17. PHA Asset Management
[24 CFR Part 903.7 9 (q)]
t~xemptions from component 17: Section 8 Only PHAs are not required to complete this component.
igh performing and small P HAs are not recluired to complete this component
NOT APPLICABLE
18. Other Information
[24 CFR Part 903.7 9 (r)]
A. Resident Advisory Board Recommendations
1. X Yes [] No: Did the PHA receive any comments on the PHA Plan from the
Resident Advisory Board/s?
2. [lyes, the commems are: (if comments were received, the PHA MUST select one~
[] Attached at Attachment ~File name)
X Provided below:
One comment was received indicating a desire that a homeownership assistance
program be developed so that payment could be used for asset accumulation.
3. In what manner did the PHA address those comments? [select all that apply)
X Considered comments, but determined that no changes to the PHA Plan would
be made at this time.
[] The PHA changed portions of the PHA Plan in response to comments
List changes below:
[] Other: (hist below)
B. Description of Election process for Residents on the PllA Board
1.X Yes[] No:
Does the PHA meet the exemption criteria provided section
2(b)(2) of the U.S. Housing Act of 19377 (If no, continue to
question 2; if yes, skip to sub-component C3
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2.[] Yes[] No:
Was the resident who serves on the PHA Board elected by the
residents? (If yes, continue to question 3; if no. skip to sub-
component C.)
3. Description of Resident Election Process
a. Nomination of candidates for place on the ballot: [select all that apply)
Candidates were nominated by resident and assisted family organizations
Candidates could be nominated by any adult recipient of PHA assistance
Self-nomination: Candidates registered with the PHA and requested a place on
ballot
Other: (describe)
b. Eligible candidates: (select one)
Any recipient of PHA assistance
Any head of household receiving PHA assistance
Any adult recipient of PHA assistance
Any adult member of a resident or assisted family organization
Other (list)
c. Eligible voters: (select all that apply)
[] All adult recipients of PHA assistance (public housing and section 8 tenant-
based assistance)
[] Representatives of all PHA resident and assisted family organizations
[] Other (list)
C. Statement of Consistency with the Consolidated Plan
For e~ch applicable Consolidated PI.an, make the following statement (copy questions as many times as
necessary).
1. Consolidated Plan jurisdiction: City of Charlottesville and Thomas Jefferson
Consortium
2. The PHA has taken the following steps to ensure consistency of this PHA Plan with
the Consolidated Plan for the jurisdiction: (select all that apply)
X
X
X
The PHA has based its statement of needs of families in the jurisdiction on the
needs expressed in the Consolidated Plan/s.
The PHA has participated in any consultation process organized and offered by
the Consolidated Plan agency in the development of the Consolidated Plan.
The PHA has consulted with the Consolidated Plan agency during the
development of this PHA Plan.
Activities to be undertaken by the PHA in the coming year are consistent with
the initiatives contained in the Consolidated Plan. (list below)
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Other: Ilist below)
4. The Consolidated Plan of the jurisdiction supports the PHA Plan with the following
actions and commitments: [describe below)
· Preserving and expanding supply of affordable rental housing;
· Encouraging development of affordable housing in growth areas;
· Expanding support for affordable housing with emphasis on programs designed
to promote independence and self-sufficiency;
· Providing affordable housing for special needs populations
D. Other Information Required by HUD
Use this section to pro¥ide any additional information requested by HUD;
Significant Accomplishments
} Lease-up rates have been maintained since reaching 95% in April 2003,
> Conversion of 95 project-based mod rehab vouchers to Housing Choice
Vouchers
~ Worked with new owner of Whitewood Village Apartments to avoid any
permanent displacement as a result of rehabilitation activities. Tenants are
making temporary moves onsite to vacant units,
~ Developed and executed six-jurisdiction agreement to limit portability
requests in region. This agreement will provides the opportunity for each
administrator to assist other adm'mistrators with program activities
including property mspections.
} Development of a security and utility deposit assistance program using
HOME funds for applicants that complete a tenant-counseling program,
> Local governing body approved an Affordable Housing Pohcy as an
amendment to the Comprehensive Plan.
Initiatives Underway
· Working with a partnership between local nonprofit and private
developer to develop 90 units of affordable elderly rental housing using
low-income housing tax credits.
· Developing procedures to implement the County's Affordable Housing
Policy aimed at encouraging each new developmem to include a
percentage of total units that are affordable,
RESIDENT ADVISORY BOARD
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MS. ANN ALBRIGHT
201-2 WHITEWOOD ROAD
CHARLOTTESVILLE, VA 22901
MS. JENNIFER GIBSON
1645 RIO HII~L DRIVE, gl01
CHARLOTTESVILLE, VA 22901
MR. DARNELL MORRIS
1646 RIO HILL DRIVE, #201
CHARLOTTESVILLE, VA 22901
MS. AUTUMN STARKES
2111 MICHIE DRIVE, #44
CHARLOTTESVILLE, VA 22901
MS. KIMBERLY BISHOP
1641 CHERRY AVENUE
CHARLOTTESVILLE. VA 22903
MS. CHERYL GROSS
1453 AVON STREET
CHARLOTTESVILLE, VA 22903
MS. PATRICIA STEPPE
943 RIVES STREET
CHARLOTTESVIJLLE, VA 22902
MIL LARRY TOWNSEND
1000 MONTICELLO ROAD. #201
CHARLOTTESVILLE. VA 22902
MS. PATRICE LUCKADOO
738 EAST RIO ROAD
CHARLOTTESVILLE, VA 22901
MS. CINDY ROGERS WASHINGTON
819 ORANGEDALE AVENUE
C}tARLOTTESVILLE. VA 22903
MS. DANNA MARTIN
907 WEST STREET
CHARLOTTESVILLE, VA 22903
CHAROUNDA COOK
2517 i:IYDRAULIC ROAD, #80
CHARLOTTESVILLE, VA 22901
KIM YOUNG
221 WHITEWOOD ROAD. APT. 2
CHARLOTTESVILLE, VA 22901
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Standard PHA Plan
PHA Certifications of Compliance
U.S. Department of Housing and Urban Developmem
0f~e of Public and Indian Rousing
PHA Certifications of Compliance with the PHA Plans and Related Regulations:
Board Resolution to Accompany the Standard Annual, Standard 5-Year/Annual, and
Streamlined 5-Year~Annual PHA Plans
Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairman or other
authorized PHA official if there is no Board of Commissioners, I approve the submission of th~e~standard Annual, __ standard 5 -
Year/Annual or streamlined 5-Year/AnnuaI PHA Plan for the PHd fiscaI year beginning y- {- ~ ~( hereinafter referred to as" the
Plan", of ~vhich this document is a part and make the following certifications and agreements with the Deparrmem of Housing and
rdYban Development (HUD) in connection with the submission of the Plan and implementation thereof:
1'. The Plan is consistent with the appFmabte comprehensive housing affordability strategy (or any plan incorporating such strategy) for
the jurisdiction in which the PIKA is located.
2. The Plan eomains a certification by the appropriate State or locM officials that the Plan is consistent with the applicable
Consolidated Plan. Milch includes a cerf~£tcation that recluires the preparation of an Analysis of Impedimants to Fair Housing Choice,
for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan.
3. The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by the
PHA, consulted with this Board or Boards in developing the Plan, and considered the recommendations of the Board or Boards (24
CFR 903.13). The PHA has included in the Plan subrinssion a copy of the recommendations made by the Resident Advisory Bo ard or
Boards and a description of the manner in which the Plan addresses these recommendatiorts.
4. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days
before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public
commenT.
5. The PttA will carry out the Plan in eorfformity with Title VI of the Cirri1 Rights Act of 1964, the Fair Housing Act. seermn 504 of
the Rehabilitation Act of 1973, and title II of the Amar/cans witi_ Disabilities Act of 1990.
6. The PHA will affirmatively fro'thor fair housing by examiding thair programs or proposed programs, iden'dfy any knpediments to
fair housing choice within those programs, address those impediments in a reasonable fashion in view of the resources available and
work with toeal jurisdictions to implement any of the jutisd[cfioffs in'lfiafives to aff'm'nativ ely further fair housing that reqtfire the
PHA's involvement and maintain records reflecting these analyses and actions.
7. For PHA Plan that includes a policy for site based waiting lists:
· The PI-IA regularly submits required data to HIJD's MTCS in an accurate, complete and timely mamaer (as apeaified in PIH Notice
99-2~;
· The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in which to
reside, including basic information about available sites: and an estimate of the period of time the applicant would likely have to wait
to be admitted to units of different sizes and types at each site:
Adoption of site-based waiting list would not ~iolate any court order or settlement agreement or be thconsistem with a pendi~
complaint brought by HUD;
· The PHA shall take reasonable measures to assure that such waiting list is cons[stent with affirmatively furthering fair housing;
· The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws and
certifications, as speaifled in 24 CFR part 903.7( c)(1).
8. The PHA will comply with the prohibitions against disarimination on the basis of age pursuant to the Age Discrimination Act of
1975.
9. The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41. Polfaies and
Procedures for the Enforcement of Standards and Reqinremenzs for Aeoessibil/tty by' the Physically Handicapped.
I 0. The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of
1968. Employment Opportur/ules for Lo'~or Very-Low Ymcome Persons, and with its implementing regulation at 24 CFR Part 135.
1 I. The PHA has submitted with the Plan a certification with regard to a drag free workplace required by 24 CFR Part 24, Subpart F.
12. The PHA has submitted with the Plan a certification with regard to coinpliance with restrictions on lobb3~ng required by 24 CFR
Part 87, together with disclosure forms if required by this Part, and with restrictions on paymanrs to influence Federal Transactions, an
accordance with the Byrd Amendment and implementing regulations at 49 CFR Part 24.
Page 1 of 2
form HUD-50077 (04/30/2003/
I3. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and R_eai Property
Acquisition Policies Act of 1970 and hrplementing regulations at 49 CFR Part 24 as applicable.
14. The PItA will take appropriate affirmative action to award contracts to minority and women's business enterpzSse8 under 24 CFR
5.105(a).
15. The PHA will provide HUD or the responsible entity any documentation that the Department needs to carry out its review under
the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58.
16. With respec~ to public housing the PHA will comply with Davis -Bacon or l-lI JD determined wage rate requiremants under section
12 of the United States Housing Act of 1937 and the Contract Work Hours and S~£ety Standards Act.
17. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compF~ance with
program requirements.
18 The PHA will comply with the Lead-Based Paint Poisoning Prevention Act and 24 CFR Part 35.
19. The PHA will comply with the policies, guidelines, and requirements of OMB Circular No. A-87 (Cost Principles for State. Local
and Indian Tribal Governments) and 24 CFR Part 85/Ad~mistrative Requirements for Grants and Cooperative Agreements to State,
Local and Federally Recognized Indian Tribal Govcmmants. L
20. The PHA will undertake only activities and programs covered by the Pla~ in a manner cormistent with/ts Plan and will utilize
covered grant Innds only for activities that are appmvable under the regulations and included in its Plan.
21. All attachments to the Plan have been and will continue to be available at all times and ali locations that the PHA Plan is available
for pub~c inspection. All required snpporfmg docmnents have been made available for public inspection along with the Plan and
additional requirements at the primary business office o£the PHA and at all other times and locations identified by the PHA hn its
PHA Plan and will oontinun to be made available at least at the primary business office of the PHA.
PHA Name
PHA Number/HA Code
Standard PHA Plan for Fiscal Year: 200~
Standard Five-Year PHA Plan for Fiscal Years 20__ - 20__~. including Annual Plan for FY 20
Streamlined Five-Year PHA Plan for Fiscal Years 20__ - 20 , including Annual Plan for FY 20
Name of AuthoCzed Official 7~Je
Robert W. Tucker, Jr. County Executive
Signature ~ ~ /~ ~
Date
Page 2 of 2
form HUD.,50077 *'04/30/2003)
COUNTY OF ALBEMARLE
Deparxment of Planning & Community Development
401 Mctntire I~oad. Room 218
Charlottesville, Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 4012
March 8. 2004
Jeffrey Beshear
1524 Insurance Lane. Suite D
Charlottesville. VA 22911
RE: SP-2003-082 Old Dominion Equine Associates [Sign #27 & 30)
Tax Map 50 Parcels 20C and 20D
Dear Mr. Beshear;
The Albemarle County Planning Commission at its meeting on March 2, 2004,
approval of the above-noted oetition to the Board of Supervisors. Please
following conditions:
recommended
The site shall be developed in general accord with the conceotual elan titled Old Dominion Equine Associates
Conceal Plan. revised 2/16/04 and prepared by Muncaster Engineering.
2. The applicants shall provide a preliminary landscape plan that reflects the surrounding rurat landscaee to the
satisfaction of the Amhitectural Review Board.
3. The applicants shall provide landscaping along all parking areas to the satisfaction of the Architectural Rewew
Board.
4. Any outdoor lighting shall be designed to be appropriate to the rural environment to the satisfaction of the
Architectural Review Board.
5. The aeolicents shall grant sight~[stance easements on Route 640 to the satisfaction of the Virginia Depar(mem
of Transportation.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive pUbliC
comment at their meeting on April 14, 2004. Any new or additional information regarding your application must be
submitted to the Clerk of the Board of Suoerv~sors at least seven days prior to your scheduled hearing aate,
The Planning Commission. also byavote of 6:1 approvea your request for awaiver of Section 5.1.11 of the Zoning
Ordinance.
you should have any Questions or comments regarding the above noted action, please do net hesitate to contact
me (4341 296-5823.
Sincerely,
Scott Clarke'S"
SC/id
Cc:
Ella Carey
Jack Keisey
Old Dominion Eouine Association
Amelia McCulley
Steve Atlshouse
Dennis or Eunice Ragtand
Staff Contact:
Planning Commission:
Board of Supervisors:
Scott Clark
March 2, 2004
April 21, 2004
SP 2003-082 Old Dominion Equine Associates
APPLICANT'S PROPOSAL
Request for special use permit to allow an equine veterinary practice in accordance w/th Section
10.2.2.18 of the Zoning Ordinance wtfich allows for veterinary services and an'rural hospitals.
This use would include an office (located in the building formerly occupied by the Cash Comer
store) and a horse barn. Operating hours would be 7:30 a.m. to 5:00 p.m. on weekdays, and 8 a.m.
[o noon on Saturdays. The applicants expect to have one staff person (beyond the two
verennadans) on site at a time, and to have fewer than three clients visiting per day. The site
would be used mainly as an office for off-site visits, with occasional on-site evaluations and
minor medical procedures. Any horses kept overnight would be housed in the barn.
The applicants are requesting a waiver of section 5.1.11 of the Zoning OrcYmance, which includes
supplemental regulations for animal hospitals, veterinary offices, etc. These regulations largely
address the noise impacts of boarded animals.
LOCATION AND DESCRIPTION OF PROPERTY
The property, described as Tax Map 50 Parcels 20C and 20D, contains 1.704 acres, and is zoned
RA Rural Areas and EC Entrance Corridor. The ff~te is located on Route 231 at the intersection of
Route 640, in the Rivarma Magisterial District. The Comprehensive Plan designates this
property as Rural Areas in Rural Area 2.
HISTORY
Th/s site has no past planning or zoning applications. Records and an interview with an area
expert indicate that the original store was built in the 1920s, but the current store build'mg (not
now in use) dates from 1966.
COMPRE H ~;NSIVE PLAN
The property is zoned RA Rural Areas, The Comprehensive Plan designates this property as
Rural Area.
APPLICANT'S JUSTIFICATION FOR THE REQUEST
The applicants wish to open an equine veterinary servme in the Rural Areas that will
accommodate their office and occasional on-site evaluation of a small number of horses. See
Attachment D for a more detailed description from the applicants.
REC OM1V[ENDATION
Staff recommends approval of SP 03-082 with conditions. Staffreeommends approval of the
waiver of section 5.1.11 of the Zoning Ordinance.
STAFF COMMENT (Special Use Permit'}
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance below:
The Board of Supervisors hereby reserves unto itself the right to issue all special usepermits
permitted hereunder. Special use permits for uses as provided in thio' ordinance may be issued
upon a finding by the Board of Supervisors that such use will not be of substantial detriment to
adjacent proper~y, '
The use would consist of an office located in a former store building, plus a barn for
overnight observation of horses. The office use would generate fewer traffic impacts than
a store, as it will mainly be used by the applicants (the majority of whose patients are
located elsewhere) rather than visitors. The small horse barn is a typical feature ofth/s
portion of the County.
that the character of the district will not be changed thereby,
An equine veterinary use is compatible ~vith the Rural Areas:
This property is located in the Entrance Corridor overlay zonmg district. On January 20,
2004, the Architectural Review Board expressed no objection to this proposal, provided
that the applicant meets the following conditions:
1. Relocate the westernmost row of 3 parking spaces southward so the
wheelstops are a rrfinimum of 28' back from the front wall of the building.
Aligning the wheelstops parallel with the south wall of the existing building is
preferred.
2. Provide a preliminary landscape plan that reflects the surrounding rural
landscape.
3. Provide landscaping along all parking areas to the satisfaction of the ARB.
4. If lighting is provided, it should be appropriate to the rural environment.
The Destgn Planner has found that cond/t/on number one has been satisfied on the
applicant's revised plan (see Attachment C). Staff'has recommended conditions below to
ensure that the remaining issues are addressed. These changes would be shown on the
applicants' s/te plan.
and that such use will be in harmony with the purpose and intent of this ordinance.
Equine veterinary services are supportive of rural area activities.
The former Cast's Comer store is located in the Southwest Mountain lfistoric district.
Although it is not yet considered a contributing structure to that district, it will become
eligible for considerat/on in 2016. The Historic Preservation Committee has encouraged
reuse as a strategy for protecting country stores, which are among the County's most
rapidly disappearing historic resources. Thus this project would support the County's
historic preservation_goals, provided that the character of the building is not changed. The
Historic Preservation plarmer encourages the applicant to:
1. Adaptively re-use the structure by making renovations necessary for the use of the
structure while saving the original fabric and maintaining the character, and
2. Acconmaodate additional required space in a separate structure.
with the uses permitted by right in the district.
This use would not conflict with agricultural or forestry. The small scale of the use is not
expected to conflict with residential uses.
with additional regulations provided in Section 5. 0 of this ordinance,
Animal hospitals are subject to the regulations in section 5.1. i 1:
~.1,11 COM31ERCL4L KENhrEL, VETERINARY SERVICE~ OFFICE OR
HOSPITAL, ~ HOSPITAL, ANIMAL Stt~LTER (Amended 6-14o
00)
Each commercial kennel, veterinary service, office or hospital, animal hospital
and animal shelter shall be subject to the following:
a. Except where animals are confined in soundproofed, air-conditioned buildings,
no structure or area occupied by animals shall be closer than five hundred (500)
feet to any agricultural or residential lot line. For non-soundproofed animal
confinements, an external solid fence not less than six (6) feet in height shall be
located within fifty (50) [eet of the animal confinement and shall be composed of
concrete block,, br/ck, or other material approved by the zoning administrator;
(Amended 11-15-89)
b. For soundproofed confinements, no such structure shall be located closer than
two hundred (200) feet to any agricultural or residential lot line. 'For
soundproofed confinements, noise measured at the nearest agricultural or
residential property line shall not exceed fifty-five (55) decibels; (Amended 11-
15-89; 6-14-00)
c. In all cases, animals shall be confined in an enclosed building from 10:00 p.m.
m 6:00 a.m. (Amended 11-15-$9; 6-14~00)
d. In areas where such uses may be in proximity m other uses involving intensive
activity such as shopping centers or other urban density locations, special
attention is required to protect the public health and welfare. To these ends the
commission and board may require among other things: (Amended 11-15-89)
-Separate building entrance and exit to avoid animal conflicts; (Added
1145-89)
-Area for outside exercise to be exclusive from access by the public by
fencing or other means. (Added 11-15-89)
These requirements largely apply to confined small animals, such as dogs, which would
be a nuisance to nearby residences/Horses, however, are an expected feature ofraral
Albemarle, and their sounds are not expected to create a nuisance.
and with the public health, safety and general welfare.
The Virginia Deparunent of Transportation has determined that the emrance to this
property on Route 640 will reqmre a sight-distance easement in order to provide safe
entry and access. Staffhas recommended a condition below requiring that such an
easement be granted to VDOT before this use may begin~ VDOT and Engineering staff
have determined that an easement affecting only the subject property would provide
approximately 350 feet of sight distance; the current speed limit on Route 640 of 40 mph
would necessitate 400 feet of sight distance. The applicants can satisfy this condition by
either securing a sight-distance easement from neighboring property owners m increase
the sight distance to 400 feet, or by asking VDOT to carry out a l~affic study. In the latter
case, if VDOT determines that travel speeds are typically 35 mph or less, the necessary
sight distance can be provided by an easemen~ affecting only the subject parcel.
The Building Official has detcmuined that the former store building is suitable for this
office use, as determthed by Chapter 34 of the 2000 International Building Code (which
includes standards for fire safety, means of egress, and general safety). The Virgunia
Department of Health has approved the site for a septic system to serve an office of this
scale (the horse ham will not use the septic system).
SI[JWIMARY
This is a small-scale veterinary use that fits well with the rural surroundings, and provides an
opportunity to maintain a historic structure through adaptive reuse. The use will require some
modifications of the site for safety and visual impacts, which have been addressed through
revisions to the plan or will be required by the recommended conditions of approval below.
.RECOMMENDED ACTION
Staff recommends approval of the waiver of section 5.1.11 of the Zoning Ordinance. Staff also
recommends approval of SP 03-082 with the following conditions:
I. The site shall be developed in general accord with the conceptual plan rifled Old Doruinion
Equine Associates Concept Plan, revised 2/16/04, and prepared by Muncaster Engineering.
2. The applicants shall provide a prelim/nary landscape plan that reflects the surrounding rural
landscape to the satisfaction of the Architectural Review Board.
3. The applicants shall provide landscaping along all parking areas to the satisfaction of the
Architectural Review Board.
4. Any outdoor lighting shall be designed to be appropriate to the rural environment to the
satisfaction of the Architectural Rev/ew Board.
5. The applicants stroll grant sight-distance easements un Route 640 to the satisfacrion of the
Virginia Department of Transportation.
ATTACHMENTS
A. Location Map
B. Site Map
C. Conceptual Plan for SP 03-082
D. Project Description from Application
E. Waiver Request
ATTACHMENT "A"
ATTACHMENT B
il ~/!~l B/ ~1 ~jlOld Dominion Equine Assoczates
CONCEPT PLAN
MUNCAST£B ENGIN££RIN~ ~
m
ATTACHMENT D
Attachment to Application for Special use Permit
Describe your request in detail and include all pertinent information such as the
number of persons involved in the use, operating hours, and any unique features of
the use.
The Property will be used primarily as a Veterinary Medical office for off-site treatment
of horses and secondarily as a location for horses to be hauled in from outside the
practice area. Typically, an evaluation of an animal would include: physical exam,
observing the animal being ridden, and minor medical procedures. No other animal
species will be evaluated or treated.
Operating hours will be from 7:30 AM to 5 PM Monday through Friday. And 8AM
through Noon on Saturday. Horses may occasionally be boarded at the facility overnight
in which case they would be housed in the ham.
At present, there are 2 veterinarians, and 2 staff persons in the practice. The practice will
remain primarily ambulatory in nature and thus the veterinarians will be off-premises
most of the time. Typically, there will be one staff person in the office during the day. We
expect fewer than three clients will visit the facility per day. Future expansion plans
include the addition of 1-2 veterinarians and 1-2 staff members in the distant future.
Equine Associates
JEFFREY S. BESHEAR. DVM
ATTACHMENT E
KE1TH E BRADY, DVM
January 26, 2004
To Whom It May Concern:
In response to your concerns about Section 5.1.11, I believe that our. proposed project
should not fall under this regulation. I believe that it was intended for small animal
veterinary offices/kennels in urban areas. We are proposing an office with very limited
on-site patientexmnination. Unlike a veterinary hospital or kennel where animals are
housed constantly, our patients will frequently arrive and depart the same day. Likewise,
we are only proposing a 3-stall facility so the number of animals on the property at any
time will be small. Considering this, our facility should not differ at all in the mount of
noise from the other barns in the area. It is also important to note that this facility will be
located in an area dominated by large horse farms with large numbers of animals on
them.
We therefore request a waiver of Section 5.1.11 for our project.
Sincerely,
Old Dominion Equine Associates
2004
1524 Insurance Lane. Suite D · Charlottesville Virginia 22911
434-951-9225 · Fax 434-951-9230 · www. olddorninionequine.com
COUNTY OF ALBEMARLE
Department of Planning & Commumty Deve[opmem
401 Mclntire Road. Room 2!8
Charlotteswile. Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 4012
March 17. 2004
07-04-0~A03:52 RC~D
Kelly Strickland
Rivanna Engineering
1350 Stony Point Road
Charlottesville. VA 22911
RE: SP 2003-084 Dennis Enterprises - Rio Road (Sign # 55)
Tax Map 45, Parcels 100, 101 and 101B
Dear Mr. Strickland:
The Albemarle County Planning Commission. at its meeting on March 9.2004. by a vote of 6:1~
recommended approval of the above-noted petition to the Board of Supervisors.
Please note that this approval is subject to the following conditions:
The site shall be developed in general accord as per the elevation and section dated March 9.2004:
2. Vehicles r)arked or displayed outdoors shall not be elevated anywhere on site (through the use of racks
or other lift devices);
3. Vehicles shall be displayed only in areas as per the elevation and section dated March 9. 2004:
Between the building and Rio Road West there shall not be more than two rows of vehicles. One row
shall be used for display vehicles: the other row shall be used for customer parking. The intermittent.
incidental parking of customer vehicles in the display vehicle row shall nor pea violation of this
condition.
5. The building shall be moved at least 18 feet closer to the front property line adjacent to Rio Read West
with concurrence with the DeDartment of Engineering as it is shown on [he clans entitled Application
Plan for Dennis Enterprises - Rio Road dated November 24. 2003 re the satisfaction of the
Architectural Review Board:
6. The level of illumination of the site and building lighting shall be limited to eliminate negative impacts re
the Entrance Corridor and to adjacent residential uses to tine satisfaction of the Architecrura~ Review
Board. The applicant shall turn off all lighting for night time hours with the exception of the security
lighting at 9:00 p.m.
7. The site shall be landscaped to limit the visibility of vehicles to the satisfaction of the Architectural
Review Board:
8. if the existing ~arge shade trees identified on the plans entitled Application Plan for Dennis Enterprises
- Rio ,q'oad dated November 24. 2003, are removed alternative landscapin~c shall be provided to the
satisfacrton of the Architectural Review Board:
9 Display vehicles shatl not disDIay stgnage, flags Balloons. or other similar items beyond that reauired
by me manufacturer: and
10. Soeces for display vehicles shatl measure 9' X 18' and shall be striped. Display vehicles snau pe parked
m striped display spaces only.
Page 2
Mamh 17. 2004
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on April 14, 2004. Any new or additional information regarding your
application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your
scheduled headng date,
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me (434) 296-5823.
Sincerely,
Margaret Oohery
Senior Planner
MD/jcl
Cc: Ella Carey
Amelia McCulley
Jack Kelsey
Steve AIIshouse
Auto LLC
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
MARGARET DOHERTY
MARCH 9. 2004
APRIL 14, 2004
DENNIS ENTERPRISES--RIO ROAD
SP-03-84 Special Permit for auto dealership and outdoor display of vehicles
Applicant's proposal: The applicant wishes m construct a car dealership on 2.5
vacant acres on West Rio Road. A concept plan is included as Attachment B.
Petition: Request for special use permit to allow a car dealership in accordance
with Sections 22.2.2.8 and 30.6.3.2.b of the Zoning Ordinance which allows for
motor vehicle sales and any portion of outdoor storage, display and/or sales,
which would be visible from an Entrance Corridor Street. The property, described
as Tax Map 45 Parcels 100, 101 and 10lB is zoned C-l, Commercial and EC,
Entrance Corridor. The site is located on West Rio Road tRoute 631).
approximately 250 feet east of the intersection of West Rio Road and Berkmar
Drive on the north side of the street, in the Rio Magisterial District. The
Comprehensive Plan designates this property as Regional Service in
Neighborhood One.
Character of the area: The adjacent parcel to the north is a mobile home park, zoned
residential. The properties directly east and west include commemial and office uses. A
portion of the property borders the back of an existing auto dealership (Colonnial), which
fronts on Route 29. The character of the area may be summarized as serving as a
transition between the high intensity uses along Route 29 and the residential
neighborhoods west of Berkmar Drive.
By-right use of the property: The property is zoned C-l, Commerc/al which
permits a large number of retail sales and service uses, personal service uses,
office and dwelling units.
RECOMMENDATION:
Staff recormr~ends that the Plarming Commission not approve SP-03-84 because the
character of the district will be significantly changed and because the use is not in
harmony with the character of the district.
STAFF COMMENT:
As stated above, this project includes two special permit requests: auto dealership and
outdoor storage and display. Staff's comments present an analysis of how the proposed
use meets the goals and objectives of the Comprehensive Plan, and the Zoning
Ordinance This report also contains the Architectural Review Board's advisory
comments.
Comprehensive Plan:
Entrance Corridor
Chapter 2 of the Comprehensive Plan, entitled Natural Resources and Cultural Assets sets
goals for preserving the scenic resources that are recognized as being essential to the
County's character, economic vitality and quality nflife. The Entrance Corridor Overlay
Districts were/mplemented to further the County's efforts toward attaining the
Comprehensive Plan objective of maintaining the visual integrity of important roadways.
The Architectural Review Board (ARB) addresses the aesthetic impacts of development
on those roads by applying the County's various design standards for development within
the Entrance Corridor. Because this site is adjacem to West Rio Road, an Entrance
Corridor District, the ARB has reviewed the cons/ruction activity proposed with this
request for conformity ~vith the County's adopted design guidelines, and by a vote of 4:0,
hereby forwards the following recommendation to the commission:
The ARB cannot support the special use permit sitice it does not meet the ARB
Guidelines, the development does not reflect the traditional architecture of the
area, nor is motor vehicle sales an appropriate use in this area of offices and
residences. Should the Planning Commission choose to allow the spec/al use
permit, the ARB recommends the following conditions:
1 Relocate the building closer to the EC.
2. Limit the parking at the front of the site to a single row. Vehicles shall only be
displayed/stored in areas bekind the building, away from the EC.
3. Limit building illumination to that which is necessary for safety and security.
4. Limit the level of illumination of site lighting ro eliminate negative impacts on
the EC, to the satisfaction of the ARB.
5. The site shall be landscaped to limit visibility of vehicles and the "sea of
parking" effect, to the satisfaction of the ARB.
6. Vehicles shall not be elevated anywhere on site.
7. Preservation of the large shade trees is strongly encouraged or an alternative
acceptable to the ARB must be shown.
Regarding the Conceptual Plan, the Board offered the following comments that
should be addressed, in addition to the items included on the ARB preliminary
si~e plan review checldist, with the applicant's next submittal. Please note that the
following comments are those that have been identified at this time. Additional
comments may be added or eliminated based on further review and changes to the
plan.
1. Relocate the proposed building closer to the EC and relocate the 5,900 SF
vehicle display area behind the building,
2~ Limit parking at the front of the site to a single row.
3. Provide spot elevations for the retaining wall along the EC.
4. Regrade the 2:1 slope to a 3:1 slope.
5. Indicate proposed materials for the retaining walls.
6. Regarding the landscaping:
Revise the proposed layout and grading plan to retain the existing
significant natural resources (i.e. large shade trees).
Provide street trees (3 ½" cal.) 35' un-center with ornamental trees
interspersed along the EC.
· Specify evergreen screening shrubs along the EC at a planting height of
36".
· Locate screening shrubs at the top of the retaining wall at the front of the
property.
· Provide conifers along the east side of the park'mg areas to reduce visibilit3-
of parked cars from the EC.
· Provide conifers, in addition to the shade trees, along the sloped area
adjacent to the 11,000 SF vehicle d/splay and storage area to help break up
the "sea of parking".
Provide additional landscaping, such as conifers and large shade trees,
along the north property line to reduce the extended view of parked cars.
· Provide a plant list with the preliminary landscape plan.
· Provide landscaping along the side wails of the bnild'mg to reduce the
blankness.
7. Provide complete lighting information, including aphotometric plan and
manufacturer's cut sheets with all options identified for the chosen fixtures.
Limit site illumination levels to eliminate negative impacts on the EC. Limit
building illumination to that which is necessary for safety and security. Show
all proposed exterior lights, including wall lights, ground-mounted lights,
lights within the entry porch, etc.
8. Complete information on all proposed signage should be included with the site
plan submittal. Clearly indicate intended sign locations on the bnild/ng
elevations. Sign locations must be compatible with the architecture. Wall signs
shall maintain a 6" blank border around the perimeter of the sign band.
Consider external illumination for building and site signage.
Provide all material and color samples.
Show all proposed accessory structures and equipment on the plan. Show how
visibility of these items will be eliminated from the EC.
11. Revise the window treamaeur on the sides of the building to reduce the
horizontal nature of the windows and to improve the coordination with the
front windows.
12. Revise the design of the building so the front ped/ment meets the ridge.
13. Provide site sections to clarify the visibility of vehicles on site from the EC.
Land Use Plan
The subject property is designated Reg/onal Service on the Land Use Plan Map
and is within Neighborhood One. There are no specific recommendations from
the Comprehensive Plan, relative to this property.
03
Neighborhood Model
The following analysis addresses conformity with the twelve principles of the
Neighborhood Model:
Pedestrian [ A sidewalk is shown along the frontage on sheet A3 of the concept
Orientation [ plan and along the front of the build/ng. This principle has been
] met.
Neighborhood Not Applicable.
Friendly Streets
and Paths
Interconnections The concept plan ncludes a shared entrance with the parcel to the
west, and a possible connection through the parking area in the front
to the parcel to the east, although it is not wide enough to
accommodate two-way traffic. With slight alteration, tiffs principle
could be met.
Parks and Open Not Applicable.
Space
Neighborhood Not Applicable.
Centers
Buildings and See ARB comments above.
Spaces of
Human Scale
Relegated Too much parking is shown along Rio Road, between the building
Parking and the street. The ARB recommends limiting the parking at the
front of the site to a single row. Further, vehicles shall only be
displayed/stored in areas behind the building, a~vay from the
Entrance Corridor. This principle has not been met.
Mixture of Uses The proposal is for a single use, which is acceptable for a site this
small located within a context ora mix of uses.
Mix/Housing Not Applicable.
_Types
Redevelopment Not Applicable.
Site Planning The concept plan shows the site improvements terracing down the
that Respects hill, utilizing the grade. If the resulting grades are no more than 3:1
Terrain than this principle will be met.
Clear
Boundaries w/ Not Applicable.
Rural Areas
Zoning Ordinance Review
Special Permit for Outdoor Display
The Plarming Department relies entirely on the Architectural Review Board's
'advisory comments' for review of outdoor sales and display. Their comments
were provided on page 2 of this report.
Special Permit for Vehicle Sales
Pursuant to Section 31.2.4.1, of the Zoning Ordinance, Special Use Permits: The board
of supervisors hereby reserves unto itself the right ro issue all special use permit~,
permitted hereunder. Special use permits for uses as provided in this ordinance may be
issued upon a finding by the board of supervisors that such use will not be of substantial
detriment to adjacent properry,
At this location, an auto dealership may be of substantial detriment to the existing uses on
adjacent property. The properties to the north and west include residential uses. The
properties directly east and west inchide commercial and office uses. An auto dealership
requires truck traffic, lighted parking lots and many vehicle trips, which will have
negative impacts on the adjacent residential and office uses. There is an existing building
supply use located on the other side of the street, which has some similarities to this use
in terms oftmcktraffic and outdoor display. However, that use is not adjacent residential,
the inventory is less visible and the hours of operation do not impact residents. Colonial
Auto is also adjacent, although it is oriented towards Route 29. Staf£believes there are
locations within the development area, which are suitable for car dealerships, specifically
along Route 29 and Route 250, where the impacts associated with a car dealership will
not be of detriment to adjacem uses. This is not one of those areas.
that the character of the district will not be changed thereby
The character of the district is a transition area fzom the intensive commercial activity
along Route 29 to the neighborhood service_ office and residential neighborhoods along
Berkmar Drive. Extenddng the high intensity uses found on Route 29 west into this
neighborhood is viewed as a significant change in the character of the district.
This portion of West Rio Road consists mostly of a mix of office, service and retail uses
generally ora smaller scale. Existing residential uses are also located irt this area. As
part of the upcoming Northern Urban Area neighborhood planning effort these residential
uses may be encouraged to remain and/or expand to allow for a greater mix of uses in the
neighborhood. Staffdoes not recommend introducing a high intensity use into the area
prior to the neighborhood planning effort.
and that such use will be in harmony with the purpose and intent of this ordinance,
The purpose and intent of the Zoning Ordinance, as expressed in Section 1.4 is to be in
accord xvith and to implement the Comprehensive Plan. The ordinance is intended to
improve public health, safety, convenience and welfare of citizens of the county and to
plan for the future development of communities to the end that.., residential areas be
provided with healthy surroundings for family life.
It is staff's opinion that an auto dealership will have a negative impact on the residential
and commercial/office neighborhoods to the north and west. Increased tractor4rallor
truck traffic on West Rio Road and potentially Berkmar Drive is viewed as a negative for
the existing area. Also, the precedent would be set for the high intensity uses along
Route 29 to creep into the Berkmar Drive neighborhoods.
with the uses permitted by right in the district,
Uses permitted by right in the district include a large variety of retail shops, services and
pnblic establishments, etc. An auto dealership would be in harmony with some of the
uses permitted by-right. However, there are uses permitted by right that would not be in
harmony with an auto dealership, such as dwellings, public uses, medical center,
nurseries, and day care centers. The existing uses in the area have developed
residentially and commercially. The commercial uses have developed at a lower
intensity, such that the auto dealership is not in harmony with existing uses and the likely
uses.
with additional regulations provided in section 5.0 of this ordinance,
There are no additional regulations provided in section 5.0 of this ordinance related to
vehicle sales.
and with the public health, safety and general welfare.
Generally, it is staff's opinion that an auto dealership at this location does not
further the public health, safety and general welfare of the residents of Albemade
County. It will change the character of the areaby introducing a use pr/madly
found on Ronte 29, which is characterized by heavy traffic, late operating hours,
and large lighted parking lots, into a neighborhood of commercial and residential
uses, which is meant to provide a transition into the residential area to the west.
Concept Plan
The concept plan was sent m the Site Review Committee for comments. The comments
were forwarded to the applicant in January., but no response was received. It is staff's
understanding that the applicant chose to not respond to these comments, until the
commission made a recommendation on the special permits. Following is a hst of the
most sigrdficant issues raised, which will need to be addressed, if the special permits are
recommended for approval:
Engineering:
Th/s site drains to an existing regional stormwatcr management facility between the
self-storage site and Colonial Auto on Rt. 29. A pro-rata share for the cost of that
facility will need to be paid before site plan approval. This may address only some of
the stormwater management requirements for the site, as the basin was designed only
to address the 10 year storm flow, in compliance with the Zon'mg Ordinance at the
time the basin was constructed. Since the adoption of the Water Protection
Ordinance, additional requirements for the 2 year storm, and for water quality have
been added. These may need to be addressed on-site. Preferably, this issue should be
resolved, and conceptual plans provided if necessary, prior to approval of the special
use permit. Please contact Jack Kelsey, or David l-IJrschman for specifics regarding
the regional basin; and
· Permission for off-site work at the entrance travelway will need to be provided.
Zoning:
The setback adjacent to Tax Map 45-173 is not being met. The setback is 20 feet and
includes a 20 foot undisturbed buffer. The undisturbed buffer can be modified by the
Plann'mg Commission but the setback cannot be reduced. These requirements will
substantially alter the design at the rear of the property; and
No area for the loading or unloading of vehicles is shown. In order to insure that this
use can be adequately accommodated on this property without impacting adjacent
property or the public road the applicant should delineate a loading unloading area
and this should be anal~vzed to insure adequate design.
Summary.:
The proposed concept plan could be altered significantly m meet the design pnnclples of
the Architectural Review Board and the neighborhood model. Two outstanding issues
rema'm with the concept plan. The issues relate to commercial setbacks and stormwarer
management. Even if these items were able to be resolved prior to a recommendation for
approval of the special permit, staffbelieves the special permit should not be approved.
07
RECOMMENDED ACTION:
Staffrecommends that the Plann'mg Commission not approve SP-03-84 for the
above referenced reasons. If the Commission, however, believes the use is
appropriate at tiffs location, the following issues should be resolved prior to a
recommendation for approval:
1. Redesign in accordance w/th the recommendations of the Architectural
Review Board; and
2. Resolution of outstanding zoning and engineering issues.
ATTACHMENTS:
Attachment A
Attachment B
Locator Map
Concept Plan
08
ATTACHMENT "A"
0 9
ATTACHMENT "A"
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APPLICATION P~N FOR~ R~NA ENGINEER[N(
COVER SHEET ~ sure,mc, P~c.
DENNIS ENTERPRISES - RIO ROAD ~.
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PRELIMINARY SITE PLAN FOR
DENNIS ENTERPRISES - RIO ROAD
CHARLOTTESVILLE, VA
CONCEPT PLAN
RIVANNA ~GINEERIN ~
COUNTY OF ALBEMARLE
Department of Planning & Community Dev¢lopmem
401 Mclntire Road, Room 218
Charlottesville, Virginia 22902-4596
(434) 296 - 5823
Fax (4341 972- 4012
April 6. 2004
07-04-04A03:51 RCVD
Gordon Giuliano
3054-A Berkmar Drive
Charlottesville, VA 22901
RE:
ZMA-03-11 Rio East Commercial Area and SP-03.58 Rio East Commercial Park (Veterinary Hospital);
Tax Map 61, Parcels 124A-and 124B part of
Dear Mr. Giiuliano:
The Albemarle County Planning Commission. at its meeting on March 30, 2004, by a vote of 6:0. recommended
approval of the above-noted petition to the Board of Supen/isors. Please note that this approval is subject to the
following:
ZMA-03-11 Rio East Commercial Area - Approved subject to the attached proffers dated 3/25104 and signed by D.
J. Wagner Trustee.
SP-03-58 Rio East Commercial Park (Veterinary Hospital) - Approved subject to the following conditions:
1. A site plan shall be submitted for approval that shall be in general accord with the sketch plan prepared by
Keeney & Co Architects dated 3/12/04.
Any enlargement or expansion of the veterinary office and hospital use will require an amendment to this
Special Use Permit (SP-2003-058).
3. No overmght boarding use other than for those animals under medical care shall take place at the veterinary
hospital.
4. Granted a waiver of Section 5.1.11 (b) of the Zoning Ordinance requires that a soundproofed building shall be
located no closer than two hundred (200) feet to any agricultural or residential lot line.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public
comment at ti~eir meeting on April 14, 2004. Any new or additional information regarding your application must be
submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled headng date.
If you should have any questions or comments regarding the above noted action, please do not hesitate to contact
me (434) 296-5823.
Sinceraly,
Francis MacCall
Planner
Cc:
Ella Caray
Jack Kelsey
Andrew Bonfnti
Amelia McCulley
Steve Allshouse
Rio East Land Tr
PROFFER FORM
Original Proffe~
Amended Proffex
(Amendment
Date: 04/14/2004
ZMA # 2003-01 1
Tax Map andParcel Number(s) 61-124A and 61-124B
5.608 Acres to be rezoned from ~'DM¢ to I:'BMG
Pumuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the
conditions listed below which shall be applied to the property, ifrezoned. These conditions are proffered as a part of the requested rezoning
and it is agreed that: (Il the rezoning itself gtves rise to the need for the conditions; and (2) such conditions have a reasonable relation to the
rezoning request.
The original proffers of ZMA 1996-004 still apply to all of the remaining parcels within the PD-MC, Planned Development Mixed
Commercial zoning district. For the lands subject to this zomng map amendment, the original proffers are amended to state as follows:
1 Use of the property designated as the Restricted Area on the Sketch Plan hereto (hereinafter the "Restricted Area") shall include only:
a. All uses permitted under Section 23.2.1 of the Albemarle County Zoning Ordinance as it exists on April 14, 2004, a copy of which is
attached, shall be permitted by right.
b. Uses permitted under Section 23.2.2 of the Albemarle County Zoning Ordinance as it exists on April 14, 2004, a copy of which is
attached, shall be permitted only by special use permit.
2. Use of the property outside the Restricted Area shall include only:
a. All uses permitted under Section 23.2.1 of the Albemarle County Zoning Ordinance as it exists on April 14, 2004, a copy of which is
attached, shall bo permitted by right.
b. Barber and beauty shops as permitted under Section 22.2.1.b2 and office and business machine sales and service as permitted under
Section 24.2.1.29 of the Albemarle County Zoning Ordinance as those sections exist on April 14, 2004, copies of which are attached, shall
be permitted by right provided such uses, when combined with those permitted under Section 23.2.1.6 of the Albemarle County Zoning
Ordinance as it exists on April 14, 2004, a copy of which is attached, do not oeunpy more than twenty (20) pemant of the floor area of
buildings on the site.
c. Uses permitted under Section 23.2.2 of the Albemarle County Zoning Ordinance as it exists on April 14, 2004, a copy of which is
attached, shall be permitted only by special use permit.
d. Uses permitted under Section 24.2.2.4 of the Albemarle County Zoning Ordinance (Veterinary office and hospital) as it exists on April
14, 2004, a copy of which is attached, shall be permitted only by special use permit.
· / $ i~.a~ f A 11-'/~ ~ ~s~ Prlnt~ ~'~ed Na~es o f All O>vn.~ers~.
Signature of Attorney-in-Fact
(Attach Proper Power of Attorney)
OR
Printed Name of Attorney-in-Fact
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
FRANCIS H MACCALL
MARCH 3O, 2004
APRIL 14, 2004
ZMA 2003-011 Rio East Commercial Area Amendment
SP 2003-058 Rio East Commercial Park (Veterinary. Office/Hospital)
Applicant's Proposal: The applicant is proposing to build a veterinary office and hospital within the Rio
East Office Park, at the comer of Rio East Court and Rio Road East. The proffers of ZMA-1996-004 need
to be amended to allow the Special Use Permit. (Attachment A)
Petitioner: Rio East Land Trust, Charles Rotgin Jr. & Donald J Wagner Trustees.
Petition: The petition is for approval to amend the proffers of ZMA-1996-004 to allow for the addition of
the use of veterinary office and hospital to the proffers, and for approval ora special use permit for that use,
in accordance with Section 25A.2.2 of the Zoning Ordinance to allow the uses by special Permit of the C-i,
CO, & HC zoning districts. (Attachments A) The properties, described as Tax Map 61 Parcels 124A &
124B is 5.608 acres, and are zoned PDMC, Planned Development Mixed Commercial. The properties are
located on located on Rio East Court, approximately .1 mile from the intersection Rio Road East [Route ~
631! and Old Brook Road, in the Rio Magisterial District. The Comprehensive Plan designates this property
as Office Service in Neighborhood 2. (Attachments B & C)
Character of the Area: The property is located on Rio Road, east of both Albemarle Square Shopping
Center and Fashion Square Mall. The Rio East Office Park is approximately 80% complete with the
majority of uses being medicaUprofessional offices along with a wireless provider's retail sales office. The
residential subdivision known as Ralntree and a commercial office building are to the east. A bank, a self-
storage facility, and Putt Putt are to the west. Also, to the south across Rio Road is the recently approved
Glenwood Station residential/commercial development.
RECOMMENDATION: Staffhas reviewed the proposal for conformity with the Comprehensive Plan and
the Zoning Ordinance and recommends approval of the zouing map amendment with proffers, and the
special use permit with conditions.
Planning and Zonin~ History: The history of the parcel is as follows:
1996:ZMA-1996-004 - Rezoned Parcel 124A, 12B and 124C from both R-10 and CO to ?D-MC.
The original properties consisted of tkree (3) parcels. The parcels have been subdivided and now consist of
five (5) parcels and six (6) commercial condominium units.
Multiple site plans have been approved. Theywere in 1996, 1999, and 2001.
Comprehensive Plan and The Neighborhood Model: ReqUests for zoning map amemdments and special
use permits in the Development Areas are assessed for conformity with the Neighborhood Model and the
Land Use Plan. The Land Use Plan shows this area as Office Service. The addition of a veterinary office
and hospital to this development would not be a departure from the current land use and character of the
area. The Land Use Plan does not have any other specific recommendations for this area.
The ways in which the proposed project meets the twelve principles for development in accordance with the
Neighborhood Model are provided below:
Pedestrian Orientation - There will be a sidewalk leading from the building to the sidewalks along Rio
East Court that leads out to Rio Road.
Neighborhood Friendly Streets and Paths - Not applicable.
Interconnected Streets and Transportation Networks - The entrance to the site will be shared with the
adjacent parcel.
Parks and Open Space - Not applicable.
Neighborhood Centers - Not applicable.
Buildings and Spaces of Human Scale - The stmctare will fit architecturally with the other buildings that
have been approved for this site. The existing buildings right now would be considered to be ora human
scale.
Relegated Parking - The building is being proposed to front along Rio East Court and Rio Road. This will
relegate the parking from both roads.
Mixture of Uses - The proposed use is a little different than just the medical/professional offices that are
currently in the development now.
Mixture of Housing Types and Affordability - Not applicable.
Redevelopment Rather than Abandonment - Not applicable.
Site Planning that Respects Terrain - Not applicable.
Clear Boundaries with the Rural Areas - Not applicable
Engineering Analysis: The County's Engineering staffhas reviewed this request for engineering issues
related to health, safety, and welfare requirements. The Engineering staffis recommending approval with
final engineering comments being addressed with the site plan.
STAFF COMMENT:
Section 31.2.4.1 of the Zoning Ordinance below requires that special use permits be assessed as follows:
Will the use be of substantial 6_etriment to adiacent property?
Staff has not identified any detriment to adjacent property fi'om the vetennary office and hospital use. The
required soundproofing will address any noise impacts. The closet residential property is across the five (5)
lanes of Rio Road. The applicant is requesting a waiver of the required distance that should be maintained
between the use and residentially zoned property.
Will the character of the zoning district change with this use?
The character of the zoning district will not change with this use.
Will the use be in harmony with the purpose and intent of the zoning ordinance?
The proposed use will incorporate into The existing PD-MC zoning of the Rio East Office Park a little more
of a mix of uses than what currently exists, thus is in harmony of purpose and intent of the PD~MC zoning.
Will the use be in harmom with the uses permitted by right in the district?
The proposed use will not restrict the by right uses in the district.
Will the use comply with the additional regulations provided in Section 5.0 of this ordinance?
There are additional regulations provided in Section 5.1.11 that must be complied with. The applicant is
requesting a waiver of Section 5. L 11 (b) to reduce the distance of the soundproofed building from
residentially zoned property from two hundred (200) feet to hundred forty five (145) feet.
Will the public health, safety and general welfare of the community be protected if the use is approved?
The public health, safety, and general welfare of the community is protected through the special use permit
process which assures that uses approved by special use permit are appropriate in the location requested.
Waiver of Section 5.1.11 (b):
Section 5.1.11 (b) of the Zoning Ordinance requires that a soundproofed building shall be located no closer
than two hundred (200) feet to any agricultural or residential lot line. Pursuant to Section 5.1(a) the
Planning Commission "may modify or waive any such reqmrement upon a finding that such requirement
would not forward the purposes of this chapter or otherwise serve the public health, safety, or welfare; or
that a modified regulation would satisfy the purposes of this chapter to at least an equivalent degree as the
specified requiremeng except that, in no case, shall such action constitute a modification or waiver of any
applicable general regulation set forth in section 4.0 or any district regulation. In granting such modification
or waiver, the commission may impose such conditions as it deems necessary to protect the public health,
safety, or welfare." ~,
The applicant has requested a modification of the two hundred (200) foot setback to allow the building for
the veterinary office and hospital, ro be one hundred forty five (t45) feet away fi:om the residential property
that is across Rio Road. That property is zoned R-15. This property was recently approved for a special use
permit to allow for commercial uses on the property. The plan for that special use permit showed
commercial use along Rio Road. Staff also did a sound meter reading and found that the existing no~se
along Rio Road already exceeds the fifty five (55) decibels required by Section 5.1.t l(b). So, the affect the
use will have on that property is minimal to none. Staffrecommends approval of the modification of the
two hundred (200) foot distance, (Attachment D)
SUMMARY:
Staff has identified the following factors, which are favorable to this request:
1. Parking is relegated and the plan is providing pedestrian access to the existing sidewalk network.
Staffhas not identified factors that are unfavorable to this request:
RECOMMENDED ACTION
ZMA:
Staff recommends the approval of the ZMA with the attached proff~s. (Attachment E) ,~)
Special Use Permit:
Staff recommends approval of the request with the following conditions of approval:
1. A site plan shall be submitted for approval that shall be in general accord with the sketch plan prepared
by Keeney & Co, Architects dated 3/12/04.
2. Any enlargement or expansion of the veterinary office and hospital use will require an amendment to
this Special Use Permit (SP-2003-058).
3. No overnight boarding use other than for those animals under medical care shall take place at the
veterinary hospital.
ATTACHMENTS:
A - Sketch Plan Reduction B - Detail Map
C - Location Map D - Applicants modification request
E - Proffers dated 4/14/04
Se~ions:
22.1
22.2
22.2.1
22.2.2
22.3
CHAPTER 18
ZONING
SECTION 22
COMMERCIAL - C-I
INTENT, WHERE PERMITTED
PERMITTED USES
BY RIGHT
BY SPECIAL USE PERMIT
ADDITIONAL REQUIREMENTS
22.1 INTENT, WHERE PERMITTED
C-1 districts are hereby created and may hereafter be established by amendment to the zoning map
to permit selecfed retail sales, service and public use establishments which are primarily oriented
to central business concentrations. It is intended that C-1 districts be established only within the
urban area, communities and villages in the comprehensive plan. (Amen{ed 9-9-92)
22.2 PERMITTED USES
22.2. 1 BY RIGHT
The following uses shall be permitted in any C-1 district subject [o the requirements and
limhations of thase regulations. The zoning administrator, after consultation with the director of
planning and other appropriate officials, may permit as a use by right, a use not specifically
permi~ed; provided that such use shall be similar to uses permitted by right in general character
and more specifically, similar in mrms of locational requirements, operational characteristics,
visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as
generally provided in section 34.0.
a. The following retail sales end service establishments:
1. Antique, gift, jewelry, notion and craft shops.
2. Clothing, apparel and shoe shops.
3. Deparcntent store.
4. Drug store, pharmacy.
5. Florist.
6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary
and wine and cheese shops.
7. Furniture and home appliances (sales and service).
8. Hardware store.
9. Musical instruments.
10. Newsstands, magazines, pipe and tobacco shops.
1 I. Optical goods.
12. Photographic goods.
13. Visual and audio appliances.
14. Sporting goods.
15. Retail numerics and greenhouses.
b. The following services and public establishments:
Administrative, professional offices.
2. Barber, beauty shops.
3. Chumhes, cemeteries.
4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
5. Financial institutions.
6. Fire and rescue squad stations (reference 5.1.09).
7. Funeral homes.
8. Health spas.
9. Indoor theaters.
10. Laundries, dry cleaners.
11. Laundromat (provided that an attendant shall be on duty at all hours duffmg operation).
12. Libraries, museums.
13. Nurseries, day care ceurem (reference 5.1.06).
14. Eating establishments.
tS. Tailor, seamstress.
t6. Automobile service stations (reference 5.1.20).
17. Electric, gas. oil and communication facilities excluding rower structures and including
poles, tines, transformers, pipes, meters and related facilities for distribution of local
servme and owned and operated by a public utili~. Water distribution and sewerage
collection lines, pumping stations and appurtenances owned and operated by the
pdbemarle County Service Authority. (Amended 5-2-93)
...... ' *~ ~ COr~NTYCOD~
18.
Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines
treatment facilities, pumping stations and the like, owned and/or operated by the
Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-9)
19. Temporary consm~ction uses (reference 5.1.1).
20. Dwellings (reference 5.1.21).
21. Medical center.
22. Automobile, truck repair shop excluding body shop. (Added 6-3-81; Amended 9-9-92)
23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-6)
24. ]ndoor athletic facilities. (Added9-15-93)
25. Farmers' market(reference 5.1.36). (Added 10-11-95)
26. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
22.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit approved by the board af
supervisors pursuant to section 31.2.4:
1. Commercial recreation establishments including but not liraited m emt/sement centers,
bowling alleys, pool halls and dance halls, (Amended 1-1-83)
Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; manned telephone exchange centers; micro-
wave and radio-wave transmission and relay towers, substations and appmxenances.
3. Hospitals.
4. Fast food restaurant.
5. Veterinary office and hospital (reference 5.1.11).
Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential - R-15, m compliance with regulations set forth therein, and such conditions as
may be imposed pursuant to section 31.2.4.
7. Hotels, motels and inns,
8. Motor vehicle sales and rental in communkias and the nrban area as designated in the
comprehensive plan. (Added 6-1-83)
9. Stand alone parking and parking s~ructures (reference 4. I2, 5.1.41). (Added 1 I-7-84;
Amended 2-5-03)
lO. Drive-in windows serving or assocmted with permitted uses. IAdded 11-7-84; Amended 9-9-
O2)
ALBEMARLE COUNTYCODE
11. Uses permitted by fight, not served by public water, involving water consumption exceeding
four hundred I400) gallons per site acre per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
6-14-89)
12. Body shop. (Added 9-9-92)
13. Animal shelter (reference 5.1.11). (Added 6-16-99).
22.3 ADDITIONAL REQUIREMENTS
In addition to the requirements contained herein, the requirements of section 21.0, commercial
districts, generally, shall apply within all C-1 districts. (Amended 3-17-82; 7-10-85)
8-22-4
Zoning Supplement #25, 2-5-03
Sections:
CHAPTER 18
ZONING
SECTION 23
COMMERCIAL OFFICE - CO
23.1 INTENT, WHERE PERMITTED
23.2 PERMITTED USES
23.2.1 BY RIGHT
23.2.2 BY SPECIAL USE PERMIT
23.3 ADDITIONAL REQUIREMENTS
23.1 INTENT, WHERE PERMITTED
CO districts are hereby created and may hereafter be established by amendment to the zoning map
to permit development of administrative, business and professional offices and supporting
accessory uses and facilities. This district is intended as a transition between residential districts
and other more intensive commercial and industrial districts.
23.2 PERMITTED USES
:23.2.1 BY RIGHT
The following uses shall be permitted in any CO district, subject to the requirements and
limitations of these regulations:
1. Administrative and business offices.
2. Professional offices, including medical, dental and optical.
3. Financial institutions.
4. Churches, cememries.
5. Libraries, museums.
6. Accessory uses and structures incidental to the principal uses provided herein. Such uses in
combination shall not occupy mom that twenty (20) percent of the floor area of buildin~ on
the site. The following accessory uses shall be permitted:
-Eating establishments;
-Newsstands;
-Establishments for the sate of office supplies and service ~f office equipmem;
-Data processing services:
-Central reproduction and mailing services and the lkke:
18-23-1
Zoning Supplemcm #25.2~5-03
-Ethical pharmacies, laboratories and estabishments for the production, fitting and/or sale of
optical or prosthetic appliances on sites containing medical, dental or optical offices;
-(Repealed 3-17-82)
-Sale/service of goods associated with the principal use such ~, but not limited to: musical
instruments, musical scores~ text books, artist's supplies and dancing shoes and apparel.
(Added 12-3-86)
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. ~Amanded 5-12-93)
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. trtmk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivarma Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
9. Temporary construction uses (reference 5.1.18).
10. Dwellings (reference 5.1.21). (Added 3-17-82)
11. Temporary nonresidential mobile homes [reference 5.8). (Added3-5-86)
12. Day care, child care or nursery facility (reference 5.1.6). (Added 9-9-92)
13. Stormwater management facilities shown on an approved f'mal site plan or subdivision plat.
(Added 10-9-01)
23.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit approved kby the board of
supervisors pursuant to section 31.2.4:
1. Hospitals.
2. Funeral homes.
Electrical power substations, lransmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-
wave and radio-wave wansmission and relay towers, substations and appurtenances.
4. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-1M;
Amended ~-5~0~)
5. Commercial uses otherwise permitted having drive-in windows (Added 11-7-84)
6. School of special instruction. (Added 1-1-87)
7. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). (Added 1-1-ST)
8. Uses permitted by right, not served by public water, involving water consumption ex~eeding
four hundred (400) gallons per site acre per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
6-14-89)
9. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential R-15. in compliance with regulations set forth therein and such conditions as may
be imposed pursuant to section 31.2.4. (Added 6-19-91)
10. Hntels, motels and inns (reference 9.0). (Added 6-19-91)
11. Supporting commercial uses (reference 9.0). (Added 6-19-91)
12. Research and development activities including experimental testing. (Added 6-19-91)
13. Laboratories, medical or pharmaceutical. (Added 6-t0-92)
14. Indoor athletic facilities. (Added 9-15-93)
23.3 ADDITIONAL REQUIREMENTS
In addition to the requirements contained herein, the requirements of section 21.0, commercial
districts, generally, shall apply within all CO districts.
CHAPTER 18
ZONING
SECTION 24
HIGHWAY COMMERCIAL - HC
24.1
24.2
24.2.1
24.2.2
24.3
24.4
INTENT, WHERE PERMITTED
PERMITTED USES~ -~
BY RIGHT
BY SPECIAL USE PERMIT
MINIMU.M.. FRONTAGE, SHAPE OF DISTRICT
ADDITIONAL REQUIREMENTS
24.1 INTEN~f, WHERE PERMITTED
HC districts are hereby created and may hereafter be established by amendment to the zoning map
m permit development of commercial establishments, other than shopping centem, primarily
oriented to highway locations rather than to centmt business concentrations. It is intended that HC
districts be established on major highways within the urban area and communities in the
comprehensive plan. It is further intended that this district shall be for the purpose of limiting
sprawling strip commercial development by providing sites with adequate frontage and depth to
permit controlled access to public streets.
24.2 PERMITTED USES
24.2.1 BY RIGHT
The following uses shall be permitted in any HC distric[ subject to the requirements and
limitations of these regulations. The zoning administrator, affar consultation with the director of
planning and other appropriate officials, may permit, as a use by right, a use not specifically
permitted; provided that such use shall be similar to uses permitted by Hght in general character,
and more specifically, similar in terms of locational requirements, operational :haracteristics,
visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as
generally provided in section 34.0.
1. Automobile laundries.
2. Automobile, track repair shops.
3. Automobile service stations (reference 5.1.20).
4. Building materials sales.
5. Church, es, cemeteries.
6. Clubs, lodges, civic, fraternal, patriotic (reference 5.I.2).
7. Convenience stores.
18-24-1
ALBEMARLE COUNTY CODE
8. Educational, technical and trade schools.
9. Factory outlet sales - clothing and fabric.
10. Feed and seed stores (reference 5.1.22).
11. Financial institutions,
12. Fire extinguisher and security products, sales and service.
13. Fire and rescue squad stations (reference 5.1,09).
14. :Funeral homes.
15. Furniture stores.
16. Food and grocery stores including such specialv.: shops as bakery, candy, milk dispensary and
wine and cheese shops.
17. Home and business services such as grounds care, cleaning, extenninators, landscaping and
other repair and maintenance services.
18. Hardware.
19. (Repealed 6-3-81)
20. Hotels, motels and inns.
21. Light warehousing.
22. Machinery and equipment saleS, service and rental:
23. Mobile home and trailer sales and service.
24. Modular building sales.
25. Motor vehicle sales, service and rental.
26. New automotive parts sales.
27. Newspaper publishing.
28. Administrative, business and professional offices.
29. Office and business machines sales and service.
30. Eating establishment; fast food restaurants.
31. Retail nurseries and ~eera'~ouses.
32. Sale of major recreational equipment and vehiclas.
33. Wayside stands - vegetables and agricultural produce (reference 5.1.19).
34. Wholesale distribution.
ALBEMARLE COU3¥TY CODE
35. Electric, gas, oil and communication facilities excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other
applicable law. (Amended 5-12-93)
36.
Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, rreamaent
facilities, pumping stations and the like, owned and/or operated by the Rivmma Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
37. Temporary construction uses (reference 5.1.t8).
38. Indoor theatem:
39. Heating oil sales and distribution(reference 5.1.20).
40. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
41. Uses permitted by right pursuant to subsection 22.2.1 of section 22'.1, commercial, C:I.
(Added 6-19-91; Amended 9-9-92)
42. Indoor athletic facilities. (Added 9-15-93)
43. Farmem' market (reference 5.1.36). (Added 10-11-95)
44. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
24.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit approved by the board of
supervisors pursuant to section 31.2.4:
1. Commercial recreation establishment including but not limited to amusement centers, bowling
alleys, pool halls and dance halls. (Amended 1-1-83)
2. Septic tank sales and related service.
3. Livestock sales.
4. Veterinary office and hospital (reference 5.1.11).
5. Drive-in theaters (reference 5.1.08).
Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping smzmns and appurzenances; unmanned telephone exchange centers, micro-
wave and radio-wave transmission and relay rowers, substations and apparrenances (reference
5.1.12).
7. Hospitals, nursing homes, convelescen*, hur~es (reference 5.i.13).
8. Contractors' office and equipment storage yard.
18-24-3
Zoning Supplement #25, 2-5-03
ALBEMARLE COUNTYCODE
9. Auction houses.
10. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential - R-15, in compliance with regulations set forth therein, and such conditions as
may be imposed pursuant to section 31.2.4.
Commercial kennels - indoor only (reference 5.1.1 I). (Added I- 1-83)
11.
12. Stand alone parking and parking structures [reference 4.12, 5.1Al). (Added 11-7-84;
Amended 2-5-03)
13. Drive-in windows serving or associated with permitted uses. (Added 11-7-84; Amended 9-9-
92)
14. Uses permitted by right, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
6-14-89)
15. Warehouse facilities not permitted under section 24.2.1 (reference 9.0). (Added 6-19-91)
16. Animal shelter (reference 5.1.11 ). (Added 6-16-99)
24.3 MINIMUM FRONTAGE, SHAPE OF DISTRICT
Minimum frontage required on a public street for the establishment of an HC district shall be one
hundred and fifty (150) feet. Frontage of an HC district shall not exceed depth. This section shall
not apply to HC districts established at the adoption of the zoning map.
24.4 ADDITIONAL REQUIREMENTS
In addition to the requirements contained herein, the requirements of section 21.0, commercial
districts, generally, shall apply within all HC districts.
18-24-4
Zoning Supplement #25, 2-5-03
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~T EASTERN ~GEM~T COMP
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1~ ATTACHMENT D
Rivanna Realty, and Investment Company
3054-A BERIOdAR DRIVE CHARLOTTESVILLE VA 22901 434/974-73'7'~ FAX: 434/974-1909
Albemarle County Planning Commission
401 Mclntire Rd.
Charlottesville, VA 22902
3 -9-04
Dear Members of the Planning Commission,
This letter is to serve as a request for a one time modification of Section 5. t. 1 lb of the
County Code, calling for a separation of 200 feet between any soundproofed veterinary
office/hospital and the nearest agricultural or residentiaI lot line, as well as a noise limit
of 55 decibels when measured at the nearest lot line.
In the case of the SP-2003-58 and ZMA-2003-11, the proposed veterinary office/hospital
would be located 145+/- feet from the nearest lot line.
We believe that this request .is warranted due to the fact that the closest residential lot line
lies across Rio Rd.. and to the fact that traffic along Rio Rd. already produces an average
noise volume of 69 decibels (according to a sound meter test performed by John Jones on
Mamh 15, 2004) which exceeds the 55 decibel limit at the leu line in question. In
addition, there is currently an SP application for offices on the property in question
(presently zoned R-15), which if approved, would eliminate any residential lot lines from
being with the 200 foot limit.
Thank you for your consideration in this matter.
Best regards,
Gordon Giuliano
ATTACHMENT D
PROFFER FORM
ATTACHMENT E
Original Proffer
Amended Proffer ~
(Amendment ~ 1.00)
Date: 04/14/2004
ZMA # 2003-011
Tax Map and Parcel Number(s) 61-124A and 61 - 124B
5.608 Acres to be rezoned from PDMC to PDMC
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffem the
conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning
and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions: and (2) such conditions have a reasonable relation to the
rezoning request.
The original proffers of ZMA 1996-004 still apply to all of the remaining parcels within the PD-MC. Planned Development Mixed
Commercial zoning district For the lands subject to this zoning map amendment, the original proffers are amended to state as ~ollows:
a. All uses permitted under Section 23.2.1 of the Albemarle County Zoning Ordinance as it exists on April I4, 2004. a copy of which is
attached, shall be permitted by right.
b. Uses permitted under Section 23.2.2 of the Albemarle County Zoning Ordinance as it exists on April 14, 2004, a copy of which is
attached, shall be permitted only by special use permit.
2. Use of the property outside the Restricted Area shall include only:
a. All uses permitted under Section 23.2.1 of the Albemarle County Zoning Ordinance as it exists on April 14, 2004, a copy of which is
attached, shall be permitted by right;
b. Barber and beauty shops as permitted under Section 22.2. I .b2 and office and business machine sales and service as permitted under
Section 24.2.1.29 &the Albemarle County Zoning Ordinance as those sections exist on April 14, 2004, copies of which are attached, shall
be permitted by right provided such uses. when combined with those permitted under Section 23.2.1.6 of the Albemarle County Zoning
Ordinance as it exists on April 14, 2004. a copy of which is attache6, do not occupy more than rwemy (20) pement of the floor area of
buildings on the site
c. Uses permitted under Section 23.2.2 &the Albemarle County Zoning Ordinance as it exists on April 14, 2004, a copy of which is
attached, shall oe permitted only by special use permit~
d. Uses permitted under Section 24.2.2.4 &the Albemarle County Zoning Ordinance {Veterinary office and hospital1 as [t exists on April
14. 2004. a copy of which is attached, shall be permitted only by special use permit.
S gnamre of Attorney-in-Fact
OR
Printed Name of Attorney-in-Fact
ATTACHMENT E
PROFFER FORM
Original Proffer ~
Amended Proffer [7]
(Amendment ~ [ .00 )
Date: 04/14/2004
ZMA # 2003-011
Tax Map andParcel Number(s) 61-124A and 61-124B
5.608 Acres to be rezoned fi'om PDMC to F'DMC
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the
conditions listed below which shall be applied to the property, if mzoned. These conditions are proffered as apart of the requested rezoning
and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and C2) such conditions have a reasonable relation to the
rezoning request_
The original proffers of ZMA 1996-004 still apply to all of the remaimng parcels within the PD-MC, Planned Development Mixed
Commercial zoning district. For the lands subject to this zoning map amendment, the original proffers are amended to stare as follows:
1. Use of the property designated as the Restricted Area on the Sketch Plan hereto (hereinafter the 'Restricted Area") shall include 0nly:
a. All uses permitted under Section 23.2.1 of the Albemarle County Zoning Ordinance as it exists on April 14, 2004, a copy ofwhinh is
attached, shall be permitted by right
b. Usespermitted under Section 23.2.2 oftbe Albemarle Comnty Zoning Ordinance as it exists on April 14, 2004, a copy of which is
attached, shall be permitted only by special use permit.
2. Use of the property outside the Restricted Area shall include only:
a. All uses permitted under Section 23.2.1 of the Albemarle County Zoning Ordinance as it exists on April 14, 2004, a copy of which is
attached, shall be permitted by right.
b. Barber and beauty shops as permitted under Section 22.2.1.b2 and office and business machine sales and service as permitted under
Section 24.2.1.29 of the Albemarle County Zoning Ordinance as those sections exist on April 14, 2004, copies of which am attached, shall
be permitted by right provided such uses, when combined with those permitted under Section 23.2.1.6 of the Albemarle County Zoning
Ordinance as it exists on April 14, 2004, a copy of which is attached, do not occupy more than twenty (20) percent of the floor area of
buildings on the site.
c. Uses permitted under Section 23.2.2 of the Albemarle County Zoning Ordinance as it exists on April 14, 2004, a copy of which is
attached, shall be permitted only by special use permit.
d. Uses permitted under Section 24.2.2.4 of the Albemarle County Zoning Ordinance (VeterinaD' office and hospital) as it exists on April
14, 2004, a copy of which is attached, shall be permitted only by special use permit.
Signatttm of Attorney-in-Fact
(Attach Proper Power of Attorney)
OR
Printed Name of Attorney-in-Fact
22.1
22.2
22.2.1
22.2.2
22.3
CHAPTER 18
ZONING
SECTION 22
COM1VIERCIAL - C-I
INTENT, WHERE PERMITTED
PERMITTED USES
BY RIGHT
BY SPECIAL USE PERMIT
ADDITIONAL REQUIREMENTS
22.1 INTENT, WHERE PERMITTED
C-1 districts are hereby created and may hereafter be established by amendment to the zoning map
m permit selected retail sales, service and public use establishments which are primarily oriented
to central business concentrations. It is intended that C-1 districts be established only within the
urban area, communities and villages in the comprehensive plan. (Amended 9-9-92)
22.2 PERMITTED USES
22.2. 1 BY RIGHT
The following uses shall be permitted in any C-1 district subject to the requirements and
limitations of these regulations. The zoning administrator, after consultation with the director of
planning and other approprmte officials, may permit as a use by right, a use not specifically
permitted; provided that such use shall be similar to uses permitted by right in general character
and more specifically, similar in terms of locatiana] requirements, operational characteristics,
visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as
generally provided in section 34.0.
a. The following retail sales and service establishments:
1. Antique, gift, jewelry, notion and craft shops.
2. Clothing, apparel and shoe shops.
3. Deparrmen[ store.
4. Drug store, pharmacy.
5. Florist.
6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary
and wine and cheese shops.
7. Furniture and home appliances (sales and service).
8. Hardware store.
9. Musical instruments.
10. Newsstands, magazines, pipe and tobacco shops.
11. Optical goods.
12. Photographic goods.
13. Visual and audio appliances.
14. Sporting goods.
15. Retail nurseries and greenhouses.
The following services and public establishments:
1. Administrative, professional offices.
2. Barber, beauty shops.
3. Churches, cemeteries.
4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
5. Financial institutions.
6. Fire and rescue squad stations (reference 5.1.09).
7. Funeral homes.
8. Health spas.
9. Indoor theaters.
10. Laundries, dry cleaners.
11. Laundroara! (provided that an attendant shall be on duty at all hours during operation).
12. Libraries, museums.
13. Nurseries, day care centers (reference 5.1.06).
14. Eating establishments.
15. Tailor, seamsu:ess
t6. Automobile service stations (reference 5. t .20).
17. Electric, gas. oil and communication facil~ities excluding tower structures and including
poles, lines, transformers, p~pes, meters and related facilities for distribution of tocal
service and owned and operated by a public utility. Water distribution and sewerage
collection lines, pumping stations and appurtenances owned and operated by the
Albemarle County Service Authority. (Amended 5-2-93)
18.
Public uses and buildings including temporary Or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines
treatment facilities, pumping stations and the like, owned and/or operated by the
Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-9)
19. Temporary construction uses (.reference 5.1.1).
20. Dwellings (reference 5.1,21).
21. Medical center
22. Automobile, truck repair shop excluding body shop, (Added 6-3-g 1; Amended 9-9-92)
23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-6)
24. Indoor athletic facilities. (Added 9-15-93)
25. Farmers' market (reference 5.1.36). (Added 10-11-95)
26. Stormwater management facilities shown on an approved f'mal site plan or subdivision plat.
(Added 10-9-02)
22.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit approved by the board of
supervisors pursuant m section 31.2.4:
Commercial recreation establishments including but not limited m am~/sement centers,
bowling alleys, pool halls and dance halls. (Amended 1-1-83)
Electrical power substations, transmission lines and related towers; gas or oil ~'ansmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-
wave and radio-wave transmission and relay towers, substations and appurtenances.
3. Hospitals
4. Fast food restaurant.
5. Veterinary office and hospital (reference 5.1.11 ).
Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential - R-15, ia compliance with regulations set forth therein, and such conditions as
may be imposed pursuant to section 31.2.4.
7. Hotels, motels and inns,
8. Motor vehicle sales and rental in communkies and the urban area as designated ia the
comprehensive plan. (Added 6-I-83)
9. Stand alone parking and parking so-ucmres (reference 4.12, 5.1.41). (Added t I-7-84;
Amended 2-5-03)
l0 Drive-in windows serving or associated with permitted uses. (Added 11-7-84; Amended 9-9-
92~
ALBEMARLE COUNTYCODE
11. Uses permitted by right, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
6-14-89)
12. Body shop. (Added 9-9-92)
13. Animal shelter (reference 5.1.11 ). (Added 6-16-99).
22.3 ADDITIONAL REQUIREMENTS
In addition to the requirements contained herein, the requirements of section 21.0, commercial
districts, generally, shall apply within alt C-1 districts. (Amended 3-17-82; 7-10-85)
8-22-4
Zoning Supplement #25, 2-5-03
Sections:
CHAPTER 18
ZONING
SECTiO?-I 23
COtVlMERCIAL OFFICE - CO
23.1 INTENT, WHERE PERMITTED
23.2 PERMITTED USES
23.2.1 BY RIGHT
23.2.2 BY SPECIAL USE PERMIT
23.3 ADDITIONAL REQUIREMENTS
23.1 INTENT, WHERE PERMITTED
CO districts are hereby created and may hereat~er be established by amendment to the zoning map
to permit development of administrative, business and professional offices and supporting
accessory uses and facilities. This district is intended as a transition between residential districts
and other more intensive commercial and industrial districts.
23.2 PERMITTED USES
23.2.1 BY RIGHT
The following uses shall be permitted in any CO district, subject [o the requirements and
limitations of these regulations:
1. Administrative and business offices.
2. Professional offices, including medical, dental and optical.
3. Financial institutions.
4. Churches. cemeteries.
5. Libraries, museums.
6. Accessory uses and structures incidental to the principal uses provided herein. Such uses m
combination shall not occupy more that twenty (20) percent of the floor area of buildings on
the site. The following accessory uses shallbe permitted:
-Eating establishments:
-Newsstands;
-Establishments for the sale of office supplies and service of office equipment;
-Data processing services;
-Central reproduction and mailing services and ~e l~e;
18-23-1
Zoning Supplement #25.2-5-03
-Ethical pharmacies, laboratories and establshrnents for the production, firing and/or sale of
optical or prosthetic appliances on sites containing medical, dental or optical offices; ?~
-(Repealed 3-17-82)
-Sale/service of goods associated with the principal use such as, but not limited m: musical
instruments, musical scores, text books, artist's supplies and dancing shoes and apparel.
(Added 12-3-86)
Electric, gas, oil and communication facilities, excluding tower structures and incindingpoles,
lines, transformers, pipes, meters and related facilities for dislxibutinn of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other
applicable law. ~(Amended 5-12-93)
Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
9. Temporary construction uses (reference 5.1.18).
10. Dwellings (reference 5.1.21). (Added 3-17-82)
11. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
12. Day care, child care or nursery facility (reference 5.1.6). (Added 9-9-92)
13. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-01)
23.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit approved kby the board of
supervisors pursuant to section 31.2.4:
1. Hospitals.
2. Funeral homes.
Electrical power substations, a'ansmission lines and related rowers; gas or oil ~ansmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-
wave and radio-wave transmission and relay towers, substations and appurtenances.
Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11~%84;
Amended 2-5-035
5. Commercial uses otherwise permitted having drive-in windows (Added 1 I-7-84)
6. School of special instruction. (Added 1-1-87)
7. Clubs, lodges, civic, fraternal, palriotic (reference 5.1.2). (Added 1-1-87'}
8. Uses permitted by right, not served by publ c water? involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uges permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
6-14-89)
9. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential R-15. in compliance with regulations set forth therein and such conditions as may
be imposed pursuant to section 31.2.4. (Added 6-19-91)
I0. Hotels, motels and inns (reference 9.0). (Added 6-19-91)
11. Supporting commercial uses (reference 9.0). (Added 6-19-91)
12. Research and development activities including experimental testing. (Added 6-19-9t)
13. Laboratories, medical or pharmaceutical. (Added 6-10-92)
14. Indoor athletic facilities. (Added 9-15-93)
23.3 ADDITIONAL REQUIREMENTS
In addition to the requirements contained herein, the requirements of section 21.0, commercial
districts, generally, shall apply within all CO districts.
Sections:
24.1
24.2
24.2.1
24.2.2
24.3
24.4
CHAPTER 18
ZONING
SECTION 24
HIGHWAY COMMERCIAL - HC
INTENT, WHERE PERIVflTTED
PERMITTED USES ~ ~
BY RIGHT
BY SPECIAL USE PERMIT
MINIMUM FRONTAGE, SHAPE OF DISTRICT
ADDITIONAL REQUIREMENTS
24.1 INTENT, WHERE PERMrvrED
HC districts are hereby created and may hereafter be established by amendment to the zoning map
m permit development of commercial establishments, other than shopping centem, primarily
oriented to highway locations rather than to central business concenwatiuns. It is intended that HC
districts be established on major highways within the urban area and communities in the
comprehensive plan. It is further intended that this district shall be for the purpose of limiting
sprawling strip commercial development by providing sites with adequam frontage and depth to
permit controlled access to public streets.
24.2 PERMITTED USES
24.2.1 BY RIGHT
The following uses shall be permitted in any HC district subject to the requirements and
limitations of these regulations. The zoning administrator, after consultation with the director of
planning and other appropriate officials, may permit, as a use by right, a use not specifically
permitted; provided that such use shall be similar to uses permitted by right in general character,
and mom specifically, similar in terms of locational requirements, operational characteristics,
visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as
generally provided in section 34.0.
1. Automobile laundries.
2. Automobile, truck repair shops.
3. Automobile service stations (reference 5.1.20).
4. Building materials sales
5. ChurcSes. cemeteries.
6. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2).
7. Convenience stores.
18-24- I
ALBEMARLE COU]VTY CODE
8. Educational, technical and trade schools.
9. Factory outlet sales - clothing and fabric.
10. Feed and seed stores (reference 5.1.22).
11. Financial institutions.
12. Fire extinguisher and security products, sales and service.
13. Fire and rescue squad stations (reference 5.1.09).
14. 'Funeral homes.
15. Furniture stores.
16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and
wine and cheese shops.
17. Home and business services such as grounds care, c caning, exterminators, landscaping and
other repair and maintenance services.
18. Hardware.
19. (Repealed 6-3-81)
20. Hotels, motels and inns.
21. Light warehousing.
22. Machinery and equipment sales, service and rental.
23. Mobile home and trailer sales and service.
24. Modular building sales.
25. Motor vehicle sales, service and rental.
26. New automotive parts sales.
27. Newspaper publishing.
28. Administrative, business and professional offices.
29. Office and business machines sales and service.
30. Eating establishment; fast food restaurants.
3 i Retail nurseries and greer~nouses.
32. Sale of major recreational equipment and vehicles.
33. Wayside stands - vegetables and agricultural t~roduce (reference 5.1.19).
34. Wholesale distribution.
ALBEMARLE COUNTY CODE
35.
Electric, gas, oil and communication facilities excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other
applicable law, (Amended 5-12-9_;)
36.
Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatmem
facilities, pumping stations and the like, owned and/or operated by the Rivarma Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
37. Temporary construction uses (reference 5.1.18).
38. Indoor theaters:
39. Heating oil sales and distribution (reference 5.1.20).
40. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial, C-1.
(Added 6-19-91; Amended 9-9-92)
42. Indoor athletic facilities. (Added 9-15-93)
43. Farmers' market (reference 5.1.36). (Added 10-11-95)
44. Stormwater management facilities shown on an approved fmal site plan or subdivision plat.
(Added 10-9-02)
24.2.2 BY SPECIAL USE PERMIT
~e following uses shall be permitted only by special use permit approved by the board of
supervisors pursuant to section 31.2.4:
1. Commercial recreation establishment including but not limited to amusement centers, bowling
alleys, poolhalls and dance halls. (Amended 1-1-83)
Septic tank sales and related service.
3. Livestock sales.
4. Veterinary office and hospital (reference 5.1.11).
5. Drive-in theaters (reference 5.1.08).
Electrical power substations, ~'ansmission lines and related towers; gas or oil transmission
lines, pumping s.:atiens and appurtenances; unmauned teiepnone exchange canters, micro-
wave and radio-wave transmission and relay towers, substations and appurtenances (reference
5.1.12).
7. Hospitals, nursing homes, convalescent hermes (referer. ce 5.1.t3'~.
8. Contractors' office and equipment storage yard.
18-24-3
Zoning Supplement #25, 2-5-03
ALBEMARLE COUNTYCODE
9. Auction houses.
10. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential - R-15, in compliance with regulations set forth therein, and such conditions as
may be imposed pumuant to section 31.2.4.
11. Commercial kennels - indoor only (reference 5,1.1 I). (Added 1- 1-83)
12. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added t I-7-84;
Amended 2-5-03)
13. Drive-in windows serving or associated with permitted uses. (Added 11-7-84; Amended 9-9-
92)
14. Uses permitted by right, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uses permitted by right, aot served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
6-14-89)
15. Warehouse facilities not permitted under section 24.2.1 (reference 9.0). (Added 6-19-91)
16. Animal shelter (reference 5.1.11). (Added 6-16-99)
24.3 MINIMUM FRONTAGE, SHAPE OF DISTRICT
Minimum frontage required on a public Street for the establishment of an HC district shall be one
hundred and fifty (150) feet. Frontage of an HC district shall not exceed depth. This section shall
not apply to HC districts established at the adoption of the zoning map,
24.4 ADDITIONAL REQUIREMENTS
In addition to the requirements contained herein, the reqmremanrs of section 21.0, commercial
districts, generally, shall apply within all HC districts.
18-24-4
Zoning Supplement #25. 2-5-03
ORDINANCE NO. 04-3(2)
AN ORDINANCE TO AMEND AND REORDAIN ARTICLE I], DISTRICTS OF ST3~i'EWIDE
SIGNIFICANCE, OF CHAFI'ER 3, AGRICULTURAL AND FORESTAL DISTRICTS, OF THE CODE
OF THE COUNTY OF ALBEMARLE, VIRGINIA_
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, ttmt Article 1/,
Districts of Statewide Significance, of Chapter 3, Agricultural and Fores[al Districts, of the Code of the
County of Albemarle, Virginia, is h~reby amended and reordained as follows:
By Amending:
Section 3-212 Eastham Agricultttral and Fores[al Dishfict
Section 3-223 No~h Fork Moorman's River AgiScultural and Forestal District
Section 3-225 Pasture Fence Mom Agdcullxtral and Forestal District
ARTICLE Il. DISTRICTS OF STATEWIDE SIGNIFICANCE
DIVISION 2. DISTRICTS
Sec. 3-212 Eastham Agricultural and Fores[al District
The district known as the "Eastham Agricultt~ral and Forestal Dis[dot" consists of the following
described properties: Tax map 63, parcels 1, lA, iAI, 2, 4, 14G, 14H, 141. 26, 26A, 27, 28, 28A, 30F,
30G, 4IA, 41Al, 41A2 This district, created on October 2, 1985 for not more than [0 years and last
reviewed on April 14, 2000, shall next be reviewed prior to April 14, 2014.
(12-8-93; 5~11-94; Code 1988, § 2.1-4(c); Ord. 98-A(1), 8-5-98; Ord. 04-3(2), 4-14-04)
Sec. 3-223 North Fork Moorman's River Agricultural and Fores[al District.
The district known as the "North Fork Moorman's River Agricultural and Forestal District"
consists of the following described properties: Tax map 4, parcels 1, 2, 3, 4. This district, created on
November 17, 1993 for not more than 10 years and last reviewed on April 14, 2004, shall nM be
reviewed prior to April 14, 2014.
( [1-17-93; Code 1988, § 2.14(v); Ord. 98-A(I), 8-5-98; Ord. 04-3(2), 4-14-04)
Sec. 3-225 Pasture Fence Mountain Agricultural and Fores[al District.
The district known as the "Pasture Fence Mountain Agricultural and Forestat District" consists of
the following descaSbed properties: Tax map 13, parcels 1, 5, g, 10, 12. Tiffs district, created on
November 17, 1993 for nor more than 10 years and last reviewed on April 14, 2004, shall next be
reviewed prior to April 14, 2014.
(11-17-93; 7-13-94; Code 1988, § 2.1-4(u); Ord. 98-A(1), 8-5-98; Ord. 04-3(2), 4-14-04)
I, Ella W. Carey, do hereby certify that the foregoing writing is a rme, correct copy of an Ordinance duly
adopted by the Board of Supeyvisors of Albemarle County, Vkginia, by a vote of si~_ to zero. as recorded
below, au a regular meeting held on April 14. 2004.
Aye
Mr. Bowerman X
Mr. Boyd X
Mr. Dorrier X
Mr. Rooker X
Ms. Thomas X_
Nay
Ci~ BTr~rd of ~u~y Supe~4so~rs
ATTACHMENT B
January 29, 2004
County of Albemarle
Board of Supervisors
401 Mclntire Rd.
Room 218
Charloaesville, VA 22902-4596
Dear Sirs:
We recently received a notification concerning the Agricultural and Forestal Districts from the
Planning Department. After reviewing the notice we would like to withdraw Parcel 4 of Tax
Map 13 from the Pasture Fence Mountain Agriculturat/Forestal District.
We have no plans to change the use of this property and there seems to be very little incentive to
impose unnecessary reslrictions on it.
Thanks for your cooperation.
Sincerely,
~--Morris, Brenda S. Morris, Jared P. Morris
4444 Blufton Road
Crozet, VA 22932
03-02-04P09:44 RCVD
REVIEW OF THE NORTH FORK MOORMAN~S RIVER, PASTURE FENCE MOUNTAIN~
AND EASTHAM AGRICULTURAL AND FORESTAL DISTRICTS
Staff Contact:
Planning Commission:
Board of Supervisors:
Rebecca Ragsdale
March 16, 2004
April 14, 20O4
Purpose: The Agricultural and Forestal Districts program is an xmportant voluntary protection measure
utilized in the County. It is enabled by state law and adopted by the Board of Supervisors in Chapter 3 of
the County Code. Tlu-ough the program, rural land is safeguarded mtd the County's policy goal of
protecting "Albemarle's agricultural and forests as a resource base for its agricultural and foreslry
industries and for related benefits they contribute towards the Coumy's rural character, scemc quality,
natural environment, and fiscal health" is implemented. The purpose of an Agricultural and Forestal
District is further expanded in the County Code, adding that agricultural and forestal lands should be
protected as valuable natural and ecological resources which provide essential open space fox' clean air
sheds, watershed protection, wildlife habitat, as well as for aesthetic purposes.
Effects ora District:
The District provides a community benefit by conserving and protecting farmlands and forest;
environmental resources such as watersheds, air quality, open space, and wildlife habitat; and
scenic and historic resources.
The State Code stipulates that the landowner receive certain tax benefits*, and restrictions on
public utilities and government action (such as land acquisition and local nuisance laws) to
protect the agricultural/ forestal use of the land. In exchange, the landowner agrees not To
develop the property to a "more intensive use" during the specified number of years the district is
in effect.
* Since Albemarle County currently permits ali four categories of use value assessment, a district designation
may not provide may additional real estate tax deductions. Land in a district is protected from special utility
assessments or taxes.
The State Code stipulates that, "Local ordinances, comprehensive plans, land use planning
decisions, administrative decisions and procedures affecting parcels of land adjacent to any
district shall take into account the existence of such a district and the purposes of this chapter."
The district may have no effect on adjacent development by-right, but could restrict proposed
rezonings or uses by special use permit which are determined to be in conflict with the adjacent
agricultural/forestal uses. Districts must now be shown onthe official Comprehensive Plan map
each time it is updated.
In general, a district may have a stabilizing effect on land use. The property owners in the district are
making a statement that they do not intend to develop their property in the near future, and that they
would like the area to remain in agricultural and forestal uses. Adjacent property owners may be
encouraged to continue agricultural uses if they do not anticipate development of adjacent lands.
Currently, there are 24 agricultural/forestal districts in the County containing approximately 67,000 acres.
Renewal Procedure: In conducting a review, the Board shall ask for the recommendations of the local
Advisory Committee and the Planning Commission in order to determine whether to terminate, modify,
or continue the district.
The Board may stipulate conditions To continue the district and may establish a time period before the
next rewew of the district, which may be different from the conditions or period established when the
district was created. Any such different conditions or period must be described in a notice to landowners
in the district, and published in a newspaper al least two weeks prior to adoption of the ordinance
continuing the district.
Unless the district is modified or terrmnated by the Board of Supermsors, the district shall continue as
eriginally constituted, with the same conditions and time period before the next review as were
established when the district was created.
When each d/strict is reviewed, land within the district may be withdrawn at the owner's discretion by
filing a ~witten notice with the Board of Supervisors at any time before the Board acrs [o continue,
modify, or terminate the district.
NORTH FORK MOO~~S RIVER AGRICULTURAL/FORESTAi, DISTRICT
The North Fork Moorman's River District was created on November 17, 1993, and/ncluded 270.48 acres.
There have been no additions or withdrawals since its creation. However, landowners may withdraw
their parcels from dislricts by right during a review at anytime before the Board of Supervisors takes final
action to continue, modify, or tcmuinare the district. At this t/me, there have becm no requests to withdraw
from the district.
Location: The disthct is located/n the northwestern portion of the county, north of Via Gap Trail, Cedar
Mountain Trial, and CCC Road. (See Attachmcmt B)
Acreage: Thcre have been no changes in acreage and currently the district is 270.48 acres.
The County Code currently contains this description of the District:
Sec. 3-223 North Fork Moorman's River Agricultural and Forestal District.
The district known as the "North Fork Moorman's River Agricultural and Forestal
District" consists of the following described properties: Tax Map 4, parcels 1,2,3,4. This district,
created on November 17, 1993, for not more than 10 years, shall next be reviewed prior to
November 17, 2003.
(11-17-93; 2-14-96; Code 1988, § 2.14(v); Ord. 98-A(1), 8-5-98)
This description has been checked against staff's records and is accurate.
Time Period: The district is currently on a 10-year review cycle. This is consistent with County policy of
establishing a 10-year review schedule (the rnaximum) for all districts and staff does not recommend any
changes.
Agricultural and ForestaI Disirict Significance: 270.48 acres, the entire district, are enrolled in the
Forestry category of the land-use taxation program. The Pasture Fence Mountain Agricultural/Forestal
District is located less than a half-nfile south of this District. Also, mediately surrounding the District is
the Shenandoah National Park.
This District helps [o preserve important water resources. The North Fork Moorman's River flows
through this District and into the Moorman's River. The Moorman's River is parr of the South Fork
Rivanna River watershed. It has been designated as an exceptional water from its headwaters, including
its North and South Forks. The North and South Forks are also designated as natural trout streams by the
Depanmem of Enviromnenta] Quality.' Continued protection of the Moorman's River is an objective of
the County.
Land Use other than Agriculture and Foresaw: The District is entirely forested and does not include any
other land-uses~
Local Development Patterns: Immediately surrounding the disWict are large wooded mountainous parcels.
There does not appear to be any substantial residential development potential due to the steep, remote
conditions of the parcels.
3
Comprehensive Plan and Zoning Regulations: The North Fork Moorman's River District is located within
Rural Area 1 of the Comprehensive Plan and ali parcels are zoned RA (Rural AreasJ. There are no
development areas proximate to this district.
The Open Space Plan shows this area to have important forests, major stream Calleys, mountains, and
critical slopes greater than 25%. It identifies the mountains as one of four major opens space systems
which are the most important to protect, as they serve several functions and provide multiple benefits.
Specifically, mountains include resources such as critical slopes, scenic views, wildlife habitat, forests,
unique soils, and headwaters.
The properties in the North Fork Moorman's River District are included in the Mountain Overlay District
and are defined by elevations of 1000 or greater, as identified in the Mountain Protection Plan. Keeping
these properties in an Agricultural and Forestal District may help protect mountain resources, which the
plan seeks to preserve.
Environmental Benefits: Conservation of this area maintains the environmental integrity of the County
and a/ds in the protection of ground and surface water, wildlife habitat, critical slopes, and mountain
resources.
Agricultural and Forestal Advisory Committee Recommendation: The Advisory Committee discussed
this District at their March 1, 2004 meeting and recommended renewal of the district.
Planning Commission Recommendation: The Planning Commission reviewed this District at their March
16, 2004 meeting and unanimously recommended renewal of the District.
StaffRecommendation: Staffrecommends renewal of this District with a 10-year review period.
PASTIfRE FENCE MOUNTAIN AGRICULTURAL/FORESTAL DISTRICT
The Pasture Fence Mount,'fm District was created on November 17, 1993, and included 870.42 acres. The
table below summarizes the history of the District:
11-17-93 District Created/870.42 acres
7-13-94 Addition/453.50 acres
Total/i,323.92
Landowners may withdraw their parcels from Districts by right during a review. One request has been
made and is indicated below:
· Owners of Tax Map 13, parcel 4 OVfr. Ronald P. Morris, Ms. Brenda S. Morris, and Mr.
Jared P. Morris) have requested to withdraw the 77-acre parcel from the District. (See
Attachment C)
Location: The Pasture Fence Mountain District is located in the northwestern portion of the county, west
of Turks Land and CCC Road. Portions of the District are located along Black Rock Gap Road, Joe
Harris Trail, Pasture Fence Mountffm Trail, and Cedar Mountain Trail. (See Attachment B)
Acreage: The District includes 1,323.92 acres in six parcels. With the requested withdrawal, it would be
reduced to 1,246.92 acres.
Tire County Code currently contains this deschpfion of the D/strict:
Sec. 3-225 Pasture Fence Agricultural and Forestal District.
The disWiet known as the "Pasture Fence Agricultural and Forestal District" consists of
the following described properties: Tax Map 13, parcels 1, 4, 5, 8, 10, 12. This District, created
on November 17, 1993, for not more than 10 years, shall next be reviewed prior to November 17,
2003.
(11-17-93; 7-13-94; Code 1988, § 2.1-4(u); Ord. 98-A(1), 8-5-98)
This description has been checked against staff's records and is accurate but will have to be revised to
reflect the withdrawal of Tax Map 13, Parcel 4.
X/me Period: The District is currently on a 10-year review cycle. This is consistent with County potty of
establishing a 10-year review schedule (the maximum) for all districts and staff does not recommend any
changes.
A~ficultural and Forestal District Significance: 451 acres are enrolled in the Agriculture category of the
use-value taxation program and 851 acres are enrolled in the Forestry category. The North Fork
Moorman's Agricultural District is located immediately north of the District and the Shenandoah National
Fark is adjacent to the west of the District.
This District helps ~o preserve important water resources. The North Fork Moorman's River flows
through this Dis~ct and into the Moorman's River. The Moorman's River is part of the South Fork
Rivarma R/ver watershed. It has been designated as an exceptional water from/ts headwaters, including
its North and South Forks. 3~he North and South Forks are also designated as natural trout streams by the
Department of Environmental Quality. Continued protection of the Moorman's River is an objective of
the County.
Land Use other than Agriculture and Forestry: The majority of the District is in agricultural and forests
lands. The District includes one acre of that does not qualify for use-value taxation.
Local Development Patterns: Immediately surroun(fmg the District are wooded mount*fmous parcels.
There does not appear to be any substantial residential development potential due to the steep, rcuuote
conditions of the parcels in the d/strict
Comprehensive Plan and Zoning Re~ulatious: The Pasture Fence Mountim District is located witlfm
Rural Area 1 of the Comprehensive Plan and all parcels are zoned RA (Rural Areas). There are no
development areas proximate to the District.
The Open Space Plan shows tl~s area to have important forests, major stream valleys, mountains, and
critical slopes greatar than 25%. It identifies the mountims as one of four major opens space systems
which are the most important to protect, as they serve several functions and provide multiple benefits.
Specifically, mountains include resources such as critical slopes, scenic views, wildlife habitat, forests,
unique soils, and headwaters.
The properties in the Pasture Fence Mountain District are included in the Mountain Overlay District and
are defined by elevations of i000 or greater, as identified in the Mountain Protection Plan. Keeping these
properties in an agricultural and forestal district may help protect mountain resources, which the plan
seeks to preserve.
Environmental Benefits: Conservation of this area maintains the environmental integrity of the County
and aids in the protection of ground and surface water, wildlife habitat, critical slopes, and mountain
resources
Agricultural and Forestal Advisory Committee Recommendation: The Advisory Committee discussed
this District at their March 1, 2004 meeting and recommended renewal of the district, including the
withdrawal of the Moms property.
Planning Commission Recommendation: The Planning Commission reviewed this District at their March
16, 2004 meeting and unanimously recommended renewal of the District, inclucrmg withdrawal of the
Morris proper[y.
Staff Recommendation: The withdrawal of the Moms property does not result in fragmentation or
adverse effects to the District. Staff recommends renewal of this District with a 10-year review period and
with the noted withdrawal of the Morris property.
EASTHAM AGRICITLTURALfF ORESTAL DISTRICT
The Eastham District was created on October 2, 1985, an~ included 764.75 acres. The table below
summarizes the history of the District:
10-02-85 District Created/764.75 acres
10-13-93 Review/587.30 acres
12-08-93 Add/tion/135.19 acres
5-11-94 Addition/178.09 acre~
TotaI/900.58 acres
Landowners may withdraw their parcels from districts by fight during a review at anytime before the
Board of Supervisors takes action to continue, modify, or terminate the district. At this time, there have
been no requests to withdraw from the district.
Location: The Eastham District is located adjacent to Stony Point Road (Route 20) on the eastern and
western sides and also along Hammocks Gap Road (Route 612) and Lonesome Mountain Road (Route
610). (See Attachment D)
Acreage: Currently the District consists of 900.58 acres in 18 parcels.
The County Code currently contains this description of the Distr/ct:
Sec. 3-212 Eastham Agrienlmral and Forestal District,
The district known as the "Eastham Agricultural and Forestal District" consists of the
following described properties: Tax map 63, parcels 1, IA, iA1, 2, 4, 14G, 14H, 141, 26, 26A,
27, 28, 28A, 30F, 30G, 4lA, 41Al Tkis district, created on October 2, 1985 for not more than
10 years and last reviewed on May 11, 1994, shall next be reviewed prior to May 11, 2004.
(12-8-93: 5-11-94; Code t988, § 2.1-4(c); Ord. 98~A(1), 8-5-98)
This description has been checked against staff's records and is accurate, with one exception:
· Tax Map 63 Parcel 41A2 is not included in the code description. It was created as a permissible
subdivision from Tax Map 63 Parcel 4lA, and the land remained in the District, this parcel will
need to be added to The Code description during the review.
Time Period: The District is currently on a 10-year review cycle. This is consistent with County policy of
establishing a i O-year review schedule (the maximum) for all districts and staff does not recommend any
changes.
Agricultural and Forestal Si~mificance: 587.19 acres of the District are contained in open space
easements. 136.76 acres are enrolled in the Agriculture category of the use-value taxation program, and
141.27 acres are enrolled in the Forestry category.
Land Use other than Agriculture and Forestry: The majority of the Dislrict appears to be in forest or open
agricultural lands. The District does include 35.58 acres of uses that do not qualify for use-value taxation.
Local Development Patterns: The surrounding area has a mix of residential subchvision lots and
moderate- to large-sized farm and forest parcels.
Comprehensive Plan and Zoning Regulations: The Eastham District is located within Rural Area 2 of the
Comprehensive Plan and all parcels are zoned RA (Rural Areas). The nearest Development Area to this
District is Neighborhood Three, located approximately two m/les south of the District.
The Open Space Plan shows this area To have important stream valleys and some critical slopes, is
partially located along a scenic highway, and is at the western foot of the Southwest Mountains. The
Southwest Mountains are recognized as a National and State Historic District.
Environmental Benefits: Conservation of this area maintains the environmental integrity of the County
and aids in the protection of ground and surface water, wildlife habitat, critical slopes, the b_istoric
landscape, and open space.
AmScultural and Forestal Advisory Committee Recommendation: The Advisory Committee discussed
this District at their March 1, 2004 meeting and recommended renewal of the district
Planning Comm/ssion Recommendation: The Planning Commission reviewed this District at their March
16, 2004 meeting and unanimously recommended renewal of tb/s District.
StaffRecommendation: Staff recommends renewal of this District w/th a 10-year rewew period
ATTACHMENTS
A. MAP OF THE PASTURE FENCE MOLrNTAIN AND NORTH FORK MOORMAN'S RIVER
AGRICULTURAL AND FORESTAL DISTRICTS
B. LETTER REQUESTING WITHDRAWAL OF THE MORRIS PROPERTY,
TAX MAP 13, PARCEL 4
C. MAP OF EASTHAM AGRICULTURAL AND FORESTAL DISTRICT
8
ATTACHMENT A
0 0.25 0.5 1 1.5
Aerial Imagev. ¢ 2002 Commonwealth of Virginia
2
Miles
Mountain &
Fork Moorman's River AF Districts
Parcels
;;~*?:~ Pasture Fence Mountain
~North Fork Moorman's River
Morris Withdrawal (PFM)
~._ RhRn~ndn~h NP
ATTACHMENT C
0 0.125 0.25 0.5
0.75 1
Miles
~astham AF Distric1
~strict I!
Planning District Commission
Regional planning linking transportation, land use, economy & environment
F]ECE VED
APR 1 2
County of All~emarle
County Executive's Office
City of Charlottesville
Craig Barton
Kevin Lynch, Vice-Chak
Albemarle County
Sally H. Thomas
David Wyant
Fiuvanna County
Norma Hutaer
Grant'Fate
Greene County
Jeri Allen, Chair
Philip Arias
Louisa County
David B. Morgen, M.D.
Eric Purcell
Nelson County
Fred Boger
Connie Brennan
Executive Director
Hardson B. Rue
MEMORANDUM
TO:
CC:
FROM:
DATE:
RE:
Bob Tucker
Mark Graham, Wayne Cilimberg
Harrison Rue
April 9, 2004
29H250 Phase 2 Presentation
The 29H250 project team is completing technical and economic analysis
for the three concept options presented in previous months. A public
workshop is being scheduled for April 29m from 6:30-9:00pm to present~,
~e detailed design solutions, analysis, and visualizations. We are asking
all policymakers to be in attendance to hear the full analysis and request
your assistance in extending invitations. We will be doing a broad public
advertising campaign, but request your assistance in posting the normal
notice of Board presence. Supervisors and City Councilors will not be
expected to sit together, nor take any action at this workshop.
Shortly after the workshop, the draft report will be distributed for review
and comment. We will be looking to you to inform us what additional
follow up is needed, which can include us coming to a Board meeting to
present a summary and answer questions. Although it is likely that no
major funding will be requested for Phase 2 improvements until the
analysis of the entire corridor is completed, Supervisor endorsement of all
or part of the solutions would be ideal. As you know, we are working with
VDOT and your staff on pla~'mg the Phase 3 project, which will be
closely coordinated with the Northern Development Areas Master Plan
process.
Several work sessions will be taking place prior to the 29t~, including
reviews by the project management team, and the Business Study Steering
Committee. Meetings are also continuing with developers of the study
area properties.
Let me know if you have any questions. I look forward to hearing from
you.
300 East Main Street. P.O. Box 1505. Charlottesville. VA 22902-I505
Telephone (434'~ 979-7310 Fax 1434) 979-1597 Virginia Relay Users: 711 (TDD)
email: info@tjpdc,org/web site: www.tjpdc.org
PHILIP A. SHUCET
COMMISSIONER
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF TRANSPORTATION
1601 ORANGE ROAD
CULPEPER VIRG NIA 22701
MORTEZA SALEHI
DISTRICT ADMINISTRATOR
RECEIVED
APR I 4 200
County of AISemarie
County Executive's Office
April 12, 2004
Mr. Robert W. Tucker, Jr.
Albemarle County Executive
401 McIntire Road
Charlottesville, Virgima 22902
Dear Mr. Tucker:
I am writing to introduce myself as the new District Administrator for the nine-county Culpeper
District of the Virginia Department of Transportation (VD OT).
Prior to accepting this position, which became effective March 25, I was the assistant district
administrator for maintenance and operations in VDOT's Northern Virginia District for ten
years. My career with VDOT began in 1989 in that same district, when I was hired as a senior
engineer, primarily involved in design and construction projects.
I look forward to my new challenges here in the Culpeper District and also look forward to
meeting you at some time in the future. While I prefer that local concerns be addressed at the
Residency level, I am always available to mee~ or talk with you. Please do not hesitate to contact
me at (540) 829-7511 at any time ifI can be of assistance.
Sincerely,
Morteza Salehi
TRANSPORTATION FOR THE 21ST CENTURY
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