Loading...
HomeMy WebLinkAbout2000-06-14 ACTIONS Board of Supervisors Meeting of June 14, 2000 June 15, 2000 AGENDA iTEM/ACTION 1. Call to order. 4. Other Matters not Listed on the Agenda from the BOARD. Charles Trachta suggested the Board ask for the resignations of all the members of the Industrial Development Authority, and then r.eappoint those members or a new Board. 5.1 Revised Resolution to accept Summer Lane in Earlysville Meadows Subdivision into the State Secondary System. ADOPTED. ASSIGNMENT 6. SP-00-004. Forest Lakes Veterinary Clinic (Sign #50). APPROVED SP-00-004 subject to five conditions recommended by Planning C0mmiss.i. on.' . , . 7. ZMA-00-O01. Covenant Church (Sign ~48). APPROVED ZMA-00-O01 as proffered, and signed by the · ~applk:ant, dated 2/20/00. Meeting was called to Order at 7:00 p,m., by the Chairman. All BOS members present. Clerk; Acknowledge comments in letter for Chairman's signature. Clerk: Forward to Glen Brooks in Engineering. 5.2 SP-99-74. Townwood Mobile Home Park. DEFERRED until Clef. k: Include on June 21st agenda. June 21, 2000. Clerk: Forward to Planning in Attachment A. 8. Z'TA.-00,.O05. Nonconformities. ADOPTED the Ordinance. 9. ZTA-00-006. Noise. ADOPTED the Ordinance. 10. ZTA-00-007. civil Penalties. ADOPTED the Ordinance. 11. Conservation Easement Program Ordinance. DEFERRED until July 5, 2000. A committee of Ms. Thomas, Mr. Perkins, Ms. Buttrick and Mr. Davis to get together and make revisions/clarifications to draft ordinance based on comments made at the Board meeting. . 13. Other Matters not Listed on the Agenda from the Board. · Mr. Martin mentioned a letter he received from the Jefferson Area Disability Services Board regarding the Mclntire skate park. Mr. Tucker said he has forwarded the letter to the County's Parks and Recreation staff and asked that they meeting with the City's Parks and Recreation staff to make a determination. .14. Adj0um. Meeting was adjourned at 9:35 p.m. None. Clerk: Forward to County Attorney's office for inclusion in next update of County Code, with copy to Planning and Zoning. Clerk: Forward to County Attomey's office for inclusion in next update of County Code, with copy to Planning ,and Zoning. Clerk: Forward to County Attorney'S office for' inclusion in next update of County Code, w'dh copy to Planning and Zoning..... Clerk: Include on July 5, 2000 agenda. None. Attachment A - Planning actions Note: The adopted ordinances will be forwarded to the appropriate persons under separate cover. Attachment A Agenda Item No. 6. $P.00-004. Forest. Lakes Veterinary Clinic {Sian #50L PUBLIC HEARING on a request to allow veterinary center in accord wi§ 24.2,2.4 of the Zoning Ord. TM32, P37A, contains .962 of an ac. Located on Seminole Trail (Rt 29) near intersection of Airport Rd & Rt 29, across from the Forest Lakes community. Znd HC. The Comp Plan designates this property as Regional Service in the Hollymead Community. Rivanna Dist. APPROVED subject to the following conditions: 2. 3. 4. There shall be no outside exercise area; No animals are to be confined outside; No overnight boarding e~cept for medical treatment; Noise generated from the veterinary office shall not exceed 55 decibels in the adjoining commercial space; and The applicant shall comply with Section 5.1.11 of the Zoning Ordinance. To: From: Subject: Date: Glenn E. Brooks, Senior Engineer Department of Engineering & Publ~or~/ June 15, 2000 At its meeting on June 14, 2000, the Board of Supervisors adopted the following revised resolution: to accept Summer lane in Earlysville Meadows into the State Secondary System of Highways. Attached is the original of the adopted resolution. /EWC Attachments cc: Bill Mawyer The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 14th day of June, 2000, adopted the following resolution: RESOLUTION WHEREAS, the street(s) in Earlysville Meadows Subdivision described on the attached Additions Form SR- 5(A) dated April 19, 2000, fully incorporated herein by reference, are 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(s) meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the mad(s) in Earlysville Meadows, as described on the attached Additions Form SR-5(A) dated April 19, 2000, 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, and any necessary easements for cuts, fills and drainage as described on the recorded plats; and Virginia of state BE IT FURTHER RESOLVED that the Albemarle Board of County Supervisors hereby guarantees to the Department of Transportation for a period of one year from the date of acceptance into the secondary system highways, Summer Lane against defective materials and/or workmanship up to a maximum of $3,750; 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: Ms. Thomas. Seconded by: Ms. Humphris. Yeas: Mr. Bowerman, Mr. Dorrier, Ms. Humphris, Mr. Martin, Mr. Perkins and Ms. Thomas. Nays: None. A Copy Teste: . Carey, Clerk, CMC/~ Board of County Supe~jsbr~ The roads described on Additions Form SR-5(A) are: 1) S%,~mer Lane from the intersection of Route 743 (Station 10+0)), to the cul-de-sac (Station 22+55) as shown on plat recorded 4/10/90 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 1095, pages 666-668, and drainage easement plats dated 2/28/00, recorded in Deed Book, 1897, page 71 and 75; and drainage easement plat dated 4/17/00, recorded in Deed Book 1910, page 35; with a 50-foot right-of- way width, for a length of 0.24 mile. Total Mileage - 0.24 mile. 0 .ri .H Ella Carey From: Sent: To: Cc: Subject: Pam Shiffiett Thursday, June 01, 2000 11:44 AM Ella Carey Glenn Brooks Road Resolution - Summer Lane Importance: High Ella: The Board adopted a resolution at their May 3rd meeting requesting that Summer Lane in Earlysville Meadows Subdivision be acce,p, ted into the State Secondary Road System. This road was completed by the County using bond proceeds. One of VDOT s requirements for acceptance of the road is the posting of a performance bond. In lieu of posting a bond, we want to revise the resolution adopted May 3rd to include a guarantee against defective materials and/or workmanship for one year (as we have done in the past for roads completed by the County). Please revise the 5/3 resolution to include the following statement: "AND, BE IT FURTHER RESOLVED that the Board hereby guarantees to the Virginia Department of Transportation for a period of one year from the date of acceptance into the secondary system of state highways, Summer Lane against defective materials and/or workmanship up to a maximum of $$,750." Is it possible to place the revised resolution on the consent agenda for the June 7th meeting? Do you need anything else from me (i.e., executive summary)? Thanks!l! 2000 FIRST QUARTER BUILDING REPORT County of Albemarle Department of Planning and Community Development 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 INDEX I. Comparison of New Residential Dwelling Units by Month (Charts A & B) II. Comparison of Residential Dwelling Units by Type (Charts C& D) III.Comparison of All Building Permits (Chart E) IV. Comparison of Certificates of Occupancy (Charts F-H) KEY TO TYPES OF HOUSING REFERRED TO IN REPORT SF SFA SF/TH DUP MF MHC AA Single-Family (includes modular) Single-Family Attached Single-Family Townhouse Duplex Multi-Family Mobile Home in the County (not in an existing park) Accessory Apartment BOARD OF SUPERVISORS -2- During the first quarter of 2000 148 permits were issued for 149 dwelling units. In addition, 5 permits were issued for mobile homes in existing parks at an average exchange value of $2,500, for a total of $12,500. I. COMPARISON OF NEW RESIDENTIAL DWELLING UNITS BY MONTH Chart A. Nine Year Comparison of New Residential Dwelling Units by Month MONTH 1992 1993 1994 1995 1996 1997 1998 1999 2000 JAN 183 49 190 50 26 54 38 49 52 FEB 72 56 53 43 44 44 39 84 43 MAR 64 58 72 47 61 57 65 65 54 APR 72 76 69 46 71 75 62 102 MAY 62 45 60 41 63 118 65 55 JUN 48 79 70 62 41 89 85 75 JUL 62 81 186 51 87' 59 74 69 AUG 126 116 49 44 105 34 221 56 SEP 48 45 47 56 64 48 68 68 OCT 43 68 51 42 186 216 61 48 NOV 49 65 60 66 43 49 48 42 DEC 37 67 32 48 44 62 48 57 TOTAL 866 805 939 596 835 905 874 770 149 Chart Bo Three Year Comparison of New Residential Dwelling Units by Month IChart B: Three Year Comparison of New Residential D.U. by Month JAN FEB MAR APR MAY JUN JUL MONTH AUG 11:1i998 EI1999 12000 ~ SEP OCT NOV DEC Prepared by Albemarle County Planning and Community Development, Office of Mapping, Graphics, and Information Resources -3- QUARTER 1 II. COMPARISON OF RESIDENTIAL DWELLING UNITS Chart C. Breakdown of New Residential Dwelling Units by Magisterial District and Dwelling Unit Type MAGISTERIAL DWELLING UNIT TYPE TOTAL % TOTAL DISTRICT SF SFA SF/TH DUP MF MHC AA D,U. D.U. RIO 11 0 0 0 0 0 1 12 8% JACK JOUETT 0 0 0 0 0 0 0 0 0% RIVANNA 47 4 6 0 0 6 0 63 42% SAMUEL MILLER 23 2 0 0 0 1 2 28 19~ SCO3-rSVILLE 18 4 0 0 0 0 0 22 15% WHITE HALL 24 0 0 0 0 0 0 24 16% TOTAL 123 10 6 0 0 7 3 149 100% Chart D, Breakdown of New Residential Dwelling Units by Comprehensive Plan Area and Dwelling Unit Type COMPREHENSIVE PLAN AREA DWELLING UNIT TYPE TOTAL SF SFA SF/TH DUP MF MHC AA UNITS URBAN NEIGHBORHOOD 1 0 0 0 0 0 0 0 0 URBAN NEIGHBORHOOD 2 18 2 6 0 0 0 0 26 URBAN NEIGHBORHOOD 3 3 0 0 0 0 0 0 3 URBAN NEIGHBORHOOD 4 7 4 0 0 0 0 0 11 URBAN NEIGHBORHOOD 5 9 2 0 0 0 0 0 11 URBAN NEIGHBORHOOD 6 1 0 0 0 0 0 0 1 URBAN NEIGHBORHOOD 7 0 0 0 0 0 0 0 0 CROZET COMMUNITY 16 0 0 0 0 0 0 16 HOLLYMEAD COMMUNITY 8 0 0 0 0 6 0 14 PINEY MOUNTAIN COMMUNITY 0 2 0 0 0 0 0 2 RIVAN NA VILLAGE 14 0 0 0 0 0 0 14 DEVELOPMENT AREA SUBTOTAL 76 10 6 0 0 6 0 98 RURAL AREA 1 4 0 0 0 0 0 0 4 RURAL AREA 2 13 0 0 0 0 0 1 14 RURAL AREA 3 15 0 0 0 0 1 0 16 RURAL AREA 4 15 0 0 0 0 0 2 17 RURAL AREA SUBTOTAL 47 0 0 0 O 1 3 51 TOTAL 123 10 6 0 0 7 3 149 Prepared by Albemarle County Planning and Community Development, Office of Mapping, Graphics, and Information Resources Quarter 1 Ill. COMPARISON OF ALL BUILDING PERMITS Chart E. Estimated Cost of Construction by Magisterial District and Construction Type MAGISTERIAL NEW *NEW NON-RES. NEW COMMERCIAL FARM BUILDING TOTAL DISTRICT RESIDENTIAL & ALTER. RES. & NEW INSTITUT. & ALTER. COMM. No. Amount-$ No. Amount-$ No. Amount-$ No. Aroount-$ No. Arnount-$ RIO 11 1,669,464 16 291,500 3 200,000 42 3,976,427 72 6,137,391 JOUETT 0 0 14 711,270 1 1,987,000 9 458,500 24 3,166,770 RIVANNA 64 10,280,199 58 1,545,875 7 2,005,000 28 1,017,044 157 14,848,118 S. MILLER 27 4,590,500 54 1,660,814 1 200,000 12 292,400 94 6,743,714 SCO'I-rSVILLE 22 2,455,068 36 3,488,237 2 18,000 9 732,690 69 6,693,995 WHITE HALL 24 3,317,548 33 1,200,478 3 496,300 13 228,794 73 5,243,120 TOTAL 148 22,312,779 211 8,898,174 17 4,906,300 113 6,715,855 489 42,833,108 i * Additional value of mobile homes placed in existing parks is included in Residential Alteration Category. IV. CERTIFICATES OF OCCUPANCY Chart F. Breakdown of CO's for Residential Dwelling Units by Elementary School District and Dwelling Unit Type SCHOOL DWELLING UNIT TYPE TOTAL PERCENT DISTRICT SF SFA SFFFH DUP MF MHC AA D.U. TOTAL D.U. Agnor-Hurt 2 0 5 0 0 0 0 7 4.73% Broadus Wood/SutheHand 0 0 0 0 0 0 0 0 0.00% Broadus Wood/Jouett 9 0 0 0 0 1 0 10 6.76°/ Brownsville 8 0 0 0 0 0 0: 8 5.41% Crozet 5 0 0 0 0 0 0~ 5 3.38°/ Greet 1 0 0 0 0 0 1 ~ 2 1.35°/ Hollymead 2 5 5 0 0 0 0i 12 8.11% Meriwether Lewis/Henley 1 0 0 0 0 0 Medwether Lewis/Jouett 6 0 0 0 0 0 0 ~ 6 4.05°/ Murray 3! 1 0 0 0 0 0 4 2.70% Red Hill 8! 0 0 0 0 0 0 8 5.41~/, CaleJBurley 0i 0 0 0 10 0 0 10 6.76% CaleJWalton 91 6 0 0 0 0 0 15 10.14% Scottsville 21 0 0 0 0 0 0 2 1.35°/, Stone Robinson/Budey 16 4 0 0 0 0 1 21 14.19% Stone Robinson/Walton 2 0 0 0 0 0 0 2 1.35% Stony Point/Budey 4 0 0 0 0 0 0 4 2.70% Stony PointJSutherland 9 0 0 0 0 0 0 9 6.08°/, Woodbrook 19 1 0 0 0 0 0 20 13.51% Yancey 1 0 0 0 0 1 0 2 1.35% TOTAL 107 17 10 0 10 2 2 148 100.00°/, Prepared by Albemarle County Planning and Community Development, Office of Mapping, Graphics, and Information Resources -5- Quarter 1 IV. CERTIFICATES OF OCCUPANCY (continued) Chart G. Breakdown of CO's for Residential Dwelling Units by Magisterial District and Dwelling Unit Type MAGISTERIAL DWELLING UNiT TYPE TOTAL DISTRICT SF SFA SF/TH DUP MF MHC AA RIO 8 0 0 0 0 0 0 8 JACK JOUETT 4 0 0 0 0 0 1 5 RIVANNA 46 10 10 0 10 0 1 77 SAMUEL MILLER 19 3 0 0 0 0 0 22 SCO'FrSVILLE 10 4 0 0 O 1 0 15 WHITE HALL 20 0 0 0 0 1 0 21 TOTAL 107 17 10 0 10i 2 2 148 Chart H. Breakdown of CO°s for Residential Dwelling Units by Comprehensive Plan Area and Dwelling Unit Type COMPREHENSIVE PLAN AREA DWELLING UNIT TYPE TOTAL SF SFA SF/TH DUP MF MHC AA UNITS URBAN NEIGHBORHOOD 1 0 0 0 0 0 0 0 0 URBAN NEIGHBORHOOD 2 6 0 5 0 10 0 0 21 URBAN NEIGHBORHOOD 3 3 4 0 0 0 0 0 7 URBAN NEIGHBORHOOD 4 3 4 0 0 0 0 0 7 URBAN NEIGHBORHOOD 5 5 2 0 0 0 0 0 7 URBAN NEIGHBORHOOD 6 0 1 0 0 0 0 0 1 URBAN NEIGHBORHOOD 7 0 0 0 0 0 0 0 0 CROZET COMMUNITY 9 0 0 0 0 0 0 9 HOLLYMEAD COMMUNITY · 16 1 5 0 0 0 0 22 PINEY MOUNTAIN COMMUNITY 0 5 0 0 0 0 0 5 RIVANNA VILLAGE 13 0 0 0 0 0 0 13 DEVELOPMENT AREA SUBTOTAL 55 17 10 0 10 0 0 92 RURAL AREA 1 15 0 0 0 0 1 1 17 RURAL AREA 2 13 0 0 0 0 0 I 14 RURAL AREA 3 14 0 0 0 0 0 0 14 RURAL AREA 4 10 0 0 0 0 1 0 11 RURAL AREA SUBTOTAL 52 0 0 0 0 2 2 56 TOTAL 107 17 10 0 10 2 2 148 Prepared by Albemarle County Planning and Community Development, Office of Mapping, Graphics, and Information Resources COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 May 5, 2000 Dr's Ed & Cathy Duval 1527 Swift Run Road Ruckersville, VA 22968 RE: SP-00-04 Forest Lakes Veterinary Clinic, Tax Map 32, Parcel 37A Dear Dr.'s Duval: The Albemarle County Planning Commission, at its meeting on May 2, 2000, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 2. 3. 4. There shall be no outside exercise area; No animals are to be confined outside; No overnight boarding except for medical treatment; Noise generated from the veterinary office shall not exceed 55 decibels commercial space; and The applicant shall comply with Section 5.1.11 of the Zoning Ordinance. in the Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on June 14, 2000. 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 hearing date. If you should have an~ questions or comments regarding the above noted action,' please do not hesitate to contact me. Sincerely, ~ CJ BoaRD OF SU 'E ¥ISOI 'S Juandiego Wade Transportation Planner JRWljcf Cc: Amelia McCulley Jack Kelsey Steve AIIshouse adjoining COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SP 00-04 Forest Lakes Veterinary Clinic SUBJECT/PROPOSAL/REQUEST: Clarification of condition approved by the Planning Commission on May 2, 2000 STAFF CONTACT(S): Messrs. Tucker,Cilimberg,Benish,Wade AGENDA DATE: June 14, 2000 ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: Yes ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: The Planning Commission unanimously approved SP 00-04 Forest Lakes Veterinary Clinic at its May 2, 2000 meeting. DISCUSSION: Staff offered five conditions of approval for SP 00-04. These conditions were approved by the Planning Commission. Staff is recommending a slight change in condition #4. Staff recommends condition ~ be revised to state, "Noise generated by the veterinary office shall not exceed 55 decibels in the adjoining commercial space or comply with the lesser regulation of the new noise ordinance, if adopted.' The revised noise ordinance is scheduled for public hearing with the Planning Commission on May 16, 2000. RECOMMENDATION: Should the Board of Supervisors approve SP 00-04, staff recommends the Board change the wording to condition ~ as recommended above. STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: JUANDIEGO R. WADE MAY 2, 2000 JUNE 14, 2000 SP-00-04 Forest Lakes Veterinary Clinic Applicant's Proposal: The applicant is requesting permission to locate a veterinary clinic that will be located in Seminole Commons at Forest Lakes. (Attachment A) The veterinary clinic is proposed to be approximately 2,060 square feet. It is located on the west side of Route 29 North across the street from the Forest Lakes Shopping Center. Petition: Request for special use permit to allow a veterinary clinic in accordance with Section 24.2.2.4 of the Zoning Ordinance which allows for veterinary office and hospitals. The property, described as Tax Map 32 Parcel 37A, contains .962 of an acre, and is located in the Rivanna Magisterial District on Seminole Trail [Route 29] near the intersection of Airport Road and Rt. 29 - across from the Forest Lakes community (Attachment B & C). The property is zoned Highway Commercial-HC. The Comprehensive Plan designates this property as Regional Service in the Hollymead Community. Character of Area: The site will be located in the Seminole Commons at Forest Lakes, which is under construction. There are many other stores and businesses located at and near this site. RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of 31.2.4.1 of the Zoning Ordinance and recommends approval with conditions. Planning and Zoning History: ZMA 97-13 Anthony Valente: The Board of Supervisors approved a request to approximately 0.82 acres from C-l, Commercial to HC, Highway Commercial. rezone Comprehensive Plan: The property is zoned Highway Commercial-HC. The Comprehensive Plan designates this property as Regional Service in the Hollymead Community. STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue all special permits permitted hereunder. Special use permits for uses as provided in the this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adiacent property. It is staff's opinion that this use will not be of substantial detriment to the adjacent property. The veterinary clinic will not be located in close proximity to residences. The wall that will separate the vet from the adjacent use will be constructed to meet the veterinary industry standard. This should eliminate any noise conflict. Overnight boarding is only allowed for medical purposes. There will not be an outdoor mn for the animals. There will be a mn located on the inside. that the character of the district will.not be changed thereby, The character of the district should not be changed in any way. It is commercial and will remain so with this business. and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed the purpose and intent of the ordinance as stated in Section 1.4, 1.5, and 1.6. Staff finds no conflict with these provisions of the ordinance. with the uses permitted by right in the district, Veterinary offices are permitted in this district by special use permit and will not negatively affect by right uses in the area. with additional regulations provided in Section 5.0 of this ordinance, Section 5.1.11 of the Zoning Ordinance pertains to this use. The applicant will meet these conditions. 5.1.11 COMMERCIAL KENNEL, VETERINARY SERVICE, OFFICE OR HOSPITAL, ANIMAL HOSPITAL, ANIMAL SHELTER Each commercial kennel, veterinary serwce, Office or hospital, animal hospital and animal shelter shall be subject to the following: ao Except where animals are coni~med 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) feet of the animal confinement and shall be composed of concrete block, brick, or other material approved by the zoning administrator; (Amended 11-15-89) bo 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 forty (40) decibels; (Amended 11-15-89) Co In all cases, animals shall be confined in an enclosed building from 10:00 p.m. to 6:00 a.m. Noise measured at the nearest agricultural or residential property line shall not exceed forty (40) decibels; (Amended 11-15-89) d. In areas where such uses may be in proximity to 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 11-15-89) -Area for outside exercise to be exclusive from access by the public by fencing or other means. (Added 11-15-89) and with the public health, safeW, and general welfare, This use will not negatively impact the health, safety, and general welfare of the community. Staff opinion is that the building design is such that adequate visibility exists at the entrance to the vet to prevent animal conflicts. Future road plans for Route 29 north proposes to access this shopping center from a rear service road. The applicant is aware of these future road plans. SUMMARY: Staff has reviewed this request for compliance with the Zoning Ordinance and is of the opinion that this request is consistent with the purpose and intent of the Zoning Ordinance and that the character of the district-will not be changed. RECOMMENDED ACTION: Staff recommends approval of this request with 'the following conditions: 2. 3. 4. There shall be no outside exercise area; No animals are to be confined outside; No ovemight boarding except for medical treatment; Noise generated from the veterinary office shall not exceed 55 decibels in the adjoining commercial space; and The applicant shall comply with Section 5.1.11 of the Zoning Ordinance. Attachment: A.-Applicant's Application B. Tax Map Location C. Location Map --" .... I SP# '" ~O~ .-~ ~a~~:'' TMP'-~~;~ . ~-:"~':. ~ ~. ~ __ ' ' !,'- i" - .' '" -'-':&'' ' "..~"': -' ..... ."" ' '": . ~ ' ' Sign~ ~ ...... ~ ' Mag~ Dist.' ~". ~.c .c~ staff :" ~! Datc ATTACHMENT A Application. for Special Use. . Permit, . · / Project Name(~w~,a~r~.o~nn~.~i,~?) ' ~ Q'Existing Use N/A: ( n-- "bUil'din~ ) 'P~,,e~ veterinary *Zoning Distdct HC ~ -- ' *Zo.ning Ordinance Section number requested 24.2.2.4 v/ (*staff will assist you with these items). Number of acres to be covered by Special Use Permit o~. po~..~ ~ ~,--~ o. p~o ( see ~ttached ) Is this an amendment to an existing special Use Permit? Are you submitting a site development plan with this application? EI.Yes~ No 121 Yes~ No ContactPerson(Whomshouldw¢,calVw,tecon~emingthisproject?): Dr. 's Ed and Cathy Duval I Address 1527 Swift Run Rd' City - > - ~' - .State .wzip / Daytime Phone (nn4 ) qnn-aan~ Fax# E-mailn=.t.~,-.~o~a=,-,~ ~c }- Owner of land (AS listed in the County's records): Address 1460 Daytime Phone ( S'-~set LLC ~ Stable Lane City Charlot%esv~ VA Zip2290 Rna ) qv~ -,soon Fax # q?~ -8500 E-mail ~,-k,-@,-~ n~_spr~n~_ c ~,pplicant (Who is the contact person representing? Who is re. questing thc special usc?): D~.'s Ed and Cathy Duval Address 1527 Swift Run Rd. .CityRudke~svillesmt~ VA Zip 22968 Daytime Phone (..84~) 9_n5-3305 Fax# .E-mail Taxmapandparcel -ma_c_ H~_p 32 Parcel 37A PhysimiAddr~s0r~l~n~ (Old Patwil home lot north, of old dance studio, on Rt. 291 ' . L0cati0n0fpr0perty0~d~.i.,~,io~.oroth=r) south of-intersection of Rt. 29 and D~s.tho owner of ~is pro~nY 0,~n (or ha{e any owne~hip inte~st in) any abutting property? ,'lf~es,' pl~e list . , '-. . .... '.:.:.... -. ::., , - .~:,,..-~.-~,' :..- .,, ., - ..,-,. , .....:- , .. .... , ......,~.~:.,;,-~.,-,.?., . ..... - those ~ map and p~el num~''-'~. ge~ F:-< ~' ~ap''~ 32 parCal 4IA an~. ~ Seg. t~on 3t.2~4.1 of the Albemarl6'~~iat'~ that, . supervisors board of hereby rese~,~.unto ~tself the right to issue all special use pet~tS'pei-mitted hereUnder. Special use permits for'U~es as provided in this ordinance may be issued upon a finding by the boardof supervisors ' that such use will not be of substantial detriment to adjacent property, that the character of the district will not be changed thereby and that such use will be in harmony with the purpose and intent of this ordinance, with the uses permitted by right in the district, with additional regulations provided in section 5.0 of this ordinance, and with the .public health, safety and general Welfare. The items which follow will' be. revieWed by the staff in their analysis of Your request. Please complete this form and provide_additional information which will assist the County in its review of your request. If you need assistance filling out these items, staff is available. What is the Comprchensivc Plan dasignation for this property? "regional service" p. 183: 'col. 2 paragraphs 2, 3, 4 describing development for 'commerCial services Howw~~lgL~t%iM~atf.~t~~~ Profitt Roads. No detrimental effect; retail use will be on each side of the Commons and to the rea~ are located storage units Howwill~¢propos~specialuscaff~tth¢ch~acterofthcdistrictsu~oundingthepro~Y?~e effect anticipated and will offer a much.needed service to the pet-owning hous-holds in the Forest T,nkes/Holl_vmead at.ag . Howis~¢useinharmonywi~epurposeandin~ntof~eZoningO~inance? V~rlnnry ~rvi~ ars listed specifically as permitted by special use (24.2.2) in the current zoning and are within the purpose and intent of the Ordinance How is the use in harmony with thc uses permitted by right in thc district? 24.2.1 lists "Feed & Seed" stores. .Veterinary clincis traditionally offer limited amounts of Also listed are "Home and Business Services". Household pet owners often consider the needs and care of ~heir p.~ ag e~s.n~_ia] to ~h. _ maintenance of their home environment as exterminators, maintenance, et~ "~ What addid0n~ rcgulaG0,s provided in S~ti0, 5.0 of thc ~ni.g Ordina.¢¢ applY'to this Us~? ' 5.1.11 ' ' ' ...':,> This-facility is not.clOser than.?500 ft.y to an~,i, iagriculturalzor'<-,.. ,, exit to. avoid aua~ai conflicts. .-There w~ll be a'des~g~ated area for..---- p~ts to be-walked, with a'siqn ta~t.~lly pnn'P.a_ ~hi~ ar~a w{]] cleaned every morning, evening, and throughout the day. Describe'your request in'detail.and include, all pertinent information-SUch as the numbers of persons involvetl in the'use, operating hours, and any unique features of the use: { ?his r~quest rnfers 'only to the unit-.lochtea<~in .~he interior portion of Seminole Commons~ whiCh site plan has been approved and is currently under constructic~ : 2 veterinarians plus 1 staff person to provide veterinary services from 8 a.m. to 7 p.m. Mon. thru Fri. and 8 a~m. to noon on Sat. No BOARDinG A~D NO GROOMING services will be offered. Overnight care to be provided only fbr animals following surgery or in severe ATTACHMENTS REQUIRED - provide two(2) copies of each: Recorded plat or boundary survey of the property requested, for the rezoning. If there is no recorded plat orboundary survey, please provide legal description of the property and the Deed BoOk and page number or Plat Book and page number. Note: If you are requesting a special use permit only for a portion of the property, it needs to be described or delineated on a copy of the plat or surveyed drawing. Ownership information - If ownership of the property is in the name of any type of legal entity or organization including, but not limited to, the name of a corporatiOn; partnership or association, or in the name of a trust, or in a fictitious name, .a document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner, a documen.t acc.eptable to the County must be submitted that is evidence of the existence and scope of the agency.' OPTIONAL ATTACHMENTS: [~ 3. Drawings or conceptual plans, if any. ~ 4. 'Additional Information, if any. · 'I hereby certify that I own the Subject property, Or have' the legal P°wer to act on behalf of the owner filing'this applieatio~il IT~s°"~;'~'dfy' that the information pl-ovided i~"/nie and accurate to th; bes{ ;f my Printed'Name '~u~%~"~' ¢ ~..- ,. Daytime Phone number of signatory Describe your request in detail and include all pertinent information such as the numbers of persons involved h~ the u'se, operating hours, and any unique features of thc use: ATI'ACHMENTS REQUIRED - provide two(2) copies of each: Recorded plat or boundary survey of the property requested for the rezoning. If there is no recorded plat or boundary survey, please provide legal description of the property and the Deed Book and page number or Plat Book and page number. Note: If you are requesting a special use permit only for a portion of the property, it needs to be described or delineated on a copy of the plat or surveyed drawing. Ownership information - If ownership of the property is in the name of any type of legal entity or organization including, but not limited to, the name of a corporation, partnership or association, or in the name of a trust, or in a fictitious name, a document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. If the applicant is a dontract purchaser, a document acceptable to the County must be subnfitted containing the owner's written consent to the application. If the applicant is the agent of the owner, a documen.t acc?ptable to the County must be submitted that is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS: Drawings or conceptual plans, if any. Additional Information, if any. I hereby certify that I own the subject property, or have the legal power to act on behalf..of the owner in filing this application. I also certify that the information provided is true and accurate to the best of my Printed Name Date Daytime phone number of Signatory 7 I SP-00-004 Forest lakes Verterinary Clin'ic ~ I ATTACHMENT B TO 8UCKERSk~LLE ~ 0 ,o~ ALBEMARLE / / / / 20 4! COUNTY ATTACHMENT C / '" / / / / % ./ 24 WHo"rE HAL~_ Original Proffer ~ Amended Proffer (Amendment # PROFFER FORM Date: Tax Map and Parcel Number(s) 0.~-~[! Acres to be rezoned from C;i 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 rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezomng itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezonmg request. 1. The uses permitted on the property shall be limited to those permitted by fight in sections 23.2.1.4, 23.2.1.7 and 23.2.1.8, and those permitted by special use permit in section 23.2.2., of the Albemarle County Zoning Ordinance, as they were in effect on June 14, 2000. Copies of the cited sections are attached hereto. Signatm;es offi, tl Qwners/__,_._ Printed Names of All Owners~ OR Date Signature of Attorney-in-Fact (Attach Proper Power of Attorney) Printed Name of Attorney-m-Fact BOARD OF SUPERVISORS 23.2.1 BY RIGHT Churches, cemeteries. 7. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Wazer 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) 8. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by ~he Rivanna WaTer and Sewer AuThority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 23.2.2 BY SPECIA~5 USE PERMIT 2. Funeral homes. If you intend to proffer to limit the uses of your properly to some of the uses permitted within the property's proposed zoning district, the County suggests that your proffer contain the standardized introductory language set forth below. For Proffers that will restrict the uses of the property to certain specified permitted uses and/or those uses authorized by a special use permit the following language is suggested: Permitted uses of the property, and/or uses authorized by special use permit, shall include only the following section(s) of the Albemarle County Zoning Ordinance in effect on (insert date of proffer), a copy of the section(s) being attached hereto: 1. (State section number and the use associated with that section) For proffers that will allow most of the uses permitted in the zoning district, but will exclude some, the following language is suggested: Penmtted uses of the property, and/or uses authorized by special use permit, shall include only those uses allowed in section(s) (insert section number(s)) of the Albemarle County Zoning Ordinance in effect on (insert date of the proffer), a copy of the section(s) being attached hereto, except the following: 1. (State section number and the use associated with that section) The date of the proffer should be the date that your application will be considered by the Albemarle County Board of Supervasors. By including the use associate with a section number the County will be able to verify what is being proffered so that there is no dispute (e.g., as a result of a typographical error) whether the proffered use was intended to be included or excluded. COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 May 26, 2000 Harold L. Bare Covenant Church of God 1025 East Rio Road Charlottesville, VA 22901 RE: ZMA-00-001 Covenant Church (Sign ~.48) Tax Map 61, Parcel 156 Dear Pastor Bare: The Albemarle County Planning Commission, at its meeting on May 23, 2000, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to acceptance of the applicant's proffer (copy attached). If you have any questions, please do not hesitate to contact me. Sincerely, Eric L. Morrisette, AICP Senior Planner ELM/jcf Cc: Ella Carey Amelia McCulley Jack Kelsey STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Eric L. Morrisette, AICP May 23, 2000 June 14, 2000 ZMA 2000-001 Covenant Church Applicant's Proposal: The applicant is proposing to rezone approximately 0.6 acres from R-4 to CO to accommodate the placement of a storage unit in the future. The applicant has proffered "to have the same proffers as the CO" parcel. Therefore, the following proffer references the original proffering of uses that were approved in 1990: "The uses permitted on the property shall be limited to those permitted by right in sections 23.2.1.4, 23.2.1.7 and 23.2.1.8, and those permitted by special use permit in section 23.2.2, of the Albemarle County Zoning Ordinance, as they were in effect on June 14, 2000. Copies of the cited sections are attached hereto." A copy of the signed proffers is attached as Attachment F. Copies of the above referenced Section of the Zoning Ordinance are attached as Attachment G. At the County's request, the applicant is also proposing to rezone 0.611 acres from C-1 to CO, with the same proffer as listed above. Further information is provided below. Petition: Petition for Board of Supervisors approval to rezone a 0.6 acre piece of land from R-4, Residential, to CO, Commercial'Office [Tax Map 6I, Parcel 156]. The applicant also seeks to rezone a 0.611-acre strip of land to CO, which was misadvertised and subsequently miszoned to C-1 by County Staff in 1994 [See Planning and Zoning History,//4, Page 2]. A copy of the rezoning application is attached as Attachment A. Property described as Tax Map 61, Parcels 155 and 156 is located on the north side of Rio Road East, east of the existing raikoad (Attachment B). The subject site is the exiting Covenant Church. This property is located in the Rivanna Magisterial District and is designated for Neighborhood Service in Urban Neighborhood 2 of the Comprehensive Plan. Character of the Area: The area surrounding the property to the east and north, zoned R-4, is largely residential and is anticipated to become more residentially dense in the future. An existing Church, zoned R-4 is located across Rio Road to the south. The Norfolk Southern Railroad abuts the subject property along the west. The subject property is currently developed with a church and a gymnasium. The site is accessed directly from Rio Road East. The area proposed for rezoning includes an area in the rear of the church property and will be used for a storage building in the future. RECOMMENDATION: Staffhas reviewed this request for compliance with the Comprehensive Plan and Zoning Ordinance and recommends approval. Planning and Zoning History: Multiple development applications have been processed for this site. The following history is applicable to this rezonmg request: 1. April 17, 1979 - The Planning Commission approved the site plan for the church. 2. ZMA 90-28 Covenant Church of God - On May 24, 1991 the Board of Supervisors unanimously approved the request to rezone 0.98 acres from R-4 to CO. 3. ZMA 93-08 - On May 12, 1993, the Board of Supervisors approved a rezoning of 1.266 acres from R-4 to CO. ZMA 94-08 Covenant Church of God - On July 20, 1994 the Board of Supervisors heard a request to rezone 0.611 acres from R-4 to CO. The Board unanimously approved the request, but the County's action letter referenced the approval for a rezoning to C-1, rather than CO. Therefore, the property was incorrectly zoned. Attachment C is a copy of the approval letter. The current rezoning application [ZMA 00-001] seeks to remedy this error. SDP 2000-027 - Covenant Church Major Site Plan Amendment - The Site Review Committee is currently reviewing a request for additional parking, a 5,600 square foot building, and storage buildings. One of the storage buildings is proposed to be located on the R-4 zoned area that is proposed to be rezoned with the current rezoning application [ZMA 00-001]. Approval is not recommended as of the date of this report. o VA 2000-004 - Covenant Church of God- On April 6, 2000, the Board of Zoning Appeals approved a variance request for a relief of Section 21.7.3 of the Zoning Ordinance to reduce the CO setback adjacent to a residential district from 50 to 25 feet to allow construction ora storage buildi~tg. The approval of the variance is conditional upon Board of Supervisors issuance of this rezoning request [ZMA 2000-01 ]. A copy of the approval letter is attached as Attachment D. Comprehensive Plan: The subject area's land use designation is Neighborhood Service. Although church use is not specifically listed as a "Typical Primary Use" in Neighborhood Service areas, staff finds 2 churches to provide a service that is supportive to the surrounding neighborhoods. Since that area being requested for rezoning is supportive to the church use, staff finds this request to be in accord with the Comprehensive Plan. Staff Analysis: The applicant is requesting a rezoning of two different areas of land, which is discussed separately as follows: 1 - 0.6Acres_from R-4 to CO: The area being requested for rezoning is located in the rear of the church property and is an individual parcel [Tax Map .61, Parcel 156]. The requested zoning designation, CO, states, in part, that the intent of the district is as a transition between residential districts and other more intensive commercial and industrial districts. To further support the function of the site as a transitional area, the applicant has submitted a proffer that is consistent with proffers offered with zoning requests which limit the future use of a site (Attachment F). The proffer restricts CO uses to uses permitted by Sections 23.2.1.4, 23.2.1.7 and 23.2.1.8, and those permitted by special use permit in Section 23.2.2. Applicable portions of the Zoning Ordinance are attached as Attachment G. Therefore, this rezoning would be consistent with uses which are permitted on adjacent properties either by right of by special use permit. Planning Staff supports acceptance of this proffer, which is listed at the end of this report. A signed copy of the proffer will be submitted at the Planning Commission meeting. Approval of this request, when combined with the previous rezonings, will result in a total area of 3.457 acres being zoned CO. The prior R-4 zoning of this acreage would have theoretically permitted 13 dwelling units. The proximity of the Southern Railway tends to make use of this site for residential purposes unlikely. However, as part of a larger parcel, this area could be used in association with residential uses as open space, recreational area, or parking. Staff has not considered the relatively small size of the area to be rezoned, 0.6 acres, or the access to the site, through the existing church, as factors which necessitate this requested change in zoning as these conditions were self imposed by the applicant through the subdivision. Staff finds the 0.6 acres zoned R-4 to be minimal in size and have a limited residential potential. This request allows the reasonable expansion of the existing church use on-site. Therefore, staff recommends approval of this request. 2 - 0.611 Acres from C-1 to CO: County Staffhas requested that the applicant include a request to rezone 0.611 acres from C-1 to CO, which is located along the northeastern side of the property. Attachment E is a copy of a survey depicting the 0.611 acres. As previously discussed, the Board of Supervisors unanimously approved a request to rezone the same 0.611 acres from R-4 to CO in 1994 [ZMA 94-08]. Although the Board of Supervisors acted on a request to rezone the property to CO, the County action letter misprinted the action as a rezoning to C-1. Therefore, the 0.611 acres has been incorrectly zoned as C-1 for the past six years. Attachment C is a copy of the approval letter for ZMA 94-08. This request seeks to remedy a zoning oversight on behalf of the County. Planning Staff has reviewed the minutes of the 1994 rezoning request and has not identified any conflict with the original request or the two public hearings. Since the Board of Supervisors originally acted on a request to rezone the property to CO, staff finds no' conflict with recommending approval to rezone the property from C- 1 to CO, as originally intended by the Board of Supervisors. Summary_: Staff has identified the following factors, which are favorable to this petition: 1. Uses are limited to uses similar to those allowed by special use permit in the adjacent R-4 district; The Comprehensive Plan indicated this area as a transition between Residential and Neighborhood Service. Commercial Office zoning states in part that the intent of the district is to serve as a transition between residential and more intensive commercial zoning. This proposal meets that intent; and, 3. The proffered use should not increase traffic on a non-tolerable road in peak traffic periods. Staffhas identified the following factor, which is unfavorable to this petition: 1. Although minimal, there will be a loss of some residential holding capacity in the Urban Area [2 dwelling units]. Recommended Action: Staff finds the 0.6 acres zoned R-4 to be minimal in size and have limited residential potential. Staff also finds no conflict with the rezoning of the 0.611 acres, zoned C- 1, primarily through the Board of Supervisors original unanimous approval for the same rezoning six years ago [ZMA 94- 08]. Therefore, staff recommends approval of ZMA 2000-01 Covenant Church of God subject to the acceptance of the applicant's proffer (A signed copy of the proffer will be submitted at the Planning Commission meeting): The uses permitted on the property shall be limited to those permitted by right in sections 23.2.1.4, 23.2.1.7 and 23.2.1.8, and those permitted by special use permit in section 23.2.2, of the Albemarle County Zoning Ordinance, as they were in effect on June 14, 2000. Copies of the cited sections are attached hereto. ATTACHMENTS: A - Applicant's Petition for Rezoning B - Tax Map C - ZMA 94-08 Approval Letter D - VA 2000-004 Approval Letter E - Survey Plat of the 0.611 Acre Strip of Land F - Copy of the Signed Proffers G- Sections 23.2.1.4, 23.2.1.7 and 23.2.1.8; and Section 23.2.2 CouI ty of Albemarle o:- Department of Building Code and Zoning Services OFFICE USE ONLY ZMA# c0-C4~O-OOI TMP O ~' / /';90 __~d9 - ~ ~ . / ~ ~> cD a9 Application for Zoning Map Amendment Pr0jectName(howshouldwerefertothisappneation?) ~--6~/P_f~O~y~ ~hitr¢,~ ATTACHMENT A *Existing Zoning ~,,, a~ Proposed Zoning (n _ ~ (*staff will assist you with this item) Number of acres to be rezoned (ifa portion it must be delineated on pla~) ~"~I~.~D ~ ~SJh.-~ Is this an amendment to an existing Planned District? ~i Yes ~No Is this an amendment to existing proffers? ~ Yes Are you submitting a preliminary site development plan with this application? ~ Yes ca No Are you submitting a preliminary subdivision plat with this application? ~ Yes 2~r No Are you proffering a plan with this application? rvxa~/y~ .7' c: Yes ,~ No Contact Person (who should we call/write conceming this project?): ~,_GI' Q~ v en-a.n-t- Address ~'~}~ E' t~io QcP, City DaytimePhone(8~ ) ~$%~ Fax ) Og-l oa Ownerofland(~u,~di. mComy'~o~a,): Q-bVe-O-c--a4c {~lau_ccin Og: Address }'Od $ ff--. ~,~o I'~,t. City Ok_~f'l~t)(.t~ State Daytime Phone (g~t/ ) 9'T&-co~bt,, Fax~O qq~-1905 E-mail Tax map and parcel ~ I.~ t Q - } ~k~ Physical Address(if assigned) I©~S ~sot~.-~L Location of property l landmarks, intersections, or otherl '~ I t~J Does the owner of this property own (or have any ownership interest in) any abutting property? If yes. plca,c hst those tax map and parcel numOers Tl)q ~_~ } l0 } ~_ ~. C_ Feeamount$ ['7( DatePaid ~.t~'S/O~ Check# [5905q Receipt, [2'(~r~t~ B.~ ~ (Under 50 Acres = $815 50 acres or more = $1.255 Minor amendment to previous request = $1751 History: UI Special Use Permits: ZI ZMAs and Proffers: Letter of Authorization Concurrent review of Site Development Plan? ~ Yes ~ No 401 Mclntire Road o:o Charlottesville, VA 22902 -:o Voice: 296-5832 o:. Fax: 972-4126 Section 15.1- 490 of the Code of Virginia states that, "Zoning ordinances and districts shall be drawn and applied with reasonable consideration for the existing use and characte'r of the property, the comprehensive plan, the suitability of property for various uses, the trends of growth or change, the..~ current and future requirements of the community as to land for various purposes as determined b population and economic studies and other studies, the transportation requirements of the community, the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services, the conservation of natural resources, the preservation of flood plains, the preservation of agricultural and forestal land, the conservation of properties and their values, and the encouragement of the most appropriate use of land throughout the county or municipality." These are the items which will be reviewed by the staff in their analysis of your request. Please provide any additional information you feel is necessary to assist the County in its review of your request. ~If you need assistance filling out these items, staff is available. What is the Comprehensive Plan designation for this property? ~,~/~-~ d~.~..4. ~,-/ '~ ~' What public need or benefit does this rezoning serve? ~l~ht~6~ prO. F--'{' tr._{~ G~. ~'h~-I'Co Lt~0... Are public water, sewer, and roads available to serve this site? Will there be any impact on these facilities? ~Vhat impact will there be on the County's natural, scenic, and historic resources? OPTIONAL: Do you have plans to develop the property if the rezoning is approved? If so, please describe: If you would like to proffer any restrictions on the development of the property, please list these proffers on the following optional attachment entitled, "PROFFER FORM". Proffers are voluntary offers to use property in a more restrictive way than the overall zoning district classification would allow. By State Code, proffers must have a reasonable relationship to the rezoning and are not mandatory. The rezomng must give rise to the need for the proffers; the proffers must be related to the physical development or physical operation of the property; and the proffers must be in conformity with the Comprehensive Plan. ATTACHMENT A , 7 -'Describe your request in detail including why you are requesting this particular zoning district? -m ATTACHMENTS REQUIRED. Provide two(2) copies of each: Recorded plat or boundary survey of the property requested for the rezoning. If there is no recorded plat or boundary survey, please provide legal description of the property and the Deed Book and page number or Plat Book and page number. Note: If you are requesting a rezoning for a portion of the property, it needs to be described or delineated on a copy of the plat oi' surveyed drawing. Ownership information - If ownership of the property is i'n the name of any type of legal entity or organization including, but not limited to, the name ora corporation, partnership or association, or in the name of a trust, or in a fictitious name, a document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. ( If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS: 3. 4. 5. Drawings or conceptual plans, if any. Proffer Form signed by the owner(s). Additional Information, if any. I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that thwiyfformation provided is true and accurate to the best of my knowledge. Signature - ' ' t -c~" [ Date .._..~.,., ~-roid L ,'"% Sc. Pr/nted Name Daytime ~hone number of Signatory ATTACHMENT A Date: ~!~)O© ZMA# ATTACHMENT A Original Proffer, Amended Proffer (Amendment # PROFFER FORM Tax Map Parcel(s) # ~l/iS'~, .) :¢/~:~"~z~'//,ooAcres to be rezoned from '~.~ to (~ -ch 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 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 requested. / .* ,~ighatures of All Owners Printed Names of All Owners Signature of Attorney-in-Fact (Attach Proper Power of Attorney) Printed Name of Attorney-in-Fact Date PROFFORM.WPD Rev. December 1994 IZgD 160C ;ORR L.iMITS L. . /57 /54 162A R t. 650 {64A 62 167C 165 166 ATTACHMENT B ALBEMARLE COUNTY '' ATTACHMENT B CITY OF CHARLOTTESVILLE 167C 168 JACK JOUETT, RIVANNA AND RI 0 DISTRICTS SECTION ATTACHMENT C COUNTY OF ALBEMARLE Dept. of Plannin9 & Community Development 401 Mclntire Road Charlottesville, Uirginia 22902-4596 (804) 296-5823 August I, 1994 Covenant Church of God ATTN: Pastor Harold Bare 1025 East Rio Road CharlOttesville, VA 22901 RE: ZMA-94-08 Covenant Church Dear Pastor Bare: The Albemarle County Board of Supervisors, at its meeting on July 20, 1994, approved the above-noted request to rezone 0.611 acres from R4 to C-1 (proffered). This approval is subject to the following proffer (outlined in letter dated May 23, 1994 to William D. Fritz, Senior Planner, County of Albemarle, from Harold L. Bare, Sr., Pastor, Covenant Church): "The church proffers that uses of the property being requested for rezoning shall be similar to those submitted for ZMA-90-28. That is, uses shall be restricted to those uses listed under Section 23.2. l, items 4, 7, 8 and those uses listed under Section 23.2.2." If you should have any questions or comments regarding this action, please do not hesitate to contact me. Sincerely, Director of Planning & Con~git~ Development VWC/jcw cc: Amelia McCulley Jo Higgins FAX (804) 972-4126 COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 Mclntire Road. Room 227 Charlottesville. Virginia 22902-4596 TELEPHONE (804) 296-5832 ATTACHMENT D TTD (804) 972-4012 April 6, 2000 Covenant Church of God Attn: Harold L. Bare, Sr. 1025 E. Rio Road Charlottesville, VA 22901 RE: Variance Application, VA-2000-004 Tax Map 61, Parcel 156 Dear Pastor Bare: This letter is to inform you that your variance application, VA-2000-004, was heard by the Albemarle County Board of Zoning Appeals on April 4, 2000. The Board ruled (3:1) to approve your request subject to the following conditions: 1) 2) This variance allows only the 30' X 50' building to be located as shown on SDP 2000-27. No additional encroachment of the fifty foot yard adjacent to the R-4 district is permitted. The approval is subject to the property being rezoned to CO .under ZMA-2000- 001. This approval allows relief from Section 21.7.2 to reduce the CO setback adjacent to a residential district from 50 to 25 feet to allow construction of astor, age building. If you have any questions, please do not hesitate to contact me. John Shepherd Manager of Zoning Administration cc: File ATTACHMENT E RECI::IVED , "'- .994 ZONING DEPARTUENT ATTACHMENT F PROFFER FORM Original Proffer Amended Proffer (Amendment # . Date: ~)c~ 5' ] ~ I Tax Map and Parcel Number(s)(~]OO "OO --C,, O "i~ O C~ C) ' ~ Acres to be rezoned fi:om R- 4 to ~'0 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 rezoned. These conditions are proffered as a part of the requested rezonmg and it is agreed that: (1) the rezonmg itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezonmg request. 1. The uses permitted on the property shall be limited to those permitted by fight in sections 23.2.1.4, 23.2.1.7 and 23.2.1.8, and those permitted by special use permit in section 23.2.2., of the Albemarle County Zoning Ordinance, as they were in effect on lune 14, 2000. Copies of the cited sections are attached hereto. Signa~m. res o~All,Owne~rs _, ~ Printed Names of All Owne~rs OR Signature of Attorney-in-Fact (Attach Proper Power of Attorney) Printed Name of Attorney-m-Fact Date 15 ATTACHMENT F PROFFER FORM Original Proffer Amended Proffer (Amendment # Tax Map and Parcel Number(s) o,,d ICG oo O.~a~l I Acres to be rezoned from C i to_&O____ 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 ro the property, if rezoned. These conditions are proffered as a part of the requested rezonmg and it is agreed that: (1) the rezomng itself gives me to the need for the conditions; and (2) such conditions have a reasonable relation to the rezomng request. 1. The uses permitted on the property shall be limited to those permitted by fight in sections 23.2.1.4, 23.2.1.7 and 23.2.1.8, and those permitted by special use permit in section 23.2.2., of the Albemarle County Zoning Ordinance, as they were in effect on June 14, 2000. Copies of the cited sections are attached hereto. Signatures offi. ll Qwners~ ~ Printed Names of All Owners Signature of Attorney-m-Fact (Attach Proper Power of Attorney) Printed Name of Attorney-in-Fact Date s/a 16 ATTACHMI~NT b 23.2.1 BY RIGHT 4. Churches, cemeterxes. 7. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12- 93) 8. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 23.2.2 BY SPECIAL USE PERMIT 2. Funeral homes. ORDINANCE NO. 00-18(4) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article I, General Provisions, Article II, Basic Regulations, and Article III, District Regulations, of the Code of the County of Albemarle is amended as follows: By Adding: Sec. 6.1 Sec. 6.2 Sec. 6.3 Sec. 6.4 Purpose. Nonconforming uses. Nonconforming structures. Nonconforming lots. By Amending: Sec. 3.1 See. 10.3 Sec. 10.3.1 Sec. 30.6.6.2 Sec. 30.6.6.3 Definitions. Application of regulations for development by right. Conventional development. Repair and maintenance of structures. Exemptions. By Repealing: Sec. 6.1 Sec. 6.2 Sec. 6.3 Sec. 6.4 Sec. 6.5 Sec. 6.6 Continuation. Repairs and maintenance. Changes in district boundaries. Expansion or enlargement. Nonconforming lots. Restoration or replacement. Chapter 18. Zoning Article I. General Provisions Sec. 3.1 Definitions. (Amended 6-14-00) Lot of record: The term "lot of record" means a lot shown on a subdivision plat or other lawful plat or legal description which is lawfully recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia. 1 Nonconforming lot. The term "nonconforming lot" means a lawful lot of record existing on the effective date of the zoning regulations applicable to the district in which the lot is located, that does not comply with the minimum applicable size or other lot requirements of that zoning district. Nonconforming structure. The term "nonconforming structure" means a lawful structure existing on the effective date of the zoning regulations applicable to the district in which the structure is located, that does not comply with the minimum applicable bulk, height, setback, floor area or other structure requirements of that zoning district. Nonconforming use. The term "nonconforming use" means a lawful principal use of the lot existing on the effective date of the zoning regulations applicable to the district in which the use is located, or a more restricted use, that does not comply with the applicable use regulations of that zoning district. A nonconforming use may have accessory uses, but an accessory use shall not be eligible to be a nonconforming use. A use that is seasonal on the effective date of this chapter shall be eligible to be a nonconforming use. A use that is casual, intermittent, or temporary on the effective date of this chapter shall not be eligible to be nonconforming use. Article II. Basic Regulations Sec. 6.1 Purpose. The purpose of this section 6 is to regulate nonconforming uses, structures and lots in a manner consistent with sound planning and zoning principles, except for nonconforming signs regulated by section 4.15, and nonconforming uses and structures within the flood hazard overlay district regulated by section 30.3. Nonconforming uses, structures and lots are declared to be incompatible with the zoning districts in which they are located and, therefore, are authorized to continue only under the circumstances provided herein until they are discontinued, removed, changed or action is taken to conform to the zoning regulations applicable to the district in which the use, structure or lot is located. (Ord. 00-18(4), 6-14-00) State law reference- Va. Code § 15.2-2307. Sec. 6.2 Nonconforming uses. A nonconforming use may continue, subject to the provisions, conditions and prohibitions set forth herein. A. Change, enlargement or extension of area used by a nonconforming use. The area occupied or used by a nonconforming use shall not be: 1. Occupation or use of additional area. Changed, enlarged or extended to either occupy or use an additional area of the same lot or structure other than that which existed on the effective date of the zoning regulations applicable to the district in which the use is located; except that: (i) a nonconforming use may be enlarged or extended throughout any part of 2 a structure that was arranged or designed for such nonconforming use on the effective date of the zoning regulations applicable to the district in which the use is located, but only if the enlargement or extension does not change the character of the nonconforming use; and (ii) a nonconforming quarry or cemetery may be enlarged or extended to either occupy or use an additional area of the lot, or other abutting lots under identical ownership as the lot on which the nonconforming use exists on the effective date of this chapter; or 2. Occupation or use of additional structure. Changed, enlarged or extended to occupy a structure not used for the nonconforming use on the effective date of the zoning regulations applicable to the district in which the use is located; or 3. Relocation to previously unoccupied or unused area. Moved, in whole or in part, to any portion of the lot or any other lot, unoccupied or unused by the nonconforming use on the effective date of the zoning regulations applicable to the district in which the use is located; or 4. Relocation to previously unoccupied or unused structure. Moved, in whole or in part, to another structure unoccupied or unused by the nonconforming use on the effective date of the zoning regulations applicable to the district in which the use is located. B. Enlargement or extension of a nonconforming use. A nonconforming use shall not be enlarged or extended such that the character of the use existing on the effective date of the zoning regulations applicable to the district in which the use is located is changed. The zoning administrator's determination of whether the character of a nonconforming use has changed shall be based on the magnitude of the change in the size and scope of the use and the effects these changes have upon the purposes of this chapter. In evaluating the change in the size and scope of the use, an increase in the volume or intensity of the use and any alteration or variation in the use, such as the provision of additional goods or services, shall be considered. A mere increase in the volume, intensity or frequency of the use that is trivial, insubstantial or reasonably customary or incidental, and that is not accompanied by an alteration or variation in the use, shall not be deemed to be an enlargement or extension of the use. C. Enlargement, extension, reconstruction or structural alteration of a structure. A structure that is used, in whole or in part, for a nonconforming use shall not be enlarged, extended, reconstructed or structurally altered, except in the following circumstances: 1. Sanitary facilities. Notwithstanding any other provision of this chapter, the sole purpose of the enlargement or extension is to house a potable water supply, toilet or other sanitary facilities in a location approved by the zoning administrator, provided that: (i) the sanitary facilities are not duplicative of facilities within the existing structure; (ii) the enlargement or extension is limited to only that area which is necessary to house the sanitary facilities; and (iii) the use of the new area is devoted only to the sanitary facilities. 2. Ordinary repairs and maintenance of structure. The repairs consist of ordinary repairs and maintenance, and the repair or replacement ofnonbearing walls, fixtures, wiring or plumbing, which is necessary to keep the structure in a usable condition. 3 3. Repairs' to correct unsafe condition in structure. Notwithstanding any other provision of this chapter, the repairs are performed to strengthen or restore to a safe condition the structure or any part thereof that has been declared to be unsafe by a public safety official. The repairs may include improvements to provide fire safety and handicapped access, as provided in section 4.9 (buildings and structures: handicapped access) of this chapter, even though these improvements are not mandatory. 4. Repairs or reconstruction of structure. The repairs or reconstruction are performed on a structure which is damaged as a result of factors beyond the control of the owner or occupant thereof, provided that: (i) the repairs or reconstruction commence within one (1) year, and are completed within two (2) years, from the date of the damage; and (ii) the structure is not enlarged or extended as a result of the repair or reconstruction. D. Change to more restricted nonconforming use. If a nonconforming use is changed to a more restricted nonconforming use, the original nonconforming use shall be deemed to be abandoned and the use shall not thereafter be changed back to the original nonconforming use. For purposes of this subsection, a more restricted nonconforming use is a use whose character is either less nonconforming than the original nonconforming use, or that occupies less area of the lot or the structure or structures in which it is located. E. Effect ofchange of ownership. A change ofthe ownership or occupancy ofthe nonconforming use, the structure, or the lot on which the nonconforming use is located, shall not affect the status of the nonconforming use. F. Termination of nonconforming status. The nonconforming status of a use shall terminate and become unlawful if the use is enlarged or extended, or the structure used for the nonconforming use is enlarged, extended, reconstructed or structurally altered, in a manner not authorized by this section. Upon termination of the nonconforming status, the use of the lot or structure shall immediately comply with the regulations set forth in this chapter applicable to the district in which the use is located. G. Discontinuance of a nonconforming use. A nonconforming use and all uses accessory thereto shall be discontinued, and any use of the structure or lot shall thereafter comply with the regulations set forth in this chapter applicable to the district in which the use is located, if the nonconforming use is discontinued for more than two (2) years, regardless of whether the use was continuous or seasonal. The two (2)-year period shall not be tolled during any period during which a structure in which the nonconforming use is conducted is extended, enlarged, repaired, reconstructed or altered as provided in this section 6.2. The continuation of a use that is accessory to the nonconforming use during the two-(2) year period shall not continue the nonconforming use. (§§ 6.1.1, 6.1.2, 6.1.3, 6.1.4, 6.1.5, 6.2.1, 6.2.2, 6.4.1, 6.4.3, 6.6.1, 12-10-80, 3-5-86, 9-21-88, 9- 9-92; Ord. 00-18(4), 6-14-00) State law reference - Va. Code § 15.2-2307. 4 Sec. 6.3 Nonconforming structures. A nonconforming structure may continue, subject to the provisions, conditions and prohibitions set forth herein. A. Extension or enlargement of a nonconforming structure. A nonconforming structure shall not be enlarged or extended except in the following circumstances, and provided that the enlargement or extension complies with all other applicable requirements: 1. Conforming use and compliance with setbacks. The use of the structure complies with the zoning regulations applicable to the district in which the structure is located, and otherwise complies with the front yard, rear and side setback requirements applicable to the district in which the lot is located. 2. Structure where nonconformity is its noncompliance with requirements of section 4.2 of this chapter. The structure is a nonconforming structure solely on the basis of the requirements of section 4.2 of this chapter, and qualifies for the exemption provided in section 4.2.6.1 of this chapter. 3. Structure where nonconformity is its noncompliance with front yard setback. The structure is a nonconforming structure because it does not comply with the from yard setback requirements of the zoning regulations applicable to the district in which the structure is located; provided that the proposed enlargement or extension: (i) is no closer to a public street or private road right-of-way than the existing nonconforming structure; (ii) is a minimum of twenty-five (25) feet from the right-of-way; and (iii) the applicable rear and side yard setback requirements are complied with, unless they can be reduced pursuant to section 4.11 of this chapter. 4. Detached single family dwelling where nonconformity is its noncompliance with setback. The detached single family dwelling is a nonconforming structure because it does not comply with any setback requirements of the zoning regulations applicable to the district in which the structure is located, and the zoning district in which the dwelling is located authorizes detached single family dwellings as a permitted use; provided that the proposed enlargement or extension is: (i) no closer to a public street or private road right-of-way than the existing nonconforming dwelling; (ii) a minimum of twenty-five (25) feet from the right-of-way; (iii) a minimum of six (6) feet from a side or rear property line; and (iv) no closer to any other the property line than the existing dwelling. 5. Sanitary facilities. Notwithstanding any other provision of this chapter, the sole purpose of the enlargement or extension is to house a potable water supply, toilet or other sanitary facilities in a location approved by the zoning administrator, provided that: (i) the sanitary facilities are not duplicative of facilities within the existing structure; (ii) the enlargement or extension is limited to only that area which is necessary to house the sanitary facilities; and (iii) the use of the new area is devoted only to the sanitary facilities. B. Repairs, reconstruction or structural alterations of a nonconforming structure. nonconforming structure shall not be reconstructed or structurally altered, except in the following circumstances: A 1. Damage caused by factors beyond control of owner or occupant. The nonconforming structure (other than a nonconforming sign) is damaged as a result of factors beyond the control of the owner or occupant thereof, provided that: (i) the repairs, reconstruction or structural alterations commence within one (1) year, and are completed within two (2) years, from the date of such damage; and (ii) the structure is not enlarged or extended as a result of such repair, reconstruction or structural alteration. 2. Repair to correct unsafe condition in structure. Notwithstanding any other provision of this chapter, the nonconforming structure may be repaired to strengthen or restore the structure or any part thereof to a safe condition that has been declared to be unsafe by a public safety official. The repairs may include improvements to provide fire safety and handicapped access, as provided in section 4.9, buildings and structures: handicapped access, of this chapter, even though these improvements are not mandatory. 3. Structural alteration reducing size of nonconforming structure. A nonconforming structure may be structurally altered to reduce its height or floor area. However, ifa nonconforming structure is altered so as to reduce either the height or the floor area of the structure, the height or the floor area of the original nonconforming structure shall be deemed to be abandoned and the structure shall not thereafter be altered to the original nonconforming structure. 4. Structure where nonconformity is its noncompliance with requirements of section 4.2 of this chapter. The structure is a nonconforming structure solely on the basis of the requirements of section 4.2 of this chapter, and qualifies for the exemption provided in section 4.2.6.1 of this chapter. C. Relocation of a nonconforming structure. A nonconforming structure shall not be moved to another location on the same lot or to any other lot unless the structure becomes conforming as a result of the relocation. D. Replacement of a nonconforming manufactured home. A nonconforming manufactured home may be replaced with another manufactured home, provided it is labeled in accordance with the current edition of the Virginia Manufactured Home Safety Regulations, and is installed in accordance with the current edition of the Virginia Uniform Statewide Building Code. Section 4.1.6 of this chapter shall apply to the replacement of the manufactured home. E. Effect ofchange of ownership. A change ofthe ownership or occupancy ofthe nonconforming structure or the lot on which the nonconforming structure is located shall not affect the status of the nonconforming structure. F. Termination of nonconforming status. The nonconforming status of a structure shall terminate and become unlawTul if the structure is enlarged, extended, repaired, 6 reconstructed, structurally altered or replaced in a manner not authorized by this section. Upon termination of the nonconforming status, the structure shall immediately comply with the regulations set forth in this chapter applicable to the district in which the structure is located. G. Discontinuance of use of nonconforming structure. Use ora nonconforming structure shall be discontinued, and the structure shall thereafter comply with the regulations set forth in this chapter applicable to the district in which the structure is located, if the occupation or use is discontinued for more than two (2) years, regardless of whether the prior occupancy or use of the structure was continuous or seasonal. The two (2)-year period shall be tolled during any periods during which the owner diligently and in good faith pursues obtaining an occupant or use for the structure and during the period during which the owner diligently and in good faith extends, enlarges, repairs, reconstructs or alters a structure as authorized in this section 6.3. (§§ 6.1.1, 6.1.2, 6.1.3, 6.2.1, 6.2.2, 6.4.2, 6.6.1, 6.6.2, 12-10-80, 9-21-88, 9-9-92; Ord. 00-18(4), 6-14-00) State law reference - Va. Code § 15.2-2307. Sec. 6.4 Nonconforming lots. A nonconforming lot may continue, subject to the provisions, conditions and prohibitions set forth herein. as follows: Physical changes to a nonconforming lot. A nonconforming lot may be changed 1. Area or width. The area or width, or both, of a nonconforming lot may be increased to make the lot less nonconforming. 2. Boundary line adjustments. The boundary of a nonconforming lot may be adjusted provided that one lot sharing the boundary to be adjusted is a conforming lot and the boundary line adjustment does not make the conforming lot nonconforming or the nonconforming lot more nonconforming. 3. Public dedication or eminent domain. The area of a nonconforming lot may be reduced by dedication for a public purpose or by the exercise of eminent domain. B. Uses allowed on a nonconforming lot. A nonconforming lot may be used as though it satisfies the zoning regulation that makes it nonconforming, provided that: 1. The use is either a nonconforming use or is a use that complies with the zoning regulations applicable to the district in which the lot is located; and 2. The zoning administrator determines that the lot may be occupied consistently with the public health, safety and general welfare. 7 C. Division, combination, or adjustment of boundary line of nonconforming lot authorized. A nonconforming lot may be divided, combined with any other lot, or have one or more of its boundary lines adjusted, provided: 1. The resulting lot or lots comply with the requirements applicable to the district in which the lot is located and all other applicable requirements of the Albemarle County Code; or 2. In the opinion of the zoning administrator, the resulting lot or lots more substantially conform to the requirements of section 4.0 (general regulations) of this chapter and the area and bulk regulations applicable to the district in which the lot is located, and comply with all other applicable requirements of the Albemarle County Code. D. Setbacks applicable to a nonconforming lot. The current fiont, rear and side yard minimum setbacks applicable to the district in which the lot is located shall apply to a nonconforming lot; provided, that if any such setback is thereafter reduced as a result of an amendment to the setbacks applicable to the district in which the lot is located, and in effect when an existing structure is extended or enlarged, then that reduced setback shall apply. E. Effect of change of ownership. A change of the ownership or occupancy of a nonconforming lot shall not affect the status of the nonconforming lot. (§§ 6.1.1, 6.1.2, 6.5.1, 6.5.2, 6.5.4, 12-10-80, 4-15-81, 9-21-88, 6-14-89, 9-9-92; Ord. 00-18(4), 6-14-00) State law reference - Va. Code § 15.2-2307. Sec. 6.5 (Repealed 6-14-00) Sec. 6.6 (Repealed 6-14-00) Article Ill. District Regulations Sec. 10.3 Application of regulations for development by fight. The following provisions shall apply to any parcel of record at 5:15 p.m., the tenth day of December, 1980. (§ 10.3, 12-10-80, 11-8-89; Ord. 00-18(4), 6-14-00) Sec. 10.3.1 Conventional development. Regulations in section 10.5 governing development by right shall apply to the division of a parcel into five (5) or fewer lots of less than twenty-one (21) acres in area and to the location of five (5) or fewer dwelling units on any parcel in existence at the time of adoption of this ordinance (reference sections 1.3). The aggregate acreage devoted to such lots or development shall not exceed thirty-one (31) acres, except in such case where this aggregate acreage 8 limitation is precluded by other provisions of this ordinance. The second sentence of this provision shall not be applicable to land divided between the effective date of this ordinance (reference sections 1.3 and) and November 8, 1989. (§ 10.3.1, 12-10-80, 11-8-89, 9-9-92; Ord. 00-18(4), 6-14-00) Sec. 30.6.6.2 Repair and maintenance of structures. An owner may repair and maintain a nonconforming structure or a structure occupied or used by a nonconforming use as provided in sections 6.2(C), 6.3(A)(3) and 6.3(B) of this chapter, upon determination by the zoning administrator that such repair or maintenance would not be contrary to the intent and purposes of this section 30.6. (§ 30.6.6.2, 10-3-90; Ord. 00-18(4), 6-14-00) Sec. 30.6.6.3 Exemptions. The provisions of section 30.6.4.1 notwithstanding, no certificate of appropriateness shall be required for the following activities: a. The following exemptions shall apply to all buildings and structures: 1. Interior alterations to a building or structure having no effect on exterior appearance of the building or structure. 2. Construction oframps and other modifications to serve the handicapped in accord with section 4.9. 30.6.6.2. The repair and maintenance of structures authorized pursuant to section 4. Main and accessory residential, forestal and agricultural buildings where no site development plan is required for the work subject to the building permit. proposed. General maintenance where no substantial change in design or material is 6. Additions or modifications to a building where no substantial change in design or material is proposed as determined by the zoning administrator. (§ 30.6.6.3, 5-18-94; Ord. 00-18(4), 6-14-00) 9 I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero , as recorded below, at a regular meeting held on June 14, 2000. Aye Mr. Bowerman Y Mr. Dorrier Y Ms. Humphris Y Mr. Martin Y Mr. Perkins Y Ms. Thomas Y Clerk, Board of County Supervis~,.~, Nay 10 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 MEMORANDUM TO: FROM: DATE: Albemarle County Board of Supervisors V. Wayne Cilimberg, Director of Planning & Community Development June 8, 2000 ZTA-00-005 Non-Conformities The Albemarle County Planning Commission, at its meeting on May 30, 2000, unanimously recommended approval of the above-noted zoning text amendments to the Board of Supervisors. Attached please find staff reports for these items. The Board of Supervisors is scheduled to review these amendments at their meeting on June 14, 2000. If you have any questions, please do not hesitate to contact me. VWC/jcf ATTACHMENTS Draft: 06/13/00 2_. The zoning administrator determines that the lot may be occupied consistently with the public health, safety and general welfare. authorized. Division, combination, or ad/ustment of boundary line qf nonconforming lot A nonconforming lot may be divided, combined with any other lot, or have one or more of its boundary lines adjusted, provided: 1_. The resulting lot or lots comply with the requirements applicable to the district in which the lot is located and all other applicable requirements of the Albemarle County Code; or In the opinion of the zoning administrator, the resulting lot or lots more substantially conform to the requirements of section 4.0 (general regulations) of this chapter and the area and bulk regulations applicable to the district in which the lot is located, and comply urith all other applicable requirements of the Albemarle County Code. Setbacks applicable to a nonconforming lot. The current front, rear and side yard minimum setbacks applicable to the district in which the lot is located shall apply to a nonconforming lot; provided, that if any such setback is thereafter reduced as a result of an amendment to the setbacks applicable to the district in which the lot is located, and in effect when an existing structure is extended or enlarged, then that reduced setback shall apply. E: Effect of change of ownership. A change of the ownership or occupancy of a nonconforming lot shall not affect the status of the nonconforming lot. (§§ 6.1.1, 6.1.2, 6.5.1, 6.5.2, 6.5.4, 12-10-80, 4-15-81, 9-21-88, 6-14-89, 9-9-92; Ord. 00-18( )) State law reference- Va. Code § 15.2-2307. 8 D. Setbacks applicable to a nonconforming lot. The current front, rear and side yard minimum setbacks applicable to the district in which the lot is located, ir. effect -::hen a s*~vacv'ore ~.: !ack. ed ar canztracted, shall apply to a nonconforming lot; provided, that if any such setback is thereafter reduced as a result of an amendment to the setbacks applicable to the district in which the lot is located, and in effect when an existing structure is extended or enlarged, then that reduced setback shall apply. STAFF PERSON: Jan Sprinkle PLANNING COMMISSION: May 16, 2000 BOARD OF SUPERVISORS: June 14, 2000 ZTA-2000-005: To amend Chapter 18, Zoning, of the Albemarle County Code as it relates to nonconforming structures, uses and lots in Section 6.0. PUBLIC PURPOSE TO BE SERVED: · Makes the nonconforming section of the ordinance more easily understood by a layperson. It will also make it easier on staff to interpret the language regarding certain uses. · Will allow certain existing nonconforming homes to be expanded without the additional process of a variance hearing. Housing affordability: The proposed amendment would not affect housing affordability. Implications to Staffing and Staffing Costs: This amendment is not envisioned to result in any increase in staff numbers, and may serve to reduce staff and BZA hours spent in variance hearings, possibly saving money. BACKGROUND: The Board of Supervisors adopted a Resolution of Intent to amend Section 6.0, Nonconformities on March 3, 1999. (Attachment A.) This amendment pertains to the regulation of nonconforming uses, structures and lots. The draft text addresses the commonly recurring variances for additions to nonconforming homes and it clarifies ambiguities. During the years 1997 through 1999, setback variance requests for additions to nonconforming homes occurred two to three times more often than any other type of request. In July 1999, the Board of Zoning Appeals (BZA), in recognition of these recurring variances, requested staff to propose new text regarding the nonconforming provisions of the Zoning Ordinance. Once staff started making the necessary changes desired by the BZA, staff realized that it would be useful to revise the entire section. Therefore this proposal now includes: reorganizing and clarifying the entire nonconforming section; establishing regulations pertaining to extending or enlarging nonconforming structures where the only nonconformity is the front yard setback; and making other changes to promote good zoning practices. Attachment B is the draft text. OUTLINE AND DESCRIPTION OF CHANGES: The following is an' explanation of the more important changes. Most of the draft text is simply reorganized and duplicated in the separate sections devoted to uses, structures and lots. Staff Report, ZTA-O0-O05 2 May '16, 2000 Section 3.1 Definitions - The "lot of record" definition is used in several places in the ordinance and previously had slightly different meanings. This revised definition and the addition of a definition for "nonconforming lot" allows the use to be standardized for all sections. The "nonconforming use" definition was expanded to clarify the distinction between principal and accessory uses. Section 6.1 Purpose. This section was added to explain the purpose of the regulations and note those nonconformities not covered in section 6.0. Section 6.2 Nonconforming uses, Section 6.3 Nonconforming structures, and Section 6.4 Nonconforming lots. These sections have been separated to more adequately address the differences between uses, structures and lots. Each type of nonconformity has its individual applicability. For instance, in the use section, language has been added to include the expansion of area of a use that has no structure, such as a golf course or a junkyard. Nonconforming quarries and cemeteries also needed special language to allow them to continue in certain cases. Regulations were added to address nonconforming seasonal uses. Section 6.3.A.3 allows existing residential or commercial structures that do not comply with the front yard setbacks to be expanded, provided that the addition is: a) no closer to the right-of-way (r/w) than the existing structure; b) is at least 25 feet from the r/w; and, c) other yard requirements can be met. Similarly, for only residential structures, section 6.3.A.4 allows expansion if the existing structure is at least 25 feet from any r/w, and at least 6 feet from a side or rear property line and the addition will be no closer to the r/w or property line than the existing structure. Those two changes are in response to the BZA and will remedy the recurring variances heard in the last few years. Finally, Section 6.4, Nonconforming lots, has been clarified to specify that the setbacks on the date a structure is located or constructed shall apply unless there is an amendment to the ordinance to reduce the setbacks In that case, the reduced setback shall apply. Section 10 has been amended to reflect the changes to the "lot of record" definitions. Section 30.6, Entrance Corridors, has been modified to refer to the appropriate new sections. STAFF RECOMMENDATION: The Planning Commission should recommend 'to the Board of Supervisors the adoption of the ordinance as it is written and the Board should adopt the ordinance. Attachment A: Resolution of Intent Attachment B: Draft text of proposed Section 6.0 C:~windows~TEMP~TA 00-05. doc ATTACHMENT A RESOLUTION OFINTENT WHEREAS, Section 6.0, Nonconformities, of the Zoning Ordinance establishes the regulations applicable to nonconforming uses, structures and lots; and WHEREAS, it is desired to amend Section 6.0 by reorganizing and clarifying the section, establishing regulations pertaining to extending or enlarging nonconforming residential structures where the only nonconformity is the structures' noncompliance with the applicable front yard setback, and making other changes to promote good zoning practices. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Albemarle County Board of Supervisors hereby adopts a resolution of intent to amend Section 6.0, Nonconformities, of the Zoning Ordinance as described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on this resolution of intent, and return its recommendations to the Board of Supervisors at the earliest possible date. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a resolution of intent adopted by the Board of County Supervisors of Albemarle County, Virginia, at a regular meeting held on February ,1999. Clerk, Board of County Supervisors Draft: 05/24/00 ORDINANCE NO. 00-18( ) ATTACHMENT B AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article I, General Provisions, Article II, Basic RegulationS, and Article III, District Regulations, of the Code of the County of Albemarle is amended as follows: By Adding: Sec. 6.1 Sec. 6.2 Sec. 6.3 Sec. 6.4 Purpose. Nonconforming uses. Nonconforming structures. Nonconforming lots. By Amending: Sec. 3.1 Sec. 10.3 Sec. 10.3.1 Sec. 30.6.6.2 Sec. 30.6.6.3 Definitions. Application of regulations for development by right. Conventional development. Repair and maintenance of structures. Exemptions. By Repealing: Sec. 6.1 Sec. 6.2 Sec. 6.3 Sec. 6.4 Sec. 6.5 Sec. 6.6 Continuation. Repairs and maintenance. Changes in district boundaries. Expansion or enlargement. Nonconforming lots. Restoration or replacement. Chapter 18. Zoning Article I. General Provisions Sec. 3.1 Definitions. Lot of~r=ecord: The term "lot of record" means a ~ lot ~hown on a subdivision plat or other lawful r>lat o ,-a-p-hat-or-e~ legal description which is og-r-ee-or-d lawfully recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia. Nonconforming lot. The term "nonconforming.lot" means a lawful lot of record existing on the effective date of the zoning regulations applicable to the district in which the lot is Draft: 05/24/00 located, thht does not comply with the minimum applicable size or other lot requirements of that zoning district. Nonconforming structure. The term "nonconforming structure" means a lawful structure existing on the effective date of the zoning regulations apvlicable to the district in which the structure is located, that does not comply with the minimum applicable bulk, height, setback, floor area or other structure requirements of that zoning district. Nonconforming use. The term "nonconforming use" means a lawful principal use of the lot existing on the effective date of the zoning regulations applicable to the district in which the use is located, or a more restricted use, that does not comply with the applicable use regulations of that zoning district. A nonconforming use may have accessory uses, but an accessory use shall not be eligible to be a nonconforming use. A use that is seasonal on the effective date of this chapter shall be eligible to be a nonconforming use. A use that is casual, intermittent, or temporary on the effective date of this chapter shall not be eligible to be nonconforming use. Article II. Basic Regulations See. 6.1 Purpose. The purpose of this section 6 is to regulate nonconforming uses, structures and lots in a manner consistent with sound planning and zoning principles, except for nonconformin~ signs regulated by section 4.15, and nonconforming uses and structures within the flood hazard overlay district regulated by section 30.3. Nonconforming uses, structures and lots are declared to be incompatible with the zoning districts in which they are located and, therefore, are authorized to continue only under the circumstances provided herein until they are discontinued, removed, changed or action is taken to conform to the zoning regulations applicable to the district in which the use, structure or lot is located. (Ord. 00-18()) State law reference - Va. Code § 15.2-2307. Sec. 6.2 Nonconforming uses. A nonconforming use may.continue, subject to the provisions, conditions and prohibitions set forth herein. Draft: 05/24/00 A_~. Change enlareement or extension of area used by a nonconforming use. The area occupied or used by a nonconforming use shall not be: 1_. Occupation or use Of additional area. Changed, enlarged or extended to either occupy or use an additional area of the same lot or structure other than that which existed on the effective date of the zoning regulations applicable to the district in which the use is located; except that: (i) a nonconforming use may be enlarged or extended throughout any part of a structure that was arraneed or designed for such nonconforming use On the effective date of the zonin~ regulations applicable to the district in which the use is located, but only if the enlargement or extension does not change the character of the nonconforming use; and (ii) a nonconforming quarry or cemetery may be enlarged or extended to either occupy or use an additional area of the lot: or other abutting lots under identical ownership aS the lot on which the nonconforming use exists on the effective date of this chapter; or 2_. Occupation or use o. f additional structure. Changed, enlarged or extended to occupy a structure not used for the nonconforming use on the effective date of the zoning regulations applicable to the district in which the use is located; or Relocation to previously unoccupied or unused area. Moved, in whole or in part, to any portion of the lot or any other lot, unoccupied or unused by the nonconforming use on the effective date of the zoning regulations applicable to the district in which the use is located; or 4_. Relocation to previously unoccupied or unused structure. Moved, in whole or in part, to another structure unoccupied or unused by the nonconforming use on the effective date of the zoning regulations applicable to the district in which the use is located. B__~._ Enlargement or extension o. f a nonconforming use. A nonconforming use shall not be enlarged or extended such that the character of the use existing on the effective date of the zoning regulations applicable to the district in which the use is located is changed. The zoning administrator's determination of whether the character of a nonconforming use has changed shall be based on the magnitude of the change in the size and scope of the use and the effects these changes have upon the purposes of this chapter. In evaluating the change in the size and scope of the use, an increase in the volume or intensity of the use and any alteration or variation in the use.` such as the provision of additional goods or services, shall be considered. A mere increase in the volume., intensity or frequency of the use that is trivial, insubstantial or reasonably customary or incidental, and that is not accompanied by an alteration or variation in the use.` shall not be deemed to be an enlargement or extension of the use. C_ Enlargement. extension, reconstruction or structural alteration ora structure. A structure that is used, in whole or in part, for a nonconforming use shall not be enlarged, extended, reconstructed or structurally altered, except in the following circumstances: Sanita~..facilities. Notwithstanding any other provision of this chapter, the sole purpose of the enlargement or extension is to house a potable water supply, toilet or other sanitary facilities in a location approved by the zoning administrator, provided that: (i) the Draft: 05/24/00 sanitary facilities are not duplicative of facilities within the existing structure; (ii) the enlargement or extension is limited to only that area which is necessary to house the sanitary facilities; and (iii) the use of the new area is devoted only to the sanitary facilities. Ordinary repairs and maintenance of structure. The repairs consist of ordinary repairs and maintenance, and the ret)air or replacement of nonbearing walls, fixtures, wiring or plumbing, which is necessary to keep the structure in a usable condition. 3_. Repairs to correct unsqfe condition in structure. Notwithstanding any o. ther provision of this chapter., the repairs are performed to strengthen or restore to a safe condition the structure or any part thereof that has been declared to be unsafe by a public safety official. The repairs may include improvements to provide fire Safety and handicapped access, as provided in section 4.9 (buildings and structures: handicapped access) of this chapter, even though these improvements are not mandatory. 4___. Repairs or reconstruction o. f structure. The repairs or reconstruction are performed on a structure which is damaged as a result of factors beyond the control of the owner or occupant thereof., provided that: (i) the repairs or reconstruction commence within one (1) year, and are completed within two (2) years, from the date of the damage; and (ii) the structure is not enlarged or extended as a result of the repair or reconstruction. D__~_ _Change to more restricted nonconforming use. If a nonconforming use is chan~ed to a more restricted nonconforming use, the original nonconforming use shall be deemed to be abandoned and the use shall not thereafter be changed back to the original nonconforming use. For purposes of this subsection, a more restricted nonconforming use is a use whose character is either less nonconforming than the original nonconforming use., or that occupies less area of the lot or the structure or structures in which it is located. E. Effect o. fchange o. fownership. A change of the ownership or occupancy of the nonconforming use, the structure, or the lot on which the nonconforming use is located, shall not affect the status of the nonconformine use. Termination ofnoncon, forming status. The nonconforming status of a use shall terminate and become unlawful if the use is enlarged or extended, or the structure used for the nonconforming use is enlarged, extended, reconstructed or structurally altered, in a manner not authorized by this section. Upon termination of the nonconforming status, the use of the lot or structure shall immediately comply with the regulations set forth in this chapter applicable to the district in which the use is located. G. DiscontinuanCe ora nonconforming use. A nonconforming use and all uses accessory thereto shall be discontinued, and any use of the structure or lot shall thereafter comply with the regulations set forth in this chapter applicable to the district in which the Use is located, if the nonConforming use is discontinued for more than two (2) years, regardless of whether the use was continuous or seasonal. The two (2)-year period shall not be tolled during any period during which a structure in which the nonconforming use is conducted is extendedi enlarged, repaired, reconstructed or altered as provided in this section 6.2. The continuation of a use that is 4 Draft: 05/24/00 accessory to the nonconforming use during the two,(2) year period shall not continue the nonconforming use. (§§ 6.1.1, 6.1.2, 6.1.3, 6.1.4, 6.1.5, 6.2.1, 6.2.2, 6.4,1, 6.4.3, 6.6.1, 12-10-80, 3-5-86, 9-21-88, 9- 9-92; Ord. 00-18()) State law reference - Va. Code § 15.2-2307. Sec. 6,3 Nonconforming structures. A noncOnforming structure may continue, subject to the provisions, conditions and prohibitions set forth herein. A__~. Extension or enlargement o. f a nonconforming structure. A nonconforming structure shall not be enlarged or extended except in the following circumstances, and Provided that the enlargement or extension complies with all other applicable requirements: 1_,. Conforming use and compliance with setbacks. The use of the structure complies with the zoning regulations applicable to the district in which the structure is located, and otherwise complies with the front yard, rear and side setback requirements applicable to the district in which the lot is located. Structure where nonconformi~, is its noncompliance with requirements o.f section 4.2 of this chapter. The structure is a nonconforming structure solely on the basis of the requirements of section 4.2 of this chapter, and qualifies for the exemption provided in section 4.2.6.1 of this chapter. Structure where nonconformi.~, is its noncompliance with front.yard setback. The structure is a nonconforming structure because it does not comply with the front yard setback requirements of the zoning regulations applicable to the district in which the structure is located; provided that the proposed enlargement or extension: (i) is no closer to a public street or private road right-of-way than the existing nonconforming structure; (ii) is a minimum of twenty-five (25) feet from the right-of-way; and (iii) the applicable rear and side yard setback requirements are complied with, unless they can be reduced pursuant to section 4.11 of this chapter. Detached single family dwelling where noncon, formi~, is its noncompliance with setback. The detached single family dwelling is a nonconforming structure because it does not comply with any setback requirements of the zoning regulations applicable to the district in which the structure is located, and the zoning district in which the dwelling is located authorizes detached single family dwellings as a permitted use; provided that the proposed enlargement or extension is: (i) no closer to a public street or private road right-of-way than the existing nonconforming dwelling; (ii) a minimum of twenty-five (25) feet from the right-of-way; (iii) a minimum of six (6) feet from a side or rear property line; and (iv) no closer to any other the property line than the existing dwelling. Draft: 05/24/00 5_. Sanitary.facilities, Notwithstanding any other provision of this chapter, the sole purpose of the enlargement or extension is to house a potable water supply, toilet or other sanitary, facilities in a location approved by the zoning administrator, provided that: (i) the sanitary facilities are not duplicative of facilities within the existing structure; (ii) the enlargement or extension is limited to only that area which is necessary to house the sanitary facilities; and (iii) the use of the new area is devoted only to the sanitary facilities. B_~. Repairs. reconstruction or structural alterations ora nonconforming structure. A nonconforming structure shall not be reconstructed or structurally altered, except in the following circumStances: Damage caused by.factors beyond control o. fowner or occupant. The nonconforming structure (,other than a nonconforming sign) is damaged as a result of factors beyond the control of the owner or occupant thereof., provided that: (i) the repairs, reconstruction or structural alterations commence within one (1) year, and are completed within two (2) years, from the date of such damage: and (ii/the structure is not enlarged or extended as a result of such repair, reconstruction or structural alteration. 2_. Repair to correct unsafe condition in structure. Notwithstanding any other provision of this chapter, the nonconforming structure may be repaired to strengthen or restore the structure or any part thereof to a safe condition that has been declared to be unsafe by a public safety official. The repairs may include improvements to provide fire safety and handicapped access, as provided in section 4.9, buildings and structures: handicapved access, of this chapter, even though these improvements are not mandatory. 3_._ Structural alteration reducing size of nonconforming structure. A nonconforming structure may be structurally altered to reduce its height or floor area. However, if a nonconforming structure is altered so as to reduce either the height or the floor area of the structure, the height or the floor area of the original nonconforming structure shall be deemed to be abandoned and the structure shall not thereafter be altered to the original nonconforming structure. 4_. Structure where noncon£ormi~, is its noncompliance with requirements of section 4. 2 o. fthis chapter. The structure is a nonconforming structure solely on the basis of the requirements of section 4.2 of this chapter, and qualifies for the exemption provided in section 4.2.6.1 of this chapter. C~ Relocation of a nonconforming structure. A nonconforming structure shall not be moved to another location on the same lot or to any other lot unless the structure becomes conforming as a result of the relocation. D._ Replacement o£a nonconforming manufactured home. A nonconforming manufactured home may be replaced with another manufactured home, provided it is labeled in accordance with the current edition of the Virginia Manufactured Home Safety Regulations, and is installed in accordance with the current edition of the Virginia Uniform Statewide Building Code. Section 4.1.6 of this chapter shall apply to the replacement of the manufactured home. Draft: 05/24/00 E_._ Effect of change o..fownership. A change of the ownership or occupancy of the nonconforming structure or the lot on which the nonconforming structure is located shall not affect the status of the nonconformin~ structure. F_._ Termination o£nonconforming status. The nonconforming status of a structure shall terminate and become unlawful if the structure is enlarged, extended, repaired, reconstructed, structurally altered or replaced in a manner not authorized by this section. Upon termination of the nonconforming status, the structure shall immediately comply with the regulations set forth in this chapter applicable to the district in which the structure is located. G_~. Discontinuance of use o£noncon, forming structure. Use of a nonconforming structure shall be discontinued, and the structure shall thereafter comply with the regulations set forth in this chapter applicable to the district in which the structure is located, if the occupation or use is discontinued for more than two (2) years, regardless of whether the prior occupancy or use of the structure was continuous or seasonal. The two (2)-year period shall be tolled during any periods during which the owner diligently and in good faith pursues obtaining an occupant or use for the structure and during the period during which the owner diligently and in good faith extends, enlarges, repairs, reconstructs or alters a structure as authorized in this section 6.3. (§§ 6.1.1, 6.1.2, 6.1.3, 6.2.1, 6.2.2, 6.4.2, 6.6.1, 6.6.2, 12-10-80, 9-21-88, 9-9-92; Ord. 00-19( )) State law reference - Va. Code § 15.2-2307. Sec, 6,4 Nonconforming lots. A nonconforming lot may continue, subject to the provisions, conditions and prohibitions set forth herein. m~._ as follows: Physical changes to a nonconforming lot. A nonconforming lot may be changed 1_. Area or width. The area or width, or both, of a nonconforming lot may be increased to make the lot less nonconforming. 2_. Boundary line adjustments. The boundary of a nonconforming lot may be adjusted provided that one lot sharing the boundary, to be adjusted is a conforming lot and the boundary, line adjustment does not make the conforming lot nonconforming or the nonconforming lot more nonconforming. 3_. Public dedication or eminent domain. The area of a nonconforming lot may be reduced by dedication for a public purpose or by the exercise of eminent domain. B_. Uses allowed on a nonconforming lot. A nonconforming lot may be used as though it satisfies the zoning regulation that makes it nonconforming, provided that: 1_. The use is either a nonconforming use or is a use that complies with the zoning regulations applicable to the district in which the lot is located; and Draft: 05/24/00 2___. The zonine administratOr determines that the lot may be occut~ied cOnsistently with the public health, safety and general, welfare. C__~_ Division, combination, or adfustment o. f boundary line of noncon.forming lot authorized. A nonconforming lot may be diVided, combined With any other lot, or have one or more of its boundary, lines adjusted, provided: 1_. The resulting lot or lots comply with the requirements applicable to the district in which the lot is located and all Other applicable requirements of the Albemarle County Code; or 2_. In the opinion of the zoning administrator, the resulting lot or lots more substantially conform to the requirements of section 4.0 (general regulations) of this chapter and the area and bulk regulations armlicable to the district in which the lot is located, and comply with all other applicable requirements of the Albemarle County Code. D__=. Setbacks applicable to a noncon, forming lot. The front, rear and side yard minimum setbacks applicable to the district in which the lot is located, in effect when a structure is located or constructed, shall apply to a nonconforming lot; provided, that if any such setbaCk is thereafter reduced as a result of an amendment to the setbacks applicable to the district in which the l°t is located, and in effeCt when an existing structure is extended or enlarged, then that reduced setback shall apply. E_. Effect of change of ownership. A change of the ownership or occupancy of a nonconforming lot shall not affect the status of the nonconforming lot. (§§ 6.1.1, 6.1.2, 6.5.1, 6.5.2, 6.5.4, 12-10-80, 4-15-81, 9-21-88, 6-14-89, 9-9-92; Ord. 00-18( )) State law reference - Va. Code § 15.2-2307. 6.1.1 Draft: 05/24/00 6.2.1 6.2.2 6.4.1 9 Draft: 05/24/00 6.5A ........... c ~_+; ...... ,~,o +~.~.~:.. ,..·, ever;. ..... ~- ..... ~.a;..;~:^. shall conform tc ................... .; ................... e, ........ ,..t ............ o ...... n d.O, gener ..... 1,-,+; ..... A +k ....... ,4 T...,ll ...... 1,-.+; .... ~c+h. A;~f..;,~f ;r, ,,,T-,;r,k o,..T., ,~ ^ ~.~ ~ ~ ~ ~a. ?dr, ended 9 9 92) g ~ DI~TF~D ATTF~I ~D D~DI A ['~I~llI~IT 10 Draft: 05/24/00 Article III. District Regulations Sec. 10.3 Application of regulations for development by right. The following provisions shall apply to any parcel of record at 5' 15 p.m., the tenth day of December, 1980 ~. (§ 10.3, 12-10-80, 11-8-89; Ord. 00-18()) Sec. 10.3.1 Conventional development. Regulations in section 10.5 governing development by right shall apply to the division of a parcel into five (5) or fewer lots of less than twenty-one (21) acres in area and to the location of five (5) or fewer dwelling units on any parcel in existence at the time of adoption of this ordinance (reference sections 1.3-,.,.~"~ ,,.,._,~. a < ~ The aggregate acreage devoted to such lots or development shall not exceed thirty-one (31 ) acres, except in such case where this aggregate acreage limitation is precluded by other provisions of this ordinance. The second sentence of this provision shall not be applicable to land divided between the effective date of this ordinance (reference sections 1.3 and 6.5.2) and November 8, 1989. (§ 10.3.1, 12-10-80, 11-8-89, 9-9-92; Ord. 00-18( )) Sec. 30.6.6.2 Repair and maintenance of structures., An owner may repair and maintain a nonconforming structure or a structure occupied or used by a nonconforming use as provided in sections 6.2(C), 6.3(A)(3) and 6.3(B) of this chapter, upon determination by the zoning administrator that such repair or maintenance would not be contrary to the intent and purposes of this section 30.6. 11 Draft: 05/24/00 (§ 30.6.6.2, 10-3-90; Ord. 00-18()) Sec. 30.6.6.3 Exemptions. The provisions of section 30.6.4.1 notwithstanding, no certificate of appropriateness shall be required for the following activities: a. The following exemptions shall apply to all buildings and structures: 1. Interior alterations to a building or structure having no effect on exterior appearance of the building or structure. 2. Construction of ramps and other modifications to serve the handicapped in accord with section 4.9. ........... ,. .... ,~;.~ ~.~, ,~. .... ;~_ ~:~;~,~, ........... · · .... *;^~ ~ ~ The pair and maintenance of structures authorized pursuant to section 30.6.6.2. 4. Main and accessory residential, forestal and agricultural buildings where no site development plan is required for the work subject to the building permit. General maintenance where no substantial change in design or material is proposed. 6. Additions or modifications to a building where no substantial change in design or material is proposed as determined by the zoning administrator. (§ 30.6.6.3, 5-18-94; Ord. 00-18()) I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of ~ to ~, as recorded below, at a regular meeting held on Mr. Bowerman Mr. Dorrier Ms. Humphris Mr. Martin Mr. Perkins Ms. Thomas Aye Nay Clerk, Board of County Supervisors 12 ORDINANCE NO. 00-18(3) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article II, Basic Regulations, and Article III, District Regulations, are hereby amended and reordained as follows: By Adding: Sec. 4.18 Sec. 4.18.01 Sec. 4.18.02 Sec. 4.18.03 Sec. 4.18.04 Sec. 4.18.05 Sec. 4.18.06 Sec. 4.18.07. Noise. Applicability. Definitions. Procedure for measuring sound. Maximum sound levels. Exempt sounds. Existing sound sources. Modification, waiver, or variation. By Amending: Sec. 4.14.1 Sec. 5.1.02 Sec. 5.1.09 Sec. 5.1.11 Sec. 5.1.16 Sec. 5.1.37 Sec. 30.4.14 Noise. Clubs, lodges. Fire, ambulance, rescue squad station (volunteer). Commercial kennel, veterinary, animal hospital. Swimming, golf, tennis clubs. Outdoor amphitheaters. Performance standards. By Repealing: Sec. 4.14.1.1 Method of measurement. Sec. 4.14.1.2 Meaning of terms. Chapter 18. Zoning Article II. Basic Regulations Sec. 4.14.1 Noise. All sources of noise (except those not under direct control of occupant of use, such as vehicles) shall be subject to and comply with section 4.18. (§ 4.14, 12-10-80, Ord. 00-18(3), 6-14-00) State law reference- Va. Code § 15.2-2280. Sec. 4.14.1.1 (Repealed 6-14-00) Sec. 4.14.1.2 (Repealed 6-14-00) Sec. 4.18 Noise. The board of supervisors hereby finds and declares that noise is a serious hazard to the public health, safety, welfare, and quality of life, and that the inhabitants of the county and adjoining localities have a right to and should be free from an environment of noise. Therefore, it is the policy of the county to regulate noise as provided in this section 4.18. (Ord. 00-18(3), 6-14-00) State law reference - Va. Code § 15.2-2280. Sec. 4.18.01 Applicability. This section 4.18 shall apply to sound generated from any land use within Albemarle County, regardless of whether the property in the receiving zone is within or without Albemarle County. This chapter is in addition to any sound or noise regulations set forth in any other chapter of the Albemarle County Code. (Ord. 00-18(3), 6-14-00) State law reference- Va. Code § 15.2-2280. Sec. 4.18.02 Definitions. The following defirdtions shall apply to this section 4.18. The definitions of any sound- related term not defined herein shall be obtained from the American Standard Terminology if defined therein. (1) "A" weighted sound level. The term '"A' weighted sound level" means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network expressed as dB(A) or dBA. (2) Acoustic calibrator. The term "acoustic calibrator" means an instrument which 2 measures the accuracy of a sound level meter. (3) Ambient sound. The term "ambient sound" means the sound derived from all sound associated with a given environment, being usually a composite of sounds from many SOurCeS. (4) Daytime. The term "daytime" means that period ora day beginning at 7:00 a.m. and ending at 10:00 p.m., each day of the week. (5) Decibel. The term "decibel" means a unit for measuring the volume of a sound equal to twenty times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals. (6) Emergency operation. The term "emergency operation" means any emergency service provided by any police, sheriff, fire or fire and rescue department, any ambulance service or any other emergency service requiring a prompt response, and any emergency repair of public facilities or public utilities. (7) Equivalent sound level (Leq). The term "equivalent sound level" means the average sound level accumulated over a given period of time. The equivalent sound level is the A-weighted sound level corresponding to a steady state sound level containing the same total sound energy as the time varying signal over a given period of time, determined using a sound level meter as set forth in the American National Standards for Sound Level Meters. (8) Impulse sound. The term "impulse sound" means any sound of short duration with an abrupt onset and rapid decay. This includes but is not limited to explosions, drum beats, drop forge impacts, discharge of firearms and one object striking another. (9) Nighttime. The term "nighttime" means that period of a day beginning at 10:00 p.m. and ending at 7:00 a.m., each day of the week. (1 O) Noise. The term "noise" means any sound which violates the sound level standards of this section 4.1'8, but does not include any sound which is exempt pursuant to section 4.18.05. (11) Person. The term "person" means any natural person, association, partnership, corporation or other legal entity. (12) Property line. The term "property line" means an imaginary line along the ground surface which separates the real property owned by one person from another. (13) Public facility. The term "public facility" means a structure or use which may be publicly or privately owned or operated and which is generally open to the public, and includes but is not limited to schools, libraries, parks, hospitals and uses of a similar character. 3 (14) Receiving zone. The term "receiving zone" means the zoning classification of the property receiving the noise, as shown on the official zoning maps. For property which is located within another jurisdiction, the zoning administrator shall determine the comparable zoning category, and be guided in making the determination by the actual use of the property. The receiving zones shall include property with the zoning classifications set forth below: (a) Commercial receiving zone. A commercial receiving zone is property zoned commercial (C-1), commercial office (CO), highway commercial (HC), planned development -- shopping centers (PDSC), planned development -- mixed commercial (PDMC), the commercial areas of a planned unit development (PUD), and any other commercial zoning district. (b) Industrial receiving zone. An industrial receiving zone is property zoned light industrial (LI), highway industrial (HI), planned development -- industrial park (PDIP), the industrial areas of a planned unit development (PUD), and any other industrial zoning district. (c) Public space or institutional receiving zone. A public space or institutional receiving zone is property determined by the zoning administrator to be a public facility or an institution. (d) Rural areas and residential receiving zone. The rural areas and residential receiving zone is that property zoned rural areas (RA), village residential (VR), residential (R-l, R-2, R-4, R-6, R-10, and R-15), planned residential development (PRD), the residential area ora planned unit development (PUD), the portions of the University of Virginia located within Albemarle County, and any other rural or residential zoning district. (15) Sound level meter. The term "sound level meter" means an instrument used for making sound level measurements which meets the requirements of the American National Standards Institute Type II rating. (16) Source sound level. The term "source sound level" means the equivalent sound level of the source being measured. (17) Total sound level. The term "total sound level" means the equivalent sound level of the source being measured and ambient sound before correction to determine the source sound level. (Ord. 00-18(3), 6-14-00) State law reference- Va. Code § 15.2-2280. Sec. 4.18.03 Procedure for measuring sound. Each sound meter reading shall be conducted as provided herein: A. Instrument of measurement. Each sound measurement shall be taken only from a 4 sound level meter. B. Calibration of sound level meter. An acoustic calibrator authorized by the manufacturer of the sound level meter shall properly calibrate the sound level meter used for each sound measurement. The calibration shall have been performed within twelve (12) months prior to the date of such reading. The user of the sound level meter shall also have calibrated the sound level meter within one (1) hour prior to taking such sound measurements. C. Weather conditions. A windscreen shall be used on the sound level meter when sound measurements are being taken. No outdoor sound measurements shall be taken during rain or during weather conditions in which wind sound is distinguishable from, and is louder to the ear than, the sound source being tested. D. Scale. Each sound measurement shall be expressed in units of the sound level (dBA), in accordance with American National Standards Institute specifications for sound level meters. Each measurement shall be made using the A-weighted scale with fast response, following the manufacturer's instructions and measuring the equivalent sound level. Impulse sounds shall be measured as the maximum reading and not the equivalent sound level. E. Place of sound measurement. Each sound measurement shall be taken no closer to the sound source than the property lines of the receiving zone properties or the property line along which a street fronts. If the property line of a receiving zone property is not readily determinable, the sound measurement shall be taken from any point inside the nearest receiving zone property, or within an occupied structure located on receiving zone property. If the property line abutting a street is not readily determinable, the sound measurement shall be taken from the edge of the pavement which is closest to the source of the sound. Each sound measurement taken of a sound source within a multifamily structure, such as an apartment building, townhouse development and the like, may be made: (i) within the interior of another residential unit in the same structure or the same development; or (ii) from common areas. F. Orientation of microphone. To the extent that it is practical to do so, the microphone of the sound level meter shall be positioned four (4) to five (5) feet above the ground or floor. The orientation recommended by the manufacturer of the sound level meter shall supersede the foregoing orientation if the manufacturer's recommendation conflicts therewith. G. Duration of measurement. Each sound measurement shall be taken over a period of five (5) continuous minutes, unless the sound being measured is an impulse sound. If the sound being measured is an impulse sound, each sound measurement shall be taken during the "impulse" or emission of that sound. The zoning administrator shall determine whether a sound is an impulse sound for purposes of determining the duration of the sound measurement. H. Ambient sound measurement. The ambient sound shall be measured for each sound measurement as follows: 1. The ambient sound level shall be averaged over a period of time 5 comparable to that for the measurement of the particular sound source being measured. 2. In order to obtain the ambient sound level, the sound source being measured shall be eliminated by the source ceasing its sound-producing activity and the ambient sound level shall be obtained from the same location as that for measuring the source sound level. If the sound from the sound source cannot be eliminated, the ambient sound level shall be measured from an alternative location whose ambient sound level is not affected by the sound source in accordance with the following procedure: a. The alternative location should be as close as feasible as that for measuring the source sound level, but located so that the sound from the source has as little effect as possible on the ambient sound level measurement. Even if the source sound is audible or is sufficient to raise the sound level above that which would be measured were it inaudible at the alternative location, the reading is sufficient for the purpose of this procedure. b. The alternative location chosen must be such that structures in the vicinity are similar in size and distribution, and the local topography is similar in character to the location for the source sound level measurement. c. Traffic conditions at the time the ambient sound level is measured must be similar to those at the location for the sound source measurement. I. Determining source sound level. Except for new equipment for which the owner provides manufacturer's specifications related to sound levels accepted by the zoning administrator, the sound level from a sound source shall be determined by correcting the total sound level for ambient sound in accordance with the following procedure: 1. Subtract the maximum measured ambient sound level from the minimum measured total sound level. 2. In Row A below, find the sound level difference determined under paragraph (1) and its corresponding correction factor in Row B. Row A Sound Level 0.5 1 2 3 4 5 6 7 8 9 10 Difference (Decibels) Row B Correction Factor 9.6 7 4 3 1.8 1.6 1.2 1.0 0.75 0.6 0.5 (Decibels) ,, 3. Subtract the value obtained from Row B under paragraph (2) from the minimum measured total sound level to determine the source sound level. 4. If the difference between the total sound level and the ambient sound level is greater than 10 dBA, no correction is necessary to determine the source sound level. 6 (Ord. 00-18(3), 6-14-00) State law reference- Va. Code § 15.2-2280. Sec. 4.18.04 Maximum sound levels. Except as provided in section 4.18.05, it shall be unlawful for any person to operate or cause to be operated, any source such that the sound originating from that source causes a sound level that exceeds the sound levels in the receiving zone, measured pursuant to section 4.18.03, as set forth below: Receiving Zone Time Period Noise Level (dBA) Rural Areas and Residential Daytime 60 Nighttime 55 Public Space or Institutional Daytime 60 Nighttime 55 Commercial Daytime 65 Nighttime 65 Industrial Daytime 70 Nighttime 70 (Ord. 00-18(3), 6-14-00) State law reference - Va. Code § 15.2-2280. See. dogs. 4.18.05 Exempt sounds. The following sounds shall not be subject to this section 4.18: A. Animals. Sounds generated from animals including, but not limited to, barking B. Church bells or chimes. Sounds generated by church bells or chimes. C. Construction, demolition and/or maintenance activities. Sounds generated from construction, demolition and/or maintenance activities between 7:00 a.m. and 10:00 p.m. D. Emergency operations. Sound generated in the performance of emergency operations including, but not limited to, audible signal devices which are employed as warning or alarm signals in case of fire, collision or imminent danger, and sounds generated by power 7 generators during power outages and other emergency situations. E. Firearms. Sounds generated from the lawful discharge of a firearm; provided that this exemption shall not apply to gun clubs or shooting ranges, nor to firearms discharged at a gun club or a shooting range. F. Parades, fireworks and similar events. Sounds generated from parades, fireworks, and other events determined to be similar by the zoning administrator prior thereto. G. Protected expression. Any other lawful activity which constitutes protected expression pursuant to the First Amendment of the United States Constitution, but not amplified expression. H. Public facilities. Sounds generated from the operation of a public facility or public use or activity including, but not limited to, sounds generated from school athletic contests or practices, and other school activities. I. Residential air conditioning units. Sounds generated from residential air conditioning units. J. Silvicultural or agricultural activities. Sounds generated during lawfully permitted bona fide silvicultural or agricultural activities including, but not limited to, logging activities and sounds caused by livestock. K. Transient sounds from transportation. Transient sounds generated by transportation including, but not limited to, public and private airports (except as otherwise regulated), aircraft, railroads and other means of public transit. L. Warning devices. Sounds generated by a horn or warning device of a vehicle when used as a warning device, including back-up alarms for trucks and other equipment. M. Yard maintenance activities. Sounds generated from routine yard maintenance activities including, but not limited to, mowing, trimming, clipping, leaf blowing and snow blowing. (Ord. 00-18(3), 6-14-00) State law reference - Va. Code § 15.2-2280. 8 Sec. 4.18.06 Existing sound sources. Each existing sound source existing on the effective date of this section 4.18 shall be regulated as follows: A. Each existing sound source that complies with the maximum sound levels established in section 4.18.04 shall comply with all requirements of this section 4.18 rather than an applicable prior regulation. B. Each existing sound source that does not comply with the maximum sound levels established in section 4.18.04 shall not increase its sound level. Such a sound source shall comply with such sound levels whenever a building, structure, equipment or machinery thereof is expanded, enlarged, extended or replaced, unless a modification, waiver or variation is granted as provided in section 4.18.07. (Ord. 00-18(3), 6-14-00) State law reference - Va. Code § 15.2-2280. Sec. 4.18.07 Modification, waiver or variation. The commission may grant a modification, waiver or variation from the standards set forth in section 4.18.04, as provided herein: A. The commission may modify, waive or vary the standard set forth in section 4.18.04 in a particular case upon finding that strict application of the standard would cause undue hardship and not forward the purposes of this chapter or otherwise serve the public interest, or that alternatives proposed by the owner would satisfy the purposes of this section 4.18 at least to an equivalent degree. B. The commission may impose conditions on the modification, waiver or variation that it deems appropriate to further the purposes of this chapter. C. Prior to considering a request to modify, waive or vary, five (5) days' written notice shall be provided to the owner, owner's agent or occupant of each abutting lot or parcel and each parcel immediately across the street or road from the lot or parcel which is the subject of the request. The written notice shall identify the nature of the request and the date and time the commission will consider the request. (Ord. 00-18(3), 6-14-00) State law reference - Va. Code § 15.2-2280. Sec. 5.1.02 Clubs, lodges. 9 Each club or lodge shall be subject to the following: a. Regardless of provisions ofindiw'dual zoning districts, gun clubs and shooting ranges shall be permitted by special use permit only; b. Such subordinate uses and fund-raising activities as bingo, raffles, auctions, etc., shall be conducted in enclosed buildings only. No such activity shall be conducted between 1:00 p.m. and 8:00 a.m. (Amended 6-14-00) Sec. 5.1.09 Fire, ambulance, rescue squad station (volunteer). Each fire, ambulance or rescue squad station (volunteer) shall be subject to the following: a. Any such use seeking public funding shall be reviewed by the commission in accordance with section 31.2.5. Specifically, the commission shall find that the proposed service area is not already adequately served by another such facility. In addition, the commission shall consider: growth potential for the area; relationship to centers of population and to high-value property concentrations; and access to and adequacy of public streets in the area for such use. The commission may request recommendation from the Albemarle County fire official and other appropriate agencies in its review; b. Such subordinate uses and fund-raising activities as bingo, raffles and auctions shall be conducted in an enclosed building only. No such activity shall be conducted between 11:00 p.m. and 8:00 a.m. (Amended 6-14-00) Sec. 5.1.11 Commercial kennel, veterinary, animal hospital. Each commercial kennel, veterinary and animal hospital 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) feet of the animal confinement and shall be composed of concrete block, brick, 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 agricukural or residential lot line. For soundproof 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. to 10 6:00 a.m. (Amended 11-15-89; 6-14-00) d. In areas where such uses may be in proximity to 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 11-15-89) -Area for outside exercise to be exclusive from access by the public by fencing or other means. (Added 11-15-89) Sec. 5.1.16 Swimming, golf, tennis clubs. (Amended 6-14-00) Each swimming, golf or tennis club shall be subject to the following: a. The swimming pool, including the apron, filtering and pumping equipment, and any buildings, shall be at least seventy-five (75) feet from the nearest property line and at least one hundred twenty-five (125) feet from any existing dwelling on an adjoining property, except that, where the lot upon which it is located abuts land in a commercial or industrial district, the pool may be constructed no less than twenty-five (25) feet from the nearest property line of such land in a commercial or industrial district; b. When the lot on which any such pool is located abuts the rear or side line of, or is across the street from, any residential district, a substantial, sightly wall, fence, or shrubbery shall be erected or planted, so as to screen effectively said pool from view from the nearest property in such residential district; c. The board of supervisors may, for the protection of the health, safety, morals and general welfare of the community, require such additional conditions as it deems necessary, including but not limited to provisions for additional fencing and/or planting or other landscaping, additional setback from property lines, additional parking space, location and arrangement of lighting, and other reasonable requirements; d. Provision for concessions for the serving of food, refreshments or entertainment for club members and guests may be permitted under special use permit procedures. Sec. 5.1.37 Outdoor amphitheater. (Amended 6-14-00) Each outdoor amphitheater shall be subject to the following: 11 a. Overnight parking or camping shall not be permitted; b. No such use shall be approved until adequate provisions for traffic management have been demonstrated; c. No such use shall be approved until adequate provisions for on-site emergency medical facilities have been demonstrated; d. No special use permit shall be approved without approval of a monitoring program to insure maximum sound levels are not exceeded. (Added 10-9-96) Article III. District Regulations Sec. 30.4.14. Performance standards. In addition to any other provision of law, the following performance standards shall apply to any use permitted hereby: 1. No blasting shall be permitted except in conjunction with a permit for a stone quarrying operation; 2. Ground va~bration ~om surface blasting shall not exceed the limits set forth in 4 VAC 25-40-880, as measured in the manner set forth therein. (Amended 6-14-00) 3. Airblast resulting i~om surface blasting shall not exceed 129 decibels at any occupied structure not on the subject property. (Amended 6-14-00) I,'Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an · ~dinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero , as recorded below, at a regular meeting held on June 14, 2000. Aye Mr. Bowerman Y Mr. Dorrier Y Ms. Humphris Y Mr. Martin Y Mr. Perkins Y Ms. Thomas Y Nay C16rk, Board of County Supe~ 12 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlo~esviile, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 MEMORANDUM TO: FROM: Albemarle County Board of Supervisors V. Wayne Cilimberg, Director of Planning & Community Development DATE: May 23, 2000 ZTA-00-006 Noise ZTA-00-007 Civil Penalties The Albemarle County Planning Commission, at its meeting on May 16, 2000, unanimously recommended approval of the above-noted zoning text amendments to the Board of Supervisors. Attached please find staff reports for these items. The Board of Supervisors is scheduled to review these amendments at their meeting on June 14, 2000. If you have any questions, please do not hesitate to contact me. VWC/jcf ATTACHMENTS Dra~:05~3~0 ORDINANCE NO. 00-18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article II, Basic Regulations, and Article III, District Regulations, are hereby amended and reordained as follows: By Adding: Sec. 4.18 Sec. 4.18.01 Sec. 4.18.02 Sec. 4.18.03 Sec. 4.18.04 Sec. 4.18.05 Sec. 4.18.06 Sec. 4.18.07 Noise. Applicability. Definitions. Procedure for measuring sound. Maximum sound levels. Exempt sounds. Existing sound sources. Modification, waiver, or variation. By Amending: Sec. 4.14.1 Sec. 5.1.02 Sec. 5.1.09 Sec. 5.1.11 Sec. 5.1.16 Sec. 5.1.37 Sec. 30.4.14 Noise. Clubs, lodges. Fire, ambulance, rescue squad station (volunteer). Commercial kennel, veterinary, animal hospital. Swimming, golf, tennis clubs. Outdoor amphitheaters. Performance standards. By Repealing: Sec. 4.14.1.1 Method of measurement. Sec. 4.14.1.2 Meaning of terms. Chapter 18. Zoning Article II. Basic Regulations See. 4.14.01 Noise. All sources of noise (except those not under direct control of occupant of use, such as vehicles) shall be subi ect to and comply with section 4.18. , m',:st nat :re~2e :c",,n~ ar impact Draft: 05/23/00 (§ 4.14, 12-10-80, Ord. 00-18( )) State law reference- Va. Code § 15.2-2280. METHOD fll;' %,{~' A ~1TD12qtil~kTT Location cf Measurement District bcundar;.cz 31.5 64 7-2- Draft: 05/23/00 125 (~ ~ 259 ~ ~ 590 4-~ &9 !999 ~ 4-5 2999 4M~ ~1- ~999 4M- 4-7- 8009 ~ 44 !mpaztnoi~z ~ ~ Sec. 4.18 Noise. The board of supervisors hereby finds and declares that noise is a serious hazard to the public health, safety, welfare, and quality of life, and that the inhabitants of the county and adioining localities have a right to and should be free from an environment of noise. Therefore it is the policy of the county to regulate noise as provided in this section 4.18. (Ord. 00-18()) State law reference- Va. Code § 15.2-2280. Sec. 4.18.01 Applicability. This section 4.18 shall apply to sound generated from any land use within Albemarle County, regardless of whether the property in the receiving zone is within or without Albemarle County. This chapter is in addition to any sound or noise regulations set forth in any other chapter of the Albemarle County Code. (Ord. 00-18()) State law reference - Va. Code § 15.2-2280. Sec. 4.18.02 Definitions. The following definitions shall apply to this section 4.18. The definitions of any sound- related term not defined herein shall be obtained from the American Standard Terminology if defined therein. (1) "A" weighted sound level. The term "'A' wei ~hted sound level" means the sound pressure level in decibels as measured on a sound level meter using the A-weightim,. Draft: 05/23/00 network expressed as dB(A) or dBA. (2) Acoustic calibrator. The term "acoustic calibrator" means an instrument which measures the accuracy of a sound level meter. (3) Ambient sound. The term "ambient sound" means the sound derived from all sound associated with a given environment, being usually a composite of sounds from many sources. (4) Daytime. The term "daytime" means that period of a day beginning at 7:00 a.m. and ending at 10:00 p.m., each day of the week. (5) Decibel. The term "decibel" means a unit for measuring, the volume of a sound equal to twenty times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals. (6) Emergency operation. The term "emergency operation" means any emergency service provided by any police, sheriff, fire or fire and rescue department, any ambulance service or any other emergency service requiring a prompt response, and any emergency repair of public facilities or public utilities. (7) Equivalent sound level (Leq). The term "equivalent sound level" means the average sound level accumulated over a given period of time. The equivalent sound level is the A-weighted sound level corresponding, to a steady state sound level containing the same total sound energy as the time varying signal over a given period of time, determined using a sound level meter as set forth in the American National Standards for Sound Level Meters. (8) Impulse sound. The term "impulse sound" means any sound of short duration with an abrupt onset and rapid decay. This includes but is not limited to explosions, dram beats, drop forge impacts, discharge of firearms and one obiect striking another. (9) Nighttime. The term "nighttime" means that period of a day beginning at 10.:00 p.m. and ending at 7:00 a.m., each day of the week. (1 O) Noise. The term "noise" means any sound which violates the sound level standards of this section 4.18, but does not include any sound which is exempt pursuant to section 4.18.05. (11 ) Person. The term "person" means any natural person, association, partnership, corporation or other legal entity. (12) Property line. The term "property line" means an imaginary line along the ground surface which separates the real property owned by one person from another. (13) Public facility. The term "public facility" means a structure or use which may be 4 Draft: 05/23/00 publicly or privately owned or operated and which is generally open to the public, and includes but is not limited to schools, libraries, parks, hospitals and uses of a similar character. (14) Receiving zone. The term "receiving zone" means the zoning classification of the property receiving the noise, as shown on the official zoning maps. For property which is located within another iurisdiction, the zoning administrator shall determine the comparable zoning category, and be guided in making the determination by the actual use of the property. The receiving zones shall include property with the zoning classifications set forth below: (a) Commercial receiving zone. A commercial receiving zone is property zoned commercial (C-1), commercial office (CO), highway commercial (HC), planned development -- shopping centers (PDSC), planned development -- mixed commercial (PDMC), the commercial areas of a planned unit development (PUD), and any other commercial zoning district. (b) Industrial receiving zone. An industrial receiving zone is property zoned light industrial (LI), highway industrial (HI), planned development -- industrial park (PDIP), the industrial areas of a planned unit development (PUD), and any other indu.strial zoning district. (c) Public space or institutional receiving zone. A public space or institutional receiving zone is property determined by the zoning administrator to be a public facility or an institution. (d) Rural areas and residential receiving zone. The rural areas and residential receiving zone is that property zoned rural areas (RA), village residential (VR), residential (R-1, R-2, R-4, R-6, R-10, and R-15), planned residential development (PRD), the residential area of a planned unit development (PUD), the portions of the University of Virginia located within Albemarle County, and any other rural or residential zoning district. (15) Sound level meter. The term "sound level meter" means an instrument used for making sound level measurements which meets the requirements of the American National Standards Institute Type II rating. (16') Source sound level, The term "source sound level" means the equivalent sound level of the source being measured. (17) Total sound level. The term "total sound level" means the equivalent sound level of the source being measured and ambient sound before correction to determine the source sound level. (Ord. 00-18()) State law reference - Va. Code § 15.2-2280. Draft: 05/23/00 Sec. 4.18.03 Procedure for measuring sound. Each sound meter reading shall be conducted as provided herein: A. Instrument of measurement. Each sound measurement, shall be taken only from a sound level meter. B. Calibration of sound level meter. An acoustic calibrator authorized by the manufacturer of the sound level meter shall properly calibrate the sound level meter used for each sound measurement. The calibration shall have been performed within twelve (12) months prior to the date of such reading. The user of the sound level meter shall also have calibrated the sound level meter within one (l) hour prior to taking such sound measurements. C. Weather conditions. A windscreen shall be used on the sound level meter when sound measurements are being taken. No outdoor sound measurements shall be taken during rain or during weather conditions in which wind sound is distinguishable from, and is louder to the ear than, the sound source being tested. D. Scale. Each sound measurement shall be expressed in units of the sound level (dBA), in accordance with American National Standards Institute specifications for sound level meters. Each measurement shall be made using the A-weighted scale with fast response, following the manufacturer's instructions and measuring the equivalent sound level. Impulse sounds shall be measured as the maximum reading and not the equivalent sound level. E. Place of sound measurement. Each sound measurement shall be taken no closer to the sound source than the property lines of the receiving zone properties or the property line along which a street fronts. If the property line of a receiving zone property is not readily determinable, the sound measurement shall be taken from any point inside the nearest receiving zone property, or within an occupied structure located on receiving zone property. If the property line abutting a street is not readily determinable, the sound measurement shall be taken from the edge of the pavement which is closest to the source of the sound. Each sound measurement taken Of a sound source within a multifamily structure, such as an apartment building, townhouse development and the like, may be made: (i) within the interior of another residential unit in the same structure or the same development; or (ii) from common areas. F. Orientation of microphone. To the extent that it is practical to do so, the microphone of the sound level meter shall be positioned four (4) to five (5) feet above the ground or floor. The orientation recommended by the manufacturer of the sound level meter shall supersede the foregoing orientation if the manufacturer's recommendation conflicts therewith. G. Duration of measurement. Each sound measurement shall be taken over a period of five (5) continuous minutes, unless the sound being measured is an impulse sound. If the sound being measured is an impulse sound, each sound measurement shall be taken during, the "impulse" or emission of that sound. The zoning administrator shall determine whether a sound is an impulse sound for purposes of determining the duration of the sound measurement. Draft: 05/23/00 H. Ambient sound measurement. The ambiem sound shall be measured for each sound measurement as follows: 1. The ambient sound level shall be averaged over a period of time comparable to that for the measurement of the particular sound source being measured. 2. In order to obtain the ambient sound level, the sound source being measured shall be eliminated by the source ceasing its sound-producin~ activity and the ambient sound level shall be obtained from the same location as that for measuring the source sound level. If the sound from the sound source cannot be eliminated, the ambient sound level shall be measured from an alternative location whose ambient sound level is not affected by the sound source in accordance with the following procedure: a. The alternative location should be as close as feasible as that for measuring the source sound level, but located so that the sound from the source has as little effect as possible on the ambient sound level measurement. Even if the source sound is audible or is sufficient to raise the sound level above that which would be measured were it inaudible at the alternative location, the reading is sufficient for the purpose of this procedure. b. The alternative location chosen must be such that structures in the vicinity are similar in size and distribution, and the local topography is similar in character to the location for the source sound level measurement. c. Traffic conditions at the time the ambient sound level is measured must be similar to those at the location for the sound source measurement. I. Determining source sound level. Except for new equipment for which the owner provides manufacturer's specifications related to sound levels accepted by the zoning administrator, the sound level from a sound source shall be determined by correcting the total sound level for ambient sound in accordance with the followin~ procedure: 1. Subtract the maximum measured ambient sound level from the minimum measured total sound level. 2. In Row A below, find the sound level difference determined under paragraph (1) and its correspondin~ correction factor in Row B. Row A Sound Level 0.5 1__ 2 3= 4__ 5= 6 7 _8_ 9 : 10__ Difference (Decibels) - Row B Correction Factor 9.6 __7 4 3= 1.8 1.6 1.2 1.O 0.75 0.6 0.5 (Decibels) 7 Draft: 05/23/00 3. Subtract the value obtained from Row B under paragraph (2) from the minimum measured total sound level to determine the source sound level. 4. If the difference between the total sound level and the ambient sound level is greater than 10 dBA, no correction is necessary to determine the source sound level. (Ord. 00-18()) State law reference- Va. Code § 15.2-2280. Sec. 4.18.04 Maximum sound levels. Except as provided in section 4.18.05, it shall be unlawful for any person to operate or cause to be operated, any source such that the sound originating from that source causes a sound level that exceeds the sound levels in the receiving zone, measured pursuant to section 4.18.03, as set forth below: Receiving Zone Time Period Noise Level (dBA) Rural Areas and Residential Daytime 60 Nighttime 55 Public Space or Institutional Daytime 60 Nighttime 55 Commercial Daytime 65 Nighttime 65 Industrial Daytime 70 Nighttime. 70 (Ord. 00-18()) State law reference- Va. Code § 15.2-2280. See. 4.18.05 Exempt sounds. The following sounds shall not be subiect to this section 4.18: A. Animals. Sounds generated from animals including, but not limited to, barking dogs. B. Church bells or chimes. Sounds generated by church bells or chimes. C. Construction, demolition and/or maintenance activities. Sounds generated from Draft: 05/23/00 construction, demolition and/or maintenance activities between 7:00 a.m. and 10:00 p.m. D. Emergency operations. Sound generated in the performance of emergency operations including, but not limited to, audible signal devices which are employed as warning or alarm signals in case of fire, collision or imminent danger, and sounds generated by power generators during power outages and other emergency situations. E. Firearms. Sounds generated from the lawful discharge of a firearm; provided that this exemption shall not apply to gun clubs or shooting ranges, nor to firearms discharged at a gun club or a shooting range. F. Parade& fireworks and similar events. Sounds generated from parades, fireworks, and other events determined to be similar by the zoning administrator prior thereto. G. Protected expression. Any other lawful activity which constitutes protected expression pursuant to the First Amendment of the United States Constitution, but not amplified expression. H. Public facilities. Sounds generated from the operation of a public facility or public use or activity including, but not limited to, sounds generated from school athletic contests or practices, and other school activities. Residential air conditioning units. Sounds ~enerated from residential air conditioning units. J. Silvicultural or agricultural activities. Sounds generated during lawfully permitted bona fide silvicultural or agricultural activities including, but not limited to. logging. activities and sounds caused by livestock. K. Transient sounds from transportation. Transient sounds generated by transportation including~ but not limited to, public and private airports (except as otherwise regulated), aircraft, railroads and other means of public transit. L. Warning devices. Sounds generated by a horn or wamin~ device of a vehicle when used as a warning device, including back-up alarms for trucks and other equipment. M. Yard maintenance activities. Sounds generated from routine yard maintenance activities including, but not limited to, mowing, trimming, clipping, leaf blowing and snow blowing. (Ord. 00-18()) State law reference - Va. Code § 15.2-2280. 9 Draft: 05/23/00 Sec. 4.18.06 Existing sound sources. Each existing sound source existing on the effective date of this section 4.18 shall be regulated as follows: A. Each existing sound source that complies with the maximum sound levels established in section 4.18.04 shall comply with all requirements of this section 4.18 rather than an applicable prior regulation. B. Each existing sound source that does not comply with the maximum sound levels established in section 4.18.04 shall not increase its sound level. Such a sound source shall comply with such sound levels whenever a building, structure, equipment or machinery thereof is expanded, enlarged, extended or replaced, unless a modification, waiver or variation is granted as provided in section 4.18.07. (Ord. 00-18()) State law reference - Va. Code § 15.2-2280. Sec. 4.18.07 Modification, waiver or variation. The commission may grant a modification, waiver or variation from the standards set forth in section 4.18.04, as provided herein: A. The commission may modify, waive or vary the standard set forth in section 4.18.04 in a particular case upon finding that strict application of the standard would cause undue hardship and not forward the purposes of this chapter or otherwise serve the public interest, or that alternatives proposed by the owner would satisfy the purposes of this section 4.18 at least to an equivalent degree. B. The commission may impose conditions on the modification, waiver or variation that it deems appropriate to further the purposes of this chapter. C. Prior to considering a request to modify, waive or vary, five (5) days' written notice shall be provided to the owner, owner's agent or occupant of each abutting lot or parcel and each parcel immediately across the street or road from the lot or parcel which is the subi ect of the request. The written notice shall identify the nature of the request and the date and time the commission will consider the request. (Ord. 00-18()) State law reference -Va. Code § 15.2-2280, 10 Draft: 05/23/00 Sec. 5.1.02 Clubs, lodges. Each club or lodge shall be subiect to the following: a. Regardless of provisions of individual zoning districts, gun clubs and shooting ranges shall be permitted by special use permit only; b. Such subordinate uses and fund-raising activities as bingo, raffles, auctions, etc., shall be conducted in enclosed buildings only xT~ ........ ,~ c~ ...... ~, ~,~.,;,., ~,~u ..~., ...... ~ c^.~, ~m ~;~.~ ~, ,~ ........... ;~.,,~, .... ~ .....;.~,;~ ....... ~;~ No such activity shall be conducted between 11:00 p.m. and 8:00 a.m. Sec. 5.1.09 Fire, ambulance, rescue squad station (volunteer). Each fire. ambulance or rescue squad station (volunteer) shall be subiect to the follow/n~: a. Any such use seeking public funding shall be reviewed by the commission in accordance with section 31.2.5. Specifically, the commission shall find that the proposed service area is not already adequately served by another such facility. In addition, the commission shall consider: growth potential for the area; relationship to centers of population and to high-value property concentrations; and access to and adequacy of public streets in the area for such use. The commission may request recommendation from the Albemarle County fire official and other appropriate agencies in its review; b. Such subordinate uses and fund-raising activities as bingo, raffles and auctions shall be conducted in an enclosed building only. ..... ~ ~, ~m ~;~,~ ~, ,~ ....... · ~;~,.,, .... ~ ..... ;~,;~ ..... ~,~ 1~.~ No such activitv shall be conducted between 11:00 p.m. and 8:00 a.m. Sec. 5.1.11 Commercial kennel, veterinary, animal hospital. Each commercial kennek veterinary and animal hospital 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) feet of the animal confinement and shall be composed of concrete block, brick, 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 soundproof confinements, noise measured at the nearest agricultural or residential property line shall not exceed f~y~r~,~m fifty- five (55) decibels; (Amended 11-15-89) I1 Draft: 05/23/00 c. In all cases, animals shall be confined in an enclosed building from 10:00 p.m. to f¢.,,, ~m ~;~o. (Amended 11-15-89) d. In areas where such uses may be in proximity to 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 11-15-89) -Area for outside exercise to be exclusive from access by the public by fencing or other means. (Added 11-15-89) Sec. 5.1.16 Swimming, golf, tennis clubs. Each swimming, golf or tennis club shall be subject to the following: a. The swimming pool, including the apron, filtering and pumping equipment, and any buildings, shall be at least seventy-five (75) feet from the nearest property line and at least one hundred twenty-five (125) feet from any existing dwelling on an adjoining property, except that, where the lot upon which it is located abuts land in a commercial or industrial di strict, the pool may be constructed no less than twenty-five (25) feet from the nearest property line of such land in a commercial or industrial district; b. When the lot on which any such pool is located abuts the rear or side line of, or is across the street from, any residential district, a substantial, sightly wall, fence, or shrubbery shall be erected or planted, so as to screen effectively said pool from view from the nearest property in such residential district; d~_. The board of supervisors may, for the protection of the health, safety, morals and general welfare of the community, require such additional conditions as it deems necessary, including but not limited to provisions for additional fencing and/or planting or other landscaping, additional setback from property lines, additional parking space, location and arrangement of lighting, and other reasonable requirements; ~1_. Provision for concessions for the serving of food, refreshments or entertainment for club members and guests may be permitted under special use permit procedures. Sec. 5.1.37 Outdoor amphitheater. Each outdoor amphitheater shall be subject to the following: 12 Draft: 05/23/00 a. Overnight parking or camping shall not be permitted; b. No such use shall be approved until adequate provisions for traffic management have been demonstrated; c. No such use shall be approved until adequate provisions for on-site emergency medical facilities have been demonstrated; o1-,,-,11 .~+ ..... .,4 "'Tt~ e~__. No special use permit shall be approved without approval of a monitoring program to insure maximum sound levels are not exceeded. (Added 10-9-96) Article III. District Regulations Sec. 30.4.14. Performance standards. In addition to any other provision of law, the following performance standards shall apply to any use permitted hereby: 1. No blasting shall be permitted except in conjunction with a permit for a stone quarrying operation; 2. Ground vibration from surface blasting shall not exceed the limits set forth in 4 VAC 25-40-880, as measured in the manner set forth therein. E!azting ?ibration sba!! be lL?2ted 3. Airblast resulting from surface blasting shall nOt exceed 129 decibels 13 Draft: 05/23/00 d~dJaets) at any occupied structure not on the subject property. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of __ to __, as recorded below, at a regular meeting held on Mr. Bowerman Mr. Dorrier Ms. Humphris Mr. Martin Mr. Perkins Ms. Thomas Aye Nay Clerk, Board of County Supervisors 14 ORDINANCE NO. 00-18(5) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE V, VIOLATION AND PENALTY, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article V, Violation and Penalty, of the Code of the County of Albemarle is amended as follows: By Adding: Sec. 37.0 Sec. 37.1 Sec. 37.2 Sec. 37.3 Penalties and remedies. Criminal penalty. Civil penalty. Injunctive relief and other remedies. By Repealing: Sec. 37.0 Penalties. Chapter 18. Zoning Article V. Violation and Penalty Sec. 37.0 Penalties and remedies. (Amended 6-14-00) Sec. 37.1 Criminal penalty. Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates any provision of this chapter, or permits any such violation, or fails to comply with any of the requirements hereof, or who erects any building or structure or uses any building, structure or land in violation of this chapter or any site plan or other detailed statement or plan submitted by one of the above-described persons and approved under the provisions of this chapter, shall be subject to the following: A. The person shall have committed a misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00). B. If the violation is uncorrected at the time of conviction, the court shall order the person convicted to abate or remedy the violation in compliance with this chapter, within a time period established by the court. Failure to remove or abate such violation within the time period established by the court shall constitute a separate misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00), and any such failure during any succeeding ten (10) day period shall constitute a separate misdemeanor offense for each ten (10) day period, punishable by a fine of not less than one hundred dollars ($100.00) nor more than one thousand five hundred dollars ($1,500.00). (Ord. 00-18(5), 6~14-00) State law reference- Va. Code § 15.2-2286. Sec. 37.2 Civil penalty. Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates any provision of this chapter, or permits any such violation, or fails to comply with any of the requirements hereof, or who erects any building or structure or uses any building, structure or land in violation of this chapter or any site plan or other detailed statement or plan submitted by him and approved under the provisions of this chapter, shall be subject to the following: A. Schedule of violations subject to one hundred dollar ($100. 00) civil penaltyfor first violation. Any violation of the following provisions of this chapter shall be subject to a civil penalty of one hundred dollars ($100.00) for the first violation, and a civil penalty of one hundred fifty dollars ($150.00) for each subsequent violation arising from the same set of operative facts: 1. Each use of a lot, including the use of any structure thereon, not authorized either as a matter of right or by special use permit by the zoning regulations applicable to the district in which the lot is located, in violation of, as applicable, sections and subsections 10.2, 12.2, 13.2, 14.2, 15.2, 16.2, 17.2, 18.2, 19.3, 20.3, 20.4, 20.5, 20.6, 21.2, 22.2, 23.2, 24.2, 25.2, 25A.2, 26.3, 27.2, 28.2, 29.2, 30.2.4, 30.3.05, 30.3.06, 30.4.02, 30.5.5 or 30.6.3. 2. The location of a structure or improvement in an area other than a building site, in violation of subsection 4.2.3.1. 3. The location of a structure or improvement or engaging in land disturbing activity on slopes of twenty-five percent or greater, in violation of subsection 4.2.3.2. 4. The cutting of trees in violation of section 4.3. 5. The placement, allowance of, erection or maintenance of a material impediment to visibility so as to restrict sight distance in violation of section 4.4. 6. Any violation of section 4.10, which regulates the height of buildings and other structures, except as provided in subsection (B)(1). 7. Any violation of section 4.12, which regulates off-street parking. 8. Any violation of section 4.15, which regulates permanent and temporary signs, except as provided in subsection (F). 9. Any violation of section 4.17, which regulates outdoor lighting. 10. Any violation of section 5.0, which establishes supplementary regulations for certain uses authorized in the several zoning districts. 11. pursuant thereto. Any violation of section 32.0, which regulates site plans and development 12. Any violation of a proffer, or a planned development application plan, special use permit, variance, site plan, certificate of appropriateness or any condition related thereto. B. Schedule of violations subject to fifty dollar ($50. 00) civil penalty for first violation. Any violation of the following provisions of this chapter shall be subject to a civil penalty of fifty dollars ($50.00) for the first violation, and a civil penalty of one hundred fifty dollars ($150.00) for each subsequent violation arising from the same set of operative facts: 1. The construction, erection or location of an accessory building in a residential district in violation of subsection 4.10.3.4. 2. Any violation of section 4.11, which regulates uses and structures permitted in required yards. 3. The use of a major recreational vehicle in violation of subsection 4.13.1.2. 4. The parking of a truck with a gross vehicle weight of twelve thousand (12,000) pounds or more or a dual-wheeled recreational vehicle in a residential district in violation of subsection 4.13.3. Each such truck or dual-wheeled recreational vehicle parked in a residential district in violation of subsection 4.13.3 shall constitute a separation violation. 5. Any violation of section 4.18, which regulates noise. 6. The failure to maintain or replace recreational equipment in violation of subsection 4.16.3.2. 7. Any violation of section 6.0, which regulates nonconformities. C. Each day during which a violation is found to exist shall be a separate offense. However, the same scheduled violation arising from the same operative set of facts may be charged not more than once in a ten (10) day period, and the total civil penalties from a series of such violations arising from the same set of operative facts shall not exceed three thousand dollars ($3,000). D. Any person summoned for a scheduled violation may elect to pay the civil penalty by making an appearance in person or in writing by mail to the department of finance prior to the date fixed for trial in court. A person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. A signature to an admission of liability shall have the same force and effect as a judgment of court. However, such an admission shall not be deemed a criminal conviction for any purpose. Ifa person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided by law. A finding of liability shall not be deemed a criminal conviction for any purpose. 3 E. The designation ora particular violation in section 37.2(A) or (B) shall be in lieu of any criminal penalty and, except for any violation resulting in injury to persons, such a designation shall preclude the prosecution of the particular violation as a criminal misdemeanor, but shall not preclude any other remedy available under this chapter. F. The designation of a particular violation in section 37.2(A) or (B) shall not be construed to allow the imposition of civil penalties: (i) for activities related to land development within the meaning of Virginia Code § 10.1-603.2; or (ii) for violation of any provision of the zoning ordinance relating to the posting of signs on public property or public rights-of-way. G. Any reference herein to a section of this chapter shall include all subsections and paragraphs of that section. (Ord. 00-18(5), 6-14-00) State law reference- Va. Code § 15.2-2209. Sec. 37.3 Injunctive relief and other remedies. Any violation of this chapter may be restrained, corrected, or abated as the case may be by injunction or other appropriate relief. ( Ord. 00-18(5), 6-14-00) State law reference - Va. Code § 15.2-2208. This ordinance shall be effective on and after July 1, 2000. I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero , as recorded below, at a regular meeting held on June 14, 2000. Aye Mr. Bowerman ~f Mr. Dorrier Y Ms. Humphris Y Mr. Martin Y Mr. Perkins Y Ms. Thomas Y C lh'lLQ~6a~3-~f Count~(Supd73~s6¢ Nay ~ 4 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 MEMORANDUM TO: FROM: Albemarle County Board of Supervisors V. Wayne Cilimberg, Director of Planning & Community Development DATE: May 23, 2000 ZTA-00-006 Noise ZTA-00-007 Civil Penalties The Albemarle County Planning Commission, at its meeting on May 16, 2000, unanimously recommended approval of the above-noted zoning text amendments to the Board of Supervisors. Attached please find staff reports for these items. The Board of Supervisors is scheduled to review these amendments at their meeting on June 14, 2000. If you have any questions, please do not hesitate to contact me. VWC/jcf ATTACHMENTS Draft:05/22/00 ORDINANCE NO. 00-18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE V, VIOLATION AND PENALTY, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article V, Violation and Penalty, of the Code of the County of Albemarle is amended as follows: By Adding: Sec. 37.0 Sec. 37.1 Sec. 37.2 Sec. 37.3 By Repealing: Penalties and remedies. Criminal penalty. Civil penalty. Injunctive relief and other remedies. Sec. 37.0 Penalties. Chapter 18. Zoning Article V. Violation and Penalty Sec. 37.0 Penalties and remedies. See. 37.1 Criminal penal,ty. Any person., whether owner, lessee,, principal, agent, employee or otherwise, who violates any provision of this chapter, or permits any such violation, or fails to comply with any of the requirements hereof, or who erects any building or structure or uses any building, structure or land in violation of this chapter or any site plan or other detailed statemem or plan submitted by one of the above-described persons and approved under the provisions of this chapter, shall be subject to the following: A. The person shall have committed a misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1.000.00). B. If the violation is uncorrected at the time of conviction, the court shall order the person convicted to abate or remedy the violation in compliance with this chapter, within a time period established by the court. Failure to remove or abate such violation within the time period established by the court shall constitute a separate misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00), and any such failure during any succeeding ten (10) day period shall constitute a separate misdemeanor offense for each ten (10) day period, punishable by a fine of not less than one hundred dollars ($100.00) nor more than one thousand five hundred dollars ($1,500.00). Draft:05/22/00 (Ord. 00-18()) State law reference- Va. Code § 15.2-2286. See. 37.2 Civil penalty. Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates any provision of this chapter, or permits any such violation, .or fails to comply with any of the requirements hereof, or who erects any building or structure or uses any building, structure or land in violation of this chapter or any site plan or other detailed statement or plan submitted by him and approved under the provisions of this chapter, shall be subiect to the following: A. Schedule of violations sub/ect to one hundred dollar ($100. 00). civil penal02 for ,first violation. Any violation of the following provisions of this chapter shall be subject to a civil penalty of one hundred dollars ($100.00) for the first violation, and a civil penalty of one hundred fifty dollars ($150.00) for each subsequent violation arising from the same set of operative facts: 1. Each use of a lot, including the use of any structure thereon, not authorized either as a matter of right or by special use permit by the zoning regulations applicable to the district in which the lot is located, in violation of, as applicable, sections and subsections 10.2, 12.2, 13.2, 14.2, 15.2, 16.2, 17.2, 18.2, 19.3, 20.3, 20.4, 20.5, 20.6, 21.2, 22.2. 23.2, 24.2, 25.2, 25A.2, 26.3, 27.2, 28.2, 29.2., 30.2.4, .30.3.05, 30.3.06, 30.4.02, 30.5.5 or 30.6.3. 2. The location of a structure or improvement in an area other than a building site, in violation of subsection 4.2.3.1. 3. The location of a structure or improvement or engaging in land disturbing activity on slopes of twenty-five.percent or greater, in violation of subsection 4.2.3.2. The cuttine of trees in violation of section 4.3. The placement, allowance of, erection or maintenance of a material impediment to visibility so as to restrict sight distance in violation of section 4.4. 6. Any violation of section 4.10. which regulates the height of buildings and other structures, except as provided in subsection (B)(1). 7. Any violation of section 4.12, which regulates off-street parking. 8. Any violation of section 4.15, which regulates permanent and temporary signs, except as provided in subsection (F). 9. Any violation of section 4.17, which regulates outdoor lighting. t 0. Any violation of section 5.0. which establishes supplementary regulations for certain uses authorized in the several zoning districts. Draft:05/22/00 11. Any violation of section 32.0, which regulates site plans and development pursuant thereto. 12. Any violation of a proffer, or a planned development application plan, special use permit, variance, site plan. certificate of appropriateness or any condition related thereto. Schedule of violations sub/ect to fifty dollar ($50. 00) civil penaltF.for first violation. Any violation of the following provisions of this chapter shall be subject to a civil penalty of fifty dollars ($50.00) for the first violation, and a civil penalty of one hundred fifty dollars ($150.00) for each subsequent violation arising from the same set of operative facts: 1. The construction, erection or location of an accessory building in a residential district in violation of subsection 4.10.3.4. 2. Any violation of section 4.11, which regulates uses and structures permitted in required yards. 3. The use of a major recreational vehicle in violation of subsection 4.13.1.2. 4. The parkin.~ of a truck with a gross vehicle weight of twelve thousand (12,000) pounds or more or a dual-wheeled recreational vehicle in a residential district in violation of subsection 4.13.3. Each such truck or dual-wheeled recreational vehicle parked in a residential district in violation of subsection 4.13.3 shall constitute a separation Violation. 5. Any violation of section 4.18, which regulates noise. 6. The failure to maintain or replace recreational equipment in violation of subsection 4.16.3.2. 7. Any violation of section 6.0, which regulates nonconformities. C. Each day during which a violation is found to exist shall be a separate offense. However, the same scheduled violation arising from the same operative set of facts may be charged not more than once in a ten (10) day period, and the total civil penalties from a series of such violations arising from the same set of operative facts shall not exceed three thousand dollars ($3,000). D. Any person summoned for a scheduled violation may elect to pay the civil penalty by making an appearance in person or in writing by mail to the department of finance prior to the date fixed for trial in court. A person so appearing may enter a waiver of trial, admit liability, mhd pay the civil penalty established for the offense charged. A signature to an admission of liability shall have the same force and effect as a .judgment of court. However, such an admission shall not be deemed a criminal conviction for any purpose. If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided by law. A findin.e of liability shall not be deemed a criminal conviction for any purpose. 3 Draft:05/22/00 E. The designation of a particular violation in section 37.2(A) or (B) shall be in lieu of any criminal penalty and, except for any violation resulting in injur~ to persons, such a designation shall preclude the prosecution of the particular violation as a criminal misdemeanor, but shall not preclude any other remedy available under this chapter. F. The designation of a particular violation in section 37.2(A) or (B) shall not be construed to allow the imposition of civil penalties: (i) for activities related to land development within the meaning of Virginia Code { 10.1-603.2; or (ii) for violation of any provision of the zonin~ ordinance relatine to the posting of signs on public property or public rights-of-way. G. Any reference herein to a section of this chapter shall include all subsections and paragraphs of that section. (Ord. 00-18()) State law reference- Va. Code § 15.2-2209, Sec. 37.3 Injunctive relief and other remedies. Any violation of this chapter may be restrained, corrected, or abated as the case may be bv injunction or other appropriate relief. ( Ord. 00-18()) State law reference - Va. Code § 15.2-2208. 37.9 PENALT!ES I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to . as recorded below, at a regular meeting held on Clerk, Board of County Supervisors 4 PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON CONSERVATION EASEMENT PROGRAM (ACE) ORDINANCE NAME (Please print clearly) 13 PHONE NUMBER/ADDRESS (Optional) 14 15 16 17 18 19 2O 21 22 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Public hearing on proposed ordinance for ACE SU BJ ECT/PROPOSAL/REQUEST: Public hearing on acquisition of conservation easement (ACE) program STAFF CONTACT(S): Tucker, Foley, Davis, Cilimberg AGENDA DATE: June 14, 2000 ACTION: Yes CONSENT AGENDA: ITEM NUMBER: INFORMATION: ACTION: INFORMATION: ATTACHMENTS: /~_~ REVIEWED BY:/~;~J / BACKGROUND: At its February 2, 2000 meeting, the Board directed staff to draft an ordinance implementing the ACE program, based on the ACE Committee's final report dated November 3, 1999, as supplemented by subsequent worksessions and the January 12, 2000 public hearing. The form of the proposed ordinance is generally modeled after the Virginia Beach Agricultural Reserve Program. The Planning Commission held a worksession on the proposed ordinance on May 23, 2000. DISCUSSION: Administration of program: The ACE program is proposed to be administered by the director of planning and community development, who is designated as the program administrator. (Section 5.1-104) The key functions of the program administrator will be to promote the program and other land protection programs, develop procedures for implementing and administering the program, evaluate applications for conservation easements, provide staff support to the program's committees and the Board, and assure that the terms and conditions of each easement are monitored and complied with. The ACE committee will be a 10-member committee appointed by the Board. Its pdmary purposes will be to evaluate and rank applications and make recommendations to the Board, and to annually review the program's eligibility and ranking criteria and recommend changes to the Board. (Section 5.1-105) The appraisal review committee will be a 5-member committee appointed by the Board whose purpose will be to review appraisals and make recommendations on those appraisals to the Board. (Section 5.1-106) The Board will decide which conservation easements will be purchased. (Sections 5.1-107 and 5.1-108) Eligibility of parcels: The ACE program is proposed to be available for all privately owned and controlled lands in the County. (Section 5.1-102) In order for a parcel to be eligible: (1) the use of the parcel subject to each conservation easement must be consistent with the comprehensive plan; (2) the proposed terms of the conservation easement must satisfy the minimum easement terms and conditions set forth in the ordinance (summarized below); and (3) the parcel must obtain at least 15 points under the ranking criteria. (Section 5.1-107) The ranking criteria assign various points based on the parcel's open space resources, threat of conversion to developed use, natural, cultural and scenic resources, and the availability of other public or private funding to be applied to leverage the purchase of the conservation easement. (Section 5.1-108) Procedure to establish conservation easements: The procedure to establish a conservation easement under the ACE program is proposed to be an annual process. Applications will be submitted to the program administrator by July 1 of each year, who will evaluate each application and submit a list of ranked parcels to the ACE committee by August 1. By September 1, the ACE committee will evaluate and rank the applications in the order of priority which it recommends the easements should be purchased, and forward its recommendation to the Board. The Board will then review the ACE committee's recommendation, and determine conservation easements it desires to purchase. The Board will then rank those parcels on which it will seek to purchase conservation easements that year. Each parcel identified by the Board will be appraised by either the County assessor or an independent qualified appraiser. The appraisal must be completed by October 1. The appraisal review committee will review each appraisal and submit its recommendation to the Board by November 1. (Section 5.1-110) AGENDA TITLE: Public hearing on proposed ordinance for ACE June 14, 2000 Page 2 From the list of parcels, the Board will identify the initial pool of eligible parcels on which conservation easements are to be purchased. The size of the pool will be based on the funds available to purchase easements in the current fiscal year. The purchase price will be determined by multiplying the appraised value by a factor based on the average annual adjusted gross income of the owner and his or her immediate family. This factor will decrease as the adjusted gross income increases (e.g., if the adjusted gross income is $50,000 or less, the purchase price will be 100% of the appraised value; if the adjusted gross income is between $100,001 and $110,000, the purchase price will be 64% of the appraised value; if the adjusted gross income is $200,001 or more, the purchase price will be 4% of the appraised value). The Board will then invite the owners of the parcels in the pool to submit offers to sell conservation easements to the Board. If an offer to sell is submitted by an owner and accepted by the Board, a conservation easement will be established. If an offer to sell is not submitted, or the Board elects not to acquire an easement, an invitation will be sent to the next remaining parcel on the list of eligible parcels not included in the initial pool. The purchase price and the terms and conditions of the conservation easement will not be subject to negotiation. (Section 5.1-111 ) The proposed process requires all applications to be ranked and that the purchases occur at the same time each year. However, the ordinance allows the Board to waive any requirement or deadline if it is shown that exigent circumstances exist or that the requirements of the ordinance unreasonably restrict the purchase of an easement. (Section 5.1-110) Terms and conditions of conservation easement: The minimum terms and conditions of the conservation easement will: (1) restrict further division so that if the parcel or parcels subject to the conservation easement are less than one hundred (100) acres in the aggregate, they may not be further divided; and if the parcel or parcels subject to the conservation easement are greater than one hundred (100) acres in the aggregate, they may divided provided that the average parcel size after division is at least one hundred (100) acres; (2) require the owner to use and maintain a mountain resource in a manner consistent with the comprehensive plan, if the parcel was awarded points during the evaluation process for that criterion; please note that, other than the mountain resource and in some circumstances a hiStorical resource, the proposed easement will not require that owners preserve or maintain the qualities of the parcel that made it eligible for a conservation easement, except to the extent those qualities are preserved or maintained by density reduction; (3) prohibit the owner from reacquiring the conservation easement; and (4) impose other standard conservation easement restrictions regarding uses and activities allowed on the parcel, improvements that can be ~ade, management of forest resources, and the right of the easement holder to enter and inspect the parcel to determine compliance with the terms and conditions of the easement. (Section 5.1-109) Because County funds will be used to purchase most easements, the County and another qualified entity, such as the Virginia Outdoors Foundation or the Albemarle County Public Recreational Facilities Authority, will be the holders of each easement. (Section 5.1-109) Implementation schedule: Staff has determined that because of the program's start-up requirements such as staffing, program application development, marketing material development, selection of the ACE and appraisal review committees, and selection of a program appraiser, it is unlikely that the Board will receive the initial list of appraised parcels recommended for easement purchase until the spring of 2001. Although this projected date is too late for easement purchases to provide tax benefits to owners in the 2000 tax year, it will allow easements to be purchased during the County's 2000-01 fiscal year. Staff will provide the Board a more detailed.implementation schedule for its consideration at the July 5 Board meeting. RECOMMENDATION: Adopt the proposed ordinance. 00.124 Draft: 06/09/00 ORDINANCE NO. 5.1-00(1) AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BY ADDING CHAPTER 5.1, CONSERVATION EASEMENT ACQUISITION PROGRAM BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 5.1, Conservation Easement Acquisition Program, is hereby added to the Code of the County of Albemarle, Virginia as follows: By Adding: Sec. 5.1-100. Sec. 5.1-101. Sec. 5.1-102. Sec. 5.1-103. Sec. 5.1-104. Sec. 5.1-105. Sec. 5.1-106. Sec. 5.1-107. Sec. 5.1-108. Sec. 5.1-109. Sec. 5.1-110. Sec. 5.1-111. Sec. 5.1-112. Sec. 5.1-113. Short title. Purpose. Applicability. Definitions and construction. Designation of program administrator; powers and duties. ACE committee established; powers and duties. Appraisal review committee established; powers and duties. Eligibility criteria. Ranking criteria. Easement terms and conditions. Application and evaluation procedure. Purchase of conservation easement. Program funding. Program non-exclusivity. Chapter 5.1. Conservation Easement Acquisition Program Sec. 5.1-100. Short title. This chapter shall be known and may be cited as the "acquisition of conservation easements ("ACE") program." (Ord. 5.1-00(1 ) ) Sec. 5.1-101. Purpose. The board of supervisors finds that between 1974 and 1992, twenty-five thousand (25,000) acres of farmland in the county were lost to development; that at present, almost one- third of the acres of forest land in the county is considered by the Virginia Department of Forestry to be too densely populated for timber production; that regulatory land-use planning tools acceptable to the county's citizens and elected officials have not been able to stem the conversion of farm and forest land to other uses; and that farm and forest land, clean water and airsheds, biological diversity, scenic vistas and rural character have a public value as well as a private value. Therefore, the specific purposes of this chapter include, but are not limited to: Draft: 06/09/00 1. Establishing a program by which the county can acquire conservation easements to serve as one means of assuring that the county's resources are protected and efficiently used; 2. Establishing and preserving open space and preserving the rural character of Albemarle County; 3. Preserving farm and forest lands; 4. Conserving and protecting water resources and environmentally sensitive lands, waters and other natural resources; Conserving and protecting biodiversity and wildlife and aquatic habitat; Assisting in shaping the character and direction of the development of the o 6. community; 7. Attaining a balance between landowners' rights and responsibilities, and between the private and public values of rural land; 8. Improving the quality of life for the inhabitants of the county; and 9. Promoting tourism through the preservation of scenic resources. (Ord. 5.1-00(1)) State law reference - Va. Code § 10.1-1700 et seq. Sec. 5.1-102. Applicability. The ACE program shall be available for all lands in the county, except those lands under the ownership or control of the United States of America, the Commonwealth of Virginia, or an agency or instrumentality thereof. (Ord. 5.1-00(1)) Sec. 5.1-103. Definitions and construction. The following def'mitions shall apply in the interpretation and implementation of this chapter: (1) Conservation easement. The term "conservation easement" means a nonpossessory interest in one or more parcels of one or more qualified easement holders under section 5.1-109(E), whether the easement is appurtenant or in gross, acquired by purchase pursuant to the ACE program, imposing limitations or affm'native obligations for the purpose of retaining or protecting natural or open-space values of the parcel or parcels, assuring availability for agricultural, forestal, recreational or open-space use, protecting natural resources, 2 Draft: 06/09/00 maintaining or enhancing air or water quality, or preserving the historical, architectural or archaeological aspects of the parcel or parcels. (2) Development right. The term "development fight" means a right to divide a parcel within the rm'al areas zoning district conferred on the parcel by Chapter 18 of the Albemarle County Code (Zoning), including the fight to create a parcel twenty-one (21) acres or greater. (3) Forced sale. The term "forced sale" means a sale of a parcel with unused development rights in a manner prescribed by law that is conducted under a judgment, order or the supervision of a court of competent jurisdiction, other than a sale arising from a partition action; a sale resulting from foreclosure under the laws of the Commonwealth of Virginia; or, a sale that is not the voluntary act of the owner but is compelled in order to satisfy a debt evidenced by a mortgage, judgment, or a tax lien. (4) Hardship. The term "hardship" means an economic hardship, other than a circumstance causing a forced sale, experienced by the owner of the parcel so as to compel him to place a parcel with unused development fights for sale or to use such development fights. (5) Immediate family. The term "immediate family" means an owner's spouse and his or her offspring residing in the same household as the owner. (6) Owner. The term "owner" means the owner or owners of the freehold interest of the parcel. (7) Program administrator. The term "program administrator" means the director of the department of planning and community development. (8) Parcel. The term "parcel" means a lot or tract of land, lawfully recorded in the clerk's office of the circuit court of the County of Albemarle. B. Construction. Because a conservation easement may contain one or more parcels, for purposes of this chapter the term "parcel" shall include all parcels covered by, or proposed to be covered by, the conservation easement. (Ord. 5.1-00(1)) Sec. 5.1-104. Designation of program administrator; powers and duties. A. Designation. The director of the department of planning and community development is hereby designated as the program administrator. B. Powers and duties. The program administrator, or his designee, shall administer the ACE program and shall have the powers and duties to: 1. Establish reasonable and standard procedures and forms consistent with this chapter for the administration and implementation of the program. Draft: 06/09/00 2. Promote the program, in cooperation with the ACE committee, by providing educational materials to the public and conducting informational meetings. 3. Investigate and pursue, in conjunction with the county executive, state, federal and other programs available to provide additional public and private resources to fund the program ~and to maximize private participation. 4. Evaluate all applications to determine their eligibility and their ranking score, rank applications based on their ranking score, and make recommendations thereon to the ACE committee. 5. Determine the number of usable development rights existing on each parcel subject to an application, after obtaining the number of theoretical development rights from the zoning administrator. 6. Coordinate the preparation of appraisals. 7. Provide staff support to the appraisal review committee, the ACE committee and the board of supervisors. Provide educational materials regarding other land protection programs to the public. 9. For each easement, assure that the terms and conditions of the easement are monitored and complied with by coordinating a monitoring program with each easement holder, and if the other easement holders are either unable or unwilling to do so, monitor and assure compliance with the terms and conditions of the easement. (Ord. 5.1-00(1 ) ) See. 5.1-105. ACE committee established; powers and duties. A. Establishment. The ACE committee is hereby established, as provided herein: 1. The committee shall consist often (10) members appointed by the board of supervisors. Each member shall be a resident of Albemarle County. The committee should, but is not required to, be comprised of members who are knowledgeable in the fields of conservation biology, real estate and/or rural land appraisal, farming and forestry and may also include members of conservation easement holding agencies and conservation organizations. 2. The members of the committee shall serve at the pleasure of the board of supervisors. The initial term of three (3) members shall be for one (1) year. The initial term of three (3) members shall be for two (2) years. The initial term for four (4) members shall be for three (3) years. Each term after the initial term shall be for (3) years. Draft: 06/09/00 3. The members of the committee shall serve without pay, but the board of supervisors may, in its discretion, reimburse each member for actual and necessary expenses incurred in the performance of his duties. 4. The committee shall elect a chairman, vice-chairman and secretary at its first meeting each calendar year. The secretary need not be a member of the committee. B. Powers and duties. The ACE committee shall have the powers and duties to: 1. Promote the program, in cooperation with the program administrator, by providing educational materials to the public and conducting informational meetings. 2. Review the ranking of applications recommended by the program administrator, and make its recommendation to the board of supervisors as to which conservation easements should be purchased. 3. Annually review the program's eligibility and ranking criteria and recommend to the board of supervisors any changes needed to maintain the program's consistency with the comprehensive plan, or to improve the administration, implementation and effectiveness of the program. (Ord. 5.1-00(1)) Sec. 5.1-106. Appraisal review committee established; powers and duties. herein: Establishment. The appraisal review committee is hereby established, as provided 1. The committee shall consist of five (5) members appointed by the board of supervisors. Each member shall be a resident of Albemarle County. The committee shall be comprised of three (3) real estate professionals, the county assessor, and a member of the ACE committee. 2. The members of the committee shall serve at the pleasure of the board of supervisors. Each member, other than the county assessor, shall serve a one (1) year term. The county assessor shall be a permanent member of the committee. 3. The members of the committee shall serve without pay, but the board of supervisors may, in its discretion, reimburse each member other than the county assessor for actual and necessary expenses incurred in the performance of his duties. 4. The county assessor shall be the chairman of the committee. B. Power and duty. The appraisal review committee shall have the power and duty to review appraisals to assure they are consistent with appropriate appraisal guidelines and practices, and to make recommendations thereon to the board of supervisors. Draft: 06/09/00 (Ord. 5.1-00(1)) Sec. 5.1-107. Eligibility criteria. In order for a parcel to be eligible for a conservation easement, it must meet the following criteria: (i) the use of the parcel subject to the conservation easement must be consistent with the comprehensive plan; (ii) the proposed terms of the conservation easement must be consistent with the minimum conservation easement terms and conditions set forth in section 5.1-109; and (iii) the parcel shall obtain at least fifteen (15) points under the ranking criteria set forth in section 5.1-108. (Ord. 5.1-00(1)) Sec. 5.1-108. Ranking criteria. In order to effectuate the purposes of this chapter, parcels for which conservation easement applications have been received shall be ranked according to the criteria and the point values assigned thereto as set forth herein. Points shall be rounded to the first decimal. A. Open space resources. 1. The parcel adjoins an existing permanent conservation easement, a national, state or local park, or other permanently protected open space: one (1) point for every five hundred (500) feet of shared boundary. 2. Size of the parcel: one (1) point for each fifty (50) acres. B. Threat of conversion to developed use. 1. The parcel is threatened with forced sale: five (5) points. 2. The parcel is threatened with other hardship: three (3) points. 3. The number of usable development rights on the parcel: one-half (1/2) point for each usable development right to be eliminated, which shall be determined by subtracting the number of usable development rights to be retained from the total number of usable development rights. C. Natural, cultural and scenic resources. 1. Mountain protection: one (1) point for each one thousand (1000) feet of mountain ridge, as shown on county mountain overlay maps. 2. Working family farm, including forestry: five (5) points if at least one family member's principal occupation and income (more than half) is farming or foresting the 6 Draft: 06/09/00 parcel; three (3) points if at least one family member produces farm products derived from the parcel. 3. The parcel adjoins a road designated either as a Virginia scenic highway or byway, or as an entrance corridor under section 30.6.2 of Chapter 18 of the Albemarle County Code: one (1) point for each six hundred (600) feet of road frontage; or the parcel adjoins a public road: one (1) point for each one thousand (1000) feet of road frontage. 4. The parcel contains historic resources: three (3) points if it is within a national or state rural historic district or is or will be subject to a permanent easement protecting a historic resource; two (2) points if the parcel is within the primary Monticello viewshed, as shown on viewshed maps prepared for Monticello and in the possession of the county. 5. The parcel contains an occurrence listed on the state natural heritage inventory: five (5) points. 6. The parcel contains class I, II or IH soils, based on federal natural resources conservation service classifications: one (1) point for each fifty (50) acres containing such soils, for up to a total of five (5) points. 7. The parcel is within the South Fork Rivanna Reservoir Watershed or the Totier Creek Watershed: three (3) points; or the parcel adjoins the Ivy Creek, Mechums River, Moormans River, Doyles Creek, Buck Mountain Creek, South Fork Rivanna Reservoir, Rivanna River, Totier Creek Reservoir, Jacob's Run, or the Hardware River: one-half (1/2) point for each one thousand (1000) feet of frontage. 8. The parcel adjoins a waterway designated as a state scenic river: one-half (1/2) point for each one thousand (1000) feet of frontage. 9. The parcel is or will be subject to a permanent easement whose primary purpose is to establish or maintain vegetative buffers adjoining perennial or intermittent streams, as those terms are defined in Chapter 17 of the Albemarle County Code: one (1) point for each one thousand (1000) feet of buffer that is between thirty-five (35) and one hundred (100) feet wide; two (2) points for each one thousand (1000) feet of buffer that is greater than one hundred (100) feet wide. 10. The parcel is within a sensitive groundwater recharging area identified in a county-sponsored groundwater study: one (1) point. D. County fund leveraging. If the owner identifies state, federal or private funding that can be applied to leverage the purchase of the conservation easement: one (1) point for each ten (10) percent of the purchase price for which those funds can be applied. (Ord. 5.1-00(1)) Draft: 06/09/00 Sec. 5.1-109. Easement terms and conditions. Each conservation easement shall conform with the requirements of the Open Space Land Act of 1966 (Virginia Code § 10.1-1700 et seq.) and of this chapter. The deed of easement shall be in a form approved by the county attorney, and shall contain, at a minimum, the following provisions: A. Restriction on division. The parcel or parcels subject to the conservation easement shall be restricted from division as follows: (i) if the parcel or parcels subject to the conservation easement are less than one hundred (100) acres in the aggregate, the parcel or parcels comprising such easement shall not be further divided; (ii) if the parcel or parcels subject to the conservation easement are greater than one hundred (100) acres in the aggregate, the parcel or parcels comprising such easement may be divided provided that the average parcel size after division is at least one hundred (100) acres. B. Protection of mountain resources. If the parcel was awarded points during the evaluation process pursuant to section 5.1-108(C)(1) for mountain protection, the deed of easement shall assure that the parcel is used and maintained in a manner consistent with the comprehensive plan. C. No buy-back option. The owner shall not have the option to reacquire the conservation easement. D. Other restrictions. In addition to the foregoing, the parcel shall be subject to restrictions pertaining to uses and activities allowed on the parcel. These restrictions shall include, but are not necessarily limited to, those pertaining to: (i) the accumulation of trash and junk; (ii) the display of billboards, signs and advertisements; (iii) the management of forest resources; (iv) grading, blasting or earth removal; (v) the number and size of residential outbuildings and farm buildings or structures; (vi) the conduct of industrial or commercial activities on the parcel; and (vii) the right of an easement holder to enter the parcel to conduct inspections to determine compliance with the terms and conditions of the easement. E. Designation of easement holders. The county and one or more other qualified entities designated by the board of supervisors shall be the easement holders of each easement. The qualified entities shall include, but not be limited to, the Albemarle County Public Recreational Facilities Authority and the Virginia Outdoors Foundation. (Ord. 5.1-00(1)) Sec. 5.1-110. Application and evaluation procedure. Each application for a conservation easement shall be processed as follows: A. Form of application. Each application shall be submitted on a standard form prepared by the program administrator. The application shall require, at a minimum, the owner to provide the name of all owners of the parcel, the address of each owner, the acreage of the Draft: 06/09/00 parcel, the Albemarle County tax map and parcel number, the zoning designation of the parcel, and permission for the program administrator to enter the property after reasonable notice to the owner to evaluate the parcel and for the county assessor or an independent appraiser to appraise the property. The application shall also require the owner to state his adjusted gross income for the three (3) prior tax years. The program administrator may require an owner to provide any other information deemed necessary in order to determine whether the parcel is eligible for a conservation easement and to apply the ranking criteria. B. Submittal of application. Applications shall be submitted to the office of the program administrator. An application may be submitted at any time. However, applications received after July 1 shall be evaluated in the following year. C. Evaluation byprogram administrator. The program administrator shall evaluate each application received and determine within fifteen (15) days whether the application is complete. If the application is incomplete, the program administrator shall inform the owner in writing of the information that must be submitted in order for the application to be deemed complete. When an application is deemed complete, the program administrator shall determine whether the parcel satisfies the eligibility criteria set forth in section 5.1-107 and, if it does, shall determine the number of points to be attributed to the parcel by applying the criteria set forth in section 5.1-108. The program administrator shall then rank each parcel scoring at least fifteen (15) points under the criteria set forth in section 5.1-108, with the parcel scoring the most points being the highest ranked and descending therefrom. By not later than August 1, the program administrator shall submit the list of ranked parcels to the ACE committee. D. Evaluation and ranking by ACE committee. The ACE committee shall review the list of ranked parcels submitted by the program administrator and shall rank the parcels in the order of priority it recommends the easements shall be purchased. By not later than September 1, the committee shall forward to the board of supervisors its recommendation of the parcels on which conservation easements should be purchased. E. Evaluation and ranking by board of supervisors. The board of supervisors shall review the list of ranked parcels submitted by the ACE committee and identify on which parcels it desires conservation easements. The board shall then rank those parcels on which it will seek to purchase conservation easements that year. Nothing in this chapter shall obligate the board to purchase a conservation easement on any property that meets the minimum number of qualifying points. F. Appraisal of conservation easement value. Each conservation easement identified by the board of supervisors to be purchased shall be appraised either by the county assessor or an independent qualified appraiser. Each appraisal shall be completed by October 1 and shall be submitted to the program administrator and the owner. The program administrator shall forward each appraisal to the appraisal review committee, which shall review each appraisal and make recommendations thereon to the board of supervisors by November 1. G. Requirements and deadlines may be waived. Any requirement or deadline set forth in this chapter may be waived by the board of supervisors if, for good cause, it is shown Draft: 06/09/00 that exigent circumstances exist that warrant consideration of an otherwise untimely application, or it is shown that such requirements unreasonably restrict the purchase of such easement. Under such circumstances, the board may purchase a conservation easement at any time it deems necessary and subject to only such requirements it deems appropriate. H. Reapplication. An owner of a parcel not selected by the board of supervisors for purchase of a conservation easement may reapply in any future year. (Ord. 5.1-00(1 )) Sec. 5.1-111. Purchase of conservation easement. Each conservation easement shall be purchased as follows: A. Identification of initial pool. From the list of parcels received under section 5.1- 110(B), the board of supervisors shall designate the initial pool of parcels identified for conservation easements to be purchased. The size of the pool shall be based upon the funds available for easement purchases in the current fiscal year and the purchase price of each conservation easement in the pool established under section 5.1-111 (B). B. Determining purchase price. The purchase price of any conservation easement shall be calculated by multiplying the appraised value by the applicable percentage of appraised value set forth in the table below. The average annual adjusted gross income shall be based on the annual adjusted gross income of each owner of record and his or her immediate family for the three (3) most recent tax years. Average Annual Adjusted GrossIncome Percentage of Appraised Value $ 0-$50,000 100% $50,001 ~ $60,000 94% $60,001 ~ $70,000 88% 82% $70,001 ~ $80,000 $80,001 ~ $90,000 $90,001- $100,000 $100,001 ~ $110,000 76% 70% 64% $110,001- $120,000 58% $120,001 - $130,000 52% $130,001- $140,000 46% $140,001-$150,000 40% $150,001 - $160,000 34% $160,001- $170,000 28% $170,001 - $180,000 22% $180,001- $190,000 16% $190,001- $200,000 10% $200,001 ormore 4% 10 Draft: 06/09/00 C. Invitation of offer to sell. The board shall invite the owner of each parcel included in the initial pool of conservation easements to submit an offer to sell to the board a conservation easement on that parcel for the purchase price, which price shall not be subject to negotiation, subject to the terms and conditions of a proposed deed of easement, which also shall not be subject to negotiation. The invitation to sell shall be in writing and shall include the purchase price, the proposed deed of easement, and the date by which a written offer must be received by the program administrator in order to be considered. The invitation may contain a form offer to be returned by the owner if the owner desires to offer to sell a conservation easement. D. Offer to sell. Each owner who desires to sell a conservation easement shall submit a written offer that must be received by the program administrator by the date contained in the invitation to offer to sell. The offer should include a statement that substantially states the following: "(The owner) offers to sell a conservation easement to the County of Albemarle, Virginia for the sum of (purchase price), subject to the terms and conditions set forth in the proposed deed of easement enclosed with the invitation to offer." Nothing in this chapter shall compel an owner to submit an offer to sell. E. Acceptance. An offer to sell a conservation easement shall be accepted by the board of supervisors only in writing, and only following an action by the board authorizing acceptance. An offer shall not be accepted by the board if a conservation easement on the subject parcel is inconsistent with the policies and goals of the comprehensive plan at the time the offer is received. Nothing in this chapter requires the board to accept an offer to sell a conservation easement. F. Easement established. A conservation easement shall be established when the owner and an authorized representative of the holder of the easement haVe each signed the deed of easement. The deed shall be recorded in the office of the clerk of the circuit court of the County of Albemarle. A single conservation easement may be established for more than one parcel under the same ownership. G. Offers not made; offers not accepte& invitation to other owners. If an owner invited to submit an offer elects not to do so, or if his offer to sell is not accepted by the board of supervisors, then the board shall send an invitation to offer to sell to the owner of the next highest ranked parcel remaining on the list of parcels identified in section 5.1-110(E). H. Costs. If the board of supervisors accepts an offer to sell a conservation easement, the county shall pay all costs, including environmental site assessments, surveys, recording costs, grantor's tax, if any, and other charges associated with closing. Provided, however, the county shall not pay fees incurred for independent appraisals or legal, financial, or other advice, or fees in connection with the release and subordination of liens to the easement purchased by the county. I. Reapplication. An owner for whose parcel a conservation easement is not purchased may reapply in any future year. (Ord. 5.1-00(1)) 11 Draft: 06/09/00 Sec. 5.1-112. Program funding. The conservation easement program may be funded annually by the board of supervisors in the county budget or by special appropriation. The county shall endeavor to seek funds from federal, state and private sources to effectuate the purposes of this chapter. (Ord. 5.1-00(1)) Sec. 5.1-113. Program non-exclusivity. The conservation easement program is a non-exclusive means by which the county may purchase conservation easements or control land use and development, or by which landowners may establish conservation easements and other §elf-imposed limitations on land use or development. This chapter shall not be construed in any way as a limitation upon the county's authority to acquire land for public purposes. (Ord. 5.1-00(1 )) 12 /~6 ~ Draft: 06/14/00 Sec. 5.1-109. Easement terms and conditions. ~ Each conservation easement shall conform with the requirements of the Open Space Land Act of 1966 (Virginia Code § 10.1-1700 et seq.) and of this chapter. The deed of easement shall be in a form approved by the county attorney, and shall contain, at a minimum, the following provisions: B. Protection of mountain resources. If the parcel was awarded points during the evaluation process pursuant to section 5.1-108(C)(1) for mountain protection, the deed of easement shall assure that the parcel is used and maintained in a manner consistent with the comprehensive plan. C. No buy-back option. The owner shall not have the option to reacquire the conservation easement. D. Other restrictions. In addition to the foregoing, the parcel shall be subject to restrictions pertaining to uses and activities allowed on the parcel. These restrictions shall include, but are not necessarily limited to, those pertaining to: (i) the accumulation of trash and junk; (ii) the display of billboards, signs and adve~isements; (iii) the management of forest~/ resources; (iv) grading, blasting or earth removal,~ (v) the number and size of residential ~ outbuildings and farm buildings or structures; (vi) the conduct of industrial or commercial activities on the parcel; and (vii) the right of an easement holder to enter the parcel to conduct inspections to determine compliance with the terms and conditions of the easement. E. Designation of easement holders. The county and one or more other ~ ~ public bodies within the meaning of Virginia Code § 10.1-1700 designated by the board of supervisors shall be the easement holders of each easement. The qua1:.S:~ erZ:.t!e: public body or bodies who may be designated by the board shall include, but not be limited to, the Albemarle County Public Recreational Facilities Authority and the Virginia Outdoors Foundation. (Ord. 5.1-00(1)) Draft: 06/14/00 Sec. 5.1-106. Appraisal review committee established; powers and duties. herein: Establishment. The appraisal review committee is hereby established, as provided 1. The committee shall consist of five (5) members appointed by the board of supervisors. ~ ~'"~'~" ~,~u ~ a "~;~*'+ ~ ^ u, .... ~ r~ .... +'~ The co~i~ee sh~l be comprised of t~ee (3) reft estate professionals, the co~W assessor, ~d a member of the ACE co~iAee. 2. The members of the committee shall serve at the pleasure of the board of supervisors. Each member, other than the county assessor, shall serve a one (1) year term. The county assessor shall be a permanent member of the committee. 3. The members of the committee shall serve without pay, but the board of supervisors may, in its discretion, reimburse each member other than the county assessor for actual and necessary expenses incurred in the performance of his duties. 4. The county assessor shall be the chairman-of the committee. B. Power and duty. The appraisal review committee shall have the power and duty to review appraisals to assure they are consistent with appropriate appraisal guidelines and practices, and to make recommendations thereon to the board of supervisors. (Ord. 5.1-00(1)) Draft: 06/14/00 Sec. 5.1-112. Program funding. The :cnser:at;.cn easemer2 ACE program may be funded annually by the board of supervisors in the county budget or by special appropriation. The county shall endeavor to seek funds from federal, state and private sources to effectuate the purposes of this chapter. (Ord. 5.1-00(1)) Sec. 5.1-113. Program non-exclusivity. The ccnser:at;.cn e~emer2 ACE program is a non-exclusive means by which the county may purchase conservation easements or control land use and development, or by which landowners may establish conservation easements and other self-imposed limitations on land use or development. This chapter shall not be construed in any way as a limitation upon the county's authority to acquire land for public purposes. (Ord. 5.1-00(1)) TO: BOS DATE: June 14, 2000 RE: ACE FROM: LWV/CHARLOTTES/ALBEMARLE CTY We support this ordinance, which was written by a broad cross section of public and private groups. Its' development is one strategy to implement the county's comprehensive plan open space protection. The purchase of development rights, which is the main objective of this ordinance, is a good means of protecting farm land keeping it in agriculture use. We can all agree that this is a sound idea . altho we may not agree on all of the purposes. Quite a diverse listing of purposes is in this document · from conserving and protecting water resources, to biodiversity, to tourism through preservation of scenic resources, etc. We would all agree that the ordinance will contribute to alleviating our other concerns, as I briefly mentioned. For that reason, we strongly urge a staff person be hired to coordinate with other agencies such as Piedmont Environmental Council, Soil and Water Conservation District, The Nature Conservancy, Virginia Outdoors Foundation, and others, to use all the means and methods available. ( Including the writing of grants.) This would enable people interested in the ACE program to have a variety of mechanisms available to keep and protect their land for themselves and for the interests of our county. We believe, as this staffperson begins to understand the scope of this ACE program, etc., that an overall plan will emerge to enable them to become more proactive in further promoting the purchase of development rights. We also recommend, when the Board appoints an ACE committee, that it should include a lawyer, a planning commissioner, and a Soil and Water District director. We have repeatedly voiced support for Comprehensive Plan provisions, land use decisions, and other county efforts that would protect our watersheds, our forests, our historic resources, our mountain lands, and our diverse biological communities. Over the ensuing time our community's good health depends on their remaining intact and viable. And this ordinance is a commonly agreed upon bold, innovative beginning. Statement by Citizens for Albemarle to the Albemarle County Board of Supervisors regarding a Proposed Acquisition of Conservation Easements Ordinance June 14, 2000 Mr. Chairman, Members of the Board, my name is Tom Olivier. I am president of Citizens for Albemarle and am speaking on behalf of that organization this evening. Citizens for Albemarle urges that you adopt the proposed ACE ordinance, or a minor revision, provided the County' 1. promptly and thouroughly uPdates the rural areas section of the comprehensive plan 2. reviews and revises the structure of the ACE program in two to three years so that weak or faulty features are corrected. Citizens for Albemarle commends the Supervisors for holding a public hearing in January of this year to take public comment on the ACE program and for incorporating many good suggestions. However, issues remain. Our comprehensive plan lacks systematic discussion of strategies for integrated, direct protection of different, open space resources, precisely the kind of guiding policy most needed by the ACE program. In the current update of the Albemarle County Comprehensive Plan, begun in 1993, the rural areas chapter unfinished. In November of last year, prior to the one RA work session held to date, Citizens for Albemarle wrote to the Board of Supervisors asking that eady in the chapter update 'members of the public be given an opportunity present proposals on rural areas planning issues. Among other things we hoped to discuss how direct protection of different open space resources can be approached systematically. Our request last November received no response, so given its relevance to the ACE program, we repeat it this evening. A copy of our 5 November letter with full details of our request is attached. Also attached is a new Citizens for Albemarle publication on methods of selecting ecologically valuable areas for conservation. We believe the selection methods presented in this document could contribute to an eventual improvement of the ACE parcel ranking methods. We also note that the current proposal lacks sufficient discussion of different management requirements for parcels with different types of open space resources and this issue must be addressed at some point. The 6/9/2000 revision includes a requirement that forestry management be addressed in easement terms. This should not imply intrusive management or commercial goals for forests on accepted parcels. The sliding payment scale might be improved if liquid aspects of net worth were considered in addition to gross income. Finally, adoption of this program emphatically must not be viewed, even tacitly, as a replacement for justifiable uncompensated regulatory measures, such as down-zoning. Related to this we recommend deletion of two blocks of text: Section 5.1-101. Purpose. (introductory paragraph): "that regulatory land-use planning tools acceptable to the county's citizens and elected officials have not been able to stem the conversion of farm and forest land to other uses;" Section 5.1-101. Purpose (subparagraph 7): "Attaining a balance between landowners' rights and responsbilities, and between the private and public values of rural land." In summary, we support the ACE program provided you view it as a work in progress and are committed to its progressive evolution over the next few years. Citizens for Albemarle P. O. Box 3751 University Station Charlottesville, VA 22903 Mr. Charles Martin, Chair Albemarle County Board of Supervisors 200 Pineridge Lane Charlottesville, VA 22901 November 5, 1999 Dear Mr. Martin: Albemarle County is about to begin consideration of the mini areas chapter of its comprehensive plan. Precious and essential resources in our rural areas are being lost. Attempts to protect our rural areas resources through encouragement of agricultural and forestal industries have proven insufficient. Furthermore, there exist essential and critical resources in the rural areas beyond those which should be utilized as an agricultural or forestal industrial base. If we continue to approach protection of our rural areas with ineffectual policies, much of our environmental and agricultural heritage will soon be lost. Citizens for Albemarle believes that now is the time for a full examination of the goals we have for our rural areas. It is time also for a full review of the conditions of our rural areas and for a bold rethink of strategies for protection of these areas. For all the changes and throats to our rural areas, there are promising new possibilities for achieving their protection if we are willing to recognize and seize them. Citizens for Albemarle believes that the new rural areas chapter of our comprehensive plan should: · function, along with the natural environment chapter, as the foundation of the entire comprehensive plan · recognize that our rural areas contain various precious and essential resources · commit Albemarle County to direct protection for all rural areas resources · recognize that conflicts can exist between strategies for protection of different resources commit Albemarle County to a better analytical understanding of the roles, interrelationships and management needs of lands containing different rural resources, in order to better delineate and attain goals and resolve conflicts · commit Albemarle County to development of strategies for protection of rural areas resources that can work in all areas of the county and in neighborhoods of all income levels. We ask that we be given an opportunity to present these views in more extended form at a point eady in the rural areas chapter update process. We suggest that the Planning Commission hold a work session early in the update process where groups and residents are allowed to present their proposals for the new chapter. Thank you for your consideration. We look forward to a productive rural areas discussion. Sincerely, Wren Dawson Oiivier Board Member, Citizens for Albemarle cc: Supervisors, Planning Commission, D. Benish, W. Cilimberg, M.J. Scala, R. Tucker Principles, Criteria and Guidelines for Ecologically Valuable Areas: Identification and Selection A Publication of Citizens for Albemarle June 11, 2000 This document is the fn'st in a series of two that will examine conservation of ecologically valuable areas m Albemarle CounW. The second document will examine means of implementing conservation of such areas. Document prepared by the Biodiversity Committee, Citizens for Albemarle: Erwin, R.M., J. Hermsmeier, D.M Mellon, T. Olivier, G.C. Ray, and J. McCormick-Ray I. Introduction The purpose of this document is to provide guidance for identifying and selecting Ecologically Valuable Areas (EVAs) dedicated to conservation of natural resources and biological diversity in Albemarle County and surrounding region. These areas may include privately owned lands as well as those lands owned by local, state, or federal public agencies. The emphasis in this effort is to use lands already dedicated to conservation of natural resources as a beginning foundation in building a larger and more sustainable "structure" for the County and region In an ideal world, a given geographic region, be it a county, state, or nation, would have from 20- 30% of its area dedicated to conserving natural resources and biological diversity. Only Costa Rica exceeds that amount on a global scale. Albemarle County has much less than 20% of its area dedicated to this purpose; Shenandoah National Park represents only 3% of the County land area. Most of the land is privately owned with a variety of actual or potential uses. With rapid population growth, the "build out" potential suggests that in a few decades, the County's profile could resemble that of many congested suburban areas in New Jersey and Maryland. This document is an attempt to provide one step to try to prevent that. This document first provides a brief overview of the status of living resource conservation in the region, and explains the importance of EVAs in this regard. Next it states the general principles from which functions and types of EVAs are derived. It then presents criteria and guidelines for identifying and selecting EVAs. Finally, it considers how a regional network of such areas might be developed to enhance larger scale ecological value. The document builds upon the traditional concentration on state and national parks that involves defining boundaries around selected sites in order to preserve their value in perpetuity. Such an approach, though necessary, is insufficient to secure the conservation of species, their habitats and the ecological functions they perform. The approach stresses the protection of those vital ecosystem processes that maintain ecological and genetic diversity, and ensures that resources are used and maintained sustainably. In so doing, it advances the concept of protection for central Virginia whereby the region maintains the high quality of natural beauty and value that has highlighted the area as one of the most desirable in the nation. Although the focus is on Albemarle County, the approach as described has broader applicability than the central Virginia region, being of potential relevance to other regions. It also provides a framework for operations at broader and finer geographic scales. However, in order to clarify definitions, concepts and procedures, examples from central Virginia are given in the text. This document should be considered as the first of a two-part series. The second will focus on the third and fourth elements of a systematic plan, implementation and management-maintenance The implementation stage requires the processing of the "ideal" into the "real world" shaped by many stakeholders, resource constraints, and timetables. The management phase is the longest of all, as it requires a plan for long-term maintenance of conditions and must be done at the individual parcel level. Albemarle County and its EVAs Albemarle County is situated in the piedmont of central Virginia, flanked on its western boundary by the Blue Ridge Mountains. The topography of the countryside is characterized by undulating wooded hills and low elevation mountain ridges that are cut by numerous streams and rivers flowing out of the Blue Ridge. The forests are predominantly mixed deciduous in nature, characterized by yellow poplar, white oaks, southern red oaks, hickorys, maples and beech. Stands of Virginia pine are interspersed with the more numerous hardwoods on flat or gently sloping ground. The forest understory, especially on sloped land, is primarily dominated by mountain laurel. Higher mountaintops, especially along the Blue Ridge, may support relict populations of higher-latitude forest species, such as birch, which were prevalent low land flora here during the most recent ice age but which, since then, have retreated to higher elevations. The fauna of Albemarle County forests and fields is typical of Southern Apalachian fauna; White- tail deer and wild turkeys abound. Black bear are prevalent and bobcats are probably more common than thought. Small- to medium-sized mammals such as rabbits, squirrels, raccoons, opossums, skunks, and weasels are plentiful. Bobwhite Quail have nehfly disappeared from the county in the last twenty years, probably due in large part to farming practices. Many streams on the eastern slopes of the Blue Ridge have been degraded by acid rain, with a consequent reduction in trout populations and other sensitive aquatic fauna. Much of the county's forested areas has been cleared for agricultural purposes. While some crops are planted, a majority of the agricultural activity in the county centers around livestock grazing, including cattle, horses and sheep farms. Farming in the county was probably most intensively practised in the early parts of the twentieth century; since then, considerable land that was originally cleared has been permitted to return to a more natural state, and second- and third- growth forested areas are common, especially in the southern parts of the County, which is less urbanized than the northern sections. Since the 1960s, increasing human population pressures have become evident in the county, spurred especially by the enlarged studem population at the University of Virginia and the businesses that have expanded to support them. As the University has gained recognition as an outstanding institution, professional people have been drawn to its opportunities for employment. Charlottesville has been widely advertised along the East Coast as a bucolic retirement haven, and these efforts have been underscored by the development of three major retirement communities in the county during the last ten years. Thus, the natural environment of Albemarle County, as with so many other places in the eastern United States, is currently being besieged by population growth and its associated urban sprawl. Government agencies and private efforts such as land trusts have begun to provide greater protection of living resources. The natural environment chapter of the Albemarle COunty comprehensive plan, adopted in March, 1999, provides for creation of a county Biological Advisory Committee. This Committee will oversee an inventory of "biologically critical resources", will develop proposals for biodiversity protection in land use planning and will develop public education measures. Albemarle County is considering adopting a Purchase of Development Rights (PDR) program. The County Department of Parks and Recreations can accept conservation easements, as can the Virginia Outdoors Foundation and the Thomas Jefferson Soil and Water Conservation District. Shenandoah National Park provides protection for 14,000 acres (3% of the county area) within Albemarle County. One County Supervisor has called for permanent protection of 100,000 acres of Albemarle open space (ora total of 473,600 acres). However, existing easements and already-preserved parks and other lands do not provide sufficient areas to sustain natural resource values in the county. At present they protect only a small fraction of the county's land surface. Some parcels are isolated and too small to sustain ecological communities. Many parcels under easement have been selected using criteria unrelated to biodiversity and thus there are no guarantees that natural resource conservation will occur. In order to help Albemarle County and surrounding localities ensure that EVAs make their full contribution to conservation, a three-step process is put forward: identification of areas of ecological importance, use of selection criteria to prioritize the EVAs, and establishment of the individual areas selected so as to attain the specific objectives for which the area was established. This document focuses on the first two of these three processes. II. Principles, Functions, and Types of EVAs Principles are fundamentals of conduct. The principles that underlie creation of EVAs should logically be those that generally underlie the concept of living resource conservation. These include: 1. Maintenance of essential ecological communities, processes and life support systems, upon which human survival and well-being depend. The preservation of genetic diversity, which in turn supports the functions of the above processes and life support systems. In addition, genetic diversity provides the source materials for vital experimental programs necessary for new food crops, medical advances, technical innovation, and for the security of many industries which use living resources 3. Ensuring the sustainable utilization of ecosystems and their species that support local communities and industries. There are three main types of EVAs that are being considered in this document: (1) those in which the objectives are principally living resources conservation, with focus on protecting significant biological populations or communities, or ecological processes, (e,g. national parks, nature preserves); (2) those with high value for natural resources but allowing for low to moderate human activities including education, research, monitoring and r&creation (eg. state, county or municipal parks), and (3) those allowing for multiple use, where, human activities have first priority (commercial forests, farms with pasturelands, areas for ecotourism e.g. Montpelier Forest, even large homesteads) but where important ecological values can still be maintained. Functions of EVAs It is possible to identify a wide array of functions for which Ecologically Valuable Areas may be established and managed: 1. To protect biological and ecological values. This is the primary aim (a secondary aim may be historical and cultural preservation) and includes the maintenance of: a. genetic diversity through the protection of habitats for species, subspecies and varieties, be they resident or migratory, commercial or non-commercial, threatened or common, animal or plant; b. breeding grounds, especially for threatened and commercial species; c. areas of high biological productivity; d. ecological processes. 2, To restore biological and ecological resources that have been depleted or otherwise perturbed by human activities. To promote the sustainable use of resources, concentrating especially upon those that are overexploited; to encourage the stewardship of natural systems, upon which human well-being depends. 4. To provide for research and monitoring, education and training so as to encourage and extend human understanding of the natural environment and its ecological support systems. To provide for environmentally compatible forms of recreation and tourism, especially as these relate to public enjoyment, understanding and compassion for the region's natural and cultural heritage. 6. To provide for aesthetic and spiritual enrichment. The functions listed above, inasmuch as they require the adoption of an environmental ethic, emphasize the long-term human benefits that will accrue from establishing and maintaining the subject lands. Nonetheless, short-term benefits that are compatible with sound conservation practices should be encouraged; that is, the lands protected under the Open Space provisions of the county Comprehensive Plan should be available for public enjoyment and recreational use. These may include hiking, birdwatching, limited fishing and hunting, so long as permanent harm to the habitat or endangered species is avoided. III. Guidelines and Criteria for Identifying and Selecting EVAs A guideline indicates how policy should be carried out; a criterion is a standard upon which a judgement may be based. This section provides guidelines for the identification of areas in need of special designation for natural resource conservation and the criteria for the selection of individual sites. Identification of EVAs should be scientifically valid, objective and systematic, while selection must also take into account social-economic, practical, and other factors. A recommended procedure is to: 1. Identify areas that seem to fit the EVA criteria 2. Determine the status of such areas (already designated as parkland, etc.) 3. Apply criteria to determine priorities of areas for designated conservation action. Two separate processed should be distinguished. First, "identification" involved a scientific procedure that will result in a credible list of candidate EVAs for special consideration. Second, a "selection" process is involved in which socio-economic, pragmatic and other factors result in a list, drawn from the first, for implementation. The following table distinguishes these processes. Identification Selection Ecological importance Biogeographic importance Naturalness Uniqueness Representativeness Scientific interests Social/traditional/historic interests Economic value Practicality Identification of EVAs This section attempts to provide a logical framework for identifying areas that are important to the conservation of the county's natural ecosystems. The method calls for fairly detailed information that may not always be available or easy to collect. In this case, planners will often have to adopt simplified approaches to data collection sometimes using surrogates. However, the main features of the method suggested here should be strictly followed to ensure that all major considerations relevant to identifying EVAs be taken into account. For Albemarle and many other Virginia counties, a recent land cover - vegetation mapping effort based on classifying aerial photographs has resulted in a comprehensive Geographic Information System. ~ This is an important first step in adding additional "data layers" to describe other landscape features such as soil types, roads, boundaries of rivers and streams, and major political boundaries (municipal, park, etc.). Upon this matrix then one can build distribution/abundance or presence/absence data layers for particular biological features of interest such as wetlands and wildlife concentration areas. Identification of sites that are biologically important: Surveys or intensive inventories, or gleaning information from sources of already-available sources, need to be completed during the initial phase of any comprehensive resource planning effort. First, decisions must be made by the organization charged with the task (e.g. in Albemarle Co., the Biological Diversity Committee in consultation with others) concerning the objectives of the survey effort. For example, is the survey to include all taxa of plants and animals? Only woody plants and vertebrate animals? What surrogates might be substituted (plant structural diversity for overall plant diversity)? Some guidelines to follow during the initial data layering include: Identifying large (> 100 acre) and relatively undisturbed areas that also incorporate diversity of plant and animal species, diversity of contiguous habitats (i.e., bogs, deciduous forest, stands of conifers such as hemlock, stream sources and watersheds, virgin stands of timber). 2. Identification of habitat corridors that allow movements of wildlife between large tracts of relatively undisturbed habitat tracts. Identification of unique, threatened or declining special habitats or species. Examples include: old growth forests, forested wetlands, bog communities, heron colony sites, black bear den site, salamander breeding pond, etc. Compilation of a list, and mapping, of habitat types (e.g., wetlands, forest types, serpentine barrens) known to be unusual in the Central Virginia region, or statewide, where saving such habitats in Albemarle County could have special significance. 5. Ensuring that all natural potential habitats, and soil types, in the county are represented in the habitat list. 6. Ensuring that areas of converted lands with high potential (and low cost) for restoration to original ecological process and functions be listed. Identification of important ecological processes: Generally, two approaches can be used to identify and evaluate potential EVAs: (1) biological attributes (e.g., species composition, habitat type, as indicated above) and, (2) processes. Naturally, all biological communities ideally require ecological support systems that provide uncontaminated food, air, and water and, for wildlife, provide areas for shelter and reproduction. 6 Assessing the degree to which processes such as nutrient cycling, detoxification of pollutants, wetland filtering of sediments, and decomposition are operating is desirable, but is difficult and expensive. Instead, we have to rely on surrogates such as habitats, with some assessment of their relative "naturalness" or degree of disturbance. Criteria for Selection These criteria should be applied objectively to the total list of existing and candidate areas identified through the above process in order to establish priorities for the next step: establishment. It is better that the criteria not be applied one at a time, but together through a rating system. However, because these criteria are non-exclusive (and some are mutually exclusive) it is unlikely that all will apply to any one area; indeed, in some cases, one single criterion may override all others. Groups of criteria are to be considered separately as "filters." Scientific/Ecoloeical Criteria: These include the two subsets of basic ecological criteria and those for research, education, and training. A. Basic Ecological: 1. Dependency: the degree to which a species depends on the area, or the degree to which an ecosystem depends upon the ecological processes occurring in the area. 2. Naturalness: the degree to which an area is undisturbed by human activities. Representativeness: the degree to which an area is representative of a habitat type, biological community, or physiographic feature. It may also reflect the degree to which ecological functions are being fulfilled. 4. Uniqueness: the degree to which an area is "one-of-a-kind", habitats of endangered species which occur in only one area are an example. Diversity: the degree of ecosystem, community and species richness. Though areas having the greatest variety should normally receive priority, this criterion may not apply to simplified ecosystems, such as some very early- or late-successional communities, or areas subject to disruptive forces, such as mountaintop forests subject to repeated ice storms. Autonomy: the degree to which an area functions as an effective, self-sustaining ecological entity. The more ecologically-self-contained the area is, the more likely it is that its values can be effectively protected. Productivity: the degree to which production processes within the area contribute to human welfare or to species survival. Exceptions are eutrophic areas where high productivity may have a deleterious effect. B. Research, Training, and Education: 1. Accessibility: the degree to which an area is accessible to those wishing to use it for research, education or training. Benchmark: the degree to which an area may serve as a "control" in the scientific sense, i.e., as a non-manipulative area against which to measure changes occurring elsewhere. Such benchmark areas are essential to the conduct of any ecological monitoring program. Demonstration: the degree to which an area can serve to exempli~ innovative development, management or research methods. Some unique opportunities may emerge for developers, the County and environmental groups to form a partnership to demonstrate the most ecologically acceptable ways to develop a housing development, research park, or golf course. 4 Scientific Interest: the degree to which an area represents ecological characteristics susceptible to research and study. Social and Economic Criteria: these consider immediate benefits to human welfare, measured in economic, cultural and social terms. It is understood that ecosystem elements and processes benefit human Welfare, in that the services which they provide would be catastrophically expensive to replace. We separate the economic and social criteria and the traditional-aesthetic- cultural criteria below. A. Economic and Social: 1. Economic Benefit: the degree to which protection will directly benefit the local economy. Although initially the establishment of a protected area could have a short-lived disruptive economic effect, positive effects usually accrue in the long-term 2. Social Acceptibility: the degree to which support of local people is assured. Should an area already be protected by current landowners, this should be encouraged. 3. Public Health: the degree to which the protection of an area may serve to diminish pollution or disease agents that contribute to public health problems. For example, protective status for contaminated areas such as those with considerable accumulated trash may result in public clean- up efforts and reduced new accumulation of trash. 4. Recreation: the degree to which an'area provides the local community with the opportunity to use, enjoy and learn about their local natural environment. 5. Tourism: the degree to which an area lends itself to forms of tourism that are compatible with the aims of conservation. 8 B. Traditional/Aesthetic/Cultural: 1. Aesthetic: the degree to which a natural area also contains features of outstanding natural beauty; the character of such areas depend upon the maintenance of the integrity of the natural environment. Such areas are havens for artists, musicians, and those seeking spiritual experience. 2. Cultural: the degree to which a natural area also contains important cultural, or historic features; their protection may help maintain the integrity of the adjacent ecosystem. Practical Criteria: These consider whether protection can be accomplished or whether action is necessary. Urgency: the degree to which immediate action must be taken, lest values within an area be transformed or lost. (lack of urgency should not necessarily be taken as low priority, however, as it is often best and least costly to protect well in advance of threat). 2. Opportunism: the degree to which existing conditions or actions already underway may justify further action, for example, an extension of an established protected area. 3. Ease of Protection: the degree to which an area can be properly safeguarded without legal, political or administrative difficulties. 4. Defensibility: the degree to which an area can be protected by regulation or contractual agreement. 5. Accessibility: the degree to which an area is accessible to those entrusted with its management. 6. Restorability: the degree to which an area may be returned to a leSs-altered condition. IV. Summary This document has provided a "road map" that Albemarle County, neighboring regions of Virginia, and other regional planners might consider in large-scale, long term comprehensive planning for sustaining natural resources. It is meant to include not only government planning bodies, but also citizen's groups, and other nonprofit organizations as well. Unlike many earlier efforts, it does not focus on setting aside all such areas into preserves, but outlines a series of land types ranging from farmsteads to pristine mountain streams that could embrace varying amounts of human activities. It attempts to establish some guidelines for carefully establishing: (1) the overall objectives of the EVA program in the context of County comprehensive planning, (2) scientific criteria for identifying significant EVAs in the County based on widely recognized features such as diversity potential, naturalness, ecological processes, etc., and (3) using selection criteria for the above listed areas that include socio-economic and pragmatic factors. The list is then used for the next phases of the planning process, establishing the EVAs and then managing 9 them. Lists are seldom "final," since conditions are constantly changing, and some high-priority EVAs may have to be dropped and others substituted. Thus the process is a dynamic one. The advantages to using this approach are that the County (and beyond) will have a much better probability of having its native biological communities and habitats maintained. The effort will not only help protect existing habitats and communities, but will guide the restoration of areas that can be converted from, for example, marginal farmland into old-field habitat, one of the rarest in the eastern U.S. Further, the attention to larger tracts and connecting corridors will have many benefits to wildlife that depend upon movement among habitats to persist. The primary goal should be one of ecosystem integrity, instead of the patchwork quilts of socio-political convenience that often result. Taking a broader watershed management-scale approach should better insure ecological sustainability in the County and region. Finally, by following this approach, not only will the county maintain a high environmental quality, but the condition of the air and water will provide direct health benefits to all the county residents as well. V. Recommended Readings This document is the second produced by Citizens for Albemarle focusing on protection of the County's biodiversity. The first, published in 1996, provided a background for the importance of biological diversity and developed a guide to citizens in protecting biological resources at the individual landowner level. Olivier, T., C. Blair, J. Hermsmeier, D.M Mellon, C.G. Ray, and J. McCormick-Ray. 1996. Protecting our biological heritage. Special Publication: Citizens for Albemarle, Charlottesville VA. Other general readings on the significance ofbiodiversity at local, national, and international levels are numerous, as are more practical readings on designing protected areas. A sample is listed below: Dasmann, R.F. 1968 A different kinds of country. McMillan Co., New York, NY. Hanks, J. 1997. Protected areas during and after conflict: the objectives and activities of the Peace Parks Foundation. Parks 7:11-24. Higgs, A. 1981. Island biogeography and nature reserve design. J. Biogeography 8:117-124. Noss, R.F., M,A. O'Connell, and D. Murphy. 1997.The science of conservation planning: Habitat conservation under the Endangered Species Act. Island Press, Washington, D.C. Wilson, E.O. and F.M. Peter (editors). 1988. Biodiversity. National Academy Press, Washington, D.C. 10 Piedmont Environmental Council Acquisition of COnservation Easements Statement to Board of Supervisors June 14, 2000 When we appeared before you in January, we asked you to strengthen the criteria to 'insure that ACE helps easement prospects that cannot benefit from the income and estate tax deductions. The proposal submitted to you by Nancy McLaughlin accomplishes this objective better than the original financial criteria, and we support its inclusion in this ordinance. We are concerned about delaying the first round of purchases until the spring of 2001, and ask that you do whatever you can to keep the implementation of this program a priority in the months to come. While there still may be a few details to work out, we think ACE is essential to good conservation planning in Albemarle County. We thank you for your leadership in getting this proposal underway. We know it's going to make a difference to landowners in Albemarle who love their land and want it protected but just cannot benefit from the tax incentives available to easement donors. We urge you to move forward, adopt the ordinance as soon as possible and begin putting in place the staff and procedures necessary to carry out the program. P.O. Box 460 · Warrenton. Virginia * 20188 · 540-347-2334 · Fax 540-349-9003 I I I I Rose Hill Drive · Suite One · Charlottesville. Virginia · 22903 ° 804-977-2033 · Fax 804-977-6306 130 West Main Street · Suite 206 · P.O. Box 266 · Orange, Virginia 22960 · 540-672-0141 · Fax 540-672-6265 COMMENTS ON ACE PROPOSAL Public Hearing-Albemarle County Board of Supervisors June 14, 2000 Bruce Appleyard Southern Environmental Law Center Mr. Chairman, distinguished members of the Board, good evening. My name is Bruce Appleyard. I am an Albemarle County resident and the transportation and land use planner for the Southern Environmental Law Center. SELC strongly supports the Acquisition of Conservation Easements, or ACE ordinance before you this evening. As I am sure you know, our region is under tremendous pressure to develop, and we have already lost a substantial amount of open space. The ACE program Provides a ~klmuch needed and effective tool to protect the vulnerable agricultural and natural areas that make our community such an attractive place to live, work, and visit. And we urge you to adopt this ordinance. We do, however, have one concern about the current proposal. By limiting the acceptance of applications to only once a year, on July 1st, we are concerned that an opportunity may be missed to protect threatened properties from development, when timing is crucial. In addition, this year's deadline would only be just a few short weeks away, and we are concerned that the program will no5 be in place in time, nor would there be enough time for prospective property owners to consider submitting an application for protection. It would be unfortunate to have to wait another year for this program ~o take effect as a practical matter. Therefore, we recommend having, at the very least, a biannual review process. We urge you to correc5 this problem, and then to pass this ordinance. I thank you for the opportunity to Present these remarks. Ella ,Carny From: Sent: To: Subject: Cristamor@aol.com Wednesday, June 14, 2000 4:31 PM chairman@albemarle.org June 14, 2000 Dear Sir: Thank you for all the hard work and openminded vision you and the Board have shown in developing the ACE program. I am writing you because I will not be able to be at the meeting tonight although I have been present at many of the others. I want to give you my strong support for the inclusion of biodiversity within the structure of the ACE program. Future generations will bless you. I moved to Albemarle county from south Florida so I have seen firsthand what lack of vision does to the environment and quality of life. Please stay strong, you are RIGHT! Rebecca Faris 3378 Cotswold Lane Keswick, VA 22947 From: Subject: Date: Members, Board of Superv,s~?r~ \ Ella Washington Carey, CM~I~ Reading List for June 14, 20~ June 8, 2000 February 9, 2000 March I, 2000 March 20, 2000 (A) April 5, 2000 Ap~ ~0, 2OOO (A) Ap~l 12, 2000 April 19, 2000 Mr, Dorrier Pages I ~ 17 (end Item I0) - Mr. Dorrier Pages 17 (Item I0) - end - Ms. Humphris Ms. Thomas Pages 1-30 (end Item 12) - Mr. Perkins Ms. Thomas Mr. Dorrier Ms. Humphris /ewc