HomeMy WebLinkAbout2005-03-16N
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BOARD OF SUPERVISORS
FINAL
MARCH 18, 2005
8:00 P.M., MEETING ROOM 241
COUNTY OFFICE BUILDING
1 . Call to Order.
2. Pledge of Allegiance.
3. Moment of Silence.
4. From the Public: Matters Not Listed on the Agenda.
5. Consent Agenda (on next page).
6. SP-2004-0060. Second Bank & Trust-Southside. Public hearing on a request to allow drive-in
window to serve bank in accord w/Sec 25.2.2.4 of the Zoning Ord, which allows for drive-in
windows serving or associated w/permitted uses. (Site plan SDP-2004-103 is currently under
review for this proposed development.) Property contains approx 1.34 acs. Znd PDSC & EC. Loc
on S side of Rt 1150 (Mill Creek Dr) approx 240 ft E of intersec wlRt 742 (Avon St Extd) adj to the
Mill Creek Exxon. Scottsville Dist.
7. ZMA-2004-016. Glenwood Station (Sian #60), Public hearing on a request to rezone 9.31 acs
from PRD w/SUP for Office Use zoning district, to Neighborhood Model District (NMD) to allow
combination of residential & commercial uses. Development includes 50 residential condominium
units, 28 townhouses & 78,000 sq ft commercial/office space, which consists of 3 bldgs. TM 61, P
129F. Loc on S side of E Rio Rd, directly across from Rio E Court & between Fashion Sq Mall &
Squire Hill Apartments, Rt 631, approx 1,600 ft from intersec of Rt 29 & Rio Rd E. (The Comp Plan
designates this property as Urban Density, recommended for 6.01-34 du/ac in Neighborhood 2.)
Rio Dist.
8. SP-2004-061. Glenwood Station (Sian #69). Public hearing on a request to allow dvlpment of
drive-thru window as part of financial institution to include total of 3 lanes, with one being dedicated
to an A TM in accord w/Sec 20A.6b.1 of the Zoning Ord which allows for drive-through windows
serving or associated w/permitted uses in NMD. TM 61, P 129F. Loc on S side of E Rio Rd, directly
across from Rio E Court & between Fashion Square Mall & Squire Hill Apartments, Rt 631 , approx
1,600 ft from intersec of Rt 29 & Rio Rd E. Rio Dist.
9. ZTA 2004-0010. Civil Penalties. Public hearing on an ordinance to amend Sec 37.2, Civil
penalty, of Chap 18, Zoning, o,f the Albemarle County Code, to increase the civil penalty for each
violation subsequent to the first violation arising under the same operative set of facts from one
hundred fifty dollars ($150) to two hundred fifty dollars ($250), & to increase the total civil penalties
resulting from a series of such violations from three thousand dollars ($3,000) to five thousand
dollars ($5,000).
10. ZTA 2004-005 - Sians. Public hearing on an ordinance to amend Sec 4.15.2, Definitions, Sec
4.15.6, Signs exempt from the sign permit requirement, Sec 4.15.7, Prohibited signs & sign
characteristics, Sec 4.15.16, Regulations applicable to certain sign types, & Sec 4.15.22, Sign
maintenance, of Chapter 18, Zoning, of the Albemarle County Code. This ordinance would amend
Sec 4.15.2 by amending the definitions of "advertising vehicle," "banner," "farm sign," "flag,"
"pennant," "portable sign," "temporary sign," & "window sign," & would add definitions for "rare gas
illumination" & "agricultural product signs"; amend Sec 4.15.6 by exempting certain window signs,
flags, advertising vehicles & agricultural product signs from the sign permit requirement; amend
Sec 4.15.7 by deleting the total prohibition of neon signs, & by prohibiting certain types of signs
using rare gas illumination, certain window signs, animated & moving signs using rare gas
illumination, & certain advertising vehicles, & by exempting authorized flags from the class of
prohibited moving signs; amend Sec 4.15.8 by imposing a brightness standard of 30 milliamps on
signs using exposed rare gas illumination throughout the county, & on all signs using rare gas
illumination covered by transparent material within the Entrance Corridor Overlay District; amend
Sec 4.15.22 to establish maintenance standards for lighting fixtures & the sources of illumination on
illuminated signs; & other nonsubstantive changes in those sections.
11. From the Board: Matters Not Listed on the Agenda.
12. Adjourn to March 21,2005, 1 :00 p.m., Room 235.
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CONSENT AGENDA
FOR APPROVAL:
5.1 Set public hearing on 2005-09 Housing Choice Voucher Five-Year Plan and FY 2005-06 Annual
Plan.
5.2 Acquisition of Conservation Easements (ACE) appraisals for the Year 2003-04 applicant pool.
FOR INFORMATION:
5.3 Citizens Advisory Committee 2004 Annual Report of the Charlottesville-Albemarle Public Defender
Office.
5.4 Copy of draft Planning Commission minutes for January 4 and January 11, 2005.
BOARD OF SUPERVISORS
TENTATIVE
MARCH 16, 2005
6:00 P.M., MEETING ROOM 241
COUNTY OFFICE BUILDING
1 . Call to Order.
2. Pledge of Allegiance.
3, Moment of Silence,
4, From the Public: Matters Not Listed on the Agenda,
5. Consent Agenda (on next page),
6. SP-2004-0060. Second Bank & Trust-Southside. Public hearing on a request to allow drive-in
window to serve bank in accord w/Sec 25.2,2.4 of the Zoning Ord, which allows for drive-in
windows serving or associated w/permitted uses. (Site plan SDP-2004-103 is currently under
review for this proposed development.) Property contains approx 1.34 acs, Znd PDSC & EC. Loc
on S side of Rt 1150 (Mill Creek Dr) approx 240 ft E of intersec w/Rt 742 (Avon St Extd) adj to the
Mill Creek Exxon, Scottsville Dist.
7. ZMA-2004-016. Glenwood Station (Sian #60). Public hearing on a request to rezone 9,31 acs
from PRO w/SUP for Office Use zoning district, to Neighborhood Model District (NMD) to allow
combination of residential & commercial uses. Development includes 50 residential condominium
units, 28 townhouses & 78,000 sq ft commercial/office space, which consists of 3 bldgs. TM 61, P
129F. Loc on S side of E Rio Rd, directly across from Rio E Court & between Fashion Sq Mall &
Squire Hill Apartments, Rt 631, approx 1,600 ft from intersec of Rt 29 & Rio Rd E. (The Comp
Plan designates this property as Urban Density, recommended for 6.01-34 du/ac in Neighborhood
2.) Rio Dist.
8. SP-2004-061. Glenwood Station (Sian #69). Public hearing on a request to allow dvlpment of
drive-thru window as part of financial institution to include total of 3 lanes, with one being
dedicated to an A TM in accord w/Sec 20A.6b.1 of the Zoning Ord which allows for drive-through
windows serving or associated w/permitted uses in NMD. TM 61, P 129F. Loc on S side of E Rio
Rd, directly across from Rio E Court & between Fashion Square Mall & Squire Hill Apartments, Rt
631, approx 1,600 ft from intersec of Rt 29 & Rio Rd E. Rio Dist.
9. ZTA 2004-0010. Civil Denalties. Public hearing on an ordinance to amend See 37.2, Civil
penalty, of Chap 18, Zoning, of the Albemarle County Code, to increase the civil penalty for each
violation subsequent to the first violation arising under the same operative set of facts from one
hundred fifty dollars ($150) to two hundred fifty dollars ($250), & to increase the total civil penalties
resulting from a series of such violations from three thousand dollars ($3,000) to five thousand
dollars ($5,000).
10. ZT A 2004-005 - Sians. Public hearing on an ordinance to amend Sec 4.15.2, Definitions, Sec
4.15,6, Signs exempt from the sign permit requirement, See 4.15,7, Prohibited signs & sign
characteristics, Sec 4.15.16, Regulations applicable to certain sign types, & See 4.15.22, Sign
maintenance, of Chapter 18, Zoning, of the Albemarle County Code, This ordinance would
amend Sec 4,15.2 by amending the definitions of "advertising vehicle," "banner," "farm sign,"
"flag," "pennant," "portable sign," "temporary sign," & "window sign," & would add definitions for
"rare gas illumination" & "agricultural product signs"; amend Sec 4,15.6 by exempting certain
window signs, flags, advertising vehicles & agricultural product signs from the sign permit
requirement; amend See 4.15,7 by deleting the total prohibition of neon signs, & by prohibiting
certain types of signs using rare gas illumination, certain window signs, animated & moving signs
using rare gas illumination, & certain advertising vehicles, & by exempting authorized flags from
the class of prohibited moving signs; amend See 4.15.8 by imposing a brightness standard of 30
milliamps on signs using exposed rare gas illumination throughout the county, & on all signs using
rare gas illumination covered by transparent material within the Entrance Corridor Overlay District;
amend Sec 4,15.22 to establish maintenance standards for lighting fixtures & the sources of
illumination on illuminated signs; & other nonsubstantive changes in those sections.
11. From the Board: Matters Not Listed on the Agenda,
12. Adjourn to March 21,2005, 1 :00 p.m., Room 235.
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CONSENT AGENDA
FOR APPROVAL:
5.1 Set public hearing on 2005-09 Housing Choice Voucher Five-Year Plan and FY 2005-06 Annual
Plan.
5.2 Acquisition of Conservation Easements (ACE) appraisals for the Year 2003-04 applicant pool.
FOR INFORMATION:
5.3 Citizens Advisory Committee 2004 Annual Report of the Charlottesville-Albemarle Public Defender
Office.
5.4 Copy of draft Planning Commission minutes for January 4 and January 11, 2005.
ACTIONS
Board of SUDervisors Meeting of March 16, 2005
March 17, 2005
AGENDA ITEM/ACTION ASSIGNMENT
1. Call to Order.
· Meeting was called to order at 6:00 p,m, by the
Chairman, Mr. Rooker, All BOS members were
present. Also present were Bob Tucker, Larry
Davis, and Debi Movers.
4. From the Public: Matters Not Listed on the
Agenda.
Lance Fieseth:
· Distributed a letter to Board members from
William E. West and spoke about late night
disturbances occurring at the Waffle House on
Route 29, Has spoken to police on multiple
occasions, Mr. Bowerman said he will speak
with Chief Miller and then meet with Mr. Fjeseth
and his neiQhbors,
5.1 Set public hearing on 2005-09 Housing Choice Clerk: Advertise and schedule on April 20,
Voucher Five-Year Plan and FY 2005-06 Annual 2005 agenda.
Plan.
· SET public hearinQ for April 20, 2005,
5,2 Acquisition of Conservation Easements (ACE) Ches Goodall: Proceed as directed,
appraisals for the Year 2003-04 applicant pool.
· APPROVED staff's recommendation to reject
appraisals for the Hill and Page properties and
authorized the reappraisal of all four properties
in that applicant pool.
6. SP-2004-060, Second Bank & Trust-Southside. Clerk: Set out conditions of approval.
· APPROVED SP-2004-060, by a vote of 6:0, (Attachment 1)
subject to the three conditions recommended
bv the PlanninQ Commission,
7, ZMA-2004-016, Glenwood Station (Sign #60),
· APPROVED ZMA-2004-016, by a vote of 5:0
(Mr. Bowerman abstained).
8. SP-2004-061. Glenwood Station (Sign #69). Clerk: Set out conditions of approval.
· APPROVED SP-2004-061, by a vote of 5:0 (Attachment 1)
subject to the two conditions recommended by
the Planning Commission.
(Mr. Bowerman abstained).
9, ZT A 2004-010. Civil Penalties. Clerk: Forward signed copy of Ordinance to
· ADOPTED the ordinance by a vote of 6:0, County Attorney's Office,
effective March 16, 2005. Copy to Louise Wyatt, Community
Development
(Attachment 2)
10, ZTA 2004-005 - Signs, Clerk: Forward signed copy of Ordinance to
· ADOPTED the ordinance by a vote of 6:0, County Attorney's Office.
effective March 16, 2005. Copy to Amelia McCulley, Community
Development
(Attachment 3)
11. From the Board: Matters Not Listed on the Agenda,
· None
12, Adjourn to March 21, 2005, 1 :00 p.m., Room 235.
· The meetinQ was adjourned at 7:15 p.m,
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Attachment 1 - Planning Actions
Attachment 2 - Ordinance No, 05-18(3)
Attachment 3 - Ordinance No. 05-18(4)
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ATTACHMENT 1
SP-2004-060. Second Bank & Trust-Southside. Public hearing on a request to allow drive-in
window to serve bank in accord w/Sec 25.2.2.4 of the Zoning Ord, which allows for drive-in windows
serving or associated w/permitted uses, (Site plan SDP-2004-103 is currently under review for this
proposed development.) Property contains approx 1.34 acs. Znd PDSC & EC, Loc on S side of Rt 1150
(Mill Creek Dr) approx 240 ft E of intersec w/Rt 742 (Avon St Extd) adj to the Mill Creek Exxon.
Scottsville Dist.
1. The site shall be constructed in general accordance with the preliminary site plan entitled
"Proposed Site Plan and Special Use Permit, Second Bank & Trust - Southside Branch", last
revised December 27,2004;
2. The furthest lane from the building shall be maintained free of any obstructions and limited to
bypassing traffic; and
3, Signage and pavement markings shall be provided at the entrance and exit points of the drive-
through lane, subject to Current Development Division engineering approval to ensure
appropriate and safe travel patterns.
SP-2004-061. Glenwood Station (Sian #69). Public hearing on a request to allow dvlpment of
drive-thru window as part of financial institution to include total of 3 lanes, with one being dedicated to an
A TM in accord w/Sec 20A.6b,1 of the Zoning Ord which allows for drive-through windows serving or
associated w/permitted uses in NMD, TM 61, P 129F. Loc on S side of E Rio Rd, directly across from Rio
E Court & between Fashion Square Mall & Squire Hill Apartments, Rt 631, approx 1,600 ft from intersec
of Rt 29 & Rio Rd E. Rio Dist.
1. The outside lane is dedicated to bypass traffic only; and
2. The drive-through window as part of a financial institution shall be limited to three (3) lanes
that follow through to the teller windows and the ATM machine.
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ATTACHMENT 2
ORDINANCE NO. 05-18(3)
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 IV, Violation and Penalty, is hereby amended and reordained as follows:
By Amending:
Sec. 37.2 Civil penalty
Chapter 18. Zoning
Article V. Violation and Penalty
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 penalty 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 two
hundred fifty dollars ($250.00) 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).
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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, which establishes supplementary regulations for
certain uses authorized in the several zoning districts. (Amended 2-13-02)
11. Any violation of sections 31.2,1, 31,2.2 or 31.2.3, which regulate use and
occupancy when building permits, certificates of occupancy, and zoning
compliance clearance are required, respectively, (Added 2-13-02)
12, Any violation of section 32, which regulates site plans and development pursuant
thereto. (Amended 2-13-02)
13, 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. (Amended 2-13-02)
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 two hundred fifty dollars
($250.00) 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, which regulates nonconformities, (Amended 2-13-02)
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 five
thousand dollars ($5,000.00).
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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.
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 finding of liability shall not be
deemed a criminal conviction for any purpose.
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 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; Ord. 02-18(3), 2-13-02; Ord. 05-18(3), 3-16-05)
State law reference - Va. Code § 15.2-2209.
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ATTACHMENT 3
ORDINANCE NO. 05-18(4)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, OF THE
CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article II, Basic Regulations, of the Code of the County of Albemarle are amended and
reordained as follows:
By Amending:
Sec. 4.15,2
Sec, 4.15.6
Sec, 4.15.7
Sec. 4.15.16
Sec. 4,15.22
Definitions
Signs exempt from the sign permit requirement
Prohibited signs and sign characteristics
Regulations applicable to certain sign types
Sign maintenance
Chapter 18. Zoning
Article 2. Basic Regulations
Sec. 4.15.2 Definitions
The following definitions shall apply in the interpretation and implementation of this section 4.15:
(1) Adverlising vehicle. The term "advertising vehicle" means a motor vehicle, trailer or semi trailer
(collectively, "vehicle") having a permanent or temporary sign affixed, painted on or placed upon it,
including a sign that alters the vehicle's manufacturer's profile; provided that a temporary sign affixed to
an employee's private vehicle during his or her working hours is not an advertising vehicle.
(1.1) Agricultural product sign, The term "agricultural product sign" means a sign or signs identifying the
produce, crops, animals or poultry raised or quartered on the property.
(7) Banner. The term "banner" means a temporary sign that is not a pennant, consisting of a piece of
fabric or other flexible material, suspended from a fixed structure, rope, wire, string or cable.
(20) Farm sign. The term "farm sign" means a sign that identifies the name of a property in agricultural or
forestal use.
(22) Flag. The term "flag" means a sign consisting of a piece of fabric or other flexible material attached to
a flag pole, except as otherwise authorized. A flag representing the official symbol of a national, state or
local government is not a sign for the purposes of section 4.15 (for federal law pertaining to flying the flag
of the United States of America, see 4 U.S.C. § 5 et seq.), A "commercial flag" is a flag that contains
commercial speech. A "noncommercial flag" is a flag that contains no commercial speech, such as
decorative, hospitality, and seasonal flags containing no advertising, words or logos related to a specific
business, product or service, and does not represent the official symbol of a national, state or local
government.
(37) Pennant. The term "pennant" means a series of two (2) or more sections of a piece of fabric or other
flexible material that is generally triangular and tapering, suspended from a fixed structure, rope, wire,
string or cable and designed to move in the wind and including, but not limited to, streamers and tinsel.
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(39) Portable sign. The term "portable sign" means a temporary sign that is not permanently affixed to the
ground or to a permanent structure, or a sign that can be moved to another location including, but not
limited to, a sign erected on a trailer, a sign with attached wheels, or a sign consisting of A-shaped or T-
shaped frames. See Figure I following this section.
(42.1) Rare gas illumination: The term "rare gas illumination" means a sign using a rare gas such as
neon, argon, helium, xenon or krypton in a glass tube for illumination,
(47) Sign, The term "sign" means any object, device or structure, or any part thereof including the sign
face and the sign structure, visible from beyond the boundaries of the lot on which it is located, which
exists primarily to advertise, identify, display, or direct or attract attention to a structure, object, person,
institution, organization, business, product, service, event, issue or location by any means, including
letters, figures, designs, devices, pictures, projected images, symbols, fixtures, colors, logos, emblems, or
insignias or any part or combination thereof.
(51) Temporary sign. The term "temporary sign" means a sign that is displayed for only a limited
period of time authorized in section 4.15.4(0), that describes or identifies participants in a seasonal, brief
or particular event or activity to be or being conducted upon a lot.
(55) Window sign. The term "window sign" means a permanent or temporary sign affixed to the interior
or exterior of a window or door, or within three (3) feet of the interior of the window or door; provided that
the display of goods available for purchase on the premises is not a window sign.
Sec. 4.15.6 Signs exempt from the sign permit requirement
The following signs are exempt from the sign permit requirement set forth in section 4.15.4 provided that
they comply with the regulations set forth below and all other applicable regulations of this section 4.15:
(1) Agricultural product sign, One or two agricultural product signs that do not exceed an aggregate of
thirty-two (32) square feet in sign area,
(2) Auction sign. An auction sign that does not exceed four (4) square feet in sign area, and which is
posted for a total of thirty (30) days or less in a calendar year. Such an auction sign shall be removed
within seven (7) days after date of the auction.
(3) Commemorative plaque. A commemorative plaque that does not to exceed four (4) square feet in
sign area,
(4) Construction sign. A construction sign that does not exceed thirty-two (32) square feet in sign area,
Such a construction sign shall be removed within seven (7) days after issuance of a certificate of
occupancy.
(5) Estate sign, An estate sign that does not exceed four (4) square feet in sign area,
(6) Farm sign. A farm sign that does not include commercial identification and does not exceed four (4)
square feet in sign area.
(7) Home occupation class 8 sign. A home occupation class B sign that does not exceed four (4) square
feet in sign area.
(8) Incidental sign. An incidental sign that does not exceed four (4) square feet in sign area,
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(9) Political sign. One or more political signs that do not exceed the maximum sign area allowed for the
physical type of the sign (e.g., freestanding, wall) within the applicable zoning district.
(10) Private drive sign. A private drive sign that does not exceed four (4) square feet in sign area,
limited to one such sign per entrance.
(11) Public sign, A public sign.
(12) Residence sign. A residence sign that does not exceed four (4) square feet in sign area.
(13) Residential sign. One or more residential signs that are not illuminated signs and do not exceed
thirty-two (32) square feet in cumulative sign area.
(14) Special decorative display. A special decorative display used for holidays or public events, and
which is displayed for a total of sixty (60) days or less in a calendar year. Such a display shall be
removed within seven (7) days of said event.
(15) Temporary directional sign. A temporary directional sign that is erected no closer than five (5) feet
from a front lot line and does not exceed four (4) square feet in sign area,
(16)Real estate sign. A real estate sign that does not exceed thirty-two (32) square feet in sign area.
Such a real estate sign shall be removed from the site within seven (7) days of sale, lease or rental.
(17)Warning sign. A warning sign that is erected by a private landowner and does not exceed four (4)
square feet in sign area.
(18)Window sign. A permanent window sign, provided that it does not exceed twenty-five percent (25%)
of the total area of the window or door on which it is located, and the aggregate area of all window
signs on each window or door does not exceed twenty five percent (25%) of the total area of the
window and door; and further provided that if a permanent window sign will be on a structure within
the entrance corridor overlay district and the window sign is visible from an entrance corridor overlay
street, that the aggregate area of all window signs shall not exceed nine (9) square feet per business
and that a certificate of appropriateness for the window sign is obtained as provided in section
4,15,15,
(19)Commercial flag. A commercial flag, subject to the following: (i) not more than one (1) flag may be
flown on a lot, provided that if the lot is four (4) acres or larger, then one (1) additional flag may be
flown; (ii) the flag shall not exceed twenty-four (24) square feet in size; and (iii) the flag shall be flown
on a flag pole and, if two (2) flags may be flown, they may either be on the same or on separate flag
poles.
(20) Noncommercial flag. A noncommercial flag, subject to the following: (i) the flag shall not exceed
twenty-four (24) square feet in size; (ii) on commercial, institutional and industrial lots, the flag shall
be displayed only on privately owned light posts and shall be installed in a manner so that it remains
taut and flapping and movement is minimized; (ii) on residential and agricultural lots, the flag shall be
displayed from a mount on a dwelling unit or other permitted primary or accessory structure, a flag
pole, a mast, or suspended from a fixed structure, rope, wire, string or cable,
(21) Advertising vehicle. An advertising vehicle in which none of the prohibited conditions
delineated in section 4.15,7(c)(2)(ii) or (iii) exist that is: (i) used as transportation for the
business; and (ii) parked in an approved parking space or parking area that serves the
advertised business, or temporarily parked at another business to actively receive or provide
goods or services, such as to load or unload goods, provide on-site services, receive vehicle
maintenance and repair, or obtain food for the driver and passengers.
(12-10-80; 7-8-92, § 4.15.04; Ord. 01-18(3), 5-9-01; Ord 05-18(4), 3-16-05)
State law reference - Va. Code § 15,2-2280.
9
Sec. 4.15.7 Prohibited signs and sign characteristics
Notwithstanding any other provision of this section 4.15, the following signs and sign characteristics are
prohibited in all zoning districts:
a, Signs that violate state or federal law, Signs that violate state or federal law, including but not
limited to:
1. A sign that violates any law of the Commonwealth of Virginia related to outdoor
advertising, including but not limited to Virginia Code §§ 33.1-351 to 33,1-381, inclusive,
and 46.1-174.
2. A sign that violates any law of the United States related to the control of outdoor
advertising, including but not limited to 23 U.S.C. § 131,
3, A sign that violates any state or federal law related to Virginia byways or scenic
highways.
4. A sign that violates the building code or the fire code,
b. Signs with characteristics that create a safety hazard or are contrary to the general welfare.
Signs whose construction, design, location or other physical characteristic create a safety
hazard or are contrary to the general welfare, as follows:
1, Sign that is attached to another thing, A sign, other than a public sign or a warning sign,
that is nailed, tacked, painted or in any other manner attached to any tree, cliff, fence,
utility pole or support, utility tower, rack, curbstone, sidewalk, lamp post, hydrant, bridge
or public property of any description.
2. Sign that casts illumination off-site. A sign that casts illumination, directly or indirectly, on
any street, or on any adjacent property within a residential district.
3. Floating sign. A sign that is a moored balloon or other type of tethered floating sign.
4. Lighting that illuminates outline. Lighting that outlines any structure, window, sign
structure, sign or part thereof using rare gas illumination or other light.
5. Sign that imitates a traffic sign or signal or a road name sign. A sign that imitates an
official traffic sign or signal or a road name sign, or conflicts with traffic safety needs due
to its location, color, movement, shape or illumination.
6. Sign using rare gas illumination. A sign that uses exposed, bare or uncovered rare gas
illumination having a brightness that exceeds thirty (30) milliamps; provided that a sign
within the entrance corridor overlay district that is visible from an entrance corridor
overlay street that uses exposed, bare or uncovered rare gas illumination in clear, rather
than frosted, tubing, regardless of brightness, is also prohibited,
7. Sign that obstructs vision. A sign that obstructs free or clear vision, or otherwise causes a
safety hazard for vehicular, bicycle, or pedestrian traffic due to its location, shape,
illumination or color; and window signs whose aggregate area on a window or door
exceed twenty five percent (25%) of the total area of the window or door.
8. Pennants, ribbons, spinners streamers. Pennants, ribbons, spinners, streamers or
similar moving devices, whether or not they are part of a sign.
9, Sign erected in public right-of-way. A sign, other than a public sign, erected on or over a
public right-of-way unless the sign is authorized under section 4.15.5.
10
10. Sign that contains or consists of searchlight, beacon or strobe light. A sign, other than a
public sign, that contains or consists of a searchlight, beacon, strobe light, or similar form
of illumination.
11, Sign that produces sound, A sign that produces sound for the purpose of attracting
attention regardless of whether the sign has a written message content.
12. Sign that contains or consists of strings of light bulbs, A sign that contains or consists of
one (1) or more strings of light bulbs that is not part of a decorative display,
13. Sign with unsafe illumination. A sign that is illuminated so as to be unsafe to vehicular or
pedestrian traffic.
14. Sign erected in unsafe location, A sign that is erected in a location so as to be unsafe to
vehicular or pedestrian traffic,
15. Sign determined by official to create safety hazard, A sign whose characteristics,
including but not limited to its construction, design or location, are determined by a fire
official, the building official, or a law enforcement officer to create a safety hazard,
16. Window sign above the first floor, exception. A commercial window sign affixed to a
window or door above the first floor of the structure unless the business to which the sign
pertains does not occupy any first floor space,
c, Certain sign types. Signs that are:
1. Animated signs, including signs using rare gas illumination, that give the appearance of
animation.
2. Advertising vehicles, where the: (i) the vehicle is parked so as to be visible from a public
right-of-way in a parking space or parking area not authorized by section 4,15.6(20); (ii)
the vehicle is inoperable; or (iii) the vehicle is incapable of moving on its own or is not
self-propelled.
3. Banners, except as an authorized temporary sign under section 4.15.4(d).
4, Billboards,
5. Flashing signs.
6. Moving signs, including signs using rare gas illumination, that give the appearance of
movement, but not including flags that meet the requirements of sections 4.15.6(18) or
4,15,6(19).
7. Roof signs.
(12-10-80; 7-8-92, § 4.15,06; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05)
State law reference - Va. Code § 15.2-2280,
Sec. 4.15.16 Regulations applicable to certain sign types
In addition to all other regulations set forth in this section 4.15, the following regulations apply to
the sign types identified herein:
a, All sign types, The following regulations shall apply to all signs, including exempt signs: (i) no
sign shall be erected within the applicable minimum setback area or within the sight distance
11
-
(9) Political sign. One or more political signs that do not exceed the maximum sign area allowed for the
physical type of the sign (e.g., freestanding, wall) within the applicable zoning district.
(10) Private drive sign, A private drive sign that does not exceed four (4) square feet in sign area,
limited to one such sign per entrance.
(11) Public sign. A public sign.
(12) Residence sign, A residence sign that does not exceed four (4) square feet in sign area.
(13) Residential sign. One or more residential signs that are not illuminated signs and do not exceed
thirty-two (32) square feet in cumulative sign area.
(14) Special decorative display. A special decorative display used for holidays or public events, and
which is displayed for a total of sixty (60) days or less in a calendar year. Such a display shall be
removed within seven (7) days of said event.
(15) Temporary directional sign, A temporary directional sign that is erected no closer than five (5) feet
from a front lot line and does not exceed four (4) square feet in sign area.
(16)Real estate sign, A real estate sign that does not exceed thirty-two (32) square feet in sign area.
Such a real estate sign shall be removed from the site within seven (7) days of sale, lease or rental.
(17)Warning sign. A warning sign that is erected by a private landowner and does not exceed four (4)
square feet in sign area,
(18)Window sign, A permanent window sign, provided that it does not exceed twenty-five percent (25%)
of the total area of the window or door on which it is located, and the aggregate area of all window
signs on each window or door does not exceed twenty five percent (25%) of the total area of the
window and door; and further provided that if a permanent window sign will be on a structure within
the entrance corridor overlay district and the window sign is visible from an entrance corridor overlay
street, that the aggregate area of all window signs shall not exceed nine (9) square feet per business
and that a certificate of appropriateness for the window sign is obtained as provided in section
4.15,15,
(19)Commercial flag. A commercial flag, subject to the following: (i) not more than one (1) flag may be
flown on a lot, provided that if the lot is four (4) acres or larger, then one (1) additional flag may be
flown; (ii) the flag shall not exceed twenty-four (24) square feet in size; and (iii) the flag shall be flown
on a flag pole and, if two (2) flags may be flown, they may either be on the same or on separate flag
poles.
(20) Noncommercial flag. A noncommercial flag, subject to the following: (i) the flag shall not exceed
twenty-four (24) square feet in size; (ii) on commercial, institutional and industrial lots, the flag shall
be displayed only on privately owned light posts and shall be installed in a manner so that it remains
taut and flapping and movement is minimized; (ii) on residential and agricultural lots, the flag shall be
displayed from a mount on a dwelling unit or other permitted primary or accessory structure, a flag
pole, a mast, or suspended from a fixed structure, rope, wire, string or cable,
(21) Advertising vehicle. An advertising vehicle in which none of the prohibited conditions
delineated in section 4.15.7(c)(2)(ii) or (iii) exist that is: (i) used as transportation for the
business; and (ii) parked in an approved parking space or parking area that serves the
advertised business, or temporarily parked at another business to actively receive or provide
goods or services, such as to load or unload goods, provide on-site services, receive vehicle
maintenance and repair, or obtain food for the driver and passengers.
(12-10-80; 7-8-92, § 4.15.04; Ord. 01-18(3), 5-9-01; Ord 05-18(4), 3-16-05)
State law reference - Va, Code § 15,2-2280,
9
Sec. 4.15.7 Prohibited signs and sign characteristics
Notwithstanding any other provision of this section 4.15, the following signs and sign characteristics are
prohibited in all zoning districts:
a. Signs that violate state or federal law, Signs that violate state or federal law, including but not
limited to:
1. A sign that violates any law of the Commonwealth of Virginia related to outdoor
advertising, including but not limited to Virginia Code §§ 33,1-351 to 33.1-381, inclusive,
and 46.1-174.
2. A sign that violates any law of the United States related to the control of outdoor
advertising, including but not limited to 23 U.S.C. § 131.
3. A sign that violates any state or federal law related to Virginia byways or scenic
highways.
4. A sign that violates the building code or the fire code.
b, Signs with characteristics that create a safety hazard or are contrary to the general welfare.
Signs whose construction, design, location or other physical characteristic create a safety
hazard or are contrary to the general welfare, as follows:
1. Sign that is attached to another thing. A sign, other than a public sign or a warning sign,
that is nailed, tacked, painted or in any other manner attached to any tree, cliff, fence,
utility pole or support, utility tower, rack, curbstone, sidewalk, lamp post, hydrant, bridge
or public property of any description,
2. Sign that casts illumination off-site. A sign that casts illumination, directly or indirectly, on
any street, or on any adjacent property within a residential district.
3. Floating sign. A sign that is a moored balloon or other type of tethered floating sign.
4. Lighting that illuminates outline, Lighting that outlines any structure, window, sign
structure, sign or part thereof using rare gas illumination or other light.
5. Sign that imitates a traffic sign or signal or a road name sign. A sign that imitates an
official traffic sign or signal or a road name sign, or conflicts with traffic safety needs due
to its location, color, movement, shape or illumination.
6. Sign using rare gas illumination. A sign that uses exposed, bare or uncovered rare gas
illumination having a brightness that exceeds thirty (30) milliamps; provided that a sign
within the entrance corridor overlay district that is visible from an entrance corridor
overlay street that uses exposed, bare or uncovered rare gas illumination in clear, rather
than frosted, tubing, regardless of brightness, is also prohibited,
7, Sign that obstructs vision. A sign that obstructs free or clear vision, or otherwise causes a
safety hazard for vehicular, bicycle, or pedestrian traffic due to its location, shape,
illumination or color; and window signs whose aggregate area on a window or door
exceed twenty five percent (25%) of the total area of the window or door.
8. Pennants, ribbons, spinners streamers, Pennants, ribbons, spinners, streamers or
similar moving devices, whether or not they are part of a sign.
9, Sign erected in public right-of-way. A sign, other than a public sign, erected on or over a
public right-of-way unless the sign is authorized under section 4.15.5.
10
10. Sign that contains or consists of searchlight, beacon or strobe light. A sign, other than a
public sign, that contains or consists of a searchlight, beacon, strobe light, or similar form
of illumination.
11, Sign that produces sound. A sign that produces sound for the purpose of attracting
attention regardless of whether the sign has a written message content.
12. Sign that contains or consists of strings of light bulbs. A sign that contains or consists of
one (1) or more strings of light bulbs that is not part of a decorative display.
13. Sign with unsafe illumination. A sign that is illuminated so as to be unsafe to vehicular or
pedestrian traffic.
14, Sign erected in unsafe location, A sign that is erected in a location so as to be unsafe to
vehicular or pedestrian traffic,
15. Sign determined by official to create safety hazard. A sign whose characteristics,
including but not limited to its construction, design or location, are determined by a fire
official, the building official, or a law enforcement officer to create a safety hazard,
16, Window sign above the first floor, exception. A commercial window sign affixed to a
window or door above the first floor of the structure unless the business to which the sign
pertains does not occupy any first floor space.
c. Certain sign types. Signs that are:
1. Animated signs, including signs using rare gas illumination, that give the appearance of
animation,
2. Advertising vehicles, where the: (i) the vehicle is parked so as to be visible from a public
right-of-way in a parking space or parking area not authorized by section 4,15,6(20); (ii)
the vehicle is inoperable; or (iii) the vehicle is incapable of moving on its own or is not
self-propelled.
3. Banners, except as an authorized temporary sign under section 4,15.4(d).
4, Billboards.
5, Flashing signs.
6, Moving signs, including signs using rare gas illumination, that give the appearance of
movement, but not including flags that meet the requirements of sections 4.15.6(18) or
4,15.6(19),
7, Roof signs.
(12-10-80; 7-8-92, § 4.15,06; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05)
State law reference - Va, Code § 15.2-2280.
Sec. 4.15.16 Regulations applicable to certain sign types
In addition to all other regulations set forth in this section 4.15, the following regulations apply to
the sign types identified herein:
a. All sign types. The following regulations shall apply to all signs, including exempt signs: (i) no
sign shall be erected within the applicable minimum setback area or within the sight distance
11
triangle; and (ii) the area of the sign face shall not exceed two hundred (200) percent of the
sign area,
b. Anchor signs. In each shopping center exceeding one hundred thousand (100,000) square
feet in gross floor area: (i) one (1) freestanding anchor sign shall be permitted for each one
hundred thousand (100,000) square feet in gross floor area, not to exceed four (4) anchor
signs at the shopping center; and (ii) each anchor sign shall not exceed six (6) square feet in
sign area.
c. Canopy signs. A canopy sign shall not extend above or below the edge of the canopy's
fascia,
d. Freestanding signs. The following regulations shall apply to freestanding signs: (i) the
maximum combined size of a freestanding sign and its support structure shall not exceed two
and one-half (2.5) times the maximum allowable sign size; and (ii) a lot with less than one
hundred (100) feet of frontage, on which there is erected a freestanding sign on the date of
the adoption of this regulation, shall be permitted one (1) freestanding sign.
e. Gasoline service station fuel price signs. Gasoline service stations shall be permitted
additional sign area for the exclusive purpose of displaying fuel prices. This sign area shall
be calculated at a maximum of fifty (50) percent of the principal sign area to which it is
attached or sixteen (16) square feet, whichever is less.
f. Menu signs. An outdoor menu sign shall be permitted as a directory sign only on a lot with a
permitted drive-through use and shall not be visible from any street.
g. Off-site signs. An off-site sign shall count toward the signage allowed on the lot on which the
sign is located.
h. Projecting signs. A projecting sign shall not be mounted on the fascia of a canopy and shall
not be mounted such that the projecting sign extends, in whole or in part, above the top of the
wall structure.
i. Wall signs. In order to be eligible to have a wall sign, the establishment shall have an
exterior wall.
j. Signs using rare gas illumination, Signs using exposed rare gas illumination, and signs within
the entrance corridor overlay district visible from an entrance corridor overlay street that use
rare gas illumination covered by a transparent material, shall not have a brightness that
exceeds thirty (30) milliamps. Brightness shall be determined by the zoning administrator,
who shall consider information provided by the sign manufacturer, the rated size of the sign's
transformer, and any other relevant information deemed appropriate.
(12-10-80; 7-8-92, § 4.15.12; Ord. 01-18(3), 5-9-01; Ord, 05-18(4), 3-16-05)
State law reference - Va. Code § 15.2-2280.
Sec. 4.15.22 Sign maintenance
Each sign, including the sign structure, shall be maintained at all times in a safe structural condition, and
in a neat and clean condition, and shall be kept free from defective or missing parts. If the sign is
illuminated, all lighting fixtures and sources of illumination shall be maintained in proper working order.
12
PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON
MATTERS NOT LISTED ON THE AGENDA
FROM THE PUBLIC - MARCH 16, 2005
The foIlòWing guk:IeIines will be used:
15 MINUTES ARE ALlOTED FOR THIS' PORTION OF THE AGENDA
EACH SPEAKER IS ALLO f I ED 5 MINUfeS. HOWEVEIt'IFMORE'THJW3
SPEAKERS SIGN UP, INDIVIDUALS WIll DMDE THE'15MfNUTES
ACCORDINGLY
PLEASE GIVE AN'" WRITTEN STATEMENTS TO THE CLERK
1 1- ClI1 C-' e
2
3
4
5
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J7H?J ý'
To: The Board of Supervisors of Albemarle County
From: William E. West owner of the land Parcel 061 MO-OO-OI-Ol 700 in Berkeley
116 Commonwealth Circle
Charlottesville, Va. 22901
Subject: Late Night Disturbances - Waffle House area on Rt. 29
This letter is to document my support of my neighbors' complaints of late night (2-3 AM.) disturbances
occurring at the Waffle House, adjacent road and parking lot areas serving the Classic Furniture business.
The rear of my property is directly adjacent to the Waffle House site and the Premier Circle entrance road.
The cause of the disturbance is due to crowds of people that often rrequent the Waffle House on Saturday
and Wednesday nights between 2 and 3 AM. The gatherings are probably related to late night
entertainment events in the Rio area. The extended size of these gatherings is such that they greatly exceed
the capacity of Waffle House operations and overflow into the adjacent private parking lot and road
(Premier Circle). As many as thirty cars have been noted in this overflow.
The disturbance usually begins with loud music and continues in the form of very loud shouting etc. rrom
the uncommon numbers of people moving about the Waffle House parking lot and the adjacent parking
areas. The nature ofthis shouting is often very conforÌnational!
It is my contention that not only are these gatherings a noise nuisance, but that they constitute a PUBLIC
SAFETY issue.
Police response has been effective however, usually requires 911 calls to summon and a period of time is
required to gather a number of Officers with backup. This Police presence ends the disturbance escalation.
I believe that the timing is critical in the prevention of a violent event.
The Waffle House capacity is clearly overextended and can only be brought under control by effective
restriction of parking access on the adjacent road and parking lot on Premier Circle. Response ofthe
parking lot Management has been sympathetic but ineffective. Two signs have been placed well into the
lot but are small and not visible at the entrance. It appears that an effort has been made to mount poles at
the single entrance. To date no chain or restriction has been mounted.
I believe that prohibited parking on the road and complete denial of the use of the adjacent parking lot is
required to substantially reduce the numbers of people gathering at these specific times to numbers that can
be controlled by Waffle House operations. This will reduce noise and crowd size in these areas. At the
current rate of escalation, it is only a matter of time before a violent event occurs.
In conclusion, I suggest that not only is a proactive Police presence required during these specific times but,
that these overflow areas be designated a "Targeted Enforcement Area" noted accordingly by major visible
signage. Please consider all remedies available to the Board to address this Public Safety issue.
Thank you,
William E. West
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Noise Disturbances From Premier Circle
Waffle House and Classic Furniture Parking Areas
Documented from 2/8/04 through 3/13/05
Date Day
2/8/2004 Sunday
2/8/2004
2/10/2004 Tuesday
2
2/12/2004 Thursday
2/13/2004 Friday
3
2/15/2004 Sunday
4
2/19/2004 Thursday
2/20/2004 Friday
5
4/1/2004 Thursday
6
4/8/2004 Thursday
Time Start Description
2:10 AM Loud thumping music rattling the windows, Called 911,
Stopped at 2:21
2:21 AM Music stops
3:00 AM Loud Music
3:03 AM Music stops
3:53 AM Loud Music
3:59 AM Music stops
Spoke to Waffle House employee - gave me the 888
number to call corporate - no local owner???
Spoke to Alb. Co, Police Officer at the station - was given
a copy of the noise ordnance.
Spoke to John at North Lake Foods - he claims he will
address the issue
2:42 AM Thumping music form Waffle House, 2 vehicles leave at
2:47 - music stops,
2:47 AM Music stops
Called Madeline Carrier - Waffle House local manger -
cell phone =466-4843
5:17 AM Music from Waffle House
5:23 AM Music stops
3:13 AM Loud music from Waffle House,
3:29 AM
Called Waffle House at 3:29 AM and asked employee to
ask her "patrons" to turn off the music. She was very
rude, would not answer questions, no manager on duty,
Passed phone to "Cara" who said that "it was not their
responsibility to tell them to turn it down", I heard voices
in the background and she asked them to go out to their
car and turn down the music - they did.
3:30 AM Music stops
Spoke to Madeline Carrier about the incident on the 19th.
She asked me to call her the next time there is a problem
and she would go over to the Waffle House and handle it.
2: 15 AM Loud Music at the Waffle House..
3:00 AM Music stops
2:15 AM Loud Music at the Waffle House. Called Madeline's cell
phone and left a message. Called 911.
2:43 AM 5 vehicles left Waffle House - 4 vehicles leave Classic
Furniture lot. Music leaves with them - Honking, yelling,
tire screeching.
2:50 AM More loud music
2:51 AM Police arrive - lots of screaming and yelling, lots of foot
traffic on Premier Circle.
3:03 AM Quiet and Police leave.
~...
9:45 AM Called Madeline Carrier - left message, Called John
Short at North Lake Foods - left message.
9:55 AM Called Police to speak to an officer - they will dispatch
and officer to call me.
11 :15 AM Officer Reeves calls me and we go over the issues.
12:00 PM Go to Classic Furniture and discuss issues with the
owners of the store and ask them to close off their lot at
night.
7 4/15/2004 Thursday 1 :51 AM Loud music at Waffle House
1 :53 AM A group of cars pulls onto Premier Circle from 29. 2
Police cars are among 5 other cars. 3 cars pull into
Classic Furniture followed by the Police cars, and 2
speed past the lot and down Premier Circle.
1 :57 AM
The 3 cars leave the lot, Police park near the Waffle
House in the Classic Furniture lot. Music stops at the
Waffle House. Many people more cars turn onto Premier
Circle and turn into the Classic Furniture lot, see the
Police and leave lot. Some go to Waffle House and other
just leave the area. Of those that go to Waffle House,
only a few actually park and go inside.
2:13 AM 2 cars leave Waffle House lot with very loud music and
squeal tires and race South on 29.
2:16 AM Police make a traffic stop on car coming off of 29 onto
Premier Circle.
2:20 AM All quiet
8 5/13/2004 Thursday 2:00 AM
Loud Thumping music from Waffle House. Called 911.
Called Madeline's cell phone and left a message.
2:23 AM music stops
2:33 AM Police drive up Premier Circle
2:34 AM People parking in Classic Furniture lot and waling over to
Waffle House. Police arrive and they all leave - music
stops - lots of yelling
12:03 PM Called North Lake Foods - John Short - left message.
2:00 PM Called Robert Brue - he could not come to the phone so I
discussed the situation with the lady that answered the
phone.
4:51 PM Emailed Margaret Doherty - Dept. of Planning - to get
some help with the issues. She replied that she will
forward my email to Bart Svoboda - Mgr, Zoning
Inspections,
9 6/3/2004 Thursday 1 :49 AM Very Loud Music
1 :51 AM Called 911
1 :52 AM 16 cars pull into Classic Furniture lot. 3 cars already
there.
1 :56 AM Call 911 again
1 :57 AM Flashlights in the back yard in the woods. Dogs barking
and motion sensor lights turning on.
2:00 AM Lots of yelling. Cars start to pull out, music stops, tires
screeching.
2: 1 0 AM Finally all quiet and clear.
--
Meet with Lt. Ernie Allen in front of my house to discuss
the issues.
8:37 AM Call Mr. Brue and left message describing the problem
and to call me.
8:40 AM
Call Northlake Foods and left message for John Short.
8:43 AM Call Madeline and talked to her about issues, and she
has a meeting with her manage today. She will give Skip
Handy (sp?) my number.
10:20 AM Mr, Brue called to discuss the issue. He will sign what
ever he needs to in order to stop the trespassers and
allow the Police to clear the lot.
11: 13 AM Emailed Bart Svoboda and copied Margaret Doherty
explaining the situation. Bart called and we discussed
the situation. He will work with the Police to find a
solution.
10 6/10/2004 Thursday 1:51 AM Loud music
1 :54 AM Music stops and 9 cars pull onto Premier Circle and into
the Classic Furniture lot. 2 of these cars appear to be
Police cars. All cars leave very quickly. More cars pull
onto Premier Circle - they either speed past the entrance
to Classic Furniture or use the entrance to turn around
and leave the area.
1 :59 AM 8 people walk to Waffle House from behind Classic
Furniture.
2:05 AM 2 people walk back to Classic Furniture and leave.
11 12/9/2004 Thursday 1 :45 AM
Music and yelling coming from Waffle House and Classic
Furniture. Waffle House parking lot is full and 18 to 20
cars entering Classic Furniture lot followed by a Police
car - who turns around behind Classic Furniture and
goes into Waffle House lot. Cars leave and go South on
29 but there is still yelling and music. Cars are coming
North up Premier Circle and parking at the Hotel - may
be the same cars that just left the Waffle House, People
are walking to the Waffle house yelling and screaming.
Most cars leave. Police check the cars in the Classic
Furniture lot - and head for Waffle House,
2:05 AM Music and noise stops.
2:40 AM More loud music
2:47 AM Music stops
12 2/10/2005 Thursday 2:40 AM Loud music - 20 cars in Classic Furniture lot and Waffle
House lot appears full, 2 to 3 Police cars show up and
disperse the crowd,
2:53 AM All quiet
13 2/13/2005 Sunday 1 :54 AM Loud music from Waffle House,
37 vehicles turn onto Premier Circle from 29.
5 Police cars arrive
Yelling and loud voices
2:24 AM All quiet
14 2/17/2005 Thursday 2:05 AM Loud music, yelling, and horn honking,
15
2/20/2005 Saturday
16
2/24/2005 Thursday
17
3/6/2005 Sunday
18
3/13/2005 Sunday
28 cars pull onto Premier Circle from 29- some pulled
into Classic Furniture, but most pulled in behind Classic
Furniture, Lots of people walking down Premier Circle to
Waffle House. Lots of yelling.
2:14 AM Called 911
2:28 AM All quiet
1 :56 AM Loud music from Waffle House and Classic Furniture.
2:02 AM Police arrive with sirens and lights at Waffle House,
Many more Police vehicles arrive.
2:24 AM All quiet and 2 Police cars leave
2:26 AM 4 more Police vehicles leave in a group. As soon as they
turn South on 29, yelling and screaming begin again from
foot traffic on Premier Circle.
2:32 AM Call 911 again
2:34 AM 3 Police cars arrive and quiet the noise.
2:03 AM
Loud music from Waffle House. Waffle House lot is full
and I count more than 40 cars turning onto Premier
Circle. Lots of foot traffic and yelling. I call 977-9041-
Police direct number to talk to the Sgt. in charge of the
night shift. Sgt. Cox calls me from the scene to discuss
the issue. He says that they have all officers on duty at
the Waffle House every Wednesday and Saturday night.
2:54 AM All quiet
1 :40 AM I drove by Waffle House and there were 5 cars in the lot,
and only delivery vans in the Classic Furniture lot.
2:06 AM Drove North on Premier Circle and the Waffle House lot
was full with a security guard directing traffic, I stopped
counting the cars in the Classic Furniture lot when I
reached 30 cars.
2:08 AM Called 911 and asked to see an officer. I spoke to Sgt.
Tim Aylor in front of my house. We discussed the issue
and he was on his way to the scene.
2:26 AM Loud music from Waffle House, 8 cars pull in Classic
Furniture lot - 3 others leave. A tow truck pulls into
Waffle House parking lot and drives in front of the
restaurant. I immediately leaves the lot and drives South
on Premier Circle and leaves the area. 3 people come
out of the Waffle house and move their cars to the Waffle
House lot.
3:38 AM Music stops
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Housing Choice Voucher Program
AGENDA DATE:
March 16, 2005
ACTION:
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Request to set public hearing for 5-year Plan and
Annual Plan
CONSENT AGENDA:
ACTION: X
INFORMATION:
LEGAL REVIEW: Yes
REVIEWED BY:
~
(
STAFF CONTACT(S):
Tucker, Roxanne White, Davis, Ron White
ATTACHMENTS: No
BACKGROUND:
The U.S, Department of Housing and Urban Development requires each public housing agency to prepare a 5-year Plan for
administering public housing assistance programs pursuant to Section 511 of the Quality Housing and Work Responsibility
Act of 1998 (QHWRA). Administration of the Housing Choice Vouchers makes Albemarle County subject to this
requirement. In addition to completing the 5-year Plan, an Annual Plan must be submitted each year. A Public Hearing is
required prior to both plan submissions,
STRATEGIC PLAN:
Goal 3.2: Promote a variety of safe, sanitary and affordable housing types.
DISCUSSION:
The County's Office of Housing has developed a new 5-year Plan and Annual Plan with input from a Resident Advisory
Board consisting of current recipients of rental assistance under the Housing Choice Voucher Program, The plans have
been provided to members of the Albemarle Housing Committee for review and recommendation. A required 45-day public
comment period began on March 7, 2005, Any additional comments received during this period including those received
during the requested public hearing will be addressed in the final submission to HUD,
RECOMMENDATIONS:
Staff recommends setting a public hearing to receive comments on the 2005-09 Housing Choice Voucher 5- Year Plan and
the 2005/06 Annual Plan for April 20, 2005,
05.027
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ACE; appraisals for the Year 2003-04 applicant pool
AGENDA DATE:
March 16, 2005
SUBJ ECT/PROPOSALlREQUEST:
Reject appraisals for two properties in the Year
2003-04 applicant pool and authorize reappraisal of
all four properties in that applicant pool
ACTION:
INFORMATION:
CONSENT AGENDA:
ACTION: X
INFORMATION:
STAFF CONTACT(S):
Messrs, Tucker, Foley, Davis, Kamptner, Cilimberg,
Benish, Goodall
ATTACHMENTS: Yes
LEGAL REVIEW: Yes
REVIEWED BY:
~
(
BACKGROUND:
Four properties were appraised for the Year 2003-04 applicant pool (see Attachment "A", the Bieker, Shifflett, Hill and Page
properties). In August 2004, the appraisals were completed and sent to the Appraisal Review Committee (the "ARC") for
review as required under the ACE Ordinance. Ultimately, the ARC accepted the appraisals for the Bieker and Shifflett
properties, but rejected the appraisals for the Hill and Page properties. Though the ARC believed that the Hill and Page
appraisals were consistent with the appropriate appraisal guidelines and practices as required under ACE Ordinance § A.1-
106(B), it believed that the Hill and Page properties were undervalued and that specific "comparables" were not given
sufficient weight in the evaluations, After much discussion with the ARC, Hallmark Properties respectfully declined to
revise the appraisals, again stating that "qualified analysts often disagree in value estimates".
The Board approved the Bieker and Shifflett appraisals on December 1, 2004. Staff sent an invitation to offer to sell to Mr.
Bieker in January, In late January 2005, the County mailed out the new real estate assessments. Because of some
unresolved issues and the uncertainty in the appraisals for the entire Year 2003-04 applicant pool discussed below, staff
has delayed sending an invitation to offer to sell to the Shiffletts, On February 2,2005, the ACE Committee met to discuss
the appraisals for the Year 2003-04 applicant pool.
STRATEGIC PLAN:
Goal 2.1 - "Protect and/or preserve the County's rural character"
Goal 2.2 - "Protect and/or preserve the County's natural resources"
DISCUSSION:
At its February 2,2005 meeting, the ACE Committee (the "Committee") considered a number of options to allow the Year
2003-04 applicant pool to proceed, Mr. Bieker attended the meeting and commented that the value of his land in the ACE
appraisal was approximately 75% of its assessed value in the new real estate assessments,
With respect to the appraisals for the Hill and Page properties, the Committee supported the ARC's recommendation that
the Board reject those appraisals. With respect to the Bieker and Shifflett applications, the Committee recommended that
the applicants be given the option to either proceed with the existing appraisals or to request that their lands be
reappraised. Some Committee members were concerned that if two of the four appraisals in the applicant pool were
rejected because the ARC determined that the properties were undervalued, there would be a public perception that all four
appraisals may have undervalued the properties,
The deadline by which Mr. Bieker was requested to submit an offer to sell an easement to the County has long since
passed. Under ACE Ordinance § A.1-111(1), the failure to submit an offer to sell would remove the applicant from the
applicant pool. Staff also has spoken to the Shiffletts, who have expressed concerns that their appraisal was low, and
Henry Page, who stated that he would like to have his property reappraised, Note that reappraisal would not assure that
the new appraised values will either be higher than those in the existing appraisals or greater than the properties' assessed
values,
AGENDA TITLE:
ACE; appraisals for the Year 2003-04 applicant pool
March 16, 2005
Page 2
RECOMMENDATIONS:
Staff recommends that the Board of Supervisors: (i) reject the appraisals of the Hill and Page properties, as recommended
by the ARC and the Committee; (ii) authorize the reappraisal of all four properties in the Year 2003-04 applicant pool unless
an applicant decides to drop out of the applicant pool or, in the case of Mr. Bieker or the Shiffletts, they elect to proceed
with their existing appraisal, provided the election is made before the reappraisal process begins; and (iii) waive ACE
Ordinance § A.1-111 (I) and allow Mr. Bieker to remain in the Year 2003-04 applicant pool if he does not elect to drop out.
ATTACHMENTS
Attachment A - Preliminary Ranking Order for Year 2003-04 Applicant Pool
05.028
Attachment" A"
Preliminary Rankin2 Order for Round 4 ACE Applicants - IT 2003-04
(15 points are needed to qualify for ACE Funding)
Applicant
Tax Map (Acreage)
Points
Status
Colombini, Carlo
(Stony Point)
TM 47, Parcel 12A
TM 47, Parcel 14
TM 62, Parcel 50F
TM 62, Parcel 52
Total
( 1.000 acres)
( 65.500 acres)
( 41.000 acres)
( 50.398 acres)
(157.898 acres)
37.24
withdrawn
Scruby, Brian TM 54, Parcel 72A ( 1.100 acres) 27.72 withdrawn
(Greenwood) TM 55, Parcel 14 ( 43.510 acres)
TM 69, Parcel 39A ( 56.889 acres)
Total (101.499 acres)
Page, Henry C. TM 73, Parcel 24 (558.900 acres) 25.13 appraised
(North Garden)
Bieker, Daniel TM 99, Parcel 38A ( 75.250 acres) 19.57 appraised
(North Garden) TM 99, Parcel 39 ( 13 . 190 acres)
TM 99, Parcel 40 ( 17.000 acres)
Total (105.440 acres)
Shifflett, James M. TM 7, Parcel 25 ( 61.600 acres) 19.40 appraised
(Boonesville)
Hill, Samuel TM 13 0 , Parcel 17B (145.210 acres) 17.50 appraised
(Scottsville)
Scruby, Timothy TM 54, Parcel 71 ( 11.556 acres) 16.40 withdrawn
(Greenwood) TM 69, Parcel 39 ( 25.318 acres)
TM 70, Parcel 33A ( 69.381 acres)
Total (106.255 acres)
AEF TM 85, Parcel 40 (182.400 acres) 13.67 ineligible
(Batesville)
Seven (7) Applicants 1,419.202 acres
Note: Travel/tourism value is determined by the presence of specific elements from the ranking evaluation criteria making
certain properties eligible for funding from the transient lodging tax. The specific criteria include the following: contains
historic resources or lies in a historic district; lies in the primary Monticello viewshed; adjoins a Virginia scenic highway, bywa)
or entrance corridor; lies on a state scenic river; provides mountaintop protection.
CITIZENS ADVISORY COMMITTEE FOR THE
CHARLOTTESVILLE-ALBEMARLE
PUBLIC DEFENDER OFFICE
Rauzelle J. Smith, Chair
434924-4469 (Work)
Thomas yon Hemert
434979-7310 (Work)
Marilyn Minrath, Ph.D,
434296-6462 (Work)
Hunter E. Craig
434 974-4505 (Work)
Juandiego Wade
434296-5823 (Work)
February 21,2005
The Honorable Chairman of the Board of Supervisors
Mr. Dennis Rooker
401 McIntire Road
Charlottesville, VA 22902
Dear Mr. Rooker,
I am very pleased to send you a copy of the 2004 annual report from the Citizens Advisory
Committee of the Charlottesville-Albemarle Public Defender Office. We are proud of the quality
legal service this office provides for the indigent of our community. I have also enclosed a guide
to providing quality defense services that may be of interest to you. This is the ABA Ten
Principles and these principles were officially adopted by the Virginia State Bar last year.
We are very impressed with the leadership Mr. Hingeley continues to provide for his staff,
and his participation on various boards and commissions continues to advance the mission of
improving indigent defense in Virginia. This year Mr. Hingeley was selected as a fellow of the
Virginia Law Foundation, an honor bestowed upon lawyers for outstanding service to the
profession and the community.
We also want to express our sincere thanks to you for your support. Your thoughts and
ideas regarding the work of the Public Defender Office and our Committee are always welcome.
Please do not hesitate to contact me or any member of the Committee if you have questions,
ideas, or concerns.
SinC~relY, zÏ /'} ,ft)
//Ct !~.~
~~~th, @ air .
CITIZENS ADVISORY COMMITTEE FOR THE
CHARLOTTESVILLE-ALBEMARLE
PUBLIC DEFENDER OFFICE
ANNUAL REPORT 2004
Back2round
At the final regular meeting for the year December 16,2004, Juandiego Wade motioned that Rauzelle
1. Smith serve as Chair, and Thomas von Hemert serve as Vice-Chair for 2005. Albie Lafave,
Sentencing Advocate in the Public Defender Office, was appointed by James Hingeley, the Public
Defender, to serve as Recorder for the Committee, On February 10, 2004, Hunter Craig was
appointed by the Albemarle County Board of Supervisors to replace Dr. Ishmail Conway. At our
November 16, 2004 meeting, Dr. Janet Warren informed the Committee that due to professional
commitments she would not seek reappointment to a second term. Mrs, Grace Tinsley also
informed the Committee that because of personal reasons and other commitments she would not
seek reappointment to a third term. A special meeting was held on December 23, 2004 to honor
Mrs. Grace Tinsley's years of devoted service as a founding member of the Citizens Advisory
Committee. Eight regular meetings and several sub-committee meetings were held during the
year, with all meetings having been open to the public,
Committee's Activities
Committee members remain committed to making themselves available to members of the
community to provide them with information about the services offered by the Public
Defender Office. During the past year our focus and efforts were directed in two major areas;
the ABA Report on Indigent Defense in Virginia and the continuation of our work with the
Community-Oriented Defense Network.
1. The ABA Report, commissioned by the American Bar Association Standing Committee
on Legal Aid and Indigent Defendants, is perhaps the most comprehensive review
produced to date of the commonwealth's indigent defense system. The report's
conclusions are alarming:
Inadequate resources and an absence of an oversight structure form the basis of an
indigent defense system that fails to provide lawyers with tools, time and incentive to
provide adequate representation to indigent defendants. The deeply flawed system puts
lawyers at substantial risk of violating professional rules of conduct when representing
indigent defendants. No governmental entity serves as a voice of indigent defense: not
the Public Defender Commission, not the State Bar, not the Supreme Court, not the
Executive Branch and not the General Assembly, Unfortunately, substandard practice
has become the accepted norm in Virginia's indigent defense system. We have included a
copy of this report for your review,
1
· .
2. The work of the Community Oriented Defense Network "Mental Health Alternatives"
project continues. A systems engineering class at UV A completed a study and presented
its findings April 23, 2004 at the Darden School.
Jim and Tom attended the National COD meeting held on May 11 - 13, 2004 in Chicago,
They both agreed the sessions provided valuable information in regards to structuring
presentations in a story-like fashion, which personalize the presentation. They both
agreed we are far ahead of the curve in terms of our project as we have completed much
of the groundwork; the larger group must reconvene and seek the services of the COD
facilitator. The project is moving forward with the data provided by the system-
engineering students' report. Smaller task groups are being formed to address more
specific issues to further the goal of establishing a mental health treatment and diversion
program. The mental health communities have concerns about treatment becoming
coercive, although the concepts being discussed have strong support among
Commonwealth's Attorneys and jail representatives,
Special Guests Attendin2: Meetin2:s
Karl Doss, Training and Human Resource Director, Virginia Indigent Defense Commission
1. D, Beard Assistant Public Defender
Lorre Luther, Jim's law student intern
Mollie Lennarz, attorney volunteering in Public Defender Office
Liz Murtagh, Senior Assistant Public Defender
Marilyn Minrath, Ph. D., Clinical Psychologist
Reco2:nition
The committee applauds Mr. Hingeley for continued successful operation of the office with
limited financial resources, and his participation and leadership in the following organizations,
· Attendance at the Virginia State Bar Annual Meeting (June 17-18, 2004)
· Member of the Board of Directors of the Virginia Women Attorneys Association
· Assisted in orientation of new Public Defender Commission members in January, including
presentation on Citizens Advisory Committee
· In February, 2004, the Virginia State Bar adopted the ABA Ten Principles of an Effective
Public Defense Delivery System. The adoption of these principles was the result of an
initiative undertaken by Jim as a member of the VSB Special Committee on Access to
Legal Services. Following adoption of the principles, the bar formed a task force on
indigent defense. Jim served as the chair of a task force subcommittee on public defender
issues and prepared a report that was filed in October, 2004. Copies of the report and the
Ten Principles are attached.
2
· Mr. Hingeley was selected as a fellow of the Virginia Law Foundation, an honor bestowed
upon lawyers for outstanding service to the profession and the community. Only one
percent of Virginia lawyers are fellows,
Issues and Concerns
Our Committee remains concerned over the following realities:
· Lower salaries are paid to public defender lawyers versus those paid to lawyers serving in
the Commonwealth Attorney's offices or working in the private sector. Local governing
authorities are currently providing subsidies for the prosecutors but not for the public
defenders. In November, Jim filed a pay equity proposal seeking supplemental local
funding for salaries.
· Public defender offices offer extensive training to lawyers starting in their professions, but
often lose these individuals to other offices offering higher pay. This occurred in
November, 2003, when an assistant public defender in this office moved to the
Charlottesville prosecutor's office at a considerable increase in compensation. Budget
submissions for years 2004-2005 do not provide funding to address and alleviate these
funding disparities.
· Virginia still ranks, "almost last among the 50 states with regard to fees allowed per
charge. "
· No performance standards, administered by an independent authority, exist to determine a
lawyer's qualifications prior to a lawyer being appointed by a judge,
· Educational debt is a significant barrier for lawyers interested in public service careers
While there is a Career Prosecutor Program, similar programs for public defenders do not
exist.
· The current political philosophy of cutting funding ITom relatively costly hospital
treatment programs with the rationale of treating the mentally ill in the community results
in many mentally ill individuals becoming inappropriately and unnecessarily involved in the
criminal justice system.
· Public defender offices are continuing to be established, but are not being adequately
funded.
Future Goals
· Obtain cooperation of Albemarle County and Charlottesville to implement pay equity
proposal.
· The Committee embraces the idea of improving minority recruitment. This issue remains a
concern to our Committee and Mr. Hingeley.
3
· Continue efforts to explore the development of a Career Defender Program, modeled after
the Career Prosecutor Program.
· Increase awareness of and support for the Public Defender Office and its role in
strengthening the Criminal Justice System by offering quality legal service to the indigent
and advocating for sentencing alternatives that benefit both the offender and the
community.
· Continue to make available to the public, through public forums and other means,
information about public policy issues significantly affecting the welfare and interests of
Public Defender clients.
· Continue our support of the Virginia Indigent Defense Coalition and our work with the
Brennan Center for Justice Community-Oriented Defense Network (COD).
· Explore the quality and quantity of client support services in our community with a view
towards improving services and/or advocating for additional services where appropriate.
Approved:
Citizens Advisory Committee
Rauzelle 1. Smith, Chair
January 31, 2005
4
AMERICAN BAR ASSOCIATION
-
Ten Principles of a
Public Defense Delivery System
ONE
The public defense
function, including the selection,
funding, and payment of defense
counsel is independent.
. TWO
Where the caseload
is sufficiently high, the public
defense delivery system consists of
both a defender office and the active
participation of the private bar.
THREE
Clients are
screened for eligibility, and defense
counsel is assigned and notified of
appointment, as soon as feasible
after clients' arrest, detention, or
request for counsel.
BLACK LETTER
FOUR
Defense counsel is
provided sufficient time and a confi-
dential space within which to meet
with the client.
FIVE
Defense counsel's
workload is controlled to permit the
rendering of quality representation.
SIX
Defense counsel's
ability, training, and experience
match the complexity of the case.
SEVEN'
The same attorney
continuously represents the client
until completion of the case.
EIGHT
There is parity
between the defense counsel and the
prosecution with respect to
resources and defense coun-
sel is included as an equal
partner in the justice
system.
NINE
Defense counsel is
provided with and required to attend
continuing legal education.
TEN
Defense counsel is
supervised and systematically
reviewed for quality and efficiency
according to nationally and locally
adopted standards.
* The ABA Ten Principles of a Public
Defense Delivery System were approved
by the ABA House of Delegates in
February 2002.
For more information about
the American Bar Association's
Ten Principles of a Public
Defense Delivery System: visit
www.vidcoalition.org or phone
804-343-1712.
.
VI DC
VIRGINIA INDIGENT
DEFENSE COALITION
..'þO
VffiGnuASTATEBARCOUNC~
RESOLUTION FOR THE ADOPTION OF THE AMERlCAN BAR ASSOCIATION'S
TEN PRINCIPLES OF A PUBLIC DEFENSE DELIVERY SYSTEM
WHEREAS, indigent defense is a constitutionally mandated public responsibility; and,
WHEREAS, a comprehensive study of Virginia's public defense delivery system has
recently been conducted by the Spangenburg Group and a related report has been presented to
the Virginia Crime Commission; and,
WHEREAS, many significant deficiencies in Virginia's public defense delivery system
have been identified both by the Spangenburg Group and by others familiar with the system; and
WHEREAS, the Virginia State Bar has documented Council's leadership and guidance in
matters affecting Virginia's crimmal justice system, especially when the protection of important
constitutional rights, such as the rights of indigent defendants to effective assistance of counsel
and a fair trial, is at stake; and
WHEREAS, the American Bar Association, in February, 2002, formally adopted the Ten
Principles of a Public Defense Delivery System; and
WHEREAS, the Special Committee on Access to Legal Services believes that the ABA's
Ten Principles and the accompanying commentary establish aspirational standards that those
C_ seeking to improve Virginia's public defense delivery system should seriously consider; and
WHEREAS, the Ten Principles apply to both the traditional assigned counsel system and
the public defender system, and do not advocate one system over the other; and
WHEREAS, the adoption of the ABA's Ten Principles by the Virginia State Bar and the
dissemination in Virginia of the Ten Principles would aid in accomplishing the VSB's mission,
specifically "to advance th~ availability and quality of legal services provided to the people of
Virginia," and "to assist in improving the lega1 profession and the judicial system." .
NOW, THEREFORE BE IT RESOLVED, that the Virginia State Bar, through its
Council, does adopt in Virginia the American Bar Association's Ten Principles of a Public
Defense Delivery System.
.
.
.
F
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5823
Fax (434) 972-4126
March 7,2005
Nancy K. Long
The Gaines Group
P.O. Box 6255
Charlottesville, VA 22906
RE: SP 2004-060 Second Bank & Trust - Southside: Tax Map 91, Parcel 2D2
Dear Ms. Long:
The Albemarle County Planning Commission, at its meeting on March 1, 2005, unanimously
recommended approval of the above-noted petition to the Board of Supervisors.
Please note that this approval is subject to the following conditions:
1. The site shall be constructed in general accordance with the preliminary site plan entitled
"Proposed Site Plan and Special Use Permit, Second Bank & Trust - Southside Branch", last
revised December 27, 2004,
2. The furthest lane ftom the building shall be maintained free of any obstructions and limited to
bypassing traffic.
3, Signage and pavement markings shall be provided at the entrance and exit points of the drive-
through lane, subject to Current Development Division engineering approval to ensure
appropriate and safe travel patterns.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on April 6, 2005. 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 any questions or comments regarding the above noted action, please do not hesitate to
contact me (434) 296-5823,
Sincerely,
I / ~¿
,/;t!~~
Stephen B, Waller
Senior Planner
Zoning and Current Development Division
SP-2004-060 Second Bank & Trust - Southside
Page 2
March 7, 2005
/aer
C: Cola LLC
POBox 744
Charlottesville, VA 22902
Ella Carey
Amelia McCulley
Jack Kelsey
Steve Allshouse
STAFF PERSONS:
STEPHEN B. WALLER, AICP
ALLAN SCHUCK
MARCH 1, 2005
APRIL 6, 2005
.
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
SP 04-60 SECOND BANK AND TRUST DRIVE-THROUGH
SDP 04-103 SECOND BANK - CRITICAL SLOPES WAIVER REQUEST
Applicant's Proposal:
The applicant has submitted a preliminary site plan for a development consisting of a bank with a
drive-through window and Automated Teller Machine (Attachment A). The site review
committee has reviewed the preliminary site plan and determined that it can be approved
administratively with the approval of a special use permit allowing the drive-through window
and a waiver of Section 4.2, which prohibits the disturbance of critical slopes. The property,
described as Tax Map 91 - Parcel 2D2, contains 1.34-acre and is located in the Scottsville
Magisterial District on the south side of Mill Creek Drive [State Route #1150], approximately
240 feet east ofthe intersection with Avon Street Extended [State Route #742] beside the Mill
Creek Exxon and car wash (Attachment B). This site is zoned Planned Development - Shopping
Center (PD-SC) and Entrance Corridor (EC), and has a Comprehensive Plan designation of
Community Service in Development Area Neighborhood 4.
Petition:
.
The applicant is requesting approval of a special use permit in accordance with Section
22.2.2(10) of the Zoning Ordinance, which allows for drive-in windows serving or associated
with the by-right uses allowed in the PD-SC zoning district. This petition also includes a request
for Planning Commission approval of a critical slopes waiver, pertaining to the approval of the
site plan.
Plannin!! and Zonin!! Historv
ZMA 95-21 Cathcart Properties and Denico Development Company. - On May 8, 1996, the
Board of Supervisor's approved a request to rezone approximately 11.6 acres (contained in the
parent parcel ofthe subject property) from R-l, Residential to PD-SC, Planned Development-
Shopping Center with proffers (Attachment C). That zoning map amendment was approved with
two (2) proffers that prohibit specific uses on the property and require that the property be
developed in accord with the approved application plan.
Character of the Area:
.
Access is provided to the subject parcel from a private road called Parham Circle, which
surrounds it on both sides and the rear. The adjacent parcel to the west of this site is a
convenience store/gas station and car wash, and the Southside shopping center is located across
the street, on the north side of Mill Creek Drive. The property shares its southern boundary with
a vacant parcel to the rear (south boundary) that is held under the same ownership and planned
for development as an office building. The property that shares the eastern boundary with this
site is owned by the County and contains a stormwater management pond, which accepts
drainage from the public road. With the exception of this County owned parcel, which is zoned
Residential (R-15), all properties surrounding this site are zoned PD-SC.
Comprehensive Plan:
Requests for special use permits within the Development Areas are assessed for conformity with
the recommendations set forth in the Land Use Plan. In addition to being a use that is allowed by
right in the PD-SC zoning district, banks are also recommended as primary uses in areas
designated for Community Service land uses.
Chapter 2 of the Comprehensive Plan, entitled "Natural Resources and Cultural Assets" sets
goals for preserving the scenic resources that are recognized as being essential to the County's
character, economic vitality and quality oflife. The Entrance Corridor Overlay Districts were
implemented to further the County's efforts toward attaining the Comprehensive Plan objective
of maintaining the visual integrity of important roadways. The Architectural Review Board
(ARB) addresses the aesthetic impacts of development on those roads by applying the County's
various design standards for development within the Entrance Corridor. The ARB has reviewed
the site layout and building design of this proposal for conformity with the County's adopted
design guidelines, and recommends approval ofthe site plan with conditions (Attachment D).
STAFF COMMENT:
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance, as they relate
to the proposed bank drive-through:
The Board of Supervisors herebv reserves unto itself the right to issue all special use permits
permitted hereunder. Special use permits for uses as provided in this ordinance mav be issued
upon a finding by the Board of Supervisors that such use will not be of substantial detriment to
adiacent property.
Uses that implement drive-through windows are often characterized by the high volumes of
customers that are served during the peak hours of operation. Therefore, the concerns for the
impact upon adjacent properties are mainly focused on ensuring that the stacking and loading
movements of vehicles entering the drive-through lanes do not obstruct the free passage of off-
site vehicles that are attempting to access adjacent parcels. Because the bank would have access
to a private road and the drive-through lanes are separated from that entrance on another side of
the building, staff has identified no significant reason for concern that the stacking of the drive-
through traffic would delay the passage of off-site traffic. Therefore, staff does not believe that
the proposed drive-through window would impose any detriment upon adjacent properties.
that the character of the district will not be changed thereby.
Banks and financial institutions are allowed as by-right uses in the PD-SC zoning districts and
Section 22.2.2(10) ofthe Zoning Ordinance allows for drive-in windows serving or associated with
the by-right uses allowed in the district. The drive-through window and its access lanes are being
proposed on the opposite side of the bank building and are expected to have very minimal visibility
from the entrance corridor. The Architectural Review Board has reviewed the preliminary site plan
along with conceptual drawings ofthe structure for consistency with the County's entrance corridor
2
.
design guidelines and recommends approval with conditions. However, the ARB had no additional
conditions or concerns with the drive-through special permit. Because the drive-through would
support a by right use, and consideration has been given for its aesthetic impact, it is staff s opinion
that approval of this proposal would not result in changing the character of the district.
and that such use will be in harmony with the purpose and intent of this ordinance,
Staffhas reviewed this request for compliance with the purpose and intent ofthe Zoning Ordinance,
as set forth in Section 1.4, and identified no conflict that would arise as a result of its approval.
with the uses permitted bv right in the district,
Section 25A of the Zoning Ordinance, entitled Planned Development - Shopping Center, allows
the same by-right uses as well as those that are permitted by special use permits in the C-I
(Commercial), CO (Commercial Office), and HC (Highway Commercial) zoning districts to also
be established in the PD-MC district. In order to protect the adjacent properties from the
possible impacts of high intensity development, the parcel under review is subject to a proffer
that restricts the types of uses that are allowed on it. Banks and financial institutions and other
uses that normally have drive-through windows, such as fast food restaurants, are not included
among those prohibited uses.
.
This request to allow a drive-through window is consistent with most ofthe banks that have been
established as a stand-alone use within their own structures in similarly zoned districts
throughout the County. Therefore, it is staffs opinion that the proposed drive-through is in
harmony with the by-right uses located within this PD-MC district.
with additional regulations provided in Section 5.0 of this ordinance,
There are no additional regulations in Section 5.0 that specifically address restaurants or other
uses that have drive-through windows as an accessory use to their standard services.
and with the public health, safety and general welfare.
Section 4.12.17.c(2)(a) of the Zoning Ordinance provides standards for internal circulation
related to drive-through windows and one-way access aisles. These regulations require adequate
area for a minimum of five (5) stacking spaces for each drive-through lane and ATM serving
financial institutions. When deemed necessary, the county engineer may require single lane
drive-through windows to have travel way widths of up to sixteen (16) feet in order to allow for
bypass traffic. In this case the applicant is providing a separate 13-foot wide by-pass lane that
extends the full length ofthe drive-through after passing the curve at the southern comer ofthe
building. Furthermore, the site plan proposes the installation of required one-way signage and
pavement markings to direct traffic in a safe and orderly pattern.
.
The special use permit application plan was reviewed by Current Development engineering staff,
in conjunction with a preliminary site plan, to analyze the stacking in all drive-through lanes and
the proposed site circulation. The Site Review Committee also has also performed the standard
preliminary site plan application review. The Current Development Division's engineering
review resulted in no additional or outstanding concern with the proposed drive-through window.
3
Therefore, it is staffs opinion that this site could be developed, as planned, in harmony with the
regulations that are intended to promote the public's health, safety and general welfare.
Staff will address the provisions of Section 4.2 of the Zoning Ordinance (Critical Slopes):
Section 4.2.3.2 ofthe Zoning Ordinance restricts earth-disturbing activity on critical slopes,
while Section 4.2.5.b(2) allows the Planning Commission to waive this restriction upon finding
that a strict application of these provisions would not forward the purposes of the Zoning
Ordinance. The applicant has submitted a request and justification for the waiver addressing the
five health, safety and welfare concerns that are set forth in the ordinance (Attachment E).
These critical slopes are located in the areas proposed for construction on this site and adjacent to
the Mill Creek Drive right of way. Critical slopes cover approximately O.206-acre, which is
15.4% of the total site area, and O.B3-acre (64.5%) ofthose slopes will be disturbed. Critical
slopes disturbance that is exempt includes the installation of utilities and construction of access
ways. The non-exempt critical slopes disturbance proposed on this site consists of grading and
constructing a portion of the parking lot and a retaining wall.
Staffhas reviewed this waiver request with consideration for the five (5) concerns that are set
forth in Section 4.2 ofthe Zoning Ordinance, entitled "Critical Slopes." These concerns have
been addressed directly through both the analysis provided herein, and with the standard
administrative review that is applied to all site development proposals.
The Department of Community Development's analysis ofthis proposal is provided by the
Current Development Division's engineering and planning reviewers. Engineering analysis
addresses the concerns for excessive stormwater run-off, increased movement of soil and rock,
siltation and septic effluent. Proper slope construction, control of drainage, and vegetative
stabilization with approved erosion control measures within the standards of Virginia Erosion
and Sedimentation Control Regulations will prevent any movement of soil. Stormwater runoff
will be controlled by the required drainage and stormwater management plan for this site.
Inspection and bonding by the County will ensure siltation control during construction, while
proper stabilization and maintenance will ensure long term stability. Finally, septic effluent is
not a concern because this site is serviced by public sanitary sewer.
The Planning analysis of this request addresses the concern for the possible loss of aesthetic
resources. Staff finds that none of the critical slopes in question are delineated on the Open
Space Plan Concept Map, nor are they located within any Major or Locally Important Stream
Valleys or Mountains, all of which are designated as the important resources that are often
associated with critical slopes. Furthermore, there is not a significant amount of vegetative
coverage present in the area where the critical slopes disturbance will occur and much of the
slopes will be planted in new vegetation.
SUMMARY:
Staffhas identified the following factors, which are favorable to this special use permit request:
1. The provision of drive-through services can be considered a standard function of banks
4
.
.
.
2.
and other financial institutions, which are by-right uses in the PD-SC zoning district.
The proffer prohibiting several other uses on this site does not include banks and other
financial institutions.
The drive-through lanes would offer the opportunity for customers who will not need to
access the teller windows or A TM to bypass the stacked traffic awaiting banking services.
Based on the proposed site layout, no conflict is expected to occur between vehicles
stacked in any ofthe drive-through lanes and the off-site traffic passing the entrances to
this site.
3.
4.
RECOMMENDED ACTIONS:
SP 04-060 Second Branch Bank & Trust Drive Throu!!h Window:
Staffhas reviewed these proposals for compliance with Section 31.2.4.1 of the Zoning Ordinance
consistency with the Comprehensive Plan and, and recommends approval of the special use
pennit SP 04-60 with the following conditions:
1.
The site shall be constructed in general accordance with the preliminary site plan entitled
"Proposed Site Plan and Special Use Pennit, Second Bank & Trust - Southside Branch",
last revised December 27,2004.
The furthest lane from the building shall be maintained free of any obstructions and
limited to bypassing traffic.
Signage and pavement markings shall be provided at the entrance and exit points of the
drive-through lane, subject to Current Development Division engineering approval to
ensure appropriate and safe travel patterns.
2.
3.
SDP 04-103 Second Branch Bank & Trust Drive -Critical Slopes Waiver:
RECOMMENDATION: With consideration for Section4.2.5.b(2), it is staffs opinion that a strict
application of section 4.2 would not further the purposes ofthe Zoning Ordinance or otherwise serve
the public, health, safety or welfare. Therefore, staff recommends Planning Commission approval of
the requested critical slopes waiver based on the findings provided herein.
ATTACHMENTS:
A - Special use pennit application and site plan (revised 12/27/04)
B - Tax MapNicinity Map
C - Approval letter for ZMA 95-21
D - Architectural Review Board Comments
E - Critical Slopes Waiver Request
5
UHILJ!; ~U::ΠUN~ y
SP# d-ttJO ':i.-Orc, 0
57
TMP -0 9-1 a. 0 -£2C2.Q
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of]
ATTACHMENT A
Sign #
Magisterial District:
Staff:
uare:
. Application for Special Use Permit
.
.
Please See the List at the bottom of page 4 for the Appropriate Fee
(staff will assist you with this item)
Project Name (how should we refer to this application?):
Second Bank & Trust-Southside
*Existing Use:
Vacant
Commercial Bank
Proposed Use:
P. D. S. c.
Zoning Ordinance Section number requested: ::>5 ' ~..;t. Lj.
* Zoning District:
(*staffwill assist you with this item)
Number of acres to be covered by Special Use Permit (if a portion it must be delineated on a plat):
Is this an amendment to an existing Special Use Permit?
Are you submitting a preliminary site plan with this application?
DYES @NO
gYES DNO
Contact Person (Who should we calVwrite concerning this project?): Nan c y K. Lon g ,
The Gaines Group
Address
P.O. Box 6255
2290~
Zip
Charlottesville VA
City State
Daytime Phone ~ 97 9 - 5 2 4 <;
Fax #9 7 9 - 912 6
E-mail :c g t e c t @ the g a in e s g r 0 up. com
Owner of Record
COLA L.t.C.
Address
P.O. Box 744
Zip 2 2 9 0 2
Citf h a r lot t e s viII e State VA
Daytime Phone ~ 9 7 1- 8 9 9 6
Fax #9 7 1- 9 3 4 4
E-mail denise@denico.net
Applicant (Who is the Contact person representing? Who is requesting rhe rezoning'l):
Same as Owner
Address
City
State
Zip
Daytime Phone L-J
Tax map and parcel:
Fax #
91-2D,4 LotB
E-mail
Physical Street Address (if assigned):
Location of property (landmarks, intersections, or other): A c r 0 ssM i 11 C r e e k Dr i v e fro m Sou t h sid e
Shopping Center
Does the owner ofrhis property own (or have any ownership interest in) any abutting property? [fyes, please list those tax map and parcel numbers
No
OFFICE U
Fee amount S
o Special Use Permits:
o
~
~.o~
7 \.Ã)
ZMAs & Proffers:
Variances:
Letter of Authorization
Concurrent review of Site Development Plan? 0 YES 0 NO
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
7/1/04 Page I of 4
1
Section 31.2.4.1 of the Albemarle County Zoning Ordinance states that, "The board of ~
reserves unto itself the right to issue all special use permits pennitted hereunder. Special use pennns ror
uses as provided in this ordinance may be issued upon a fmding by the board of 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."
ATTACHMENT A
The items that 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 you request. If you
need assistance filling out these items, staff is available.
What is the Comprehensive Plan designation for this property? P . D . S . C .
How will the proposed special use affect adjacent property?
Adjacent properties are zoned the same as this one and provide a
central commercial zone for the residential areas along the Route 20
and Avon Street extended corridors.
How will the proposed special use affect the character of the district(s) surrounding the property?
See above
How is the use in hannony with the purpose and intent of the Zoning Ordinance?
The property is zoned for such an intended purpose.
How is the use in hannony with the uses pennitted by right in the district?
All properties in the district are zoned the same oycent for
those owned by Albemarle County.
What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use?
N/A
How will this use promote the public health, safety, and general welfare of the community?
The proposed use builds on the existing central core of
commercial uses and allows existing residential properties
to remain "as is".
07/1/04 Page 2 of 4
B
.
.
.
Describe your request in detail and include all pertinent information such as the number of
the use, operating hours, and any unique features of the use:
ATTACHMENT A
A TT ACHMENTS REQUIRED - provide two (2) copies of each
¿ 1. 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
delineation on a copy of the plat or surveyed drawing.
~ 2. 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 document acceptable to the County must be submitted that
is evidence of the existence and scope of the agency.
OPTIONAL ATTACHMENTS:
~ 3. Provide 16 copies of any drawings or conceptual plans.
o 4. Additional }nformation, if any. (16 copies)
Owner/Applicant Must Read and Sign
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 on this application and accompanying information is accurate, true, and correct to
the best knowledge.
C-
rvC\J. "d..~ I d..DO~
Date
~ \....0.... Cov.."
4"3\..\ '~ì - ~C\'\b
Daytime phone number of Signatory
',. I
7/1/04 Page 3 of 4
Cf
ATTACHMENT A
--.-...---
-
County of Albemarle
Community Development uepaIU""IIL, r ,g,,,,,,,~ ~
Community Development Division
401 Mcintire Road Charlottesville, VA 22902-4596
Voice: (434) 296-5823 Fax: (434) 972-4012
Planning Application 1
TMP
Owner(s)
. . J .
Ii
I :¡:{.]:¡~:.. .·..~I õI']:~':' r~" (.]~
Legal Description CREEKMILL
B
Magisterial Dlst ScottsvilJe
Current AFD Not in A/F District
Land Use Primary
Current Zoning Primary Planned Development Shopping Center
APPLICATION INFORMATION
House # Street Name
Street Address I
Entered By: Ana Kilmer on 11/22/2004
Apt 1 Suite
I I
City
State Zip
CJ
Application Type
Project
Engineering File #
Received Date
Submittal Date
Closing File Date
o Proffering Plan?
o Site Plan Waiver?
o Proffers Amendment?
tRS Okay. ak. receipt #07212
Legal Description I CREEKMILL
Special Use Permit I
2,316.0CIISecond Bank & Trust - Southsid I
0
11/22/2004 Reœ;,'" D." """ § Total Fees 1$ 980.00 I
11/22/2004 Submittal Date Final Total Paid 1$ 980.00 I
Revision Number
Application #
SP200400060
SDP200400103
o Spec, Use Permit Amend.? 0 Preliminary Site Plan?
o Preliminary Subdivision Plat? 0 Planned District Amend.?
o Special Conditions?
B
I.
I
SUB APPLICATION(s)
Type
Sub Application Date
I II ~mm,"~
STATUS TRACKING
Status
Status Date Entered By: Ana Kilmer on 11/22/2004
11/22/2004 Comments
11/22/2004
Under Review
Under Review
APPLICANT / CONTACT INFORMATION
Contact Type I Owner 1 Applicant
I Contractor I
Name COLA LLC
COLA LLC
Long, Nancy K., The Gaines Group
I'
Contact # ¡
Street Address
City / State
Zip Code
Fax #
E-mail
POBOX 744
CHARLOTTESVILLE VA
22902- 1 Phone # f( ) -
( ) - I Cellular # I ( ) -
Signature óf Contractor or Authorized Agent
Date
(ò
e
ATTACHMENT A
.
ACTIVITY INFORMATION
PLANNING ACTIVmES
BUILDING AcnvmEs
Current Status
Special
Conditions
Current Status
PROPERTY INFORMATION
TMP
Parent TMP
Tax Map_
Major Subdiv.
Legal Description
Parcel _
TMP Inac.:tlve?_
Section _ BIOCk_
Total Acres _
ADDRESS INFORMATION
House #
Street Add~~ .
. .
Street Name
City
Owner Name
.
.
I (
ADDITIONAL PROPERTY INFORMATION
ATTACHMENT A
Comprehensive Plan Area
Traffic Zone
Voter Precinct
Magisterial· District
Metro Planning Area? n
CATS Area? Q;J
L(]i!:::!~ ),' ,_,; ,
. . .
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High School District
Middle School District
Elem. School District
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Census Block Group
Census Tract
- - -, ""-
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1 J ,;
Public Water & Sewer
Watershed
tz-n,'fJJì~r:_ I ~~ ~'::J
. .
;·.f::l~ . ~A.(~
Water Supply Protection Area? 0
Development Area? [2J
Other Rural Land? 0
National Register of Historic Places? n
Virginia Landmark Register?
National Historic Landmark? [J
World Heritage Site? ¡ ¡
Agricultural & Forest District Number of
Number of Dwelling
Primary _Land use Structures¡ Units _compPlan Landuse
seco~~~:
Comp PI," la"d~. Qth" .
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········_····..···._.···._·.,·..__...._.._m.._
·....·..···__·_·..··....·..·_·___m.____.__._.......__.__.....
Current Zonlna
Zonlna Adooted 12/1980
Zonlna Prior to 12/1980
Primary
Secondary
Minor
Other
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Natural Resource Extraction Overlay []
Flood Hazard Overlay [J
Airport Safety Overlay C
Airport Protection Overlay U
Airport Noise Overlay [J
Scenic Stream Overlay
Entrance Corridor Overlay [XJ
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BITE DATA
~ .
OWNER:
CAEEKMIL~ L.L.C.
P.O. 80X 7..
CHARLOTTESVILLE. VA. 22902
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LISA&. AEFEÆNŒ:
INSTRUENT '800003545
TAX NAP St. PAACIL 20
0.8. IS.. p.IOS
O.B. 1<492, p.M3 (PLAT)
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MAGISYEAIALDISTAtCT: SCOTTSVILLE DISTRICT
ZONING: PD-!): with ZMA 85-21
ENTRANCE CORRIDOR aVEfLAY DISTRICT
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PMŒL 81. }de., Sit lIES N)T LIE IN A PLOIm HWID AÆA.
MJ. urnlfriHlN' tHIS Ul)IV!SIDN ifILL æ 8ÐMD BY NUC WATEft AIG SEIER.
aL.I.01SIIIfHDt··1Mœ IIJI)!VISION WILL IE ~ BY n£ PRIVATE ROAD
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M.·~· ".; '"';riàs'mECIf MAY II!7t ~ ItAtØIIIS
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T.M,P. 91-jA
O. B. j OB9. p. 670
ALBEMARLE COUNTY
SERVICE AUTHORITY
T,M.P. 91-j
D.B. 9j9. p.746
PLA T OF
CCRJEJEJKMODLL §lJJBDJIVII§][ON
A DIVISION OF
PARCEL 20. TAX MAP 9J
SCOTTSVILLE DISTRICT
ALBEMARLE COUNTY, VIRGINIA
DECEMBER 2J, J999
ROUDABUS~ GALE & ASSOC., INC.
A PROFESSIONAL CORPORATION
SURVEYORS. PLANNERS, & ENGINEERS
914 MONTICELLO ROAD
CHARLOTTESVILL~ VIRGINIA
80
I
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SCALE l' " 80'
BO
160
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l_S\1EET3-0f '-
SCALE IN FEET
DC/TMODWIN/7835PLAT,PRD
7835
ATTACHMENT A
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ALBEMARLE COUNTY
SERVICE AUTHORITY
T.M.P. 91-1A
O.B, 10B9.P.670
ALBEMARLE COUNTY
SERVICE AUTHORITY
T.M.P. 91-1
0.B.919.p.746
PLA T OF
CIlŒJEIK:MIJIJLL SU1BD1MIS]ION
A DIVISION OF
PARCEL 20, TAX MAP 91
SCOTTSVILLE DISTRICT
ALBEMARLE COUNTY, VIRGINIA
DECEMBER 21, 1999
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ALBEMARLE
T.M.P. 91-2£
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ROUDAaus~ GALE & ASSOC.. INC,
A PROFESSIONAL CORPORATION
SURVEYORS, PLANNERS. & ENGINEERS
914 MONTICELLO ROAD
CHARLOTTESVILLE VIRGINIA
DC/TMODWIN/7835PLAT,PRO 7835
: SHEET 2 of 4
SCAlE IH fEET
_.._----~-
ATTACHMENT A
\(0
. ATTACHMENT A
~
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I;
PRELIMINARY SITE PLAN & SPECIAL PER M IT I I
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SECOND BANK & TRUST - SCUTHSIDE BRANCH i ¡
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COLA L.L.C. 1 I I
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51
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1:1
SCOTTSVILLE MAGI STERIAL DISTRICT 81
u,
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ALBEMARLE COUNTY, VIRGINIA ¡
-,
.
OWNER
COLA. L.LL
P. o. BOx 744
CHARlOTTESVIl..L£.
VA. 22902
DEVELOPER
COlA. LL.C:---
P. O. BOY. 744
CHARLOTTE.5VIW:, VA. 22902
PLAN
PLAN
LANDSCAPE:
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r;
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§
TMP $ ACREAGE
~lO~~
ZONING
P.D.S.C. WITH ZJI..!A-95-2
ENTFANCE CORRIDOR OVERlAy OOTRICT
ACcesS "'A5fME."ITS SHAlL ßf DfDICAT~D TO PUÐUC USI
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PROPOSED USE $ B',
USE: BU51.lf55 (fiNANCIAL INSTITUTION) .
2,4b4 sa.FT, .STORY, 35 fT. MAX.
TYPE 58 CONSTRUCTION
8UILDING 15 TO ðe fUU.Y 5f"RJNKl.l:RED PER ""l"PA-J3
9 EMPW'(EES WX.
NOTES
LDING
UI
Q1=NERAL CONSTRUCTION NOTES
fRlOR TO ANY CONSTRUCTION WlTH!N ANY D:15TJNG PU8L1C RJGHT-OF~WP..Y.INCWDING CONNECTION TO
ANY EXISTING ROAD, ^ PERMIT SHALL 8E OBTAINED FROM THE VIRGINIA DEPARTMENT OF TI?AN5PQRTATIOf.J
rJDOT). THIS PlAN AS DRAWN MAY NOT ACCURATELY REfLECT THE REQUIREMENTS Of THE PERMIT. 'M1ERE
AIf( D!SCRfPANClE9 OCCUR THE REQUIREMENTS OF TH~ PERMIT 5HAI.L. GOVERN.
PARCELS
LOTA
ADJACENT
TAX MAP 91, PARCEl2D,
Mlli CRlfl; MARnT
J *J DEVElOPMfNT L.l.C.
0.6. lð95 P. ,"ð-!7!
0.6. /915 P. GG2 PlAT
DRAWfNG INDEX
COVER SHfff
cs
c-
2.I\lL PAVING AND DRAINAGe RfLATfD MATERIALS AND CONSTRUC110N METHODS. 5HAll CONFORM TO
CURRENT SPfCIACATIONS AND STANDARDS Of V.D.O.T. UNLESS OTHER'M5!: NOTED.
3. t:R.0510N AND SILTATION CONTROL MEASuRES SHAlL Bf PROVIDED IN ACCORDANCE WITH THe: APPROVED
fROSIOI,z CONTROL PlAN AND SHALL BE INSTALLED PRIOR TO ANY ClEARING, GI?ADING OR OTHER
CONSTRUCTION.
ENTRANC~ CORRIDOR oveRlAY DISTRICT
LOT A2
SITE
L-
TAX MAP S , PARCf12D.
ClASSY CAR WASH
CAR. CAn CENTER.l.LC.
0.6. ¡ð95 P. I6ð-J71
D.B. 1915 P. (;(;2 PLAT
OR
4. All SWPES AND DISTRtJRBED AREAS ARE TO BE fERTILIZED, SEEDED AND MUlCHfD. MAXIMUM
ALlOWA5I..E fIll OR CUT SLOPE IS 2, I WHERE RfA50NABLY OOTAINABLE LE5SER SlOPfS OF 4..
UffiER ARf TO BE A01IEVED
5. PAVED OR RIP RAP UNEO DITCH MAY 8E REQUIRfD WHEN IN THE OPIMON Of THE OIREGlQR OF
eNGINEERING, OR HIS DESIGNEES, 1T IS DEEMED NECESSARY IN ORDER TO STABluZE A DRAINAGE
ENTRANCE CORRIDOR OVl:~Y DISTRICT
TAX MAr 9 , PARCEl2D. LOT C
CRffKMlll LLC.
UNDE.VElOPr:D
D.B. PSt, P. 154
0.13. 4"92 P. b83 PlAT
zoom P.D.S.C.
ENTRANCE" CORRIDOR OVERlAY DI5TRlCi
FOR UNIfORM TRAffiC
CONfORM W TH THE VIRGINIA MANUAL
G. All TRAFfIC CONTROL SIGNS 5HAl
CONTROl DEVICES, LATEST EDITION.
TH
7. UNLESS OTHe:RWl5E NOTED ALL CONCRETE PIPE SHALL BE REINfORCED CO"ICRETE PIPE CLASS II
ð. All EXCAVATION fOR UNDERGROUND PIPE INSTALLATION SHAll COMPLY WITH OSHA STANDARDS fOR
CONSTRUCTION INDUSTRY (29 CfR PART I 92bJ.
TAX MAl" 91 PARCel 2
COUNT'!' Of AlBfMARLE
UNDr:VElOM:D
0.6. 492, P. b7G
ZONED R-!S
.
PARKI N
RfQUIRED PAR.f\.ING:
2,4(;4 5,. X ¡ 5PJ2009f _ 125PACES
PARKJNG f'ROVIDED: ... /5 SPACES
14 SPACE) 9'X IÖ'OVERAllJ
I VA~I ACCrs.<;IBlf 5PACE (8' X I ð,
MIN. AISlE WIDTH, 24 FEET; , 2 f"EfT ATONe:.WAYSTACKlNG lANES
~
VICINITY MAP
SCALE, I· ... 2000'
9. IT SHAll BE THE CONTRACTORS RE5PONSI6IUTY TP CHECK All DlMENSlON5, SITE CONDITIONS, ANAL
GRADING AND FIELD lAYOUT ON THIS PROJECT AND REPORT All INCONSISTANCIES TO THE ENGINEER,
SURVEYOR, ARCHITECT AND ONNfR. SHOULD THfCONTRACTOR FAIL TO COMPLY WITH THf AðOVf HE WlL
ASSUME TOTAl RESPONSIBILITY fOR At-('( ERRDRS AND INCONSISTINCIES.
TAX MAP 77, PARCEL 47A
UNDEVElOPED
PARHAM, RONNIE E. OR JANET "-
LANQ~~ SCHEDULE
EXISmlG PROP05fD
BUILDING 0 ~f 0% 2.4b4 51 =
OPfN 45, I Gð!of 77.32~ 21,707!of.:
PAVfD I 3,24G ef 22.c;ð'6 34.243 sf ..,
TOTAL IMPERVIOUS AREA 3(;.707 51 ..
TOTAL 58,41451 lOO.()()% 5ð,414sf..,
PARKING 4 VEHIC. GlRe. ARrA 35,21051
FLOODPLAIN * WATERSHED
I. THE SITE 15 NOT LOCATED WI1HIN A Rf5~RVOIR \VATERStIED
IN
PO\..YITrt..fNE P1re' MAY 6f: USt:D IN
O. THE 5PJLlOVt:R OF UGHTlNG fROM PARKING AfiŒA LUMINARfS ONTO PUBUC ROADS AND PROPflUY
P-ESIDENTlAl OR RURAL AR1':A5 ZONING DISTRICTS SHALL NOT EXCEED ONE HAlf (1/2) FOOT CANDLE
I All SERVICE UTILITIES AP..l TO BE PLACED UNDERGROUND.
2_!N UEU Of CONCRETE STORM DRAIN PIPE ADS N~12 CORRUGATED
CONJUNCTION WITH BEDDING TYPE PB-!
13 MATERJALS 5HAI
fNTRANCE CORRIDOR. OVERlAY DISTRICT
TAX MAP 77, PARŒL 47
S0l1TH51DE SHOPPING CENTER
HILlCREST, LLC
D.B. J (;9(; P. 309
ZONED P.D.5.C.
ENTRANCE CORRIDOR. OVERlAy D151li'JCT
4.22%
37.IG'!I
5ð.,"2%
{;2.84%
!oo.~
- (;0.23%
ßUILDING CODE
STATE
TH
WITH
COMPLY
CONSTRUCTION AND
Of CONSTRUCTJON.
ALL
IME
LIMITS) AS
2. THE SlTf 15 LOCATW IN FLOOD ZONE C, (OUTSIDE THE ! 00 'fV.R fLOOD PlAIN
SHOWN ON THE OfFICIAL flOOr) INSURANCE MAPS fOR AlBEMARLf CO.
3. THERE ARt' NO STRfAM 6UFf::Ft UM1TS APPUCABlf TO THJS PRDPfRT'(.
PAVING NOTES
AISLES AND PARKING A.Rf.A5: (;"VDOT 21 Oft 2fA ,2'TYPf:5M-9.5AASf'HAlT
WALKS: 4' VDaT 21 OR 21A, 4't:LA55 A3 CONC.
IN EFfECT AT THE
4. EACH OUTDOOR. LUMINARE EQUIPPED WITH A LAMP WHICH EMITS 3,CXJQ OR MORE INITIAL LUMENS
SHAll BE A fULL CUTOff LUMINARE OR A DECORATIVE WMlNAAE !Jr1TH FUll. CLIfOfF OPTICS.
5,
b,
SITE LIGHTING
SITE UGtlTlNG St'lAlL COMPLY WITH 5~CTlON 18.4- 17 Of
THE ZONING ORDINANCE. EACH OUTDOOR WMlNAlRE
EQUIPPW WITH A LAMP WHICI1 EMITS 3,CXJO OR MORE
INITIAL UJMENS srlALl BE A FULL CUTOfF LUMINAJRE OR A
DECOAA11VE WMI~A!RE WITH FUll CUTOFf OPTICS.
REQUIR.fD PARKING SET6ACt<. IS 35 fT. REQU!RED BUILDING SETBACK. IS 50 n
FIXTURE COUNT: 2 TOILETS, 2 LAVATORIES, I JANITORS SINK, I DRINKING FOUNTAIN
3 HOSE BIBBS.
SITE BENCHMARKS:
SURVfY CONTROL POINT T-2
POINT T-2. NAIL WJTH flASHER ELEV. 577.52
THE STREETS IN THIS 5U8DtVISK>N MAY NOT MEET THE STANDARDS FOR ACCEPTANCE INTO THE SECONDARY
ROAD SYSTEM OF STATE HIGHWß.YS AND WILL NOT BE MAINTAINED BY VOOT OR ALBEMARLf COUNlY.
::!:
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OFFSTREET PARKING
PARKING SPACES ARE 9'
PLAN NOTES
)ð(ATER AND SEWER GENERAL
TOPOGRAPHY BASED ON SURVEY ROUDABUSH
GALE o$A5SOC., INC., DATED 2-17-:39
FT. OVERHANG AT lANDSCAPED AM.J>.5 EXCEPT NO OVERHANG AT SIDE'WAIR3.
ACCESSIBt..f ADJACENT AISLE SPACE.
8' OVERAll (MJN!MUM) WITH 2
MINIMUM WITH 8' WIDE VAN
24' WIDE MIN.
WORK SHAll BE· SUBJECT TO JNSPECTION BY ALBEMARLE: COUNTY
:>ERVICE AUTHORITY INSPECTORS. THE CONTF?ACTOR W1ll BE
RESPONSIBLE FOR NOTIFYING THE PROPER SERvICE AUTHORITY
OffiCIALS AT THE START OF WORK.
THE SPilLOVER Of UGHTING fROM PARJ\ING AA2.A lUMINAIRES
ONTO PUBLIC ROADS AND PROPERTY IN RfSIDENTIAL OR.
RUMl ARUS ZONING DISTRJCTS SHAll NOT fXCEED ONE _ HAlf
(J/2) FOOT CANDLE. MAX. POLE HT: 20 FT. ABOVE GRADE.
HANDICAP SPACE IS ð' B'
ALL PARJ."..!NG LOT AISLES ARE
2. 1HE loa TION Of EXISTING UTILlnES ACROSS OR ALONG THE
liNE OF THE PROPOSED WORK AM. NOT NECESSARILY SHOvVN ON
THE PLANS AND 'NHERE SHOWN ARE ONLY APPROXIMATELY CORJæCf
ïHE CONTRACTOR SHAll ON HIS OWN INITIATIVE LOCATE ALL
UNDERGROUND UN~ AND STRUCTURES AS NECESSARY.
2'
CONTOUR. IN'TERVAl:
SHOPPING CENTER
50lJrHSIDE
AND
STORMWATER MANAGMENT BMP
THIS SITE 15 INCLUDED IN TH>:: AGREEMENT WITH LAt<.E5IDE APARTMENTS, MONTICfLLO HIGH S01OO1..,
TO USE THE DOWNSTREAM LJ..t<.E A5 REGIONAL STORMWATER, DETENTION AND BMP.
BOUNDARY INFORMATION BASED ON
THE FOLlOMNG PLATS.. SITE F'LAN5
ROUDABUSH * GALE A5SOCfATE5, ÎNC
All MATERIAL5 AND CONSTRUCTION SHALL COMPLY WITH GENERAL
'}lATER AND SEWER CONSTRUCTION SPECIACAT10NS A5 ADOPTED BY
HiE ALBEMARLE COUNTY SERVICE AUTHORITY ON JANUARY 5, 1998
fOR ALL ELEVATIONS SHOWN IN NATiONAL GEODETIC
3,
AFFROVAl5
RESPONSIBLE. FOR NOTIf'r1NG 'MISS
BE
DATUM
SUR.VEY.
T!iE CONTRACTOR. SHALL
uTILITY" (I BOO 552 7oo!
10.12-04
SITE PLAN BY JOHN GREENE P.E.
fOR. MILL CREEt<. MARY£T .. CAR WA5,'i
DATED 5-30-00
PLAT BY THOMAS B_ LINCOLN
LAND SURVEYOR, INC., DATED
Of HIGHWAì"5
VIRGINIA DEPT.
DEPT. Of - PtANNlt.I(;
AND COMMUNITY DEV
DETAIL REFEREN8E SYSTEM
ALL WATER. AND SEWER PIrES SHALL HAVE A MINIMUM OF 3
FEET Of COVER MEASURED FROM THE TOP Of PIPE, OVER TH
CENTER UNE Of PIPE. THIS INCLUDES ALL ARE HYDRANT UNES,
~;'ERVICE LATEMl5 AND WATERUNES, ECT.
DETAIL NO
LOCATED
ALL WATER. AND SEWER APPURTENANCES ARE TO BI
UUT51DE Of ROADSIDE DIT01ES.
OF HEALTH
VïRGINIA DEPT.
i5EPT."0!"U ENGINE/RING
Ýl_
''':ALVES ON DEAD END UNES SHALL BE WDDED TO PROVIDE
¡\DEQUATE RESTRAINT fOR THE VALVE DURING A FUTURE EXTENSION
ð,
.
043(;
CATE:
1-22-04,
DRAWN;
WP NKJ..
-
CS
OF 3
7
ALBEMARLE COUNTY
SERVICE AUTHOR/lY
ALBEMARLE COUNTY BUILDING QfFICIA;
DEPT. or-ZOÑiÑG------------
ALBEMAf.lE COUNñ-~-
SMALL SCALE REFERENCE
LARGE SCALE DETAIL
LOCATED ON SHEET NO
RfSULT5
0_ ,'I., ~ACKFLOW PREVENTION DEVICE AND A PRESSURE REDUCING VALV
t\.1:Œ' REQUIRED ON THE DOMESTIC WATER SERVICE LINE
PROVIDE ACSA COMPACTION TEST
CONTRÞ.CTOR SHAll
02"".1 ;;J1VJ£
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ALBISTON
ASSOCIATES
198 Spotnap Road
Suite B-3
Charlottesville, VA
22911
P 434/295-6618
F 434/29S-6628
a:Jbiston@cstone.net
ATTACHMENT A
/
/
/
./
/
NOTES
I.au. plan (0.- 20 scale. pI~ provided' by The
GútItS Group. winl pfan received Novwnber- 8,
2001.
2.lnterio,.. tTMs, shnlbs, and screenin¡ material
add~ss ARB Stindlrds and o"pter IB, Sacûon
32.7.9 of Albemarle County Ordinance. All ÏI1trt'ior
tree5 are to be 2.5·3" caI. 12.1"'ht..unJeu
ocherwisenoted in plant/In.
.
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ro
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U rd
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C OJ -0
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/
/
APPROXIMATE lOCATION OF SIGN
AND CORRi!SPONDING P~/<mNGS
ANNUA~'AND PERENNIAl, PlANT INFlll
/
12-)OFT TOUCH' HOllY
/ I O-'BRllllANTISSIMA' $iHOKEBERRY
(5' O.c.
//
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4-:)(95 I,ANTERN' GOLDENRAINTREE
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'SOFT TOUC;ZH' HOllY
(S:
'l:ONOY' VIBUR~ÚM
\ /
"\ /,//,'
-,,/' /,/ //
" ./\..
HORE$T ïNSY' REDBUD
REST PANSY' REDBUD
25-'RUBY SPICE' SUMMERSWEEr
2-WlllOW O~K .
()/
/
4-'ROSE LANTERN' GqLDENRAINTREE
I
32-'COMP~CTA' NANDINA
T NOTES
SPADE-CUT BED
ca~.
12-14' Hr.
~
~
12-14' tiT.
1.5-1.75'
2...5-3- co!
2.5-r col.
~I
~I.
SIZE
2.5-3"
2.5-3'
T ROOT T
.""
.&8
~
....
....
NAME
'Forest Ponl)" Redbud
'Autumn PUrple' Ash
~ lantern' GoldenrointTC"
Willow
'Allee'
Elm
COMMON
Oak
Ch¡ne$e
3.No trees cun-ently ~ on site, and UJerefont
tree proteaion measures will not be necesuf)'.
"'.'MIeeI stops, curbin&. or other !wrien¡ wll be
prtlYkfed to prevent damap to the proposed 0'
eJâstln,landsapinl in the areas...mere parlc.in.
5pacllSf.lceth.~
QTY. ~ANICAL
TREES
9
3
.
2
.
T
Cereis ccnadeneis 'ForM Panay'
F'ruxfnua ameriCClno 'Autumn Purple'
'RoM Lantern
Koelreuterio poniculata
QuercUI phellos
NAME
'Allee
Ulmus porvif1ol
SHRUBS
.
DATE: 11/22/04
REVISiON: 12/27/04
o IO.TR.EE WALlS
When tile ¡round level must he lowered within the driplinl:' of I (ree to h
saved, a tree wall shall he provided <U1d a constn.taìoll det:liJsubl'l1ittedrol
appt"Ovar.
4.EQUIPMENT OPERATION AND STORAGE:
Hu..y equipment, vchicul3r traffic and ~e of o::onstnlccJon materials
ìncJudìol soil shall not be permitted within the driplines of tre~ to be salll
o
CONSERVATION PLAN CHECKLIST:
(Virginia Erosion and Sediment Control
Handbook,pp, 11/-284-111-297 for
complete specifications)
~
SP.
24" HT.
24-30· Hr.
~
15-1S'
J gal.
J gel
~l
~I
.,,"
'Brnliontisslmo' Chokeberry
'Ruby Spice' Summel"!lw,
'SoIl Touch" Jopanese HoUy
'Com pac to' Nandi no
'Otto Luyken' ChenylalJ~1
Aronio orbutlfolio '8rilliontllsimo'
Clethro (I/nlfol1o 'Ruby Spi,
lie x ere nota 'Soft Touch'
domhtlco 'Compoc'
10urocetQlus 'otto Luykel
Nandil
Prunl
10
40
24
59
25
SCALE: I"~ 20'-0'
~
I
SHEET:
L
¡q
OWNE/!, SIGNA TUR
CONTRACT PUR.CI-fASERSIGNATUR;
o I ¡. TRENCHING AND TUNNEUNG:
When tfenchinz Is required within the limits of the ClcaMng, it 51.411 be dOl
u far away from ch~ trunks of me Irens <U po55ible. Tunneling "nder a lar,'
tfee shaJI be cQnsídered:u õ1I1 alternative when it is anticipal«l tI.u
ne<essõl.l)' UloI'ld1illl wiU destroyfeede¡-roou.
me JUt item removed ( yrinC thc final (!
¡). DAMAGED TREES,
Dam¡gcdtrccsshallberre¡tedlmmediatclybypruning.rertiJiza¡¡""
other methods recommended by a tree speo:;ialiSL
THE CONTRACTOR ON TREE CONSERVAT!ON REQU¡REr-¡ENTS
o I2.C~NUP:
Protc:cttvefencinlsh
o
S. SOIL EROSION AND STORMWA TEll. DffiNTION DEVICES
Suo:;hdevicesshill notadven;e~affecttrees.tobeuved.
feel of the dripline of trees to be sav«l.
a.PROTECTIVE fENCING
Tree proteo:;tlve fencing sila [ be shown and identified on the plan for aJI
trees that are to be preserved and protected and are located within 40
feet ofa proposed building orland dislUrbing activity. St:Ite clearly on th
plan that "Noland disturbinl activity shaU begin until the uee plVtec:ûve
feo:;ing has been installed by the contraCtor and inspected and approved b
the County Engineering Department"
D9.TR.EEWElLS:
When the ground level must be lowered within !:he d..-ipJone of a tree Ie be
saved, a tree well shaH be provided and ¡ construction dewl submitted for
100 feet of the dripline of trees
I
7.TOXIC MATERIAlS:
T Q){ic materials shl. not be nored withi
be¡¡ved.
o 6flRES
F¡re.¡ are notpermittedw;u,j
o
o
o
.
limitsofd~rin&-
2.MARKINGS·
All trees to be saved shall be markod with print or nbbon at a hei
V~ib'etoequipmentoperaton
No gradioJsnail bezin uotilthetreemarkJngh;ubeeo ,___ u~
appro'/ed by a County In~tor
W!U,!h
I. THE FOLLOWING SHAll BE SHOWN ON THE PlAN:
Trees to be saved;
Lmlts of clearing (outside drip line of trees to be saved);
lOOltlon¡tndrypeofprotectivefencing;
Grade (h:anges requiring troe wells or walls;
Proposed trenching or D..mneJin¡: beyond the
reVIew,
b.
,
3. PRE.CONSTRUCTlON CONfERENCE:
Tree pr~erY.ition and protection measures
o
o
o
15 Spaces
2 Trees
12 Trees
later date
INTERIOR TREES:
Proposed On-Site Parking Spaces:
Required Parking Area Trees at I Tree/I 0 Spaces:
Proposed Parldng Area Trees:
Ii
Incorporated inloplõlJ1t
b.
slopesareSeleCtedduringSirepJandevetopmentphase,spCCifJedqyanrjtics;u¡d sizes wi
4/0 LF
10 Trees
14 Trees
CANOPY:
~rea: 58.370 SF
Required Canopy: 5837 SF
Proposed Canopy: 10,578 SF
INTERIOR STREET TREES:
Interior Road Frontage:
Required Street Trees at 40' a.c.
Proposed Street Trees:
NOTE:
.
B
Tue Feb 22, 12:02:19,2005
411tP;Adj8CentOwners
Scale 1 :5813
Txt Road Names
2003 Parool Labels
County of Albemarle
Roads
.
Txt Road
:2005
Map:
Driveways
2003 Labe!s
Img
·
f-f~s t
~
ATTACHMENT C
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 McIntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
May 16, 1996
Cathcart Properties & Denico Development Co
A TfN: Rip Cathcart
1244 Swan Lake Drive, Suite 303
Charlottesville, VA 22902
RE: ZMA-95-21 Cathcart Properties & Denico Development Co
Tax Map 91, Parcel 2
Dear Mr. Cathcart:
· The Albemarle County Board of Supervisors, at its meeting on May 8, 1996, approved the
above-noted request to rezone approximately 11.6 acres from R-l to PD-SC. Please note that
this approval is subject to the following proffers:
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 proffereçl 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.
1. The following uses shall be prohibited:
22.2.1. a.3
22.2.1. a.7
22.2.1.b.9
22.2.1. b.22
24.2.1.2
24.2.1.4
24.2.1. 9
24.2.1.20
Department store.
Furniture and home appliances (sales and service).
Indoor theaters.
Automobile, truck repair shop excluding body shop.
Automobile, truck repair shop.
Building materials sales.
Factory outlet sales - clothing and fabric,
Hotels, motels and inns.
·
2/2-
ATTACHMENT C
Page 2
May 16, 1996
24.2.1.24
24.2.1.25
24.2.1.32
24.2.1.34
Modular building sales.
Motor vehicle sales, service and rental.
Sale of major recreational equipment and vehicles.
Wholesale distribution.
2. Development of the property shall be in accordance with the plan titled "Avon Street
Retail Development" initialed WDF, 3/27/96.
If you should have any questions or comments regarding the above-noted action, please do not
hesitate to contact me.
Sincerely,
IJ.()J~ Ii-
V. Wayne C' mberg
Director of lanning & Com unity velopment
VWC/jcf
cc: Ella Carey
Amelia McCulley
Jo Higgins
Hill Crest Land Trust & Hurt Investment Co
'~3
·
·
·
Origin ATTACHMENT C
Amendeo I""rorrer
-
(Amendment #_)
PROFFER FORM
Date: May7, ~ 996
ZMA # 95-21
Tax Map Parcel{S) # 91-2
11 . 6 Acres to be rezoned from R-l
to PD-SC
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or
its duly authorized agen~ 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.
(1) See Attached Sheet.
hH k:iC;;E ni¡t D
t,iAY D 7 1996
~; r.
~ ¡ ':'.i n n I r¡f"i r '~,..., ,,-,,+
" .t......_..,J; ¡,;f:¡~ ~tl..:*'t1t
ct~.( L.s itl, fI-v'1l-
Signatures of All Owners
sI..q, {'¿-t I . ç<..l. ~f
H-.lLcr,¿s.+ 4"'tL ÎVv¡st-,'
~ !- ~I/;I
( -:, ,. .~ .- . ~;Y
Printed Names of All Owners t
-' ./ 7
{:(.<--{¿. / - ---4;;
TYl/ 5f..J2~ S
~v .7: 9 ¿
DatJ
¿,~\{ ~ 9 ~
OR
Signature of Attorney-in-Fact
(Attach Proper Power of Attorney)
Printed Name of Attorney.in-Fact
PROFFORM.wPD
Rail. December 1994
vr
r
I
I
,
I
1. Th~ following uses ihalI
I
22.2.l.a.3 :
22.2.l.a.7
22.2.1.b.9
22.2.I.b.22
24.2.1.2
24.2.1.4
24.2.1.9
24.2.1.20
24.2.1.21
24.2.1.22
24.2.1.23
24.2.1.24
24.2.1.25
24.2.1.32
24.2.1.34
ATTACHMENT C
,It
be prohibited:
RECEj4¡~5~)
.......']9J~ t ,¡,;'1.r..:O_~:::'';f
Department Store MAY 1 6 1996
Furniture & home appliances (sales & service)
Indoortheaters - Planning DA~f
Automobile, truck repair shop excluding body shop' .,,-,µ~"
Automobile, truck repair shop
Building materials sales
Factory outlet sales-clothi!1g & fabric
Hotels, motels, & inns
Light warehousing
Machinery & equipment sales, service & renral
Mobile home & trailer sales & service
Modular building sites
Motor vehicle sales, service & rental
Sale of major recreational equipment & vehic les
Wholesale distribution
2. Dt::velopment of the þropeny shall be in accordance with the plan titled ' Avon Street
Retail Development" initialed WDF, dated 3/27/96.
i
!
I
Nd!r;r-e-s+ !.ð>nJ (rv.sf-.. /~
r"; / -~J ;;
-.L:/'{¿~~ ¿(.¿, ,--h"--:-~)
Signatures of All Owneo~s
¡
c/, ÒA( I~ ç tV'( (-0.rf
Printed Names of Ail Owners
.:jhh ,-
Date
Il"o )
;1 .'
j/// :'/,
f1 ,;.(/(.¡
--r I
/
S¿rLy ¿ í;s4~+--
~
~_._- -~...-
OR
i
Signature of Attomey~Ini-Fact
(Attach Proper Pow~r otjAttorney)
;
I
- _.-
Printed Name of Attorney-In-Fact
Date
2c;
ATTACHMENT D
·
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5823
Fax (434) 972-4126
January 19, 2005
Nancy Long
The Gaines Group
PO Box 6255
Charlottesville, VA 22902
RE: ARB-2004-150: Second Bank & Trust Southside - Preliminary Review of a Site
Development Plan and Advisory Review for a Special Use Permit (Tax Map 091, Parcel
202)
Dear Ms. Long:
· The Albemarle County Architectural Review Board, at its meeting on January 3, 2005, completed
a preliminary review of the above-noted request. The Board took the following actions.
Reaardina the Special Use Penn it, the Board by a vote of 4:0, forwarded the following
recommendation to the Planning Commission:
The ARB expresses no objection to the special use permit for the drive-through as illustrated
in the site plan dated 11/22/04 and the architectural drawings dated 11/5/04.
·
Reaardina the Site Development Plan:
The ARB made the following comments for the applicant's next submittal:
1. Label all proposed materials on the drawing. Submit samples of all proposed materials for
review.
2. Choose a brick and mortar combination that works well with the building form, standing
seam metal roof form, etc. All of the colors on the building, including the precast and
polished block colors, shall be coordinated.
3. Coordinate the location of all on-site accessories with MEP and all local utilities. Integrate
any such equipment or accessories into the site layout by utilizing inherent topographic
conditions or placement of buildings on the site. Indicate in writing that all such equipment is
shown accurately in terms of number and placement on the layout plan,
4. Indicate all locations of underground and overhead utilities and associated easements on
the planting plan,
5, Provide rounded contours that meet existing conditions with smooth transitions.
6, Provide groundcover or other planar planting in the area immediately around the bank
building.
7, Provide complete information on all site lighting proposed, including manufacturer's cut
liP
ATTACHMENT D
sheets with all options identified (fixtures, lamps proposed, fixture finish. etc.) and a
photometric plan of the site. All site fixtures shall be full cut off,
8. Provide complete signage details including color, size and character of each sign. Provide a
consistent, comprehensive plan for wall signs throughout the site. Provide a completed
signage checklist of requirements.
9. Do not include the lot C building footprint or associated improvement on site plan until the
architectural designs are ready for review.
You may submit your application for continued ARB review at your earliest convenience.
Application forms, checklists and schedules are available on-line at
www,albemarle,orq/planninQ.
Revised drawings addressing the comments listed above are required. Please include a memo
outlining how each comment has been addressed. If changes other than those requested have
been made, identify those changes in the memo also.
If you have any questions concerning any of the above, please feel free to call me.
Sincerely,
~~~~
Amy Arnold
Landscape Planner
Planning Division
/aer
C: Cola LLC
PO Box 744
Charlottesville, VA 22902
Stephen Waller
2-1
.
.
.
ATTACHMENT E
THE GAINES GROUP
~ + RE:ElcENnAL.AA:Hrë:c:rLIæ:
INTERI::RB + SITE ~
December 20, 2004
Mr. Stephen B. Waller, AICP
County of Albemarle
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902-4596
Re: SDP-04-103
Second Bank & Trust
Dear Mr. Waller,
Pursuant to comments made at the site review meeting of December 14th and in
accordance with Section 4.2.5 of the Zoning Ordinance, we are hereby making this
request for modification of the requirements of Section 4.2 of the County Zoning
Ordinance (critical slopes) for the above referenced project.
Construction for this project dictates that a drive through lane and related improvements
be constructed on a small area of man-made critical slopes on the eastern margin of the
building area of the site. Additional man-made critical slopes along Mill Creek Drive are
to be graded down in such a manner as to create a gentler finished slope which will
facilitate a more attractive landscaped buffer along Mill Creek Drive. Critical slopes east
of Parham Circle are to be left undisturbed with exception of such grading as may be
required to close the existing sediment basin,
It is our contention that the intent of Section 4.2 of the Ordinance would be furthered by
the granting ofthis waiver for the following reasons:
1. The slopes in question are man-made and constitute a relatively small portion
of the site. The critical slopes that exist on the site are the result of cut and fill
operations during the initial development of Creekmill and construction of
Parham Circle and Mill Creek Drive.
2. The natural slope of this portion of the Creekmill Subdivision prior to
construction of existing improvements ranged ftom 14% to 20%. Prior to
construction of Parham Circle slopes on the site were within the criteria for
buildable area as defined in the Ordinance and would not have required this
waIver.
In response to specific concerns of Section 4.2:
1, The site will be stabilized during construction in accordance with the Virginia
Erosion and Sediment Control Handbook. Following completion construction
P. O. Box 6255 .:. CHARLOTTESVILLE, VIRGINIA 22906 .:. [434) 979-5245 FAX (434) 979-9126
lB
Stephen Waller
December 20, 2004
ATTACHMENT E
Page 2
operations, shallower slopes and indicated plantings are intended to prevent
movement of soil.
2. Stormwater runoff will be diverted from this slope by placement of curb and
gutter and associated drainage structures indicated on the Site Plan.
3. The aesthetic resource of principal concern in the development of this site is
the view from Mill Creek Drive and from its intersection with Avon Street
Extended. The proposed grading along Mill Creek Drive is intended to flatten
the slope for purposes of installing the 35' vegetative buffer proffered at the
time of the rezoning to PDSC. The reworking of the slope will allow the
plantings to be viewed and appreciated from the road, thus eliminating an
otherwise unattractive existing cut slope.
4. Drinking water supplies and flood plain areas are unaffected by this
development.
5. Public water and sewer facilities already exist on the site, so septic systems
and related problems are not an issue.
We would therefore assert that the intent of Section 4.2 of the Ordinance and,
consequently, the public interest would be better served if this development is allowed to
proceed as planned.
I trust you will recommend approval of this request.
If you have any questions or comments, please don't hesitate to call me at 979-5245.
Very Truly Yours,
THE GAINES GROUP
--
S
cc: COLA LLC
ztj
STATE AND LOCAL GOVERNMENT CONFLICT OF INTERESTS ACT
TRANSACTIONAL DISCLOSURE STATEMENT
For Officers and Employees of
Local Government [Section 2.2-3115(E)]
1. Name: David P. Bowerman
2. Title: Rio District Supervisor
3. Agency: Albemarle County Board of Supervisors
4. Transaction: March 16, 2005 Agenda: ZMA 2004-016 Glenwood Station and
SP- 2004-061 Glenwood Station
5. Nature of Personal Interest Affected by Transaction:
I receive compensation of more than $10,000 annually from Parkside I, LLC., 690
Berkmar Circle, Charlottesville, Virginia 22901 (the applicant for this rezoning
and special permit and the owner of the property identified as TM 61 P 129F that is
the subject of this transaction) and I have an ongoing business relationship with
George W. Ray, Jr., a principal in Parkside I, LLC., including an ownership
interest in DEMREP, LLC. in which Mr. Ray also has an ownership interest.
6. I declare that:
I am disqualifying myself from participating in this transaction and request that this
fact be recorded in the appropriate public records for aferio~ O;f~v~ years.
Dated: March 16,2005 .....;¡/;-.::.,';)( i/'~:::~ ¿ ;>r
L ' ~... Signature
.
.
.
J=
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5823
Fax (434) 972-4126
March 4, 2005
Parkside I LLC
690 Berkmar Circle
Charlottesville, VA 22901
RE: ZMA 2004-016 Glenwood Station; Tax Map 61 Parcel 129F
AND
SP 2004-061 Glenwood Station Drive-through
Tax Map 61 Parcel 129F
Dear Sir or Madam:
The Albemarle County Planning Commission, at its meeting on February 22, 2005, unanimously
recommended approval of the above-noted petitions to the Board of Supervisors.
Please note that this approval is subject to the following conditions as recommended in the staff
report:
1. The outside lane is dedicated to bypass traffic only.
2. The drive-through window as part of a financial institution shall be limited to three (3) lanes
that follow through to the teller windows and the A TM machine.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on March 16,2005, Any new or additional information
regarding your application must be submitted to the Clelk of the Board of Supervisors at least
seven days prior to your scheduled hearing date,
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me (434) 296-5823.
Sincerely,
f!Æt~
Senior Planner
Planning Division
ZMA-04-16 and SP-04-61 Glenwood Station
March 2, 2005
Page 2
Cc: Mark Keller
Terra Concepts, PC
200 6th Street, NE
Charlottesville, VA 22902
Ella Carey
Amelia McCulley
Jack Kelsey
Steve Allshouse
.
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
CLAUDETTE GRANT
FEBRUARY 22, 2005
MARCH 16,2005
ZMA 2004-16 GLENWOOD STATION
SP 2004-61 GLENWOOD STATION FINANCIAL INSTITUTION DRIVE-
THROUGH
Applicant's Proposal:
.
Glenwood Station is a mixed use development currently under construction. The office
portion of the development was approved by special use permit SP-2003-049. A rezoning
to allow Planned Residential Development (PRD) with a special use permit for office use
was approved April 7, 2004. The applicant would now like to have a drive-through bank
which cannot be accommodated with PRD zoning. A Neighborhood Model District
(NMD) is now being requested with a special use permit for the drive-through. The
application plan is Attachment A and the Code of Development is Attachment B. The
Special Use Permit would allow development of a drive-through window as part of a
financial institution to include a total of three lanes, with one being dedicated to an ATM
in accordance with Section 20A.6 b.l of the Zoning Ordinance which allows for drive-
through windows serving or associated with permitted uses in a Neighborhood Model
District. The property is located on the south side of East Rio Road, directly across from
Rio East Court and between Fashion Square Mall and Squire Hill Apartments.
Petition:
The applicant's request is to rezone from Planned Residential Development with Special
Use Permit for Office Use zoning district, to Neighborhood Model District with Special
Use Permit for a drive-through window as part of a financial institution in accordance
with Section 20A.6 b.1. The property, described as Tax Map 61, Parcel(s) 129F, contains
9.31 acres, and is located in the Rio Magisterial District on the south side of East Rio
Road, directly across from Rio East Court and between Fashion Square Mall and Squire
Hill Apartments, Route 631, approximately 1,600 feet from the intersection of Route 29
and Rio Road East. The Comprehensive Plan designates this property as Urban Density,
recommended for 6.01-34 dwelling units per acre in Neighborhood Two.
Character of the Area:
The property is located on Rio Road (Route 631) and faces Rio East Court. The site is
adjacent to Fashion Square Mall, Squire Hill Apartments and Aldersgate United
Methodist Church. The area in the vicinity of the proposed development is developed
with office space, commercial shopping space, a dense residential development and a
financial institution with a drive-through is located across the street.
.
Staff has recognized that there are several existing financial institutions and fast food
restaurants that all have active drive-through windows within a one-mile radius of this
1
site. These establishments are located to the north on Rio Road and Route 29, and to the
west on Route 29 South.
RECOMMENDATION
Staff has reviewed the proposal for conformity with the Comprehensive Plan and the
Zoning Ordinance and recommends approval of the Zoning Map Amendment and special
use permit with conditions.
Plannin!! and Zonin!! Historv
On October 15,2003 the Board of Supervisor's approved a special use permit (SP 2003-
49) with conditions to allow professional offices as part of a mixed-use development, in
an R-15 zoning district. On April 7, 2004 a request for a Zoning Map Amendment and
Special Use Permit (ZMA 2003-13 and SP 2003-92) with conditions from R-15 zoning
district with special use permit for office to Planned Residential District with special
permit for office was approved by the Board of Supervisor's.
Applicant's Justification for the Request:
The applicant has provided a narrative in support of his rezoning which is located in the
Code of Development (Attachment B). The applicant has made the following key points:
Their marketing studies have shown that the demand is quite high for both commercial
and residential uses at this location. The property is located within Urban Neighborhood
2, which is a designated growth area in Albemarle County. The applicant has met with
several staff persons to discuss the need for more density and diversity within the
proposed development, and has received receptiveness to their needs from the staff. The
applicant has incorporated many of the Neighborhood Model concepts into the design of
Glenwood Station, including a mix of use types.
The approved plan for Glenwood Station is comprised of three commercial buildings
with a total of 64,000 gross square feet of office space and two buildings of three stories
and a third building at two stories in height. The proposed plan maintains the three
commercial buildings with an increase of 14,000 square feet to a total of 78,000 gross
square feet. The proposed plan would make all three buildings three stories. The current
approved plan also includes five condominium buildings including 38 units and 28
townhouses. The proposed plan would increase the number of condominium units by 12
to 50 units, which is accomplished by introducing 2 units in a lower level of one building
and combining two 9 unit buildings into one larger building with 28 units and structured
parking below. The number of townhouses would remain the same as originally planned.
Bv-ri!!ht Use of the Property:
With a zoning classification of Planned Residential Development (PRD) , the property
could be developed into residential uses, limited recreational uses, utility and
communication facilities, public uses and buildings, temporary construction uses,
2
.
·
·
·
. ·
·
.
accessory uses and structures, homes for developmentally disabled persons, storm water
management facilities, Tier I and Tier II personal wireless service facilities. Special uses
in PRD include child care facilities, fire and rescue squad stations, rest home facilities,
electrical power substations, transmission lines and related towers, home occupation,
Class B, churches, parking facilities, limited athletic facilities, professional offices, and
Tier III personal wireless service facilities.
Comprehensive Plan and The Nei!!hborhood Model:
Requests for a zoning map amendment within the Development Areas are assessed for
conformity with the Neighborhood Model (NMD) and the Land Use Plan.
The Land Use Plan shows this area as Urban Density, which should:
Have a gross density of between 6.01 to 20 dwellings per acre, with possible
densities of up to 34 dwellings per acre under a planned development approach.
Be located within the Urban Area and Communities only. This designation may
be appropriate within Villages.
Accommodate all dwelling types as well as institutional uses such as places of
worship, public and private schools, and early childhood education centers
including day care centers and preschools.
Not be for developments at densities below 6 dwellings per acre.
Occur within the designated range of 6.01 to 34 dwelling units per acre and, to the
greatest extent practicable, maximize the developed density with a form in
keeping with the Neighborhood Model.
· Development densities should ultimately be based on environmental criteria, road
function and condition, available utilities, adjacent land uses, and site
requirements.
· Be able to accommodate areas of non-residential land uses on the scale of
Neighborhood Service and Office Service.
· Accommodate site development based on standards in both the Comprehensive
Plan and Zoning Ordinance.
The density of the proposed project is consistent with the Urban Density classification.
The addition of commercial use in this area provides for a mixed-use area of the County.
Many services for the residents are within walking distance of the proposed development.
The Open Space Plan does not show any significant environmental features on this
property.
The ways in which the proposed project meets the twelve principles for development in
accordance with the Neighborhood Model are provided below.
3
Pedestrian Sidewalks are provided throughout the development, around all
Orientation buildings and parking. Sufficient pedestrian access is provided.
Neighborhood The proposed street will include streetscape elements, such as street
Friendly Streets trees and will provide sidewalks for pedestrians. It will also allow
and Paths better distribution of traffic.
Interconnected The proposed street will connect the development to Rio Road and
Streets and also to Fashion Square Mall.
Transportation
Networks
Parks and Open The development will include a basketball area located in the parking
Space area for one of the commercial buildings. It might not be considered
an ideal location, however, depending on the type of commercial use
located in this building one might be able to access the basketball
area after business hours. The development will also include a tot lot
area, a couple picnic areas and a pool and fitness facility. The
proposed amenities appear to be adequate.
Neighborhood The property is located in an area near several centers, including the
Centers Fashion Square Mall and other nearby shopping centers. The location
of a multi-unit complex near these shopping centers is a very positive
aspect of this proposal.
Building and Elevations of the development were provided for the PRD. The same
Spaces of Human elevations are now contained in the Code of Development as part of
Scale the rezoning. They adequately address desired scale and massing.
Relegated Parking Parking for the office use is mostly relegated to the side and
rear of the buildings. Given the peculiar shape of the site, the
setbacks, the applicant's use of shared parking and
landscaping treatments, the parking solution is acceptable.
Mixture of Uses This is adequately addressed with the varied residential options and
commercial uses available.
Mixture of Housing There are two housing types shown. Affordable housing was
Types and addressed in the last rezoning. The applicant stated that he discussed
Affordability the topic during the last rezoning and was not asked to make a
commitment. No additional commitments are provided.
Redevelopment This is an infill development. Redevelopment did not occur.
Site Planning that This principle is met.
Respects Terrain
Clear Boundaries Given the location of this site, this principle is not applicable.
with the Rural
Areas
ZMA 2004-16 - Rezonin2: from PRD - Planned Residential Development to NMD-
Nei2:hborhood Model District
STAFF COMMENT:
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Relationship between the application and the purpose and intent of the requested
zonin!! district The purpose and intent of the Neighborhood Model (NMD) district is to
establish a planned development district in which traditional neighborhood development,
as established in the County's Neighborhood Model, will occur. The NMD provides for
compact, mixed-use developments with an urban scale, massing, density and an
infrastructure configuration that integrates diversified uses within close proximity to each
other within the development areas identified in the comprehensive plan. The existing
Planned Residential Development (PRD) zoning district provides for flexibility and
variety of development for residential purposes and uses ancillary thereto.
The application is for a dense mix of uses in the development. The existing PRD zoning
was primarily for residential uses. However, there is a Special Use Permit for office uses
as well. The NMD will allow the residential uses and increase flexibility in the
office/commercial uses that may include such things as a newsstand, dry cleaners, and
financial institutions to name a few. The following uses are permitted by special use
permit in the NMD: drive-through windows serving or associated with permitted uses,
and outdoor storage. The NMD allows for such things as a financial institution. The PRD
district does not allow this use, and a financial institution is a proposed use in this
development. The Comprehensive Plan indicates that Urban Density Residential areas
will accommodate areas of non-residential land uses on the scale of Neighborhood
Service and Office Service. PRD, PUD or NMD could fit into this category of Urban
Density. A concurrent request for a drive-through window is under review with this
application.
Public need and justification for the chan!!e The County's policy for encouraging
development at higher densities within the Development Areas provides a public need
and justification for the request. Form and design are as important to a successful
project, though, as the density.
Anticipated impact on public facilities and services No additional impact from the
previous rezoning is expected for transportation, water and sewer, schools, and
stormwater management.
Anticipated impact on natural. cultural. and historic resources - No impact is
anticipated on natural, cultural, or historical resources of the County.
SUMMARY
Staff has identified the following factors, which are favorable to the rezoning request:
1. The rezoning is in keeping with the Comprehensive Plan.
2. The proposed use provides for a "mixed-use" community in this part of
Neighborhood Two.
5
3. Residential uses are supported by a pedestrian network, public services
(schools, fire, and rescue services, transit) and close proximity to shopping
and employment.
Staff has identified no factors which are unfavorable to this request.
RECOMMENDED ACTION: Staff recommends approval of the rezoning. It
confirms to the Comprehensive Plan and the Zoning Ordinance. The particular
parameters of this development are included in the Code of Development. Proffers
were not needed.
SP 2004-61 - Special Use Permit for Financial Institution Drive- Throu2h
En2ineerin2 Comments: During the review process the Engineering Department did not
have comments regarding the change in zoning. However, the following concerns were
initially noted regarding the special use permit for the drive-through:
. Not enough stacking
. A bypass lane is required for the drive-through queue.
· The outlet of a one-way three lane drive-through into a two-lane two-way
parking aisle may be a circulation concern in the future.
The Engineer and applicant met regarding the previously mentioned concerns and were
able to resolve all the concerns with the exception of one. The engineer has stated that
review for the special use permit for the drive through is approved with the condition that
the outside lane be dedicated to by-pass traffic only.
STAFF COMMENT
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance below:
The Board of Supervisors hereby reserves unto itself the right to issue all special use
permits permitted hereunder. Special use permits for uses as provided in this ordinance
may be issued upon a finding by the Board of Supervisors that such use will not be of
substantial detriment to adiacent property,
The proposed financial institution is located at the northeastern end of the subject parcel
between buildings C-2 and C-3. The drive-through will be contained on the subject parcel
and not directly impact adjacent parcels. Establishments that utilize drive-through
windows are most often characterized by the high volumes of customers that can be
served during peak hours of operation. Therefore, the concerns for the impact upon
adjacent properties are mainly focused on ensuring that the stacking and loading
movements of vehicles entering the drive-through lanes do not obstruct the free passage
of off-site vehicles that are attempting to access adjacent parcels. There is one entrance
into the financial institution from a main road that can be accessed from two different
directions, all of which are located on the subject parcel. The drive-through lanes load
from the south. Due to the location of the drive-through, between two buildings, the
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circulation pattern is such that staff has identified no significant reason for concern that
the stacking of the drive-through traffic would delay the passage off-site traffic.
Therefore, staff does not believe that the proposed drive-through window would impose
any detriment upon adjacent properties. In regards to the noise aspect, the closest
residential building to the drive-through window is approximately 400 feet away. It is not
anticipated that noise will be an issue for the residential uses in the vicinity.
that the character of the district will not be changed thereby, .
The proposed financial institution is located within an active and growing residential
development. Offices have already been approved for this district. The proposed
buildings are in character with existing buildings in the vicinity. Staff finds that approval
of this proposal would not result in changing the character to the vicinity.
and that such use will be in harmony with the purpose and intent of this ordinance,
Staff has reviewed this request for compliance with the purpose and intent of the Zoning
Ordinance, and identified no conflict that would arise as a result of its approval.
with the uses permitted by right in the district,
Section 20A of the Zoning Ordinance, entitled Neighborhood Model allows the
following: each use allowed by right or by special use permit in any other zoning district,
except for those uses allowed only by special use permit as delineated in the Zoning
Ordinance provided that the use is identified in the approved code of development;
electric, gas, oil and communication facilities; accessory uses and buildings including
storage buildings; home occupation, Class A, where the district includes residential uses;
temporary construction uses; public uses and buildings; tourist lodgings; homes for
developmentally disabled persons; and Tier I and Tier II personal wireless service
facilities. With a special use permit, drive-through windows serving or associated with
permitted uses; and outdoor storage, display and/or sales serving or associated with a by
right permitted use are allowed. This request to allow a drive-through window is
consistent with most financial institutions in this district and other similarly zoned
districts throughout the County. Therefore, it is staffs opinion that the proposed drive-
through is in harmony with the by-right uses located within this NM district.
with additional regulations provided in Section 5.0 of this ordinance,
There are no additional regulations in Section 5.0 that specifically address banks
implementing drive-through windows, automated teller machines and like facilities.
and with the public health, safety and general welfare.
Due to concerns regarding access and circulation configurations, combined with the
resultant high traffic volumes, new drive-through windows are only allowed by special
use permit. With the correction to the outside lane being dedicated to bypass traffic only,
7
staff believes that the public health, safety, and general welfare of the community will be
preserved.
SUMMARY
Staffhas identified the following factors, which are favorable to this request:
1. There would be no expected conflict between vehicles stacked in the drive-
through lanes and off-site traffic passing the entrances to this site.
2. The drive-through lane/bypass lane would offer the opportunity for customers that
do not need to access the windows to bypass the stacked traffic awaiting service.
With the exception of the requested condition for a bypass lane, staffhas not identified
any other factors, which are unfavorable to this request.
RECOMMENDED ACTION
Staff finds that this request generally complies with the provisions of the Zoning
Ordinance and the Comprehensive Plan, and recommends approval of SP 04-61 with the
following conditions:
1. The outside lane is dedicated to bypass traffic only.
2. The drive through window as part of a financial institution shall be limited to
three (3) lanes that follow through to the teller windows and the ATM machine.
A TT ACHMENTS:
Attachment A - Application Plan
Attachment B - Code of Development
Attachment C - Color Rendering of Building C-2 (Lot B) Showing the Drive-through
Attachment D - Color rendering of 28-unit Residential Condominium Building
Attachment E - Tax Map
Attachment F - Vicinity Map
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A TT ACHMENT 8
·
GLENWOOD STATION
NEIGHBORHOOD MODEL DISTRICT
REZONING REQUEST
·
18 October 2004
Prepared By:
Terra Partners, LLC
200 6th Street, NE
Charlottesville, Virginia 22902
Prepared For:
·
Parkside I, LLC
690 Berkmar Circle
Charlottesville, Virginia 22901
10
GLENWOOD STATION
NEIGHBORHOOD MODEL DISTRICT REZONING REQUEST
Introduction
Glenwood Station is a development located on the south side of East Rio Road.
Plans for its development have been approved, and the first phase of its
development is underway. Since the recent adoption of the Neighborhood Model
District, the various owners of Glenwood Station have been contemplating the goals
and objectives of this new district and considering how they might be able to achieve
those within the context of their evolving project.
By employing relatively standard development tactics and applying the original
sections of the code, they had been successful in designing an R-15-based
residential venue with commercial office uses located along the frontage with Rio
Road. However, the project's marketing results have shown that demand is quite
high for both commercial and residential product at this location. Based upon the
volume and nature of interest expressed in Glenwood Station they feel compelled to
seek both higher residential densities and a broader mix of commercial uses for the
new community.
The owners of Glenwood Station have met with County Zoning, Engineering and
Long-Range Planning staff about their new vision and all parties seem to be
receptive to the idea of capturing more density and diversity within the development.
To accomplish this, however, would require a re-visitation of a recent rezoning of the
property from R-15 to PRO. In the end it was determined that the best approach to
broadening the scope of Glenwood Station would be to have the entire property
rezoned to a Neighborhood Model District.
Several factors appear to be quite facilitative to a request of this nature. First, the
property is within the Urban Neighborhood 2 growth area and is also an infill project.
Second, as a recent Planned Residential Development, Glenwood Station's design
includes many of the Neighborhood Model concepts. Finally, because the recent
rezoning also included a Special Use Permit request of office use in a residential
zoning district, the new community also has a mix of use types.
General Description of the Request
Glenwood Station is currently comprised of three commercial buildings housing a
maximum of 64,000 gross square feet of office space, five residential condominium
II
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buildings that encompass 38 units, and 28 town homes. The latest vision for the
property, which the Neighborhood Model District rezoning would facilitate, has both
residential and commercial changes associated with it. The residential changes
would include increasing the number of condominium units by 12, to 50. This would
be accomplished by introducing 2 units in a terrace-level setting into one of the front-
most condominium buildings, as well as combining two 9-unit buildings into one
larger building with 28 units and structured parking below. These new residential
densities and configurations result in only a slightly larger footprint on the property
because while the building lot coverage is somewhat greater, area required for
surface parking is actually reduced. The town home portion of Glenwood Station
would remain the same.
Regarding the office building at the front of the community, one objective would be to
increase the gross square footage permitted in the commercial buildings by 14,000
square feet, to 78,000. The approved plans reflect two buildings of three stories and
a third at only two stories in height. The owners would like to make all three building
three stories. Further, the trend in commercial developments, and particularly in
Neighborhood Model-based developments, is to mix commercial uses. The current
PRD zoning and associated Special Use Permit allows only for office uses. A
financial institution, coffee shop and several other neighborhood convenience-related
service industries have also expressed strong interest in locating within the
commercial buildings. The owners and those that have already committed to office
space in Glenwood Station see diversifying the commercial area to some degree as a
very positive step. Those representing the bank, coffee shop and related uses see
both the office tenants and residents of Glenwood Station as ready patrons of their
businesses. The uses which the owners feel would be appropriate to the Glenwood
Station setting are listed in the Code of Development.
General Development Plan
A General Development Plan, also titled Application Plan, has been submitted as part
of this request that reflects the latest and final vision of Glenwood Station. When
compared with the original, approved plan for the community one will notice very little
difference. The main reason for this is that the changes described above are largely
accommodated by adding additional floors to already planned buildings or placement
of additional parking below them. As far as broadening of permitted land uses is
concerned, they also do not reflect on plan drawings.
Height limitations for all buildings have been specified, as well as setbacks and
buffers. These are largely the same as what currently applies. The only change to
setbacks reflected on the Application Plan applies to the supplemental setback of 2'
for every l' of building height above 35'. This rezoning would eliminate this
supplemental setback requirement.
(2.-
You will note that the property has been divided into four sectors, or "blocks",
numbered 1 through 4. The parameters that will guide and/or limit development
within the various Blocks are outlined in the Code Development, which follows. The
paragraphs below attempt to describe the specific changes envisioned and how they
are to be interpreted on the Application Plan.
Block 1
Block 1 covers that part of the commercial component of Glenwood Station which
fronts on Rio Road. Within Block 1 are three lots, each associated with one of the
commercial buildings. The expectation is that diversifying the tenancy within the
commercial area will encourage cross-patronage as well as result in combined
trips for off-site visitors. Those living in and around Glenwood Station will likely
find that the broader range of services offered in the commercial buildings will
enable them to walk to meet many of their needs. A basketball goal has been
integrated into one of the more remote areas of the commercial parking lot. This
facility will likely prove attractive to both commercial and residential owners of
Glenwood Station.
Block 2
Block 2 is a small area that encompasses the first two condominium buildings,
one located on each side of the main roadway through the development. One
building will house four units and the other, formerly an eight-unit building, will
now support ten units. As mentioned before, the two additional units were
incorporated into the same building footprint by utilizing the terrace level of the
structure. As before, the two buildings satisfy some of their parking requirement
via a shared parking arrangement with the commercial area, to which they are
adjacent. The number of shared spaces has increased only to meet the
additional requirement attendant to the two additional units. This block includes a
tot lot and picnic area behind the 4-unit building that is to be enjoyed by all
residents of Glenwood Station.
Block 3
Block 3 covers the townhomes of Glenwood Station. There have been no
changes proposed for this area of the site.
Block 4
Block 4, like Block 2, is home to condominiums. A parking lot supporting and 8-
unit building was replaced by curvilinear parking along the main travelway. This
enabled a second picnic area, which was previously located behind one of the 9-
unit buildings, to be placed in a more accessible setting. Across the travelway,
two 9-unit structures were combined and a floor added to achieve a net gain of 10
units. Although 4 parking spaces were lost to accommodate a travelway to an
under-building parking deck beneath this new structure, spaces within the new
parking deck more than compensated for these losses.
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The addition of one floor of housing and another floor of below-grade parking
necessitated the inclusion of an elevator. Although costly, it has made the upper
two floors more marketable and costs are further offset by the additional units.
Finally, by rotating the new, larger building 90 degrees, it was possible to relocate
the pool and fitness facility to a more convenient location nearer the parking areas
and other residences.
Compliance with the Neighborhood Model District Principles
In the following paragraphs the owners have attempted to express how the proposed
Glenwood Station community will act, both independently and in tandem with other
properties in the neighborhood to accomplish the goals and objectives of the
Neighborhood Model District.
In general, this rezoning request is seeking more density and an ability to further
reinforce the urban character of the development. It was originally designed with
many of the Neighborhood Model principles in mind but, due to its size, it may not
accomplish or incorporate all of the principles on-site. However, because Glenwood
Station is an infill project, it is incorporating itself into an existing neighborhood fabric
comprised of a vast array of land uses and use types. It is seeking to fill a niche or
two that currently are not addressed within the neighborhood and marketplace as a
whole. As a rather small property it cannot comprehensively address all of the
principles as a stand-alone development. What it can do rather successfully is apply
all of site-specific principles to its community plan and seek ways in which its land
uses program can further fulfill the needs of the immediate neighborhood.
1. Interconnected Streets and Transportation Networks
Glenwood Station is served by a primary private roadway that connects Rio
Road to a well-traveled access way around the perimeter of Fashion Square
Mall. Sidewalks follow this roadway on both sides and each residential and
commercial structure is tied to this system of sidewalks. At each end of the
property the private walkways tie into more public sidewalks, also being installed
by the owners that run the entire length of their property's frontage on Rio Road
and with Fashion Square Mall.
2. Parks and Open Space as Amenities
The General Development Plan for Glenwood Station reflects the amenity
program that has been disbursed through the community. At the front end, a
basketball facility is proposed near the juncture of the commercial and
residential area as part of the parking area. Its location in a remote area of the
overall pavement scheme means that this area will encounter very little through
traffic and will be the last parking area to be utilized.
14
Once inside the residential district, a tot lot and picnic area are located behind
one of the condominium buildings and between that building and the townhouse
regime. At the other end of the townhouse section is a second picnic area.
Directly opposite that lies the pool and fitness center. This recreational amenity
package should address the varied interests of a broad range of age and ability
groups.
3. Buildings and Spaces of Human Scale
Buildings within Glenwood Station have a definite human scale. Commercial
buildings will not exceed three stories in height. Residential condominium
structures are seen as two, three and four-stories. Townhomes will be two and
three story, depending upon whether they have a split-level rear or not.
All building present a very inviting façade to the street and while close to the
road in some cases, are appropriately-scaled. The only large residential
structure would be the 28-unit condominium building. The owners have chosen
to rotate the building 90 degrees so that the long side of the façade is directed
away from the travelway and other units and toward the pool and fitness
complex.
4. Varying Degrees of Density
Glenwood Station's residential options vary considerably for a project of such
small scale. Structures are proposed to be two, three and four stories in height,
with the lower-rise units displaying the lowest density.
5. Mixture of Uses and Use Types
Glenwood Station is a mixed-use proposal, not a single-use proposal as part of
an overall mixed-use community. As such it is a blend of office suites,
convenience-related commercial entities, and residential accommodations that
vary in size and type.
6. Neighborhood Friendly Streets and Paths
The streets and walkways within Glenwood Station are decidedly pedestrian-
friendly. Specialty paving announces the entrances to the development at both
ends and where the commercial area interfaces with the residential zone.
These tactile areas will be where noteworthy pedestrian crossings will occur.
Further, the sidewalks that run parallel to the main travelway in the residential
section will be constructed as one continuous surface treatment and will not be
broken up materially by the numerous driveways and parking bays. This design
feature is intended to emphasize the hierarchy of pedestrians over vehicles
inside the community. Streets will be lined with landscape treatments and
tasteful lighting fixtures. Working in concert, the architecture, paving,
landscaping and other site fixtures should make for a very pleasing urban
streetscape.
IS
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7. Relegated Parking
The vast majority of the parking in the commercial area is relegated to the side
of the buildings opposite Rio Road. Those bays that lie between buildings are
screened from view by walls, landscaping or both. No commercial parking lies
between buildings and the adjacent roadway.
Required parking for town homes has been provided within garages. Only
guests need park outside on dedicated driveways. Condominium parking has
been placed in small bays or within the commercial layout for the buildings
closest to Rio Road, while a considerable number of parking spaces supporting
the rearmost units are to be placed underground in a parking deck.
·
8. Mixture of Housing Types and Affordability
Three different models of townhomes and a number of different condominium
configurations will be available within Glenwood Station. A quick analysis of the
surrounding development will reveal that a significant portion of the housing
stock within walking distance of Glenwood Station is directed at lower income
families. Squire Hill, Mallside Forest Apartments, and other neighboring
developments have made considerable strides in meeting the housing needs of
those with limited incomes or limited need for square footage. Other modest
single-family homes can be found in the Greenbrier neighborhood and on the
north side of Rio Road in Northfields and Raintree. Glenwood Station is
focusing on a residential market, one which has yet to be addressed in the
immediate neighborhood.
9. Redevelopment
Although the Glenwood Station property has been used as a spoil site for
several neighboring projects over the years, it has not been the subject of
development per se. Therefore, it cannot be demonstrated that the property is
being redeveloped.
10. Site Planning That Respects Terrain
The vast majority of the Glenwood Station tract was rather flat to rolling and very
walkable. The challenge with creating a decidedly urban-density Neighborhood
Model District will be to maintain and even improve on the walkability of the new
community's grounds. In many ways the proposed development relates well to
the existing grades of the site, yet considerable earthwork is necessary to
accomplish the grade differential between units in a dense development.
Because the native topography of the site has been lost to old fill operations,
this proposal is not struggling to re-establish pre-fill topographic conditions.
11. Clear Boundaries with the Rural Areas
The subject site is surrounded by other urban development and therefore is not
able to participate in preserving and edge between urban and rural districts.
·
(It;
12. Neighborhood Centers
The development of a pool and fitness complex goes beyond the requirement
for provision of recreational amenities, but in doing so the owners have
established a venue for gathering of Glenwood Station residents. On a similar
note, a small restaurant, coffee shop and bank located in the commercial area
will also provide further opportunity for neighbors and co-workers to meet and
socialize. While these are small centers common to Glenwood Station itself,
they do not function in the capacity of a community center for the Urban
Neighborhood 2 at large. However, Glenwood Station is adjacent to Fashion
Square Mall and very close to Albemarle Square. Each of these venues
represents a place where not only Neighborhood 2, but our entire community
meets. These "centers" offer shopping, dining, entertainment, recreation and
other services. As mentioned above, they are both stops on public
transportation routes and therefore are quite successful as gathering places for
the public, even though they are not decidedly public spaces.
Parking and Loading Study
Although the Neighborhood Model District permits a significant degree of latitude
within pre-established parameters, in the case of Glenwood Station, the owners are
asking that an already established land use pattern be permitted to expand within the
same framework. As such, many of the physical improvements, including
infrastructure and parking accommodations have not only been thought out, but
engineered and approved. In this instance, only minor modifications of the site
layout, all within the existing code requirements, are being requested.
With regard to parking accommodations, from a commercial perspective, the addition
of up to 14,000 square feet of space can be offset in a number of ways. First,
additional surface parking areas have been added to the approved plans. Second,
expanding the by-right uses for this part of the property from purely office space to
include financial institutions, service/convenience-related uses such as a dry cleaners
drop-off and copy center and small retail entities like a coffee and sandwich shop
create a symbioses between tenants and reduce the need for duplicate parking trips
outside the development. Finally, a portion of the residential parking is to still be
made available for shared commercial use.
Because all of these logistics have been rather thoroughly considered at a site
planning level, it is felt that subsequent study would not be necessary accept as will
occur administratively during subsequent site plan review.
17
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Stormwater Management Facilities
As with the parking study, most of the stormwater conveyance and management
system for Glenwood Station has been designed and some of it has been installed
and is operable. The physical changes reflected on the General Development Plan
result in very small infrastructure adjustments being required. The original design not
only segregated and separately routed off-site runoff from that being generated by
the development, but it also provided upstream extensions so that a neighboring
church property could tie into the new system and have their stormwater
requirements addressed in the Glenwood Station bio-filter/detention basin.
Architecture
Attached to this report are several renderings of the buildings and streetscapes
envisioned for Glenwood Station. Because many of the buildings have already been
designed and several are being built at this time, one can rest assured as to the
degree of commitment to the architectural program reflected on these drawings.
In general, buildings shapes will be rectangular with varying orientations based upon
property configuration and placement of other site features. Commercial and
residential condominium buildings will have their basic shapes augmented by
projected balconies, recessed spaces between projections, and slightly recessed
fenestration. The structural form of the balconies and their ground floor patio
counterparts will be offset by deep shadows created by the recessed exterior space.
Articulated canopy details will be modest and located only at the entrances to the
commercial buildings,
The buildings will be detailed with traditional shapes such as mansard roofs, 45-
degee gables, half-circle arch openings and ornamentation in the form of steel
balcony rails and EIFS applications intended to mimic stucco. Buildings will be
constructed predominantly of brick, which will be red to burgundy in color with darker
textures involved. EIFS treatments will simulate pre-cast concrete and stucco and
will be painted off-white. Roofing material will be standing-seem metal in a mansard
configuration and painted a dark green. The roof installation will serve as a parapet
to completely conceal roof-mounted HVAC equipment, all of which will be roof-based.
Glass will be tinted but not reflective.
Code of Development
A Code of Development matrix is attached on the following page(s).
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SUPPLEMENTAL
INFORMA TION
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'--.; ~ A Commonwealth Central Real Estate Investments. Inc.
George W. Ray. Jr.
Presiden1
Jane H. Ray
Vice President
December 19, 2003
County of Albemarle
Zoning Department
401 Ridge-McIntire Road
Charlottesville, VA 22901
Ladies and Gentlemen:
Please be advised that Parkside 1, LLC, the owner of record, has authorized Terra
Partners to file for a rezoning on Tax Map 61 Parcel 129F, Albemarle County, Virginia,
being a 9.308 acre parcel of undeveloped land on East Rio Road.
As evidence of our ownership, I have enclosed a copy of the deed.
Also enclosed is a copy of a memo I sent to Jan Sprinkle on May 29,2003 along with
documents showing that Parkside I, LLC is authorized to conduct business in Virginia
and a copy of the Operating Agreement showing the ownership interests in the limited
liability company.
Finally, I have prepared and executed a revised Roster of Membership and Consent
whereby both Members of Parks ide 1, LLC agree to the rezoning.
Please do not hesitate to call me or Mark Keller at Terra Partners is you need any
additional information.
Thank you.
Sincerely,
~y-- ~..
George W. Ray, Jr. U
For Parkside I, LLC
690 Berkmar Circle · Charlottesville, VA 22901 · Phone (434) 978-1766 . Fax (434) 978-0118
21
·
012724
Tax Map # 06100-00-00129FO
THIS DEED made 27th day of May, 2003 by and bétween CHARLOTTESVILLE
REALTY CORPORATION, a Virginia corporation (the "Grantor") and PARKSIDE I, LI...C. a
Virginia limited liability company (the "Grantee"), which has ,UI address of: 690 Berkmar Circle,
Charlottesville, VA 22901
WIT N E SSE T H:
That for and in consideration of the sum of01\"'E MILLION EIGHT HUNDRED
SEVENTY TWO THOUSAND FIVE HU1\T})RED FORTY DOLLARS ($1,872,540.00) cash in
hand paid, the receipt and sufficiency of which is hereby acknow}edged, the Grantor does hereby
GRANT, BARGAIN, SELL and CONVEY with GENERAL W ARRA'f'..."TY and ENGLISH
· COVENANTS OF TITLE unto the Grantee, the following described real estate, to \~l!t:
All that certain parcel oflan<Îrwith_tbJ>.jmpr.nvt~\JJ.l".t1.ts Ihl':",reon;mc1
the appurtenances thereto, situated in .A..Themar!~.Cou.nty> Virginia,
on the west side of State Route 631 (Rio Road), containing 9.308
acres, more or less, as shown on plat by Roudabush~ Gale &
Associates, Inc., dated May 27,2003, captioned "Physical Survey
Tax Map 61 Parcel129F Rio Magisterial District Albemarle
County~ Virginia" which plat is attached to and recorded with and
as a part of this Deed; being a portion of the property conveyed to
the Grantor by deed of CharlottesviUe -Oil- Co., Incorporated, a
Virginia corporation, dated l1:!ne 2, 199,02æ2 !~~~o::'rl~z J',}:.y 15-,
1980 in the Clerk's Office fcirtlre Circuit Cuurt-fortheCuunty of
Albemarle in Deed Book 696, page 555.
.
.
The property hereby conveyed is expressly subject to those notes and other matters sho\iV1J
on the Plat and to all easements, reservations, restrictions and conditions contained in duly
· [This document prepared by FciI, Pettit & Wil1iams, PLC ofCharlottesviJle. VA)
2-2-
recorded deeds, plats or other instruments constituting constructive notice in the chain of tilie to
the above property which have not expired by a time limitation contained therein or othef\'>'ise
have become ineffèctive,
WITNESS thc following signature and seal:
CHARLOTTESVILLE REALTY CORPORA TTO:-J
By:
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STATE OF VIRGll\fJA
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l.~ ~vc...c5 u ..."........ a...U L11..:J U'IJ' VJ. ~"'J.<".Y, ~v .J v,
·James F, Du)aney, Jr" President of Charlortesvil1e Realty Corporation on behaJf of the ~
corporation.
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~ ~ .; A. Commonweal1h Central Real Estate Investments, Inc.
George W. Ray. Jr.
President
MEMORANDUM .
Jane H. Ray
Vice PresIdent
TO:JanSprinkIe /./)Jþ
FR: George Ray t2P-.
DT: May 29,2003
RE: Parkside I, LLC Special Use Pennit
BY HAND
Ian.. .
Mæ:k Keller called this morning to say that the County wanted something to show
that I am authorized to sign a Special Use Permit application on behalf of Parks ide I,
LLC. I have attached a couple of items in that regard:
1. A certificate fÌ'Om the State COIporation Commission that shows that
Parkside I, LLC is officially organized to do business in the State of Virginia.
2. A copy of the Parkside I Operating Agreement that details the structure of the
company and shows that there are 2 members involved in the entity, me and
Suzanne Staton.
A. A Roster of Membership and Consent signed by the only 2 members of
Parkside 1, LLC authorizing the :filing of the Special Use Permit.
Incidentally, we closed today with Charlottesville Realty CoIporation on the land
in question. The new deed will be recorded by 4:00 this afternoon. It is my understanding
that this negates the need for any additional information from Mr. Dulaney.
It is very important to us that we make this'cycle of the Special Use Permit
process, so if you need anything else, I would appreciate a quick phone call. I may be
reached best on my cell phone, 242-3527.
Tb.anks for your help.
cc: Mark Keller
690 Berkmar Circle · Charlottesville. VA 22901 · Phone (434) 978-1766 . Fax (434) 978-011 B
25
·
P ARKSIDE I, L.L.c.
Roster of Membership and Consent
The undersigned, being all of the members ofP ARKSIDE 1, L.L.C. a Virginia
limited liability company, hereby consent to the. company filing an Application for
Rezoning with the County of Albemarle, Virginia as it relates to certain real estate
situated on East Rio Road and described as 9.308 acres, mol on the west, side of S.R. 631,
in Albemarle County, VA, which property is further identified as TM#Qê I 00-00-
00129FO, and we do hereby authorize and direct George W. Ray, Jr. 9R Suzanne J.
Staton, Co-Managers of the company, to execute any and all such tJuments as maybe
necessary to make such application. _
Members and their
Address
i,
Membership
Interest
George W. Ray, Jr.
690 Berlanar Circle
Charlottesville, VA 2290 I
50%
6
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Signature
Suzanne J. Staton
1150 Pepsi Place, Suite 100
Charlottesville, V A 22901
50%
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Albemarle County Planning Commission
February 22, 2005
The Albemarle County Planning Commission held a meeting and a public hearing on Tuesday, February
22, 2005 at 6:00 p.m., at the County Office Building, Room 241, Second Floor, 401 Mcintire Road,
Charlottesville, Virginia. Members attending were William Rieley, Rodney Thomas, Marcia Joseph, Vice-
Chair, Jo Higgins, Pete Craddock, Calvin Morris and Bill Edgerton, Chairman. Absent was David J.
Neuman, FAIA, Architect for University of Virginia.
Other officials present were Wayne Cilimberg, Director of Planning & Community Development; Stephen
Waller, Senior Planner; Bill Fritz, Chief of Current Development; Claudette Grant, Senior Planner and
Greg Kamptner, Assistant County Attorney.
Call to Order and Establish Quorum:
Mr. Edgerton called the regular meeting to order at 6:00 p,m. and established a quorum.
Public Hearing Items:
ZMA 2004-016 Glenwood Station: Request to rezone 9,31 acres from Planned Residential
Development with Special Use Permit - PRO w/SUP for Office Use zoning district, to Neighborhood Model
District _ NMD to allow a combination of residential and commercial uses. This development includes 50
residential condominium units, 28 townhouses and a total of 78,000 square feet of commercial/office
space, which consists of 3 buildings. The property, described as Tax Map 61, Parcel(s) 129F is located in
the Rio Magisterial District on the south side of East Rio Road, directly across from Rio East Court and
between Fashion Square Mall and Squire Hill Apartments, Route 631, approximately 1,600 feet from the
intersection of Route 29 and Rio Road East. The Comprehensive Plan designates this property as Urban
Density, recommended for 6.01-34 dwelling units per acre in Neighborhood Two. (Claudette Grant)
AND
SP 2004-061 Glenwood Station Drive-throuah: Request for special use permit to allow development of
a drive-thru window as part of a financial institution to include a total of three lanes, with one being
dedicated to an A TM in accordance with Section 20A.6 b.1 of the Zoning Ordinance which allows for
drive-through windows serving or associated with permitted uses in a NMD, Neighborhood Model District.
(Claudette Grant)
Ms. Grant summarized the staff report, Glenwood Station is a mixed use development that is currently
under construction, The office portion of the development was approved by a previous special use permit
and rezoning to allow a Planned Residential Development on April 7, 2004, The applicant would now like
to have a drive in bank, which cannot be accommodated with the PRO zoning, A Neighborhood Model
District is now being requested with a special use permit for the drive through. The property contains
9.31 acres and is located on the south side of East Rio Road. The Comprehensive Plan designates this
property as Urban Density recommended for 6,01 to 34 dwelling units per acre in Neighborhood 2. The
applicant has incorporated many of the Neighborhood Model concepts into the design of Glenwood
Station including a mix of use types. Some of the differences between the proposed plan and the
previous plan are that the approved plan for Glenwood Station is made up of three commercial buildings
with a total of 64,000 gross square feet of office space, two buildings of three stories and a third building
of two stories in height. The proposed plan maintains the three commercial buildings with an increase of
14,000 square feet, which would total 78,000 gross square feet of commercial. The proposed plan would
make all three buildings three stories. The current approved plan also includes five condominium
buildings including 38 units and 28 townhouses. The proposed plan would increase the number of
condominium units at 12 units to 50 units, which is accomplished by introducing 2 units in a lower level of
one building and combining two 9 unit buildings into one larger building with 28 units, There would be
structured parking below building G. The number of townhouses would remain the same as originally
planned. The density of the proposed project is consistent with the Urban Density classification. The
addition of commercial use in this area provides for a mixed use area of the County, Many services for
ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 22, 2005
DRAFT MINUTES - ZMA-2004-016 and SP-2004-061 GLENWOOD STATION
residents are within walking distance of the proposed development. This generally meets the
Neighborhood Model principles.
In summary, regarding the rezoning staff has identified the following favorable factors:
1. The rezoning is in keeping with the Comprehensive Plan.
2. The proposed use provides for a "mixed-use" community in this part of Neighborhood Two.
3. Residential uses are supported by a pedestrian network, public services (schools, fire, and rescue
services, transit) in close proximity to shopping and employment.
Staff has identified no factors which are unfavorable to this request.
Staff recommends approval of the rezoning. It conforms to the Comprehensive Plan and the Zoning
Ordinance. The particular parameters of this development are included in the Code of Development.
Proffers were not needed,
In reference to the special use permit for a financial institution drive-through, the one issue that did come
up is that the engineer stated that it should be approved with one condition that the outside lane be
dedicated to by-pass traffic only. The proposed financial institution is located at the north eastern end of
the subject parcel between building C-2 and C-3. Staff does not anticipate or fore see any conflicts with
the proposed location of the drive-through.
In summary, staff has identified the following factors, which are favorable to this special use permit
request:
1. There would be no expected conflict between vehicles stacked in the drive-through lanes and off-site
traffic passing the entrances to this site.
2. The drive-through lane/bypass lane would offer the opportunity for customers that do not need to
access the windows to bypass the stacked traffic awaiting service.
With the exception of the requested condition for a by-pass lane, staff has not identified any other factors
which are unfavorable to this request. Staff finds this request generally complies with the provisions of
the Zoning Ordinance and the Comprehensive Plan, and recommends approval of SP-04-61 with the
following conditions:
1. The outside lane is dedicated to bypass traffic only.
2. The drive-through window as part of a financial institution shall be limited to three (3) lanes that follow
through to the teller windows and the A TM machine,
Mr. Edgerton asked if there were any questions for staff.
Ms. Higgins asked if there were previous conditions or proffers that went with the previous zoning.
Ms. Grant stated that there were conditions, but no proffers with the previous zoning.
Ms. Higgins asked if those conditions would go away now with this zoning change or should those be
perpetuated with the Neighborhood Model zoning. She pointed out that staff mentioned that there are no
proffers, but that those things are addressed in the Code of Development. She asked if the plan was a
proffered plan and the Code of Development a proffered document, which means that it becomes part of
this and a part of the plan that they are locked into.
Mr. Kamptner stated that in the Neighborhood Model zoning the applicant has to submit the Code of
Development, which is approved and provides the zoning regulations of the applicable Neighborhood
Model District. He pointed out that the Neighborhood Model District requires that the plan be a part of the
rezoning, He stated that it did not have to be proffered.
Mr. Cilimberg stated that in the Planned Development District that the application plans are a part of the
zoning and do not have to be proffered, That is one nice thing about the Neighborhood Model District.
Also it is one of the reasons that staff pushes it as a favorable district because it incorporates a lot of
ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 22, 2005
DRAFT MINUTES - ZMA-2004-016 and SP-2004-061 GLENWOOD STATION
2
different considerations that many times you have to get proffers for. It also does it in a comprehensive
way.
Mr. Higgins asked what happens with the conditions that were associated with the previous zoning that
had a special use permit.
Ms. Grant stated that the previous conditions have all been met. Those conditions included items such as
the final elevations needed to be approved by the Director of Planning. She pointed out that condition
had already been completed. Another condition was that the site shall be developed in general accord
with the application plan entitled, "Glenwood Station/Place dated December 22, 2003" with minor
changes allowed to accommodate the required parking when approved by the zoning administrator. It
also included a condition about the additional entrance to Fashion Square Mall, which is included in this
plan. It also included a condition about setbacks, which is included in the Code of Development.
Mr. Rieley asked if that was in the previous conditions, and Ms. Grant stated that it was.
Mr. Rieley stated that he had some of the same concerns, He noted that it seems to be sort of a blurry
line between what was in the old application and what was in the current application. He asked if
requiring the garage doors to face the streets was a part of the previous approval that the Planning
Commission made.
Ms. Grant stated that it was part of the previous approval for the applicant.
Ms. Joseph asked if the layout was the same. She asked if all the buildings were the same as they were
in the originally approved plan,
Ms. Grant pointed out that she had mentioned that the applicant had combined two of the condominium
buildings into one. Also, the applicant added some units in the basement of one of the buildings.
Mr. Rieley stated that it was very helpful to be able to review the previous conditions of approval on a
property so that they could recognize what has changed in the new proposal.
Ms. Higgins stated that it sounds as if nothing has been lost if those items have been concluded and the
Code of Development will become part of the rezoning. She stated that was one benefit of the
Neighborhood Model District.
Ms. Joseph stated that the Code of Development references blocks. She asked if there was something
that showed where these blocks are located.
Ms. Grant stated that the site plan that was submitted did reference the blocks, but that the layer was
turned off for the copies that they received. Therefore, she posted the site plan on the board for the
Commission's review, which showed those referenced blocks.
There being no further questions for staff, Mr. Edgerton opened the public hearing and invited the
applicant to address the Commission.
Mark Keller, with Terra Partners, stated that they have been working on Glenwood Stations for nearly two
years. He passed out an attachment that showed what the site plan looked like for the front area that was
just approved yesterday. The sketch showed what that front area would like with and without a drive-
through window, (SEE ATTACHMENT) He pointed out that the construction had already started at
Glenwood Stations. The construction is going along very well. The sales and leasing are moving along
at a very brisk pace, Therefore, they feel that the project is being well accepted in the market place. He
stated that Ms, Grant has done a good job of describing what this Neighborhood Model rezoning and the
special use permit are requesting. He pointed out several areas that have changed from the first
application plan for the PRD rezoning. He stated that the three buildings were the same, but some
parking and retaining walls had been added. The additional parking in one area was needed to support
the additional third floor on one of the buildings, The new plan showed the actual defined architecture of
ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 22,2005 3
DRAFT MINUTES - ZMA-2004-016 and SP-2004-061 GLENWOOD STATION
the buildings as opposed to the old plan only showing rectangles and blocks for the buildings. With the
exception of one building, the other buildings had been totally designed, He pointed out that there were
several renderings for the Commission to review, He pointed out that the pool complex was missing from
one of the renderings. He explained the changes that they had made to the plans. Previously they had
two rectangular buildings in separate areas each with nine units. What they have done is taken that
rectangle and added it to this rectangle. created some eccentric area and rotated the whole thing 90
degrees, which enabled them to move the pool facility and fitness area up more to the common area and
the streetscape. They feel that this is an improvement over the previous plan as well. The parking deck
has 26 parking spaces. The parking was changed in one area to be in a curvilinear fashion, which
enabled them to put in a pocket park where a parking lot used to be, He stated that they are adding 12
units. The current request was for 8,000 square feet of commercial space. The new proposal is asking
for an increase of 9,534 square feet. It is about 5,000 square feet less than what the Neighborhood
Model Code of ûevelöprnent states. He stated that they felt that any additional square footage would
make it hard to find adequate parking for. Buildings 2 and 3 are going to basically be book end buildings,
with the exception of the drive-through. In other words, they will design one building and build it twice
with one over the other. Regarding the land uses that they have listed in the rezoning, he pointed out that
previously they had a rezoning to R-15 with a special use permit to allow office space, Now with the
Neighborhood Model and their discussions with potential tenants for the site and commercial buildings
since one has started to go up they have been asked to add a few more flavors to the selection up there,
Those are preliminary very small scale complimentary convenience oriented uses that Ms. Grant basically
touched on, As they consider tenants for the space they will have to be careful in concerning the parking
regulations for each use. Currently they are working with Jan Sprinkle in Zoning who has an extensive
letter as well as a parking matrix dated January 28, He pointed out that Ms. Sprinkle was still reviewing
that information. But, they want to make sure that the parking that they are reflecting on the revised site
plan is realistic, They don't want to come before the Commission to ask for uses that they really can not
meet the parking regulations for in the end when it comes to site planning. But, they feel that Ms, Sprinkle
has almost got her hands around that issue. They hope to add a few more of these complimentary uses
because they think it is going to add a lot to the cross section of the neighborhood. Therefore, they would
have office and some sort of convenience commercial uses and residential uses in the same area. On
the handout, that site plan refers to phase 2 which includes the last two buildings. He stated that they set
aside some area that appears as green space right where the drive-through in this area is going to occur.
Therefore, the whole plan for this side of the site can occur without the drive-through, but they have had
banks and others say that they might be interested in coming to Glenwood Station. The bank, in
particular, seems to be one that if they can't get a drive-through that they are reluctant to come into any
such area. Therefore, they were trying to package a request for a drive-through and to let the
Commission know that it works. He pointed out that the circulation for this drive-through is somewhat
unique in that it is not shared circulation for parking spaces where people are going in, but it was truly
dedicated one way from here to here only for the drive-through window. Therefore, they feel that it is not
intrusive at all to the otherwise normal function of the site.
Mr. Thomas asked if the drive-through request was only for banks.
Mr. Keller stated that the current request was only for banks,
Mr. Edgerton asked if he agreed with staff's suggestion that the outside lane be dedicated to by-pass
traffic only.
Mr. Keller stated that initially they had some reluctance about that issue because they had solely
dedicated an area there. But, if someone changed their mind all they had to do was to wait a little while
and then they could get out. That person would not be holding everybody else up. He stated that there
would be a lane for the window teller, the second lane would be the ATM and then the other would be a
drive-through lane.
Ms. Higgins stated that she thought that their parking could be calculated by the gross square footage.
But, Mr. Keller had talked about using a parking matrix and doing parking calculations for each use. She
asked how that stood at this time.
ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 22, 2005
DRAFT MINUTES - ZMA-2004-016 and SP-2004-061 GLENWOOD STATION
4
Mr. Keller stated that it had not been suggested that they could apply a shopping center or a gross per
square foot application for the parking on this project. For clarity sake, they were working with Jan
Sprinkle on the parking since they now know the finite shape of the building. In regard to the first
building, they have the up fit design for each interior suite and are now able to use the square footage of
the whole building for parking calculations rather than using the 80 percent net to gross calculation. He
pointed out that the parking requirement is less for a bank with a drive-through than it is for the same
square footage of office. He stated that they would have to work with Jan Sprinkle on the parking
calculations for any type of use that went in,
Ms. Joseph asked if they have discussed the basketball parking area with Ms. Sprinkle and what does
she think about that mixed use in the parking area.
ivir. Keller stated that he had not discussed that with Ms, Sprinkle. He pointed out that he had discussed
that with Ms. Doherty at the beginning of the project. The basketball court in the paved area of the
parking lot has been there forever and was not a new thing. In fact, they had that basketball area in
another location on the site, Actually, it was Ms. Doherty who had suggested that some of the people
who worked in the office might want to spend lunch hours playing basketball and it seemed a little
exclusive for the to be located so far away. Ms. Doherty had suggested that they spread out their
recreation throughout the site. He pointed out that they were fine with it and it did not seem to be that big
of an issue.
Ms. Joseph asked if they had met their recreational requirements on the site. She pointed out that it just
seemed to be very odd for the basketball court to be located in the parking lot due to the safety aspects
and the liability, She stated that it did not make a whole lot of sense to have people playing basketball in
the parking lot with cars being driven through the area.
Mr. Keller stated that he would leave that up to the Commission. He pointed out that they were already
meeting their recreational requirement. He pointed out that issue had not been revisited with the
Neighborhood Model request. He stated that they were only adding 12 units to the mix. The applicant
would probably be satisfied with or without the basketball court.
Ms, Joseph stated that the development was not all residential and had commercial activities up front.
Mr. Rieley asked whose liability it would be, He asked if the County would have any liability,
Mr. Kamptner stated that the County would have no liability,
Mr. Craddock asked if there was any discussion on the provision of affordable housing with the additional
units.
Mr. Keller stated that they did not make any comment on that.
Ms, Higgins asked if there would be any condominiums or townhouses that would be in the affordable
range,
George Ray stated that there would be a few, but that they are trying to meet their responsibility for
affordable housing with the Airport project. He stated that the ability to provide affordable housing is a
function of the land cost and a function of the density. With only 78 units with the land cost, they have
found it to be very difficult to provide for affordable housing. There will be a few that meet the requirement
of under $175,000, Those would include the two units on the terrace level on that 8/10 unit building.
Mr. Edgerton asked if there were any other questions for the applicant. There being none, he invited
comment from other members of the public on these applications.
Jeff Werner, representative for Piedmont Environmental Council, stated that he wanted to offer
enthusiastic support for this since they trust the Neighborhood Model and want to see it being used, He
stated that it was the growth area, which was exactly what the PEC has supported for a long time, The
ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 22, 2005 5
DRAFT MINUTES - ZMA-2004-016 and SP-2004-061 GLENWOOD STATION
idea of the drive-through is not troubling. One of the ideas of infill development is to reduce the vehicle
miles traveled and it was not just getting people out of their cars. He felt that this project would contribute
overall to what they were shooting for. He stated that they want to support any developer who is coming
in with a creative idea and they wanted to endorse this one, He stated that this was a good step forward
and he encouraged the Planning Commission to vote yes.
Mr. Edgerton asked if there was any other member of the public that would like to address the
Commission. There being none, he closed the public hearing to bring the matter back before the
Commission.
Mr. Rieley moved for approval of ZMA-2004-016, Glenwood Station.
Mr. Thomas seconded the mûtiûn.
Ms. Joseph stated that she was concerned about the affordable housing aspect of this because they were
not asking for it as they have in past rezonings. It is nice that the applicant is pursuing some other
affordable housing, but there is no guarantee that is going to happen. She pointed out that it had not
even been a formal request. Therefore, she felt uncomfortable for them to ask for that.
Mr. Rieley felt that Mr. Joseph had a good point. He stated that since this is a Neighborhood Model
rezoning, it has a mix of housing types, and that affordable housing is one of the pillows of the
Neighborhood Model that he felt that it was doubly important. He acknowledged that it is a relatively
small project.
Ms. Higgins stated that affordable housing was not mentioned or related to in the staff report. But, if you
look at what surrounds this property that is in close proximity to the Mall, there is a significant pocket of
affordable housing. Therefore, she did not dwell on the issue because this property was a piece in a
bigger section. She felt that you cannot put everything into every item. When the proposal was approved
last time she felt that was sort of the perspective that they had, She stated that every goal of the
Neighborhood Model in a small tight area could not be met. But, she felt that they could if they looked at
it in context.
The motion carried by a vote of (7:0)
Mr. Rieley moved for approval of SP-2004-061 , Glenwood Station Drive-through subject to the conditions
recommended in the staff report.
1, The outside lane is dedicated to bypass traffic only.
2. The drive-through window as part of a financial institution shall be limited to three (3) lanes that follow
through to the teller windows and the A TM machine,
Mr. Morris seconded the motion.
The motion carried by a vote of (7:0)
Mr. Edgerton stated that SP-2004-061 and ZMA-2004-016 for Glenwood Station were unanimously
approved and would be heard by the Board of Supervisors on March 16, 2005,
. With no further items, the meeting adjourned at 8:30 p.m, to 6:00 p.m, on February 25 at L'etoile
Restaurant.
(Recorded and transcribed by Sharon Claytor Taylor, Recording Secretary.)
ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 22, 2005
DRAFT MINUTES - ZMA-2004-016 and SP-2004-061 GLENWOOD STATION
6
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TO:
FROM:
DATE:
RE:
(-
COUNTY OF ALBEMARLE
Department of Community Development
Planning
40] Mcintire Road, Room 2]8
Charlottesville, Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 40]2
MEMORANDUM
Robert W. Tucker, Jr., County Executive
Louise Wyatt, Manager of Zoning Enforcement
February 24, 2005
ZTA 2004-00010 - Civil Penalties
The Albemarle County Planning Commission, at its meeting on February 15, 2005, by a vote of 6:0,
recommended approval of the above-noted Zoning Text Amendment to the Board of Supervisors.
The Board is scheduled to hold a public hearing on this item at its March 16th meeting. An updated staff
report will be provided in the near future.
LW/aer
ORDINANCE NO. 05-18(3)
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 IV, Violation and Penalty, is hereby amended and reordained as follows:
By Amending:
Sec. 37.2 Civil penalty
Chapter 18. Zoning
Article V. Violation and Penalty
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 penalty 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
two hundred fifty dollars ($250.00) 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)(l).
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, which establishes supplementary regulations for
certain uses authorized in the several zoning districts. (Amended 2-13-02)
11. Any violation of sections 31.2.1, 31.2.2 or 31.2.3, which regulate use and
occupancy when building permits, certificates of occupancy, and zoning
compliance clearance are required, respectively. (Added 2-13-02)
12. Any violation of section 32, which regulates site plans and development pursuant
thereto. (Amended 2-13-02)
13. 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. (Amended 2-13-02)
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 two hundred fifty
dollars ($250.00) 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, which regulates nonconformities. (Amended 2-13-
02)
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 five thousand
dollars ($5,000.00).
2
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.
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 finding ofliability shall not be
deemed a criminal conviction for any purpose.
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 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; Ord. 02-18(3),2-13-02; Ord. 05-18(3), 3-16-05)
State law reference - Va. Code § 15.2-2209.
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 six to zero, as recorded
below, at a regular meeting held on March 16,2005.
'~
Clerk, Board of County Supervisors
Aye Nay
Mr. Bowerman y
Mr. Boyd y
Mr. Dorrier y
Mr. Rooker y
Ms. Thomas y
Mr. Wyant y
3
COUNTY OF ALBEMARLE
.
EXECUTIVE SUMMARY
AGENDA TITLE: ZTA 2004-00010 Public Hearing to Amend
the Zoning Ordinance Relating to Civil Penalties
AGENDA DATE:
Planning Commission: February 15, 2005
Board of Supervisors: March 16, 2005
SUBJECT/PROPOSAUREQUEST: Amend Zoning
Ordinance § 37.2 to increase the civil penalties for zoning
violations as allowed by Virginia Code § 15.2-2209
ITEM NUMBER:
ACTION:
INFORMATION:
CONSENT AGENDA:
ACTION:
INFORMATION:
STAFF CONTACT(S):
Louise Wyatt, Greg Kamptner
ATTACHMENTS: Yes
REVIEWED BY: GK, AGM
BACKGROUND:
Use of civil penalties for certain zoning violations has been an effective enforcement tool as both a deterrent and as a
consequence for noncompliance in numerous zoning cases. The Zoning Ordinance currently imposes civil penalties of
$50 and $100 for the first violation (depending on the nature of the violation) and $150 for each subsequent violation, and
imposes a cap of $3,000 total civil penalties for each violation. A recent revision to the Virginia Code now allows for higher
civil penalties for subsequent violations, as well as a higher civil penalties cap.
.UBLlC PURPOSE TO BE SERVED:
Staff recommends that this revision to the Zoning Ordinance will improve the County's ability to address zoning violations
and therefore its ability to continue to work as stewards of Albemarle County's natural resources and built environment.
DISCUSSION:
Over the past three years, the County has had an annual average of 339 zoning enforcement cases. Many of these cases
require use of civil penalties before the violation is abated. Currently, the County is pursuing civil penalties in 28% of
unresolved violation cases. Additionally, several long-term cases have approached the current ceiling amount without
abatement of the violation. Consistent with current state law, the proposed ordinance would increase the civil penalties for
each subsequent violation from $150 to $250, and increase the civil penalties cap from $3,000 to $5,000. Civil penalties
for first violations will remain at $50 and $100; state law still limits civil penalties for first violations to $100 or less. Raising
both the civil penalties for subsequent violations and the civil penalties cap will assist the County in addressing violations.
Staff will address the three (3) criteria which the Board has previously asked staff to discuss with zoning text amendments.
Administration/Review Process: The proposed amendment will allow the County to pursue warrants in debt seeking
increased civil penalties with a higher civil penalties cap. There really is no measurable impact on administration and no
impact on the review process.
Housing Affordability: The proposed amendment will not affect housing affordability.
Implications to Staffing/Staffing Costs: The proposed amendment has the potential to reduce staff workload if it results
in more timely abatement of zoning violations. Increased civil penalties should not increase the workload and will come
closer to covering staff costs for enforcement.
RECOMMENDATION:
.taff hereby recommends adoption of the draft ordinance found in Attachment B,
Attachment:
A Executive Summary and Resolution of Intent
B Draft Ordinance
.
.
.
ATTACHMENT A
RESOLUTION OF INTENT
WHEREAS, the civil penalties schedule in Zoning Ordinance § 37.2 is enabled by
Virginia Code § 15.2-2209;
WHEREAS, Zoning Ordinance § 37.2 establishes civil penalties of$50 or $100 for the
first zoning violation, civil penalties of $150 for each violation after the first violation, and a
cumulative $3,000 cap, for each violation under the same operative facts;
WHEREAS, in 2003, Virginia Code § 15.2-2209 was amended to increase the maximum
civil penalty for each violation after the first violation from $150 to $250, and to increase the
cumulative cap from $3,000 to $5,000; and
WHEREAS, because civil penalties have proven to be an effective tool in enforcing the
Zoning Ordinance since they were adopted in 2000, it is desired to amend Zoning Ordinance
§ 37.2 to increase the civil penalties and the cumulative cap enabled by Virginia Code § 15.2-
2209.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity,
convenience, general welfare and good zoning practices, the Albemarle County Planning
Commission hereby adopts a resolution of intent to amend the Zoning Ordinance § 37.2 to
achieve the purposes described herein.
BE IT FURTHER RESOL VED THAT the Planning Commission shall hold a public
hearing on the zoning text amendment proposed by this resolution of intent, and make its
recommendation to the Board of Supervisors, at the earliest possible date.
* * * * *
-;
.
.
.
ATTACHMENT B
Draft: U2/U4/U5
ORDINANCE NO. 05-18( )
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 IV, Violation and Penalty, is hereby amended and reordained as
follows:
By Amending:
Sec. 37.2 Civil penalty
Chapter 18. Zoning
Article V. Violation and Penalty
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 penalty 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) two hundred fiftv dollars
($250.00) 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.
is
Draft: 02/04/05
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)(I).
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, which establishes supplementary regulations
for certain uses authorized in the several zoning districts. (Amended 2-13-
02)
11. Any violation of sections 31.2.1, 31.2.2 or 31.2.3, which regulate use and
occupancy when building permits, certificates of occupancy, and zoning
compliance clearance are required, respectively. (Added 2-13-02)
12. Any violation of section 32, which regulates site plans and development
pursuant thereto. (Amended 2-13-02)
13. 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. (Amended 2-13-02)
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) two hundred fiftv dollars ($250.00)
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.
~
.
.
.
Draft: 02/04/05
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, which regulates nonconformities. (Amended
2-13-02)
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) five thousand
dollars ($5.000.00).
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. 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 finding of liability shall not be deemed a
criminal conviction for any purpose.
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 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; Ord. 02-18(3),2-13-02)
State law reference - Va. Code § 15.2-2209.
-=t-
Draft: 02/04/05
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
Aye Nay
Mr. Bowerman
Mr. Boyd
Mr. Dorrier
Mr. Rooker
Ms. Thomas
Mr. Wyant
£
PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON
ZT A 2004-005. Sia.!1§.:.
The fOllowing guidelines win be IJS8dfor this public hearing:
EACH SPEAKER IS AlLOTTED 3 MINUTES.
INDIVIDUALS CANNOT RELINQUISH THEIR 3 MINUTES TO ANOTHER
SPEAKER. .
INDIVIDUALS CAN ONLY SIGN UP ONE· PERSON TO SPEAK.
PLEASE GIVE ANY WRITTEN STATEMENTS TO THE CLERK
NAME (Please print clearly) PHONE NUMBER/ADDRESS (Optional)
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COUNTY OF ALBEMARLE
Department of Community Development
Planning
401 McIntire Road, Room 218
Charlottesville, Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 4012
MEMORANDUM
TO:
FROM:
DATE:
RE:
Robert W, Tucker, Jr., County Executive
Amelia McCulley, Director of Zoning and Current Development
February 24, 2005
ZT A 2004-005 - Signs
The Albemarle County Planning Commission, at its meeting on February 15, 2005, by a vote of 5: 1,
recommended approval of the above-noted Zoning Text Amendment to the Board of Supervisors. This
recommendation is consistent with staffs proposed revisions to the Ordinance in Attachment C. The
Commission made no recommendation to the Board regarding the American flag regulations, and asks
that the Board review the issue.
The Board is scheduled to hold a public hearing on this item at its March 16th meeting. An updated staff
report will be provided in the near future.
AM/aer
ORDINANCE NO. 05-18(4)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, OF
THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article II, Basic Regulations, of the Code of the County of Albemarle are amended and
reordained as follows:
By Amending:
Sec. 4.15.2 Definitions
Sec. 4.15.6 Signs exempt from the sign permit requirement
Sec. 4.15.7 Prohibited signs and sign characteristics
Sec. 4.15.16 Regulations applicable to certain sign types
Sec. 4.15.22 Sign maintenance
Chapter 18. Zoning
Article 2. Basic Regulations
Sec. 4.15.2 Definitions
The following definitions shall apply in the interpretation and implementation of this section 4.15:
(1) Advertising vehicle. The term "advertising vehicle" means a motor vehicle, trailer or semi trailer
(collectively, "vehicle") having a permanent or temporary sign affixed, painted on or placed upon it,
including a sign that alters the vehicle's manufacturer's profile; provided that a temporary sign affixed to
an employee's private vehicle during his or her working hours is not an advertising vehicle.
(1.1) Agricultural product sign. The term "agricultural product sign" means a sign or signs identifying
the produce, crops, animals or poultry raised or quartered on the property.
(7) Banner. The term "banner" means a temporary sign that is not a pennant, consisting of a piece of
fabric or other flexible material, suspended from a fixed structure, rope, wire, string or cable.
(20) Farm sign. The term "farm sign" means a sign that identifies the name of a property in agricultural or
forestal use.
(22) Flag. The term "flag" means a sign consisting of a piece of fabric or other flexible material attached
to a flag pole, except as otherwise authorized. A flag representing the official symbol of a national, state
or local government is not a sign for the purposes of section 4.15 (for federal law pertaining to flying the
flag of the United States of America, see 4 U.S.c. § 5 et seq.). A "commercial flag" is a flag that contains
commercial speech. A "noncommercial flag" is a flag that contains no commercial speech, such as
decorative, hospitality, and seasonal flags containing no advertising, words or logos related to a specific
business, product or service, and does not represent the official symbol of a national, state or local
government.
(37) Pennant. The term "pennant" means a series of two (2) or more sections of a piece of fabric or other
flexible material that is generally triangular and tapering, suspended from a fixed structure, rope, wire,
string or cable and designed to move in the wind and including, but not limited to, streamers and tinsel.
(39) Portable sign. The term "portable sign" means a temporary sign that is not permanently affixed to
the ground or to a permanent structure, or a sign that can be moved to another location including, but not
limited to, a sign erected on a trailer, a sign with attached wheels, or a sign consisting of A-shaped or T-
shaped frames. See Figure I following this section.
(42.1) Rare gas illumination: The term "rare gas illumination" means a sign using a rare gas such as
neon, argon, helium, xenon or krypton in a glass tube for illumination.
(47) Sign. The term "sign" means any object, device or structure, or any part thereof including the sign
face and the sign structure, visible from beyond the boundaries of the lot on which it is located, which
exists primarily to advertise, identify, display, or direct or attract attention to a structure, object, person,
institution, organization, business, product, service, event, issue or location by any means, including
letters, figures, designs, devices, pictures, projected images, symbols, fixtures, colors, logos, emblems, or
insignias or any part or combination thereof.
(51) Temporary sign. The term "temporary sign" means a sign that is displayed for only a limited
period of time authorized in section 4.l5.4(D), that describes or identifies participants in a seasonal, brief
or particular event or activity to be or being conducted upon a lot.
(55) Window sign. The term "window sign" means a permanent or temporary sign affixed to the
interior or exterior of a window or door, or within three (3) feet of the interior of the window or door;
provided that the display of goods available for purchase on the premises is not a window sign.
Sec. 4.15.6 Signs exempt from the sign permit requirement
The following signs are exempt from the sign permit requirement set forth in section 4.15.4 provided that
they comply with the regulations set forth below and all other applicable regulations of this section 4.15:
(1) Agricultural product sign. One or two agricultural product signs that do not exceed an aggregate of
thirty-two (32) square feet in sign area.
(2) Auction sign. An auction sign that does not exceed four (4) square feet in sign area, and which is
posted for a total of thirty (30) days or less in a calendar year. Such an auction sign shall be removed
within seven (7) days after date of the auction.
(3) Commemorative plaque. A commemorative plaque that does not to exceed four (4) square feet in
SIgn area.
(4) Construction sign. A construction sign that does not exceed thirty-two (32) square feet in sign area.
Such a construction sign shall be removed within seven (7) days after issuance of a certificate of
occupancy.
(5) Estate sign. An estate sign that does not exceed four (4) square feet in sign area.
(6) Farm sign. A farm sign that does not include commercial identification and does not exceed four (4)
square feet in sign area.
(7) Home occupation class B sign. A home occupation class B sign that does not exceed four (4) square
feet in sign area.
(8) Incidental sign. An incidental sign that does not exceed four (4) square feet in sign area.
(9) Political sign. One or more political signs that do not exceed the maximum sign area allowed for the
physical type of the sign (e.g., freestanding, wall) within the applicable zoning district.
(10) Private drive sign. A private drive sign that does not exceed four (4) square feet in sign area,
limited to one such sign per entrance.
(11) Public sign. A public sign.
2
(12) Residence sign. A residence sign that does not exceed four (4) square feet in sign area.
(13) Residential sign. One or more residential signs that are not illuminated signs and do not exceed
thirty-two (32) square feet in cumulative sign area.
(14) Special decorative display. A special decorative display used for holidays or public events, and
which is displayed for a total of sixty (60) days or less in a calendar year. Such a display shall be
removed within seven (7) days of said event.
(15) Temporary directional sign. A temporary directional sign that is erected no closer than five (5) feet
from a front lot line and does not exceed four (4) square feet in sign area.
(16) Real estate sign. A real estate sign that does not exceed thirty-two (32) square feet in sign area.
Such a real estate sign shall be removed from the site within seven (7) days of sale, lease or rental.
(17) Warning sign. A warning sign that is erected by a private landowner and does not exceed four (4)
square feet in sign area.
(18) Window sign. A permanent window sign, provided that it does not exceed twenty-five percent
(25%) of the total area of the window or door on which it is located, and the aggregate area of all
window signs on each window or door does not exceed twenty five percent (25%) of the total area of
the window and door; and further provided that if a permanent window sign will be on a structure
within the entrance corridor overlay district and the window sign is visible from an entrance corridor
overlay street, that the aggregate area of all window signs shall not exceed nine (9) square feet per
business and that a certificate of appropriateness for the window sign is obtained as provided in
section 4.15.15.
(19) Commercial flag. A commercial flag, subject to the following: (i) not more than one (1) flag may
be flown on a lot, provided that if the lot is four (4) acres or larger, then one (1) additional flag may
be flown; (ii) the flag shall not exceed twenty-four (24) square feet in size; and (iii) the flag shall be
flown on a flag pole and, if two (2) flags may be flown, they may either be on the same or on separate
flag poles.
(20) Noncommercial flag. A noncommercial flag, subject to the following: (i) the flag shall not exceed
twenty-four (24) square feet in size; (ii) on commercial, institutional and industrial lots, the flag shall
be displayed only on privately owned light posts and shall be installed in a manner so that it remains
taut and flapping and movement is minimized; (ii) on residential and agricultural lots, the flag shall be
displayed from a mount on a dwelling unit or other permitted primary or accessory structure, a flag
pole, a mast, or suspended from a fixed structure, rope, wire, string or cable.
(21) Advertising vehicle. An advertising vehicle in which none of the prohibited conditions
delineated in section 4.15.7(c)(2)(ii) or (iii) exist that is: (i) used as transportation for the
business; and (ii) parked in an approved parking space or parking area that serves the
advertised business, or temporarily parked at another business to actively receive or provide goods
or services, such as to load or unload goods, provide on-site services, receive vehicle maintenance
and repair, or obtain food for the driver and passengers.
(12-10-80; 7-8-92, § 4.15.04; Ord. 01-18(3), 5-9-01; Ord05-18(4), 3-16-05)
State law reference - Va. Code § 15.2-2280.
Sec. 4.15.7 Prohibited signs and sign characteristics
Notwithstanding any other provision of this section 4.15, the following signs and sign characteristics are
prohibited in all zoning districts:
a. Signs that violate state or federal law. Signs that violate state or federal law, including but
not limited to:
3
1. A sign that violates any law of the Commonwealth of Virginia related to outdoor
advertising, including but not limited to Virginia Code §§ 33.1-351 to 33.1-381,
inclusive, and 46.1-174.
2. A sign that violates any law of the United States related to the control of outdoor
advertising, including but not limited to 23 U.S.C. § 131.
3. A sign that violates any state or federal law related to Virginia byways or scemc
highways.
4. A sign that violates the building code or the fire code.
b. Signs with characteristics that create a safety hazard or are contrary to the general welfare.
Signs whose construction, design, location or other physical characteristic create a safety
hazard or are contrary to the general welfare, as follows:
1. Sign that is attached to another thing. A sign, other than a public sign or a warning sign,
that is nailed, tacked, painted or in any other manner attached to any tree, cliff, fence,
utility pole or support, utility tower, rack, curbstone, sidewalk, lamp post, hydrant, bridge
or public property of any description.
2. Sign that casts illumination off-site. A sign that casts illumination, directly or indirectly,
on any street, or on any adjacent property within a residential district.
3. Floating sign. A sign that is a moored balloon or other type of tethered floating sign.
4. Lighting that illuminates outline. Lighting that outlines any structure, window, sign
structure, sign or part thereof using rare gas illumination or other light.
5. Sign that imitates a traffic sign or signal or a road name sign. A sign that imitates an
official traffic sign or signal or a road name sign, or conflicts with traffic safety needs due
to its location, color, movement, shape or illumination.
6. Sign using rare gas illumination. A sign that uses exposed, bare or uncovered rare gas
illumination having a brightness that exceeds thirty (30) milliamps; provided that a sign
within the entrance corridor overlay district that is visible from an entrance corridor
overlay street that uses exposed, bare or uncovered rare gas illumination in clear, rather
than frosted, tubing, regardless of brightness, is also prohibited.
7. Sign that obstructs vision. A sign that obstructs free or clear vision, or otherwise causes a
safety hazard for vehicular, bicycle, or pedestrian traffic due to its location, shape,
illumination or color; and window signs whose aggregate area on a window or door
exceed twenty five percent (25%) of the total area of the window or door.
8. Pennants, ribbons, spinners streamers. Pennants, ribbons, spinners, streamers or similar
moving devices, whether or not they are part of a sign.
9. Sign erected in public right-of way. A sign, other than a public sign, erected on or over a
public right-of-way unless the sign is authorized under section 4.15.5.
10. Sign that contains or consists of searchlight, beacon or strobe light. A sign, other than a
public sign, that contains or consists of a searchlight, beacon, strobe light, or similar form
of illumination.
11. Sign that produces sound. A sign that produces sound for the purpose of attracting atten-
tion regardless of whether the sign has a written message content.
12. Sign that contains or consists of strings of light bulbs. A sign that contains or consists of
one (1) or more strings of light bulbs that is not part of a decorative display.
4
13. Sign with unsafe illumination. A sign that is illuminated so as to be unsafe to vehicular or
pedestrian traffic.
14. Sign erected in unsafe location. A sign that is erected in a location so as to be unsafe to
vehicular or pedestrian traffic.
15. Sign determined by official to create safety hazard. A sign whose characteristics,
including but not limited to its construction, design or location, are detennined by a fire
official, the building official, or a law enforcement officer to create a safety hazard.
16. Window sign above the first floor, exception. A commercial window sign affixed to a
window or door above the first floor of the structure unless the business to which the sign
pertains does not occupy any first floor space.
c. Certain sign types. Signs that are:
1. Animated signs, including signs using rare gas illumination, that give the appearance of
animation.
2. Advertising vehicles, where the: (i) the vehicle is parked so as to be visible from a public
right-of-way in a parking space or parking area not authorized by section 4.15.6(20); (ii)
the vehicle is inoperable; or (iii) the vehicle is incapable of moving on its own or is not
self-propelled.
3. Banners, except as an authorized temporary sign under section 4.15.4( d).
4. Billboards.
5. Flashing signs.
6. Moving signs, including signs using rare gas illumination, that give the appearance of
movement, but not including flags that meet the requirements of sections 4.15.6(18) or
4.15.6(19).
7. Roof signs.
(12-10-80; 7-8-92, § 4.15.06; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05)
State law reference - Va. Code § ]5.2-2280.
Sec. 4.15.16 Regulations applicable to certain sign types
In addition to all other regulations set forth in this section 4.15, the following regulations apply to
the sign types identified herein:
a. All sign types. The following regulations shall apply to all signs, including exempt signs: (i)
no sign shall be erected within the applicable minimum setback area or within the sight
distance triangle; and (ii) the area of the sign face shall not exceed two hundred (200) percent
of the sign area.
b. Anchor signs. In each shopping center exceeding one hundred thousand (100,000) square
feet in gross floor area: (i) one (1) freestanding anchor sign shall be pennitted for each one
hundred thousand (100,000) square feet in gross floor area, not to exceed four (4) anchor
signs at the shopping center; and (ii) each anchor sign shall not exceed six (6) square feet in
SIgn area.
c. Canopy signs. A canopy sign shall not extend above or below the edge of the canopy's
fascia.
d. Freestanding signs. The following regulations shall apply to freestanding signs: (i) the
maximum combined size of a freestanding sign and its support structure shall not exceed two
5
and one-half (2.5) times the maximum allowable sign size; and (ii) a lot with less than one
hundred (100) feet of frontage, on which there is erected a freestanding sign on the date of the
adoption of this regulation, shall be permitted one (1) freestanding sign.
e. Gasoline service station fuel price signs. Gasoline service stations shall be permitted
additional sign area for the exclusive purpose of displaying fuel prices. This sign area shall
be calculated at a maximum of fifty (50) percent of the principal sign area to which it is
attached or sixteen (16) square feet, whichever is less.
f. Menu signs. An outdoor menu sign shall be permitted as a directory sign only on a lot with a
permitted drive-through use and shall not be visible from any street.
g. Off-site signs. An off-site sign shall count toward the signage allowed on the lot on which the
sign is located.
h. Projecting signs. A projecting sign shall not be mounted on the fascia of a canopy and shall
not be mounted such that the projecting sign extends, in whole or in part, above the top of the
wall structure.
1. Wall signs. In order to be eligible to have a wall sign, the establishment shall have an
exterior wall.
J. Signs using rare gas illumination. Signs using exposed rare gas illumination, and signs
within the entrance corridor overlay district visible from an entrance corridor overlay street
that use rare gas illumination covered by a transparent material, shall not have a brightness
that exceeds thirty (30) milliamps. Brightness shall be determined by the zoning
administrator, who shall consider information provided by the sign manufacturer, the rated
size of the sign's transformer, and any other relevant information deemed appropriate.
(12-10-80; 7-8-92, § 4.15.12; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05)
State law reference - Va. Code § 15.2-2280.
Sec. 4.15.22 Sign maintenance
Each sign, including the sign structure, shall be maintained at all times in a safe structural condition, and
in a neat and clean condition, and shall be kept free from defective or missing parts. If the sign is
illuminated, all lighting fixtures and sources of illumination shall be maintained in proper working order.
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 six to zero, as recorded
below, at a regular meeting held on March 16,2005. /_,
.J !
I
I }' ! /'"
{( L~\ CC.t·
Clerk, Board of County Superviso
Aye Nay
Mr. Bowerman y
Mr. Boyd y
Mr. Dorrier Y
Mr. Rooker y
Ms. Thomas Y
Mr. Wyant Y
6
COUNTY OF ALBEMARLE
.
EXECUTIVE SUMMARY
AGENDA TITLE: ZTA 04-05 Public Hearing to Amend the
Sign Regulations
AGENDA DATE:
Planning Commission: February 15, 2005
Board of Supervisors: March 16, 2005
SUBJECT/PROPOSAUREQUEST: Amend Section 4.15 of
the Zoning Ordinance, "Signs", for Neon, Advertising
Vehicles, Commercial Flags, Window Advertisement and
Agricultural Product Signs
ITEM NUMBER:
ACTION: Yes
INFORMATION:
CONSENT AGENDA:
ACTION:
INFORMATION:
STAFF CONT ACT(S):
Amelia McCulley, Greg Kamptner
ATTACHMENTS: Yes
BACKGROUND:
This draft ordinance reflects the work of a Focused Sign Committee, chartered by the Board to provide broad and
balanced citizen input and to serve as a focus group. This Committee was comprised of representatives from various
business and citizen interests. They met seven times with staff over the course of six months (May - November, 2003).
Staff provided research of the sign regulations from 21 different localities inside and outside Virginia for these four topics.
.ifhe Committee also utilized the expertise of two local sign business owners at several meetings. The Committee's
recommendations (majority opinion) are reflected in Attachment A and are also in a chart also showing existing regulations
and staff recommendations (Attachment B).
On February 25, 2004, staff held a community roundtable to hear public input based on the Committee's
recommendations, We also solicited community comments through March 1ih.
On April 19th and May 3rd, staff and the Architectural Review Board held work sessions on the focused sign topics. On
June 1 S\ July 20th and January 11 th 2005, staff and the Planning Commission held work sessions on the focused sign
topics.
In conclusion, this draft ordinance has been discussed and improved through the input of a Focused Sign Committee and
a community roundtable as well as through a total of five (5) work sessions with the ARB and the Planning Commission.
The entire ordinance with proposed revisions noted, is found in Attachment D.
PUBLIC PURPOSE TO BE SERVED:
Staff offers that the resolution of intent was adopted and the Sign Committee was chartered because the current sign
regulations related to the four focused topics, are problematic and do not adequately reflect the community's interest. Staff
and the Commission recommend an additional amendment to provide for "agricultural product signs." While this was not
one of the four focused sign topics, it has been incorporated into the draft ordinance and serves the Comprehensive Plan
goal to facilitate viable agricultural uses.
DISCUSSION:
Staff recommendations are generally consistent with the Committee's recommendations as shown in the chart in
. Attachment B. Staff agreed with the Committee for noncommercial flags but recommends fewer and smaller commercial
flags than the Committee. Staff's recommendation for one commercial flag a maximum of 24 square feet per lot is
consistent with input received at the community roundtable.
ZTA 04-05 Focused Sign Ordinance
Page 2
The "agricultural product sign" similar to the provision for a real estate sign, would be permitted at a maximum of 32
square feet and is available without a sign permit. This topic arose after a Commission work session as a need for
farmers to more easily advertise products for sale.
Staff will address the three (3) criteria which the Board has previously asked staff to discuss with text amendments.
Administration I Review Process: Commercial flags, temporary window advertisement and agricultural product signs
are all recommended as exempt from the requirement of a sign permit. This recommendation is based on an intent to
reduce and simplify the administration of those regulations for both staff and the applicants. While the zoning regulation of
temporary window advertisement is a new provision, it will provide consistency and close the gap where it has been
regulated by the ARB in the Entrance Corridors.
Housing Affordability: The proposed amendment would not affect housing afford ability.
Implications to Staffing I Staffing Costs: The only regulation among these which will increase the administrative burden
and will therefore have staffing implications is the enforcement of temporary window advertisement violations. While our
zoning enforcement program is one which is responsive to complaint as opposed to a proactive program, it is difficult to
estimate the implication to staffing and staffing costs from the new regulation of temporary window advertisement.
However, because it is a new regulation, it will increase zoning staff responsibilities.
RECOMMENDATION:
Staff hereby recommends adoption of the draft ordinance found in Attachment C.
Attachment:
A Summary of Final Focused Sign Committee Input
B Chart of Existing Regulations, Committee and Staff Recommendations
C Draft Ordinance dated 2/4/05
o Entire Sign Ordinance
.
.
.
ATTACHMENT A
FOCUSED SIGN COMMITTEE
SUMMARY OF COMMITTEE INPUT
2-10-04
COMMERCIAL FLAGS
· A maximum of 3 flagpoles with a maximum of 3 flags (of any type, governmental,
commercial or otherwise) per pole per lot.
· The maximum fla size is determined b the hei ht of the fla ole.
Fla Pole Hei ht in Feet Maximum Fla Size in S uare Feet
U to 25 24
30 40
35 47.5
40 60
· Any flag containing commercial speech may not be larger than the largest
governmental flag.
· Commercial flags will not be permitted on lightposts and buildings. Decorative
banners or flags will be allowed on lightposts.
· Minority opinion (2 members): either keep the regulations as they are and
prohibit commercial flags or limit to 1 commercial flag per lot.
· Minority opinion (1 member): Commercial flags should count against the total
sign area allowed per business.
ADVERTISING VEHICLE
· A sign on a vehicle is PERMITTED IF: a) the vehicle is parked in a parking space
which serves the advertised business, OR b) the vehicle is used in the transportation
of the business.
· A sign on a vehicle is NOT PERMITTED IF: a) The vehicle is parked so as to be
visible from public roads in a space which does not serve the advertised business,
OR b) the vehicle the sign is on, is inoperative, OR c) the vehicle or trailer is not
capable of being moved on its own for example because it is not self-propelled, OR
d) the sign on the vehicle is a modification of the manufacturer's profile.
· The size of a sign does not determine whether the advertising vehicle is permitted or
prohibited. The regulation is determined by other things, such as whether the sign is
visible from a road.
NEON
· Bare or uncovered neon is permitted, provided a) it meets some (as of yet
undetermined) standard for maximum brightness, b) it does not create the effect of
animation or movement and c) it does not outline any structure, sign, window, or part
thereof (as is restricted for other forms of light).
· The brightness (lumens) testing would apply to bare neon and not to covered
neon.
· Minority opinion (1 member) Firmly opposed to any bare neon, in any
application, anywhere. It is not needed and there are many other methods of
signage available. Allowing bare neon will be inconsistent with the ARB
3
Page 2
Sign Committee Conclusions
guidelines which will not allow it, and will therefore only allow bare neon in the
rural or secondary commercial areas.
WINDOW SIGNAGE
. Temporary window signage will continue to be regulated as it currently is. No
ARB approval is required, but Zoning approval is required and permits a limited
number of signs per year, for a limited number of days. Signs which do not meet
the temporary window signage limitations must be approved as permanent
window signs.
· The display of goods in a window shall not be considered a window sign. A
window sign is affixed to either the interior or exterior of the window or door.
· Permanent window signs do not require a permit from Zoning but do require ARB
approval as applicable.
· Window signage cannot cumulatively exceed 25% of the total window and door
area on the first floor. Window signage on any given window cannot exceed 25%
of the area of that window. Window signs may be placed on any floor.
· Provision is made for a process to consider a waiver or modification of the 25%
coverage for window signs.
. Minority opinion (1 member) The discrepancy between a window sign and
wall sign is problematic to controlling any sign. Any permanent sign should
be sized such as the suggested 9 square feet as has been decided by the
ARB. Temporary signs should be restricted to 25% of the glazed area.
Windows as voids or transparence are integral aspects of the building's
façade and its appearance and should be allowed to act as such.
BIKE RACK ISSUES
1. For PO, NMD or downtown areas like Crozet, we will need to address signage.
Public input and input from DISC II would be helpful/appropriate to determine how to
address signage in those areas.
2. Should ARB review of signs in the EC be revisited? Is there a need to regulate
signage, given the zoning sign regulations?
Perhaps need some less subjective process. Three members stated they think the
ARB should have oversight in EC. One member suggested that "well designed
signage and appropriately designed buildings to accept signage are assets to the
environment. This is an aesthetic impact that is enormous and the zoning
regulations do not address aesthetics.
One member suggested they should get their issues in black and white in the Z.O.
Another suggested that the guidelines should be such that the ARB is not
necessary .
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ATTACHMENT C
Draft: 02/04/05
.
ORDINANCE NO. 05-18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC
REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that
Chapter 18, Zoning, Article II, Basic Regulations, of the Code of the County of Albemarle are
amended and reordained as follows:
By Amending:
Sec. 4.15.2
Sec. 4.15.6
Sec. 4.15.7
Sec. 4.15.16
Sec. 4.15.22
Definitions
Signs exempt from the sign permit requirement
Prohibited signs and sign characteristics
Regulations applicable to certain sign types
Sign maintenance
Chapter 18. Zoning
Article 2. Basic Regulations
Sec. 4.15.2 Definitions
.
The following definitions shall apply in the interpretation and implementation of this section
4.15:
(1) Advertising vehicle. The term "advertising vehicle" means a type of portable sign that is
either: (i) a motor vehicle, trailer or semi trailer that is inoperati'le within the meaning of
Virginia Code § 16.2 100; or (ii) a motor vehicle, trailer or semi trailer that is not used for
transportation in the daily non advertising activities ofthe business at whieh it is parked, and
is parked in the public view for the purpose of attraeting attention. }..dvertising yehicles
include any temporary or permanent signs resting on or attached to vehicles. motor vehicle.
trailer or semi trailer (collectivelv. "vehicle") havin!:! a Dermanent or temDorarv si!:!n affixed.
Dainted on or Dlaced UDon it. includin!:! a si!:!n that alters the vehicle's manufacturer's Dfofile:
Dfovided that a temDorarv si!:!n affixed to an emDlovee's Dfivate vehicle durin!:! his or her
workin!:! hours is not an advertisin!:! vehicle.
(1.1) Aczricultural oroduct sien. The term "a!:!ricultural Dfoduct si!:!n" means a si!:!n or si!:!ns
identifvin!:! the Dfoduce. croos. animals or ooultrv raised or auartered on the Dfooertv.
(7) Banner. The term "banner" means a temDorarv sign that is made of a nonrigid surface such
as fabric or paper, with no enclosing framework that is not a Dennant. consistin!:! of a Diece of
fabric or other flexible material. susDended from a fixed structure. rooe. wire. strin!:! or cable.
.
(20) Farm sign. The term "farm sign" means a sign that identifies the name of a property aÐ:€lfef
its products, for property in agricultural or forestal use.
1
g
ATTACHMENT C
Draft: 02/04/05
(22) Flag. The term "flag" means a piece of fabrie, banner or bunting that contains a distinctive
color, design, size, pattern or symbol. sÜm consistim! of a niece of fabric or other flexible
material attached to a flail nole. excent as otherwise authorized. A flail remesentinll the official
svrnbol of a national. state or local Ilovemment is not a silln for the nurooses of section 4.15 (for
advisorv rules and customs nertaininll to flvinll the flail ofthe United States of America. see 4
U.S.C. & 5 et sea,). A "commercial flail" is a flail that contains commercial sneech. A
"noncommercial flail" is a flail that contains no commercial sneech. such as decorative.
hosnitalitv. and seasonal flails containinll no advertisinll. words or 101l0s related to a snecific
business. moduct or service. and does not remesent the official svrnbol of a national. state or
local Ilovemment.
(37) Pennant. The term "pennant" means a series of two (2) or more sections of fabric, plastic or
other material, whether or not containing a message of any kind, suspended from a fixed
structure, rope, wire, string or cable, a niece of fabric or other flexible material that is Ilenerallv
trianllular and tanerinll. susnended from a fixed structure. rone. wire. strinll or cable and designed
to move in the wind and including, but not limited to, streamers and tinsel.
(39) Portable sign. The term "portable sign" means a temporary sign that is not permanently
affixed to the ground or to a permanent structure, or a sign that can be moved to another
location including, but not limited to, a sign erected on a trailer, a sign with attached wheels, or a
sign consisting of A-shaped or T-shaped frames, or an advertising vehicle. See Figure I
following this section.
(42.1) Rare f!as illumination: The term "rare Ilas illumination" means a silln usinll a rare Ilas
such as neon. arQon. helium. xenon or krvnton in a Qlass tube for illumination.
(47) Sign. The term "sign" means any object, device or structure, or any part thereof including
the sign face and the sign structure, visible from beyond the boundaries of the lot on which it is
located, which exists primarily to advertise, identify, display, or direct or attract attention to a
structure, object, person, institution, organization, business, product, service, event, issue or
location by any means, including letters, figures, designs, devices, pictures, projected images,
symbols, fixtures, colors, logos, emblems, or insignias or any part or combination thereof. Aft
object s\:lch as a banner, balloon, three dimensional figure, pennant, streamer or flag is a sign
for purposes of this section 1.15 if it exists for one or more of the purposes identified in this
definition. ¿^.. flag whose design denotes the official symbol of a national, state or local
gO'lernment is not a sign.
2
q
.
ATTACHMENT C
Draft: 02/04/05
(51) Temporary sign. The term "temporary sign" means a sign. other than a window si!ln. that
is displayed for only a limited period of time authorized in section 4.15.4(D), that describes or
identifies participants in a seasonal, brief or particular event or activity to be or being conducted
upon a lot.
(55) Window sign. The term "window sign" means a sign affixed to, or visible from the
outdoors through, a window in a strncture within the entrance corridor overlay district, or visible
from an entrance corridor street, b\:1t does not include goods \yhich are sold or are available for
purchase on the premises a Dermanent or temDorarv si!!n affixed to the interior or exterior of a
window or door. or within three (3) feet of the interior of the window or door: orovided that the
disDlav of !!oods available for Durchase on the oremises is not a window si!!n.
Sec. 4.15.6 Signs exempt from the sign permit requirement
The following signs are exempt from the sign permit requirement set forth in section
4.15.4 provided that they comply with the regulations set forth below and all other applicable
regulations of this section 4.15:
(1) Af!ricultural oroduct sif!n. One or two a!!ricultural oroduct si!!ns that do not exceed an
a!!!!re!!ate ofthirtv-two (32) sauare feet in sÜm area.
.
(l¡) Auction sign. An auction sign that does not exceed four (4) square feet in sign area, and
which is posted for a total of thirty (30) days or less in a calendar year. Such an auction
sign shall be removed within seven (7) days after date of the auction.
(~J) Commemorative plaque. A commemorative plaque that does not to exceed four (4) square
feet in sign area.
(~ Construction sign. A constrnction sign that does not exceed thirty-two (32) square feet in
sign area. Such a constrnction sign shall be removed within seven (7) days after issuance
of a certificate of occupancy.
(4~ Estate sign. An estate sign that does not exceed four (4) square feet in sign area.
(~~ Farm sign. A farm sign that does not include commercial identification and does not
exceed four (4) square feet in sign area.
(61) Home occupation class B sign. A home occupation class B sign that does not exceed four
(4) square feet in sign area.
(1£) Incidental sign. An incidental sign that does not exceed four (4) square feet in sign area.
.
(~) Political sign. One or more political signs that do not exceed the maximum sign area
allowed for the physical type of the sign (e.g., freestanding, wall) within the applicable
zoning district.
3
iQ
ATTACHMENT C
Draft: 02/04/05
(91Q) Private drive sign. A private drive sign that does not exceed four (4) square feet in sign
area, limited to one such sign per entrance.
(-WI I) Public sign. A public sign.
(HU) Residence sign. A residence sign that does not exceed four (4) square feet in sign area.
(-l-2:U) Residential sign. One or more residential signs that are not illuminated signs and do not
exceed thirty-two (32) square feet in cumulative sign area.
(Hli) Special decorçztive display. A special decorative display used for holidays or public
events, and which is displayed for a total of sixty (60) days or less in a calendar year.
Such a display shall be removed within seven (7) days of said event.
(l4li) Temporary directional sign. A temporary directional sign that is erected no closer than
five (5) feet from a front lot line and does not exceed four (4) square feet in sign area.
(14ill Real estate sign. A real estate sign that does not exceed thirty-two (32) square feet in
sign area. Such a real estate sign shall be removed from the site within seven (7) days of
sale, lease or rental.
(+6!Z) Warning sign. A warning sign that is erected by a private landowner and does not exceed
four (4) square feet in sign area. '
(1-100 Window sign. A Dermanent window sign,: Dfovided that it does not exceed twentv-five
Dercent (25%) of the total area of the window or door on which it is located. and the
al!l!rel!ate area of all window sil!ns on each window or door does not exceed twentv five
Dercent (25%) of the total area of the window and door: and further Dfovided that if a
Dermanent window sil!n will be on a structure within the entrance corridor overlav district
and the window sil!n is visible from an entrance corridor overlav street. that the al!l!rel!ate
area of all window sil!ns shall not exceed nine (9) SQuare feet Der business and that a
certificate of aDDfoDfiateness for the window sil!n is obtained as Dfovided in section
4.15.15.
(19) Commercial fia' !. A commercial flal!. subiect to the followinl!: (i) not more than one (1 )
flal! mav be flown on a lot. Dfovided that if the lot is four (4) acres or larl!er. then one (1 )
additional flal! mav be flown: (ii) the flal! shall not exceed twentv-four (24) SQuare feet in
size: and (iii) the flal! shall be flown on a flal! Dole and. if two (2) flal!s mav be flown.
thev mav either be on the same or on seDarate flal! Doles.
(20) Noncommercial fia' !. A noncommercial flal!. subiect to the followinl!: (i) the flal! shall
not exceed twentv-four (24) feet in size: (ii) on commercial. institutional and industrial
lots. the flal! shall be disDlaved onlv on Drivatelv owned lil!ht DostS and shall be installed
in a manner so that it remains taut and flaDDinl! and movement is minimized: (ii) on
residential and al!riculturallots. the flal! shall be disDlaved from a mount on a dwellinl!
unit or other Dermitted Dfimarv or accessorv structure. a flal! Dole. a mast. or susDended
from a fixed structure. roDe. wire. strinl! or cable.
4
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ATTACHMENT C
Draft: 02/04/05
(21 ) Advertisine vehicle. An advertisinQ vehicle in which none of the Dfohibited conditions
delineated in section 4.15. 7( c )(2)(ii) or (iii) exist that is: (i) used as transDortation for the
business: and (ii) Darked in an aDDfoved DarkinQ SDace or DarkinQ area that serves the
advertised business. or temDorarilv Darked at another business to activelv receive or Dfovide
Qoods or services. such as to load or unload Qoods. Dfovide on-site services. receive vehicle
maintenance and reDair. or obtain food for the driver and DaSSenQers.
(12-10-80; 7-8-92, § 4.15.04; Ord. 01-18(3), 5-9-01)
State law reference ~ Va. Code § 15.2-2280.
Sec. 4.15.7 Prohibited signs and sign characteristics
Notwithstanding any other provision of this section 4.15, the following signs and sign
characteristics are prohibited in all zoning districts:
a. Signs that violate state or federal law. Signs that violate state or federal law,
including but not limited to:
1. A sign that violates any law of the Commonwealth of Virginia related to outdoor
advertising, including but not limited to Virginia Code §§ 33.1-351 to 33.1-381,
inclusive, and 46.1-174.
.
2. A sign that violates any law of the United States related to the control of outdoor
advertising, including but not limited to 23 U.S.C. § 131.
3. A sign that violates any state or federal law related to Virginia byways or scenic
highways.
4. A sign that violates the building code or the fire code.
b. Signs with characteristics that create a safety hazard or are contrary to the general
welfare. Signs whose construction, design, location or other physical characteristic
create a safety hazard or are contrary to the general welfare, as follows:
1. Sign that is attached to another thing. A sign, other than a public sign or a
warning sign, that is nailed, tacked, painted or in any other manner attached to
any tree, cliff, fence, utility pole or support, utility tower, rack, curbstone,
sidewalk, lamp post, hydrant, bridge or public property of any description.
2. Sign that casts illumination off-site. A sign that casts illumination, directly or
indirectly, on any street, or on any adjacent property within a residential district.
3. Floating sign. A sign that is a moored balloon or other type of tethered floating
sign.
.
4. Lighting that illuminates outline. Lighting that outlines any structure, window.
sign structure, sign or part thereof with neon usinQ rare Qas illumination or other
light.
5
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ATTACHMENT C
Draft: 02/04/05
5. Sign that imitates a traffic sign or signal or a road name sign. A sign that
imitates an official traffic sign or signal or a road name sign, or conflicts with
traffic safety needs due to its location, color, movement, shape or illumination.
6. Sign with neon usinf! rare f!as illumination. .^.. sigH that uses exposed, bare, or
uncovered neon illumination, or uses neon illumination covered by a transparent
material, including such signs installed within a building or structure within the
entrance corridor overlay district and visible from an entrance corridor. A si2.n
that uses exoosed. bare or uncovered rare 2.as illumination havin2. a bri2.htness
that exceeds thirty (30) milliamos: orovided that a si2.n within the entrance
corridor overlav district that is visible from an entrance corridor overlav street
that uses exoosed. bare or uncovered rare 2.as illumination in clear. rather than
frosted. tubin2.. re2.ardless of bri2.htness. is also orohibited.
7. Sign that obstructs vision. A sign that obstructs free or clear vision, or otherwise
causes a safety hazard for vehicular, bicycle, or pedestrian traffic due to its
location, shape, illumination or color: and window si2.ns whose a2.2.re2.ate area on
a window or door exceed twentv five oercent (25%) ofthe total area ofthe
window or door.
8. Pennants, ribbons, spinners streamers. Pennants, ribbons, spinners, streamers or
similar moving devices, whether or not they are part of a sign.
9. Sign erected in public right-of-way. A sign, other than a public sign, erected on or
over a public right-of-way unless the sign is authorized under section 4.15.5.
10. Sign that contains or consists of searchlight, beacon or strobe light. A sign, other
than a public sign, that contains or consists of a searchlight, beacon, strobe light,
or similar form of illumination.
11. Sign that produces sound. A sign that produces sound for the purpose of
attracting attention regardless of whether the sign has a written message content.
12. Sign that contains or consists of strings of light bulbs. A sign that contains or
consists of one (1) or more strings of light bulbs that is not part of a decorative
display.
13. Sign with unsafe illumination. A sign that is illuminated so as to be unsafe to
vehicular or pedestrian traffic.
14. Sign erected in unsafe location. A sign that is erected in a location so as to be
unsafe to vehicular or pedestrian traffic.
15. Sign determined by official to create safety hazard. A sign whose characteristics,
including but not limited to its construction, design or location, are determined by
a fire official, the building official, or a law enforcement officer to create a safety
hazard.
6
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.
ATTACHMENT C
Draft: 02/04/05
16. Window si'ím above the first floor. excevtion. A commercial window sÜm affixed
to a window or door above the first floor of the structure unless the business to
which the sil!n Dertains does not OCCUDV any first floor SDace.
c. Certain sign types. Signs that are:
1. Animated signs. includinl! sil!ns usinl! rare I!as illumination. that I!ive the
aDDearance of animation.
2. Advertising vehicles. where the: (i) the vehicle is Darked so as to be visible
from a Dublic ril!ht-of-wav in a Darkinl! sDace or Darkinl! area not authorized bv
section 4.15.6(20); (ii) the vehicle is inoDerable: or (iii) the vehicle is incaDable of
movinl! on its own or is not self-moDelled.
3. Banners, except as an authorized temporary sign under section 4.15.4(d)'
4. Billboards.
5. Flashing signs.
6. Moving signs. includinl! sil!ns usinl! rare I!as illumination. that !!ive the
aDDearanCe of movement. but not includinl! flal!s that meet the reauirements of
sections 4.15.6(18) or 4.15.6(19),
.
7. Roof signs.
(12-10-80; 7-8-92, § 4.15.06; Ord. 01-18(3), 5-9-01)
State law reference - Va. Code § 15.2-2280.
Sec. 4.15.16 Regulations applicable to certain sign types
In addition to all other regulations set forth in this section 4.15, the following regulations
apply to the sign types identified herein:
a. All sign types. The following regulations shall apply to all signs, including exempt
signs: (i) no sign shall be erected within the applicable minimum setback area or
within the sight distance triangle; and (ii) the area of the sign face shall not exceed
two hundred (200) percent of the sign area.
b. Anchor signs. In each shopping center exceeding one hundred thousand (100,000)
square feet in gross floor area: (i) one (1) freestanding anchor sign shall be permitted
for each one hundred thousand (100,000) square feet in gross floor area, not to exceed
four (4) anchor signs at the shopping center; and (ii) each anchor sign shall not
exceed six (6) square feet in sign area.
.
c. Canopy signs. A canopy sign shall not extend above or below the edge of the
canopy's fascia.
7
14
ATTACHMENT C
Draft: 02/04/05
d. Freestanding signs. The following regulations shall apply to freestanding signs: (i)
the maximum combined size of a freestanding sign and its support structure shall not
exceed two and one-half (2.5) times the maximum allowable sign size; and (ii) a lot
with less than one hundred (100) feet of frontage, on which there is erected a
freestanding sign on the date of the adoption of this regulation, shall be permitted one
(1) freestanding sign.
e. Gasoline service station fuel price signs. Gasoline service stations shall be permitted
additional sign area for the exclusive purpose of displaying fuel prices. This sign area
shall be calculated at a maximum of fifty (50) percent of the principal sign area to
which it is attached or sixteen (16) square feet, whichever is less.
f. Menu signs. An outdoor menu sign shall be permitted as a directory sign only on a
lot with a permitted drive-through use and shall not be visible from any street.
g. Off-site signs. An off-site sign shall count toward the signage allowed on the lot on
which the sign is located.
h. Projecting signs. A projecting sign shall not be mounted on the fascia of a canopy
and shall not be mounted such that the projecting sign extends, in whole or in part,
above the top of the wall structure.
1. Wall signs. In order to be eligible to have a wall sign, the establishment shall have an
exterior wall.
(i) Sirms usin[[ rare [[as illumination. SiQ:ns usinQ: eXDosed rare Q:as illumination. and
siQ:ns within the entrance corridor overlav district visible from an entrance corridor
overlav street that use rare Q:as illumination covered bv a transDarent material. shall
not have a briQ:htness that exceeds thirtv (30) milliamDs. BriQ:htness shall be
determined bv the zoninQ: administrator. who shall consider information Dfovided bv
the siQ:n manufacturer. the rated size ofthe siQ:n's transformer. and anv other relevant
information deemed aDDfomiate.
(12-10-80; 7-8-92, § 4.15.12; Ord. 01-18(3), 5-9-01)
State law reference - va. Code § 15.2-2280.
Sec. 4.15.22 Sign maintenance
Each sign, including the sign structure, shall be maintained at all times in a safe structural
condition, and in a neat and clean condition, and shall be kept free from defective or missing
parts. If the siQ:n is illuminated. allliQ:htinQ: fixtures and sources of illumination shall be
maintained in DfODer workinQ: order.
8
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ATTACHMENT C
Draft: 02/04/05
.
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
Aye Nay
Mr. Bowerman
Mr. Boyd
Mr. Domer
Mr. Rooker
Ms. Thomas
Mr. Wyant
.
.
9
10
ATTACHMENT D
2/8/2005
.
4.15 SIGNS (New sections adopted 7-8-92 and 5-9-01; old sections repealed at the same time.)
4.15.1 PURPOSE AND INTENT
The purpose and intent of this section 4.15 include, but are not limited to, the following:
a. The board of supervisors finds that signs are a separate and distinct use of the property upon
which they are located and affect the uses and users of adjacent streets, sidewalks and other
areas open to the public; and that the unregulated erection and display of signs constitute a
public nuisance detrimental to the health, safety, convenience and general welfare of the
public. Therefore, the purpose of this section 4.15 is to establish reasonable regulations
pertaining to the time, place and manner in which outdoor signs and window signs may be
erected and maintained in order to:
1. Promote the general health, safety and welfare, including the creation of an attractive and
harmonious environment;
2, Protect the public investment in the creation, maintenance, safety and appearance of its
streets, highways and other areas open to the public;
3. Improve pedestrian and vehicular safety by avoiding saturation and confusion in the field
of vision that could otherwise result if such signs were not regulated as provided herein;
and
4. Protect and enhance the county's attractiveness to tourists and other visitors as sources of
economic development.
. b.
c.
d.
The board of supervisors finds that the regulations in this section 4.15 advance the significant
governmental interests identified herein and are the minimum amount of regulation necessary
to achieve them.
The regulations in this section 4.15 shall apply to all outdoor signs.
Signs are classified and regulated in this section 4.15 by their purpose (e.g., anchor sign),
physical type (e.g., fteestanding sign), location (e.g., off-site sign) and characteristics (e.g.,
illuminated sign). Each sign subject to this section 4.15 shall comply with all regulations
applicable to that sign.
(12-10-80; 7-8-92, § 4.15,01; Ord. 01-18(3), 5-9-01)
State law reference- Va. Code § 15.2-2280.
4.15.2 DEFINITIONS
The following definitions shall apply in the interpretation and implementation of this section 4.15:
(1) AMENDED Advertising vehicle. The term "advertising vehicle" means a type of portable
sign that is either: (i) a motor vehicle, trailer or semi-trailer that is inoperative within the
meaning of Virginia Code § 46.2-100; or (ii) a motor vehicle, trailer or semi-trailer that is not
used for transportation in the daily non-advertising activities of the business at which it is
parked, and is parked in the public view for the purpose of attracting attention. Advertising
vehicles include any temporary or pennanent signs resting on or attached to vehicles.
(1.1) ADDED AGRICULTURAL PRODUCT SIGN
.
(2) Anchor sign. The term "anchor sign" means a sign that identifies any specific business within
a shopping center.
18-4-43
Zoning Supplement #15,5-9-01
IB
ATTACHMENT D
2/8/2005
(3) Animated sign. The term "animated sign" means a sign that moves or a sign that changes
lighting by any mechanical, electrical or other device.
(4) Auction sign. The term "auction sign" means a sign that advertises an auction to be
conducted.
(5) Awning. The term "awning" means a covering attached to a structure, erected on or over a
window or door, and typically supported by a metal frame.
(6) Awning sign. The term "awning sign" means a type of projecting sign that is painted or
printed on, or attached to, the surface of an awning.
(7) AMENDED Banner. The term "banner" means a sign that is made of a nonrigid surface such
as fabric or paper, with no enclosing framework.
(8) Billboard. The term "billboard" means a freestanding off-site sign that exceeds thirty-two
(32) square feet in sign area.
(9) Bulletin board sign. The term "bulletin board sign" means a type of directory sign that has
changeable copy enclosed in a casement covered by glass, plexiglass or other transparent
material.
(10) Canopy. The term "canopy" means a permanent structure, or part thereof, that has a roof with
support but no walls, and is intended as shelter.
(11) Canopy sign. The term "canopy sign" means a type of wall sign that is attached to the fascia
of a canopy. See Figure I following this section.
(12)Commercial speech. The term "commercial speech" means speech that is an expression
related solely to the economic interests of the speaker and its audience, concerns lawful
activity, and is not misleading.
(13) Construction sign. The term "construction sign" means a sign that identifies a construction
project and/or an architect, contractor, subcontractor, material supplier or lending institution
participating in the construction project.
(14) Copy. The term "copy" means the letters, figures, designs, devices, pictures, projected
images, symbols, fixtures, colors, logos, emblems, or insignias displayed on a sign face.
(15) Directory sign, The term "directory sign" means a type of freestanding or wall sign, other
than a development's primary freestanding sign, that displays the names and/or the addresses
of the establishments or uses of a building or group of buildings located within the
development for the sole purpose of providing direction, that is not erected at the road
entrance to the development, and includes, but is not limited to, a bulletin board sign. See
Figure I following this section.
(16) Electric message sign. The term "electric message sign" means a sign on which the copy can
or altered by electric, electro-mechanical or electronic means.
(17) Erect. The term "erect" means, in the appropriate context, to affix, construct, hang, install,
locate, paint, place or print.
(18) Establishment. The term "establishment" means a public or private institution or a place of
business; for purposes of this definition, the number of franchises held by an automobile
dealership shall not be relevant to the determination as to what is an establishment.
(19) Estate sign, The term "estate sign" means a sign that identifies the name of a private
residence.
(20) AMENDED Farm sign. The term "farm sign" means a sign that identifies the name of a
property and/or its products, for property in agricultural or forestal use.
18-4-44
Zoning Supplement #15,5-9-01
Ie¡
ATTACHMENT D
2/8/2005
.
(21 ) Fascia. The term "fascia" means one or more of the vertical faces of the roof of a canopy or
structure.
(22) AMENDED Flag. The term "flag" means a piece of fabric, banner or bunting that contains a
distinctive color, design, size, pattern or symbol.
(23) Flashing sign. The term "flashing sign" means an illuminated sign of which all or part of the
illumination is flashing or intermittent, or changing in degrees of intensity, brightness or
color.
(24) Freestanding sign. The term "freestanding sign" means a sign that is supported from the
ground and not attached to a structure. See Figure I following this section.
(25)Home occupation Class B sign. The term "home occupation Class B sign" means a sign on
the premises of a dwelling unit that has an authorized Class B home occupation that only
states the name of the person occupying the dwelling and identifies the product or service
offered by the home occupation.
(26) Illuminated sign. The term "illuminated sign" means a sign, or any part of a sign, that is
illuminated by an external or internal light source.
(27) Incidental sign. The tenn "incidental sign" means a sign that has a purpose secondary to the
use of the lot on which it is located, such as "handicap parking," "no parking," "entrance,"
"loading only," "telephone," and other similar directives.
.
(28) Maintain. The term "maintain" means the cleaning, painting, repair or replacement of
defective parts of a sign in a manner that does not alter in any way, however slight, the copy,
design, or the structure of the sign.
(29) Marquee. The term "marquee" means a fixed covering that projects over an entrance to a
theater or other building.
(30) Marquee sign, The tenn "marquee sign" means a type of wall sign incorporated in or
attached to a marquee, and that may have changeable copy.
(31) Menu sign, The term "menu sign" means a sign designed and located to be read from a drive-
thru lane.
(32) Moving sign. The term "moving sign" means a sign, any part of which moves by means of an
electrical, mechanical or other device, or that is set in motion by wind.
(33) Noncommercial speech. The term "noncommercial speech" means speech that is not
conunercial speech, but does not include expressions related solely to the economic interests
of the speaker and its audience that do not concern lawful activity or are misleading,
(34) Nonconforming sign. The term "nonconforming sign" means a lawful sign existing on the ef-
fective date of this section 4.15 that does not comply with the requirements contained herein.
(35)Off-site sign. The term "off-site sign" means a sign that is not located on the same lot with the
use to which it pertains, but does not include a sign located in a public right-of-way.
(36)On-site sign. The term "on-site sign" means a sign located on the same lot with the principal
use to which it pertains, and includes every sign whose copy is exclusively nonconunercial
speech.
(37) AMENDED Pennant. The term "pennant" means a series of two (2) or more sections of
fabric, plastic or other material, whether or not containing a message of any kind, suspended
from a fixed structure, rope, wire, string or cable, and designed to move in the wind and
including, but not limited to, streamers and tinsel.
.
18-4-45
Zoning Supplement #15, 5-9-01
2-0
ATTACHMENT D
2/8/2005
(38) Political sign. The term "political sign" means a sign that pertains to the candidacy of one or
more persons for an elective office, or pertains to one or more issues to be voted upon, in an
upconúng election.
(39) AMENDED Portable sign. The term "portable sign" means a temporary sign that is not
permanently affixed to the ground or to a permanent structure, or a sign that can be moved to
another location including, but not linúted to, a sign erected on a trailer, a sign with attached
wheels, a sign consisting of A-shaped or T -shaped frames, or an advertising vehicle. See
Figure I following this section.
(40) Private drive sign. The term "private drive sign" means an on-site sign that contains only the
words "private drive."
(41) Projecting sign. The term "projecting sign" means a sign, other than a wall sign, that is
attached to a structure but which is not mounted parallel to the structure's wall surface, and
includes, but is not linúted to, an awning sign. See Figure I following this section.
(42) Public sign. The term "public sign" means a sign that is erected and maintained by a town,
city, county, state or federal government or an authority thereof, and any lawful road name
and number sign regardless of whether it was publicly or privately erected or maintained.
(42.1) ADDED RARE GAS ILLUMINATION
(43) Real estate sign. The term "real estate sign" means a sign that is used to advertise the sale,
lease, rental, development or other use of the property on which the sign is located.
(44) Residence sign. The term "residence sign" means a sign erected on a lot containing a private
dwelling that identifies the name of the occupant and/or the street address of the residence.
(45) Residential sign. The term "residential sign" means a sign erected on a lot containing a
private dwelling whose copy is exclusively noncommercial speech.
(46) Roof sign. The term "roof sign" means a sign erected on a structure that extends, in whole or
in part, above the top of the wall of the structure; except that a sign located on a fake mansard
is not a roof sign, but is a wall sign.
(47) AMENDED Sign. The term "sign" means any object, device or structure, or any part thereof
including the sign face and the sign structure, visible from beyond the boundaries of the lot on
which it is located, which exists primarily to advertise, identify, display, or direct or attract
attention to a structure, object, person, institution, organization, business, product, service,
event, issue or location by any means, including letters, figures, designs, devices, pictures,
projected images, symbols, fixtures, colors, logos, emblems, or insignias or any part or
combination thereof. An object such as a banner, balloon, three-dimensional figure, pennant,
streamer or flag is a sign for purposes of this section 4.15 if it exists for one or more of the
purposes identified in this defmition. A flag whose design denotes the official symbol of a
national, state or local government is not a sign.
(48) Sign face. The term "sign face" means the area or display surface used to advertise, identify,
display, or direct or attract attention. See Figure I following this section.
(49) Sign structure. The term "sign structure" means the supports, uprights, bracings and
framework of any structure, be it single-faced, double-faced, V-type or otherwise, used to
exhibit a sign. See Figure I at the end of this section.
(50) Subdivision sign. The term "subdivision sign" means a type of freestanding sign erected at
the entrance of a residential development that identifies the development.
(51) AMENDED Temporary sign. The term "temporary sign" means a sign that is displayed for
only a linúted period of time authorized in section 4.l5.4(D), that describes or identifies
participants in a seasonal, brief or particular event or activity to be or being conducted upon a
lot.
18-4-46
Zoning Supplement #15, 5-9-01
ZI
ATTACHMENT D
2/8/2005
.
(52) Visible. The term "visible" means that which is capable of being seen, whether or not legible,
by a person of normal visual acuity.
(53) Wall sign. The term "wall sign" means a sign, other than a projecting sign, that is painted on,
printed on, or attached to, a wall of a building and parallel to the wall, is located on a fake
mansard, or is a canopy sign or a marquee sign. See Figure I following this section.
(54) Warning sign. The term "warning sign" means a sign that provides a warning or a notice to
persons on, or entering upon, the premises on which the sign is located including, but not
limited to, signs stating that solicitations, hunting, fishing or trespassing is prohibited, that a
dog is present on the property, and that the property is protected by a security or alarm
system.
(55) AMENDED Window sign. The term "window sign" means a sign affixed to, or visible from
the outdoors through, a window in a structure within the entrance corridor overlay district, or
visible from an entrance corridor street, but does not include goods which are sold or are
available for purchase on the premises.
(12-10-80; 7-8-92, § 4.15.03; Ord. 01-18(3), 5-9-01)
.
RpN/I:D\ÛtI...of" 'I)pe
.. '.. "".. -, " . . ," .' ".,-,.,'.'. ....- ,',
. . .. .. ". .
4.15.3 SIGN CONTENT
Each sign authorized in this section 4.15 may contain any noncommercial copy in lieu of, or in
addition to, any commercial copy.
(Ord. 01-18(3), 5-9-01)
State law reference- Va. Code § 15.2-2280.
.
4.15.4 SIGNS AUTHORIZED BY SIGN PERMIT
18-4-47
Zoning Supplement #15,5-9-01
l2-
ATTACHMENT D
2/8/2005
Except as provided in sections 4.15.6 (exempt signs) and 4.15.24 (nonconforming signs), a sign
permit shall be required for each sign erected on the same lot with the principal use to which it
pertains, prior to its erection, alteration, replacement or relocation, as provided herein:
a. Application. An application for a sign permit shall be submitted to the department of building
code and zoning services, together with payment of the fee required for the application
pursuant to section 35.0 of this chapter. A complete application shall consist of the following:
1. A fully completed application form, provided to the applicant by the zoning
administrator;
2. A schematic legibly drawn to scale and sufficiently detailed showing the location and
dimensions of the sign; and
3. Any plans, specifications and details pertaining to, among other things, the sign materials,
the methods of illumination, methods of support, components, and the condition and age
of the sign, as determined by the zoning administrator to be necessary for the review of
the application.
b. Application review and permit issuance. A sign permit application shall be reviewed and
acted upon by the zoning administrator only as provided herein:
1. Within thirty (30) days of the receipt of a complete sign permit application, or within
seven (7) days of the receipt of a complete sign application for a temporary sign, the
zoning administrator shall review the application and either: (i) approve the application;
(ii) deny the application; (iii) refer the application to the applicant for more information
as may be required by subsection (A)(3); (iv) refer the application to the board of zoning
appeals because the applicant must obtain a special use permit pursuant to section 4.15.5;
and/or (v) refer the application to the architectural review board because the proposed
sign will be located within the entrance corridor overlay district and a certificate of
appropriateness is required. An application shall be denied only if the proposed sign is a
prohibited sign or does not comply with the regulations set forth in this section 4.15. If
the application is denied, the reasons shall be specified in writing.
2. If the zoning administrator fails to take one of the actions described herein within thirty
(30) days of receipt of a complete sign permit application, or within seven (7) days of the
receipt of a complete sign application for a temporary sign, the permit shall be deemed
approved as received.
c. Administration, generally. Except for permits issued for temporary signs, which are subject
to the regulations in subsection (D), the following regulations shall apply to the administration
of sign permits:
1. A sign permit shall become null and void if the use to which the sign permit pertains is
not conunenced within six (6) months after the date the sign permit or certificate of
appropriateness is issued, whichever is later or, if the sign contains exclusively
nonconunercial copy, the sign is not erected within six (6) months after the date the sign
permit is issued. Upon written request by the permittee and upon good cause shown, the
zoning administrator may grant an extension of the six (6)-month period.
2. The zoning administrator shall revoke a sign permit if the sign does not comply with any
applicable regulation of this section 4.15.
d. Administration, permits for temporary signs. The following regulations shall apply to the
administration of sign permits issued for temporary signs:
18-4-48
Zoning Supplement #15,5-9-01
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ATTACHMENT D
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.
1. A temporary sign that is a portable sign shall be stabilized so as not to pose a danger to
public safety. Prior to the sign being erected, the zoning administrator shall approve the
method of stabilization.
2. No more than four (4) permits for temporary signs shall be issued by the zomng
administrator to the same establishment in any calendar year.
3. Each permit for a temporary sign shall be valid for a period not to exceed fifteen (15)
consecutive days after the erection of the sign.
(12-10-80; 7-8-92, §§ 4.15.09, 4.15.09.1, 4.15.09.2, 4.15.09.3; Ord. 01-18(3), 5-9-01)
State law reference- Va. Code §§ 15.2-2280, 15.2-2286.
4.15.5 SIGNS AUTHORIZED BY SPECIAL USE PERMIT
Except as provided in subsection (D), electric message signs, off-site signs, and signs in public
rights-of-way may be authorized only by special use permit, as provided herein:
a. Circumstances under which signs may be authorized. The signs may be authorized only
under the following circumstances:
1. Off-site signs. Off-site signs may be authorized by special use permit within any zoning
district.
.
2. Electric message signs. Electric message signs may be authorized by special use permit
within any commercial or industrial zoning district, or any commercially designated areas
of a planned unit development.
3. Signs in public rights-of-way. Signs in public rights-of-way; provided: (1) the subdivision
or planned development to which the sign pertains abuts the public right-of-way; (2) the
sign is either a subdivision sign or a sign identifying a planned development authorized
by sections 19.0,20.0,25.0, 25A, and 29.0; (3) the freestanding sign regulations, other
than setback regulations, applicable to the lot with the use to which the sign pertains shall
apply; and (4) if the sign is located within an entrance corridor overlay district, a
certificate of appropriateness is issued by the architectural review board.
b. Authority. The authority to issue a special use permit for off-site signs and electric message
signs is hereby granted to the board of zoning appeals.
c. Procedure and administration. The application procedure, the fmdings and conditions to be
applied by the board of zoning appeals when considering an application for a special use
permit, and the authority to revoke such a permit, shall be as provided in section 31.2.4 of this
chapter. In addition to the foregoing:
1. For an off-site sign, the board of zoning appeals shall also find that the issuance of a
special use permit is necessary because an on-site sign would be ineffective to
communicate its message off-site because of topography or vegetation.
2. For an electric message sign, the board of zoning appeals shall also find that the sign
complies with all applicable state laws for such signs.
.
3. A permit number for each special use permit issued for an off-site sign shall be affixed to
the sign in a conspicuous place.
18-4-49
Zoning Supplement #15, 5-9-01
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ATTACHMENT D
2/8/2005
d. Exception; certain off-site signs. A special use permit shall not be required for off-site
directional, political, subdivision or temporary signs.
(12-10-80; 7-8-92, § 4.15.05; Ord. 01-18(3), 5-9-01)
State law reference- Va. Code §§ 15,2-2280, 15.2-2286.
4.15.6 SIGNS EXEMPT FROM THE SIGN PERMIT REQUIREMENT
The following signs are exempt from the sign permit requirement set forth in section
4.15.4 provided that they comply with the regulations set forth below and all other applicable
regulations.ofthis section 4.15:
(1) ADDED AGRICULTURAL PRODUCT SIGN and renumbered
(1) Auction sign. An auction sign that does not exceed four (4) square feet in sign area, and
which is posted for a total of thirty (30) days or less in a calendar year. Such an auction sign
shall be removed within seven (7) days after date of the auction.
(2) Commemorative plaque. A commemorative plaque that does not to exceed four (4) square
feet in sign area.
(3) Construction sign. A construction sign that does not exceed thirty-two (32) square feet in
sign area. Such a construction sign shall be removed within seven (7) days after issuance of a
certificate of occupancy.
(4) Estate sign. An estate sign that does not exceed four (4) square feet in sign area.
(5) Farm sign. A farm sign that does not include commercial identification and does not exceed
four (4) square feet in sign area.
(6) Home occupation class B sign. A home occupation class B sign that does not exceed four (4)
square feet in sign area.
(7) Incidental sign. An incidental sign that does not exceed four (4) square feet in sign area.
(8) Political sign. One or more political signs that do not exceed the maximum sign area allowed
for the physical type of the sign (e.g., freestanding, wall) within the applicable zoning district.
(9) Private drive sign. A private drive sign that does not exceed four (4) square feet in sign area,
limited to one such sign per entrance.
(10) Public sign. A public sign.
(11) Residence sign. A residence sign that does not exceed four (4) square feet in sign area.
(12)Residential sign. One or more residential signs that are not illuminated signs and do not
exceed thirty-two (32) square feet in cumulative sign area.
(13)Special decorative display. A special decorative display used for holidays or public events,
and which is displayed for a total of sixty (60) days or less in a calendar year. Such a display
shall be removed within seven (7) days of said event.
(14) Temporary directional sign. A temporary directional sign that is erected no closer than five
(5) feet from a front lot line and does not exceed four (4) square feet in sign area.
18-4-50
Zoning Supplement #15,5-9-01
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ATTACHMENT D
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.
(15)Real estate sign. A real estate sign that does not exceed thirty-two (32) square feet in sign
area. Such a real estate sign shall be removed fÌom the site within seven (7) days of sale,
lease or rental.
(16) Warning sign. A warning sign that is erected by a private landowner and does not exceed
four (4) square feet in sign area.
(17) AMENDED Window sign. A window sign.
(18)ADDED COMMERCIAL FLAG
(19)ADDED NONCOMMERCIAL FLAG
(20)ADDED ADVERTISING VEHICLE
(12-10-80; 7-8-92, § 4.15.04; Ord. 01-18(3), 5-9-01)
State law reference - Va. Code § 15.2-2280.
4.15.7 PROHIBITED SIGNS AND SIGN CHARACTERISTICS
Notwithstanding any other provision of this section 4.15, the following sIgns and sIgn
characteristics are prohibited in all zoning districts:
a. Signs that violate state or federa/law. Signs that violate state or federal law, including but
not limited to:
.
1. A sign that violates any law of the Commonwealth of Virginia related to outdoor
advertising, including but not limited to Virginia Code §§ 33.1-351 to 33.1-381,
inclusive, and 46.1-174.
2. A sign that violates any law of the United States related to the control of outdoor
advertising, including but not limited to 23 U.S.C. § 131.
3. A sign that violates any state or federal law related to Virginia byways or scemc
highways.
4. A sign that violates the building code or the Üre code.
b. Signs with characteristics that create a safety hazard or are contrary to the general welfare.
Signs whose construction, design, location or other physical characteristic create a safety
hazard or are contrary to the general welfare, as follows:
1. Sign that is attached to another thing. A sign, other than a public sign or a warning sign,
that is nailed, tacked, painted or in any other manner attached to any tree, cliff, fence,
utility pole or support, utility tower, rack, curbstone, sidewalk, lamp post, hydrant, bridge
or public property of any description.
2.
3.
. 4.
Sign that casts illumination off-site. A sign that casts illumination, directly or indirectly,
on any street, or on any adjacent property within a residential district.
Floating sign. A sign that is a moored balloon or other type of tethered floating sign.
AMENDED Lighting that illuminates outline. Lighting that outlines any structure, sign
structure, sign or part thereof with neon or other light.
18-4-51
Zoning Supplement #15,5-9-01
20
ATTACHMENT D
2/8/2005
5. Sign that imitates a traffic sign or signal or a road name sign. A sign that imitates an
official traffic sign or signal or a road name sign, or conflicts with traffic safety needs due
to its location, color, movement, shape or illumination.
6. AMENDED Sign with neon illumination. A sign that uses exposed, bare, or uncovered
neon illumination, or uses neon illumination covered by a transparent material, including
such signs installed within a building or structure within the entrance corridor overlay
district and visible from an entrance corridor.
7. AMENDED Sign that obstructs vision. A sign that obstructs free or clear vision, or
otherwise causes a safety hazard for vehicular, bicycle, or pedestrian traffic due to its
lo¡:ation, shape, illumination or color.
8. Pennants, ribbons, spinners streamers. Pennants, ribbons, spinners, streamers or similar
moving devices, whether or not they are part of a sign.
9. Sign erected in public right-ofway. A sign, other than a public sign, erected on or over a
public right-of-way unless the sign is authorized under section 4.15.5.
10. Sign that contains or consists of searchlight, beacon or strobe light. A sign, other than a
public sign, that contains or consists of a searcWight, beacon, strobe light, or similar form
of illumination.
11. Sign that produces sound. A sign that produces sound for the purpose of attracting atten-
tion regardless of whether the sign has a written message content.
12. Sign that contains or consists of strings of light bulbs. A sign that contains or consists of
one (1) or more strings of light bulbs that is not part of a decorative display.
13. Sign with unsafe illumination. A sign that is illuminated so as to be unsafe to vehicular or
pedestrian traffic.
14. Sign erected in unsafe location. A sign that is erected in a location so as to be unsafe to
vehicular or pedestrian traffic.
15. Sign determined by official to create safety hazard. A sign whose characteristics,
including but not limited to its construction, design or location, are determined by a fIre
official, the building official, or a law enforcement officer to create a safety hazard.
16. ADDED WINDOW SIGN ABOVE THE FIRST FLOOR, EXCEPTION
c. Certain sign types. Signs that are:
1. AMENDED Animated signs.
2. AMENDED Advertising vehicles.
3. Banners, except as an authorized temporary sign.
4. Billboards.
5. Flashing signs.
6. AMENDED Moving signs.
18-4-52
Zoning Supplement #15,5-9-01
-21
ATTACHMENT D
2/8/2005
.
7. Roof signs.
(12-10-80; 7-8-92, § 4.15.06; Ord. 01-18(3), 5-9-01)
State law reference- Va. Code § 15.2-2280.
4.15.7.1 (Repealed 5-9-01)
4.15.7.2 (Repealed 5-9-01)
4.15.7.3 (Repealed 5-9-01)
4.15.7.4 (Repealed 5-9-01)
4.15.7.5 (Repealed 5-9-01)
4.15.7.6 (Repealed 5-9-01)
4.15.8 REGULATIONS APPLICABLE IN THE RA, VR, R-1 AND R-2 WNING DISTRICTS
The following regulations pertaining to the number of signs permitted per lot or
establishment, the sign area, sign height, and setback requirements shall apply to each sign for
which a sign permit is required within the Rural Areas (RA), Village Residential (VR) and
Residential (R-l and R-2) zoning districts:
.
Sign Type Number of Signs Allowed Sign Area Sign Height Sign Setback
(Maximum) nvIaximum) (Minimum)
Directory 1 or more per establishment, 24 square feet, aggregated 6 feet 10 feet
as authorized bv zoning administrator
I per street frontage, or 2 per entrance, per lot 24 square feet, aggregated;
with 100 or more feet of continuous street
Freestanding frontage, plus 1 per lot if the lot is greater than ifmore than 1 sign, no 1 0 feet 10 feet
single sign shall exceed 12
4 acres and has more than 1 approved entrance square feet
on its frontage
Subdivision 2 per entrance per subdivision 24 square feet, aggregated, 6 feet 5 feet
ner entrance
10 feet, if freestanding
1 per street sign; 20 feet, if wall
Temporary frontage per establishment 24 square feet sign, but not to exceed 10 feet
the top of the fascia or
mansard
40 square feet, aggregated Same as that
Wall As calculated pursuant to section 4.15.20 in the RA zoning district; 20 feet applicable to
20 square feet, aggregated,
in other zoning districts structure
(12-10-80; 7-8-92, § 4.15.12.1; Ord. 01-18(3), 5-9-01)
State law reference - Va. Code § 15.2-2280.
4.15.9 REGULATIONS APPLICABLE IN THE R-4 AND R-6 WNING DISTRICTS
The following regulations pertaining to the number of signs permitted per lot or establishment, the
sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is
required within the Residential (R-4 and R-6) zoning districts:
.
18-4-53
Zoning Supplement #15, 5-9-01
'Lb
ATTACHMENT D
2/8/2005
Sign Type Number of Signs Allowed Sign Area Sign Height Sign Setback I
(Maximum) (Maximum) (Minimum)
Directory I or more per establishment, 24 square feet, aggregated 6 feet I 0 feet
as authorized by zonine: administrator
I per street frontage, or 2 per entrance, per lot 24 square feet, aggregated;
with 100 or more feet of continuous street
Freestanding frontage plus I per lot if the lot is greater than if more than I sign, no 10 feet 10 feet
single sign shall exceed 12
4 acres and has more than I approved entrance square feet
on its frontae:e
20 feet, but not to
Projecting 1 per street frontage 24 square feet exceed the top of the Not applicable
fascia or mansard
Subdivision 2 per entrance per subdivision 24 square feet, aggregated, 6 feet 5 feet
Der entrance
10 feet, if freestanding
I per street sign; 20 feet, if wall
Temporary frontage per establishment 24 square feet sign, but not to exceed 10 feet
the top of the fascia or
mansard
Same as that
Wall As calculated pursuant to section 4.15.20 20 square feet, aggregated 20 feet applicable to
structure
(12-10-80; 7-8-92, § 4,15.12.2; Ord. 01-18(3), 5-9-01)
State law reference- Va. Code § 15.2-2280.
4.15.9.1 (Repealed 5-9-01)
4.15.9.2 (Repealed 5-9-01)
4.15.9.3 (Repealed 5-9-01)
4.15.9.4 (Repealed 5-9-01)
4.15.9.5 (Repealed 5-9-01)
4.15.10 REGULATIONS APPLICABLE IN THE R-10, R-15 AND PRD ZONING DISTRICTS
The following regulations pertaining to the number of signs pennitted per lot or establishment, the
sign area, sign height, and setback requirements shall apply to each sign for which a sign pennit is
required within the Residential (R-10 and R-15) and Planned Residential Development (PRD)
zoning districts:
Sign Type N umber of Signs Allowed Sign Area Sign Height Sign Setback
(Maximum) (Maximum) (Minimum)
Directory 1 or more per establishment, 24 square feet, aggregated 6 feet 5 feet
as authorized by zonine: administrator
1 per street frontage, or 2 per entrance, per lot 24 square feet, aggregated;
with 100 or more feet of continuous street
Freestanding frontage plus I per lot if the lot is greater than if more than I sign, no 12 feet 5 feet
single sign shall exceed 12
4 acres and has more than I approved entrance square feet
on its frontae:e
20 feet, but not to
Projecting I per street frontage 24 square feet exceed the top of the Not applicable
fascia or mansard
Subdivision 2 per entrance per subdivision 24 square feet, aggregated, 6 feet 5 feet
Der entrance
12 feet, if freestanding
I per street sign; 20 feet, if wall
Temporary 24 square feet sign, but not to exceed 5 feet
frontage per establishment the top of the fascia or
mansard -
18-4-54
Zoning Supplement #15, 5-9-01
'zq
ATTACHMENT D
2/8/2005
.
Wall
As calculated pursuant to section 4.15.20
I square foot per I linear
foot of establishment
structure frontage, not to
exceed 32 uare feet
20 feet
Same as that
applicable to
structure
(12-10-80; 7-8-92, § 4.15.12.3; Ord. 01-18(3), 5-9-01)
State law reference- Va. Code § 15.2-2280.
4.15.11 REGULATIONS APPLICABLE IN THE PUD AND NMD ZONING DISTRICTS
The following regulations pertaining to the number of signs permitted per lot or establishment, the
sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is
required within the Planned Unit Development (PUD) and Neighborhood Model (NMD) zoning
districts:
.
Sign Type Number of Signs Allowed Sign Area Sign Height Sign Setback
(Maximum) (Maximum) (Minimum)
Directory I or more per establishment, 24 square feet, aggregated 6 feet 5 feet
as authorized by zoning administrator
I per street frontage, or 2 per entrance, per lot 24 square feet, aggregated;
with 100 or more feet of continuous street
Freestanding frontage plus I per lot if the lot is greater than if more than I sign, no 12 feet 5 feet
single sign shall exceed 12
4 acres and has more than I approved entrance square feet
on its frontage
30 feet, but not to
Projecting I per street frontage 24 square feet exceed the top of the Not applicable
fascia or mansard
Subdivision 2 per entrance per subdivision 24 square feet, aggregated, 6 feet 5 feet
per entrance
12 feet, if freestanding
sign; 20 feet, if
residential wall sign or
Temporary I per street 24 square feet 30 feet if 5 feet
frontage per establishment nonresidential wall
sign, but not to exceed
the top of the fascia or
mansard
I square foot per I linear
foot of establishment 20 feet, if residential
structure frontage, not to Same as that
Wall As calculated pursuant to section 4.15.20 exceed 32 square feet if wall sign or 30 feet if applicable to
nonresidential wall
residential wall sign, or sign structure
100 square feet if
nonresidential wall silm
(12-10-80; 7-8-92, § 4.15.12.4; Ord. 01-18(3),5-9-01; Ord. 03-18(2), 3-19-03)
State law reference- Va. Code § 15.2-2280.
4.15.12 REGULATIONS APPLICABLE IN THE C-l AND CO ZONING DISTRICTS
The following regulations pertaining to the number of signs permitted per lot or establishment, the
sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is
required within the Commercial (C-1) and Commercial Office (CO) zoning districts:
Sign Type
Number of Signs Allowed
Directory
I or more per establishment,
as authorized b zonin administrator
I per street frontage, or 2 per entrance, per lot
with 100 or more feet of continuous street
fronta e Ius I er lot if the lot is eater than
24 square feet, aggregated
32 square feet, aggregated;
if more than I sign at an
entrance, no sin Ie si
6 feet
5 feet
.
Freestanding
12 feet
5 feet
18-4-55
Zoning Supplement #15,5-9-01
'30
ATTACHMENT D
2/8/2005
4 acres and has more than 1 approved entrance shall exceed 16 square feet
on its fronta2e
30 feet, but not to
Projecting * 1 per street frontage 32 square feet exceed the top of the Not applicable
fascia or mansard
12 feet, if freestanding
1 per street sign; 30 feet if wall
Temporary frontage per establishment 32 square feet sign, but not to exceed 5 feet
the top of the fascia or
mansard
I square foot per 1 linear Same as that
Wall* As calculated pursuant to section 4.15.20 foot of establishment 30 feet applicable to
structure frontage, not to
exceed 100 square feet structure
*Each establishment may have both a projecting sign and a wall sign. If the establishment has
both such signs, the allowed sign area of the wall sign shall be reduced by the sign area of the
projecting sign (which may not exceed thirty-two (32) square feet).
(12-10-80; 7-8-92, § 4.15.12.5; Ord. 01-18(3), 5-9-01)
State law reference- Va. Code § 15.2-2280.
4.15.12.1 (Repealed 5-19-01)
4.15.12.2 (Repealed 5-19-01)
4.15.12.3 (Repealed 5-19-01)
4.15.12.4 (Repealed 5-19-01)
4.15.12.5 (Repealed 5-19-01)
4.15.12.6 (Repealed 5-19-01)
4.15.12.7 (Repealed 5-19-01)
4.15.12.8 (Repealed 5-19-01)
4.15.13 REGULATIONS APPLICABLE IN THE HC, PD-SC AND PD-MC ZONING DISTRICTS
The following regulations pertaining to the number of signs pennitted per lot or establishment, the
sign area, sign height, and setback requirements shall apply to each sign for which a sign pennit is
required within the Highway Commercial (HC), Planned Development-Shopping Center (PD-SC)
and Planned Development-Mixed Commercial (PD-MC) zoning districts:
Sign Type
Number of Signs Allowed
Directory
I or more per establishment,
as authorized b zonin administrator
1 per street frontage, or 2 per entrance, per lot
with 100 or more feet of continuous street
frontage plus 1 per lot ifthe lot is greater than
4 acres and has more than 1 approved entrance
on its fronta e
24 square feet, aggregated
6 feet
5 feet
Freestanding
32 square feet, aggregated;
if more than I sign at an
entrance, no single sign
shall exceed 16 square feet
12 feet
5 feet
Projecting *
I per street frontage
32 square feet
30 feet, but not to
exceed the top of the
fascia or mansard
Not applicable
Temporary
I per street
fronta e er establishment
32 square feet
12 feet, if freestanding
si ; 30 feet if wall
5 feet
18-4-56
Zoning Supplement #15.5-9-01
3\
ATTACHMENTD
2/8/2005
.
sign, but not to exceed
the top of the fascia or
mansard
Wall*
As calculated pursuant to section 4.15.20
1.5 square feet per 1 linear
foot of establishment
structure frontage, not to
exceed 200 s uare feet
30 feet
Same as that
applicable to
structure
*Each establishment may have both a projecting sign and a wall sign. If the establishment has
both such signs, the allowed sign area of the wall sign shall be reduced by the sign area of the
projecting sign (which may not exceed thirty-two (32) square feet).
(12-10-80; 7-8-92, § 4.15.12.6; Ord. 01-18(3), 5-9-01)
State law reference- Va. Code § 15.2-2280.
4.15.13.1 (Repealed 5-19-01)
4.15.13.2 (Repealed 5-19-01)
4.15.14 REGULATIONS APPLICABLE IN THE HI, LI AND PD-IP ZONING DISTRICTS
The following regulations pertaining to the number of signs permitted per lot or establishment, the
sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is
required within the Heavy Industry (HI), Light Industry (U) and Planned Development-Industrial
Park (PD-IP) zoning districts.
.
Number of Signs Allowed Sign Area Sign Height Sign Setback
Sign Tvpe (Maximum) (Maximum) (Minimum)
Directory 1 or more per establishment, 24 square feet, aggregated 6 feet 5 feet
as authorized by zoning administrator
1 per street frontage, or 2 per entrance, per lot 32 square feet, aggregated;
with 100 or more feet of continuous street
Freestanding frontage plus 1 per lot if the lot is greater than if more than 1 sign at an 12 feet 5 feet
entrance, no single sign
4 acres and has more than 1 approved entrance shall exceed 16 square feet
on its frontage
30 feet, but not to
Projecting * 1 per street frontage 32 square feet exceed the top of the 5 feet
fascia or mansard
12 feet, if freestanding
1 per street sign; 30 feet if wall
Temporary frontage per establishment 32 square feet sign, but not to exceed 5 feet
the top of the fascia or
mansard
1.5 square feet per I linear Same as that
Wall* As calculated pursuant to section 4,15.20 foot of establishment 30 feet applicable to
structure frontage, not to
exceed 200 square feet structure
*Each establishment may have both a projecting sign and a wall sign. If the establishment has
both such signs, the allowed sign area of the wall sign shall be reduced by the sign area of the
projecting sign (which may not exceed thirty-two (32) square feet).
(12-10-80; 7-8-92, § 4.15.12.7; Ord. 01-18(3),5-9-01)
State law reference- Va. Code § 15.2-2280.
4.15.14.1 (Repealed 5-19-01)
.
4.15.14.2 (Repealed 5-19-01)
18-4-57
Zoning Supplement #15, 5-9-0 I
'3'2-
ATTACHMENT D
2/8/2005
4.15.15 REGULATIONS APPLICABLE IN THE ENTRANCE CORRIDOR OVERLAY
DISTRICT
In addition to all other regulations set forth in this section 4.15, the following regulations shall
apply within the entrance corridor overlay zoning district:
a. Certificate of appropriateness required. Prior to the erection of a sign that would be visible
from an entrance corridor street, including a sign erected on or visible through a window on a
structure, the owner or lessee of the lot on which the sign will be located shall obtain a
certificate of appropriateness for that sign.
b. Authority and procedure for acting upon application for certificate of appropriateness. The
authority and procedure for acting upon an application for a certificate of appropriateness for
a sign shall be as set forth in sections 30.6.4, 30.6.7 and 30.6.8 of this chapter, and as follows:
1. The agent is authorized to review and act upon an application for a certificate of
appropriateness for a sign if the sign will not require a variance and the sign: (i) will
either not be internally illuminated or will be internally illuminated with an opaque
background; (ii) will replace an existing sign that will be substantially the same as the
existing sign; or (iii) will be in a multi-business complex or shopping center, the
architectural review board has completed its comprehensive sign review therefor, and the
sign will meet all of the requirements established by the architectural review board during
its review. The agent may require that a sign otherwise eligible for review by the agent
be reviewed by the architectural review board.
2. The architectural review board shall review and act upon an application for a certificate
of appropriateness for each sign that is not eligible for review by the agent as provided in
subsection (B)(l), or that is referred to the architectural review board by the agent.
3. Each application for a certificate of appropriateness shall be accompanied by a site plan
that shows the location of all signs proposed to be erected on the lot or lots subject to the
site plan.
c. Scope of review and authority to impose conditions. Each application for a certificate of
appropriateness for a sign shall be reviewed for consistency with the purposes and
requirements of this section 4.15 and the architectural review board's design guidelines, and
conditions may be imposed upon the certificate of appropriateness to assure such consistency,
including but not limited to conditions minimizing window signs.
d. Comprehensive sign review. For each proposed new multi-business complex or shopping
center, the architectural review board shall conduct a comprehensive sign review prior to
issuing a certificate of appropriateness. The review shall include, but not be limited to, a
review and determination of the appropriate style, size, colors, materials, illumination and
location of all proposed signs, and any other provisions of the architectural review board's
design guidelines.
(12-10-80; 7-8-92, § 4.15.12.8; Ord. 01-18(3), 5-9-01)
State law reference- Va. Code §§ 15.2-2280,15.2-2286.
4.15.16 REGULATIONS APPLICABLE TO CERTAIN SIGN TYPES
In addition to all other regulations set forth in this section 4.15, the following regulations apply to
the sign types identified herein:
18-4-58
Zoning Supplement #15,5-9-01
'33
ATTACHMENT D
2/8/2005
.
a. All sign types. The following regulations shall apply to all signs, including exempt signs: (i)
no sign shall be erected within the applicable minimum setback area or within the sight
distance triangle; and (ii) the area of the sign face shall not exceed two hundred (200) percent
of the sign area.
b. Anchor signs. In each shopping center exceeding one hundred thousand (100,000) square feet
in gross floor area: (i) one (1) freestanding anchor sign shall be permitted for each one
hundred thousand (100,000) square feet in gross floor area, not to exceed four (4) anchor
signs at the shopping center; and (ii) each anchor sign shall not exceed six (6) square feet in
sIgn area.
c. Canopy signs. A canopy sign shall not extend above or below the edge of the canopy's fascia.
d. Freestanding signs. The following regulations shall apply to freestanding signs: (i) the
maximum combined size of a freestanding sign and its support structure shall not exceed two
and one-half (2.5) times the maximum allowable sign size; and (ii) a lot with less than one
hundred (100) feet of frontage, on which there is erected a freestanding sign on the date of the
adoption of this regulation, shall be permitted one (1) freestanding sign.
e. Gasoline service station fuel price signs. Gasoline service stations shall be permitted
additional sign area for the exclusive purpose of displaying fuel prices. This sign area shall be
calculated at a maximum of fifty (50) percent of the principal sign area to which it is attached
or sixteen (16) square feet, whichever is less.
.
f. Menu signs. An outdoor menu sign shall be permitted as a directory sign only on a lot with a
permitted drive-through use and shall not be visible from any street.
g, Off-site signs. An off-site sign shall count toward the signage allowed on the lot on which the
sign is located.
h, Projecting signs. A projecting sign shall not be mounted on the fascia of a canopy and shall
not be mounted such that the projecting sign extends, in whole or in part, above the top of the
wall structure.
1. Wall signs. In order to be eligible to have a wall sign, the establishment shall have an exterior
wall.
j. ADDED SIGNS USING RARE GAS ILLUMINATION
(12-10-80; 7-8-92, § 4.15.12; Ord. 01-18(3), 5-9-01)
State law reference- Va. Code § 15.2-2280.
4.15.17 DETERMINING SIGN AREA
.
The sign area shall be measured as provided herein:
a. Measurement. The sign area shall be measured as the area of a sign face within the smallest
square, circle, rectangle, triangle or combination thereof, that encompasses the extreme limits
of the letters, figures, designs, devices, pictures, projected images, symbols, fixtures, logos,
emblems or insignias, or any part or combination thereof, together with any materials or
colors forming an integral part of the background of the sign face or used to differentiate the
sign from the backdrop or structure against which it is placed. Two-sided sign faces shall be
counted as single sign face provided the angle separating them does not exceed forty-five (45)
degrees. See Figure II following this section.
b. Area not included. The sign area shall not include any supporting framework, bracing or
decorative fence or wall when such feature otherwise complies with the regulations of this
section 4.15 and is clearly incidental to the sign itself.
(12-10-80; 7-8-92, § 4.15.07.1; Ord. 01-18(3), 5-9-01)
18-4-59
Zoning Supplement #15, 5-9-01
3+
ATTACHMENT D
2/8/2005
State law reference- Va. Code § 15.2-2280.
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4.15.18 DETERMINING SIGN HEIGHT
The sign height shall be measured as provided herein:
a. Measurement. The sign height shall be measured as the vertical distance from the normal
grade directly below the sign to the highest point of the sign or sign structure, whichever is
higher, and shall include the sign base, regardless of material, including earth used primarily
to elevate the sign. See Figure III following this section.
b. Determining the highest point. In detennining the highest point of the sign or sign structure in
subsection (A), the normal grade from which to measure the bottom of the sign height shall be
that which is either existing prior to construction, or newly established after construction,
depending on which grade is more consistent with the surrounding elevation of the lot on
which the sign is located. Any fill or excavation that serves primarily to elevate the sign shall
be included in the height of the sign.
(12-10-80; 7-8-92, § 4.15.07.2; Ord. 01-18(3), 5-9-01)
State law reference- Va. Code § 15.2-2280.
18-4-60
Zoning Supplement #15, 5-9-01
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ATTACHMENT D
2/8/2005
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4.15.19 DETERMINING SIGHT DISTANCE TRIANGLE
The sight distance triangle shall be measured as provided herein:
.
a. Measurement. The sight distance triangle is that triangular area on a property between the
two lines created by the existing or proposed right-of-way lines of intersecting exterior streets
and/or street commercial entrances, and the straight line connecting them at points ten (10)
feet distant from where the right-of-way lines intersect. See Figure IV following this section.
b. Area not included. The driveway for a single-family or two-family residence shall not be
included in this calculation.
c. Extension of sight distance triangle. The sight distance triangle may be extended to confonn
to minimum Virginia Department of Transportation sight distance standards.
(12-10-80; 7-8-92, § 4.15.07.3; Ord. 01-18(3), 5-9-01)
State law reference - Va. Code § 15.2-2280.
.
18-4-61
Zoning Supplement #15,5-9-01
3(P
ATTACHMENT D
2/8/2005
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4.15.20 DETERMINING STRUCTURE FRONTAGE
The structure frontage shall be measured to calculate the permitted wall signage as provided
herein.
a. Measurement. The structure frontage is the horizontal length of the outside structure wall of
the establishment, in one plane, adjacent to a street.
b. Two or more walls adjacent to a street. If an establishment has two (2) or more walls
adjacent to a street, at least one of which is an exterior wall, one (1) of these additional walls
may be used to calculate additional wall signage at one-third (1/3) the rate as allowed on the
structure frontage. The total permitted wall signage may then be divided to be used on any
walls of the structure and/or canopy, provided that no one wall sign shall exceed the
applicable maximum allowable sign area.
(12-10-80; 7-8-92, § 4.15,07.5; Ord. 01-18(3), 5-9-01)
State law reference- Va. Code § 15.2-2280.
4.15.21 DETERMINING SIGN SETBACK
For all signs other than a sign within a public right-of-way, the sign setback shall be measured
from the property line or, in the case of an access easement, from the edge of the easement, to the
closest point of the sign. The setback for a sign within a public right-of-way shall be measured
from the edge of the travelway to the closest point of the sign. See Figure V following this
section.
(12-10-80; 7-8-92, § 4.15.07.4; Ord. 01-18(3), 5-9-01)
State law reference- Va. Code § 15.2-2280.
18-4-62
Zoning Supplement #15, 5-9-01
~l
ATTACHMENT D
2/8/2005
.
EDGE OF SIGN
III/II
.
.Fipt'e V: Detem:dDing Sip SedJect
4.15.22 SIGN MAINTENANCE
AMENDED Each sign, including the sign structure, shall be maintained at all times in a safe
structural condition, in a neat and clean condition, and shall be kept tree trom defective or missing
parts.
(12-10-80; 7-8-92, § 4.15.09.4 (part); Ord. 01-18(3), 5-9-01)
State law reference - Va. Code § 15.2-2280.
4.15.23 SIGN ALTERATION, REPAIR OR REMOVAL; WHEN REQUIRED
A sign shall be altered, repaired or removed in any of the following cases:
a. Alteration, repair or removal; unsafe or endangering condition. If a sign becomes
structurally unsafe, as determined by the building official, so as to become a danger to the
public health or safety, the zoning administrator may order the owner or lessee of the property
on which the sign is located to alter, repair or remove the sign within a time period
detemúned by the zoning administrator to be appropriate under the circumstances. If the
owner or lessee fails to comply with the order, the zoning administrator may cause the sign to
be removed or initiate such other action as may be necessary to compel the alteration, repair
or removal of the sign.
.
b. Removal; unlawful erection of sign. Ifa sign is erected on private property in violation of this
section 4.15, the zoning administrator shall order the owner or lessee of the property on which
the sign is located to remove the sign within a time period detemúned by the zoning
administrator to be appropriate under the circumstances, If the owner or lessee fails to
comply with the order, the zoning administrator may cause the sign to be removed or initiate
18-4-63
Zoning Supplement #15, 5-9-Q1
39
ATTACHMENT D
2/8/2005
such other action as may be necessary to compel compliance with the provisions of this
section 4.15. If a sign is erected on public property, including a public right-of-way in
violation of this section 4.15, any county employee may immediately remove the sign without
prior notice to the owner of the sign.
c. Removal of copy on sign face; discontinuance of pertinent use. If the use of a structure or
property is discontinued, the copy on each sign face pertaining to that use shall be removed by
the owner or lessee of the property on which the sign is located within two (2) years from the
date of the discontinuance of the use. If the owner or lessee fails to remove the copy, the
zoning administrator may cause the copy to be removed or initiate such other action as may
be necessary to compel compliance with the provisions of this section 4.15.
d. Liability for cost of removal by county. If the zoning administrator causes a sign or copy on a
sign face to be removed under the provisions of this section, the cost of such removal shall be
chargeable to the owner of the sign or the owner or lessee of the property on which the sign is
located.
e. Custody and destruction of removed signs. Cardboard and paper signs that have been
removed by the county pursuant to this section shall be destroyed upon removal. All other
signs which have been removed by the county shall be held for a period of thirty (30) days
and may be reclaimed by the sign owner within that time by reimbursing the county for the
costs of removal. If such a sign is not reclaimed within the thirty (30)-day period, it shall be
deemed to have been forfeited by the owner and shall be destroyed.
(12-10-80; 7-8-92, § 4.15.09.4 (part); Ord. 01-18(3), 5-9-01)
State law reference - Va. Code § 15.2-2280.
4.15.24 NONCONFORMING SIGNS
A nonconforming sign may continue, subject to the provisions, conditions and prohibitions set
forth herein:
a. Alteration of copy. The copy of a nonconforming sign may be altered by ref acing the sign by
or for the current owner of the establishment to which the sign pertains.
b. Alteration of sign structure. A nonconforming sign shall not be structurally altered; provided
that the zoning administrator may authorize a nonconforming sign to be structurally altered so
that it is less nonconforming and further provided that each time the nonconforming sign is
structurally altered, the sign area and sign height shall be reduced by at least twenty-five (25)
percent of its current area and height until the sign area and the sign height are conforming.
c. Consolidation. Two or more nonconforming signs on a lot may be consolidated into a single
sign; provided that the resulting sign area and sign height shall be reduced by at least twenty-
five (25) percent of its current area and height until the sign area and the sign height are
conforming, and further provided that each time the resulting nonconforming sign is thereafter
consolidated with another nonconforming sign on the lot, the resulting sign area and sign
height shall be reduced by at least twenty-five (25) percent of its current area and height, until
the sign area and the sign height are conforming. A sign resulting from the consolidation of
nonconforming signs shall not have greater sign height than any of the signs that were
consolidated.
d. Discontinuance of copy on sign face. A nonconforming sign without copy on its sign face for
a continuous period of two (2) years shall lose its nonconforming status and be removed by
the owner of the property on which the sign is located.
18-4-64
Zoning Supplement #15, 5-9-01
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ATTACHMENT D
2/8/2005
. e.
f.
g.
h.
Discontinuance of use or structure to which sign pertains. A nonconforming sign shall lose
its nonconforming status and be removed by the owner of the property on which the sign is
located if the use to which the sign pertains is discontinued for more than two (2) years.
Enlargement or extension. A nonconforming sign shall not be enlarged or extended.
Maintenance. A nonconforming sign shall be maintained in good repair and condition.
Relocation. A nonconforming sign shall not be moved to another location on the same lot or
to any other lot; provided that the zoning administrator may authorize a nonconforming sign
to be moved to a location that is more in compliance with the pwpose and intent of this
section 4.15.
1. Replacement or restoration. A nonconforming sign may be replaced or restored only as
provided below:
1. A nonconforming sign that is destroyed or damaged by the owner of the sign or the
owner of the lot on which the sign is located shall not be replaced or restored unless it
complies with this section 4.15.
2. A nonconforming sign that is destroyed or damaged as a result of factors beyond the
control of the owner of the sign and the owner of the lot on which the sign is located, to
an extent the destruction or damage exceeds fifty (50) percent of its appraised value, shall
not be replaced or restored unless it complies with this section 4.15.
.
3. A nonconforming sign that is destroyed or damaged as a result of factors beyond the
control of the owner of the sign and the owner of the lot on which the sign is located, to
an extent the destruction or damage is fifty (50) percent or less of the appraised value,
may be replaced or restored provided that the replacement or restoration is completed
within two (2) years after the date of the destruction or damage, and the sign is not
enlarged or extended.
J. Removal if in unsafe condition. A nonconforming sign declared to be unsafe by a public
safety official because of the physical condition of the sign, including an unsafe physical
condition arising from the failure of the sign to be maintained, shall be removed.
k. Registry of nonconforming signs. The owner of any property on which there is erected a
nonconforming sign shall, upon notice from the zoning administrator, submit verification
within sixty (60) days that the sign was lawfully in existence at the time of adoption of these
sign regulations. The zoning administrator shall maintain a registry of such nonconforming
sIgns.
(12-10-80; 7-8-92, §§ 4.15.09.5, 4.15.10; Ord. 01-18(3), 5-9-01)
State law reference - Va. Code § 15.2-2280.
.
18-4-65
Zoning Supplement #15,5-9-01
+0
·
·
·
ZTA 2004-005 - Signs: Amend Section 4.15.2, Definitions, Section 4,15.6, Signs exempt from the sign
permit requirement, Section 4.15.7, Prohibited signs and sign characteristics, Section 4.15.16,
Regulations applicable to certain sign types, and Section 4.15.22, Sign maintenance, of Chapter 18,
Zoning, of the Albemarle County Code. This ordinance would amend Section 4.15,2 by amending the
definitions of "advertising vehicle," "banner," "farm sign," "flag," "pennant," "portable sign," "temporary
sign," and "window sign," and would add definitions for "rare gas illumination" and "agricultural product
signs"; amend Section 4.15.6 by exempting certain window signs, flags, advertising vehicles and
agricultural product signs from the sign permit requirement; amend Section 4.15.7 by deleting the total
prohibition of neon signs, and by prohibiting certain types of signs using rare gas illUlT'in::¡tinn certain
window signs, animated and moving signs using rare gas illumination, and certain advE
and by exempting authorized flags from the class of prohibited moving signs; amend S,
imposing a brightness standard of 30 milliamps on signs using exposed rare gas illumin
the county, and on all signs using rare gas illumination covered by transparent ma
Entrance Corridor Overlay District; amend Section 4.15.22 to establish maintenance stanl
fixtures and the sources of illumination on illuminated signs; and other nonsubstantive c
sections. (Amelia McCulley)
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Ms. McCulley stated that this zoning text amendment is the culmination of a lot of good
years times since the resolution of intent. This is an amendment to Section 4.15 of the Zoning Ordinance,
which is the sign regulations for neon advertising vehicles, commercial flags, window advertisement and
agricultural product signs, The staff report contains all of the background information in terms of work
session dates and so forth in the process. In conclusion, the draft ordinance has been discussed and
improved through the input of a Focused Sign Committee, a community roundtable as well as a total of
five work sessions with the Architectural Review Board and the Planning Commission. The draft
ordinance is Attachment C. The full ordinance showing the areas of amendment is Attachment D. In
terms of public purpose, staff offers that the resolution of intent was adopted and the Sign Committee was
chartered by the Board because the current sign regulations in terms of these four topic areas are
problematic and do not adequately reflect the community's interest. Staff and the Commission
recommended an additional amendment to provide for "agricultural product signs." While this was not
one of the four focused sign topics, it has been incorporated into the draft ordinance and serves the
Comprehensive Plan goal to facilitate viable agricultural uses. The new item is the "agricultural product
sign", which the Commission has not seen in draft text, which was discussed conceptually last time. The
"agricultural product sign" is as staff has drafted it an allowance for one or two signs, a maximum of 32
square feet (if two signs it would be an aggregate) that is available without a sign permit. This would
allow farmers to more easily advertise products for sale. In addition to this "agricultural product sign" a
farm is also entitled to a farm name sign as a separate sign, which is an exempt sign,
Staff will address the three (3) criteria which the Board has previously asked staff to discuss with text
amendments.
Administration/Review Process: Commercial flags, temporary window advertisement and agricultural
product signs are all recommended as exempt from the requirement of a sign permit. The
recommendation is based on an intent to reduce and simplify the administration of those regulations for
both staff and the applicants. While the zoning regulation of temporary window advertisement is a new
provision, it will provide consistency and close the gap where it has been regulated by the ARB in the
Entrance Corridors, but has not been regulated in the Zoning Ordinance by any specific regulation. She
pointed out that she meant permanent window advertisement by calling what is temporary
interchangeable window advertisement as truly permanent advertisement. The new provision will cause
staff to spend more time because it is a new regulation.
Housing Affordability: The proposed amendment would not affect housing affordability.
Implications to Staffing/Staffing Costs: The only regulation among these which will increase the
administrative burden and will therefore have staffing implications is the enforcement of temporary
window advertisement violations. While our zoning enforcement program is one which is responsive to
complaint as opposed to a proactive program, it is difficult to estimate the implication to staffing and
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staffing costs from the new regulation of temporary window advertisement. However, it is a new
regulation; it will increase zoning staff responsibilities,
In conclusion, staff recommends adoption of the draft ordinance found in Attachment C.
Mr. Edgerton asked for clarification on what a pennant actually is, particularly in staffs additional wording
that it was two or more sections.
Ms. McCulley stated that a pennant is what you see often in areas that are not as regulated in terms of
signage. Pennants are the triangular, typically plastic, very colorful things in a line on a string that flap in
the breeze and catch your attention, which are used very often in an outdoor display of items for sale.
Mr. Kamptner stated that a single pennant could be a flag, which was not objectionable. The definition
was changed because the prior definition was very vague. He stated that they were trying to narrow the
strings, which was the reason the definition changed. The prior definition had no distinction between
flags and pennants.
Mr. Edgerton stated that language was just referring to some multiples of triangular segments,
Mr. Edgerton asked if there were any other questions for staff.
Mr. Rieley asked for clarification, which relates to a rather long conversation that they had a few weeks
ago, about governmental flags. In Attachment A it talks about the maximum of three (3) flag poles with a
maximum of three (3) flags of any type governmental, commercial or otherwise and then goes on to talk
about the maximum flag size as determined by the height of the flag pole, which are roughly in
compliance with the information that he handed out. From reading the ordinance language it does not
seen to pertain to government flags, which are shown as the second bullet.
Ms. McCulley stated that was correct.
Mr. Rieley stated that the exclusion for that is a flag representing the official symbol of a national, state or
local government, which is not a sign for purposes of Section 4.1.5, A commercial flag is a flag that
contains commercial speech and so forth. He stated that if he opened up a Mexican restaurant and put
up a 100 foot tall flag pole with a Mexican flag on it that reaches all the way to the ground so that when
the wind was blowing it would blowout 100 feet by 60 feet that it would be a 6,000 square foot sign. He
asked if that would not be regulated.
Ms. McCulley stated that she would say that if it was a Mexican store or a Mexican grocery store that flag
would serve to advertise that business.
Mr. Rieley pointed out that was not what the ordinance says.
Ms. McCulley stated that it would be an interesting appeal.
Mr. Kamptner stated that he would disagree with Ms. McCulley on that. Staff did not focus on generically
political flags, but he felt that they need to look at what they can do in regulating those types of flags and
consider that in a separate ordinance.
Mr. Rieley stated that he felt that it was an enormously significant point. He felt that it pertains to our flag
as well as other countries' flags when they are demeaned as being used as a way to attract attention to a
business and the flags are displayed improperly or the proportion if incorrect relative to the height of the
flag pole. With the language as it is, he would find it very difficult to support this.
Ms, Higgins stated that on page 4 on renumbered items 12 and 13 there is a residence sign that does not
exceed 4 square feet in sign area. She felt that was very clear, But, then there was a residential sign
which was one or more residential signs that are not illuminated signs and do not exceed thirty-two (32)
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.
feet in cumulative sign area. She asked why there is a need for a residence sign definition under exempt
signs. If they are exempting the one or more signs that do not exceed 32 square feet, then she did not
know why there was a need to have a definition for a residence sign. She asked if staff could explain the
difference between those two definitions.
Mr. Kamptner stated that the difference is in the definition of the two terms. A residence sign is a sign
directed on a lot containing a private dwelling that identifies the name of the occupant and/or the street
address of the residence. A residential sign is a sign directed on a lot containing a private dwelling whose
copy is exclusively noncommercial speech. This is the sign that is erected by the person who is
exercising their first amendment rights of free speech. An example of that would be "Stop the War" or
things like that. He stated that they are completely two types of signs. The United States Supreme Court
has said that this type of sign is entitled to the highest protection. The 32 square feet is the largest
allowed sign in the zoning district. Therefore, that is why it is a 32 square foot sign.
Ms. Higgins suggested that it read like the farm sign that says aggregate rather than cumulative, The
residence sign would have the number on it and the person's last name, which is equivalent to a farm
sign that does not include commercial identification and does not exceed 4 square feet in sign area. She
pointed out that there was a lot of existing farm signs that exceed 4 square feet in area. She pointed out
that 4 square feet was very small for a sign with the farm name on it. She asked if anyone in the
committees evaluated the farm sign area and if it was reasonable that they could be a little more flexible
than just the 4 square feet.
Ms. McCulley stated that was not one of their four topics, and she had not before now heard that
complaint about either the residence sign or the farm sign. She pointed out that four square feet is used
repeatedly with different types of signs such as warning signs, temporary directional signs, etc.
Therefore, it is a common size. She felt that it would take some further review and maybe a different
zoning text amendment to review that.
.
Ms. Joseph stated that one could get a 24 square foot sign in the rural areas with a permit.
Ms. McCulley stated that was correct.
Ms, Joseph pointed out that what they were currently talking about was those signs which are exempt.
Mr. Rieley stated that another important distinction is that an agricultural product sign can be 32 square
feet under the new regulation.
Mr. Craddock stated that when they previously discussed governmental flags and Mr. Rieley had some
examples of display that he was thinking that the United States flag had to be the tallest and the only
thing on that pole. He recognized that would not go under the commercial flags, but it says a maximum of
three flag poles with a maximum of three flags of any type. He stated that was probably what got this
started in the first place because of an American flag with something under it.
Ms. McCulley stated that what is seen in Attachment A is the focused sign committee's recommendation.
Staff did not incorporate the requirement that the commercial flag can't be larger or higher than the
governmental flag. That may be in the protocol, but staff did not incorporate that into the draft ordinance.
Mr. Craddock asked if that stands alone on itself and would supersede this.
Ms. McCulley stated that if it was not in the ordinance, then it was not something that staff would regulate.
Mr. Kamptner stated that the protocol of the United States Code was only a protocol, and they felt that for
staff to be enforcing that as a zoning regulation would be stretching our authority and staffing levels.
. Mr. Craddock asked if someone could have an X, Y, Z flag above the American flag.
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Ms. McCulley stated that you could under the proposed language of the ordinance unless it was changed,
Mr. Edgerton stated that would not affect the protocol.,
Ms. Higgins stated that it would just mean that the County would not be out there enforcing it if you did
something that was not in conformance with the protocol.
Mr. Edgerton asked if there was any way to resolve his dilemma.
Mr. Rieley stated that he thought that Ms. McCulley and Mr. Kamptner were right that more work needs to
be done in the area of the governmental flag. The last time that they met Ms. Joseph and Mr. Edgerton
were not here and they had a rather extended conversation about it. He stated that he was encouraged
to hear Mr. Kamptner say that there is a mechanism and a precedent in the state for that kind of
regulation. He stated that it seemed to be a huge hole in this ordinance to allow that kind of abuse not
only of our national flag, but of other national flags,
Mr. Edgerton asked if he was referring to the huge American flags seen at many gas stations,
Mr. Rieley agreed and pointed out that it would apply to any national or state flag. He stated that there
were not very many abuses of this in our neighborhood, although they do have some. He stated that
there were some around that were just egregious and that patriotic people calling up are not addressing
the problem, He felt that it was a much more serious issue than how pennants can be strung up in a row.
Therefore, he asked that the Commission move this ahead without the section on flags and then fix that
separately or else fix it before they act on it.
Ms. Higgins asked if he meant that they now go back and include the protocol for the flags and that sort of
thing that they at the previous meeting decided not to do.
Mr. Rieley stated that the people that were here decided that the majority of the people decided not to
move it ahead. He stated that he was not sure, particularly in hearing what Mr. Craddock had to say, that
was the current sediment. Certainly it was not something that he could support without the inclusion of
regulating the flags in a reasonable way.
Mr. Thomas disagreed with regulating the American flag, but noted that he understood Mr. Rieley's point.
Ms. Higgins agreed with Mr. Rieley's point, but not the part where it goes beyond including it here. She
disagreed that our zoning staff's time should be spent dealing with it. She stated that it could potentially
be a violation if they included it in the regulations. If someone contested it, then someone would try to
say that Albemarle County is limiting the size of an American flag. She pointed out that there has been a
flag issue before, which probably brought a lot of this up. She stated that she just did not see the
resource of zoning being spent trying to do those limited cases because of a couple of cases. If it
became prevalent and an issue that was beyond the protocol, then there would be other remedies for it.
She stated that she could not see Albemarle County as being the enforcer.
Mr. Rieley stated that she had made the same point last time they discussed this, but that he still
remained unconvinced simply because it seems perfectly silly saying that we don't want zoning people
going out and regulating the display of governmental flags because we want them to concentrate on little
pennants and where you have three pennants strung in a row. That would be a violation of the
ordinance, but, the improper display of the American flag would not. He stated that he also opposed
utilizing any national flag as a cheap advertising gimmick. He felt that it was degrading and that it was
perfectly legitimate and much more important than regulating the signs that go up in a grocery store
window on a rotating basis.
Ms. Higgins stated that there was no other regulatory cover for those, but there is one for the protocol on
flags. That is why those items are included in this ordinance.
ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 15, 2005
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4
.
Mr. Rieley stated that they were talking about Albemarle County where there is nothing in the ordinance
about this, but that there are in other places and they enforce it because it has been upheld in the courts.
Ms. Joseph stated that staff had talked about the American flag or national flags as being something that
they had been discussing that they know needs to be fixed. She asked if this was something that they
are planning to do quite soon or is it something that is on the work plan that will get buried.
Ms. McCulley stated that they had not really talked about it. She asked to hear from Mr. Kamptner as to
whether it is possible to insert language in that sentence that would otherwise exempt that type of flag
that says that if it is used for commercial expression related to the product or service available on that
property, and then it can be regulated as a sign. She stated that she did not know the legalities of that.
Mr. Thomas asked if she was requesting an opinion.
Ms. McCulley stated that she was talking about inserting some clarifying language that would say that it is
not exempt in every case, but for example the Mexican flag at the Mexican restaurant is a commercial
flag.
Mr. Rieley stated that he was not arguing that they should insert the national flag protocol into our
ordinance and enforce the protocol as if it were something. that it is not. But, he felt that there are
accepted proportions for flag display that are easy to see that should be enforced. The County would
only be alerted to them by egregious abuses. He pointed out that was what he would like to see inserted.
He stated that he did not think that trying to ascertain the intention of whether a particular display of any
national flag is for a commercial purpose or for patriotic purposes. He acknowledged that they could not
figure that out. He felt that they could have a proportion between the size of the flag and the size of the
flag pole that has been widely accepted for generations and use that as a basis for the scale of
governmental flags and enforce it in the same way that they enforce everything else.
. Ms. Joseph asked Mr. Kamptner if there was a problem with that.
Mr. Kamptner stated that there was probably not a problem with including size limitations based upon the
protocol. He stated that he could look at that and come up with some language.
Ms. McCulley stated that it would be enforcement after the fact because those are flags which are exempt
and require no permit. Therefore, it would be enforcement after the fact that is an additional enforcement
responsibility after it is in violation.
Mr. Rieley asked how that would be different from someone putting up a string of pennants.
Ms. McCulley stated that luckily people don't put up pennants very often in this area because they
recognize that the County regulates that very closely; whereas, they would not know about governmental
flags.
Ms. Higgins stated that no where in the ordinance do they give proportionality to a flag that is not exempt.
Ms. McCulley stated that was correct.
Ms. Higgins stated that they would have to incorporate that information into the ordinance as well. They
have a definition of a flag and it mentions which ones are not flags for purposes of this ordinance, but
then they don't have a relationship between a pole and a flag that is covered under this or its size in
relation to how it is supported.
Ms. McCulley stated that was correct.
. Ms. Higgins stated that they would have to do that consistently.
ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 15, 2005
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Mr. Rieley stated that would probably be fine, but that commercial flags are regulated relative to total size.
He stated that he was not suggesting that governmental flags be regulated relative to their total size, but
to their proportion to the flag poles.
Ms. Joseph pointed out that they would not be regulating the height of the flag pole either.
Mr. Edgerton opened the public hearing and invited comment from other members of the public.
Neil Williamson, representative of the Free Enterprise Forum, stated that first and foremost that the
discussion of flags has been illuminating. As one who was responsible for a business located directly on
Route 29 with 8 flag poles on the south bound side of Route 29 that he would tell them that the American
Legion and the Veterans of Foreign Wars will all send you copies of the Code for the flag if they have any
inkling that there is any issue there. He stated that he liked the conversation that had been going on that
they would not regulate that. That being said, the company that he worked for at the time was French
owned and it was very important to their corporate culture that the French flag be flown at the proper
dimension,. That was not really a commercial flag because it was very important to the ownership of the
company. That being said, he just wanted to make certain that they don't try to determine the intent as
Mr. Rieley mentioned of the flag that goes up. Finally, the dimensions of political flags he feels is a
slippery slope. He stated that there are precedents, but that governmental and commercial flags do have
a purpose and he encouraged the Commission to tread lightly.
Jeff Werner, representative for Piedmont Environmental Council, thanked the Commission for addressing
the agricultural sign issue because they had made a commitment to their agricultural economy. He stated
that it was nice to see that elevated to the same status as signage for residential developments in the
rural areas, which they don't want. He agreed with Mr. Williamson that the flag issue is an illuminating
one, As an observation, when a flag is flown at night it must be illuminated. He stated that one night that
he had seen a flag on Route 29 that was illuminated from the bottom while he was driving. He asked if
there was anyway that flags could be illuminated down because it seems like a round about way to get
around the lighting ordinance. He stated that they were really illuminating the dark sky. He asked if there
was a way to limit the lighting on signs.
There being no further public comment, Mr. Edgerton closed the public hearing to bring the matter back
before the Commission for discussion and an action.
Mr, Rieley commended staff, particularly Ms. McCulley, for taking what has been an extremely
contentious issue over the years and boiling it down to the point in which the only comment is about
governmental flags, He stated that it was an astounding accomplishment.
Ms. Higgins made a motion that ZTA-2004-005 be forwarded to the Board with a recommendation
consistent with staff's proposed revisions to the ordinance in Attachment C with a note that the
Commission has had a significant conversation about the governmental flag issue. Then potentially if the
Board wants to commit staff time to the enforcement of the governmental flag then they could consider it.
The motion died for the lack of a second.
Mr. Thomas moved for approval of ZT A-2004-005, as contained in Attachment C with no
recommendation from the Commission to the Board regarding the American flag regulations,
Ms. Higgins seconded the motion.
Mr. Edgerton asked if there was any further discussion.
Ms. Joseph stated that she felt that it was worth it to represent what Mr. Rieley was talking about
regarding the proportional aspects and would ask the Board to please look at that in their decision. She
stated that she would rather that ZT A-2004-005 not go to the Board without the discussion about that
concept.
ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 15, 2005
DRAFT MINUTES - PARTIAL SET FOR ZTA-2004-0010 CIVIL PENALTIES AND
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6
. Ms. Higgins pointed out that the Board would have the minutes of this meeting.
Ms. Joseph stated that it would just make it a little bit stronger if they send their recommendation to the
Board with a statement about that concept. She pointed out that Mr. Kamptner had said that he had been
thinking about that it was something that staff really needs to take a look at. She felt that it was valid if
staff has determined that because they are the ones who work with it all of the time and know what may
or may not happen as a result of this ordinance.
Mr. Rieley stated that his view was that staff has suggested that this needs work. Ms. McCulley thought
that a 100 foot Mexican flag will come under the ordinance and Mr. Kamptner does not. Therefore, he
thought that this section in particular needs some additional thought and work. He suggested that they
give it a week or two to get staff's best recommendation on how to address what everybody has
acknowledged is a problem,
Mr. Craddock asked if that was a new motion.
Mr. Edgerton stated that there was a motion and a second on the floor.
Mr. Rieley stated that he was just explaining why he could not support the motion.
Ms. Higgins stated that the Commission had that discussion when this came back before them and the
Commission identified the things for staff to work on. Staff has brought it back with those things. She
stated that it was no reflection upon the flag, but just about the commitment for zoning inspectors to take
on that kind of enforcement action. It really is about that and not about excluding the flag issue.
.
Mr. Edgerton asked Mr, Thomas if he would consider a friendly amendment to the motion that would
reference the Board's consideration of the minutes in the discussion that has taken place.
Mr. Thomas stated that he would agree to a friendly amendment to his motion as suggested.
Ms, Higgins accepted the friendly amendment to the motion.
Mr. Thomas stated that the recommendation was not coming from the Commission because they were
just asking that the Board review the issue,
Mr. Rieley stated that he felt that was meaningless without making a recommendation about it.
The motion carried by a vote of (5: 1). (Rieley - No) (Morris - Absent)
Mr. Edgerton stated that ZT A-2004-005, Signs would be heard by the Board on March 16.
(Recorded and transcribed by Sharon Claytor Taylor, Recording Secretary.)
.
ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 15, 2005
DRAFT MINUTES - PARTIAL SET FOR ZTA-2004-0010 CIVIL PENALTIES AND
ZT A-2004-005 SIGNS
7
FAX TRANSMITTAL
TO: Dana Hubbard
FROM: Allison Rogers
CO Daily Progress
CO Albemarle County
DEPT Classified
PHONE # 296-5823
FAX# 978-7223
Fax # 972-4012
$CLASS,MonAd,Planning Commission,
The Albemarle County Planning Commission will conduct a public hearing on Tuesday, February 22, 2005,
6:00 p.m., Meeting Room #241, Second Floor, County Office Building, 401 Mcintire Road, Charlottesville,
Virginia, to consider the following:
(1) ZMA 2004-016 Glenwood Station (Sign #60) - Request to rezone 9.31 acres from Planned Residential
Development with Special Use Permit (PRD w/SUP) for Office Use zoning district, to Neighborhood Model
District (NMD) to allow a combination of residential and commercial uses. This development includes 50
residential condominium units, 28 townhouses and a total of 78,000 square feet of commercial/office space,
which consists of 3 buildings. The property, described as Tax Map 61, Parcel 129F is located in the Rio
Magisterial District on the south side of East Rio Road, directly across from Rio East Court and between
Fashion Square Mall and Squire Hill Apartments, Route 631, approximately 1 ,600 feet from the intersection of
Route 29 and Rio Road East. The Comprehensive Plan designates this property as Urban Density,
recommended for 6.01-34 dwelling units per acre in Neighborhood Two.
(2) SP 2004-061 Glenwood Station (Sign #69) - Request for special use permit to allow development of a drive-
thru window as part of a financial institution to include a total of three lanes, with one being dedicated to an A TM
in accordance with Section 20A.6 b.1 of the Zoning Ordinance which allows for drive-through windows serving
or associated with permitted uses in a NMD, Neighborhood Model District. The property, described as Tax Map
61, Parcel 129F is located in the Rio Magisterial District on the south side of East Rio Road, directly across from
Rio East Court and between Fashion Square Mall and Squire Hill Apartments, Route 631, approximately 1 ,600
feet from the intersection of Route 29 and Rio Road East. The Comprehensive Plan designates this property as
Urban Density, recommended for 6.01-34 dwelling units per acre in Neighborhood Two.
Anyone desiring further information about the above may contact the Department of Community
Development, Second Floor, County Office Building, 401 Mcintire Road, Charlottesville, between the hours
of 8:00 a.m. and 5:00 p.m., or telephone 296-5823. Copies of the proposed plans, ordinances,
amendments, and/or applications may be examined at such location.
Reasonable accommodations will be provided to persons with disabilities, if requested.
PURCHASE ORDER # A3833
Phone 296-5823
Please note that tear sheets are required.
Date: February 3, 2005
Date Run: February 7 and February 14, 2005
\
.(dB. ,*-' '1. 2085
. Monday, February 14,2005
The AlbemarfeC~ PIàIIn¡ng CommlsSlerl
will conduct a public hearing on Tuesday,
February 22, 2005, 6:00 p.m., Meeting Room
#241, Second Floor, County Office Building,
401 Mcintire Road, Charlottesville, Virginia.
to consider the following:
(1) ZMA 2004-016 Glenwood Station (Sign .
#60) - Request to rezone 9.31 acres from
Planned Residential Development with Spe-
cial Use Permit (PRD w/SUP) for Office Use
zoning district, to Neighborhood Model Dis-
trict (NMD) to allow a combination of resi-
dential and commercial uses. This develop-
ment includes 50 residential condominium
units, 28 townhouses and a total of 78,000
square feet of commercial/office space,
which consists of 3 buildings. The pro{lerty,
described as Tax MaP 61, Parcel 129F IS lo-
cated in the Rio Mapisterial District on the
south side of East RIO Road, directly across
from Rio East Court and between Fashion
Square Mall and Squire Hili Apartm~nts,
Route 631, approximately 1,600 feet from
the intersection of Route 29 and Rio Road
East. The Comprehensive Plan designates
this property as Urban Density, recommend-
ed for 6.01-34 dwelling units per acre in
Neighborhood Two.
(2) SP 2004-061 Glenwood Station (Sign #69) -
Request for special use permit to allow de-
velopment of a drlve-thru window as part of
a financial institution to include a total of
three lanes, with one being dedicated to an
A 1M in accordance with Section 20A.6 b.l of
the Zoning Ordinance which allows for
drive-through windows serving or associat-
ed with permitted uses in a NMD, Neighbor-
hood Model District· The property, described
as Tax Map 61, Parcel 129F is located in the
Rio Magisterial District on the south side of
East Rio Road, directly across from Rio East
Court and between Fashion Square Mall and
Squire Hill Apartments, Route 631, a{lprox~
mately 1,600 feet from the intersection of
Route 29 and Rio Road East. The Compre-
hensive Plan designates this property as Ur-
ban Density, recommended for 6.01-34
dwelling Units per acre in Neighborhood
Two.
Anyone desiring further information about the
above may contact the Department of Com-
munity Development, Second Floor, County
Office Building, 401 Mcintire Road, Char-
lottesville, between the hours of 8:00 a.m.
and 5:00 p.m., or telephone 296-5823.. Copies
of the proposed )Ians, ordinances, amend-
ments, and/or applications may be examin-
ed at such location.
Re~_~~«:. , accommodation~ __!!II be provided
to .....""'D with disabilities, If n!Uuested.
The AI~marle County Planning Commission
will conduct a public hearing on. Tuesday,
February 22, 2005, 6:00 p.m., Meetmg Room
#241, Second Floor, County Office Building,
401 Mcintire Road, Charlottesville, Virginia,
to consider the following:
(1) ZMA 2004-016 Glenwood Station (Sign
#60) - Request to rezone 9.31 acres from ,
Planned Residential Development with Spe-
cial Use Permit (PRD w/SUP) for Office Use
zoning district, to Neighborhood Model Dis-
trict (NMD) to allow a combination of resi-
dential and commercial uses. This develop-
ment includes 50 residential condominium
units, 28 townhouses and a total of 78,000
square feet of commercial/office space,
which consists of 3 buildings. The pro{lerty,
described as Tax Map 61, Parcel 129F IS lo-
cated in the Rio Magisterial District on the
south side of East Rio Road, directly across
from Rio East Court and between Fashion
Square Mall and Squire Hill Apartments,
Route 631, approximately 1,600 feet from
the intersection of Route 29 and Rio Road
East. The Comprehensive Plan designates
this property as Urban Density, recommend-
ed for 6.01-34 dwelling units per acre in
Neighborhood Two. '
(2) SP 2004-061 Glenwood Station (Sign #69) -
Request for special use permit to allow de-
velopment of a drlve-thru window as part of
a financial institution to include a total of
three lanes, with one being dedicated to an
ATM in accordance with Section 20A.6 b.l of
the Zoning Ordinance which allows for
drive-through windows serving or associat-
ed with permitted uses in a NMD, Neighbor-
hood MOdel District. The property, described
as Tax Map 61, Parcel 129F' is located. in the
Rio Magisterial District on the south side of
East Rio Road, directly across from Rio East
Court and between Fashion Square Mall and
Squire Hill Apartments, Route 631, approxi-
mately 1,600 feet from the intersection of
Route 29 and Rio Road East. The Compre-
hensive Plan designates this property as Ur-
ban Density, recommended for 6.01-34
dwelling Units per acre in Neighborhood
Two.
Anyone desiring further information about the
. above may contact the Department of Com-
munity Development, Second Floor, County
Office Building, 401 Mcintire Road, Char-
lottesville, between the hours of 8:00 a.m.
and . 5:00p.m., or telephone 296--5823. Copies
of the proposed )Ians, ordinances, amend-
ments, and/or applications may be examin-
ed at such location.
Reasonable accommodations will be provided
to cersons with disabilities, If reauest\!d.
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5823
Fax (434) 972-4126
February 2, 2005
Scott Collins
800 East Jefferson Street
Charlottesville, VA 22902
RE: SUB-2004-0288 Old Trail Creekside, Ballard Field. and UDDer Ballard field ODen SDace
Dear Mr. Collins:
The Albemarle County Planning Commission, at its meeting on January 25, 2005, unanimously approved
the above-noted petition.
Please note that this approval is subject to the following conditions:
1. [14-313, 18-4,7] Submittal of covenants or other such instrument which evidences the establishment
of a homeowner's association and provides for ownership and maintenance of proposed open space.
Such document shall be subject to County Attorney review and approval and shall be in accordance
with Section 14-313 of the Subdivision Ordinance - Instrument evidencing maintenance of certain
improvements. This condition shall apply to all three subject developments - Old Trail Creekside,
Ballard Field, and Upper Ballard Field,
2. Approval by the Board of Supervisors of the dedication to public use of Open Space and density
increase for the Old Trail Creekside development.
3. Dedication to public use of Open Space B in the Ballard Field Upper development for Greenway use
as identified in Attachment B.
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me (434) 296-5823.
Sincerely,
~-
Francis MacCall
Senior Planner
Zoning and Current Development Division
Cc: 4 Carey
Amelia McCulley
Jack Kelsey
Steve Allshouse
Gaylon Beights (Beights Development)
· .
TO Sandra Key
FAX TRANSMITTAL
FROM Ella W. Carey
CO Daily ProQress
DEPT Classified
FAX # 978-7223
CO Albemarle County
PHONE # 296-5843
FAX # 296-5800
PUBLIC NOTICE
Albemarle County
Board of Supervisors
March 16, 2005
.. .Notice is hereby given that the Board of County Supervisors of Albemarle County, Virginia, will
conduct public hearings on March 16, 2005 at 6:00 p.m., Room 241, Second Floor, County Office
Building, 401 Mcintire Road, Charlottesville, Virginia, to consider the following:
1) SP-2004-0060. Second Bank & Trust-Southside. Request to allow drive-in window to serve bank
in accord w/Sec 25.2,2.4 of the Zoning Ord, which allows for drive-in windows serving or associated
w/permitted uses. (Site plan SDP-2004-103 is currently under review for this proposed development.)
Property contains approx 1,34 acs. Znd PDSC & EC, Loc on S side of Rt 1150 (Mill Creek Dr) approx
240 ft E of intersec w/Rt 742 (Avon St Extd) adj to the Mill Creek Exxon, Scottsville Dist.
2) ZMA-2004-016. Glenwood Station (Sian #60). Request to rezone 9.31 acs from PRO w/SUP for
Office Use zoning district, to Neighborhood Model District (NMD) to allow combination of residential &
commercial uses. Development includes 50 residential condominium units, 28 townhouses & 78,000
sq ft commercial/office space, which consists of 3 bldgs. TM 61, P 129F. Loc on S side of E Rio Rd,
directly across from Rio E Court & between Fashion Sq Mall & Squire Hill Apartments, Rt 631, approx
1,600 ft from intersec of Rt 29 & Rio Rd E. (The Comp Plan designates this property as Urban Density,
recommended for 6.01-34 du/ac in Neighborhood 2,) Rio Dist.
3) SP-2004-061. Glenwood Station (Sian #69). Request to allow dvlpment of drive-thru window as
part of financial institution to include total of 3 lanes, with one being dedicated to an A TM in accord
w/Sec 20A.6b,1 of the Zoning Ord which allows for drive-through windows serving or associated
w/permitted uses in NMD. TM 61, P 129F, Loc on S side of E Rio Rd, directly across from Rio E Court
& between Fashion Square Mall & Squire Hill Apartments, Rt 631, approx 1,600 ft from intersec of Rt
29 & Rio Rd E. Rio Dist.
4) ZT A 2004-0010. Civil Denalties. An ordinance to amend Sec 37,2, Civil penalty, of Chap 18,
Zoning, of the Albemarle County Code, to increase the civil penalty for each violation subsequent to
the first violation arising under the same operative set of facts from one hundred fifty dollars ($150) to
two hundred fifty dollars ($250), & to increase the total civil penalties resulting from a series of such
violations from three thousand dollars ($3,000) to five thousand dollars ($5,000).
5) ZT A 2004-005 - Sians. An ordinance to amend See 4.15.2, Definitions, See 4,15.6, Signs exempt
from the sign permit requirement, Sec 4.15.7, Prohibited signs & sign characteristics, See 4.15.16,
Regulations applicable to certain sign types, & See 4,15.22, Sign maintenance, of Chapter 18, Zoning,
of the Albemarle County Code. This ordinance would amend Sec 4.15.2 by amending the definitions
of "advertising vehicle," "banner," "farm sign," "flag," "pennant," "portable sign," "temporary sign," &
"window sign," & would add definitions for "rare gas illumination" & "agricultural product signs"; amend
Sec 4.15,6 by exempting certain window signs, flags, advertising vehicles & agricultural product signs
from the sign permit requirement; amend Sec 4.15.7 by deleting the total prohibition of neon signs, &
by prohibiting certain types of signs using rare gas illumination, certain window signs, animated &
moving signs using rare gas illumination, & certain advertising vehicles, & by exempting authorized
flags from the class of prohibited moving signs; amend See 4,15.8 by imposing a brightness standard
of 30 milliamps on signs using exposed rare gas illumination throughout the county, & on all signs
using rare gas illumination covered by transparent material within the Entrance Corridor Overlay
District; amend See 4,15,22 to establish maintenance standards for lighting fixtures & the sources of
illumination on illuminated signs; & other nonsubstantive changes in those sections,
.. .Anyone desiring further information about the above may contact the Department of Community
Development, Second Floor, County Office Building, between the hours of 8:00 a.m. and 5:00 p.m" or
telephone 296-5823, Copies of the proposed plans, ordinances, amendments, and/or applications
may be examined at such location.
...Reasonable accommodations will be provided to persons with disabilities, if requested. Please
call 296-5827.
Ella W. Carey, Clerk, CMC
Bill to: Albemarle County
Account Number 204066
Purchase Order A-3930
Today's Date: February 23,2005
Date to Run: February 28 and March 7, 2005
------------
PROOF REQUIRED I
Office Use: Fax'd and Emailed at ~ on c9--¡,) 3
Adt
558156
Ni:;une (t>.dmary) ALBE.CO.PURCHASING
company (Primary) ALBE.CO.PURCHASXNG
St.reet. 1 (Primary) 401 MCINTIRE ROAD
City (rdmary) CHARLOTTESVILLE
State (Primary) VA
ZIP (Primary) 22902-4596
Phone (prImary) (434) 296-585~
Start DaLe 02/28/2005
Step Date 03/07/2005
Publication CVL - THE DAILY PROGRESS
Class Code 0111 - LEGAL NOTICES
Ad Sales Rep. skey - SONDRA KEY
'l'ot:al
$799.00
Depth 110
---,-------
E I)~
~_.
puaLlc NOTICE
Albemarle county
Board of Supervisors
March 16, 2005
...Notlce Is hereby given that tile Board of
County S .Ipervl$Ors of Albl!marll! County, VIr·
glnla. will conduct public Marlngs on March
16.2005 .t 6:00 J,m:J ~oom 241, Second floor,
County Office Bullaing, 401 Mcintire Road,
Charlottesville, Virginia, to consider the fol·
lOWing:
1) SP-1Qf.~-00Go. Sl!cond a~nk tn I[us~-Sou~h
side. Rei1uesHo allow IIr ve· n win ow Q
serve bil n k in accord w/Sec z!i_l.2.4 of the
zoning Ord, which allows for drive-In win-
dows sQI 'vlng or ilSsociatèd w/permltted
us~s. (Site plan SOP-2oo4-103 Is currently un-
der rèvltw for this proposed development.)
Property contains appt"Ox 1.34 ac5. Znd PDSC
& EC. Lo~ on S sldl! of Rt 1150 (Mill Creek Dr)
approx 2/'10 ft E of int~rsec w!Rt742 (Avon 5t
Extd) a.d! to the Mill Cl'êek Exxon. ScottsIIIII!
Dlst.
2) ZM~-~.004-01§. GJ!:nw80d Statlo[\..Œ!m!,
It 11), R qUl!st to razone Ji acs from PRO
w~sUP or 01f1cc Use ~oning district! to
Nelghbathood Model District (NMO) to al ow
combination of resldl!ntlal & commercIal
uses. Of velopment includes 50 residentIal
condominium units, 28 townhouses & 78,ooD
sq ft colt1merclal/offlcl! space, which con-
sists of 3 bldgs. TM 61, p Πf. Loc on S side
of E Rio *d, dfrectly across from Rio E Court &
betWèèll Fashion Sq Mall & squire tilll Apart-
ments, lit 631. approx l,6DO ft from IntètSI!C
of Rt 29 & RIo Rd E. (Thl! comp Plal1 desig-
n;¡tes this property as Urban Densltv recom-
mendeœ for 6,01,34 du/ac In NeighborhOod
2.) Rio Òlst.
3) SP·2004-0G1. GIe.~WOOd StatiO!;! ßj«!l
H69), Rcl¡uest to alTõw vlpmeJIt at dnve~
wTndowas part of financial Institution to 111-
clude tdtal of 3 lanes, wltl1 one being dedi-
cated to an ATM In accord w/Sec 20A.6b.1 of
the lolt1ng Ord which allows for drllle·
throu9" WlndCJw5 serving or associated
w/perriitted uses In HMO- TM 61, P 129F. Lac
on S $1 dt! of E Rio Rd, dlrl!ctly acrœs from Rio
E Court, & between Fashion SQuarl! Mall &
Squl re ..111 Apartments, Rt fiJl. approx 1.600
ft from Ílterse~ of Rt 29 & Ria Rd E. RIo Dlst.
4) ZTlI.rD.!14:.0019,¡._ÇM!...P..\:nðIUtI. An ordl·
nðnce aml!no:;ec 37.2, ~enalty, Of
Chap 1 ¡Zoning, of the Albemarle County
Co~. tl ncrea.se the civil ~eh8.1tv for I!ach vi-
olatIOn ßubsl!quênt to the first vfolatlon aris·
Ing under thl! same operative set of facts
Œl1e ¡hdIy ¡trugresS
CLASSIFIED AD PROOF
Publish Data
For Corrections call (434) 978-7202 or fax to
(434) 978-7223 by 12 p.m. ,
If no reply is received, ad is considered correct.
W'd
9S:S1
SO, £¿ qé1.:J
.
from on hundred fifty dollars (Sl50) to two
hundred ifty dollars ($250)," to Increase the
total clvl penalties resulting. from II series of
such vIa tlons from three lI'Iousand dollars
(53,000) five thousand dollar$ ($5,000).
5) ;ZTA 004-005· Sign$. An on:Ul1al1ce to
<\mend" ec . "S~"2, Definitions. See 4.15.6.
Signs exèmpt from the sign permit re<1ull'ê-
ment, S.c 4.15,7, Prohibited signs & sign
charactet"lstlc s, See 4.15.16, ReguTatlOns ap-
pllca.ble ~o c"rtaln sign types, & See 4.15.22,
Sign maÎl'1tenance, of Chapter 18. Zoning, of
the Albe""arle county code. This ordinance
would am"nd See 4.15.2 by amendin¡¡ the
defll1ltlðns of "advertlslno vehIcle," ba·
nner,- ""rm sign," "fl<\9" "'pennant," '·port·
able 519"," "temporary sign," & "wlndow
sign," & ~ould alld definitions for "rare gas
illumlnaton" & "agricultural product signs";
am"nd 5¡!c 4.15.6 by exemptlnQ certaIn win-
dow S¡9~' flllgs, advertising ...eldcl!!!: & agrl.
cultural roduc! sIgns from tile si n p'ermlt
requIre ent; amend See '_15.7 by deleting
the total. rohlbltton of neon sloj ns, & by pro-
hibiting ertaln types of slgM using rare gas
I!lumlna on, certain window siilns, animated
& movln signs using rare gas Inumlnatlon. &
certain vertlslng vehicles, & by êxemPtlng
authorlz d flags from the class of prohibited
moving Igns; amend Sec 4.15.8 by Imposing
a brìgh ess standard of 30 mlnlamps on
signs u ng exposed rare gas illumination
lhrough ut the county, &. on all signs using
rar" gas lIumlnatlon covered þy transparent
material,withln the Entrance Corridor Over-
lay Dlst~t; amend See 4.15.22 to ~$tabI1Sh
malnten e standards for IIghtll1 flxtul'êS &
the sou es of Illumination on lHumlnil,ted
$Igns; &;othef nonsubstantlve changes1h
those se,tlons.
...Anyon' deslrln further Information about
the abo'4e may t:on~ct the Department of
Commul1lty Oevelopm"nt. second floorl
County Office Building, between the hours or
8:00 a.m. and 5:00 p.m., or t"lep'hone 296-
5823, CQples of the proposed plans, ordI-
nances, 'amendments. and/or applications
ma.y be )(amIne<! at such location.
..,ReaSOtlable accommodations will be pro-
vided to þersorl$ with disabilities, if request-i"d. PIE!II~ call 296-5827.
. EIIaW,c~,Clerk,CMC
W'd
9S:S1
so, ~Z qa..:!
£¿¿¿8¿617£17:xe..:!
Monday, February 28. 2005
, Monday, March 7,2005
PUBLIC NOTICE
Albemarle County
Board of Supervisors
March 16, 280S
'Notice is hereby given that the Board of
County Supervisors of Albemarle County,
Virginia, will conduct public hearings on
March 16, 200s at 6:00 p.m., Room 241, Sec-
ond Floor, County Office Building, 401
Mcintire Road, Charlottesville, Virginia, to
consider the following:
1) 5'-2004-0060. Second Bank & Trust-
Souln Side. ~equest to allow arlve'ln Wln-
aow to serve bank in accord w/Sec 25.2,2.4
of the Zoning Ord, which ,allows for drive-
in windows serving or associated w/pe-
rmitted uses. (Site plan SDp·2004-103 is
currently under review for this proposed
development.) Property contains approx
1.34 acs, Znd PDSC & EC. loc on S side of
Rt 11S0 (Mill Creek Dr) appro x 240 ft E of
intersec w/Rt 742 (Avon St Extd) adj to the
Mill Creek Exxon, Scottsville Dist.
2) ZMA-2004-016. Glenwood Station Si n
#60 . eques 0 rezone , acs rom
W for Office Use zoning district, to
Neighborhood Model District (NMD) to al-
low combination of residential & commer-
cial uses, Development includes 50 resi-
dential condominium units, 28 townhouses
& 78,000 sq ft commercial/office space,
which consists of 3 bldgs. TM 61, P 129F.
loc on S side of E Rio Rd, directly across
from Rio E Court & between Fashion Sq
Mall & Squire Hill Apartments, Rt 631, ap-
prox 1,600 ft from intersec of Rt 29 & RIo
Rd E. (The Comp Plan designates this prop-
erty as Urban Density, recommended for
6.01-34 du/ac in Neighborhood 2.) Rio Dist.
3) SP-2004-061. Glenwood Station Si n
#69. eques 0 a ow v pmen 0 rive·
ru window as part of financial institution
to include total of 3 lanes, with one being
dedicated to an ATM in accord w/Sec
20A.6b.1 of the Zoning Ord which allows
for drive-through windows serving or asso-
ciated w/permitted uses in NMD, TM 61, P
129F. loc on S side of E Rio Rd, directly
across from Rio E Court & between Fashion
Square Mall & Squire Hill Apartments, Rt
6311 approx 1,600 ft from intersec of Rt 29
& RIo Rd E. Rio Dist.
4) ZTA 2004-0010. Civil ,enalties, An ordi-
nance to amena sec j I. , Civil penalty, of
Chap 18, Zoning, of the Albemarle County
Code, to increase the civil penalty for each
violation subsequent to the first violation
arising under the same operative set of
facts from one hundred fifty dollars ($150)
to two hundred fifty dollars ($250), & to in-
crease the total civil penalties res'!lting
from a series of such violations from three
thousand dollars ($3,000) to five thousand
dollars ($5,OOO).
5) ZTA 2004-005 - Signs. An ordinance to
amena sec 4.1S.2, Detlnitions, Sec 4.15.6,
Signs exempt from the sign permit require-
ment, Sec 4.15.7, Prohibited signs & sign
characteristics, Sec 4,15.16, Regulations
applicable to certain sign types, & Sec
4.15.22, Sign maintenance, of Chapter, 18,
Zoning, of the Albemarle County Code.
This ordinance would amend Sec 4.15.2 by
amending the definitions of "advertising
vehicle," "banner," "farm sign," "flag,"
"pennant," "portable sign," "temporary
sign," & "window sign," & would add defi-
nitions for "rare gas illumination" & "agr-
icultural product si~ns"; amend Sec 4.15.6
by exempting certain window signs, flags,
atlvertising vehicles & agricultural product
signs from the sign permit requirement;
amend Sec 4.15.7 by deleting the total pro-
hibition of neon signs, & by prohibiting cer-
tain types of siQns using rare gas illumina-
tion/ certain window signs, animated &
moving signs using rare gas illumination, &
certain advertising vehicles, & by exempt-
ing authorized flags from the class of pro-
hibited moving signs; amend Sec 4.15.8 by
Imposing a brightness standard of 30 mil ¡-
amps on signs uSing exposed rare gas illu-
mination throughout the county, & on all
, nc JJcinn mð ft~OL'ŠT.þ~$- d9m
PUBLIC NOTICE
Albemarle County
Board of Supervisors
Mar.:h 16. 200s
'Notice is hereby given that the Board of
c~u~ty Su~ervisors of Alb~marle County,
Virginia, will conduct public hearings on
March 16, 2005 at 6:00 p.m., Room 241, Sec-
ond floor, County Office Building, 401 '
Mcintire Road, Charlottesville, Virginia to
consider the following: '
1) SP-2004-0060. Second Bank & Trust.
Soufn side. ~equest to allow orlve'ln win.,
aow to serve bank in accord w/Sec 25.2.2,4
of the Zoning Ord, which allows for drive-
in windows serving or associated w/pe-
rmitted uses. (Site plan SDP-2004-103 is
currently under review for this proposed
development.) Property contains approx
1.34, acs. Znd PDSC & EC, loc on S side of
Rt 1150 (Mill Creek Dr) approx 240 ft E of
intersec w/Rt 742 (Avon St Extd) adj to the
Mill Creek Exxon, Scottsville Dist.
2) ZMA·2004·016. Glenwood Station 51"
#60 . eques 0 rezone . acs rom
W for Office Use zoning district, to
Neighborhood Model District (NMD) to al'
low combination of residential & commer-
cial uses, Development includes 50 resi-
dential condominium units, 28 townhouses
& 78,000 sq ft commercial/office space,
which consists of 3 bldgs, TM 61, P 129F.
loc on S side of E Rio Rd, directly across
from Rio E Court & between Fashion Sq
Mall & Squire Hill Apartments, Rt 631, ap-
prox 1,600 ft from intersec of Rt 29 & Rio
Rd E. (The Comp Plan designates this prop-
erty as Urban Density, recommended for
6.01-34 du/ac in Neighborhood 2.) Rio Dist.
3) SP·2004-061. Grenwood Station ~Slan
~ ~equest to allOw aVlpment ot rive-
ru window as part of financial institution
'to include total of 3 lanes, with one being
,dédicated to an ATM in accord w/Sec
20A.6b.1 of the Zoning Ord which allows
for drive·throu.Qh windows serving or asso-
ciated w/permltted uses in NMD, TM 61, P
129F. loc on S side of E Rio Rd, directly
across from Rio E Court & between Fashion
Square Mall & Squire Hill Apartments, Rt
6311 approx 1,600 ft from intersec of Rt 29
& RIO Rd E. Rio Dist.
4) ZTA 2004-0010. Civil ,enalties. An ordi-
nance to amena sec jl. , CIVil penalty, of
Chap 18, Zoning, of the Albemarle County
Code, to increase the civil penalty for each
violation subsequent to the first violation
arising under the same operative set of
facts from one hundred fifty dollars ($150)
to two hundred fifty dollars ($250), & to in-
Crease the total civil penalties resulting
from a series of such violations from three
thousand dollars ($3,000) to five thousand
dollars ($5,000).
5) ZTA 2004-005 . Signs. An ordinance to
amena sec 4,l~.2, Detlnitions, Sec 4.15.6,
Signs exempt from the sign permit require-
ment, Sec 4.15,7, Prohibited signs & sign
characteristics, Sec 4.15.16, Regulations
applicable to certain sign types, & Sec
4.15.22. Sign maintenance, of Chapter 18,
Zoning, of the Albemarle County Code.
This ordinance would amend Sec 4.15.2 by
amending the definitions of "advertisina
vehicle," "banner," "farm sign," "flag, ¡
"ìlennant," "portable sign," "temporary
sign," & "window sign," & would add defi-
nitions for "rare gas illumination" & "agr-
Icultural product si~ns"; amend Sec 4.15.6
by exempting certaIn window signs, flags,
atlvertising vehicles & agricultural product
signs from the sign permit requirement;
amend Sec 4.15.7 by deleting the total pro-
hibition of neon signs, & by prohibiting cer-
tain types of signs uSing rare gas illumina-
tion certain window signs, animated &
moving signs using rare gas illumination, &
certain advertising vehicles, & by exempt-
ing authorized flags from the class of pro-
hibited moving signs; amend Sec 4.15.8 by
imposing a brightness standard of 30 milll-
amps on signs using exposed rare gas illu-
mination throughout the county, & on all
signs using rare gas illumination covered
by transparent material within the En-
trance Corridor Overlay District; amend
Sec 4.15.22 to establish maintenance stan-
dards for lighting fixtures & the sources of
illumination on illuminated signs; & other
nonsubstantive changes in those sections.
'Anyone desiring further information
about the above may contact the Dep,art-
ment of Community Development, Second
Floor, County Office Building, between the
hours of 8:00 a.m. and 5:00 p.m., or tele-
phone 296-5823. Copies of the proposed
~~~~,~~¡,ordinance~, amendments, and/or
DINNER FOR BOARD OF SUPERVISORS
BREADWORKS
FAX: 971-6740
DELIVERY DATE: March 16.2005
DELIVERY TIME: 5:00 P.M.
ROOM 235
ALBEMARLE COUNTY OFFICE BUILDING
401 MCINTIRE ROAD
FOR SEVEN (7) PEOPLE:
ASSORTED SANDWICHES
PASTA
CHIPS
COOKIES (VARIETY - 2 DOZEN)
FRUIT BOWL
----------------------------------------------------------------------------------------------------------------------------
PLEASE CALL TO CONFIRM THAT YOU RECEIVED THIS FAX.
PLEASE PROVIDE PLATES, NAPKINS AND PLASTICWARE AS NEEDED.
THANKS, Debi Moyers - 296-5843, FAX: 296-5800
~
,
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5823
Fax (434) 972-4126
March 4, 2005
Parkside I LLC
690 Berkmar Circle
Charlottesville, VA 22901
RE: ZMA 2004-016 Glenwood Station; Tax Map 61 Parcel 129F
AND
SP 2004-061 Glenwood Station Drive-through
Tax Map 61 Parcel 129F
Dear Sir or Madam:
The Albemarle County Planning Commission, at its meeting on February 22, 2005, unanimously
recommended approval of the above-noted petitions to the Board of SupeNisors,
Please note that this approval is subject to the following conditions as recommended in the staff
report:
1. The outside lane is dedicated to bypass traffic only.
2. The drive-through window as part of a financial institution shall be limited to three (3) lanes
that follow through to the teller windows and the A TM machine.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on March 16, 2005. Any new or additional information
regarding your application must be submitted to the Clerk of the Board of SupeNisors at least
seven days prior to your scheduled hearing date.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me (434) 296-5823.
Sincerely,
~}}vJ-
Senior Planner
Planning Division
~
ZMA-04-16 and SP-04-61 Glenwood Station
March 2, 2005
Page 2
Cc: Mark Keller
Terra Concepts, PC
200 6th Street, NE
Charlottesville, VA 22902
Ella Carey
Amelia McCulley
Jack Kelsey
Steve Allshouse
Page 1 of 1
Ella Carey
From: Allison Rogers
Sent: Wednesday, January 26, 20054:27 PM
To: Ana Kilmer; Brandi R. Kirby; Ella Carey
Subject: Ad for Feb. 15 Planning Commission meeting
BELOW PLEASE FIND THE DAILY PROGRESS LEGAL AD FOR THE FEBRUARY 15 PLANNING COMMISSION
MEETING. THIS AD WILL RUN THE MONDAYS OF JANUARY 31 AND FEBRUARY 7.
IF YOU HAVE ANY COMMENTS OR CORRECTIONS PLEASE LET ME KNOW BY NOON THURSDAY.
The Albemarle County Planning Commission will conduct a public hearing on Tuesday, February 15, 2005, 6:00 p.m.,
Meeting Room #241, Second Floor, County Office Building, 401 Mcintire Road, Charlottesville, Virginia, to consider the
following:
(1) ZTA 2004-0010 - Civil penalties - Amend Section 37.2, Civil penalty, of Chapter 18, Zoning, of the Albemarle County
Code, to increase the civil penalty for each violation subsequent to the first violation arising under the same operative set
of facts from one hundred fifty dollars ($150) to two hundred fifty dollars ($250), and to increase the total civil penalties
resulting from a series of such violations from three thousand dollars ($3,000) to five thousand dollars ($5,000).
(2) ZT A 2004-005 - Signs - Amend Section 4.15.2, Definitions, Section 4.15.6, Signs exempt from the sign permit
requirement, Section 4.15.7, Prohibited signs and sign characteristics, Section 4.15,16, Regulations applicable to certain
sign types, and Section 4.15.22, Sign maintenance, of Chapter 18, Zoning, of the Albemarle County Code. This
ordinance would amend Section 4,15,2 by amending the definitions of "advertising vehicle," "banner," "flag," "pennant,"
"portable sign," "temporary sign," and "window sign," and would add a definition for "rare gas illumination"; amend Section
4.15.6 by exempting certain window signs, flags and advertising vehicles from the sign permit requirement; amend
Section 4.15.7 by deleting the total prohibition of neon signs, and by prohibiting certain types of signs using rare gas
illumination, certain window signs, animated and moving signs using rare gas illumination, and certain advertising
vehicles, and by exempting authorized flags from the class of prohibited moving signs; amend Section 4.15,8 by imposing
a brightness standard of 30 milliamps on signs using exposed rare gas illumination throughout the county, and on all signs
using rare gas illumination covered by transparent material within the Entrance Corridor Overlay District; amend Section
4,15.22 to establish maintenance standards for lighting fixtures and the sources of illumination on illuminated signs; and
other nonsubstantive changes in those sections. A copy of the full text of the ordinance is on file in the office of the clerk
of the Board of Supervisors, and in the Department of Community Development, County Office Building, 401 Mcintire
Road, Charlottesville, Virginia.
Anyone desiring further information about the above may contact the Department of Community Development, Second
Floor, County Office Building, 401 Mcintire Road, Charlottesville, between the hours of 8:00 a,m. and 5:00 p,m., or
telephone 296-5823. Copies of the proposed plans, ordinances, amendments, and/or applications may be examined at
such location.
Reasonable accommodations will be provided to persons with disabilities, if requested.
PURCHASE ORDER # A3832
Phone 296-5823
Please note that tear sheets are required.
Date: January 27,2005
Date Run: January 31 and February 7
1/27/2005
Monday, January 31,2005
Monday. Febnlary 7. 2005
The Albemarle County Planning Commission
will conduct a public hearing on Tuesday,
February 15, 2005, 6:00 p.m., Meeting Room
#241, Second Floor, County Office Building
401 M~lntjre Road, Charlotte$ville. Virginia:
to consider the following:
(1) ZTA 2004-0010 - Civil penalties - Amend
~ection 37.2, Civil penalty, of Chapter 18, Zon-
Ing, of the Albemarle County Code, to in-
crease the civil penalty for each vioiation
subsequent to the first violation arising un-
der . the same operative set of facts from one
hundred fifty dollars ($150) to two hundred
fiftY. dollars ($250), and to increase the total
civil penalties resulting from a series of such
violations from three thousand dollars
($3,000) to five thousand dollars ($5,000).
(2) ZT A 2004-005 - Signs - Amend Section
4.15.2, Definitions, Section 4.15.6, Signs
exempt from the. sign permit requirement
Section 4.15.7, Prohlbited signs and sign
characteristics, Section 4.15.16, Regulations
applicable to certain sign types, and Section
4.15.22, Sign maintenance, of Chapter 18
Zoning, of the Albemarle County Code. ThIŠ
ordinance would amend Sectfon' 4.15.2 by
ð!"ending the definitions of "advertising ve-
h!cle," "banner," "fl~g," "pennant," "portable
.slgn," "temporary slgnt and "window sign,·
arid would add a definition for "rare gas 1IIu-
mlnatlon";amend S, ectlon 4.15.6 by exempt-
ing certain window signs, flags and advertis-
ing vehicies from the sign permit require-
ment; amend Section 4.15.7 by deleting the
total prohibition of neon signs, and by prohlb-
Itl~g certain typ~s of signs uSing rare gas illu-
mination, certain window signs, animated
and movlnl1 signs using rare gas illumination,
,~nd certain advertising vehicles, and by
cexempting authorized flags from the class' Of
.;prohibited moving signs; amend SectIon
-4.15.8 by imposing a brightness standard of
;~O milliamps on signs 'using exposed. rare gas
\ Illumination throughout the county, and on
,all signs using rare gas illumination covered
,by transparent materIal within the Entrance
Corridor Overlay District; amend Section
4.15.22 to establish maintenance standards
for lighting fixtures and the sources of iIIumi-
. nation on illuminated signs; and other non-
substantive changes In those sections. A
~opy of the full text of the ordinance is on file
In the office of the clerk of the Board of Su-
pervisors, and in the Department of Commu-
nity Development, County Office Building, 401
Mcintire Road Charlottesvflle. Virginia.
Anyone desiring further information about
the above may contact the Department of
Community Development, Second Floor
County Office Building, 401 Mcintire Road;
Charlottesville, between the hours of 8:00
a.m. an.d 5:00 p.m., or telephone 296-5823.
Copies of the proposed plans, ordinances,
amendments. ,and/or applications' may be ex-
amined at such location.
Reasonable accommodations will be pro-
vided to persons with dlsibiutles, If request-
,9'1.
The Albemarle COunty Planning Commission
will conduct a. public hearing on Tuesday,
February 15, 2005, 6:00 p.m., Meeting Room
#241, Second Floor, County Office Building,
401 Mcintire Road, Charlottesville, Virginia,
to consider the following:
(1) ZT A 2004-0010 - Civil penalties - Amend
Section 37.2, Civil penalty, of Chapter 18,
Zoning, of the Albemarle County Codel to in-
crease the civil penalty for each violation
subsequent to the first violation arising un-
der the same operative set of facts from one
hundred fifty dollars ($150) to two hundred
fifty dollars ($250), and to increase the total
civf penalties resulting from. a series of such
violations from three thousand dollars
($3,000) to five thousand dollars ($5,000).
(2) ZTA 2004-005 - Signs - Amend Section
4.15.2, Definitions, Section 4.15.6, Signs
exempt from the sil1n permit requirement,
Section 4.15.7, Prohibited signs and sign
characteristics, Section 4.15.16, Regulations
applicable to certain sign. types, and Section
4.15.22, Sign maintenance, of Chapter 18,
Zoning. of the Albemarle Cou"!y Code. This
ordinance would amend Section 4.15.2 by
amending the definitions of "advertising ve-
hicle," "banner," "farm sign," "flail," "pen-
nant, " "portable sign," "temporary sign," and
"window sign" and would add definitions for
"rare gas illumination" and "agricultural
product signs"; amend Section 4.15.6 by
exemllting certain window signs, flags, ad-
vertising vehicles and agricultural product
signs from the sign permit requirement·
amend Section' 4.15.7 by deleting the totàl
prohibition of neon signs, and by prohibiting
certain types of signs uSing rare lias illumina-
tion, certain window signs, animated and
moving signs using rare gas illumination, and
certain advertising vehicles, and by exempt-
ing authorized flags from the class of prohib-
ited moving signs; amend Section 4.15.8 by
imposing a brightness standard of 30 milll-
amps on signs using exposed rare gas illumi-
nation throughout the county, and on all
signs using rare gas illumination covered by
transparent material within the Entrance
Corridor Overlay District; amend Section
I 4.15.22 to establish maintenance standards
for lighting fixtures and the sources of illumi-
nation on illuminated signs; and other non-
substantive changes in those sections. A
copy of the full text of the ordinance is on file
in the office of the clerk of the Board of SUo
pervisors, and in the Department of .Commu-
nity Development,. County Office Building,
401 Mcintire Road,Cnarlottesville, Virginia.
Anyone desiring further information about
the above may contact the Department of
Community Development, Second Floor,
County Office Building, 401 Mcintire Road.
Charlottesville, between the hours of 8:00
a.m. and 5:00 p.m., or telephone. 296-5823.
Copies of the proposed plans, ordinances,
amendments, and/or application~ may be ex-
amined at such location.
Reasonable accommodations will be pro-
vided to persons with disabilities, if request-
ed.
Page 1 of 1
Ella Carey
From: Allison Rogers
Sent: Friday, February 11, 2005 10:53 AM
To: Ana Kilmer; Brandi R. Kirby; Ella Carey
Subject: Legal ad for March 1 Planning Commission
Attached please find the legal ad for the March 1, 2005 Planning Commission Meeting. The ad will run the two
consecutive Mondays of February 14 and February 21.
$CLASS,MonAd,Planning Commission,
The Albemarle County Planning Commission will conduct a public hearing on Tuesday, March 1,2005,6:00 p.m" Meeting
Room #241, Second Floor, County Office Building, 401 Mcintire Road, Charlottesville, Virginia, to consider the following:
(1) SP 2004-059 Toad Hollow Farm Horse Show (Sign #30): Request for a special use permit for horse show
grounds, permanent, in accordance with Section 10,2.2,12 of the Zoning Ordinance which allows for horse show grounds,
permanent in the RA (Rural Areas) by special use permit. The subject parcel, described as Tax Map 41, Parcel 15A,
contains approximately 36 acres and is located at 4333 Cannon Brook Way, on the east side of Browns Gap Turnpike
(Rte, 680), approximately 2 miles south of White Hall. The property lies within the White Hall Magisterial District, is zoned
RA (Rural Areas) and is in the area designated as Rural Areas 3 by the Comprehensive Plan,
(2) SP 2004-060 Second Bank & Trust - Southside (Sign #57): Request for special use permit to allow a drive-in window
to serve a bank in accordance with Section 25,2.2.4 of the Zoning Ordinance, which allows for drive-in windows serving or
associated with permitted uses, (Site plan SDP-2004-103 is currently under review for this proposed development.) The
property contains approximately 1.34 acres, zoned Planned Development - Shopping Center (PDSC), and Entrance
Corridor (EC), This site lies within the Scottsville Magisterial District and is located on the southern side of Mill Creek
Drive (Rte. 1150) approximately 240 feet east of the intersection with Avon Street Extended (Rte. 742), adjacent to the
Mill Creek Exxon. This Comprehensive Plan designates this property as Community Service in Development Areas
Neighborhoods 4,
(3) SP 2004-056 Meadowgate Farm Home Occupation - Class B (Signs #44, 53): Request for a special use permit to
allow a Home Occupation Class B with up to two employees for an office, in accordance with Section 10,2.2.31 of the
Zoning Ordinance, which allows for Home Occupations Class B. The property, described as Tax Map 120, Parcel 22,
contains 109 acres, and is zoned RA, Rural Area. The proposal is located at 7060 Esmont Farm, approximately ,20 miles
from the intersection of Rte. 715 (Esmont Road) and Rte 719 (Alberene Road), in the Scottsville Magisterial District. The
Comprehensive Plan designates this property Rural Area,
(4) SP 2004-031 Gym at Seminole Place (Signs #14, 15): Request for special use permit to allow establishment of an
indoor gym in accordance with Section 27,2.2(15) of the Zoning Ordinance which allows for indoor athletic facilities in an
LI, Light Industrial district. The property, described as Tax Map 61W Section 3, Parcel 18 contains 25.4 acres, and is
zoned LI, Light Industrial and EC, Entrance Corridor. The proposal is located on the south side of Greenbrier Drive (Rte,
866) in the former Comdial building, on the west side of Seminole Trail (Rte. 29 North), in the Rio Magisterial District.
The Comprehensive Plan designates this property as Industrial Service in Neighborhood One,
Anyone desiring further information about the above may contact the Department of Community Development, Second
Floor, County Office Building, 401 Mcintire Road, Charlottesville, between the hours of 8:00 a.m, and 5:00 p.m., or
telephone 296-5823. Copies of the proposed plans, ordinances, amendments, and/or applications may be examined at
such location.
Reasonable accommodations will be provided to persons with disabilities, if requested.
PURCHASE ORDER # A3834
Phone 296-5823
Please note that tear sheets are required.
Date: February 11, 2005
Date Run: February 14 and February 21
2/11/2005
l1oIHItY.feItt'utY 14. 2005
Monday, February 21, 2005
The Albemarle County Planning Commission
will conduct a public hearinp on Tuesday
March 1, 2005, 6:00 p.m" Meeting Room #241'
Secon~ Floor, County Office Building, 40i
MCI'!tlre Road, Charlottesville, Virginia to
consider the following: '
(1) SP ,2004-059 Toad Hollow Farm Horse
Show (Sign #30): Request for a special use
permit for horse show grounds,permanent, in
accordance with Section 10.2.2.12 of' the Zon·
ing Ordinance which allows for horse show
grounds,. permanent in the RA (Rural Areas)
y . special use permit. The sUb/'ect parcel, de-
scribed as Tax Map 41, Parce 15A contains
approxi!nately 36 acres and is located at 4333
Cannon Brook Way, on the east side of
Browns G~p Turnpike (R~e. 680), approxi·
mately 2 mll~s south of White Hall. The prop-
e~ lies. within the White Hall Magisterial
District, IS zoned RA (Rural' Areas) and is in
the area designated as Rural Ateas 3 by the
Comprehensive Plan.
(2) SP ,2004-060 Second Bank & Trust - SOuth·
side (Sign #57): Request for special use per-
mit tc! allow a drive-in window to serve a
bank In accor~ance with Section 25.2.2.4 of
~e Zoning Ordinance, which allows for drive-
In windows serving or associated with per-
mitted uses. (Site plan SDP-2oo4-103 is cur-
rently under review for this proposed devel·
opment.) The property contains approxi·
mately 1.34 acres, zoned Planned Develop'
ment . Shopping Center (PDSC) and En-
trance Corridor (EC). This site lies' within the
SCottsville Magisterial District and is located
on the south!!rn side of Mill Creek Drive (Rte.
1150) approximately 240 feet east of the in-
tersection with Avo!! Street Extended (Rte.
742), adjace,nt to the Mi!1 Creek Exxon. This
Comprelienslve Plan designates this property
as Community Service in Development Areas
Neighborhoods 4.
(3) SP 2004-056 Meadowgate Farm Home Oc-
cupation - Class B (Signs #44, 53): Request
for a special use permit to allow a Home Oc-
cupation CI!155 ~ with up to two employees
for an office, In accordance with Section
10.2.2.31 of the Zoning Ordinance, which aI·
lows for Hom~ Occupations Class B. The
property, described as Tax Map 120, Parcel
22, contains 109 acres, and is zoned RA Rural
'Area. The proposal is located at 7060 Ésmont
Farm, ,approximately .20 miles from the In-
tersection of Rte. 715 (Esmont Road) and Rte
719 (Alberene Road), In the Scottsville Magis·
terial Dls,trict. The Comprehensive Plan des-
ignates this property Rural Area.
~) SP 2004-031 Gym at Seminole Place (Signs
#14, 15): Request for special use permit to al-
low establishment 'of. an indoor gym lIT accor·
dance with Section 27.2.2(15) of the Zoning
Ordinance which allows for Indoor athletic
facilities in an LI, Light industrial district. '
The property, descri ed as Tax Map 61 W
section 3\ Parcel 18 contains 25.4 acres and
Is zoned LI. Light Industrial and EC, Entrance
Corridor. The proposal is located on the
south side of Greenbrier Drive (Rte. 866) in
the former Comdial building, on the west
side of Seminole Trail (Rte. 29 North) in the
Rio Magisterial District. The Comprèhensive
Plan designates this property as Industrial
Service in Neighborhood One.
Anyone desiring further information about
the above may contact the Department of
Community Development, Second Fioor
County Off,lce Building, 401 Mcintire Road:
Charlottesville, between the hours of 8:00
a.m. and 5:00 p.m., or teiephone 296-5823.
Copies of the proposed plans, ordinances
amendments, and/or applications may be ex:
amlned at such location.
Reasonable accommodations will be pro-
:-' to persons with disabilities, if request-
The Albemarle County Planning Commission
will conduct a public hearlnp on Tuesday,
March 1, 2005, 6:00 p.m., Meeting Room #241,
Second Floor, County Offlçe Bul!dl(% 401
Mcintire Road, Charlottesville, Virginia, to
consider the following:
(1) SP 2004-059 Toad Hollow Farm, Horse
Show (Sign #30): Request for a special u~e
permit for horse show grounds,permanent, In
accordance with Section 10.2.2.12 of the Zon-
ing Ordinance which allows for horse show
grounds. permanent in the RA (Rural Areas)
y special use permit. The subject parcel, ~e'
scribed as Tax Map 41, Parcel 15A, contains
approximately 36 acres and Is located at 4333
Cannon Brook Wa~ on the east side of
Browns Gap Turnpike (Rte. 680), approxl·
mately 2 miles south of White Hall. The prop·
erty ,lies within. the White Hall Magisteri~1
District, is zoned RA (Rural Areas) and Is In
the area designated as Rural Areas 3 by the
comprehensive Plan.
(2) SP 2004·060 second Bank & Trust - South·
side (Sign #57): Request for special use per·
mlt to allow a drlve·ln window to serve a
bank In accordance with Section 25.2.2.4 of
the zoning Ordinance, which ~lIows f~r drive-
in windows serving or associated with per-
mitted uses. (Site plan SDp·2004·103 is cur· I'
rently under review for this proposed devel·
opment.) The property contains approxl·
mately 1.34 acres, zoned planned Develop,'
ment - Shopping center (PDSC), and En·
trance Corridor (EC). This site lies within the
Scottsvllle Magisterial District and Is located
on the southern side of Mill Creek Drive (R!:e.
1150) approximately 240 feet east of the In'
tersectlon with Avon, Street Extended (Rte.
742) adjacent to the Mill Creek Exxon. This
comprehensive Plan designates this property
as Community service in Development Areas
Neighborhoods 4.
(3) SP 2004-056 Meadowgate Farm Home Oc· .
cupatlon - Class B (Signs #44, 53): Request '
for a special use permit to allow a Home Oc-
cupation Class B with up to two empioyees
for an office, In accordance with Section
10.2.2.31 of the Zoning Ordinance. which al-
lows for Homl1 occllpatlons Class B. The
property, described as Tax Map 120, Parcel
22. contains .109 acres, and is zoned RA, Rural
Area. The proposal is located at 7060 Esm~nt
Farm,' approx.lmately .20 miles from the In'
tersection of Rte. 715 (Esmont Road) and Rte
719 (Alberene Road), In the scottsville Magis-
terial District. The Comprehensive Plan des·
ignates this property Rural Area.
(4) SP 2004·031 Gym at Seminole Plac~ (Signs
#14, 15): Request forspeçlal use per":1lt to al·
low establishment of an Indoor gym In acc~r'
dance with Section 27.2.2(15) of the Zomng
Ordinance Which allowS for indoor athletic
facilities In an LI, Light Industrial district.
The property, descri ed as Tax Map 61 W
section 3. parcel 18 contains 25.4 acres, and
is zoned LI, Light Industrial and EC, Entrance
Corridor. The 'Proposal is located on the
south side of Greenbrier Drive (Rte. 866) in
the former Comdlal. building, on the. west
side of Seminole Trail (Rte. 29 North), In the
Rio Magisterial ·Distr.ict. The comprehensi)/e
Plan designates - this groperty as Industrial
service In Neiphborhood ne.
Anyone desIring further information about
the above may contact the Department of
Community Development, Second Floor.
County Office Buildlng,401 Mcintire Road,
Charlottesville. between the hours of 8:00
a.m. and 5:00p.m., or telephone 2~6-5823.
Copies of the proposed plans, ordinances,
amendments. and/or applications may be ex-
amined at such location.
Reasonable accommodations will be pro-
vided to persons with disabilities, if request-
. eeL