HomeMy WebLinkAbout2004-07-14A
BOARD OF SUPERVISORS
FIN A L
JULY 14, 2004
COUNTY OFFICE BUILDING
4:00 P.M.. MEETING ROOM 235
1. Call to Order.
2. Work Session: Stormwater Master Plan.
3. Recess.
6:00 P.M.. MEETING ROOM 241
4. Reconvene and Call to Order.
5. Pledge of Allegiance.
6. Moment of Silence.
7. From the Public: Matters Not Listed on the Agenda.
8. Consent Agenda (on next page).
9. SP-2004-010. Moore's Buildina Parkina (Brown Auto GrouD) (Sian #83) Public hearing on a
request to allow stand alone parking in accord wlSec 24.2.2 (12) of the Zoning Ord which allows for
stand alone parking & parking structures. TM 78 P 16 contains 4.87 aes. Znd HC. Loc on US Rt
250 E (Richmond Rd), approx .1 mile from intersec of Richmond Rd & Rt 20 N (Stony Point Rd).
Rivanna Dist.
10. SP-2004-012. Verulam Farm Conservation GrouD LLC/Nextel Partners (Sians #85&86).
Public hearing on a request to allow construction of a personal wireless service fac wlwooden
monopole, approx 101 ft in total height & 10ft above height of tallest tree wlin 25 ft. The proposed
facility would include flush-mounted panel antennas & ground equipment stored in a 200 sq ft
building. This application is being made in accord wlSec [10.2.2.6] of the Zoning Ordinance which
allows for microwave & radio-wave transmission & relay towers in the RA. TM 74 P 17 contains
356.26 aes. Znd RA' Loc on Bloomfield Rd (Rt 677), approx .75 miles from intersec of Rt 637 & Rt
677. Samuel Miller Dist.
11. ZMA-2004-002. Townhouses Fontaine Avenue (Sian ## 80). Public hearing on a request to
rezone 12.606 aes from HC to PRD to allow 60 dwelling units. TM 76, Ps 12A &12G. Loc on N
side of Rt 702 (Fontaine Ave), approx .25 miles W of the intersec of Fontaine Avenue & Rt 29.
(The Comp Plan designates this property as Neighborhood Service, in Neighborhood 6.) Samuel
Miller Dist.
12. ZMA-2oo4-OO3. Avon Park (Sian ## 81), Public hearing on a request to rezone 9.976 aes from R1
to R6 to allow 16 single family & 43 townhouse units. TM 90, P 32. Loc on Rt 742 (Avon St Ext.),
approx one-half mile S of the intersec of Avon St Ext. & Stony Creek Dr. (The Comp Plan
designates this property as Neighborhood Density, recommended for 3-6 dulac, in Neighborhood
4.) Scottsville Dist.
13. ZTA-2003-002. Personal Wireless Service Facilities. Public hearing on an Ordinance to amend
Sees 3.1, Definitions, 5.1.40, Personal wireless service facilities, 10.2.1, By right, 10.2.2, By special
use permit, 12.2.1, By right, 12.2.2, By special use permit. 13.2.1, By right, 13.2.2. By special use
permit, 14.2.1, By right, 14.2.2, By special use permit, 15.2.1, By right, 15.2.2, By special use
permit, 16.2.1, By right, 16.2.2, By special use permit, 17.2.1, By right, 17.2.2, By special use
permit, 18.2.1, By right, 18.2.2, By special use permit, 19.2.1, By right, 19.2.2, By special use
permit, 20.3.1, By right, 20.3.2, By special use permit, 20A.6, Permitted uses, 22.2.1, By right,
22.2.2, By special use permit, 23.2.1, By right, 23.2.2, By special use permit, 24.2.1, By right,
24.2.2, By special use permit, 25.2.2, By special use permit, 27.2.1, By right, 27.2.2, By special use
permit, 28.2.1, By right, 28.2.2, By special use permit, 30.3.5.1.1, By right within the floodway,
30.3.5.2.1, By special use permit within the floodway, of Chapter 18, Zoning, of the Albemarle
County Code. This proposed amendment would define terms related to personal wireless service
facilities, establish a three-tier process for reviewing applications for personal wireless service
facilities based upon prescribed criteria, & allow personal wireless facilities by right or by special
use permit in the identified zoning districts depending on the tier under which the facility qualifies
consistent with the Comprehensive Plan's Personal Wireless Service Facilities Policy.
14. From the Board: Matters Not Listed on the Agenda.
15. Adjourn.
CONSENT AGENDA
FOR APPROVAL:
8.1 Approval of Minutes: March 3,2004.
8.2 SP-2003-084. Dennis Enterorises - Rio Road (Sian ## 55), (Applicant requests deferral until
September 8,2004).
8.3 Proclamation recognizing July 18-24, 2004, as Probation, Parole and Community Supervision
Week.
FOR INFORMATION:
8.4 Copy of draft Planning Commission minutes of June 22 and June 29, 2004.
BOARD OF SUPERVISORS
TENTATIVE
JULY 14, 2004
COUNTY OFFICE BUILDING
4:00 P.M.. MEETING ROOM 235
1 . Call to Order.
2. Work Session: Stormwater Master Plan.
3. Recess.
6:00 P.M.. MEETING ROOM 241
4. Reconvene and Call to Order.
5. Pledge of Allegiance.
6. Moment of Silence.
7. From the Public: Matters Not Listed on the Agenda.
8. Consent Agenda (on next page).
9. SP-2004-010. Moore's Buildina Parkina (Brown Auto Group) (Sian #83) Public hearing on a
request to allow stand alone parking in accord wlSec 24.2.2 (12) of the Zoning Ord which allows for
stand alone parking & parking ~tructures. TM 78 P 16 contains 4.87 acs. Znd HC. Loc on US Rt
250 E (Richmond Rd), approx.1 mile from intersec of Richmond Rd & Rt 20 N (Stony Point Rd).
Rivanna Dist.
10. SP-2004-012. Verulam Farm Conservation GrouD LLC/Nextel Partners (Sians #85&86).
Public hearing on a request to allow construction of a personal wireless service fac wlwooden
monopole, approx 101 ft in total height & 10ft above height of tallest tree wlin 25 ft. The proposed
facility would include flush-mounted panel antennas & ground equipment stored in a 200 sq ft
building. This application is being made in accord wlSec [10.2.2.6] of the Zoning Ordinance which
allows for microwave & radio-wave transmission & relay towers in the RA. TM 74 P 17 contains
356.26 acs. Znd RA. Loc on Bloomfield Rd (Rt 677), approx .75 miles from intersec of Rt 637 & Rt
677. Samuel Miller Dist.
11. ZMA-2004-002. Townhouses Fontaine Avenue (Sian # 80). Public hearing on a request to
rezone 12.606 acs from HC to PRD to allow 60 dwelling units. TM 76, Ps 12A&12G. Loc on N
side of Rt 702 (Fontaine Ave), approx .25 miles W of the intersec of Fontaine Avenue & Rt 29.
(The Comp Plan designates this property as Neighborhood Service, in Neighborhood 6.) Samuel
Miller Dist.
12. ZMA-2004-003. Avon Park (Sian # 81), Public hearing on a request to rezone 9.976 acs from R1
to R6 to allow 16 single family & 43 townhouse units. TM 90 P 32. Loc on Rt 742 (Avon Str Ext.),
approx one-half mile S of the intersec of Avon St Ext. & Stony Creek Dr. (The Comp Plan
designates this property as Neighborhood Density, recommended for 3-6 dulac, in Neighborhood
4.) Scottsville Dist.
13. ZTA-2003-002. Personal Wireless Service Facilities. Public hearing on an Ordinance to amend
Secs 3.1, Definitions, 5.1.40, Personal wireless service facilities, 10.2.1, By right, 10.2.2, By special
use permit, 12.2.1, By right, 12.2.2, By special use permit, 13.2.1, By right, 13.2.2, By special use
permit, 14.2.1, By right, 14.2.2, By special use permit, 15.2.1, By right, 15.2.2, By special use
permit, 16.2.1, By right, 16.2.2, By special use permit, 17.2.1, By right, 17.2.2, By special use
permit, 18.2.1, By right, 18.2.2, By special use permit, 19.2.1, By right, 19.2.2, By special use
permit, 20.3.1, By right, 20.3.2, By special use permit, 20A.6, Permitted uses, 22.2.1, By right,
22.2.2, By special use permit, 23.2.1, By right. 23.2.2, By special use permit, 24.2.1, By right.
24.2.2, By special use permit, 25.2.2, By special use permit, 27.2.1, By right, 27.2.2, By special use
permit, 28.2.1, By right, 28.2.2, By special use permit, 30.3.5.1.1, By right within the floodway,
30.3.5.2.1, By special use permit within the floodway, of Chapter 18, Zoning, of the Albemarle
County Code. This proposed amendment would define terms related to personal wireless service
facilities, establish a three-tier process for reviewing applications for personal wireless service
facilities based upon prescribed criteria, & allow personal wireless facilities by right or by special
use permit in the identified zoning districts depending on the tier under which the facility qualifies
consistent with the Comprehensive Plan's Personal Wireless Service Facilities Policy.
14. From the Board: Matters Not Listed on the Agenda.
15. Adjourn.
ACTIONS
Board of Supervisors Meetina of Julv 14, 2004
July 22, 2004
AGENDA ITEM/ACTION ASSIGNMENT
1 . Call to Order.
· Meeting was called to order at 4:00 p.m., by the
Chairman, Mr. Dorrier. All BOS members were
present. Also present were Bob Tucker, Larry
Davis, Wayne Cilimberq and Sharon Taylor.
2. Work Session: Stormwater Master Plan. David Hirschman/Mark Graham: Proceed as
· APPROVED Option B level of service. directed.
· DEFERRED approval of decision for the funding
plan pending work sessions on capital funding
needs and plans.
NonAgenda.
· At 5:15 p.m., the Board went into Closed
Session.
4. Reconvene and Call to Order.
· At 6:00 p.m., the Board reconvened into open
session and certified the Closed Session.
7. From the Public: Matters Not Listed on the Agenda.
· Tobey Bouch, Renee Townsend, Melissa Stell,
Michael Sharman, Paula Rondon and Tara
Reed spoke in opposition to the proposed
Planned Parenthood Clinic on Hydraulic Road.
They asked the Board to revoke the existing
special use permit since they feel the proposed
use does not fit in a professional office zoning
designation. Mr. Davis explained that the Board
does not have the authority to revoke the
special use permit under the current facts and
circumstances.
8.2 SP-2003-084. Dennis Enterprises - Rio Road Clerk: Schedule on appropriate agenda.
(Sian # 55).
· At the applicant's request special permit
DEFERRED SP-2003-084 until September 8,
2004.
8.3 Proclamation recognizing July 18-24, 2004, as (Attachment 1 )
Probation, Parole and Community Supervision
Week.
· Presented proclamation to Pat Smith and Neal
Goodloe.
9. SP-2004-010 Kimco L.C. (Brown. Flow. Crown) Clerk: Set out conditions of approval
Stand-Alone Parkina (Sian #83) (Attachment 2).
· APPROVED SP-2004-010, by a vote of 6:0,
subject to the five conditions recommended by
the Planning Commission.
10. SP-2004-012 Verulam Farm Conservation Group Clerk: Set out conditions of approval
LLC/Nextel Partners (Sians #85&86). (Attachment 2).
· APPROVED SP-2004-012, by a vote of 6:0,
subject to the 22 conditions recommended by
the Planning Commission.
11 . ZMA-2004-002. Townhouses Fontaine Avenue Clerk: Schedule for public hearing and
(Sian # 80). readvertise November 10th agenda.
· At the applicant's request, DEFERRED ZMA-
2004-002, by a voted of 6:0, to November 10,
2004.
12. ZMA-2004-003. Avon Park (SiQn # 81). Clerk: Set out proffers (Attachment 2).
· APPROVED ZMA-2004-002, by a vote of 6: 1,
subject to proffers dated July 14, 2004 provided
at Board meeting.
· Board asked for an update from the Affordable Ron White: Provide information.
Housinq Committee.
13. ZT A-2003-002. Personal Wireless Service Clerk: Readvertise public hearing.
Facilities.
· DEFERRED ZT A-2003-002, by a vote of 6:0,
until September 1, 2004 pending further
revisions of the Ordinance related to screening
of the equipment and monopole, further
amendment of the definition of "avoidance
area", and allowing increases in the height of
existinq monoples.
14. From the Board: Matters Not Listed on the Agenda.
Ken Bovd:
· He researched Board minutes and the Board
did agree that Allen Road would be the second
consideration for the Rural Rustic Road
Program. VDOT has not made that change in
their Plan. Mr. Tucker said he has made the
request to VDOT.
· APPOINTED Peter Maillet to the Fiscal Impact
Advisory Committee with said term to expire
July 8, 2006.
Larrv Davis:
· Concerning a proposal to buy property from the
Hedgerow Corporation, such property located in
the City of Charlottesville near the existing
Juvenile Court, the Board AUTHORIZED the
County Executive to execute an agreement for
purchase of the property, and AUTHORIZED
the County Executive to sign an agreement with
the City of Charlottesville regarding the joint
purchase and ownership of that real estate.
15. Adjourned.
· The meetinq was adjourned at 9:20 p.m.
¡ewc
Attachment 1 - Proclamation - Probation, Parole and Community Supervision Week
Attachment 2 - Conditions of Approval
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ATTACHMENT 1
PROBA TION, PAROLE AND
COMMUNITY SUPERVISION WEEK
WHEREAS, District 9 Probation and Parole Deparlment and OAR-Jefferson Area Community
Corrections are an essential parl of the criminal justice system; and
WHEREAS, these community corrections professionals uphold the law with dignity, while recognizing the
right of the public to be safe-guarded from criminal activity; and
WHEREAS, these community corrections professionals are responsible for providing pre and post trial
supeNision to adult defendants and offenders in the community; and
WHEREAS, these community corrections professionals are trained professionals who provide seNices
and referrals for offenders; and
WHEREAS, these community corrections professionals work in parlnership with community agencies and
groups; and
WHEREAS, these community corrections professionals promote prevention, inteNention and advocacy;
and
WHEREAS, these community corrections professionals provide seNices, supporl, and protection for
victims; and
WHEREAS, these community corrections professionals advocate community and restorative justice; and
NOW, THEREFORE, I, Lindsay G. Dorrier, Jr., Chairman, on behalf of the Albemarle Board of County
SupeNisors, do hereby proclaim the week of July 1£ih through July 24th, 2004 as
PROBA TION, PAROLE AND COMMUNITY SUPERVISION WEEK and encourage all
citizens to honor and recognize the achievements of these community corrections
professionals.
Signed and sealed this 14th day of July, 2004.
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ATTACHMENT 2
CONDITIONS OF APPROVAL
Agenda Item NO.9. SP-2004-010. Kimco L.C. (Brown, Flow. Crown) Stand-Alone Parkina
(Sian #83) Public hearing on a request to allow stand alone parking in accord w/Sec 24.2.2 (12) of the
Zoning Ord which allows for stand alone parking & parking structures. TM 78 P 16 contains 4.87 acs.
Znd HC. Loc on US Rt 250 E (Richmond Rd), approx .1 mile from intersec of Richmond Rd & Rt 20 N
(Stony Point Rd). Rivanna Dist.
1. A site plan amendment shall be submitted for approval, which shall be in general accord with the
concept plan on Tax Map 78 Parcel 16, dated 3/19/04. (Attachments A);
2. At least one (1) sign shall be posted in the parking area that identifies the use as parking for Brown
Automotive, Flow Companies of Charlottesville, and Crown Motor Company only, with size and
location of the sign to be determined and approved by staff;
3. No customers of the three (3) dealerships noted above shall be permitted onsite.
4. The use shall be valid for a period not to exceed one (1) year from the approval of the site plan
amendment. Any extension of the one (1) year period will require that SP-2004-01 0 be amended;
and
5. Approval of the special permit does not authorize the use to begin. The use may not lawfully begin
until all necessary approvals have been received and conditions met. This includes, compliance with
applicable conditions of the special permit; approval of and compliance with the site plan; and
approval of a zoning compliance clearance.
Agenda Item No. 10. SP-2004-012. Verulam Farm Conservation Group LLC/Nextel Partners
(Sians #85&86). Public hearing on a request to allow construction of a personal wireless service fac
w/wooden monopole, approx 101 ft in total height & 10ft above height of tallest tree w/in 25 ft. The
proposed facility would include flush-mounted panel antennas & ground equipment stored in a 200 sq ft
building. This application is being made in accord w/Sec [10.2.2.6] of the Zoning Ordinance which allows
for microwave & radio-wave transmission & relay towers in the RA. TM 74 P 17 contains 356.26 acs.
Znd RA. Loc on Bloomfield Rd (Rt 677), approx .75 miles from intersec of Rt 637 & Rt 677. Samuel
Miller Dist.
The facilitv shall be desiqned, constructed and maintained as follows:
1. With the exception of any minor changes that would be required in order to comply with the
conditions listed herein, the facility including the monopole, the ground equipment building, and
any antennas shall be sized, located and built as shown on the concept plan entitled, "SP-004-
012 - Nextel PartnershipNerulam Farm Conservation Group LLC/Meechum", last revised May 25,
2004 and provided with Attachment A;
2. The calculation of pole height shall include any base, foundation or grading that raises the pole
above the pre-existing, natural ground elevation;
3. The top of the pole, as measured Above Mean Sea Level (AMSL), shall never exceed seven (10)
feet above the top of the tallest tree within twenty-five (25) feet. In no case shall the pole exceed
one hundred one (101) feet in total height at the time of installation without prior approval of an
amendment to this special use permit or personal wireless facility permit;
4. The monopole shall be made of wood and be a dark brown natural wood color;
5. The ground equipment building, antennas, concrete pad and all equipment attached to the pole
shall be the same color as the pole and shall be no larger than the specifications set forth in the
application plans;
6. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole
beyond the minimum required by the support structure shall be permitted. However, in no case
shall the distance between the face of the pole and the faces of the antennas be more than
twelve (12) inches;
7. No satellite or microwave dishes shall be permitted on the monopole;
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8. No antennas or equipment, with the exception of a grounding rod, not to exceed one (1 )-inch in
diameter and twelve (12) inches in height, shall be located above the top of the pole;
9. No guy wires shall be permitted;
10. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor
lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully
shielded such that all light emitted is projected below a horizontal plane running though the lowest
part of the shield or shielding part of the luminaire. For the purposes of this condition, a luminaire
is a complete lighting unit consisting of a lamp or lamps together with the parts designed to
distribute the light, to position and protect the lamps, and to connect the lamps to the power
supply;
11. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease
area shall not be permitted;
12. Size specifications and other details, including schematic elevations of the antennas shall be
included in the construction plan package;
13. Site grading and all construction around the facility shall be minimized to only provide the amount
of space that will be necessary for placement of the monopole and equipment building; and
14. Details and cross sections for any future plans to upgrade the existing dirt logging road shall be
subject to review and approval by the County's Engineering Department
Prior to the issuance of a buildinq permit. the followinQ requirements shall be met:
15. Certification by a registered surveyor stating the height of the reference tree that has been used
to justify the height of the monopole shall be provided to the Zoning Administrator;
16. Prior to beginning construction or installation of the pole, the equipment cabinets or vehicular or
utility access, an amended tree conservation plan, developed by a certified arborist shall be
submitted to the Zoning Administrator for approval. The plan shall specify tree protection
methods and procedures, and identify any existing trees to be removed on the site - both inside
and outside the access easement and lease area. All construction or installation associated with
the pole and equipment pad, including necessary access for construction or installation, shall be
in accordance with this tree conservation plan. Except for the tree removal expressly authorized
by the Director of Planning and Community Development, the permittee shall not remove existing
trees within two hundred (200) feet of the pole and equipment pad. A special use permit
amendment shall be required for any future tree removal within the two hundred (200)-foot buffer,
after the installation of the subject facility; and
17. With the building permit application, the applicant shall submit the final revised set of site plans for
construction of the facility. During the review of the application, Planning staff shall review the
revised plans to ensure that all appropriate conditions of the special use permit have been
addressed.
After the completion of the pole installation and prior to the issuance of a Certificate of Occupancy or to
any facilitv operation, the followinq shall be met:
18. Certification by a registered surveyor stating the height of the pole, measured both in feet above
ground level and in elevation above sea-level (ASL) using the benchmarks or reference datum
identified in the application shall be provided to the Zoning Administrator;
19. Certification confirming that the grounding rods: a) height does not exceed two (2) feet above the
monopole; and, b) width does not exceed a diameter of one (1)-inch, shall be provided to the
Zoning Administrator; and
20. No slopes associated with construction of the facility shall be created that are steeper than 2:1
unless retaining walls, revetments, or other stabilization measures acceptable to the County
Engineer are employed.
After the issuance of a Certificate of Occupancy. the fOllowinq requirements shall be met:
21. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning
Administrator by July 1 of each year. The report shall identify each personal wireless service
provider that uses the facility, including a drawing indicating which equipment, on both the tower
and the ground, are associated with each provider; and
22. All equipment and antennae from any individual personal wireless service provider shall be
disassembled and removed from the site within ninety (90) days of the date its use is
discontinued. The entire facility shall be disassembled and removed from the site within ninety
5
(90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning
Administrator determines at any time that surety is required to guarantee that the facility will be removed
as required, the permittee shall furnish to the Zoning Administrator a certified check, a bond with surety
satisfactory to the County, or a letter of credit satisfactory to the County, in an amount sufficient for, and
conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of
the Zoning Administrator and the County Attorney.
Agenda Item No. 12. ZMA-2004-003. Avon Park (Sian # 81). Public hearing on a request to
rezone 9.976 acs from R1 to R6 to allow 16 single family & 43 townhouse units. TM 90, P 32. Loc on Rt
742 (Avon St Ext), approx one-half mile S of the intersec of Avon St Ext. & Stony Creek Dr. (The Comp
Plan designates this property as Neighborhood Density, recommended for 3-6 dulac, in Neighborhood
4.) Scottsville Dist.
PROFFER FORM
Date of Proffer Signature: 7.14.04
ZMA # 2004-03
Tax Map 90 and Parcel Number 32
9.976 Acres to be rezoned from R-1 (Residential) to R-6
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 with the offered plans approved for development. These conditions are proffered as a part of the
requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions;
and (2) such conditions have a reasonable relation to the rezoning request.
(1) The development on Tax Map 90, Parcel Numbers 32 shall be in general accord with the plan
produced by Weather Hill Homes, Ltd, dated April 21,2004, entitled "Avon Park Site Plan", herein
referred to as the plan, (sheet S-1). The development shall be found in general accord with the plan if
the layout is generally the same with a buffer area to the south, open space along the Entrance
Corridor, a central park space of the same size or larger, and interconnections north and south.
(2) No building permit shall be issued unless and until the Director of Community Development, or his
assigns, determines that the townhome facades are in general accord with the sheets SC-2, SC-3,
and SC-5a, of the architectural plans dated April 26, 2004, entitled "Avon Park Townhomes". The
façade shall be determined to be in general accord with the architectural plans if the windows are in a
similar alignment, and there are architecture features that break up the massing of the buildings, such
as the porches, porticos, and gables.
(3) The owner shall contribute $59,000 cash to the County for funding pedestrian improvements in the
Neighborhood that are identified in the County's capital improvement program prior to or at the time of
the first building permit for any dwelling unit within the development. If this cash contribution has not
been exhausted by the County for the stated purpose within ten (10) years from the date of the
contribution, all unexpended funds shall be refunded to the owner.
(4) The Owner shall design and construct a water tank for fire fighting purposes and human
consumption, and a pump station that will fill the tank. The capacity of the tank and the water flow
shall meet the standards specified by the ACSA. The water tank and pump station shah be
constructed prior to the issuance of any building permits for any dwelling unit within the development.
The water tank, pump station and associated piping will be dedicated to the ACSA upon completion.
(5) The owner shall provide nine units of affordable housing as identified on the plan produced by
Weather Hill Homes, Ltd, dated April 21,2004, entitled "Avon Park Site Plan", herein required to as
the plan The owner shall convey the responsibility of constructing the affordable units to any
subsequent purchaser of the subject property. The current owner or subsequent owner shall create
units affordable to households with incomes less than 80% of the area median income, such that
housing costs consisting of principal, interest, real estate taxes and homeowner's insurance (PITI)) do
6
not exceed 30% of the gross household income (e.g., for 2003. the price of the maximum affordable
home for purchase was $172,000). All purchasers of these units shall be approved by the Albemarle
County Office of Housing or its designee. The owner/builder shall provide the County or its designee
a period of 90 days to identify and pre-qualify an eligible purchaser for the affordable units. The 90-
day period shall commence upon written notice from the owner that the units will be available for sale.
This notice shall not be given more than 60 days prior to anticipated receipt of the certificate of
occupancy. If the County or its designee does not provide a qualified purchaser during this period, the
owner shall have the right to sell the unit(s} without any restriction on sales price or income of
purchaser This proffer shall apply only to the first sale of each of the nine units.
(6) Prior to construction of the sewer connection from the subject property across the Mill Creek South
common area, the owner shall submit a tree conservation plan prepared by a certified arborist. The
plan shall be submitted to the agent for review and approval to assure that existing conditions in the
woodland will be preserved to the extent possible and that the sewer construction zone is the
minimum allowed by the ACSA. The plan must be approved by the agent before any trees are
removed within the sewer construction zone. The plan shall identify all trees to be removed and
specify tree protection methods and procedures, including how root systems and root zones will be
protected. Except for the tree removal expressly authorized by the agent, the owner shall not remove
existing trees outside of the sewer construction zone.
Marc Powell (Siqned)
Signature of All Owners
Marc Powell. Manaqinq Member
Printed Names of All Owners
July 14. 2004
Date
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Stormwater Financing Work Session
AGENDA DATE:
July 14, 2004
ACTION: X
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Consider various options for financing the
stormwater program at different levels of service
CONSENT AGENDA:
ACTION:
INFORMATION:
STAFF CONTACT(S):
Tucker, Foley, Davis, Kamptner, Graham,
Hirschman
ATTACHMENTS: No
REVIEWED BY:
r-
LEGAL REVIEW: Yes
BACKGROUND:
The Board held work sessions on April 7, 2004 and May 5, 2004 concerning the Stormwater Master Plan and funding
options for the stormwater program. Two important concepts from these work sessions were:
1. The stormwater program consists of existing programs (e.g., plan review, inspections, and maintenance), newly
mandated programs (e.g., storm sewer permit), and expected programs (e.g., responding to citizen complaints, new
regional facilities).
2. Current decision-making about the stormwater program involves deciding on a level of service for stormwater
management. For instance, how frequently should the County inspect stormwater facilities and conduct preventative
maintenance? How responsive should the County be to citizen complaints?
The executive summaries from April 7 and May 5 provide more details on the master plan, funding options, and level of
service issues.
STRATEGIC PLAN:
Goal 2.2: Protect and/or preserve the County's natural resources
Goal 2.3: Provide for environmentally sensitive government operations at the local and regional level.
Goal 3.3: Develop and implement policies that address the County's growth and urbanization while continuing to enhance
the factors that contribute to the quality of life in the County.
DISCUSSION:
Based on feedback from the Board at the previous work sessions, staff has outlined a "baseline" program as well as two
additional options for expanded levels of service. This report also contains an analysis of funding alternatives and
important issues to be considered for each alternative.
Baseline Level of Service: Existina & Newlv Mandated Proarams
This "base" level of service includes programs that the County currently maintains plus new mandates that the County must
comply with. The base program has the following level of service characteristics:
· The County would continue to review erosion control and stormwater plans for development and provide site inspections
based on current staffing.
· Staff would strive for scheduled inspections for all public and private stormwater facilities on an annual basis, but limited
resources will likely result in inspections largely being driven by complaints or known problems.
· Routine maintenance would be performed on County-owned facilities. Funding for repairs and new facilities would be
based on availability of funds in the CIP.
· Citizen complaints would be handled on a case-by-case basis based on the availability of staff. Some complaints would
receive an initial site visit, but adequate resources may not be available to address the problem.
· Some problems that are left unattended due to a skeleton inspection and maintenance program will not be addressed
until they become a more serious problem, which may result in more costly drainage system repairs in the future.
· Staff would put the main emphasis on compliance with mandated programs. In most cases, we would identify and
pursue the minimum actions necessary to achieve compliance, perhaps through contract with others.
Fundinq Considerations for the Baseline Proqram
The current funding level for the stormwater program is approximately $750,000 (approximately $500,000 for administrative
expenses and $250,000 in the CIP). Some revenues are brought in through plan review fees ($140,000) and pro-rata
share contributions to reimburse for past expenditures (this amount is variable on an annual basis based on the amount of
development that occurs within particular drainage basins). An increase in funding would be needed to fund the newly
mandated programs. The annual cost increase would likely range from $100,000 to $240,000.
Option A: Base Proaram Plus Expanded Customer Service in Development Areas Focusina on
Stormwater/Drainaae Services
Option A would provide services for existing and mandated programs as well as most expected programs, with a strong
focus of providing "urban-type" services to the Development Areas with regard to inspecting, maintaining, and improving
the drainage system. Level of service characteristics would be as follows:
· The County would provide the plan review and inspection services listed above for the base program. Inspections of
stormwater facilities would be conducted at least annually within the Development Areas.
· The County would fund projects listed in the Stormwater Master Plan, including construction of regional facilities in the
Development Areas, drainage repairs, and stream restorations at a rate of two to three projects per year in the
Development Areas.
· Additional staff and resources would be available to focus more attention on citizen complaints and follow-up to address
problems in the drainage system in the Development Areas.
· Staff would comply with our storm sewer permit mandates in accordance with the approved 5-year plan, and move
beyond minimum compliance where opportunities arise to make the program more effective. One such opportunity would
be to enhance our regional partnership for public education and outreach on stormwater issues.
Fundinq Consideration for Option A
Total program costs would be approximately $1.2 million in Year 2 of the program and $1.5 million in Year 5 (based on the
assumption of taking on more projects through time), or $450,000 to $750,000 above currentfunding. Funding for projects
and programs outside the Development Areas would be in addition to these figures, and would be funded on a case-by-
case basis at the Board's discretion using general fund or capital revenues.
Based on our consultant's analysis, the Development Area program could be funded by a stormwater utility with a rate of
$24/year/ERU (equivalent residential unit = 2,000 square feet of impervious cover) in combination with plan review fees
and pro-rata share contributions. This fee includes offsetting the current General Fund cost of stormwater management.
Alternately, revenues for the program could be generated from the General Fund through a dedicated stormwater service
district at a rate of approximately $0.01/$100 of assessed value (see discussion below). The chief difference between the
stormwater utility and the service district is that the utility assesses fees based on relative impacts to stormwater (using
impervious cover as the measure) while the district would use property values. The last section of this report contains a
fuller treatment of these funding options.
Option B: Base Proaram Plus Expanded Customer Service Countv-wide for Stormwater/Drainaae Services AND
Natural Resources Protection
Option B would provide services for existing and mandated programs as well as most expected programs, with a County-
wide approach. This County-wide coverage would allow the program to address "urban-type" services noted with Option A
in addition to natural resources protection programs, such as sediment reduction, stream protection, and an expanded
easement program. Level of service characteristics would be as follows:
· The services described under Option B would be pursued. Maintenance inspections would be conducted at least
annually throughout the County.
· Projects in the Stormwater Master Plan as well as Rural Area projects would be funded at a rate of three to five per year.
Rural Area projects may include stream habitat, sediment reduction, and riparian restoration efforts, as well as public
education on water resources protection.
· Citizen complaint response and drainage repairs would have more of a County-wide focus.
· Stream assessment and watershed studies could be extended beyond the Development Areas.
Fundinq Consideration for Option B
Total program costs would be approximately $1.5 million in Year 2 of the program and $2 million in Year 5, or $750,000 to
$1.25 million above current funding.
The County-wide program could be funded by a stormwater utility with a rate of $18 to $19/year/ERU in combination with
plan review fees and pro-rata share contributions. This fee includes offsetting the current General Fund cost of stormwater
management. For the stormwater utility option, an agricultural property with one dwelling unit would likely be billed as one
ERU (in other words, the agricultural part would be exempt). As with Option A, revenues could also be generated from the
General Fund through a dedicated stormwater service district at a rate of approximately $0.015 to $0.02/$100 of assessed
value (see discussion below).
Fundina Alternatives & Issues
Regardless of which program level of service is adopted by the Board, including the baseline level of service, additional
revenue will be required. The funding alternatives presented by staff maintain some existing funding elements and provide
options for other elements. Under each of the program level of service options, permit fees and pro-rata share are
proposed to remain as currently used. However, it is recommended that if a stormwater utility or district is created, that the
current general fund cost of stormwater management be shifted to that newly created funding mechanism.
Staff believes three funding options are worth considering. These are:
1. General fund: The advantage of expanding the use of the general fund is that it minimizes the administrative burden.
As such, if the Board was interested in pursuing the base level of service, the additional cost above what has been
previously funded would be a fraction of a penny on the property tax rate. That does not appear to justify the administrative
cost of the other options. Conversely, if the Board preferred one of the expanded levels of service options, the additional
cost would be a penny or more on the property tax rate and could present a funding challenge. If an expanded level of
service is preferred by the Board, staff recommends considering the two funding options listed below.
2. Stormwater utility: A stormwater utility has been the most common means of providing a dedicated funding source for
stormwater management in Virginia. The advantage of the stormwater utility is that it provides a dedicated funding source
and attempts to relate the stormwater impact to the utility fee for each property. As such, it is most appropriately used
when large sustained expenditures are anticipated. As proposed by staff, this utility would also shift most of the stormwater
management costs that are currently funded with the general fund to the stormwater utility. This would reduce the general
fund demand for stormwater management by approximately $500,000 per year.
There are several issues with a stormwater utility worth discussing. First, this is a complex program to administer and
requires considerable time and money to establish. For example, to set the initial fees for commercial property, we would
need to measure the impact of each property by calculating an equivalent number of ERUs (equivalent residential units).
As such, the administrative cost for this utility would outweigh the benefit for the base level of service. Second, single
family dwellings are typically charged the same rate - one ERU -- regardless of size. This assumes all houses have
roughly the same stormwater impact. That simplifies the administrative burden, but could be viewed as a regressive fee,
as it charges the property owner with a large house the same as the owner with a small house (although the rates are
relatively low at $18 to $24 per year). The utility can create a different fee based on house size, but that significantly
increases the administrative burden in managing the utility. Third, the utility structure would require the Board to annually
set the appropriate utility rate. This is similar to what the ACSA currently does for water and sewer in balancing costs and
revenue needs. Finally, the stormwater utility would likely be billed as a separate line item on the property tax. This could
be a public perception issue somewhat similar to how some view the line items on a phone bill.
3. Stormwater Service District: Basically, this program creates a separate dedicated charge for stormwater using the
property assessment. Like the stormwater utility, this creates a dedicated funding source and could allow current program
funding to be shifted within the general fund to this stormwater district. This differs from the utility in that the property
charges are based on assessed property value rather than attempting to measure the property's stormwater impact. The
advantages of this option are that it is much simpler to administer and, by Board policy, could have an automatic adjuster
for inflation. For example, if a stormwater rate of $0.02/$100 assessed was established as a dedicated funding source, as
property values increased, the funding level of this program would also increase. This allows the program to have an
automatic adjustment for inflation and housing growth that avoids the need for the Board to perform an annual rate change.
There are several issues worth considering. First, it must be recognized that the district method does not attempt to relate
costs to stormwater impacts, but rather uses property values. That said, this is really no different than what is done with
the General Fund. Second, while the administrative burden would be smaller than the stormwater utility, it would have a
larger administrative burden than use of the general fund. Finally, like the utility, this would likely be billed as a separate
line item on the property tax bill and have that same concern with public perception.
RECOMMENDATIONS:
Staff would like to receive input from the Board regarding the level of service you feel is most appropriate for the County's
changing stormwater program. Staff is preparing an overview of a number of urban area needs, including stormwater, to
discuss with the Board in a more comprehensive way at a Board work session in September. Prioritizing and funding
urban infrastructure is also planned for discussion at October's Strategic Planning retreat. It is recommended that a final
decision on funding the stormwater program be made as a part of this more comprehensive discussion.
04.102
JULY 14, 2004
CLOSED SESSION MOTION
I MOVE THAT THE BOARD GO INTO CLOSED
SESSION PURSUANT TO SECTION 2,2-3711 (A) OF
THE CODE OF VIRGINIA
. UNDER SUBSECTION (3) TO CONSULT WITH
LEGAL COUNSEL AND STAFF REGARDING THE
ACQUISITION OF PROPERTY FOR PUBLIC USE;
and
. UNDER SUBSECTION (7) TO CONSULT WITH
LEGAL COUNSEL AND STAFF REGARDING
SPECIFIC MATTERS REQUIRING LEGAL
ADVICE RELATING TO A ZONING ISSUE.
RECEIVED AT 80S MEETING
Date: '1- (~ ;{)1
Agenda Item #: ,
My name is Tobey Bouch. I am a resi~fn'~/")tI~m.arl8 c~fv7;r ~nd I represent
the Central Virginia Family Forum, as well as many concerned residents seated behind
me. We are here to address the new Planned Parenthood Clinic being completed at 2964
Hydraulic Road.
In October 2003, the zoning administrator of Albemarle County signed a zoning
clearance fonn (see fonn #1), allowing for a "medical clinic" and undoing five years of
oversight by the Albemarle County Board of Supervisors. In 1998, and again in 2000,
this board had approved "special use pennits" granting pennission for (see fonn #2) "a 2-
story plus attic and basement mixed use building wi professional office & residential use
in accordance wlSec 17.2.2.11" (see fonn #3). A special use penn it in a residential area,
as the zoning ordinance describes in Section 31.2.4 (see fonn #4), allows no use by right
other than the specified use set forth by the supervisors. In this case the use was proposed
to be professional offices, which the zoning ordinance defines as "a room or group of
rooms used for conducting the affairs of a business, profession, service industry, or
government" (see fonn #5). In contrast, a medical center, as indicated on the zoning
clearance application, is defined as "an establishment wherein medical care is provided
on an outpatient basis as distinguished from a hospital or a professional office" (see
fonn #6)
We are asking the board to review the use of the building at 2964 Hydraulic Road
and revoke special use pennit #SP-00-35. The zoning ordinance allows for this
revocation in Section 31.2.4.4 (see fonn #7) based on a finding of "willful
noncompliance with. ..any conditions imposed..." While the aesthetic conditions
imposed by the county may have been satisfied, the current property-owner is in violation
of the conditions of use. Section 31.2.4.3 (see form #7) states that "the board of
supervisors may impose upon any such pennit such conditions relating to the use for
which such pennit is granted." And again, in the same section, reference is made to the
board's control over "particular aspects of occupancy or use."
Are we to conclude, by examining the approval process of this special use pennit
(see fonn #2), that the only relevant conditions are those imposed on buffer, lighting,
height, and square footage? Or is it safe to assume that the board was also considering, as
required by Section 31.2.4.1 (see fonn #4), "that such use will not be of substantial
detriment to adjacent property," and "that the character of the district will not be
changed..." With these potential implications in mind, we can conclude that the
description provided during the approval process, and to the adjacent residents, of what
was coming to 2964 Hydraulic Road was the most critical condition. And, as Section
31.3.4.3 (see fonn #7) concludes, "Any condition imposed under the authority of this
section shall be deemed to be essential to and nonseverable from the issuance of the
pennit itself."
We now know that Planned Parenthood of the Blue Ridge intends to operate an
abortion hospital on the second floor of this facility. This use is so far removed from the
special use pennit approved in 2000, you must intervene and assert the authority granted
you by the zoning ordinance. Unless the current property-owners can comply with the
original conditions of the penn it, which allowed only for professional offices and
residences, the pennit must be revoked. We ask that a vote be called at the next board
meeting. If Planned Parenthood would like to open a hospital, do not allow them to do it
in a residential district under the guise of an office building. In closing, I ask you to
examine a proposed amendment to the zoning ordinance to ensure such indiscretions on
the part of the zoning administration are not allowed in the future. Thank you for your
time!
Contact Info:
Email: thefamilyforum@afo.net
washpostguy@netzero.com
County of Albemarle .:. Department of Building Code and Zoning Services
~=~ICES~~~_4)r_ ________ IMP f2 f2 J j)Q: 121) - J.) J2 - Ÿ .12 110 I
Mag. Disl . ______~º_ _._... _ __._.__.___.__ _.___. Date .Jf)J;2!!¡jD3 ,
Fee A.mount: $35.00 (·h,:cl. /I ~9}( R«:c«:iptl/ _-.8 5 3/ <6 Stall': .-.n...b7
Application for Zoning Clearance
CD Project Name
How should we refer to this application? YJ...AtJNED ~ 6 00 V c- I
. ·ExislingZoning_R -10 5P£c..IAL. VSE pERMIT ~r 2~.:~;~,T2istYOUwithlhisitem)
Number of acres (if a poniun it must be delineated on pial) O..!. 7 ß A c. R£ 5
~ Applicant InformationnîoJJ <1-0 ~
Who should we call/write concerning this project? J f.FF Wooo OR. flIAJW.lt; CARVe-J<:,
Address
~ 2.. 6 (i ~AN P , ^' R.. CJ .
. .
City -f!..Dj.l,jUK ~
'54-0. 3'1''''', 59lZE-mail Je.f
State It4 lip <:
. ·GoIY\.
Daytime Phone ( 5ttO ) _~, 'D /5
Fax #
Evening Phone ( _ )
Q) Project Information
Tu map and parcel ...IM P ~ 1 - J ~
Business Nameffype --P l-AN NFiilL.E.Af?t:INTrf-
Addres. 9//6 t/ tlrf)~h
Previous Business on this sire
Does the proposed use require new construction or renovation? YES X NO Buildin. Permit # 2() tJ 3/ 60 9
Is property subject to an approved Site Plan, Special Permit, ZMA, Proffer, or Variance? YES X NO _
PleaseUst SPE"C-/AL IJ2£-E£RMJT--1t-SP 2IJOO -~5
Proposed use and projected start date: ..Af)l4J..Y.J. ~ í/<.It TJ
---P4E tJ J c..1tL C. 1-1 ^ II(
3/-1/--¿oot _
This Clearance will only be valid on the parcel for which il ili approved. If you change, intensify or move the use to a new location,
a new Zoning Compliance Clearance will be required.
I hereby certify that I 0
I also certify Ihat the' f,
bjcct property. or have the legal power to act on behalf of the owner in tiling this applicaton.
Ion provided is true and accurate to the best of my knowledge.
---.--_..______ _LJal/«4vA.-
Printed Name
/qd~~
,.
Date
:Signature
---
----
OFFIC~NL\'
yfA";pro~·ed 85 proposed
( ) APP,""d wòth ".d;I;o., ~A-~~ .he17/.
-.,41:S&:- &s tkhd>? I ct IlRtJ o.À rr J ~(- Ävì cI J
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w. ....-. ~ .. , .,. ,. ""...... n..". ....,.. '11 A,. "'n...",
Jó1,{ltY)
--.... . - ~
AuøtM 16.2000 (Regul.r N~ht Meeting)
(Ptg. ~)
8. Use shall 001 gommenoe uo1ila Cer1lloa~ of ~propria~n.,. ill _lid by theAASfor 8
. plan. inclUdIng landlcaplng _ Ilgh1lng pi.,.. and,
... Recordation of a pitt oombining t 1.182 !I«O ØQrtion of Tax Map 18, Percel. to tUbject
parcal 5713.. rtfttCtad on a copy of. pitt by e, Autnv HUffrôel't &. AMod..... L TO.,
inititlled enddøted -V A. 11.2Ø100".1hd with SF' 00-032 (AltBohrMnt 0.1 on lIIe In the
Clerk'. office')
A¡lN"IdalWn No. 1 1. $P.oo.oss. RoIIyn Ridge otIce ($,n fO$), PublIc "..ring (I" a Mqullt to
IIlow a 2-lÍItIOty plLlUtllC &. bleam.nt I"AIød uu Þ1dglld profNaIonal office & nIIIokIentIaI UN In accord
wiSeD 112,2.11 of the ZLri1g Old whlah øJlow for proteaional ollice5. TM 81 , P . zoo FM 0, aonlBins
.7.ce.. Located on Hydraulc Rd (Rt 43) & II N of Glrden ct & S of Unon RJdg. Churcl1. RIo DIal
: Advel'llltd In Tne DeIIV Prooreu on July 31 end AugtJ8t 7_2000.)
Mr. I!.,.h ~mm.rttlld the Itaff ~pOIt, Which IS on ... In ~ CI.rIC~ ofIce and . perm'ntrlt PåI1
orthe record, At Ita July 1 S, 2000 rMt'llÜng, the Planning Cømmillsion unanimOualyl'llCOß1mendlld approYtill
of ep.( 1).035 . four condition..
M$. Humphr18 IJ&Iced whetwø¡. ItIe ~ between "two 6Ioriu and en atIJcf end " tne 1!cIrMM".
..... s.n~.... the CommRion O"q~ the worclng to ref*tttt. fact that t¡tI¡ want thutruotllre to look
11'10'* lb. twO-ltóry bUll<lng'Mth dorm.rtthan aftl~ttory ttructu....
Ms. Humpl'lri8 ..ícIlI1e reali Ma. SprtnklelllMÞÞr to t!1upplant" .ncl IIIked If h COmmillion had
addNbld III the 11.",. In the cond~lonfl. Mr; B.....h saJd all of the Zoning o.pertmtnt'8 concema have
beøn addressed. exoept those tI1at oen be addmHd III 1111' sIIe plan process, w.. Humph.. liked if the
1Cfe~ II .a.quate. ..... hnlah replied. "Yes.-
Mr. Bowerman 8$ked If the original søoa.l Ute permit called for r~ In the ... Mr Berilh
,*pllId. 'No,·
The epplicanf8 arch'*t, Mr. Woody Pariah, ..Id lI1e slleplM shows the ofIIoe « U'" fooIIIQe end
the fad thatth.... ...ufftcltnt partclng, They lIave not requefted pal1t1ng tor Infthcied .partmtntL The
øppIlc:øntwould !lite tó purauethll oplion. bullhe,..a,.. many llølllMlthet fil. mult have to be addl'8lllled.
They rem.n ..nsI1tYe to buffitrlng iwuW In ø.øng v.4th the IIþIm of the original IPlCitI .. permit, and
IWtIe IBlktd \títIh the nalØ!bore "*Qlrc ng tomê ott!1. WI plan del8ll.
Mr. 80warman _lid " the Comnùak)n would HI th.. plan. Mr. D.....h repllt<I, 'No.·
M$. Humpl1lis 8$ked whet "trønsllloniHtltcfarolècture means. Mr. ParDh HId he bed no lde1l.
He olbd thatth.lIÑI1Or....1 be brick,ln ordll'to ¡:;InIM1'V' th"p/*Irence ofa two-tf¡øry Þolc jng.
Mr. M.rtin opened the public I1etrÎrlg.
WIh no ona ri8ing to Bpeek, ...., Mø/1ln clOlMld1t1a public hflsring.
Mr. Bowerman tald thh} pl'epodla an Itnpl'OVtment O\'.r the Original. He atked the applicant to
make sure there Is ønopportunlly for adjacent property own8fT1 to_ queaðons.
Mr. Bowerman offered the motion. teconded by Ma. Humphrla, to apprOVf SP-O<J..3S, ~œIyn
Ridge 0fI0e. wti1 the four QOfIÒlìons recommended by the Planning Commilllsion. Roll wanalled and the
rnofIon paned by the follOWIng I'ItCOrded vote:
AYES:
NAYS:
ASSENT:
11.1$. Humph.., Mr. Mar1ln. Mr. Perkins, and Mr. 80M""."
N( ne.
Mr. Corrier and MI, ThomN.
1.
COIdIIOtI' _,U fQIoW:
An uncillturbed bUffer sItfp of minimum lIfteøn (15) feet in widlh atlall be mBinflllned alon¡¡ both
Ibuttin J þrDPIrly lINe, YAIh 1.lIåscIpiIglnd ICfHnÌ'l(¡ to bit lpØI'OVtd WIt! h .. plan In
accordlllinct with SecIIon 32,7.9. To th. _ntfHllbl.. the ."'ng ~on shd be .....,ned on
the site. The buffer strip Bbut1ing GardenCOUrllhøJl be umisturbed. with eJisIJ'1I h'ees wti1in the
ÞUtf8r prntrvedlnd IncOl' )Ol'å8d Inti thl 'andacap. øIIn. A II»-fool-hlgh opaque _nce l1li11 "
placed bfltMt&n the parklrtg lot and 1M Townwood ul'ltT$;
2.
3,
All merier lighting shall be full outort" lumlnøires If the 'limPS emU 3,000 Of mora lulI1êna. .AJI
oartdoør lighting .hall btlfT8nged or aI1itlåedfo oiled light away from adjðlnlng mldanllal diItricfII
and tJW8y from adjacent streeta;
The building sh.1 be no mOl'9than threutoriesln height and des gnad in keeping. the
CI'Ilraabtr of the atM, Ind cøntlatMlt WIth 1.t11 skMch plan I'NImlå "RotIYn RIdge 0fIICQ" CfGd
7/11100; and,
·
;
August 18,2000 (Regular Nighl Meeting)
(Page 24)
4. Building square footage shall De limited to B,OOO equl!r'e feel.
Agenda Item No. 12. ZMA-OQ-D1, Covenant Church (Sign ~ 48). Public høaring on a request to
rezone 0.811 IOi from C-11x1 CO. 1M 81, Ps 1 S4C (portion of). Looaled on N lei of Rio Rd E & E ofti'le
exldng railroad. The subject site Ie the exiting Covensnt Church. (Site I. designated for Neighborhood
SeNice in Urban Neighbomood 2 of the Camp Plan.) Rivanna Dild. Advertised in The Dailv Proare5is on
July 31 and August 7,2000.)
Mr. Martin nid he wa5gDin¡ to skip the summary since the Board halO already heard thi5 item, It
has only come bacl< before the Board beeau.elt WlI advel1lalld Incorrectly. Ha then opeIMd Ihe public
hearing.
With no one rising to speak, Mr. Martin closed the public hearing,
Ms. Humphris offered the motion, ..çonded by Mr, Bowerman, to approve ZMA-OO-001,
C<¡venant Church, as proffered. Roll was called and the motion palsed by the following recorded vote:
AYES:
NAYS:
ABSENT:
Ms. Humphrie, Mr. Martin, Mr. Perkins, and Mr. Bowerman,
None.
Mr. Dorner and Ms. Thomas.
The prorrer 18 88 tollows:
Proffer:
Dete: June 20 2000
ZMA I¥: 00-001
Tax Map and Parcel Number(&): 61-154C
0.611 Acrllto be rezoned from C-110 CO
Pursuant fD Section 33.3 ofthe Albemarle County Zoning Ordinance, the awner, or lie duly authorized
agenl, herel:ly voluntarily prorrere the conditione listed below which shall be applied to the property, If
rezoned. These cOrlditian5 are proffered as B. part of the requer¡;œd rezoning arid it jr¡; agreed that (1) the
rezoning IIMlf glv8I rtse to Ihe need for the condlllona; and (2) such conditions have a .....on.ble rel.tion
to the rezoning requltlll.
1. The uses permitted on the property shell be limited to those permitted by right In Sections 232.1.4,
23.2.1.7 and 23.2.1.8,and those permitfed by special UIIII permit in Section 23.2.2, of the
Albemarle County Zoning Ordinance, as ti'ley were in elfeot June 14,2000. Copies of the cited
seellona are attached hereto (on file In the Clerk'. Ome8).
Agenda Item No. 13. Approval of Mtlut..: March 1, Aprtl12 and April 1 B(A), 2000.
None were reed.
Agenda Item NO.1 4. other Mattere not Listed on the Agendl from the Board.
There were none.
Ä(¡endaltem No. 15. CIOIed Se88Ïon: Legal Mattere.
At 8:30 p.m., motion WBS offered by Mr. Bowerman thllt the Board go intD Closed SeSllion
pureuBnt to Section 2.1-344(A} of the Code of VirginiB under aubsection (7) to consult with IegBI couneel
and 8f8ff regarding pending litigation relating to the Ivy Landfill. Mr. Perlelne seconded the motion. Roll
was called and the motiorl pil$Sed by the following recomed yote:
AYES:
NAYS:
ABSENT:
Mil. Humphrie, lIAr. Martin, Mr, Perkins, and Mr. Bowerman.
N<Jne.
Mr. Dorrler and MI. Thomas.
Agenda Item No. 15. Certify Closed SeSlõion.
At 9:30 p.m" motion was Immediately offered by Mr. Bowerman, seconded by Ma. Humphrlli, thlt
the Board certify by a reoOl-ced votl! that to the Dest of each Board member's knowledge only publio
bullne.. mlilttlers lawfully exempted from the open meeting requlrementa of the Vlrglnls I"reedom of
Intol1118110n Act and identified In the motion authorizing the closed 68l18lon were heard, dlecueaed or
cOrlSidered in the closed session. Roll was called and the motion carried by the following recorded vote:
)
t
ALLBEMARLE COUNTY CODE
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3. Multiple-family dwellings such as garden apartments.
4. Cluster development of permitted residential uses,
5. Rental of permitted residential uses and guest cottages; provided that yard, area and other
requirements of this ordinance shall be met for each such use whether or not such use is on an
individual lot.
6. Homes for developmentally disabled persons (reference 5.1.7).
7. Boarding houses.
8. Tourist lodgings (reference 5.1.17).
9. (Repealed 9-2-81)
10. (Repealed 9-2-81)
11. Electric, gas, oil and communication facilities, excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distn"bution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other
applicable law. (Amended 5-12-93)
12. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
13. Temporary construction uses (reference 5. 1.I 8).
14. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage
buildings.
15. Storm water management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
.!ii' 17.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit approved by the board of
supervisors pursuant to section 31.2.4:
1. Community center (reference 5.1.04).
2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
3. Fire and rescue squad stations (reference 5.1.09).
4. Swim, golf, tennis or similar athletic facilities (reference 5.1.16).
5. Private schools.
18-17-2
Zoning Supplement #23,10-9-02
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ALLBEMARLE COUNTY CODE
6. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-
wave and radio-wave transmission and relay towers, substations and appurtenances (reference
5.1.12).
7. Day care, child care or nursery facility (reference 5.1.06).
8. Mobile home subdivisions (reference 5.5).
9. Rest home, nursing home, convalescent home, orphanage or similar institution (reference
5.1.13).
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11. Professional offices.
10. Hospitals.
12. Retail stores and shops on a single floor, compatible with the residential characteristics of the
district, with a gross floor area not exceeding four thousand (4,000) square feet.
13. Home occupation, Class B (reference 5.2).
14. Churches. (Added 9-2-81)
15. Cemeteries. (Added 9-2-8])
16. Stand alone parking and parking structures (reference 4.12,5.1.41). (Added 11-7-84;
Amended 2-5-03)
17. Mobile home parks (reference 5.3). (Added 3-5-86)
17.3 AREA AND BULK REGULATIONS
AREA AND BULK REGULATIONS
REQUIREMENTS
Gross density
Minimum Lot Si7.e
STANDARD LEVEL
CONVENTIONAL CLUSTER
DEVELOPMENT DEVELOPMENT
10 duJacre 10 du/acre
(Added 7-17-85)
4356 sq ft N/A
BONUS LEVEL
CONVENTIONAL CLUSTER
DEVELOPMENT DEVELOPMENT
15 du/acre I Sdu/acre
Yards, minimum:
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(a) Minimum side yards shall be reduced to not less than (10) feet in accordance with section 4.11.3.
Maximum
Structure heil!.ht 65 feet 65 feet
2904 sa ft. N/A
25 feet
15 feet
20 feet
25 feet
15 feet
20 feet
65 feet
65 feet
17.4 BONUS FACTORS (REFERENCE 2.4)
(Amended
8-14-85)
17.4.1 ENVIRONMENTAL STANDARDS
For maintenance of existing wooded areas equal to: ten (] 0) percent to nineteen (] 9) percent of
t~e site, a d.en~ity increase of five (5) percent shall be granted; twenty (20) percent or greater of the
sIte, a densrty Increase often (10) percent shall be granted.
18-]7-3
Zoning Supplement #25, 2-5-OJ
ALBEMARLE COUNTY CODE
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When structures are completed and ready for occupancy prior to the completion of all
improvements required by the site plan, and the zoning administrator determines that the site may
be occupied consistently with the public health, safety and welfare: (Amended 10-3-01)
a. Except as provided in subsection (c), the owner may provide a certified check, bond with
surety satisfactory to the county, a letter of credit satisfactory to the county, or other form of
surety satisfactory to the county approved by the county attorney, in an amount sufficient for
and conditioned upon the completion of the improvements related to the structure for which
the permit is sought, within one (I) year. Upon the providing of such bond with surety, a
permit may be issued for the occupancy of those structures already completed. (Added 10-3-
01)
b. The board of supervisors may extend the period of the surety if the applicant demonstrates
that the extension is required because of adverse weather conditions or other unusual
circumstances beyond the applicant's control, rather than the applicant's failure to diligently
pursue completion or other reasons. (Added 10-3-01)
c. A certificate of occupancy shall not be issued, and a surety shall not be accepted, if the zoning
administrator determines that improvements directly related to health and safety, such as fire
hydrants and safe and convenient access to public roads, have not been completed and are not
operational. (Added 10-3-01)
(§ 31.2.3.1, 12-10-80,6-2-82,9-9-92; Ord. 01-18(6), 10-3-01)
31,2.3,2 ZONING COMPLIANCE CLEARANCE
An occupant shan obtain a zoning compliance clearance from the zoning administrator when: (I) a
new commercial or industrial use is first established on a parcel; (2) an existing commercial or
industrial use is changed or intensified; or (3) the occupant of a non-residential use changes. The
zoning compliance clearance shall be issued only if the zoning administrator determines that the
structure or premises and its use comply with the requirements of this chapter. For purposes of
this section, production agriculture is not a commercial or industrial use; a home occupation is a
commercial use. (Added 9-9-92; Amended to-3-01)
(§ 31.2.3.2,9-9-92; Ord. 01-18(6),10-3-01)
31.2.3.3 AUTHORITY NOT TO ISSUE CERTIFICATE OF OCCUPANCY OR ZONING
COMPLIANCE CLEARANCE
Notwithstanding sections 31.2.3.1 and 31.2.3 .2, nothing contained herein shall be deemed to
obligate the zoning administrator, following review of any building or premises, to issue a
certificate of occupancy or zoning compliance clearance in any case in which the zoning
administrator determines that additional improvements are necessary as precedent to issuing a
certificate of occupancy or a zoning compliance clearance to protect the public health or safety,
whether or not the improvements are shown on the approved site plan. (Added 9-9-92; Amended
10-3-01 )
(§ 31.2.3.3, 9-9-92; Ord. 01-18(6), 10-3-01)
31.2.4 SPECIAL USE PERMITS
.'iÞ' 31.2.4.1 RESERVED TO BOARD OF SUPERVISORS
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
18-3]-3
Zoning Supplement #16, 10-3-01
·
ALBEMARLE COUNTY CODE
adjacent property, that the character of the district will not be changed thereby and that such use
will be in hamtony with the purpose and intent of this ordinance, with the uses pennitted 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.
31.2.4,2 APPLICATION
Application for a special use pennit shall be made by the filing thereof by the owner or contract
purchaser of the subject property with the zoning administrator, together with a fee as set forth in
section 35.0 of this ordinance. No such pennit shall be issued unless the board of supervisors shall
have referred the application therefor to the commission for its recommendations. Failure of the
commission to report within ninety (90) days after the flfSt meeting of the commission after the
application has been referred to the commission shall be deemed a recommendation of approval.
Provided, however, any day between the date an applicant requests or consents to a defeITal or
continuance of the consideration of the application by the commission until the date of the
deferred or continued hearing by the commission shall not be counted in computing the ninety
(90) day review period. The board of supervisors may extend the review period upon a request by
the commission.
The board of supervisors shall act upon such application and render a decision within a reasonable
time period,
No such pennit shall be issued except after notice and hearing as provided by section 15.2-2204 of
the Code and section 33.8 POSTING OF PROPERTY. (Amended 5-5-82; 6-19-96)
31.2.4.2.1 LIMITATION OF FILING NEW APPLICATION AFTER ORIGINAL DENIAL
Upon denial by the board of supervisors of any application filed pursuant to section 31.2.4.2
above, substantially the same petition shall not be reconsidered within twelve (12) months of the
date of denial. (Added 6-19-96)
31.2.4.2.2 WITHDRAWAL OF APPLICATION
An application shall be withdrawn, or be deemed to be withdrawn, as provided herein: (Added
10-3-01) .
a. An application filed pursuant to section 31.2.4.2 above may be withdrawn upon written
request by the applicant. The written request must be received by the body considering the
application prior to it beginning consideration of the matter on the meeting agenda. Upon
receipt of the request for withdrawal, processing of the application shan cease without further
action by the commission or the board. Substantially the same application shan not be
reconsidered within twelve (12) months of the date of the withdrawal unless the body
considering the application at the time of withdrawal specifies that the time limitation shall
not apply. (Added 6-19-96; Amended 10-3-01)
b. If the applicant requests that further processing or fonnal action on the application be
indefinitely deferred, the application shall be deemed to have been voluntarily withdrawn by
the applicant if the commission or the board does not take action on the application within
twelve (12) months after the date the deferral was requested. Upon written request received
by the director of planning and community development before the application is deemed to
be withdrawn, the director may grant one extension of the deferral period for a period
detennined to be reasonable, taking into consideration the size or nature of the proposed use,
the complexity of the review, and the laws in effect at the time the request for extension is
made. (Added 10-3-01)
(§ 31.2.4.2.2,6-]9-96; Ord. 01-18(6), 10-3-01)
18-31-4
Zoning Supplement #16,10-3-01
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equipment above and below the surface of the ground used in connection with such process.
Natural resource extraction as defined herein shall not be deemed to include: exploratory activities
designed to detennine the presence of coal, petroleum, natural gas, soil, sand, gravel, ore, or other
minerals, including but not limited to, excavation, drilling, boring or core boring; the drilling or
boring of wells for the purpose of obtaining water; nor the removal of soil and other related
material as necessary to establish another permitted use upon the same site. (Amended 7-6-83)
Nonconforming lot: The term ''nonconfonning lot" means a lawful lot of record existing on the
effective date of the zoning regulations applicable to the district in which the lot is located, that
does not comply wit the minimum applicable size or other lot requirements of that zoning district.
(Added 6-14-00)
Nonconforming Structure: The tenn ''nonconfonning structure" means a lawful structure existing
on the effective date of the zoning regulations applicable to the district in which the structure is
located, that does not comply with the minimum applicable bulk, height, setback, floor area or
other structure requirements of that zoning district. (Amended 6-14-00)
Nonconforming Use: The tenn ''nonconfonning use" means a lawful principal use of the lot
existing on the effective date of the zoning regulations applicable to the district in which the use is
located, or a more restricted use, that does not comply with the applicable use regulations of that
zoning district. A nonconfonning use may have accessory uses, but an accessory use shall not be
eligible to be a nonconforming use. A use that is seasonal on the effective date of this chapter
shall be eligible to be a nonconfonning use. A use that is casual, intermittent, or temporary on the
effective date of this chapter shall not be eligible to be a nonconfonning use. (Amended 6-14-00)
Non-tidal wetland: A wetland, other than a tidal wetland, that is inundated or saturated by surface
or groundwater at a ftequency and duration to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions as defined
by the United States Environmental Protection Agency pursuant to section 404 of the federal
Clean Water Act, in 33 C.F.R. § 328.3(b). (Added 3-19-03)
Nursery: See "Day Care, etc."
Nursery School: See "Day Care, etc."
. Offlce: A room. of group of rooms used for conducting the affairs of a business, profession,
service industry, orgovemment The uses identified in this chapter as "administrative office" and
''professional office" are offices. (Added 10-3-0 I)
Off-Street Parking Area: Space provided for vehicular parking outside of any public street right-
of-way.
Open Space: Land or water left in undisturbed natural condition and unoccupied by building lots,
structures, streets, or parking lots except as otherwise specifically provided in section 4.7.
Outdoor Amphitheater: A pennanent structure, whether open or enclosed, including a stage and
tiered and/or sloped seating. (Added 10-9-96)
Parapet: That part of a wall entirely above the roof.
Parking structure: A multi-storied structure located wholly or partly above grade and designed for
the purpose of garaging vehicles. A parking structure may be incorporated into one or more
structures containing commercial or residential uses. (Added 2-5-03)
18-3-11
Zoning Supplement #26, 3-19-03
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Laboratory, Pharmaceutical: A building or part thereof devoted to the testing, analysis andlor
compotmding of drugs and chemicals for ethical medicine or surgery, not involving sale directly to
the public. (Added 6-10-92)
Livestock: Domestic animals normally raised on a farm such as draft horses, cows, swine, goats,
sheep.
Lot: A parcel of land either shown on a plat of record or described by metes and bounds or other
legal description.
Lot, Corner.' A Jot abutting on two (2) or more streets at their intersection. The tront of a comer
lot shall be deemed to be the shortest of the sides fronting on streets except where existing
development of such lot shall already have defined the front of such lot.
Lot, Interior.' Any lot other than a comer lot.
Lot, Width qf: The average horizontal distance between side lot lines.
Lot of record: The term "lot of record" means a lot shown on a subdivision plat or other lawfu]
plat or ]egal description which is lawfully recorded in the Clerk's Office of the Circuit Court of
A]bemarle County, Virginia. (Amended 6-14-00)
Mamifacture or manufacturing: The transformation of materials into an article or a product of
substantially different character or use. (Amended] 0-3-0])
Manufactured home: A structure subject to federal regulation which is transportable in one or
more sections; is eight (8) body feet or more in width and forty (40) body feet or more in length in
the traveling mode, or is three hundred twenty (320) or more square feet when erected on site; is
built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a
permanent foundation, when connected to the required utilities; and includes the plumbing,
heating, air-conditioning, and electrical systems contained in the structure. The structure and use
identified in this chapter as "mobile home" is a manufactured home. (Added 10-3-01)
Medical Cehter: Establishment wherein medical care is provided on an outpatient basis as
distinguished frOOt a hospital or a professional office.
Mobile Home: (Amended 3-5-86; 11-] ]-92; Repealed 1O-3-0I)
Mobile Home Lot: An area of land for the placement of a single mobile home and for the
exclusive use of its occupants.
Mobile Home Park: One (I) or more contiguous parcels of land in which three (3) or more rental
lots are provided for mobile homes. (Amended 3- 5-86)
Mobile Home Subdivision: A subdivision of land for the purpose of providing lots for sale for
mobile homes.
Monastery: See "Convent." (Added ] -1-87)
Museum: An establishment devoted to the procurement, care, study and display of objects of
lasting value or interest. (Added 10-3-01)
Natural Resource Extraction: The process by which coal petroleum, natural gas, soil, sand,
gravel, ore, or other minerals is removed ITom any open pit, borings or any other underground
workings and produced for sale, exchange or commercial use or otherwise removed trom the site,
and all shafts, slopes, drifts or inclines leading thereto and including all buildings, structures and
18-3- 10
Zoning Supplement #26, 3-19-03
ALBEMARLE COUNTY CODE
31.2.4.3 CONDITIONS
The board of supervisors may impose upon any such permit such conditions relating to the use for
which such permit is granted as it may deem necessary in the public interest and may require a
bond with surety or other approved security to ensure that the conditions so imposed shall be
complied with. Such conditions shall relate to the purposes of this ordinance, including, but not
limited to, the prevention of smoke, dust, noise, traffic congestion, flood and/or other hazardous,
deleterious or otherwise undesirable substance or condition; the provision of adequate police and
fire protection, transportation, water, sewerage, drainage, recreation, landscaping and/or screening
or buffering; the establishment of special requirements relating to the building setbacks, front, side
and rear yards, off-street parking, ingress and egress, hours of operation, outside storage of
materials, duration and intensity of use, building height and/or other particular aspects of
occupancy or use. Except as the board of supervisors may otherwise specifically provide in a
particular case, any condition imposed under the authority of this section shall be deemed to be
essential to and nonseverable from the issuance of the permit itself. (Amended 10-3-01)
(§ 31.2.4.3,12-10-80; Ord. 01-18(6),10-3-01)
31.2.4.4 REVOCATION
Any special use permit issued pursuant to this chapter may be revoked by the board of supervisors,
after notice and hearing pursuant to Virginia Code § 15.2-2204, for willful noncompliance with
this chapter or any conditions imposed under the authority of section 31.2.4.3, If the use, structure
or activity for which a special use permit is issued is not commenced within twenty-four (24)
months after the permit is issued, the permit shall be deemed abandoned and the authority granted
thereunder shalt thereupon terminate, For purposes of this section, if the use authorized by the
permit requires the construction of one or more structures, the term "commenced" means starting
the lawful physical construction of any structure necessary to the use authorized by the permit
. within twenty-four (24) months after the permit is issued. The board of supervisors may, as a
condition of approval, impose an alternative period in which to commence the use, structure or
activity as may be reasonable in a particular case. A determination that a permittee has
commenced a use, structure or activity under this section is not a determination that the permittee
has acquired a vested right under Virginia Code § 15.2-2307. (Amended 10-3-01)
(§ 31.2.4.4,12-10-80; Ord. 01-18(6),10-3-01)
31.2.4.5 (Repealed 9-21-88)
31.2.5 REVIEW OF PUBLIC USES FOR COMPLIANCE WITH THE COMPREHENSIVE PLAN
No street, park or other public area, or public structure, or public utility, public building or public
service corporation other than railroads, whether publicly or privately owned, shall be constructed,
established or authorized, unless and until the general location or approximate location, character
and extent thereof has been submitted to and approved by the commission as being substantially in
accord with the adopted comprehensive plan or part thereof. In connection with any such
determination, the commission may establish such conditions of approval as deemed necessary to
insure compliance with the comprehensive plan.
Widening, narrowing, extension, enlargement, vacation or change of use of streets or public areas
shalt likewise be submitted for approval, but paving, repair, reconstruction, improvement, drainage
or similar work and normal service extensions of public utilities or public service corporations
shall not require approval unless involving a change in location or extent of a street or public area.
The foregoing notwithstanding, the provisions of section 15.2-2232 of the Code shall apply to any
such review.
18-31-5
Zoning Supplement # 16, 0-3-0 I
RECEIVED AT BOS MEETING
Date: ì - (Lf () l./
Agenda Item #: Î
Olerk.. 'nitîals: S L ¡
ABORTION PROVIDER ORDINANCE
WHEREAS, abortion provider businesses require special supervision in order to protect and preserve the
health, safety, and welfare of the patrons of such businesses as well as the citizens of the communities
where they locate, and
WHEREAS, the Board of Supervisors finds that abortion provider businesses are frequently points of
demonstrations, picketing; and protests; that persons who provide abortions have often been persons
without the proper medical credentials; that the provision of abortions to underage persons is a high
priority public policy issue; and the concern over the disposal of the bodies resulting from the termination
of pregnancies and other medical waste is a legitimate health concern of the city that demands reasonable
regulation of abortion provider businesses in order to protect the health and well-being of the citizens; and
WHEREAS, licensing is a legitimate means of accountability to ensure that operators of abortion
provider businesses comply with reasonable regulations, and to ensure that operators do not allow their
establishments to be used as places of illegal medical activity; and
WHEREAS, it is recognized that abortion provider businesses, due to their nature, have serious
objectionable operational characteristics, particularly when they are located in proximity to churches and
schools, thereby downgrading the quality of life in the adjacent area; and
WHEREAS, the Board of Supervisors wants to prevent these adverse effects and thereby protect the
health, safety and welfare of the citizenry; protect the citizens from increased medical malpractice;
preserve the quality of life; preserve the property values and character of surrounding neighborhoods and
deter the illegal provision of abortions to minors from other jurisdictions; and
WHEREAS, it is not the intent of this ordinance to suppress any reproductive activities protected by law,
but to enact a content neutral ordinance that addresses the secondary effects of abortion provider
businesses as well as the health and social problems associated with such businesses; and
WHEREAS, it is not the intent of the Board of Supervisors to condone or legitimize the distribution of
birth control materials to minors without parents' consent:, and the Board of Supervisors recognizes that
state and federal law generally prohibits the provision of abortions and birth control materials to minors
without the consent of their parents and expects and encourages state enforcement officials to enforce
state and federal statutes against any such illegal activities in the County of Albemarle, Commonwealth of
Virginia; and
WHEREAS, it is not the intent of the Board of Supervisors to condone or legitimize the provision of
abortions by persons who do not have the appropriate medical licenses or whose licenses have been
revoked or suspended, and the Board of Supervisors recognizes that state law generally prohibits the
provision of abortions by unlicensed persons and expects and encourages state enforcement officials to
enforce state statutes against any such illegal activities in the County of Albemarle, Commonwealth of
Virginia.
SECTION I. Puroose and FindiD~S.
(A) Purpose. It is the purpose of this ordinance to regulate abortion provider businesses and related
activities to promote the health, safety, and general welfare of the citizens of the County, and to establish
reasonable and unifonn regulations to prevent the deleterious location of abortion provider businesses
within the County. The provisions of this ordinance have neither the purpose nor effect óf imposing a
limitation or restriction on the content of any reproductive activities, including birth control materials and
abortions.
(B) Findings. Based on evidence concerning the adverse secondary effects of abortion providers on the
community presented in reports made available to the Board of Supervisors, and on findings incorporated
in statistics obtained from the U.S. Department of Health and Hwnan Services, Centers for Disease
Control and Prevention, the Board of Supervisors finds that:
(1) Abortion provider businesses lend themselves to unlicensed unlawful and unhealthy
activities that are presently uncontrolled by the operators of the establishments.
Further, there is presently no mechanism to make owners of these establishments
responsible for the activities that occur on their premises.
(2) There is no current existing statewide regulation of abortion provider businesses.
(3) Persons frequent certain abortion provider businesses for the purpose of obtaining
abortions for minors without the consent ofthe parents.
(4) These findings raise substantial governmental concerns.
(5) Abortion provider businesses have operational characteristics which should be
reasonably regulated in order to protect those substantial governmental concerns.
(6) A reasonable licensing procedure is an appropriate mechanism to place the burden of
that reasonable regulation on the owners and the operators of the abortion provider
businesses. Further, such a licensing procedure will place a heretofore non-existent
incentive on the operators to see that the abortion provider business is run in a
manner consistent with the health, safety, and welfare of its patrons and employees,
as well as the citizens of the County. It is appropriate to require reasonable
assurances that the licensee is the actual operator of the abortion provider business,
fully in possession and control of the premises and activities occurring therein.
(7) The disclosure of certain information by those persons ultimately responsible for the
day-to-day operation and maintenance of the abortion provider business, where such
.infonnation is substantially related to the significant governmental interest in the
operation of such uses, will aid in preventing the provision of abortions to minors
without the appropriate consent being given for the abortions.
(8) It is desirable in the prevention of malpractice to obtain a limited amount of
information regarding certain employees who may engage in the conduct this
ordinance is designed to prevent or who are likely to be witnesses to such activity.
(9) The fact that an applicant for an abortion provider business license has been
convicted of a health-related crime or other criminal activity leads to the rational
assumption that the applicant may engage in that conduct in contravention to this
ordinance.
(10) The barring of such individuals from operation or employment in abortion provider
businesses for a period often (10) years for a previous felony conviction serves as a
deterrent to and prevents conduct which leads to the illegal abortions, illegal
provision of birth control materials and prescription fraud.
(11) The general welfare, health, morals, and safety of the citizens of this City will be
promoted by the enactment of this ordinance.
SECTION II. Definitions.
(1) DIRECTOR means the chief zoning administrator as he may designate to perfonn the duties of
the director under this ordinance.
(2) EMPLOYEE means a person who perfonns any service on the premises of an abortion provider
business on a fun time, part time, contract basis, or independent basis, whether or not the person
is denominated an employee, independent contractor, agent, or otherwise, and whether or not the
said person is paid a salary, wage, or other compensation by the operator of said business.
"Employee" does not include a person exclusively on the premises for repair or maintenance of
the premises or equipment on the premises, or for the delivery of goods to the premises, nor does
"employee" include a person exclusively on the premises as a patron or customer.
(3) ESTABLISHMENT means and includes any of the following:
(A) the opening or commencement of any abortion provider business as a new
business;
(B) the conversion of an existing business, whether or not an abortion provider
business, to any abortion provider business;
(C) the additions of any abortion provider business to any other existing sexually
oriented business; or
(D) the relocation of any abortion provider business; or
(E) an abortion provider business or premises on which the abortion provider
business is located.
(4) LICENSED DAY-CARE CENTER means a facility, whether situated within the County or not,
that provides care, training, education, custody, treatment or supervision for more than twelve
(12) children under fourteen (14) years of age, where such children are not related by blood,
marriage or adoption to the owner or operator of the facility, for less than twenty-four (24) hours
a day, regardless of whether or not the facility is operated for a profit or charges for the services it
offers
(5) LICENSEE means a person in whose name a license has been issued, as well as the individual
listed as an applicant on the application for a lìcense.
(6) PERSON means an individual, proprietorship, partnership, corporation, association, or other legal
entity .
(7) PREMISES means the real property upon which the abortion provider business is located, and all
appurtenances thereto and buildings thereon, including, but not limited to, the abortion provider
business, the grounds, private walkways, and parking lots and/or parking garages adjacent
thereto, under the ownership, control, or supervision of the licensee, as described in the
application for a business license pursuant to Section IV of this ordinance;
2
(8) ABORTION PROVIDER BUSINESS means a facility in which more than two (2) or more
abortions are perfonncd in a twelve-month period.
(9) CRIMINAL ACTNITY means any of the following offenses:
(A) criminal activity for which:
(1) less than five (5) years have elapsed since the date of conviction or
the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdexneanor
offense;
(2) less than ten (10) years have elapsed since the date of conviction or
the date of release from confinement ÙllpOSed for the conviction,
whichever is the later date, if the conviction is of a felony offense;
(3) less than ten (10) years have elapsed since the date of the last
conviction or the date of release from confinement ÙllpOSed for the
last conviction, whichever is the later date, if the convictions are of
two or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any twenty-four (24) month period.
(C) The fact that a conVlchon is being appealed shall have no effect on the
disqualification of the applicant or a person residing with the applicant.
(10) SUBSTANTIAL ENLARGEMENT of an abortion provider business means the increase
in floor areas occupied by the business by more than twenty-five (25%) percent, as the floor areas
exist on January 31 S\ 2004.
(11) TRANSFER OF OWNERSHIP OR CONTROL of an abortion provider means and
includes any of the following:
(A) the sale, lease, or sublease of the business;
(B) the transfer of securities that form a controlling interest in the business, whether by sale,
exchange, or siInilar means; or
(C) the establishment of a trust, gift, or other similar legal device that transfers the ownership
or control of the business, except for transfer by bequest or other operation of law upon
the death of the person possessing the ownership or control.
SECTION III. License ReQuired.
(A) It shall be unlawful:
(1) For any person to operate an abortion provider business without a valid abortion
provider business license issued by the Director pursuant to this ordinance;
(2) For any person who operates an abortion provider business to employ a person to
work and/or perform services on the premises of the abortion provider business, if
such employee is not in possession of a valid abortion provider business employee
license issued to such employee by the Director pursuant to this ordinance;
(3) For any person to obtain emploYITlel1t with a abortion provider business if such
person is not in possession of a valid abortion provider business employee license
issued to such person by the Director pursuant to this ordinance.
(4) It shall be a defense to subsections (2) and (3) of this Section if the employment is of
limited duration and for the sole purpose of repair and/or maintenance of machinery,
equipment, or the premises.
Violation of any provision within this Subsection shall constitute a misdemeanor.
(B) An application for a abortion provider business license must be made on a form provided by the
Board of Supervisors. The application must be accompanied by a sketch or a diagram showing the
configuration of the premises, including a statement of total floor space occupied by the business. The
sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn
with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Prior to
issuance of a license, the premises must be inspected by the health departInent, fire department, building
departInent, and zoning department.
(C)An application for a abortion provider business employee license must be made on a form provided by
the Board of Supervisors.
(D) All applicants for a license must be qualified according to the provisions of this ordinance. The
application may request, and the applicant shall provide, such infonnation (including fingerprints) as to
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enable the County to detennine whether the applicant meets the qualifications established under this
ordinance. The applicant has an affinnative duty to supplement an application with new information
received subsequent to the date the application was deemed completed.
(E) If a person who wishes to own or operate an abortion provider business is an individual, he must sign
the application for a business license as applicant. If a person who wishes to operate a abortion provider
business is other than an individual, each individual who has a ten (10%) percent or greater interest in the
business must sign the application for a business license as applicant. If a corporation is listed as owner of
a abortion provider business or as the entity that wishes to operate such a business, each individual having
a ten (10%) percent or greater interest in the corporation must sign the application for a business license
as applicant.
(F) Applications for a business license, whether original or renewal, must be made to the Director by the
intended operator of the enterprise. Applications must be submitted to the office of the Director or the
Director's dL'Signee during regular working hours. Application forms shall be supplied by the Director.
The following infonnation shall be provided on the application form:
(1) The name, street address (and mailing address if different) of the applicant(s);
(2) A recent photograph of the applicant(s);
(3) The applicant's driver's license number, Social Security number, and/or hisJher state or
federally issued tax identification number;
(4) The name under which the establishment is to be operated and a general description of the
services to be provided;
(a) If the applicant intends to operate the abortion provider business
under a name other than that of the applicant; he or she must state 1) the
abortion provider business's fictitious name and 2) submit the required
registration documents;
(5) Whether the applicant, or a person residing with the applicant, has been convicted, or
is awaiting trial on pending charges, of a "specified criminal activity" as defined in
Section II, subsection (22), and, if so, the "specified criminal activity" involved, the
date, place, and jurisdiction of each;
(6) Whether the applicant, or a person residing with the applicant, has had a previous
license under any healthcare statute or regulation or abortion provider business
ordinance from another city or county denied, suspended or revoked, including the
name and location of the healthcare or abortion provider business for which the
business license was denied, suspended or revoked, as well as the date of the denial,
suspension or revocation, and whether the applicant or a person residing with the
applicant is or has been a partner in a partnership or an officer, director or principal
stockholder of a corporation that is or was licensed under a healthcare or abortion
provider business ordinance whose business license has previously been denied,
suspended or revoked, including the name and location of the healthcare or abortion
provider business for which the business license was denied, suspended or revoked as
well as the date of denial, suspension or revocation;
(7) Whether the applicant or a person residing with the applicant holds any other licenses
for health care or abortion provider business ordinance from another state, city or
county and, if so, the names and locations of such other licensed businesses;
(8) The telephone number of the establishment;
(9) The address, and legal description of the tract of land on which the establishment is
to be located;
(10) If the establishment is in operation, the date on which the owner(s) acquireØ. the
establishment for which the business license is sought, and the date on which the
establishment began operations as a abortion provider business at the location for
which the business license is sought;
(11) If the establishment is not in operation, the expected startup date (which shall be
expressed in number of days from the date of issuance of the business license). If the
expected startup date is to be more than ten (10) days following the date of issuance
of the business license, then a detailed explanation of the construction, repair or
remodeling work or other cause of the expected delay and a statement of the owner's
time schedule and plan for accomplishing the same.
(G) Each application for a business license shall be accompanied by the following:
(1) Payment of the application fee in full;
(2) If the establishment is a Virginia legal entity, a certified copy of the documents
establishing it as a legal entity, together with all amendments thereto;
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(3) If the establishment is a foreign legal entity, a certified copy of the certificate
of authority to transact business in this state, together with all amendmt.'11ts
thereto;
(4) Proof of the current fee ownership of the tract of land on which the
establishment is to be situated in the form of a copy of the recorded deed;
(5) If the persons identified as the fee owner(s) of the tract of land in item (4) are
not also the owners of the establishment, then the lease, purchase contract,
purchase option contract, lease option contract or other document(s) evidencing
the legally enforceable right of the owners or proposed owners of the
establishment to have or obtain the use and possession of the tract or portion
thereof that is to be used for the establishment for the purpose of the operation
of the establishment;
(6) A current certificate and straight-line drawing prepared within thirty (30) days
prior to application by a registered land surveyor depicting the property lines
and the structures containing any existing abortion provider businesses within
1,000 feet of the property to be certified; the property lines of any established
religious institution/synagogue, school, public park or recreation area, or
family-oriented entertainment business within 1,500 feet of the property to be
certified. For purposes of this Section, a use shall be considered existing or
established if it is in existence at the time an application is submitted;
(7) Any of items (2) through (6), above shall not be required for a renewal
application if the applicant states that the documents previously furnished the
Director with the original application or previous renewals thereof remain
correct and current.
(H) Applications for an employee license to work and/or perform services in an abortion provider
business, whether original or renewal, must be made to the Director by the person to whom the employee
license shall issue. Each application for an employee license shall be accompanied by payment of the
application fee in full. Application forms shall be supplied by the Director. Applications must be
submitted to the office of the Director or the Director's designee during regular working hours. Each
applicant shall be required to give the following information on the application form:
(1) The applicant's given name, and any other names by which the applicant is or has
been known, including "stage" names and/or aliases;
(2) Age, and date and place of birth;
(3) Height, weight, hair color, and eye color;
(4) Present residence address and telephone number;
(5) Present business address and telephone number;
(6) Date, issuing state, and number of photo driver's license, or other state issued
identification card infonnation;
(7) Social Security Number; and
(8) Proof that the individual is at least eighteen (I 8) years old.
(I) Attached to the application form for a license shall be the following:
(1) A color photograph of the applicant clearly showing the applicant's face, and the
applicant's fingerprints on a form provided by the police department. Any fees for the
photographs and fingerprints shall be paid by the applicant.
(2) A statement detailing the license history of the applicant for the five (5) years
immediately preceding the date of the filing of the application, including whether
such applicant, in this or any other city, county, state, or country, has ever had any
license, permit, or authorization to do business denied, revoked, or suspended, or had
any professional or vocational license or permit denied, revoked, or suspended. In the
event of any such denial, revocation, or suspension, state the name(s) under which
the license was sought and/or issued, the name(s) of the issuing or denying
jurisdiction, and describe in full the rcason(s) for the denial, revocation, or
suspension. A copy of any order of denial, revocation, or suspension shall be attached
to the application.
(3) A statement whether the applicant has been convicted, or is awaiting trial on pending
charges, of criminal activity and, if so, the criminal activity involved, the date, place
and jurisdiction of each.
(1) Every application for a license shall contain a statement under oath that:
(1) The applicant has personal knowledge of the information contained in the
application, and that the information contained therein and furnished therewith is true
and correct; and,
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(2) The applicant has read the provisions of this article.
(K) A separate application and business license shall be required for each abortion provider business.
The fact that a person possesses other types of state or city permits and/or licenses does not exempt him
from the requirement of obtaining a abortion provider business or employee license.
SECTION IV. Issuance of License.
(A) Upon the filing of an application for a abortion provider employee license, the Director shall issue a
temporary license to said applicant. The application shall then be referred to the appropriate city
departments for investigation to be made on the information contained in the application. The application
process shall be completed within thirty (30) days from the date of the completed application. After the
investigation, the Director shall issue an employee license, unless it is determined by a preponderance of
the evidence that one or more of the following findings is true:
(1) The applicant has failed to provide the information reasonably necessary for issuance
of the license or has falsely answered a question or request for information on the
application form;
(2) The applicant is under the age of eighteen (18) years;
(3) The applicant has been convicted of a felony or a Class I misdemeanor within the
past year;
(4) The abortion provider business employee license is to be used for employment in a
business, vocation or profession prohibited either generally or for that person
specifically by local or state law, statute, rule, or regulation, or prohibited by a
particular provision of this ordinance; or
(5) The applicant has had an abortion provider business employee license revoked by the
County within two (2) years of the date of the current application; or
(6) The applicant has had a health care license or certification revoked or suspended by
any licensing or regulatory authority within ten (10) years of the date of the current
application.
If the abortion provider business employee license is denied, the temporary license previously issued is
immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this
subsection shall be subject to appeal as forth in subsection (I) of this Section.
(B) A license issued pursuant to subsection (A) of this Section, if granted, shall state on its face the name
of the person to whom it is granted, the expiration date, and the address of the abortion provider business.
The employee shall keep the license on his or her person at all times while engaged in employment or
performing services on the abortion provider business premises so that said license may be available for
inspection upon lawful request.
(C) A license issued pursuant to subsection (A) of this Section shall be subject to annual renewal upon the
written application of the applicant and a finding by the Director that the applicant has not been convicted
of any criminal activity as mentioned in this ordinance, or committed any act during the existence of the
previous license which would be grounds to deny the initial license application. The decision whether to
renew a license shall be made within thirty (30) days of the completed application. The renewal of a
license shall be subject to the fee as set forth in Section VI. Non-renewal of a license shall be subject to
appeal as set forth in subsection (1.) of this Section.
(D) If application is made for a abortion provider business license, the Director shall approve or deny
issuance of the license within forty-five (45) days of receipt of the completed application. 'The Director
shall issue a license to an applicant unless it is determined by a preponderance of the evidence that one or
more of the following findings is true:
(I) An applicant has failed to provide the information reasonably necessary for issuance
of the license or has falsely answered a question or request for information on the
application form;
(2) An applicant is under the age of eighteen (18) years;
(3) An applicant or a person with whom the applicant is residing has been denied a
license by the City to operate an abortion provider business within the preceding
twelve (12) months, or whose license to operate a abortion provider business has
been revoked within the preceding twelve (12) months;
(4) An applicant or a person with whom the applicant is residing is overdue in payment
to the City in ta.xes, fees, fines, or penalties assessed against or imposed upon himlher
in relation to any business;
(5) An applicant has been convicted of a criminal activity as mentioned above;
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(6) An applicant or a person with whom the applicant is residing has had an abortion
provider business employee license revoked by the County within two (2) years of
the date of the current application; Of
(7) An applicant has had a health care license or certification revoked or suspended by
any licensing or regulatory authority within ten (10) years of the date of the current
application.
(8) The premises to be used for the abortion provider business have not been approved
by the health department, fire department, and the building department as being in
compliance with applicable laws and ordinances governing hospitals;
(9) The lìcense fee required under this ordinance has not been paid;
(10) An applicant of the proposed establishment is in violation of or IS not 10
compliance with one or more of the provisions of this ordinance.
(E) A license issued pursuant to subsection (D) of this Section, if granted. shall state on its face the name
of the person or persons to whom it is granted, the expiration date, and the address of the abortion
provider business for which the license is issued. The license shall be posted in a conspicuous place at or
near the entránce to the abortion provider business so that it may be easily read at any time.
(F) The health department, fire department, building department and zoning department shall complete
their certification that the premises are in compliance or not in compliance within thirty (30) days of
receipt of the completed application by the Director. The certification shall be promptly presented to the
Director.
(G) A abortion provider business license shall issue for only one location.
(H) In the event that the Director determines that an applicant is not eligible for a abortion provider
business license, the applicant shall be given notice in writing of the reasons for the denial within forty
five (45) days of the receipt of the completed application by the Director, provided that the applicant may
request, in writing at any time before the notice is issued, that such period be extended for an additional
period of not more than ten (10) days in order to make modifications necessary to comply with this
ordinance.
(I) An applicant may appeal the decision of the Director regarding a denial to the Board of Zoning
Appeals by filing a written notice of appeal within thirty (30) days after service of notice upon the
applicant of the Director's decision. The notice of appeal shall be accompanied by a memorandum or
other writing setting out fully the grounds for such appeal and all arguments in support thereof. The
Director may, within fifteen (15) days of service upon him of the applicant's memorandum, submit a
memorandum in response to the memorandum filed by the applicant on appeal to the Board of Zoning
Appeals. After reviewing such memoranda, as well as the Director's written decision, if any, and exhibits
submitted to the Director, the Board of Zoning Appeals shall vote either to uphold or overrule the
Director's decision. Such vote shall be taken within twenty-one (21) calendar days after the date on which
the the notice of appeal is received. However, all parties shall be required to comply with the Director's
decision during the pendency of the appeal.
(J) A license issued pursuant to subsection (D) of this Section shall be subject to annual renewal upon the
written application of the applicant and a finding by the Director that the applicant has not been convicted
of any criminal activity as defined in this ordinance, or committed any act during the existence of the
previous license which would be grounds to deny the initial license application. The decision whether to
renew a license shall be made within forty-five (45) days of the completed application. The renewal of a
license shall be subject to the fee as set forth in Section VI.
SECTION V. Fees.
The annual fee for a abortion provider business license, whether new or renewal, is One Thousand Five
Hundred ($1,500.00) Dollars. The annual fee for an abortion provider business employee license, whether
new or renewal, is Seven Hundred Fifty ($750.00) Dollars. These fees are to be used to pay for the cost of
the administration and enforcement of this ordinance.
SECTION VI. Insoection.
(A) An applicant or licensee shall pennit representatives of the Police Department, Health Department,
Fire Department, Building Department, or other county or state departments or agencies to inspect the
premises of an abortion provider business for the purpose of insuring compliance with the law, at any
time it is open for business.
(B) A person who operates an abortion provider business or his agent or employee commits a
misdemeanor ifhe/she refuses to promptly peonit such lawful inspection of the premises.
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SECTION VII. Exoiration of License.
(A) Each license shall expire one year ftom the date of issuance and may be renewed only by making
application as provided in Section IV. Application for renewal should be made at least thirty (30) days
before the expiration date; when made less than forty-five (45) days before the expiration date, the
expiration of the license will not be affected.
(B) When the Director denies renewal of a license, the applicant shall not be issued a license for one year
from the date of denial.
SECTION VIII. Suspension.
The Director shall suspend a license for a period not to exceed thirty (30) days if he determines that
licensee or an employee of licensee has:
(1) violated or is not in compliance with any section of this ordinance;
(2) operated or performed services in an abortion provider business while intoxicated by the use of
alcoholic beverages or controlled substances;
(3) refused to allow prompt inspection of the abortion provider business premises as authorized by
this ordinance;
(4) permitted any person to have patient contact who is not licensed by the appropriate health care
agency for that level of patient contact.
SECTION IX. Revocation.
(A) The Director shall revoke a license if a cause of suspension in Section IX occurs and the license has
been suspended within the proceeding twelve (12) months.
(B) The Director shall revoke a license if he determines that:
(1) a licensee gave false or nùsleading information in the material submitted during the
application process;
(2) a licensee, or a person with whom the licensee is residing, was convicted of a criminal
activity on a charge that was pending prior to the issuance of the license;
(3) a licensee has, with knowledge, permitted the possession, use, or sale of controlled
substances on the premises;
(4) a licensee has, with knowledge, permitted the sale, use, or consumption of alcoholic
beverages on the premises;
(5) a licensee has, with knowledge, penl1itted the illegal dissemination of prescription
drugs on the premises;
(6) a licensee has, with knowledge, permitted the performance of abortions on a minor
without the parents' or court's permission;
(7) a licensee has, with knowledge, permitted the performance of abortions with the
assistance of any person who is not licensed by the appropriate health care agency
for that level of patient contact;
(8) a licensee has, with knowledge, operated the abortion provider business during a
period of time when the licensee's license was suspended;
(9) a licensee is delinquent in payment to the COlillty or State for any ta.xes or fees;
(lO)a licensee has, with knowledge, permitted a person under eighteen (18) years of age
to enter the establishment without parental or court permission; or .
(11)a licensee has attempted to sell his business license, or has sold" assigned, or
transferred ownership or control of the abortion provider business to a non-licensee;
(12)A licensee has, with knowledge, permitted an unlicensed person or persons to engage
in abortion provider activities on the premises of the abortion provider business.
(C) When the Director revokes a license, the revocation shall continue for one (1) year, and the licensee
shall not be issued an abortion provider license for one (I) year from the date revocation became
effective.
SECTION X. Judicial Review.
After denial of an initial or renewal application by the Director and Board of Supervisors, or suspension
or revocation of a license by the Director, the applicant or licensee may seek prompt judicial review of
8
such administrative action in any court of competent jurisdiction. The administrative action shall be
promptly reviewed by the court.
SECTION XI. No Transfer of License.
A licensee shall not transfer his/her license to another, nor shall a licensee operate an abortion provider
business under the authority of a license at any place other than the address designated in the application.
SECTION XII. Location Restrictions.
Abortion provider businesses shall be permitted in any district in which hospitals are permitted provided
that:
(A) An abortion provider business may not be operated within:
(1) 1,500 feet of a church, synagogue or regular place of religious worship;
(2) 1,500 feet of a public or private elementary or secondary schoot
(3) 1,500 feet of a boundary of any residential district;
(4) 1,500 feet of a public park;
(5) 1,500 feet of a licensed day-care center; or
(6) 1,500 feet of an entertainment business that is oriented primarily towards children or
family entertainment; or
(B) For the purpose of this ordinance, measurement shall be made in a straight line, without regard to
intervening structures or objects, from the nearest portion of the building or structure used as a part of the
prenùses where an abortion provider business is conducted, to the nearest property line of the premises of
a church, synagogue, regular place of worship, or public or private elementary or secondary school, or to
the nearest boundary of an affected public park, residential district, or residential lot, or licensed day care
center, or child or family entertainment business.
SECTION XIII. Non-Conformin2 Uses; Amortization.
(A) Any business lawfully operating on the effective date of this ordinance that is in violation of the
locational or structural configuration requirements of this ordinance shall be deemed a non-conforming
use. The non-conforming use will be permitted to continue for a period not to exceed two years, unless
sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such
non-conforming uses shall not be increased, enlarged, extended or altered except that the use may be
changed to a conforming use.
(B) An abortion provider business lawfully operating as a conforming use is not rendered a non-
conforming use by the location, subsequent to the grant or renewal of the abortion provider business
license, of a church, synagogue, or regular place of religious worship, public or private elementary or
secondary school, licensed day-care center, public park, residential district, or child or family
entertainment business within one thousand, five hundred (1,500) feet of the abortion provider business.
This provision applies only to the renewal of a valid business license, and does not apply when an
application for a business license is subnùtted after a business license has expired or has been r-evoked.
SECTION XIV. Exterior Portions of Abortion Provider Businesses.
(A) It shall be unlawful for an owner or operator of an abortion provider business to allow the activities of
the establishment to be visible from a point outside the establishment.
(B) It shall be unlawful for the owner or operator of a abortion provider business to allow the exterior
portion of the abortion provider business to have flashing lights, or any words, lettering, photographs,
silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by the
provisions of this ordinance.
(C) A violation of any provision of this Section shall constitute a misdemeanor.
SECTION XV. SÍf!Da2e.
9
(A) Notwithstanding any other city ordinance, code, or regulation to the contrary, it shall ~ ~awful ~or
the operator of any abortion provider business or any other person to erect, construct, or mamtam ~y SIgn
for the abortion provider business other than the one (1) primary sign and one (1) secondary SIgn, as
provided herein.
(B) Primary signs shall have no more than two (2) display surfaces. Each such display surface shall:
(1) not contain any flashing lights;
(2) be a flat plane, ·rectangular in shape;
(3) not exceed seventy-five (75) square feet in area; and
(4) not exceed ten (10) feet in height or ten (10) feet in length.
(C) Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations in any
manner, and may contain oIÙY the name of the enterprise.
(D) Each letter fonning a word on a primary sign shall be of solid color, and each such letter shall be the
same print -type, size and color. The backgrow1d behind such lettering on the display surface of a primary
sign shall be of a unifonn and solid color.
(E) Secondary signs shall have OIÙy one (1) display surface. Such display surface shall:
(1) be a flat plane, rectangular in shape;
(2) not exceed twenty (20) square feet in area;
(3) not exceed five (5) feet in height and four (4) feet in width; and
(4) be affixed or attached to any wall or door of the enterprise.
(F) The provisions of item (1) of subsection (B) and subsection (C) and (D) shall also apply to secondary
Signs.
(0) Violation of any provision of this Section shall constitute a misdemeanor.
SECTION XVI. Sale. Use. or ConsumDtion of Alcoholic Beverages Prohibited.
(A) The sale, use, or consumption of alcoholic beverages on the premises of an abortion provider business
is prohibited.
(B) Any violation of this Section shall constitute a misdemeanor.
SECTION XVII. Persons Y oUD~er Than Ei2hteen Prohibited From Entry: Attendant Required.
(A) It shall be unlawful to allow a person who is younger than eighteen (18) years of age to enter or be on
the premises of an abortion provider business at any time the abortion provider business is open for
business without the permissjon of the minor's parents or eouct approval.
(B) It shall be the duty of the operator of each abortion provider business to ensure that an attendant is
stationed at each public entrance to the abortion provider business at all times during such abortion
provider businesses' regular business hours. It shall be the duty of the attendant to prohibit any person
under the age of eighteen (18) years from entering the abortion provider business without the permission
of the minor's parents or court approval. It shall be presumed that an attendant knew a person was under
the age of eighteen (18) and without the permission of the minor's parents or court approval unless:
(1) such attendant asked for and was furnished a valid operator's, commercial operator's,
or chauffeur's driver's license, or a valid personal identification certificate issued by
the Commonwealth of Virginia reflecting that such person is eighteen (18) years of
age or older; or
(2) the minor is accompanied by their parent; or
(3) such attendant asked for and was furnished a certified copy of an order pursuant to
Virginia Code § 16.1-24I(V).
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(C) Violation of this Section shall constitute a misdemeanor.
SECTION XIII. Hours ofOoeration
No abortion provider business may remain open at any time between the hours of nine o'clock (9:00)
P.M. and eight o'clock (8:00) A.M. on weekdays, or from nine o'clock (9:00) P.M. Saturdays to twelve
o'clock (12:00) P.M. on Sundays.
SECTION XIX. Notices.
(A) Any notice required or permitted to be given by the Director or any other county office, division,
department or other agency under this ordinance to any applicant, operator or owner of an abortion
provider business may be given either by personal delivery or by certified United States mail, postage
prepaid, return receipt requested., addressed to the most recent address as specified in the application for
the license, or any notice of address change that has been received by the Director. Notices mailed as
above shall be deemed given upon their deposit in the United States mail. In the event that any notice
given by mail is returned by the postal service, the Director or his designee shall cause it to be posted at
the principal entrance to the establishment.
(B) Any notice required or permitted to be given to the Director by any person under this ordinance shall
not be deemed given until and unless it is received in the office of the Director.
(C) It shall be the duty of each owner who is designated on the license application and each operator to
furnish notice to the Director in writing of any change of residence or mailing address.
SECTION XX. Iniunction.
A person who operates or causes to be operated an abortion provider business without a valid business
license or in violation of Section XIII of this ordinance is subject to a suit for injunction as well as
prosecution for criminal violations. Each day an abortion provider business so operates is a separate
offense or violation.
SECTION XXI. Separabilitv.
If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise
invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby.
SECTION XXII. Cont1ictin2 Ordinances Repealed.
All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
SECTION XXIII. Effective Date.
This ordinance shall be enforced from and after
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REMARKS BY J. MICHAEL SHARMAN TO THE ALBEMARLE COUNTY BOARD
OF SUPERVISORS, July 14,2004
Good evening. My name is Mike Shannan and I am an attorney working with the Central
Virginia Family Forum to help them find a regulatory, legislative or judicial remedy to the
proposed use of Planned Parenthood's Hydraulic Road property as a regional abortion hospital.
As Tobey Bouche has already mentioned, the Board of Supervisors carefully considered
the special use application which it had before it for a very low-key mixed office and residential
project. It granted that application with specific conditions based upon the proposed use as a set
of low impact administrative offices.
What then occurred was a pennitting process "bait and switch."
You approved an application for administrative offices with essentially no detrimental
impact on the community, but the property, without ever having been used for that purpose, was
then sold to Planned Parenthood.
Planned Parenthood, in a June 27, 2004 Daily Progress article, said that their intended
uses for the property were:
· To provide office space for its grassroots activist organization;
. To provide pre-natal care;
. To provide adoption services;
· To provide abortions under new proposed state and federal standards which
require the facility to be a hospital.
Your carefully thought out approval for a very low-key and relatively small mixed office
and residential building has now been transmorphed into approval for a full-blown abortion
provider hospital and regional abortion advocacy center.
I'd call that a pennitting process bait and switch.
Some of you have already told concerned citizens that you believe that you have no
ability to affect this type of bait and switch once the initial pennitting process has concluded.
Some of you have pointed to the thirty-day window of appeal to the Board of Zoning
Appeals as the only recourse t~e citizens have for redress of the Zoning Administrator's
decision granting an occupancy pennit for Planned Parenthood's abortion hospital.
Please keep in mind that the general public does not get notice of that stage of the
approval process and so does not know when they should contest it or when their appeal time
begins to run. The applicant gets those notices, but not the general public.
The potential hann to the community from an abortion hospital is vastly greater than the
likely effects from the original real estate and insurance office proposal you approved.
Much of that harm is not commonly known.
In the United States, quantifying a woman's risk of death from abortion is difficult
because of problems both in gathering the data and also in the politics of the concept.
One study which reduced both of those problems is from Finland's National Research and
Development Center for Welfare and Health, known as "ST AKES"¡.
Since Finland has socialized medical care, and is politically neutral on the subject of
abortion, their records are very accurate and complete.
I Gissler, M., et. aI., "Pregnancy-associated deaths in Finland 1987-1994 -- definition problems and benefits of
record linkage," Acta Obsetricia et Gynecolgica Scandinavica 76:651-657 (1997).
ST AKES researchers compared the death certificate records for all women of 15-49 years
old who died between 1987 and 1994 with the national health care database to identifY any
pregnancy-related events for each of these women in the 12 months prior to their deaths.
From this total of9,192 women, the
STAKES researchers identified 281 women
who had died within a year of their last ,_.
pregnancy. The unadjusted mortality rate ..: l
per 100,000 cases was 27 for women who
had given birth, 48 for women who had
miscarriages or ectopic pregnancies, and 1 5
101 for women who had abortions.
Compared to women who carried to I '
term, women who aborted in the year prior -F
to their deaths were 60 percent more likely -
to die of natural causes, seven times more _ _
likely to die of suicide, four times more u~) -
likely to die of injuries related to accidents, -
and 14 times more likely to die from
[I
homicide.
Using the death rate of women who j\ 1J F'rl?gna!1Cl Girth r··,!¡¡scarnw;¡e /\bortion
had not been pregnant as the standard, the
age-adjusted odds ratio of women dying in the year they give birth is half that of women who are
not pregnant, whereas women who have abortions are 76 percent more likely to die in the year
following abortion compared to non-pregnant women. Compared to women who carry to term,
women who undergo an abortion are 3.5 times more likely to die within a year.
Obviously then, abortions have a significant negative health impact on women.
As you mayor mal not be aware, abortion clinics are completely unregulated in Virginia.
In the February 6t , 2004 Culpeper Star-Exponent David Nova, president of the Planned
Parenthood of the Blue Ridge, stated that his organization had opposed the General Assembly's
attempt to regulate abortion clinics because 17 of the 19 abortion clinics in Virginia would have
been unable to make the changes proposed by the regulations. The specific changes which Mr.
Nova and Planned Parenthood opposed were a sink in each operating room, 3-foot wide door
openings and a backup power source.
The Richmond Times-Dispatch on April 18, 2002 reported that the Capital Women's
Health Clinic in Henrico paid Rodger A. Fraser $1,440 to perform 22 abortions in a single day.
At the time he worked for the Capital Women's Health Clinic, Fraser's license to practice
medicine had already been suspended for a botched abortion which had occurred at the
Commonwealth Women's Clinic in Falls Church. The listing of his suspension in the Virginia
Board of Medicine's newsletter Board Briefs states: "Summary suspension of license based upon
patient care indicating that his continued practice posed a substantial danger to the public."
Fraser eventually got three years in prison for practicing medicine -performing abortions-
without a license. The abortions Fraser performed were certainly neither safe nor legal and yet
Fraser was able to work in totally uninspected, unregulated abortion clinics.
An article in us. News & World Report says that there are roughly 1.4 million abortions
each year. The reported statistics carry some surprises: Eleven percent of abortions are after the
first trimester, eighteen percent of the women are in an intact marriage, sixty-six percent have
2
Fig. 1. Total Deaths
IT
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..-
n
I I
IJ
.-
-
1-
had abortions before, and only one percent of the abortions are as a result of rape or incest.
Nicole Anderson of Richmond, Virginia told about her RU-486 abortion. Her boyfriend
accompanied her to the clinic the day after Christmas of 1996. For a week after the procedure,
she had such pain she could barely walk. Her boyfriend became more and more distant and
finally broke up with her in January. In February, she attempted suicide by slitting her wrists.
She heard about some post-abortion counseling given by a crisis pregnancy center in Richmond
and, by September, she had begun the emotional healing process. She was willing to be
interviewed for the article, she said, because "I don't want another woman to have to feel this.
It's time for women as a group to stand up and say 'This hurts me.'"
Unfortunately, many women have been fed the lie that an abortion gets rid of the pain
when, in fact, abortion causes pain and magnifies other, pre-existing, problems.
After Terry McGovern was found frozen to death in a tavern's alley, former presidential
candidate George McGovern wrote a book titled, Terry: My Daughter's Life-and-Death Struggle
with Alcoholism. He mentions in his book that Terry's abortion at age 15 became a source of
deep depression for her and after it she became increasingly dependant on alcohol. Her pain and
her alcoholism ended only with her death decades after her abortion.
Those who study abortion, and who work with post-abortive women know that Terry's
long-term pain is not an extreme case, but is sadly enough, a quantifiably common response to
uncounseled abortion.
We believe that you do have the existing authority to protect the public and revoke the
special use permit of Planned Parenthood's Hydraulic Road property, but to prevent this same
type of permitting process bait and switch from occurring in the future, and to provide real
accountability for the clinic owner, we request that you pass our proposed Abortion Provider
Business ordinance.
3
(6) PERSON means an individual, proprietorship, partnership, corporation, association, or
other legal entity.
(7) PREMISES means the real property upon which the abortion provider business is
located, and all appurtenances thereto and buildings thereon, including, but not limited to,
the abortion provider business, the grounds, private walkways, and parking lots and/or
parking garages adjacent thereto, under the ownership, control, or supervision of the
licensee, as described in the application for a business license pursuant to Section IV of
this ordinance;
(8) ABORTION PROVIDER BUSINESS means a facility in which more than two (2) or
more abortions are performed in a twelve-month period.
(9) CRIMINAL ACTIVITY means any of the following offenses:
(A) criminal activity for which:
(1) less than five (5) years have elapsed since the date of
conviction or the date of release from confinement imposed
for the conviction, whichever is the later date, if the conviction
is of a misdemeanor offense;
(2) less than ten (10) years have elapsed since the date of
conviction or the date of release fTom confinement imposed
for the conviction, whichever is the later date, if the conviction
is of a felony offense;
(3) less than ten (10) years have elapsed since the date of the last
conviction or the date of release from confinement imposed
for the last conviction, whichever is the later date, if the
convictions are of two or more misdemeanor offenses or
combination of misdemeanor offenses occurring within any
twenty-four (24) month period.
(C) The fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant or a person residing with the applicant.
(10) SUBSTANTIAL ENLARGEMENT of an abortion provider business means the
increase in floor areas occupied by the business by more than twenty-five (25%) percent,
as the floor areas exist on January 31 st, 2004.
(11) TRANSFER OF OWNERSHIP OR CONTROL of an abortion provider means
and includes any of the following:
(A) the sale, lease, or sublease of the business;
(B) the transfer of securities that form a controlling interest in the business, whether
by sale, exchange, or similar means; or
(C) the establishment of a trust, gift, or other similar legal device that transfers the
ownership or control of the business, except for transfer by bequest or other
operation of law upon the death of the person possessing the ownership or
control.
'"-'.::
4
SECTION III, License Required.
(A) It shall be unlawful:
(1) For any person to operate an abortion provider business without a valid
abortion provider business license issued by the Director pursuant to this
ordinance;
(2) For any person who operates an abortion provider business to employ a
person to work and/or perfonn services on the premises of the abortion
provider business, if such employee is not in possession of a valid abortion
provider business employee license issued to such employee by the Director
pursuant to this ordinance;
(3) For any person to obtain employment with a abortion provider business if
such person is not in possession of a valid abortion provider business
employee license issued to such person by the Director pursuant to this
ordinance.
(4) It shall be a defense to subsections (2) and (3) of this Section if the
employment is of limited duration and for the sole purpose of repair and/or
maintenance of machinery, equipment, or the premises.
Violation of any provision within this Subsection shall constitute a misdemeanor.
(B) An application for an abortion provider business license must be made on a fonn provided by
the Board of Supervisors. The application must be accompanied by a sketch or a diagram
showing the configuration of the premises, including a statement of total floor space occupied by
the business. The sketch or diagram need not be professionally prepared but must be drawn to a
designated scale or drawn with marked dimensions of the interior of the premises to an accuracy
of plus or minus six inches. Prior to issuance of a license, the premises must be inspected by the
health department, fire department, building department, and zoning department.
(C) All applicants for a license must be qualified according to the provisions of this ordinance.
The application may request, and the applicant shall provide, such infonnation (including
fingerprints) as to enable the County to detennine whether the applicant meets the qualifications
established under this ordinance. The applicant has an affinnative duty to supplement an
application with new infonnation received subsequent to the date the application was deemed
completed.
~
(D) If a person who wishes to own or operate an abortion provider business is an individual, he
must sign the application for a business license as applicant. If a person who wishes to operate a
abortion provider business is other than an individual, each individual who has a ten (10%)
percent or greater interest in the business must sign the application for a business license as
applicant. If a corporation is listed as owner of a abortion provider business or as the entity that
wishes to operate such a business, each individual having a ten (10%) percent or greater interest
in the corporation must sign the application for a business license as applicant.
(E) Applications for a business license, whether original or renewal, must be made to the
5
REMARKS BY J. MICHAEL SHARMAN TO THE ALBEMARLE COUNTY BOARD
OF SUPERVISORS, July 14,2004
Good evening. My name is Mike Sharman and I am an attorney working with the Central
Virginia Family Forum to help them find a regulatory, legislative or judicial remedy to the
current use of Planned Parenthood's Hydraulic Road property as a regional abortion hospital.
The Board of Supervisors had carefully considered the special use application on the
original proposal for a very low-key mixed office and residential project, but your carefully
thought out approval for a very low-key and low-impact use has now been transmorphed by
Planned Parenthood into approval for a full-blown abortion provider hospital and regional
abortion advocacy center.
The potential harm to the community from an abortion hospital is vastly greater than the
likely effects from the original real estate and insurance office proposal you approved.
You have already told concerned citizens that you believe that you have no ability to
affect this type of bait and switch once the initial permitting process has concluded.
We believe that you do have the existing authority to protect the public and revoke the
special use permit of Planned Parenthood's Hydraulic Road abortion facility, but to prevent this
same type of permitting process bait and switch from occurring in the future, and to provide real
accountability for the clinic owner, we requested that you pass our proposed Abortion Provider
Business ordinance.
~~
You told us that you could not do so because you were barred by the Dillon's Rule.
The Dillon's Rule has not barred you from passing the following types ofregulations:
Sec. 6-303 Fireworks permits -Required
B. Any person, business, organization or other entity engaged in the sale, storage,
distribution, manufacture or public display of fireworks anywhere in the County of Albemarle
must obtain a permit for the fire official and comply with all terms and conditions imposed by
RECEIVED AT 80S MEETING
)ate: /c - J_~ - ¿' L/
f
9nda Item #:
ek's Initials:
B,,;,......--
the fire official in connection with the permit prior to engaging in any sale, storage, distribution,
manufacture or public display of fireworks.
See, 8-601 Bondsmen.
B. ., .no such license shall be unless and until the applicant shall have first obtained from
the judge of the circuit court of the county approving the issuance of the license and certifying
that the applicant is of good moral character. . .
See, 12-201 [Dance Hall) Permits--Required; applications,
A. It shall be unlawful for any person to operate a dance hall in the county unless
such person shall have first obtained a permit from the county.
B. Applications for such permits shall be filed with the zoning administrator. Such
applications shall contain the following information:
1. name of the person owning the dance hall;
2. name of the person managing the dance hall;
3. the location of the dance hall;
4. a statement as to whether or not alcoholic beverages are to be served on the
premises of such dance hall; and
5. certification from the building official and fire marshal that such dance
hall is in conformity with applicable provisions of the Virginia Uniform Statewide Building
Code and the Fire Prevention Code.
(Last amended by the Board of Supervisors, May 2004)
Sec. 12-208 Limitations on Bingo Operations.
See, 12-301 Permit Required [for dealers in precious metals)
Effective 1981, no person shall engage in the activities of [a dealer in precious metals]
without first obtaining a permit from the chief of police of the county.
Sec. 12-402 Registration [for solicitors and peddlers) required
All persons, before entering into or upon residential premises in the county for the
purpose of soliciting, shall register with the chief of police and furnish him with the following
information.. .
See, 12-501 Registration of vehicles for hire
A. All taxicabs and other motor vehicles for hire operating within the county shall be --=
registered by the owner with the chief of police as follows...
Sec. 13-101 [Refuse remover) Permit required.
No person engaged in a business as a refuse remover shall conduct any portion of such
operation within the county unless he has a current permit to do so issued by the county pursuant
to this article.
2
This is a very, very short list of the various entities you already regulate and for whom
you require license and pennit renewals in order for them to continue to conduct their business.
In the past, when your County Attorney has had a question whether the Dillon's Rule
applied he has requested an official opinion of the Attorney General under Virginia Code § 2.2-
505. You may want to instruct him to do so again.
Regardless of your position on abortion, surely you can see that regulating an Abortion
Provider Business is at least as important as regulating a taxicab or dance hall operator. You took
time in May of this year to amend your ordinance on Dance Halls. We would ask that you take
the time to also adopt our proposed ordinance on Abortion Provider Businesses.
Thank you.
~
3
ABORTION PROVIDER ORDINANCE
WHEREAS, abortion provider businesses require special supervision in order to protect and
preserve the health, safety, and welfare of the patrons of such businesses as well as the citizens
of the communities where they locate, and
WHEREAS, the Board of Supervisors finds that abortion provider businesses are frequently
points of demonstrations, picketing, and protests; that persons who provide abortions have often
been persons without the proper medical credentials; that the provision of abortions to underage
persons is a high priority public policy issue; and the concern over the disposal of the bodies
resulting from the termination of pregnancies and other medical waste is a legitimate health
concern of the city that demands reasonable regulation of abortion provider businesses in order
to protect the health and well-being of the citizens; and
WHEREAS, licensing is a legitimate means of accountability to ensure that operators of
abortion provider businesses comply with reasonable regulations, and to ensure that operators do
not allow their establishments to be used as places of illegal medical activity; and
WHEREAS, it is recognized that abortion provider businesses, due to their nature, have serious
objectionable operational characteristics, particularly when they are located in proximity to
churches and schools, thereby downgrading the quality of life in the adjacent area; and
WHEREAS, the Board of Supervisors wants to prevent these adverse effects and thereby protect
the health, safety and welfare of the citizenry; protect the citizens from increased medical
malpractice; preserve the quality of life; preserve the property values and character of
surrounding neighborhoods and deter the illegal provision of abortions to minors from other
jurisdictions; and
WHEREAS, it is not the intent of this ordinance to suppress any reproductive activities
protected by law, but to enact a content neutral ordinance that addresses the secondary effects of
abortion provider businesses as well as the health and social problems associated with such
businesses; and
WHEREAS, it is not the intent of the Board of Supervisors to condone or legitimize the""'""
distribution of birth control materials to minors without parents' consent, and the Board of
Supervisors recognizes that state and federal law generally prohibits the provision of abortions
and birth control materials to minors without the consent of their parents and expects and
encourages state enforcement officials to enforce state and federal statutes against any such
illegal activities in the County of Albemarle, Commonwealth of Virginia; and
WHEREAS, it is not the intent of the Board of Supervisors to condone or legitimize the
provision of abortions by persons who do not have the appropriate medical licenses or whose
licenses have been revoked or suspended, and the Board of Supervisors recognizes that state law
generally prohibits the provision of abortions by unlicensed persons and expects and encourages
state enforcement officials to enforce state statutes against any such illegal activities In the
County of Albemarle, Commonwealth of Virginia.
SECTION I. Purpose and Findine:s.
(A) Purpose. It is the purpose of this ordinance to regulate abortion provider businesses and
related activities to promote the health, safety, and general welfare of the citizens of the County,
and to establish reasonable and unifonn regulations to prevent the deleterious location of
abortion provider businesses within the County. The provisions of this ordinance have neither the
purpose nor effect of imposing a limitation or restriction on the content of any reproductive
activities, including birth control materials and abortions.
(B) Findings. Based on evidence concerning the adverse secondary effects of abortion providers
on the community presented in reports made available to the Board of Supervisors, and on
findings incorporated in statistics obtained from the U.S. Department of Health and Human
Services, Centers for Disease Control and Prevention, the Board of Supervisors finds that:
(1) Abortion provider businesses lend themselves to unlicensed unlawful and
unhealthy activities that are presently uncontrolled by the operators of the
establishments. Further, there is presently no mechanism to make owners of
these establishments responsible for the activities that occur on their
premises.
(2) There is no current existing statewide regulation of abortion provider
businesses.
(3) Persons frequent certain abortion provider businesses for the purpose of
obtaining abortions for minors without the consent of the parents.
(4) These findings raise substantial governmental concerns.
(5) Abortion provider businesses have operational characteristics which should
be reasonably regulated in order to protect those substantial governmental
concerns.
(6) A reasonable licensing procedure is an appropriate mechanism to place the
burden of that reasonable regulation on the owners and the operators of the
abortion provider businesses. Further, such a licensing procedure will place a
heretofore non-existent incentive on the operators to see that the abortion
provider business is run in a manner consistent with the health, safety, and
welfare of its patrons and employees, as well as the citizens of the County. It .'"'"
is appropriate to require reasonable assurances that the licensee is the actual
operator of the abortion provider business, fully in possession and control of
the premises and activities occurring therein.
(7) The disclosure of certain infonnation by those persons ultimately responsible
for the day-to-day operation and maintenance of the abortion provider
business, where such infonnation is substantially related to the significant
governmental interest in the operation of such uses, will aid in preventing the
provision of abortions to minors without the appropriate consent being given
for the abortions.
2
(8) It is desirable in the prevention of malpractice to obtain a limited amount of
information regarding certain employees who may engage in the conduct this
ordinance is designed to prevent or who are likely to be witnesses to such
activity.
(9) The fact that an applicant for an abortion provider business license has been
convicted of a health-related crime or other criminal activity leads to the
rational assumption that the applicant may engage in that conduct in
contravention to this ordinance.
(10)The barring of such individuals from operation or employment in abortion
provider businesses for a period of ten (10) years for a previous felony
conviction serves as a deterrent to and prevents conduct which leads to the
illegal abortions, illegal provision of birth control materials and prescription
fraud.
(11) The general welfare, health, morals, and safety of the citizens of this City
will be promoted by the enactment of this ordinance.
SECTION II. Definitions.
(1) DIRECTOR means the chief zoning administrator as he may designate to perform the
duties of the director under this ordinance.
(2) EMPLOYEE means a person who performs any service on the premises of an abortion
provider business on a full time, part time, contract basis, or independent basis, whether
or not the person is denominated an employee, independent contractor, agent, or
otherwise, and whether or not the said person is paid a salary, wage, or other
compensation by the operator of said business. "Employee" does not include a person
exclusively on the premises for repair or maintenance of the premises or equipment on
the premises, or for the delivery of goods to the premises, nor does "employee" include a
person exclusively on the premises as a patron or customer.
(3) ESTABLISHMENT means and includes any of the following:
(A) the opening or commencement of any abortion provider business as a new
business;
(B) the conversion of an existing business, whether or not an abortion
provider business, to any abortion provider business;
(C) the additions of any abortion provider business to any other existing
abortion provider business; or
(D) the relocation of any abortion provider business; or ."=.
(E) an abortion provider business or premises on which the abortion provider
business is located.
(4) LICENSED DAY-CARE CENTER means a facility, whether situated within the County
or not, that provides care, training, education, custody, treatment or supervision for more
than twelve (12) children under fourteen (14) years of age, where such children are not
related by blood, marriage or adoption to the owner or operator of the facility, for less
than twenty-four (24) hours a day, regardless of whether or not the facility is operated for
a profit or charges for the services it offers
(5) LICENSEE means a person in whose name a license has been issued, as well as the
individual listed as an applicant on the application for a license.
3
Director by the intended operator of the enterprise. Applications must be submitted to the office
of the Director or the Director's designee during regular working hours. Application forms shall
be supplied by the Director. The following information shall be provided on the application
form:
(1) The name, street address (and mailing address if different) ofthe applicant(s);
(2) A recent photograph of the applicant(s);
(3) The applicant's driver's license number, Social Security number, and/or hislher state
or federally issued tax identification number;
(4) The name under which the establishment is to be operated and a general description
of the services to be provided;
(a) If the applicant intends to operate the abortion provider
business under a name other than that of the applicant; he or she
must state I) the abortion provider business's fictitious name and
2) submit the required registration documents;
(5) Whether the applicant, or a person residing with the applicant, has been
convicted, or is awaiting trial on pending charges, of a "specified criminal
activity" as defined in Section II, subsection (22), and, if so, the "specified
criminal activity" involved, the date, place, and jurisdiction of each;
(6) Whether the applicant, or a person residing with the applicant, has had a
previous license under any healthcare statute or regulation or abortion
provider business ordinance from another city or county denied, suspended or
revoked, including the name and location of the healthcare or abortion
provider business for which the business license was denied, suspended or
revoked, as well as the date of the denial, suspension or revocation, and
whether the applicant or a person residing with the applicant is or has been a
partner in a partnership or an officer, director or principal stockholder of a
corporation that is or was licensed under a healthcare or abortion provider
business ordinance whose business license has previously been denied,
suspended or revoked, including the name and location of the healthcare or
abortion provider business for which the business license was denied,
suspended or revoked as well as the date of denial, suspension or revocation;
(7) Whether the applicant or a person residing with the applicant holds any other
licenses for health care or abortion provider business ordinance from another =
state, city or county and, if so, the names and locations of such other licensed
businesses;
(8) Whether the applicant or a person residing with the applicant has any
outstanding judgments as a result of their provision of health care or abortion
provider business and, if so, the names of the parties to the suit and the
locations of the jurisdiction in which the judgment was obtained;
(9) The telephone number of the establishment;
(10) The address, and legal description of the tract of land on which the
establishment is to be located;
6
(11) If the establishment is in operation, the date on which the owner(s)
acquired the establishment for which the business license is sought, and the
date on which the establishment began operations as a abortion provider
business at the location for which the business license is sought;
(12) If the establishment is not in operation, the expected startup date (which
shall be expressed in number of days from the date of issuance of the business
license). If the expected startup date is to be more than ten (10) days following
the date of issuance of the business license, then a detailed explanation of the
construction, repair or remodeling work or other cause of the expected delay
and a statement of the owner's time schedule and plan for accomplishing the
same.
(F) Each application for a business license shall be accompanied by the following:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Payment of the application fee in full;
If the establishment is a Virginia legal entity, a certified copy of the
documents establishing it as a legal entity, together with all amendments
thereto;
If the establishment is a foreign legal entity, a certified copy of the
certificate of authority to transact business in this state, together with all
amendments thereto;
Proof of the current fee ownership of the tract of land on which the
establishment is to be situated in the form of a copy of the recorded
deed;
If the persons identified as the fee owner(s) of the tract of land in item
(4) are not also the owners of the establishment, then the lease, purchase
contract, purchase option contract, lease option contract or other
document(s) evidencing the legally enforceable right of the owners or
proposed owners of the establishment to have or obtain the use and
possession of the tract or portion thereof that is to be used for the
establishment for the purpose of the operation of the establishment;
A current certificate and straight-line drawing prepared within thirty (30)
days prior to application by a registered land surveyor depicting the
property lines and the structures containing any existing abortion
provider businesses within 1,000 feet of the property to be certified; the
property lines of any established religious institution/synagogue, school,
public park or recreation area, or family-oriented entertainment business
within 1,500 feet of the property to be certified. For purposes of this
Section, a use shall be considered existing or established if it is in
existence at the time an application is submitted;
Any of items (2) through (6), above shall not be required for a renewal
application if the applicant states that the documents previously
furnished the Director with the original application or previous renewals
thereof remain correct and current.
;;....:.::
7
(G) Applications for an employee license to work and/or perform services in an abortion
provider business, whether original or renewal, must be made to the Director by the person to
whom the employee license shall issue. Each application for an employee license shall be
accompanied by payment of the application fee in full. Application forms shall be supplied by
the Director. Applications must be submitted to the office of the Director or the Director's
designee during regular working hours. Each applicant shall be required to give the following
information on the application form:
(1) The applicant's given name, and any other names by which the applicant is or
has been known, including "stage" names and/or aliases;
(2) Age, and date and place of birth;
(3) Height, weight, hair color, and eye color;
(4) Present residence address and telephone number;
(5) Present business address and telephone number;
(6) Date, issuing state, and number of photo driver's license, or other state issued
identification card information;
(7) Social Security Number; and
(8) Proof that the individual is at least eighteen (18) years old.
(H) Attached to the application form for a license shall be the following:
(1) A color photograph of the applicant clearly showing the applicant's face, and
the applicant's fingerprints on a form provided by the police department. Any
fees for the photographs and fingerprints shall be paid by the applicant.
(2) A statement detailing the license history of the applicant for the five (5) years
immediately preceding the date of the filing of the application, including
whether such applicant, in this or any other city, county, state, or country, has
ever had any license, permit, or authorization to do business denied, revoked,
or suspended, or had any professional or vocational license or permit denied,
revoked, or suspended. In the event of any such denial, revocation, or
suspension, state the name(s) under which the license was sought and/or
issued, the name(s) of the issuing or denying jurisdiction, and describe in full
the reason(s) for the denial, revocation, or suspension. A copy of any order of
denial, revocation, or suspension shall be attached to the application.
(3) A statement whether the applicant has been convicted, or is awaiting trial on
pending charges, of criminal activity and, if so, the criminal activity involved, --=
the date, place and jurisdiction of each.
(4) A statement whether the applicant has any outstanding judgments as a result
of their provision of health care or abortion provider business and, if so, the
names of the parties to the suit and the locations of the jurisdiction in which
the judgment was obtained;
(I) Every application for a license shall contain a statement under oath that:
8
(1) The applicant has personal knowledge of the infonnation contained in the
application, and that the infonnation contained therein and furnished
therewith is true and correct; and,
(2) The applicant has read the provisions of this article.
(J) A separate application and business license shall be required for each abortion provider
business.
The fact that a person possesses other types of state or city pennits and/or licenses does not
exempt him from the requirement of obtaining a abortion provider business or employee license.
SECTION IV. Issuance of License.
(A) Upon the filing of an application for a abortion provider employee license, the Director shall
issue a temporary license to said applicant. The application shall then be referred to the
appropriate city departments for investigation to be made on the infonnation contained in the
application. The application process shall be completed within thirty (30) days from the date of
the completed application. After the investigation, the Director shall issue an employee license,
unless it is detennined by a preponderance of the evidence that one or more of the following
findings is true:
(1) The applicant has failed to provide the infonnation reasonably necessary for
issuance of the license or has falsely answered a question or request for
infonnation on the application fonn;
(2) The applicant is under the age of eighteen (18) years;
(3) The applicant has been convicted of a felony or a Class I misdemeanor within
the past year;
(4) The abortion provider business employee license is to be used for employment
in a business, vocation or profession prohibited either generally or for that
person specifically by local or state law, statute, rule, or regulation, or
prohibited by a particular provision of this ordinance; or
(5) The applicant has had an abortion provider business employee license revoked
by the County within two (2) years of the date of the current application; or
(6) The applicant has had a health care license or certification revoked or
suspended by any licensing or regulatory authority within ten (10) years of the
date of the current application; or -'""'"
(7) The applicant has unpaid outstanding judgments as a result of their provision
of health care or abortion provider business.
If the abortion provider business employee license is denied, the temporary license previously
issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued
pursuant to this subsection shall be subject to appeal as forth in subsection (I) of this Section.
(B) A license issued pursuant to subsection (A) of this Section, if granted, shall state on its face
the name of the person to whom it is granted, the expiration date, and the address of the abortion
provider business. The employee shall keep the license on his or her person at all times while
9
engaged in employment or perfonning services on the abortion provider business premises so
that said license may be available for inspection upon lawful request.
(C) A license issued pursuant to subsection (A) of this Section shall be subject to annual renewal
upon the written application of the applicant and a finding by the Director that the applicant has
not been convicted of any criminal activity as mentioned in this ordinance, or committed any act
during the existence of the previous license which would be grounds to deny the initial license
application. The decision whether to renew a license shall be made within thirty (30) days of the
completed application. The renewal of a license shall be subject to the fee as set forth in Section
VI. Non-renewal of a license shall be subject to appeal as set forth in subsection (I.) of this
Section.
(D) If application is made for an abortion provider business license, the Director shall approve or
deny issuance of the license within forty-five (45) days of receipt of the completed application.
The Director shall issue a license to an applicant unless it is detennined by a preponderance of
the evidence that one or more of the following findings is true:
(1) An applicant has failed to provide the infonnation reasonably necessary for
issuance of the license or has falsely answered a question or request for
infonnation on the application fonn;
(2) An applicant is under the age of eighteen (18) years;
(3) An applicant or a person with whom the applicant is residing has been denied
a license by the City to operate an abortion provider business within the
preceding twelve (12) months, or whose license to operate a abortion provider
business has been revoked within the preceding twelve (12) months;
(4) An applicant or a person with whom the applicant is residing is overdue in
payment to the City in taxes, fees, fines, or penalties assessed against or
imposed upon him/her in relation to any business;
(5) An applicant has been convicted of a criminal activity as mentioned above;
(6) An applicant or a person with whom the applicant is residing has had an
abortion provider business employee license revoked by the County within
two (2) years of the date of the current application; or
(7) An applicant has had a health care license or certification revoked or
suspended by any licensing or regulatory authority within ten (10) years of the
date of the current application; or
(8) An applicant has any outstanding judgments as a result of their provision of
health care or abortion provider business; or
(9) The premises to be used for the abortion provider business have not been
approved by the health department, fire department, and the building
department as being in compliance with applicable laws and ordinances
governing hospitals;
(10) The license fee required under this ordinance has not been paid;
(11) An applicant of the proposed establishment is in violation of or is not in
compliance with one or more of the provisions of this ordinance.
10
(E) A license issued pursuant to subsection (D) of this Section, if granted, shall state on its face
the name of the person or persons to whom it is granted, the expiration date, and the address of
the abortion provider business for which the license is issued. The license shall be posted in a
conspicuous place at or near the entrance to the abortion provider business so that it may be
easily read at any time.
(F) The health department, fire department, building department and zoning department shall
complete their certification that the premises are in compliance or not in compliance within thirty
(30) days of receipt of the completed application by the Director. The certification shall be
promptly presented to the Director.
(G) A abortion provider business license shall issue for only one location.
(H) In the event that the Director detennines that an applicant is not eligible for a abortion
provider business license, the applicant shall be given notice in writing of the reasons for the
denial within forty five (45) days of the receipt of the completed application by the Director,
provided that the applicant may request, in writing at any time before the notice is issued, that
such period be extended for an additional period of not more than ten (10) days in order to make
modifications necessary to comply with this ordinance.
(1) An applicant may appeal the decision of the Director regarding a denial to the Board of
Zoning Appeals by filing a written notice of appeal within thirty (30) days after service of notice
upon the applicant of the Director's decision. The notice of appeal shall be accompanied by a
memorandum or other writing setting out fully the grounds for such appeal and all arguments in
support thereof. The Director may, within fifteen (15) days of service upon him of the applicant's
memorandum, submit a memorandum in response to the memorandum filed by the applicant on
appeal to the Board of Zoning Appeals. After reviewing such memoranda, as well as the
Director's written decision, if any, and exhibits submitted to the Director, the Board of Zoning
Appeals shall vote either to uphold or overrule the Director's decision. Such vote shall be taken
within twenty-one (21) calendar days after the date on which the the notice of appeal is received.
However, all parties shall be required to comply with the Director's decision during the pendency
of the appeal.
(1) A license issued pursuant to subsection (D) of this Section shall be subject to annual renewal
upon the written application of the applicant and a finding by the Director that the applicant has
not been convicted of any criminal activity as defined in this ordinance, or committed any act""'"
during the existence of the previous license which would be grounds to deny the initial license
application. The decision whether to renew a license shall be made within forty-five (45) days of
the completed application. The renewal of a license shall be subject to the fee as set forth in
Section VI.
SECTION V. Fees.
The annual fee for a abortion provider business license, whether new or renewal, is One
Thousand Five Hundred ($1,500.00) Dollars. The annual fee for an abortion provider business
11
employee license, whether new or renewal, is Seven Hundred Fifty ($750,00) Dollars. These fees
are to be used to pay for the cost of the administration and enforcement of this ordinance.
SECTION VI. Inspection.
(A) An applicant or licensee shall permit representatives of the Police Department, Health
Department, Fire Department, Building Department, or other county or state departments or
agencies to inspect the premises of an abortion provider business for the purpose of insuring
compliance with the law, at any time it is open for business.
(B) A person who operates an abortion provider business or his agent or employee commits a
misdemeanor if he/she refuses to promptly permit such lawful inspection of the premises.
SECTION VII. Expiration of License,
(A) Each license shall expire one year from the date of issuance and may be renewed only by
making application as provided in Section IV. Application for renewal should be made at least
thirty (30) days before the expiration date; when made less than forty-five (45) days before the
expiration date, the expiration of the license will not be affected.
(B) When the Director denies renewal of a license, the applicant shall not be issued a license for
one year from the date of denial.
SECTION VIII. Suspension.
The Director shall suspend a license for a period not to exceed thirty (30) days if he determines
that licensee or an employee of licensee has:
(1) violated or is not in compliance with any section of this ordinance; or
(2) operated or performed services in an abortion provider business while intoxicated by the
use of alcoholic beverages or controlled substances; or
(3) refused to allow prompt inspection of the abortion provider business premises as
authorized by this ordinance; or
(4) permitted any person to have patient contact who is not licensed by the appropriate
health care agency for that level of patient contact; or
(5) unpaid outstanding judgments as a result of their provision of health care or abortion'""'"
provider business.
SECTION IX. Revocation.
(A) The Director shall revoke a license if a cause of suspension in Section IX occurs and the
license has been suspended within the proceeding twelve (12) months.
(B) The Director shall revoke a license if he determines that:
12
(1) a licensee gave false or misleading information in the material submitted
during the application process; or
(2) a licensee, or a person with whom the licensee is residing, was convicted of a
criminal activity on a charge that was pending prior to the issuance of the license;
or
(3) a licensee has, with knowledge, permitted the possession, use, or sale of
controlled substances on the premises; or
(4) a licensee has, with knowledge, permitted the sale, use, or consumption of
alcoholic beverages on the premises; or
(5) a licensee has, with knowledge, permitted the illegal dissemination of
prescription drugs on the premises; or
(6) a licensee has, with knowledge, permitted the performance of abortions on a
minor without the parents' or court's permission; or
(7) a licensee has, with knowledge, permitted the performance of abortions with
the assistance of any person who is not licensed by the appropriate health
care agency for that level of patient contact; or
(8) a licensee has, with knowledge, operated the abortion provider business
during a period of time when the licensee's license was suspended;
(9) a licensee is delinquent in payment to the County or State for any taxes or
fees; or
(10) a licensee has unpaid outstanding judgments as a result of their provision
of health care or abortion provider business; or
(11) a licensee has, with knowledge, permitted a person under eighteen (18)
years of age to enter the establishment without parental or court permission;
or
(12) a licensee has attempted to sell his business license, or has sold, assigned,
or transferred ownership or control of the abortion provider business to a non-
licensee; or
(13) A licensee has, with knowledge, permitted an unlicensed person or
persons to engage in abortion provider activities on the premises of the
abortion provider business.
(C) When the Director revokes a license, the revocation shall continue for one (1) year, and the
licensee shall not be issued an abortion provider license for one (1) year from the date revocation"'"'"
became effective.
SECTION X. Judicial Review.
After denial of an initial or renewal application by the Director and Board of Supervisors, or
suspension or revocation of a license by the Director, the applicant or licensee may seek prompt
judicial review of such administrative action in any court of competent jurisdiction. The
administrative action shall be promptly reviewed by the court.
SECTION XI, No Transfer of License.
13
A licensee shall not transfer his/her license to another, nor shall a licensee operate an abortion
provider business under the authority of a license at any place other than the address designated
in the application.
SECTION XII. Location Restrictions,
Abortion provider businesses shall be pennitted in any district in which hospitals are pennitted
provided that:
(A) An abortion provider business may not be operated within:
(1) 1,500 feet of a church, synagogue or regular place of religious worship;
(2) 1,500 feet of a public or private elementary or secondary school;
(3) 1,500 feet of a boundary of any residential district;
(4) 1,500 feet of a public park;
(5) 1,500 feet of a licensed day-care center; or
(6) 1,500 feet of an entertainment business that is oriented primarily towards
children or family entertainment; or
(B) For the purpose of this ordinance, measurement shall be made in a straight line, without
regard to intervening structures or objects, nom the nearest portion of the building or structure
used as a part of the premises where an abortion provider business is conducted, to the nearest
property line of the premises of a church, synagogue, regular place of worship, or public or
private elementary or secondary school, or to the nearest boundary of an affected public park,
residential district, or residential lot, or licensed day care center, or child or family entertainment
business.
SECTION XIII, Non-Conformine: Uses; Amortization.
(A) Any business lawfully operating on the effective date of this ordinance that is in violation of
the locational or structural configuration requirements of this ordinance shall be deemed a non-~
confonning use. The non-confonning use will be pennitted to continue for a period not to exceed
two years, unless sooner tenninated for any reason or voluntarily discontinued for a period of
thirty (30) days or more. Such non-confonning uses shall not be increased, enlarged, extended or
altered except that the use may be changed to a confonning use.
(B) An abortion provider business lawfully operating as a confonning use is not rendered a non-
confonning use by the location, subsequent to the grant or renewal of the abortion provider
business license, of a church, synagogue, or regular place of religious worship, public or private
elementary or secondary school, licensed day-care center, public park, residential district, or
child or family entertainment business within one thousand, five hundred (1,500) feet of the
14
abortion provider business. This provision applies only to the renewal of a valid business license,
and does not apply when an application for a business license is submitted after a business
license has expired or has been revoked.
SECTION XIV. Exterior Portions of Abortion Provider Businesses,
(A) It shall be unlawful for an owner or operator of an abortion provider business to allow the
activities of the establishment to be visible from a point outside the establishment.
(B) It shall be unlawful for the owner or operator of a abortion provider business to allow the
exterior portion of the abortion provider business to have flashing lights, or any words, lettering,
photographs, silhouettes, drawings, or pictorial representations of any manner except to the
extent permitted by the provisions of this ordinance.
(C) A violation of any provision of this Section shall constitute a misdemeanor.
SECTION XV. Sie:nae:e,
(A) Notwithstanding any other city ordinance, code, or regulation to the contrary, it shall be
unlawful for the operator of any abortion provider business or any other person to erect,
construct, or maintain any sign for the abortion provider business other than the one (1) primary
sign and one (1) secondary sign, as provided herein.
(B) Primary signs shall have no more than two (2) display surfaces. Each such display surface
shall :
(1) not contain any flashing lights;
(2) be a flat plane, rectangular in shape;
(3) not exceed seventy-five (75) square feet in area; and
(4) not exceed ten (10) feet in height or ten (10) feet in length.
(C) Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations
in any manner, and may contain only the name of the enterprise.
~
(D) Each letter forming a word on a primary sign shall be of solid color, and each such letter
shall be the same print-type, size and color. The background behind such lettering on the display
surface of a primary sign shall be of a uniform and solid color.
(E) Secondary signs shall have only one (I) display surface. Such display surface shall:
(1) be a flat plane, rectangular in shape;
(2) not exceed twenty (20) square feet in area;
15
(3) not exceed five (5) feet in height and four (4) feet in width; and
(4) be affixed or attached to any wall or door of the enterprise.
(F) The provisions of item (1) of subsection (B) and subsection (C) and (D) shall also apply to
secondary signs.
(G) Violation of any provision of this Section shall constitute a misdemeanor.
SECTION XVI, Sale. Use. or Consumption of Alcoholic Beverae:es Prohibited.
(A) The sale, use, or consumption of alcoholic beverages on the premises of an abortion provider
business is prohibited.
(B) Any violation of this Section shall constitute a misdemeanor.
SECTION XVII, Persons Y oune:er Than Eie:hteen Prohibited From Entry: Attendant
Required.
(A) It shall be unlawful to allow a person who is younger than eighteen (18) years of age to enter
or be on the premises of an abortion provider business at any time the abortion provider business
is open for business without the permission of the minor's parents or court approval.
(B) It shall be the duty of the operator of each abortion provider business to ensure that an
attendant is stationed at each public entrance to the abortion provider business at all times during
such abortion provider businesses' regular business hours. It shall be the duty of the attendant to
prohibit any person under the age of eighteen (18) years from entering the abortion provider
business without the permission of the minor's parents or court approval. It shall be presumed
that an attendant knew a person was under the age of eighteen (18) and without the permission of
the minor's parents or court approval unless:
(1) such attendant asked for and was furnished a valid operator's, commercial
operator's, or chauffeur's driver's license, or a valid personal identification
certificate issued by the Commonwealth of Virginia reflecting that such
person is eighteen (18) years of age or older; or
(2) the minor is accompanied by their parent; or
(3) such attendant asked for and was furnished a certified copy of an order
pursuant to Virginia Code § 16.1-24l(V).
-~
(C) Violation of this Section shall constitute a misdemeanor.
SECTION XIII. Hours of Operation
No abortion provider business may remain open at any time between the hours of nine o'clock
(9:00) P.M. and eight o'clock (8:00) A.M. on weekdays, or from nine o'clock (9:00) P.M.
Saturdays to twelve o'clock (12:00) P.M. on Sundays.
16
SECTION XIX. Notices,
(A) Any notice required or permitted to be given by the Director or any other county office,
division, department or other agency under this ordinance to any applicant, operator or owner of
an abortion provider business may be given either by personal delivery or by certified United
States mail, postage prepaid, return receipt requested, addressed to the most recent address as
specified in the application for the license, or any notice of address change that has been received
by the Director. Notices mailed as above shall be deemed given upon their deposit in the United
States mail. In the event that any notice given by mail is returned by the postal service, the
Director or his designee shall cause it to be posted at the principal entrance to the establishment.
(B) Any notice required or permitted to be given to the Director by any person under this
ordinance shall not be deemed given until and unless it is received in the office of the Director.
(C) It shall be the duty of each owner who is designated on the license application and each
operator to furnish notice to the Director in writing of any change of residence or mailing
address.
SECTION XX, Iniunction.
A person who operates or causes to be operated an abortion provider business without a valid
business license or in violation of Section XIII of this ordinance is subject to a suit for injunction
as well as prosecution for criminal violations. Each day an abortion provider business so operates
is a separate offense or violation.
SECTION XXI. Separability.
If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be
affected thereby.
SECTION XXII, Conflictin2 Ordinances Repealed,
All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby
repealed.
-~
SECTION XXIII. Effective Date.
This ordinance shall be enforced from and after
17
V~Y'
To: Members, Board of Supervisors .-v· C,-
From: Ella Washington Carey, CMC, Cle
Subject: Reading List for July 14, 2004 /'...
Date: July 8,2004
MEMORANDUM
March 3, 2004
Ms. Thomas - Pages 1-20 (end at #10)
NOTE: PLEASE REMEMBER TO PULL YOUR MINUTES IF YOU HAVE
NOT READ THEM.
/ewc
D
ST. JOHN, BOWLING & LAWRENCE, LLP
ATTORNEYS AT LAW
416 PARK STREET
CHARLOTTESVILLE. VIRGINIA 22902
JAMES M. BOWLING. IV
FRANCIS MCQ. LAWRENCE
CHERYL V. HIGGINS
RHONDA QUAGLIANA
.) ;
, .
TELEPHONE
(434) 296-7138
FAX
(434) 296-1301
E-MAIL
LAW@STLAWVA.COM
RETIRED
GEORGE R. ST. .JOHN
June 18, 2004
BY HAND DELIVERY
& BY EMAIL (ecarey@albemarle.org)
Ella Carey, Clerk
Board of Supervisors
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Re: Special Use Permit - Dennis Minetos
SP-03-84 Dennis Enterprises, Rio Road
Dear Ella:
On behalf of Dennis Minetos, we hereby request that the above matter be
deferred from the Board's July 14, 2004, meeting to the Board's September 8,
2004, meeting.
Thank you.
yours,
I/Ú-
ncis McQ. Lawrence
~
FML/ sp
Cc: Larry Davis, Esquire
Dennis Minetos
Kelly Strickland
Katurah Roell
I
PROBATION, PAROLE AND
COMMUNITY SUPERVISION WEEK
WHEREAS, District 9 Probation and Parole Department and OAR-Jelfèrson Area
Community Corrections are an essential part o(the crirninaljustice !>ystem: and
WHEREAj<,', these community corrections profèssionals uphold the law with dignity. while
recognizing the right olthe public to be safè-guardedfrom criminal activity: and
WHEREAS, these community corrections profèssionals are responsible /Òr providing pre and
post trial supervision to adult defèndants and o{tènders in the community: and
WHEREAS, these community corrections profèssionals are trained profèssionals who
provide services and refèrrals/Òr o{tènders: and
WHEREAS, these community corrections profèssionals H'Ork in partnership with community
agencies and groups: and
WHEREAS, these communi(v corrections profèssionals promote prevention. Intervention and
adw)ca(}': and
WHEREAS, these communi(v corrections prc~fèssionals provide services. support. and
protections/Òr victims: and
WHEREAS, these community corrections profèssionals advocate community and restorative
justice: and
NOW, THEREFORE, I. LindS'Ov G. Dorrier. .Jr.. Chairman. on behal(o(the Albemarle Board of
County Supervi,~·ors. do hereby proclaim the week orju/~v 18th through July 24'h h.
2004, as PROBATION, PAROLE AND COMMUNITY SUPERVISION
WEEK and encourage all citizens to honor and recognize the
achievements (?lthese communizv corrections pr<?lessionals.
Signed and sealed this 14th day of July. 2004.
LINDSAY G. DORRIE/?. .JR" CHAIRMAN
ALBEMARLE BOARD OF COUNTY SUPER~i7S0R5'
.
COUNTY OF ALBEMARLE
Department of Community Development
Planning
401 McIntire Road, Room 218
Charlottesvil1e, Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 4012
06-2B-04Pl0:16 RCVD
June 24, 2004
Tim Beverly
Brown Auto Group
1357 Richmond Road
Charlottesville, VA 22911
RE: SP-2004-010 Kimco L.C. (Brown, Flow, Crown) Stand-Alone Parking (Sign #83)
Tax Map 78 Parcel 16
Dear Mr. Beverly:
The Albemarle County Planning Commission, at its meeting on June 22, 2004, by a vote of 7:0,
recommended approval of the above-noted petition to the Board of Supervisors. Please note that this
. approval is subject to the following conditions:
1. A site plan amendment shall be submitted for approval, which shall be in general accord with the concept
plan on Tax Map 78 Parcel 16, dated 3/19/04
2. At least one sign shall be posted in the parking area that identifies the use as parking for Brown
Automotive, Flow Companies of Charlottesville, and Crown Motor Company only, with size and location of
the sign to be determined and approved by staff.
3. No customers of the three (3) dealerships noted above shall be permitted onsite.
4. The use shall be valid for a period not to exceed one (1) year from the approval of the site plan
amendment. Any extension of the one (1) year period will require that SP-2004-01 0 be amended.
5. Approval of the special permit does not authorize the use to begin. The use may not lawfully begin until all
necessary approvals have been received and conditions met. This includes, compliance with applicable
conditions of the special permit; approval of and compliance with the site plan; and approval of a zoning
compliance clearance.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on July 14, 2004. Any new or additional information regarding your
application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your
scheduled 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,
~-~. ~/~~~./.?
/~~7/~¿ý'~C
Francis MacCall
Senior Planner
.
FM/jcf
Cc:
Ella Carey
Jack Kelsey
KIMCO, LC
Amelia McCulley
Steve Allshouse
.
.
.
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
FRANCIS H MAC CALL
JUNE 22, 2004
JULY 14, 2004
SP 2004-010 Kimco L.c. (Brown. Flow. Crown) Stand-Alone Parkin!!
Applicant's Proposal: The applicant is proposing to use the former lumber storage area at the rear ofthe
Moore's Building on US Route 250 East as a stand-alone parking lot, to allow the Brown Automotive, Flow,
and Crown Motors auto dealerships to park inventory that will not fit in the existing locations that are
located on Richmond Road, US Route 250 E. There are no physical changes proposed for the site.
(Attachment A)
Petition: The petition is for approval of a special use permit, (in accordance with Section 24.2.2 (12) of the
Zoning Ordinance) to allow stand-alone parking. (Attachments A) The property, described as Tax Map 78
Parcel 16 is 4.87 acres, and is zoned HC, Highway Commercial and EC, Entrance Corridor. The property is
located on Richmond Road (US Route 250E), approximately .1 mile from the intersection of Richmond
Road and Stony Point Road (US Route 20N), in the Rivanna Magisterial District. The Comprehensive Plan
designates this property as Regional Service in Neighborhood 3. (Attachments B & C.)
Character of the Area: The property is located at the former Moore's Lumber site on Route 250 East at
Pantops Mountain. The property is immediately adjacent to a car wash and there are a total of seven
automobile dealerships along this stretch of Route 250 East.
RECOMMENDATION: Staffhas reviewed the proposal for conformity with the Comprehensive Plan and
the Zoning Ordinance and recommends approval of the special use permit with conditions.
Plannin!! and Zonin!! Historv: The history ofthe parcel is as follows:
All throughout the 1990' s the site has had multiple site plan amendments usually regarding the addition of
the lumber sheds in the rear. The site has also been used for multiple temporary events.
VIOLATIONS: This site is currently under violation and has been since August 2003. The owner was cited
with an official notice of violation in late February 2004.
Comprehensive Plan and The Nei!!hborhood Model: Requests for special use permits in the
Development Areas are assessed for conformity with the Neighborhood Model and the Land Use Plan. The
Land Use Plan shows this area as Regional Service. The property has been used as a location for temporary
events, approved by the County, since the Moore's Lumber business closed its doors. The proposed use of a
stand-alone parking lot for some of the local automobile dealerships would not be a departure from the
current land use and character of the area.
After analysis of the twelve principles of the Neighborhood Model with regards to the stand alone parking
staffhas found that ten of (Pedestrian Orientation, Neighborhood Friendly Streets and Paths, Parks
and Open Space, Neighborhood Centers, Buildings and Spaces of Human Scale, Mixture of Uses,
1
Mixture of Housing Types and Affordability, Redevelopment Rather than Abandonment, Site
Planning that Respects Terrain, Clear Boundaries with the Rural Areas) the twelve principles are not
applicable to this proposal mainly because there is no new physical development proposed. The ways in
which the proposed project meets the principles for development in accordance with the Neighborhood
Model is provided below:
Interconnected Streets and Transportation Networks - Staff has been considering some potential
vehicular connections in and around this area and felt that having the use expire after one year leaves the
door open to smother negotiations in the future if a road connection were to be developed here. So by
agreeing to the time limit on the use the applicant is promoting this principle.
Relegated Parking - The proposed location of the parking is relegated from Route 250. These vehicles are
behind the existing building and well below the grade of Route 250.
Emdneerin2: Analvsis: The County's Engineering staffhas reviewed this request for engineering issues
related to health, safety, and welfare requirements. The Engineering Department is recommending approval.
STAFF COMMENT: The applicant has agreed to limit the use to one year. Staff believes that the
redevelopment ofthis area will eventually provide for a possible road connection. Staff knows that this is a
"band aid" fix for the automobile dealerships involved since all three (3) are or will be going through some
major site redevelopment in the near future. (Attachment A & D) The applicant should be aware that ifthe
Board of Supervisors decides to approve the permit, before the use can lawfully begin the permit conditions
must be met and a zoning clearance must be obtained through the Department of Community Development.
SPECIAL USE PERMIT: Section 31.2.4.1 of the Zoning Ordinance below requires that special use
permits be assessed as follows:
Will the use be of substantial detriment to adiacent property?
There will not be a substantial detriment to the adjacent properties because the parking of vehicles is a
commercial use that is much less intense than many other by right use in the HC.
Will the character of the zoning district change with this use?
The character of the zoning district will not change with this use. The use of the commercial property by
automobile dealerships actually fits with the character of Pan tops Mountain. There are no physical changes
to site layout or structures that would change the character of the area.
Will the use will be in harmony with the purpose and intent of the zoning ordinance?
The purpose and intent of the HC, Highway Commercial zoning district is stated as follows in the ordinance;
"HC districts are hereby created and may hereafter be established by amendment to the zoning map
to permit development of commercial establishments, other than shopping centers, primarily oriented to
highway locations rather than to central business concentrations.... It is further intended that this district
shall be for the purpose of limiting sprawling strip commercial development by providing sites with
adequate frontage and depth to permit controlled access to public streets."
2
.
.
.
If there was a primary use of the property or if any of the individual automobile dealerships were to own this
property, the use of the property for sale of automobiles would be a by right use and all that would be needed
would be a Special Use Permit for outdoor display if the vehicles were visible from the Entrance Corridor
and a site plan. The vehicles will not be visible from the Entrance Corridor at the location proposed and
with the current configuration ofthe buildings (Attachment A & D)
Will the use be in hannony with the uses permitted by right in the district?
The proposed use will not restrict permitted uses on surrounding properties. Staff does believe that this use
will be in hannony with the other uses permitted in the district.
Will the use comply with the additional regulations provided in Section 5.0 of this ordinance?
The additional regulations provided in Section 5.1.41 require a site plan be approved for the use. There is a
site plan amendment that staff is currently reviewing and should be able to recommend for approval.
Will the public health. safety and general welfare ofthe community be protected if the use is approved?
The public health, safety, and general welfare of the community is protected through the special use permit
process which assures that uses approved by special use permit are appropriate in the location requested.
SUMMARY:
Staff has identified the following factors, which are favorable to this request:
1. The vehicles will not be visible from the Route 250 East.
2. The use will be limited to one year unless the applicant applies for an extension by amending this
Special Use Permit. (See conditions)
Staff has identified the following factor, which would be unfavorable to this request.
1. The property is currently being used as a stand alone parking lot in violation of the Zoning
Ordinance. The applicant is trying to get the Special Use Permit to correct the violation and may not
be in compliance before the Special Use Permit is granted.
RECOMMENDED ACTIONS
SPECIAL USE PERMIT: Staff recommends approval of the special use permit request to allow stand-
alone parking with the following conditions:
1. A site plan amendment shall be submitted for approval, which shall be in general accord with the
concept plan on Tax Map 78 Parcel 16, dated 3/19/04. (Attachments A)
2. At least one sign shall be posted in the parking area that identifies the use as parking for Brown
Automotive, Flow Companies of Charlottesville, and Crown Motor Company only, with size and
location of the sign to be determined and approved by staff.
3. No customers of the three (3) dealerships noted above shall be permitted onsite.
3
4. The use shall be valid for a period not to exceed one (1) year from the approval of the site plan
amendment. Any extension ofthe one (1) year period will require that SP-2004-010 be amended.
5. Approval of the special permit does not authorize the use to begin. The use may not lawfully begin until
all necessary approvals have been received and conditions met. This includes, compliance with
applicable conditions of the special permit; approval of and compliance with the site plan; and approval
of a zoning compliance clearance.
ATTACHMENTS:
A - Concept plan B - Detail Map C - Location Map D - Zoning Comment
4
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VOICE: 434/971-8848
FAX: 434/296-3040
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A1'1'ACllM-
MEMORANDUM
TO:
Francis MacCall, Planner
FROM:
Amelia McCulley, Zoning Administrator
DATE:
May 21,2004
RE:
S. P. 2004-10 Kimco L.C. - Stand Alone Parking Lot
These comments are being provided on the revised submittal of the plan associated
with this special permit.
Zoning concurs that the revised plan can serve as the concept plan for the S.P. In
addition, the ARB has determined that no separate special permit is necessary for
storage in the Entrance Corridor because this is not visible from Rt. 250.
Zoning staff would like to note that the owner has taken the necessary measures to
abate two of the three zoning violations on this property. The third violation relating to
the unauthorized storage of cars and tractor trailers has been partially abated with the
removal of tractor trailers. However, the storage of the dealers' vehicles continues and
while remain a violation until the special permit and site plan are approved and the site
is in compliance with any conditions of approval. Zoning is initiating civil penalty
enforcement procedures.
As stated in our initial comments, a condition of approval should clarify that the use may
not lawfully begin until all necessary approvals have been received. Language similar
to this is suggested, "Approval of this special permit does not authorize the use to begin.
The use may not lawfully begin until all necessary approvals have been received and
conditions have been met. This includes, compliance with applicable conditions of the
special permit; approval of and compliance with the site plan; and approval of a zoning
compliance clearance."
As noted on their plan, the applicant requests this use for a period of 1 year. It would be
good to clarify with them that they would need to amend their special permit if they want
an extension. They should propose a feasible time period because it will become a
requirement. A condition could state: "Approval of this special permit use shall be valid
for a period not to exceed one year from the date of site plan approval."
08
.
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COUNTY OF ALBEMARLE
Department of Community Development
Planning
401 McIntire Road, Room 218
Char1ottesville, Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 4012
June 24, 2004
Valerie Long
McGuire Woods, LLP
Court Square Building
310 4th Street
Charlottesville, VA 22902
RE: SP-2004-012 Verulam Farm Conservation Group (LLC/Nextel Partners) (Sign #85, 86)
Tax Map 74, Parce3117
Dear Ms. Long:
The Albemarle County Planning Commission, at its meeting on June 22, 2004, by a vote of 7:0,
recommended approval of the above-noted petition to the Board of Supervisors. Please note that this
approval is subject to the following conditions:
.
The facilitv shall be desiqned. constructed and maintained as follows:
1. With the exception of any minor changes that would be required in order to comply with the conditions
listed herein, the facility including the monopole, the ground equipment building, and any antennas
shall be sized, located and built as shown on the concept plan entitled, "SP-2004-012 - Nextel
PartnershipNerulam Farm Conservation Group LLC/Meechum", last revised May 25, 2004 and
provided with Attachment A.
2. The calculation of pole height shall include any base, foundation or grading that raises the pole above
the pre-existing, natural ground elevation.
3. The top of the pole, as measured Above Mean Sea Level (AMSL), shall never exceed seven (10) feet
above the top of the tallest tree within twenty-five feet. In no case shall the pole exceed 101 feet in
total height at the time of installation without prior approval of an amendment to this special use permit
or personal wireless facility permit.
The monopole shall be made of wood and be a dark brown natural wood color.
The ground equipment building, antennas, concrete pad and all equipment attached to the pole shall
be the same color as the pole and shall be no larger than the specifications set forth in the application
plans.
Only flush-mounted antennas shall be permitted. No antennas that project out from the pole beyond
the minimum required by the support structure shall be permitted. However, in no case shall the
distance between the face of the pole and the faces of the antennas be more than 12 inches.
No satellite or microwave dishes shall be permitted on the monopole.
No antennas or equipment, with the exception of a grounding rod, not to exceed one-inch in diameter
and twelve (12) inches in height, shall be located above the top of the pole.
No guy wires shall be permitted.
No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor lighting
shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully shielded such
that all light emitted is projected below a horizontal plane running though the lowest part of the shield
or shielding part of the luminaire. For the purposes of this condition, a luminaire is a complete lighting
unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position
and protect the lamps, and to connect the lamps to the power supply.
4.
5.
6.
7.
8.
. 9.
10.
11. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area
shall not be permitted.
12. Size specifications and other details, including schematic elevations of the antennas shall be included
in the construction plan package.
13. Site grading and all construction around the facility shall be minimized to only provide the amount of
space that will be necessary for placement of the monopole and equipment building.
14. Details and cross sections for any future plans to upgrade the existing dirt logging road shall be
subject to review and approval by the County's Engineering Department
Prior to the issuance of a building permit, the following requirements shall be met:
15. Certification by a registered surveyor stating the height of the reference tree that has been used to
justify the height of the monopole shall be provided to the Zoning Administrator.
16. Prior to beginning construction or installation of the pole, the equipment cabinets or vehicular or utility
access, an amended tree conservation plan, developed by a certified arborist shall be submitted to the
Zoning Administrator for approval. The plan shall specify tree protection methods and procedures,
and identify any existing trees to be removed on the site - both inside and outside the access
easement and lease area. . All construction or installation associated with the pole and equipment pad,
including necessary access for construction or installation, shall be in accordance with this tree
conservation plan. Except for the tree removal expressly authorized by the Director of Planning and
Community Development, the permittee shall not remove existing trees within two hundred (200) feet
of the pole and equipment pad. A special use permit amendment shall be required for any future tree
removal within the two hundred-foot buffer, after the installation of the subject facility.
17. With the building permit application, the applicant shall submit the final revised set of site plans for
construction of the facility. During the review of the application, Planning staff shall review the revised
plans to ensure that all appropriate conditions of the special use permit have been addressed.
After the completion of the pole installation and prior to the issuance of a Certificate of Occupancy or to any
facility operation, the following shall be met:
18. Certification by a registered surveyor stating the height of the pole, measured both in feet above
ground level and in elevation above sea-level (ASL) using the benchmarks or reference datum
identified in the application shall be provided to the Zoning Administrator.
19. Certification confirming that the grounding rod's: a) height does not exceed two feet above the
monopole; and, b) width does not exceed a diameter of one-inch, shall be provided to the Zoning
Administrator.
20. No slopes associated with construction ofthe facility shall be created that are steeper than 2:1 unless
retaining walls, revetments, or other stabilization measures acceptable to the County Engineer are
employed.
After the issuance of a Certificate of Occupancy, the following requirements shall be met:
21. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning
Administrator by July 1 of each year. The report shall identify each personal wireless service provider
that uses the facility, including a drawing indicating which equipment, on both the tower and the
ground, are associated with each provider.
22. All equipment and antennae from any individual personal wireless service provider shall be
disassembled and removed from the site within ninety (90) days of the date its use is discontinued.
The entire facility shall be disassembled and removed from the site within ninety (90) days of the date
its use for personal wireless service purposes is discontinued. If the Zoning Administrator determines
at any time that surety is required to guarantee that the facility will be removed as required, the
permittee shall furnish to the Zoning Administrator a certified check, a bond with surety satisfactory to
the County, or a letter of credit satisfactory to the County, in an amount sufficient for, and conditioned
upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the
Zoning Administrator and the County Attorney.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on July 14, 2004. Any new or additional information regarding your
application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your
scheduled hearing date.
.
.
.
It you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me (434) 296-5823.
Sincerely,
~
Stephen Waller
Senior Planner
SW ¡jct
Cc: Ella Carey
Amelia McCulley
Jack Kelsey
Steve Allshouse
Verulam Farm Conservation Group, LLC
William Daley
.
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
STEPHEN B. WALLER, AICP
JUNE 22, 2004
JULY 14, 2004
SP 04-012 VERULAM FARM CONSERVATION GROUP LLC (NEXTEL)
Applicant's Proposal:
The applicant proposes the installation of a personal wireless service facility, which would
include a wood monopole, approximately 101 feet in total height, with a top elevation of
approximately 1077 feet Above Mean Sea Level (Attachment A). This would result in a
monopole that is 10 feet taller in height than a nearby 91-foot tall tree identified on the
applicant's construction plans. The monopole would be equipped with an array ofthree 8-foot
long, 12-inch wide and 7-inch deep flush-mounted panel antennas at the top. Supporting ground
equipment would be contained within a 20-foot long by 10-foot wide building on a 288 square
foot concrete pad. The lease area for the proposed facility is located on property described as
Tax Map 74 - Parcel 17, containing approximately 356.36 acres, and zoned Rural Areas (RA)
and Entrance Corridor, in the Samuel Miller Magisterial District (Attachment B). Access to this
site is taken from Bloomfield Road [State Route 677], approximately 3/4-mile from the
intersection with Dick Woods Road [State Route 637]. The property lies within the area
designated as Rural Area 3 by the Comprehensive Plan.
Petition:
. The applicant, Nextel Partners, is in the process of expanding its services into the area including
Albemarle County and the City of Charlottesville. This request is for a special use pennit to
allow the construction of a personal wireless service facility in accordance with Section 10.2.2.6
of the Zoning Ordinance which allows for radio wave transmission and relay towers and their
appurtenances by special use pennit in the Rural Areas.
Plannin!!: and Zonin!!: Historv:
SP 01-30 Private EQuity Golf Club - A special use pennit request was filed proposing the
development of a private golf course and club house in accordance with Section 10.2.2.4 of the
Zoning Ordinance which allows for "swim, golf, tennis or similar athletic facilities," on the
subject parcel. This item was deferred indefinitely on October 2, 2001.
SP 03-064 Verulam Farm (Omnipoint) - At it's meeting on January 14, 2004, The Board of
Supervisors unanimously approved a request to allow the installation of a personal wireless
service facility on the subject parcel (Attachment C). When completed, this structure will have a
101-foot tall wood monopole as its mounting structure and three (3) cabinets for ground
equipment. Staff notes that the monopole for this facility has not been installed.
Character of the Area:
.
The site of this proposed facility is located approximately 160 feet north of Interstate Route 64 on
a mountain that is approximately 152 feet higher than the right-of-way, near a ridge line
connected with the Ragged Mountains. The site is accessed from an existing logging road that
1
extends from the main access road of the farm and into a heavily wooded area on the incline. All
adjacent properties surrounding the subject parcel are zoned Rural Areas (RA), including the
parcel directly to the east, which contains the Charlottesville Reservoir. The nearest dwelling to
this site is the Verulam residence, which is approximately 1800 feet away on the same parcel.
The nearest offsite dwelling is located more than 3000 feet away on property identified as Tax
Map 74 - Parcel 17E, which is held in common ownership and was once part of the subject
parcel. The 91 foot tall tree that is being used as the basis for the requested monopole height is
located approximately 21.7 feet southeast and has a surveyed top elevation of 1,067 feet AMSL.
Because the proposed site of this facility is located at the top of a mountain, there is no area
available to provide backdrop for its monopole. However, during a field visit staff observed that
an orange balloon floated at the height of the proposed monopole was slightly visible at the top
of the treeline from a location that is interior to the subject parcel (Attachment D). However,
when this site was viewed from locations outside ofthe property, including points along
Interstate 64 and Bloomfield Road, the balloon could only be located after it was first raised to 20
feet above the tallest tree within 25 feet - 10 feet higher than the applicant's true request. Once
the balloon was reduced to the proposed height of the monopole it could be identified among the
tops of the trees. This was due to a combination of the topography surrounding the subject parcel
and vegetation immediately surrounding the site.
COMPREHENSIVE PLAN:
Because the proposed facility would be accessed from the existing logging road that will also
serve the previously approved facility, staff does not anticipate that a substantial amount of earth
disturbance will be necessary. Therefore, this request is being reviewed for compliance with the
recommendations of the Comprehensive Plan that mainly focus on the visual impacts that could
result from the presence of the facility's monopole and equipment building.
The Personal Wireless Service Facilities Policy is the component of the Comprehensive Plan that
provides specific guidelines for the siting and review of wireless facilities. Both the Open Space
Plan and Chapter 2 ofthe Comprehensive Plan, entitled Natural Resources and Cultural Assets,
provide staff with guidance for managing the County's natural, scenic and historic resources, and
for the preservation and conservation of those resources in order to protect the environment for
future use.
Personal Wireless Service Facilities Policy:
The guidelines set forth in the Personal Wireless Service Facilities Policy are focused largely on
reducing the visual impacts of wireless facilities from surrounding properties and roadways. The
wireless policy recommends the implementation of a three-tiered approval system to address
criteria related to the siting and design of new facilities. The first tier sets a preference for the
development of "stealth" facilities that can either be completely concealed within existing
structures, or attached to existing conforming structures. Tier Two calls for sites that can be
designed to blend in with the natural surroundings in a manner that assists in mitigating their
visual impacts. This proposal qualifies as a Tier Two facility. The standard conditions of
approval for Tier Two wireless facilities require the use of brown, treetop monopoles that extend
no more than 10 feet above the tallest tree within 25 feet, and related ground equipment that is
also painted brown.
2
Open Space Plan and Chapter 2:
. Chapter Two of the Comprehensive Plan, entitled Natural Resources and Cultural Assets,
provides guidance for protecting the County's natural, scenic and historic resources, and sets the
goals for preservation and management of those resources and the environment for future use.
The Open Space Plan Concept Map provides an inventory that identifies the areas where the
critical resources are present throughout the County. Some of the resources that have been
identified as potentially being impacted by this request are historic structures, mountains, the
entrance corridor overlay district for 1-64, forests and a conservation easement.
With consideration for the other components of the Comprehensive Plan, the Wireless Policy has
also identified various "Avoidance Areas". These are locations where the unwise siting of
personal wireless facilities could result in adversely impacting important resources. The
Comprehensive Plan designates mountains as major open space systems that provide scenic
views, naturally forested areas and wildlife habitat, and are recommended for protection in the
Rural Areas. Except when strategically sited and designed to minimize visibility and mitigate
their impacts ùpon the natural landscape, personal wireless facilities should not be located within
"A voidance Areas" such as mountains.
.
Staff recognizes that the Virginia Department of Historic Resources' data sharing system
identifies various structures on the Verulam Fann property as historic. Additionally, there are
also at least three other nearby properties containing historic structures. This includes the Abell
House which is located parallel to the subject parcel, on the south side ofI-64 on the property
currently referred to as "The Rocks". Although the ridge line serving as the location ofthe
proposed facility is located within the viewshed for most of these properties, the test balloon
could not be seen from the Verulam Mansion. This is due to the presence of several tall trees on
the incline west of the ridgeline and the proposed facility site. Furthermore, the balloon could
only be located from The Rocks, after it had been raised 10 feet higher than the actual proposal.
At approximately 976 feet above sea level, this site is located within the Mountain Overlay
District for the Ragged Mountains, which starts at the 800 foot contour interval. Chapter 2 of the
Comprehensive Plan provides several general standards for protecting mountain resources that
are very similar to the goals set forth in the Wireless Policy. This includes the minimizing
clearing, locating structures to make them unobtrusive in the landscape, and designing structures
to blend in with the terrain surrounding the site. Although it is located at the top of a ridge, staff
recognizes that the proposed site for this facility is largely level and would not require a
significant amount of clearing for installation and access. The balloon test indicates that the
monopole would only appear as a minor feature among the treetops that would have very limited
visibility from locations outside of the boundaries of the subject parcel. This is very similar to
the observation that was made for the previously approved facility at this location. Therefore, it
is staffs opinion that a second facility in the proposed location (particularly one with a brown
monopole) would not impose any significant visual impacts upon the nearby properties and
roadways.
.
The intent of the Entrance Corridor Overlay District as stated in the Zoning Ordinance is, in part,
"to implement the Comprehensive plan goal of protecting the county's natural, scenic and
historic, architectural and cultural resources, including preservation of natural and scenic
resources as the same may serve this purpose," and, "to protect the County's attractiveness to
3
tourists and other visitors; to sustain and enhance the economic benefits accruing to the County
from tourism." The Architectural Review Board addresses the aesthetic impact of all
development within the Entrance Corridor Overlay Districts. The ARB has reviewed this
proposal and recommends approval with conditions that are consistent with the design guidelines
that are applied to all development within the entrance corridors (Attachment E). Based on this
recommendation combined with fact that the test balloon could not be seen at its proposed height
while traveling in either direction on 1-64, it is staffs opinion that the proposed facility would not
impose any negative visual impacts upon the entrance corridor.
The forests surrounding the proposed site of this facility are another resource that is recognized
by the Open Space Plan as being present on the subject parcel. The Open Space Plan identifies
forests within Rural Areas as large areas that are contiguous with other forests or fannlands, have
the best soils for hard woods, and are not in subdivisions. When existing structures are not
available, the recommendations set forth in the Personal Wireless Service Facilities Policy favor
the practice of locating new facilities in forested areas where monopoles and ground equipment
can be designed to blend in with the natural surroundings. This includes the preference for using
brown structures that are no taller than the natural tree canopy so that they are not "skylighted"
against the horizon or alter the continuity of ridge lines. Because of the limited amount of
disturbance for the installation of this facility, and its distance from property lines, it is staffs
opinion that approval of this proposal would not greatly impact the naturally forested state of the
subject parcel, or any of the neighboring properties within the area.
Part N of the Open Space Plan, entitled Protection Techniques, suggests several of the
mechanisms that can be used to protect open space resources; this includes, but is not limited to,
the implementation of conservation or open space easements, and Agricultural and Forestal
Districts. The subject property is currently held by the Nature Conservancy under a conservation
easement. Although the County of Albemarle is not a party to this easement, staff recognizes
that the owner has voluntarily agreed to incorporate various provisions that are set by the parties
holding the easements, including restrictions on certain levels of development that can be
undertaken. In this particular instance a provision allowing the property owner to lease space for
one personal wireless service facility was granted and utilized for the previously approved
facility. The applicant, Nextel, is currently the process of renegotiating the easement between the
property owner and the Nature Conservancy to allow a second facility on the property.
RECOMMENDATION
Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the
Zoning Ordinance and recommends approval with the standard conditions of approval and some
additional conditions that would be specifically applied to this proposal.
ST AFF COMMENT:
Staffwill address the issues of this request in four sections:
1.
2.
Section 31.2.4.1 of the Zoning Ordinance; and,
Section 704 (a)(7)(b)(I)(II) of the Telecommunications Act of 1996.
4
1. Staff will address each provision of Section 31.2,4,1 of the Zoning Ordinance,
.
The Board of Supervisors hereby reserves unto itselfthe 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.
Staff notes that a concern for the proliferation of multiple wireless facilities within close
proximity has been brought forth in the review of past proposals for horizontal co-location of
more than one Tier Two wireless facilities on a single property. The proposed monopole facility
would be located only 23 feet from the monopole serving the previously approved facility.
Because the previously approved Omnipoint facility was not installed at the time of the field
visit, there was no way to gauge the expected visual impacts of both facilities. However, staff
does recognize that the observation of the balloon test for the current proposal did share some of
qualities that were the favorable in the review of the previously approved facility at this site.
.
The site of the proposed facility is located on a ridge, within a wooded area surrounded by large
trees that would assist in screening and camouflaging views from adjacent properties. This is a
result of both the location ofthis site within a wooded area where its mounting structure appears
to be similar in height to those of the nearby trees, and its distance from surrounding properties.
In fact, due to this site's isolated location, staff could not see an orange test balloon from many of
the nearby roads and properties until it was raised an additional 10 feet above the proposed height
of the monopole. It is staff s opinion that the proposed facility employing a brown monopole at
the requested height would be designed and situated so as not be an intrusive feature upon its
natural surroundings. Furthermore, the facility would not be of substantial detriment to adjacent
properties.
that the character of the district will not be changed thereby.
The preservation of the agricultural and forestal lands and activities, and conservation of the
natural, scenic and historic resources are listed among the stated purposes for the Rural Areas
zoning district include. Uses allowed by right in the in the Rural Areas are residential, and those
related to agriculture and forestal activities, while uses allowed by special use permit are most
often those that provide services in support of the by-right activities. Support for locating
facilities that comply with the recommendations of the Wireless Policy has not been uncommon
in the Rural Areas zoning district. The key purpose of the County's Wireless Policy is to site
these facilities in locations where there is minimal potential for intrusion upon the naturally
existing conditions in surrounding areas. It appears that the proposed facility in this particular
case would blend well into the natural surroundings as a result of the tall trees surrounding the
site, and its distance related to the nearby roads and adjacent property line,
I.
Once the facility has been constructed and is fully operational, staff does not expect that the
scheduled site visits would create a significant increase in activity or traffic within the area. As
with past applications for personal wireless service facilities, the applicant's request indicates
that the proposed facility would be unmanned and that service personnel would only have to
travel to the site once a month for routine maintenance visits. It is also anticipated that some
unscheduled visits will be necessary on occasions when electrical power for the site has been
interrupted unexpected occurrences such as adverse weather conditions. However, it is staffs
5
opinion that this schedule of infrequent site visits does not significantly increase traffic within the
area.
Whenever requests to allow horizontal co-locations are being reviewed, staff attempts to ensure
that the tree conservation plan for any existing facility is not altered to a point where the treeline
and canopy providing camouflaging of the mounting structure and ground equipment is not
compromised. The required tree conservation plan for the original facility showed that no trees
would be removed at this site. Because the site for this facility is located within the same
clearing as the approved facility, it still appears that none of the large trees providing
camouflaging of the proposed facility would be compromised.
Based on the factors cited above, it is staff s opinion that the character of the district would not
be changed by the approval of the proposed facility.
and that such use will be in hannony with the purpose and intent of this ordinance.
Staff has reviewed this request with consideration for the purpose and intent of the Zoning
Ordinance as stated in Section 1.4, and with further reference to Section 1.5,
Section 1.4.3 states, "To facilitate the creation of a convenient, attractive and hannonious
community," as an intent of the Ordinance. As evidenced by the expanded and rapid increase in
their use, mobile telephones clearly provide a public service. The establishment of personal
wireless service facilities expands the availability of communications opportunities and
convenience for users of wireless phone technology. In the event of emergencies, access to the
increased communication the opportunities provide wireless facilities can be consistent with the
accepted principles of public health, safety and general welfare. Although wireless facilities are
not often credited for enhancing the visual appearance of surrounding areas, the guidelines of the
Wireless Policy are intended to ensure that the facilities are not responsible for intruding upon
the important scenic resources that promote the attractiveness of the community.
Section 1.5 (Relation to Environment) states in part that the "ordinance is designed to treat lands
which are similarly situated and environmentally similar in a like manner with reasonable
consideration for the existing use, and character of properties, the Comprehensive Plan, the
suitability of property for various use...; and preservation of flood plains, the preservation of
agricultural and forestal land, the conservation of properties and their values and the
encouragement of the most appropriate use of land throughout the County." When they are
designed and sited properly, personal wireless service facilities have not proven to be
incompatible with any of the other agricultural and forestal objectives that are set forth for the
Rural Areas.
The introduction of the second wireless facility within the immediate area through the approval
this request would clearly increase the level of services that are available in the Rural Areas.
However, because of the limited visibility of this site it is also staffs opinion that if it is
approved with the recommended conditions this request could be approved in hannony with the
purpose and intent of the Zoning Ordinance.
6
.
.
.
with the uses pennitted by right in the district,
Aside from restrictions on tree cutting within a certain distance of the facility, approval of this
proposal would not act to restrict any of the established uses on the subject parcel, or the by-right
uses allowed on other properties within the Rural Areas district.
with additional regulations provided in Section 5.0 of this ordinance, and with the public
health, safety and general welfare.
Section 5 .1.12a of the Zoning Ordinance contains regulations for locating public utility structures
in a manner which "will not endanger the health and safety of workers and/or residents in the
community and will not impair or prove detrimental to neighboring properties or the
development of the same." The Federal Communications Commission's (FCC) regulations set
forth in the Telecommunications act address the most significant concerns for public health and
safety regarding personal wireless services. Staff has attempted to address the concerns for
possible impacts upon neighboring properties in the area throughout this staff report and in the
recommended conditions.
Section 5.1.40 of the Zoning Ordinance contains sets requirements for the submittal, review and
approval of applications for personal wireless service facilities. When these regulations are
combined with the recommendations of the Wireless Policy and standard conditions of approval,
it is staff s opinion that this special use pennit could be issued in compliance with the provisions
that state the concern for the public health, safety and general welfare.
2.
Section 704(a)(7)(b )(1)(11) of The Telecommunications Act of 1996:
The regulation of the placement, construction and modification of personal wireless
facilities by any state or local government or instrumentality thereof shall not prohibit or
have the effect of prohibiting the provision of personal wireless services.
The Telecommunications Act addresses concerns for environmental effects with the following
language, "No state or local government or instrumentality thereof may regulate the placement
construction, and modification of personal wireless service facilities on the basis of the
environmental effects of radio frequency emissions to the extent that such facilities comply with
the Commissions' regulations concerning such emissions." In order to operate the proposed
facility, the applicant is required to meet the FCC guidelines for radio frequency emissions.
These requirements will adequately protect the public health and safety.
Neither the Comprehensive Plan nor the Zoning Ordinance prohibits the provision of personal
wireless services. However, both do implement policies and regulations for the siting and design
of personal wireless facilities. The applicant has not provided any infonnation to demonstrate
the availability, or lack thereof, of any alternative sites to serve the areas that would be covered
by the proposed facility at this site. Therefore, it is staffs opinion that the denial of this
application would not have the effect of prohibiting the provision of personal wireless
communication services.
7
SUMMARY:
Staff has identified the following factors, which are favorable to this request:
1. A test balloon floated at the proposed height of the monopole was only slightly visible at
treetop level from a point located within the parcel boundaries;
2. The test balloon could not be seen from the right-of-way for 1-64, or from any of the other
nearby public roads until after it had been raised an additional 20 feet above the tallest
tree within 25 feet;
3. The proposed site for this facility is located more than 1700 feet from the nearest adjacent
rural property line;
4. This site is accessed by an existing logging road; and,
The following factors are relevant to this consideration:
1. The proposal represents the horizontal co-location of second personal wireless service
facility at this site;
2. This site is located within the designated Mountain Overlay District for the Ragged
Mountains; and,
3. There are existing and reasonable by-right uses that could be established on the subject
property.
RECOMMENDED ACTION:
Staff has reviewed this request for compliance with the provisions set forth in Section 31.2.4.1 of
the Zoning Ordinance and recommends approval with additional to the standard conditions, as
applicable to this request.
(In the event that the Board chooses to deny this application staff offers the following comment:
In order to comply with the provisions of the Telecommunication Act, staff requests consensus
direction from the Board regarding the basis for denial of the application and instruction to staff
to return to the Board with a written decision for the Board's consideration and action.)
Recommended conditions of approval:
The facility shall be designed. constructed and maintained as follows:
1. With the exception of any minor changes that would be required in order to comply with
the conditions listed herein, the facility including the monopole, the ground equipment
building, and any antennas shall be sized, located and built as shown on the concept plan
entitled, "SP 2004-012 - Nextel PartnershipNerulam Farm Conservation Group
LLC/Meechum", last revised May 25,2004 and provided with Attachment A.
2. The calculation of pole height shall include any base, foundation or grading that raises the
pole above the pre-existing, natural ground elevation.
3. The top of the pole, as measured Above Mean Sea Level (AMSL), shall never exceed
seven (10) feet above the top of the tallest tree within twenty-five feet. In no case shall
the pole exceed 101 feet in total height at the time of installation without prior approval of
an amendment to this special use permit or personal wireless facility permit.
8
·
·
·
4. The monopole shall be made of wood and be a dark brown natural wood color.
5. The ground equipment building, antennas, concrete pad and all equipment attached to the
pole shall be the same color as the pole and shall be no larger than the specifications set
forth in the application plans.
6. Only flush-mounted antennas shall be pennitted. No antennas that project out from the
pole beyond the minimum required by the support structure, shall be pennitted. However,
in no case shall the distance between the face of the pole and the faces of the antennas be
more than 12 inches.
7. No satellite or microwave dishes shall be pennitted on the monopole.
8. No antennas or equipment, with the exception of a grounding rod, not to exceed one-inch
in diameter and twelve (12) inches in height, shall be located above the top of the pole.
9. No guy wires shall be pennitted.
10. No lighting shall be pennitted on the site or on the pole, except as herein provided.
Outdoor lighting shall be limited to periods of maintenance only. Each outdoor luminaire
shall be fully shielded such that all light emitted is projected below a horizontal plane
running though the lowest part of the shield or shielding part of the luminaire. For the
purposes of this condition, a luminaire is a complete lighting unit consisting ofa lamp or
lamps together with the parts designed to distribute the light, to position and protect the
lamps, and to connect the lamps to the power supply.
11. The pennittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the
lease area shall not be pennitted.
12. Size specifications and other details, including schematic elevations of the antennas shall
be included in the construction plan package.
13. Site grading and all construction around the facility shall be minimized to only provide
the amount of space that will be necessary for placement of the monopole and equipment
building.
14. Details and cross sections for any future plans to upgrade the existing dirt logging road
shall be subject to review and approval by the County's Engineering Department
Prior to the issuance of a building pennit. the followin? requirements shall be met:
15.
16.
17.
Certification by a registered surveyor stating the height of the reference tree that has been
used to justify the height ofthe monopole shall be provided to the Zoning Administrator.
Prior to beginning construction or installation of the pole, the equipment cabinets or
vehicular or utility access, an amended tree conservation plan, developed by a certified
arborist shall be submitted to the Zoning Administrator for approval. The plan shall
specify tree protection methods and procedures, and identify any existing trees to be
removed on the site - both inside and outside the access easement and lease area. All
construction or installation associated with the pole and equipment pad, including
necessary access for construction or installation, shall be in accordance with this tree
conservation plan. Except for the tree removal expressly authorized by the Director of
Planning and Community Development, the pennittee shall not remove existing trees
within two hundred (200) feet of the pole and equipment pad. A special use pennit
amendment shall be required for any future tree removal within the two hundred-foot
buffer, after the installation of the subject facility.
With the building pennit application, the applicant shall submit the final revised set of
site plans for construction of the facility. During the review of the application, Planning
staff shall review the revised plans to ensure that all appropriate conditions of the special
use pennit have been addressed.
9
After the completion of the pole installation and prior to the issuance of a Certificate of
Occupancy or to any facility operation, the following shall be met:
18. Certification by a registered surveyor stating the height of the pole, measured both in feet
above ground level and in elevation above sea-level (ASL) using the benchmarks or
reference datum identified in the application shall be provided to the Zoning
Administrator.
19. Certification confinning that the grounding rod's: a) height does not exceed two feet
above the monopole; and, b) width does not exceed a diameter of one-inch, shall be
provided to the Zoning Administrator.
20. No slopes associated with construction ofthe facility shall be created that are steeper than
2: 1 unless retaining walls, revetments, or other stabilization measures acceptable to the
County Engineer are employed.
After the issuance of a Certificate of Occupancy, the following requirements shall be met:
21. The applicant, or any subsequent owners of the facility, shall submit a report to the
Zoning Administrator by July 1 of each year. The report shall identify each personal
wireless service provider that uses the facility, including a drawing indicating which
equipment, on both the tower and the ground, are associated with each provider.
22. All equipment and antennae from any individual personal wireless service provider shall
be disassembled and removed from the site within ninety (90) days of the date its use is
discontinued. The entire facility shall be disassembled and removed from the site within
ninety (90) days of the date its use for personal wireless service purposes is discontinued.
If the Zoning Administrator detennines at any time that surety is required to guarantee
that the facility will be removed as required, the pennittee shall furnish to the Zoning
Administrator a certified check, a bond with surety satisfactory to the County, or a letter
of credit satisfactory to the County, in an amount sufficient for, and conditioned upon, the
removal of the facility. The type of surety guarantee shall be to the satisfaction ofthe
Zoning Administrator and the County Attorney.
ATTACHMENTS:
A - Special Use Pennit Application and Conceptual Construction Plans
B - Parcel and Location Maps
C - Balloon Test Photos
D - ARB Recommendation
10
~:~ICEd1JW- Dj ~ TMP 0 l ±-o 0 -flO--C)fl- 0 -L ~TTACHMENT A
Sign# <85 ~ ~ Magisterial District: SH Staff: ¢lC Date:
· 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?): Mil. G;/'\i~"" '¥1!.opelZ.iy (/J~-t-I PMfAfe¡z ~ ¡¡It ¡ rf~t) M~e.<..n.......)
*Existing Use: Proposed Use: lh'¡¿ -e/l."s r.4C!-i'/3y
* Zoning District:
(*staff will assist you with this item)
Zoning Ordinance Section number requested:
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
DYES
DNO
DNO
.
Contact Person (Who should we call/write concerning this project?):\L&k (l, 'f. LJIJc, - Ass ()CA 'It Ie.. ' p1~ G;lA Ii. t LJoå::1s L'- Þ
AddressC¡)(.(llfSc¡u I}R{. Rldí 310l/'ti.. 5T CityChttfz!()f!et;y('í/f State VA ZipÁ)..702
Daytime Phone (lßLi) ~ì7 - J..ç'-l S' Fax # i./3~ -18'O-î.2fßE-mail V} Þ"x¡ c! Me 8J~,f.~ WG/C)d.:s , c Ii1.-\.
Owner of Record ~ VtllU 1A-w\ r412tt1 CùNSeRI/14fidN &'llor,f¡J. LLC/;1kJI8IJ ¡11~(;,q¡'fle.
Address 71 BlooM f;e./ j eel City C.~~/olleç(/¡,/I~ State ) If Zip).. 2.90
Daytime Phone em· :2.9 r - 3s7 ~ Fax # E-maillJe..e.~/""W\.~W\-{Jlh>J./.eQW"
Applicant (Who is the Contact person representing? Who is requesting the rezoning?):ÅJ (.. A-e / &~ ell 51/ tv, '¡ ¡, ~ bJ1 Ie. 7
Address __<:;/1)' gellNtJlLj DR S-f~).,cnJ City J2ÒAtJ~ke.. State LI,4 Zip). Yolt
Daytime Phone @)537' šQ2l! Fax # §Ljv,7J..f""-~-mail ß,ï/. !>41t) e ÁJe..IIe~M¡'IfK/lS. (!O~
Tax map and parcel: CJ) lidO - DO - 00- 0 (7 ðO
Physical Street Address (if assigned): 1"1 ælo()JielJ Ref. C¡1I1fl~Ik~(/~/4. 'III- ~2703
,
Location fpfoperty(1andmarks, intersections,orother):4PPfZCJ~/#t,,-fe!y I. / fI1;/.,S ESE d-P E/e¥
f (t.. (ø a J S R. to .
Does the owner of this property own (or have any ownership interest in) any abutting property? Iryes, please list those tax map and parcel numbers
AJO
OFFICE U
Fee amount $
.£^'~ Receipt # :<3!Sl By.
~Cial Use Permits:
CJ Variances:
ZMAs & Proffers:
.
o Letter of Authorization
.~~~
Concurrent review of Site Development Plan? DYES D NO
County of Albemarle Department of Building Code & Zoning Services
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
11
12/1/02 Page 1 of 4
ATTACHMENT A
Section 31.2.4.1 of the Albemarle County Zoning Ordinance states that, "The board of sUr -- . .---- ..-.--;
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 adjacent property, that the character of the district will not be
changed thereby and that such use will be in harmony with the purpose and intent of this ordinance, with
the uses permitted by right in the district, with additional regulations provided in section 5.0 of this
ordinance, and with the public health, safety and general welfare."
The items 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? St'e..
How will the proposed special use affect adjacent property?
'$è¿
¡f.Jh¡(! Ie ¿
,
I1-l4M.h< I
How will the proposed special use affect the character of the district(s) surrounding the property?
$~e A-If,d~d
How is the use in harmony with the purpose and intent ofthe Zoning Ordinance?
.ç.~ ~kl" c!
.
How is the use injnnOny with the uses pennitted by right in the distiict?
Sep (.f ~ -ed
What addit~z~ons provided in Section 5.0 ofthe Zoning Ordinance apply to this use?
~v'i4-
How will this use promo e the public health, safety, and general welfare of the community?
12/1/02 Page 2 of 4
'1 t)
.J..t..
ATTACHMENT A
Describe your request in detail and include all pertinent information such as the number of persons involved in
the use, operating hours, and any unique features of the use:
$p¿ v1-ff~~ {¿¿
ATTACHMENTS REQUIRED - provide two (2) copies of each
o 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.
o 2. Ownership infonnation - 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:
o 3. Drawings or conceptual plans, if any.
o 4. Additional Infonnation, if any.
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
~Iedge
3"//5/0 y-
o
Signature of Owner, Contract Purchaser, Agent
Mrd.¡c¡,., M ~Gv/~,- ( µ.qM<f/~)
.Print Name
lIe~ V/&U11 pews,.., ConS-eil' vat þ¡"
Date
Y3l.f- .1. Cf 5- 559S
Daytime phone number of Signatory
G~v¡o LLC,
12/1/02 Page 3 of 4
18
FEES
ATTACHMENT A
o Rural area division for the purpose of "family division" where all original 1980 development rights have been exhausted under
"family division" as defined under section 14-106 (15) of the subdivision ordinance = $220
o Rural area divisions = $1,240
o Commercial use = $980
o Industrial use = $1,020
o Private club/recreational facility = $1,020
o Mobile home park or subdivision = $980
o Public utilities = $1,020
o Grade/fill in the flood plain = $870
o Minor amendment to valid special use permit or a special use permit to allow minor expansion of a non-conforming use = $110
o Extending special use permits = $70
o Home Occupation-Class B = $440
o For day care centers - six (6) to nine (9) children = $490
o For day care centers - ten (10) or more children = $980
o All other uses except signs = $980
12/1/02 Page 4 of 4
~i
.J.. L,
ATTACHMENT A
·
McGuire (Nextel Partners, Inc. - VA 125)
What is the comprehensive plan designation for this property?
· Rurall Agricultural
How will the proposed special use affect adjacent property?
· The proposed WI-foot monopole will not adversely affect the adjacent property, as
the pole and antennas will not extend more than 10 feet above the top of the tallest
tree within 25 feet of the centerline of the pole, will match in appearance the
previously approved Omnipoint pole located 25' away, and the proposed facility will
be only minimally visible from adjacent properties located to the north, south and east
of the pole.
How will the proposed special use affect the character of the district surrounding
the property?
· The proposed wireless telecommunications facility is not inconsistent with the
existing development in the area, since it will be minimally visible from adjacent
properties, will not generate additional traffic or development, and preserves the
character of the area.
· How is the use in harmony with the purpose and intent of the Zoning Ordinance?
· The proposed facility is consistent with the County's preference for monopole
structures, which extend slightly above the treetops as discussed in the County's
wireless design manual, and for the use of flush-mounted antenna panels. In addition,
wireless telecommunications services provide an important public service to the
community by creating a "convenient, attractive, and harmonious community,"
consistent with the intent of the Zoning Ordinance. Also, wireless
telecommunications provides emergency communications for individuals, businesses
and tourists in Albemarle County, an important component of public health and
safety. This location was recommended by staff based upon the previous approval of
the Omnipoint facility at this location.
How is the use in harmony with the uses permitted by-right in the district?
· The proposed facility will not restrict the current uses or other by-right uses available
at this property or by-right uses on any other property.
What additional regulations provided in Section 5,0 of the Zoning Ordinance apply
for this use?
·
· Section 5.1.12, which outlines public utility structures and uses, and Section 5.140
regarding Personal Wireless Service Facilities.
-- 1"::
.J. .1
ATTACHMENT A
How will this use promote the public health, safety, and general welfare of this
community?
.
The proposed facility will provide increased and improved wireless
telecommunications services to this portion of Albemarle County, especially
emergency communications, and will increase overall communication services.
Emergency communications is an important component of the provision of public
health and safety.
Describe you request in detail and include all pertinent information such as
numbers of persons involved in the use, operating hours, and unique features of the
use:
Nextel Partners, Inc. ("Nextel Partners") requests a special use pennit to
construct, maintain and manage a wireless telecommunications facility on property
owned by Verulam Fann Conservation Group, LLC,identified as tax map parcel 07400
000001700. The facility would be comprised of a wood monopole with flush-mounted
antennas, along with the necessary transmitting and receiving equipment. The pole will
naturally dark brown, or stained dark brown in color. The antennas and ground
equipment would all be painted a flat, dark brown color.
Nextel Partners is negotiating a sublease agreement with the Omnipointff-
Mobile, lessee of an 800 square foot lease area with the facility located entirely within
this area. The facility will be accessed by an existing driveway to a path that will be
upgraded and graveled to reach the lease area. The facility will emit no noise, odor, or
glare. Nor will it interfere with television or radio reception in the surrounding areas.
The facility will not be lit unless so required by the Federal Aviation Administration.
The pole will use three panel antennas with the following dimensions: 96" long, 12"
wide, and 7" deep.
Nextel Partners' FCC license requires it to operate its system in a defined service
region using designated radio frequencies. Each site must be precisely located relative to
other facilities within the network to ensure that Nextel Partners complies with the tenns
of its license. The network requires a facility at this location to avoid a gap in service to
this portion of Albemarle County.
Nextel Partners, after discussions with planning staff, carefully selected and
designed the proposed facility to provide a structure that provides adequate height and
range of coverage, minimizing the visual impact of the proposed facility on adjacent or
nearby properties. Location of the facility on this parcel will enable Nextel Partners to
construct the facility with only a minimal amount of grading and clearing.
The subject parcel is zoned Rural/Agricultural. The surrounding properties within
2000 feet of the proposed facility are primarily used for rural residential and agricultural
purposes. Included with our application is a large copy of the topographical map of the
property. On this topographical map, we have drawn a 2000-foot radius around the
if)
ATTACHMENT A
centerline of the proposed pole. The tract of land on which the site is located contains
· 2.78 acres.
A surveyor has estimated the tallest tree within 25 feet of the proposed facility to
be 91 feet with a base elevation of 976 feet ASL, and a top elevation of 1,067feet ASL.
The height, location, base elevation and top elevation of numerous other trees within
close proximity of the proposed pole are shown on the enclosed plans. Nextel Partners
requests a pole 10 feet over the tallest tree within 25 feet of the centerline of the proposed
pole, which corresponds to a 126-foot pole, A pole at this height and at the location
specified would have a base elevation of 975.8 feet ASL and a top elevation of 1,075.8
feet ASL. This proposed height will enable the signal from the antenna to extend over
and beyond the trees around and near the pole. Nextel Partners will work with the
Planning Department Staff to conduct a visual impact study analysis with a balloon to
demonstrate that the facility will only be minimally visible from State Route 637,
Interstate 64, and surrounding properties.
The proposed facility was designed to strictly comply with the County's wireless
design manual. The antenna panels will be flush-mounted to the pole and will not extend
above the top of the pole. The pole will be dark brown and the antenna panels,
equipment cabinet and cables will all be painted a flat, dark brown to match the color of
the pole. In addition, the concrete pad will be tinted earth tone. The color of the pole and
the ground equipment will enable the facility to effectively blend in with the wooded
area.
·
Once constructed, the facility will be visited approximately one time per month
for routine maintenance checks. The facility will not impact the provision of services by
Albemarle County. As a telecommunications facility, this proposal will serve the public
health and safety of the community by fostering increased communications, especially
emergency communications. Most importantly, due to its design and precise location and
siting, the facility will only be minimally visible from nearby roads and residences.
\\REA\164751.1
·
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ATTACHMENT A
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5029 CORPORATE \VOODS DRIVE
Office: 757-490-7200
SUITE 225
VIRGINIA BEACH, VA 23462
FACSIMILE TRANSMITTAL SHEET
TO: /t.¡.,q ;(1 Md
COMPANY:
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FAX NUMBER:
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TOTAL NO. OF PAGES INCLUDING
COVER:
757-839-0605"
SENDER'S FAX NUMBER: 757-490-6195
·
DATE:
SENDER'S PHONE NUMBER:
TilE I/'IFORMATION CONTAIN!!:D IN THIS FAX MeSSAGE IS ATTORNI!:Y,Cl.IENT PRIVIl.K(;F.o AND
CON I'! I> EN T I AI., IN TEN 0 E D r 0 It T II It us t: u Y T Ii I! IN l' I!: /'I D ~: D I! Eel P I R N T 1'1'\ /rll! 0 A ß 0 V K. 1FT II E
READI!:R 01' THIS MESSAC!!: IS 1'101' TilE 1/'I1'K/'IOEI> RECIPIENT. YOU AI!E HElllCRY NOTtFIEo THAT
-
"'!'Iy DISSEMINATION. IJtSTlUUUTION. OR COPYING 0.' TIllS MESSAGK IS PROHIIII,.EI>. IF YOU I!A'
RI>C¡';¡YI;:U THI~ COMMU,·H!.:.\TIÜN .'~ [!tltUI!, "I.t:.\$1:: IMiloII':UIATELY NOTIFY US BY 1'RI.RPIII\NIf ...
19
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ATTACHMENT A
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.<\..RTICLES OF ORGANIZA TTON
OF
YERULAiV1 FARM 'cONSERV A TIÓN GRO UP 7 LLCT
,
Pursuant to Chapter 12 of Tide 13.1 of the Code of Virginia.. the undersigned srates as
[cHows:
1. The name oflhe: limited liabilj[y company is Verulam Farm Conservation Group, LLC.
Z. The address of the iniual rc-gistercd of.ficc: in Virginia is 123 East Main Street. gill
FloaT. Charlottesv11le. Virginia., 23902 located in the City of Charlottesville.
3. The name ami address of the initial tcgisterc:d agent is Steyen W. Blaine, c/o LeClilÌr
Ryan. A Professional Corporation 123 East Main Streer, 8t11 Floor. CharlonesV11Ie.
ViI'ginia. 23902. The initial registered agent is an individual who is a resident of
v irginia and a member of rhe ViI'girùa S tare Bar.
4. . The; address of the princIpal office where the records will be maimamed pursuant to
Virgipia Code SectioIl 13.1-1028 is 99 Bloomfield, Road, Charloltesville, Virginia
2Z903.
5_ The period of duration of the limited liability company is perperual.
6_ No member oÏ the company or other person shall ha.ve authority to act for or bind th~
company unless (a) the me.mber or persoIlls a. manager. appointed by a majority of the
mcmbas oÎ the: company in accordance with the agreement, aJ1d (b) we: member or
person is autnorized ~ a m;w,agcr to so act or bind the company pursu.ant to rht:
agreement or ¡my yote, resolution, or consent of a. majoriry of the members in
accordance with the agreemenL .Any third party ùt:aling with a membcr 01' other pt:OSon
may rely without liability on the authority of sucn mernbc:r or person as a rnanag~ or
officer 10 act for or bind the company provided that (a) such member or person presents
the third party wilh a signed $t~tement Ctnifying that he is eirher a manager or officer of
the company and has such aumority, and (b) the ÙlÏId parry has no knowledge or notic~
that such member or person lacks such authority.
Signature:
~ iffi- -,
Io .' Rame~OrganiZeI
3/' (.VC?---
Dae
20
UMITED LIABILITY COMPANY RESOLUTION TO BORROW I GRANT
COLLA TERAL
ATTACHMENT A
Company:
VerUlam Fõlrm Conserv;lIjon Group, LLC
5918 Telegraph Road
Alexandria, VA 2231D
~~-
Lender:
Bank of America, N.A.
CLSC-Private
NC1-Dl4-13..()2
1111 East Main Street
Richmond, VA 23219-3500
.
I. THE UNDERSIGNED. DO HEREBY CERTIFY THAT:
THE COMPA~Y'S E~rS!ENCE- The com~lete and correct name òt the Company is VerUlam Farm Conservation Group, LLC ("Company'). The
Company IS a ftmlted Il3bjllly company whIch IS, lind al an tImes shall be. ~Uly organiZed. validly existing, and in good standing under and by virtue of
the .Iaws of th,;, Commonwealth of VlrglOla. .The Company IS dul~ autho( 2:ed \0 transact business in wi Olher slates in which the Company is dOÌl'lg
bus~ss. having obtalOed al necessary hllf1gs, governmental licenses and approvals for each stale in which the Company is doing business.
SpecifICally. the CoI:"pany is, and at all times S~I be, duly q~ali ed ~~ a (oreign limiled liability Company in all stales in whiel1 the failure to so qUalify
would have a "";Itena! ~dverse eH.9Ct on lIs business or finanCial condltlOl'l. The Company has Ihe full power and authority to own its properties and to
lransact ,the buSIl18SS In which Ills presently engaged or presently proposes 10 engage. The Company maintains an offiçe ,,\ 51;116 Telegraph Road.
AJexandrla. VA 22310. Unless the COmpany has designated otherwise in writing, the prir.cipal oHice is Ihe office at which the Company keeps ils
books and records. Tho Company wijl nOlily lender prior to any change in the location of Il1e Company's state of organize lion or any change in the
Company's name. The Company shall do all things nece:¡sary to preserve and to keep in lUll lorce aJ'Id effect ils eJdstence, rights and privileges, and
shan comply wilh all reguJations, rules, ordinances, slelutes, orders and decrees 01 any governmental or QuaSi"\)Ovemmental authority or COurt
applicable to the Company and thR Company's business activities.
RESOLUTIONS ADOPTED. At a meeting 01 the members 01 Ihe Company. duly called and held on July 29, 2002, al which 02 quorum was present and
voting. or by othêr duly aUlhoriZed action in lieu 01 a meeting, the resolutions set forth in 1his Resolullon were adopted.
MANAGER. The following named person is a manager of Verulam Farm Conservation Group. LLC:
NAMES J:!I1ê AUTHORIZED
Melton McGuire
Managing Member
y
x
---;;0 ACT~A TURE:S
~~ ~~..
ACTIONS AUTHORIZED. The au1hor;zed person listed above may entcr into any agreements of any nature with Lender, and those agreements will
bind the Company_ Specifically, but wilhout limi1ation, the authorized person is aUlhorized, empowered. and directed to do !he following for and on
behall 01 the Company:
Borrow Money, To borrow. as a ccsigner or otherwise, from time 10 time Irom Lender. on Such Icrms as may be agreed upon b&tween the
Company Bnd Lender, such sum or sums 01 money as in his or her Judgment shoutd be bOrrowed. without timilation.
E:<vcu111 Notes. To e1l'ecule alld deliver to lender the promissory note or notes. or olher evidence ot the Company's credil accommodations. on
Lender's forms, at such rates at interest and on such terms as may be agreed upon, evidencing the sums 01 money so borrowed Dr any of the
Company's indebtedness to Lender, and also to execute and deliver to lender one or more renewals, extensions, modifications, retinancings.
consolidations. or substilutions (or one or more of the notes, any portion of the noles. or any other evidence 01 credit acCOmmOdalions.
. Grant Security. To mon:gaga. Pledge. transfer, endorse, hypothecate, or othef"lllise encumber and deliver to Lender any property now or
hereafter belonging to the Company or in which the Company now or hereafter rnilY have an interesl. including without lim~ation all real property
and all per5( nal property (Iangible or intangible) 01 1he Company. as security for the paymenl of ðIlY loans or credit accommoclations so obtained,
any promissory nares so executed (including any amendments to or modiflCatJOCls, renewals, and exlensions of such promissory nOles), or any
olher or further indebtednes3 0/ the Company 10 lender at any time owing, however !he same may be evidenced. Such property may be
mortgaged, pledged. Iranslerred, endorsed, hypothecaled or encumbered at the time such loans are obtained or such indebtedness is incurred,
or at any Olher time or times. and may be either in addition to or in lieu of any property theretofore mortgaged. pledged, transferred, enoorsed.
hypothecated or encumbered.
Execute Seçurity Documents. To execule and deliver to Lender the :orms or mortgage, deed 01 IrUSl, pledge agreemenl, hypothecalion
agreement. and other security agreements and financing statements which lender may require and which shall evidence Ihe terms .3nd conditions
under and pursuant to which suçh lien:¡ and encumbrances, or any of them, are given; and also to execute and deliver to Lender any other written
instruments, any chaltel paper. or any other conateral, of any kind or nalure, which Lender tray deem necessary or proper in connection wilh or
pertaining to the giving of the liens and encumbrances.
Other Actions. Other Actions. To enter into one or more agreemenls with Leoder or an affilialQ of Lender which provides for an intera:;t rate,
credt. commocIily or equity swap, cap, øoor, COllar. forward toreign exchange Iransaclion, currency swap, cross currency rate swap. currency
option, securities PUis, calls, collars. options or forwards or any combinalion of, or oplion wilh respect 10. these or similar Irnnsacllons, which
agreements may be oral or in wri~ng lcollectively, "Hedge Agrvements"¡ and 10 execute and deliver any master agreement and the refaled
SChedUle, confirmation or other agreement or certificale as lender or its affiliale may require relating to such Hedge Agreements. including without
limitatlol'l, any security or othcr Co/lateral documentation as Lender or Its affiliale may requ"e in connection therewith.
Negollare Items. To draw, eOdorse, and discount with Lender all drafts. trade accep1aJ\Ces, promissory notes: or olher evidences 01
indebtedness payable 10 or belOnging 10 the Company or in which the Company may have an ¡merest, and el1her to receIVe cash lor the same or
10 cause such proceeds to be crediled 10 the Company's account with Lender, or 10 cause such other disposilion of the proceeds derived
therefrom as he or she may deem advisable.
Funher Acts. In !he case of lines of cradic. 10 designate additional or aJtell1ate individuals as being authorized to request ¡sdvances Under such
nnes. ana in aN cases, to do and perform such other acls and things, 10 pay any and aU fees and costs, and 10 execute and deliver such other
documents and agreements, Including agreements waiving the rIght to ¡¡ trial by jury. as I~ manag~ may in his or her discretion deem
raoSonably neçessary or proper in order to carry inlo effecllhe provisions of !his Resolution.
ASSUMED BUSINESS NAMES. The ComPany has filed or reccxdlild all docum9l11S or filings required by law relating 10 all assumec/ business names
USed by !tie Company. Excluding Ihe name of the Company. the following is a comp:Elle lisl of aU assumed business names Uncler Which the Company
does business: None.
NOTICES TO LENDER. The Company wiJI promplly notify Lender In writing at Lender's address sttown above (or such other addresses as Lender
may deslgnale from time to time) prior 10 any lA) çh3nge In the Company's name; (8) change in the Company's assumed bushess name(s); IC}
change ill !he management or in the Managers 01 the Comp;lny; {OJ change in Ihe authorIZed signe/(s}; (E) c~ng8 in the Comp~y's principal otfice
~5: (F) change in the Company'S state of organization: (G) conversion of the COI1'1 Jðny 10 a new or different type 01 business entrry; o.r (H)
~ i:~~.Other aspecl or the Company thaI directly ~r indirectly relates to any agreements between the c~mpany and Lender. Na change .n the
n¡
t:..r
LIMITED LIABILITY COMPANY RESOLUTION TO BORROW I GRANT COLL
Loan No: 51·625796/NEWITW (Continued)
ATTACHMENT A
Page 2
Company's name or s131e of Otganization will take effect unlil alter Lender has received notice
CERTIFICATION CONCERNING MANAGERS AND RESOLUTIONS. The manager named above is duly elected, appointed, or employed by or lor
the Company, as the case may be, and occupies th~ position set opposite his or oer respective name. This Resolution now stands 01 record on the
books of the Company, is in fufl force and effect, and has not been modified or revoked In any manner whatsoever.
CONTINUING VALIDITY. Any and all acts aultlonzed pursuant to Ihis Resolution ana per10rmed prior 10 the passage ollhis Resolution are hereby
ratified and approved. This Resolution shall be continuing, shall remain in luU force and effect and Lender may rely on il unlit written notice of its
revocation shall have been delivered 10 aM received by Lender at "ender's eddress shown above (or such addresses as Lender may designale from
lime to time). Arry such notice shaD not affect any 01 the Company's ~greements or commitments in effect at the time notice is given.
IN TESTIMONY WHEREOF, I have hereunto set my hand ¡¡nd attest that the signature set opposite the name listed above is his or her
ganuine signature.
I have re:ld all the provisions 0' this Rcsolution, and I personally and on bilhalf of the Company cenify that all statements and representations
made in thIs Resolution are true and correct. This Limited Liability Company Resolution to Borrow I Grant Collateral is dated July 29. 2002.
THIS RESOLUTION IS GIVEN UNDER SEAL AND IT 15 INTENDED THAT THIS RESOLUTION IS AND SHALL CONST1TUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCOROING TO LAW.
CERTIFIED TO AND ATTESTED BY:
x~~~
Authorized Signer
(Seal)
NOTE: tI tno maraAðr sion'ng th;s Res.ol\J\i~ is døsign;)led by the torøootng docurY\C'll\ as. ene cllhe nt3l'4g8i3 4Ulhoozed to ¡U;t on the COO'Paf\y"S ~an. d is ;¡avISeþle-1O have 'his
Resolution. signed by al \eaS1 one non-aulhonzec mano.qgr D11h' COtTIpany.
- -
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ATTACHMENT A
Draper Aden Associates
r.".,n~rrlnl . Svr\'f~i.lt· [1I,itoMl~" S~
8090 ViDa Park Drive Blacksburg. VA
Richmond. VA 23228 Charlouesvil1e. VA
804-264-2228 Hamplon Roads. VA
Fax: 804-264·8773 Raleigh·Durflam. NC
www.daa.com
APPROVED FOR ZONING
RF
NETWORK
OPERATIONS
NEXTEL PARTNERS, INC.
5115 BERNARD DRIVE.
SUrTE 200
RO....NOKE. VA 24018
PROPERTY OWNER OR REP.
CONSTRUCTION
ZONING
REAL ESTATE
~~:
OTHER
SHEET INDEX
TITLE SHEET
SURVEY EXHIBIT
ENLARGED SURVEY EXHIBIT
ADJACENT PROPERTY ¡NFORMA~ON
SP 2004-012
NEXTEL
PARTNERS
PROJECT DESCRIPTION
THIS PROJECT CONSISTS OF THE LOCATION OF NEW ANTENNAS ON
AN PROPOSED 101' HIGH BROWN POLE TOWER. NEW EQUIPMENT WILL
BE lOCATED WITHIN A PROPOSED PAINTED/TINTED EQUIPMENT
SHEL TER.
FROM ROANOKE: TAKE 1-81 TOWARD STAUNTON TO 1-64. TAKE 1-64
EAST TOWARDS CHARLOTTESVIllE TO EXIT 1114 (RT 637) DICK WOODS
RD TURN ONTO (637) DICK WOODS RD NORTH. FOLLOW FOR 3 MILE TO
BRooMFlELO RD. TURN RIGHT ONTO BROOMFIELD RD FOllOW FOR ~
MILE UNTIL YOU SEE BLACK MAILBOX WITH 99 BROOMFIELD & VERUlAM
FARMS. TURN RIGHi INTO DRIVEWAY AND FOLLOW TOWARD HOUSE.
ACCESS TO SITE IS ON LEFT NEAR GREENHOUSE JUST BEFORE THE
HOUSE.
ANTENNA SCHEDULE
AND
DETAILS
NOTES
EQUIPMENT SHELTER
SITE DIREC1lONS
.
SITE DETAIL PLAN
TOWER ELEVATION
CIVIL
CIVIL
T1
C1
C1A
C1B
C2
C3
C4
C5
C6
SITE NAME
VERULAM FARM CONSERVATION GROUP LLC/
MEECHUM
SITE NUMBER
VA 125P
SITE ADDRESS
99 BLOOMRELD ROAD
CHARLOTIESVlLLE, VA 22903
SUBUTT ALS/REVISIONS
Ho. DESOIIP1IOII DAlE
...!... lCIIING DIAlING IS!lEJ ræ IIE\1OI 02/11/0'
.1.. ZOIItG æAMIIIi /$SIJID P£R ClllllÆHTS DJ/12/D1
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SItE NO: VA12S1'
DRA~ BY: SJS
OŒOŒD BY: JS
SCALE: AS N01!II
nTlE:
TITLE
SHEET
S11'E: VA125P
MEECHUU
99 BLOOMFIELD ROAD
CHARLOTTESVILLE, VA 22903
-
SHEET NUMB!
T1
JOB, R04130 -
°'1
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LATITUDE: N38·01'.39.78" (NAD 83)
LONGITUDE: W78·3S'04.01" (NAD 83)
GROUND ELEV.: 975.8' (NAVD 88)
VlCINrrY MAP
NOT TO SCALE
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APPLICANT
NEXTEL P,IRTNERS
5115 BERNARD DRWE
SUITE 20G
ROANOKE, VA 24D18
PH: 540-725-4905
FAX: 540--725-4950
CONTACT: MONIQUE FRUIT
SPRINT
CONTACT: CUSTOMER SERVICE
PHONE: 800-370-6105
jj¡,L.Y 2
2004
¡:;
.
PROJECT SUMMARY
LANDLORD
LLC
DOMINION VIRGINIA POWER
ONE JAMES RIVER PLAZA
701 EAST CARY STREET
RICHMOND, VIRGINIA 23219
PHONE: 1-888-667-3000
VERULAM FARM CONSERVATION GROUP
99 BLOOMFIELD ROAD
CHARLOTIESVlLLE, vA 22903
CONTACT: MELTON C. MCGUIRE
PHONE: (434) 295-3595
CONSULTANTS
CIVil/SURVEYING
DRAPER ADEN ASSOCIATES
8090 VILLA PARK DRIVE
RICHMOND, VIRGINIA 23228
PHONE: 804-264-2228
FAX: 804-264-8773
unLmEs
SITE INFORMATION
JURISDICTION: ALBEMARLE COUNTY
TAX MAP & PARCEL NO: 07400 00 00 01700
D.B.: 2343 PG 358
CODE: BOCA
OCCUPANCY: CO-LOCATION
ZONING: RA-RURAL AREAS
CONSTRUCTION TYPE: PREFABRICATED
MISS UTILITY
CON'TRACTOR TO CAll 48
HOURS BEFORE DIGGING!
PHONE: (800)552-7001
CONTRACTOR RESPONSIBLE FOR
DAMAGE OF EXISTING UTilITIES
DURING CONSTRUCTION
SITE LOCATION
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SI5'43'26'£
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ElI t.1MtrlaC" su",.,18lw ElIYVolllDlnol s.ntca
8090 Villa Park Drive Blacksburg. VA
Richmond. VA 23228 Charlollêsllille. VA
804-264·2228 Hampton Roads, VA
Fax: 804-264-8m Ralelgh-Dumam. NC
www.daa.com
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3. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT 0'" A TITLE
REPORT. SUBJECT TO ALL RIGHTS, EASEMENTS, COVENANTS OR
RESTRICTIONS OF RECORD. SUBJECT TO ANY STATE OF FACTS
THAT AN UP-TO-DATE ABSTRACT OF TITLE WOULD DISCLOSE.
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5. POWER AND TELCO UTILITIES ARE SHOWN FOR
REPRESENTATIVE PURPOSES ONLY. CONTRACTOR IS TO
COORDINATE UTIUTY SERVICES WITH LOCAL UTILITY SERVICE
PROVIDER AND NEXTEL AND OMNIPOINï CONSTRUCTION
REPRESENTATIVES.
4. AVERAGE TREE HEIGHT WITHIN 50' OF TOWER
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........
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6. NO SITEWORK/GRADING IS PROPOSED AS PART OF THE
INSTALLATION OF THE PROPOSED MONOPOLE AND EQUIPMENT
SHELTER. NO IMPROVEMENTS TO THE EXISTING ROAD ARE
PROPOSED. CONTRACTOR IS TO COORDINATE ALL SITE WORK
WITH NEXTEL CONSTRUCTION REPRESETNATIVE AND ENGINEER.
_ - - - ANY DEVIATIONS OR CHANGES FROM THE PLANS ARE TO BE
COORDINATED WITH NEXTEL CONSTRUCTION REPRESENTATIVE,
ENGINEER, AND COUNTY OF ALBERMARLE.
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ATTACHMENT A
~
G
Draper Aden Associates
E....tm... Sanlt)'ll,l. ~SenItII
8090 Vila Park Drive BllICksburg, VA
Richmond. VA 23228 ChanotlesYiIIe, VA
804-264-2228 Hampton Roads, VA
Fax: 8Q.4-264-8TT3 Raleigh-Durham, NC
www.daa.com
_P:.tìnel&tNc
.. . ..., ,.. . .
NEX1EL PAR1NERS. 1He.
5'15 BERNARD DRIVE.
SUITE ZOO
ROANOKE. VA Z4018
SUBMITTALS/REVISIONS
NO. ŒSCRIP1DI om
, ZONNG WilliG ISSJII Fa! IIE'4W 02/18/04
2 2CINJIC ORAYIUIC ISS\lED PER COIuDnS 00/12/0<
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1
.n: NO: vmSI'
)II'''"' BY: Rm
Cl£Q([!) BY: T~D
SCAl£: I116111118JEO
TITlE:
CIVIL
DETAILS
SITE: VA125P
MEECHUM
99 BLOOMAELD ROAD
CHARLOTTESVILLE, VA 22903
-
SHEET NUMBER:
C4
JOS I NO" 30
29
FENCING AND ARMORING
CORRECT METHODS OF TREE FENCIN
...
",. CORRECT TRUNK ARMORING
TRIANGULAR BOARD FENCE
Source: Va. oscw Ploh 3.38-':
- TREE PRESERVA TIOt-! & f'ROTECTION
3
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.
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OF CRUSHED STONE SURF ACE
UMI1S
SHEEI FlOW NSIALlAnON
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1
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HIGHER 1IWI POINT B.
NSTALlATlON
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SILT FENCE DETAIL
NOT TO SCALE
(WITHOUT WIRE: SUPPORT)
GEOlEX11lE FABRIC
MIRAFl 500 X GROUND STABIUZATlON FABRIC
POINTS A SHOUlD BE
ORAJNAG£
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A TT ACHMENT A
Draper Aden Associates
E."....rIn.. SUI'W)Iac. Knnr-mmbJSnWf't
6090 Villa PaI1< DIive Blaeksburg, VA
Richmond, VA 23228 Charlottesville, VA
804-264·2228 Hamplon Roads, VA
Fax: 604-264-ðm Ralelgh·Durham. NC
www.daa.com
[.~Ba~_iì~~j
NEXm. PARTNERS, INC.
5115 BERNARD DRI\IE,
sum: 200
ROANOKE, VA 24018
suet.m' ALS/fIEVISIONS
NO. DESælP1ItW D~r¡
_ Willi; ISSJÐ) FIlA RE'ÆW 02/18/04
2 2DI8NG DRAIIING ISSJID I'IJ! aJIIID 1S 03/12/04
~ Z08NG []!AIIHG RroIB PER ~NOOS r15/24/04
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EOUIPMENT
SHELTER
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MEECHUM
99 BLOOMFIELD ROAD
CHARLOTIESVlLLE, VA 22903
-
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TO MANUFACTURER INFORMATION AND/OR
ARCHITECTURAL, ELECTRICAL, AND
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A rTACHMENT C
.
COUNTY OF ALBEMARLE
Departmel1t of Planning & Community Development
401 Mcintire Road, Room 218
Charlottesville, Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 4012
December 16, 2003
Ambre Blatter
Omnipoint T Mobile
5029 Corporate Woods Drive
Virginia Beach, VA 23462
RE: SP-2003-64 Verulam Farm-VA 32344 Omnipoint (Sign #12,13,14)
Dear Ms. Blatter:
The Albemarle County Planning Commission, at its meeting on December 2, 2003, by a vote of 6:0,
recommended approval of the above-noted petition to the Board of Supervisors. Please note that this
approval is subject to the following conditions:
The facilitv shall be desiqned, constructed and maintained as follows:
1. With the exception of any minor changes that would be required in order to comply with the
conditions listed herein, the facility including the monopole, the ground equipment building, and
any antennas shall be sized, located and built as shown on the concept plan entitled, "Crown
Communications CAP Operations, LLC (McGuire #2)", dated July 24, 2003 and provided with
Attachment A.
2. The calculation of pole height shall include any base, foundation or grading that raises the pole
above the pre-existing, natural ground elevation.
3. The top of the pole, as measured Above Mean Sea Level (AMSL), shall never exceed seven (7)
feet above the top of the tallest tree within twenty-five feet. In no case shall the pole exceed 98
feet in total height at the time of installation without prior approval of an amendment to this special
use permit or personal wireless facility permit.
4. The monopole shall be made of wood and be a dark brown natural wood color.
5. The ground equipment cabinets, antennas, concrete pad and all equipment attached to the pole
shall be the same color as the pole and shall be no larger than the specifications set forth in the
application plans.
6. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole
beyond the minimum required by the support structure shall be permitted. However, in no case
shall the distance between the face of the pole and the faces of the antennas be more than 12
inches.
7. No satellite or microwave dishes shall be permitted on the monopole.
8. No antennas or equipment, with the exception of a grounding rod, not to exceed one-inch In
diameter and twelve (12) inches in height, shall be located above the top of the pole.
9. No guy wires shall be permitted.
10. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor
lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully
shielded such that all light emitted is projected below a horizontal plane running though the lowest
part of the shield or shielding part of the luminaire. For the purposes of this condition, a luminaire
is a complete lighting unit consisting of a lamp or lamps together with the parts designed to
distribute the light, to position and protect the lamps, and to connect the lamps to the power
supply
11. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease
area shall not be permitted.
34
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·
·
c
3
16,2003
(90) days of the date its for personal wireless purposes is discontinued. If the
Administrator determines any time that surety is required to guarantee that the facility will be
permittee shall furnish to the Zoning Administrator a certified check, a
bond County, or a letter of credit satisfactory to the County, in an
amount sufficient for, and conditioned upon, the removal of the facility. type of
guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney.
be that the Albemarle County Board will review this petition and
public comment at their meeting on January 14, Any new or additional information regarding your
appHcation must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your
scheduled date.
If you should have any questions or comments regarding the above noted
to contact me (434) 296-5823.
do not
Sincerely,
Stephen Waller
Senior Planner
SW/jcf
Cc: Ella Carey
Amelia McCulley
Jack Kelsey
Steve Allshouse
3R
·
·
·
D
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"0
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·
41
·
·
·
ATTACHMENT E
.
COUNTY OF ALBEMARLE
Department of Community Development
Planning
401 McIntire Road, Room 2 18
Charlottesville, Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 4012
May 26, 2004
Valerie Long
McGuire, Woods LLP
Court Square, 310 Fourth Street
Charlottesville, VA 22902
RE: ARB-2004-37 Verulam Farm Conservation Group, LLC; Tax Map 74, Parcel 17
Dear Ms. Long:
The Albemarle County Architectural Review Board, at its meeting on May 17, 2004, completed an
advisory review for a Special Use Permit and Preliminary Review of a Building Permit. The Board took
the following actions:
Regarding the Special Use Permit, the Board by a vote of 5:0, forwarded the following recommendation to
the Planning Commission for the above-noted petition:
The ARB has no objection to the Special Use Permit.
Regarding the Preliminary Review of a Building Permit, the Board by a vote of 5:0, approved the proposal
as presented, with the following conditions to be administratively approved by staff.
1. Include a note on the plan indicating that the antennas will be mounted such that the top of
the antennas will not rise above the top of the pole.
2. Indicate on the plan tree conservation measures (Le., tree protection fencing, etc.).
3. Include on the plan a note indicating that lighting is only for temporary short-term
maintenance use.
Please provide 2 copies of the revised drawings or other information addressing each of these conditions
at your earliest convenience. Include a memo indicating how each condition has been satisfied. If
changes other than those requested have been made, identify those changes in the memo also. When
staffs review of this information indicates that all conditions of approval have been met, a Certificate of
Appropriateness may be issued.
If you have any questions, please do not hesitate to contact me.
Sincerely,
/n~~\
Margaret Maliszewski
Design Planner
Cc: File
Steve Waller
Verulam Farm Conservation Group
4 :~~
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·
C:¡-06-C4Pl0:1~? !~CVD
COUNTY OF ALBEMARLE
Department of Community Development
401 Mcintire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434)296-5832
Fax (434) 972-4126
July 2, 2004
Nicholas Michaels
Weatherhill Homes
315 Old Ivy Way
Charlottesville, VA 22903
RE: ZMA-2004-002 Fontaine Avenue Townhomes (Sign #80); Tax Map 76, Parcels 12A and 12G
Dear Mr. Michaels:
The Albemarle County Planning Commission, at its meeting on June 29, 2004, by a vote of 5:2,
recommended approval of the above-noted petition to the Board of Supervisors. Please note that this
approval is subject to the following conditions exclusive of the waiver requests for critical slopes and
stormwater:
1. The approval is subject to the attached proffers.
2. The pedestrian connection must be approved by the Planning Commission prior to approval of the
final site plan. If a pedestrian connection is not provided along Fontaine Avenue, the applicant must
justify why the connection must be located where it is proposed.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on July 14, 2004, Any new or additional information regarding your
application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your
scheduled 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,
~rn
Margaret Doherty
Senior Planner
MD/jcf
Cc:
Ella Carey
Amelia McCulley
Jack Kelsey
Steve Allshouse
Jefferson Lodge LLC
A-tf-~(hen +- A
-Pc. M'l\ore-s of (p!t'1 Jd-f
Z-m A- - 0 '4 - 0 '2..- ~oV'\ t ð.1' t1 .e
Original Proffer 6/22/2004
Amended Proffer 07/14/04
(Amendment # _)
PROFFER FORM
Date of Proffer Signature: 07/14/04
ZMA # 2004-02
Tax Map 76 and Parcel Numbers 12A and 12G
12.606 Acres to be rezoned from H-C (Highwav Commercial) to PRD (planned Residential Development)
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 with the
offered plans approved for development. These conditions are proffered as a part of the requested rezoning and it is
agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a
reasonable relation to the rezoning request.
(1) No building permit shall be issued unless and until the Director of Community Development, or his assigns,
determines that the dwelling unit façades are in general accord with the building elevations provided on plans
entitled "Fontaine Townhomes Concept Elevation" by Weather Hill Development, LLC and Bosserman, dated
April 28, 2004. The façades shall be determined to be in general accord if they include architectural features
that break up the massing of the building, such as porches, porticos, balconies, variation in building materials,
and gables which break up the rooflines.
(2) The owner shall contribute $52,000 cash to the County's capital improvement program to be distributed to the
County in increments of $1,000 cash per unit, for each market-rate unit, prior to or at the time of issuance of the
building permit for that dwelling unit. If this cash contribution has not been exhausted by the County for the
stated purpose within ten (10) years from the date of the contribution, all unexpended funds shall be refunded to
the owner.
(3) Prior to final site plan approval, the owner shall dedicate right-of-way to the County for the purpose of
constructing a greenway trail connecting Fontaine Avenue and TM 76, Parcel12D, as indicated and noted on
the Application Plan.
(4) The owner will provide for nine units of affordable housing as identified on the application plan, or interspersed
throughout the development. The owner shall convey the responsibility of constructing the affordable units to
any subsequent purchaser of the subject property. The current owner or subsequent owner shall create units
affordable to households with incomes less than 80% of the area median income. All purchasers of these units
shall be approved by the Albemarle County Office of Housing or its designee. The owner/builder shall provide
the County or its designee a period of 90 days to identify and pre-qualify an eligible purchaser for the
affordable units. The 90-day period shall commence upon written notice from the owner that the units will be
available for sale. This notice shall not be given more than 60 days prior to anticipated receipt of the certificate
of occupancy. If the County or its designee does not provide a qualified purchaser during this period, the
owner shall have the right to sell the unite s) without any restriction on sales price or income of purchaser.
Proffer Form
Fontaine Avenue Townhomes
Weather Hill Development, LLC.
Page 1
·
Signatures of All Owners
Signature of Attorney-in-Fact
·
·
Vito Cetta
Printed Names of All Owners
OR
Printed Name of Attorney-in-Fact
Proffer Form
Fontaine Avenue Townhomes
Weather Hill Development, LLe.
Page 2
Julv 14,2004
Date
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STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
MARGARET DOHERTY
JUNE 29, 2004
JUL Y 14, 2004
ZMA 04-02 FONTAINE AVENUE TOWNHOMES
UPDATED: This staff report has been revised to reflect the most recent proffers.
ApPLICANT'S PROPOSAL:
The applicant and property owner, Weatherhill Homes, proposes rezoning a 12.6 acre parcel,
located on Fontaine Avenue, from H-C (Highway Commercial) to PRD (Planned Residential
Development) to allow 61 dwelling units (see Locator Map - Attachment A). The applicant has
provided a set of proffers (Attachment B) and conceptual elevations (Attachment D).
PETITION FOR REZONING:
Request to rezone 12.6 acres from Highway Commercial (HC) and Entrance Corridor (EC) to
Planned Residential Development (PRD) and Entrance Corridor (EC) to allow 61 dwelling units.
The property, described as Tax Map 76 Parcels 12A and 12G are located in the Samuel Miller
Magisterial District on the north side of Fontaine Avenue [Route #702] approximately a quarter
mile west of the intersection of Fontaine Avenue and Route 29. The Comprehensive Plan
designates this property as Neighborhood Service, in Neighborhood 6.
EXISTING CONDITIONS:
The site is bordered on the west by a large historic estate property, known as Foxhaven, on the
north by vacant land owned by the University of Virginia, on the east by the Buckingham Circle
subdivision and across the street to the south by the UV A Forestry Department. To the west is
Trinity Presbyterian Church, which has a large congregation. To the east is the Fontaine Avenue
Research Park, which serves as a major employer in the immediate area. The site is also within
close proximity to two major highways, Route 29 and 1-64.
SUBDIVISION AND ZONING HISTORY:
SP-1996-32 approved fill in the floodplain for the construction of the pond. This approval
required Engineering Department approval of a wetlands mitigation plan.
BY-RIGHT USE OF THE PROPERTIES:
The property is currently zoned Highway-Commercial, which permits numerous high intensity
commercial uses, such as: grocery stores, gas stations, hotels, car sales, and a large number of
service type uses. It also allows uses permitted in R -15 by Special Use Permit.
ApPLICANT'S JUSTIFICATION FOR THE REQUEST:
The applicant has stated a desire develop the property in conformity with surrounding residential
uses, rather than propose a use allowed under Highway-Commercial zoning. The applicant
proposes high density residential with an extensive green area and water feature. The dwelling
units are designed to meet a wide market, with a mix of large expensive townhomes, medium-
sized townhomes, a few affordable townhomes and garden-level accessory apartments for rental
opportunities. The proffers include an agreement to offer 9 of the units (15%) to be marketed by
the County to homebuyers making less than 80% of the average medium income for our area.
RECOMMENDATION
Staff recommends approval of the rezoning (ZMA 04-2) with the attached proffers.
STAFF ANALYSIS
CONFORMITY WITH THE COMPREHENSIVE PLAN:
This section assesses the ability of ZMA 04-02 to meet the goals set forth in the Comprehensive
Plan's Land Use Plan, Neighborhood Model Principles, Community Facilities Plan, and Open
Space Plan.
Conformity with the Land Use Plan
The Land Use Plan shows this area as Neighborhood Service, which should: include uses such
as neighborhood-scale commercial; specialty shops; professional and office uses providing retail,
wholesale, and/or business within a Community. This scale of commercial is the type
anticipated within a planned development approach; include urban density residential uses as a
secondary use; require a small site size (1-5 acres), collector road accessibility, water and sewer
availability, and compatibility with adjacent land uses.
When the Neighborhood Service designation was put on the Land Use Plan, it was in recognition
of the commercial uses and buildings already on the site and on nearby properties. This proposal
does not include any neighborhood-scale commercial uses; however, the density ofthe proposed
project is consistent with the Urban Density classification. There are two other commercial
buildings nearby as well as the offices of the Virginia Department of Forestry. Use of this site in
a residential capacity will remove a significant portion of the Neighborhood Service area from
future retail and service use.
Conformity with the Comprehensive Plan's recommendations for Neighborhood 6
The specific recommendations for this site are as follows:
· Development plans along Route 250 West and Fontaine Avenue are to be sensitive to their
status as Entrance Corridor roadways;
· Limit the Neighborhood Service designation on Fontaine Avenue west of the Bypass to
existing zoned land; and
· Provide pedestrian connections from the residential areas in the Neighborhood to the
Fontaine Avenue Research Park.
Conformity with the Neighborhood Model
Below staff assesses the ability of ZMA 04-02 to meet the twelve principles ofthe Neighborhood
Model.
Pedestrian The plan includes sidewalks throughout the development, through the park
Orientation area, along Fontaine Avenue, connecting to a potential future greenway and
across Fontaine Avenue.
Neighborhood The plan includes a private street through the middle of the development,
Friendly Streets and which has sidewalks and street-trees on both sides.
Paths
Interconnected Staff has determined that this is not the best location for interconnection
Streets and and that it will be very difficult to develop the project with public roads,
Transportation which are the only kind of roads which may provide interconnections. The
Networks proposed street running north/south could be extended if conditions warrant
a connection in the future. The plan shows a construction and access
easement for the benefit of the property to the north for this potential
connection.
2
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·
Parks and Open More than half the site remains undeveloped with this proposal. The plan
Space provides a small formal garden/park a large pond/wetland amenity with a
bike/pedestrian pathway crossing the dam and providing access to a
playfield and beyond.
Neighborhood This site has easy access to Route 29 and 1-64, therefore convenient
Centers vehicular access to multiple neighborhood centers exists. Additionally, the
Fontaine A ve./JP A area of shops provides a convenient neighborhood
center.
Buildings and Spaces The building elevations and site plan with small private yards and large
of Human Scale public spaces creates places of human scale.
Relegated Parking The only ability to relegate parking on this site is to hide it in garages, after
many attempts with previous applications, staff believes it is nearly
impossible to relegate the parking, given the size and shape of the buildable
area on the site and the type of townhomes with garages proposed.
Mixture of Uses The project provides only one type of use, residential, however a church
and a large employer are within close proximity.
Mixture of Housing The project meets the County's goal for 15% of the total units meeting an
Types and affordable price-range. The applicant has proffered 9 affordable units.
Affordability They are located throughout the project as shown on the application plan (3
townhomes in the northwest comer and 6 garden level condominiums).
Redevelopment None of the existing structures have been found to have any historic value
and are proposed to be demolished. This project is a good infill example
where existing roads and utilities are utilized and/or updated to serve the
site.
Site Planning that The project strives for the greatest density within the constraints of the
Respects Terrain wetlands and riparian buffer, which take up most of the site. The
Engineering Department is reviewing a mitigation plan which they believe
results in a site plan that respects terrain to the greatest extent possible.
Resulting slopes will have to be graded to 3: I or will require slope
stabilizing vegetation.
Clear Boundaries Not Applicable.
with the Rural Areas
Conformity with the Open Space and Natural Resources Plan
The Open Space Plan shows a Major and Locally Important Stream Valley and Adjacent Critical
Slope around Morey Creek, and identifies Morey Creek as a perennial stream with non-tidal
wetlands, wooded areas and floodplain. The wetlands associated with Morey Creek have been
significantly altered in this location, but remain in a relatively natural state upstream. The Open
Space Plan states, "When wetlands are to be disturbed on a development site, require the
developer to provide evidence of compliance with State and Federal wetlands regulations prior to
County approvals." Most of this work was completed when the wetlands were recreated with a
· pond mitigation plan. The proposed plan protects these areas to the greatest extent possible.
3
Conformity with the Entrance Corridor guidelines
A portion of the site is within the old right of way for Route 29, which is an Entrance Corridor
District. Development in this area will require ARB review, however, development will likely
be limited to a bike/pedestrian pathway and landscaping.
ANALYSIS OF THE REZONING REQUEST
Relationship between the application and the purpose and intent of the requested
zoning district
The applicant is requesting a rezoning PRD (Planned Residential Development). The intent
statement in Section 19 of the Zoning Ordinance for PRD district is as follows:
The P RD is intended to encourage sensitivity toward the natural characteristics of the site and
toward impact on the surrounding area in land development. More specifically, the PRD is
intended to promote economical and efficient land use, an improved level of amenities,
appropriate and harmonious physical development, and creative design consistent with the best
interest of the county and the area in which it is located
In general, this proposal is in keeping with the intent statement. The proposal protects a large
area of wetlands, while utilizing the land to its most efficient use. The pond area and pathways
provide amenities which are harmonious with the site.
Anticipated impact on public facilities and services
ROADS
VDOT is requiring a right-turn and taper into the site, as shown on the Application Plan.
WATER AND SEWER
An existing 10" diameter water main is located at the southernmost comer of the property. This
line is extremely old (100 years plus) and can only provide a fire flow of approximately 1000
gpm at that point. A more viable section of the water main is located approximately 1200 feet to
the east. The applicant is proposing to extend this water main to get the required fire flow to
this site. A 24" sewer main owned by RWSA is located on site. There is sufficient capacity in
this sewer main for the proposed development.
STORMWATER MANAGEMENT
Staff has reviewed the applicant's conceptual stormwater management plan and has determined
it to be feasible from a conceptual standpoint.
SCHOOLS
Impacts to the school from the proposed 55 additional townhouse dwelling units will be minimal.
FISCAL IMPACT
A fiscal impact analysis has been performed for the project (Attachment C). The applicant asked
staff to consider new assumptions when running the model, therefore, three scenarios are
provided: 1) current zoning; 2) proposed rezoning given standard assumptions; and 3) proposed
rezoning given developer-supplied assumptions. The fiscal impact given our standard
assumptions is $162,000 /year, the fiscal impact given the developer-supplied assumptions is
$22,000/year. The applicant has proffered a donation of $52,000 towards the County's Capital
Improvement Program. Some of the projects identified in the CIP summary for this area include
and urban gym, a Southern Urban Area park, a southern urban area library, a western fire station
and sidewalk improvements. The plan includes a sidewalk along the frontage of this parcel
4
·
·
·
connecting to the sidewalk on the south side of Fontaine Avenue, which was constructed from
the Route 29 off-ramp to Fontaine Research Park.
Anticipated impact on cultural and historic resources
The existing buildings have been found to have no historic significance.
Anticipated impact on nearby and surrounding properties
The greatest impact on surrounding properties is increased traffic. Traffic from Route 29 South
often suffers long wait times making the left turn onto Fontaine Avenue which has forced U-
turns on Buckingham Circle. The traffic generated by this new development will mix with, but
will not exacerbate this unfortunate situation.
Public need and justification for the change
This plan provides for a quality infill project that is in line with the County's growth
management policies and addresses most of the Neighborhood Model principles.
Private Roads
The project includes private roads, which if the applicant wishes to sell the townhouses as
individual units, will have to be approved by the Planning Commission under Section 14-232,
subsection A (1 & 4). A private road waiver request can only be processed with a subdivision
plat, which has not been submitted. However, staff has reviewed the rezoning application with
the knowledge that private roads will be necessary to support this rezoning. Staff will support an
eventual private road request if it is accompanied with a plat that is in general accord with the
rezoning and County private street requirements.
SUMMARY
Staff has identified the following factors, which are favorable to this rezoning request:
1. The proposal meets all applicable principles of the Neighborhood Model Principles;
2. The project provides for the affordable housing target of 15% of the total # of units; and
3. The proposal ensures building massing and architecture that will create a human-scale
development.
Staff has not identified any factors, which are unfavorable to this request:
RECOMMENDED ACTION
Staff recommends approval of the rezoning (ZMA 04-02) with the attached proffers.
-----------------
ATTACHMENTS:
A. - Locator Maps
B. - Proffers
C. - Fiscal Impact Statement
D. - ZMA 04-02 Application Plan and
Building Elevations
5
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A TT ACHMENT B
·
Original Proffer 6/22/2004
Amended Proffer 07/14/04
(Amendment # _)
PROFFER FORM
Date of Proffer Signature: 07/14/04
ZMA # 2004-02
Tax Map 76 and Parcel Numbers 12A and 12G
12.606 Acres to be rezoned from H-C (Highway Commercial) to PRD (Planned Residential Development)
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 with the
offered plans approved for development. These conditions are proffered as a part of the requested rezoning and it is
agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a
reasonable relation to the rezoning request.
·
(1) No building permit shall be issued unless and until the Director of Community Development, or his assigns,
determines that the dwelling unit façades are in general accord with the building elevations provided on plans
entitled "Fontaine Townhomes Concept Elevation" by Weather Hill Development, LLC and Bosserman, dated
April 28, 2004. The façades shall be determined to be in general accord if they include architectural features
that break up the massing of the building, such as porches, porticos, balconies, variation in building materials,
and gables which break up the rooflines.
(2) The owner shall contribute $52,000 cash to the County's capital improvement program to be distributed to the
County in increments of $1 ,000 cash per unit, for each market-rate unit, prior to or at the time of issuance of the
building permit for that dwelling unit. If this cash contribution has not been exhausted by the County for the
stated purpose within ten (10) years from the date of the contribution, all unexpended funds shall be refunded to
the owner.
(3) Prior to final site plan approval, the owner shall dedicate right-of-way to the County for the purpose of
constructing a 'greenway trail connecting Fontaine Avenue and TM 76, Parcel 12D, as indicated and noted on
the Application Plan.
(4) The owner will provide for nine units of affordable housing as identified on the application plan, or interspersed
throughout the development. The owner shall convey the responsibility of constructing the affordable units to
any subsequent purchaser of the subject property. The current owner or subsequent owner shall create units
affordable to households with incomes less than 80% ofthe area median income. All purchasers of these units
shall be approved by the Albemarle County Office of Housing or its designee. The owner/builder shall provide
the County or its designee a period of 90 days to identify and pre-qualify an eligible purchaser for the
affordable units. The 90-day period shall commence upon written notice from the owner that the units will be
available for sale. This notice shall not be given more than 60 days prior to anticipated receipt ofthe certificate
of occupancy. If the County or its designee does not provide a qualified purchaser during this period, the
owner shall have the right to sell the unit( s) without any restriction on sales price or income of purchaser.
·
Proffer Form
Fontaine Avenue Townhomes
Weather Hill Development, LLe.
Page 1
7
Signatures of All Owners
Signature of Attorney-in-Fact
Vito Cetta
Printed Names of All Owners
OR
Printed Name of Attorney-in-Fact
Proffer Fonn
Fontaine Avenue Townhomes
Weather Hill Development, LLC.
Page 2
A TT ACHMENT B
July 14,2004
Date
:Y
·
·
·
COUNTY OF ALBEMARLE
ATTACHMENT C
MEMORANDUM
TO: Margaret Doherty, Principal Planner
FROM:
Steven A. Allshouse, Fiscal Impact Analyst 1'f^A\.
DATE:
May 18, 2004
RE:
ZMA 04-02 (Fontaine Avenue)
I analyzed three separate scenarios for the property in question. The first scenario involved the
maximum new development that could take place under existing zoning. The second scenario used
the standard set of assumptions in CRIM and involved the new development that would occur if the
County approved the proposed zoning change for the property in question. The third scenario used
some developer-supplied assumptions and involved the new development that would take place if the
County approved the proposed zoning change for the property. The results of these three analyses
appear in the three attached spreadsheet printouts.
In the case ofthe first scenario, I assumed that 15,000 square feet of retail space and 15,000 square
feet of taxable office space would be built during the course of the next year. CRIM estimates that,
after build-out, this type and level of development would result in the following net annual fiscal
impact:
Fiscal Impact -- Current Zoning
Property Taxes
Other Revenues
$38,000
158,000
Total Revenues
$196,000
School Expenditures
County Govt. Expenditures
($67,000)
(34,000)
Total Expenditures
($101,000)
Net Annual Fiscal Impact
$95,000
9
ZMA 04-02
May 18, 2004
Page Two
ATTACHMENT C
In terms of the annual impact that this development would have on the County's capital costs, CRIM
estimates the following result:
CIP Impact -- Current Zoning
Schools CF Pay-As- You-Go
Schools CF Debt Service
Total Schools CIP Impact
County CF Pay-As- You-Go
County CF Debt Service
Total Cty. Govt. CIP Impact
Net Annual CIP Impact
($0)
($25,000)
($25,000)
($0)
($0)
($0)
($25,000)
Note that these CIP figures are included in the fiscal impact numbers listed on the previous page.
(The $25,000 in capital costs is part of the $101,000 in the estimated total annual expenditures
resulting from the development of 15,000 square feet of retail space and 15,000 square feet of
taxable office space). These CIP numbers are presented separately to highlight the magnitude of the
capital costs that would be associated with such development.
The second scenario that I ran involved the proposed construction of 54 SF NTH units on the
property. I assumed the development would be completed in one year. CRIM estimates that, after
build-out, this project would have the following net annual fiscal impact:
Fiscal Impact -- Proposed Zoning (Official)
Property Taxes
Other Revenues
Total Revenues
School Expenditures
County Govt. Expenditures
Total Expenditures
Net Annual Fiscal Impact
$65,000
102,000
$167,000
($179,000)
($45,000)
($225,000)
($58,000)
/0
·
·
·
ATTACHMENT C
ZMA 04-02
May 18, 2004
Page Three
As for the impact ofthis proposed development on the County of Albemarle's capital costs, CRIM
estimated the following outcome:
CIP Impact -- Proposed Zoning (Official)
Schools CF Pay-As-You-Go
Schools CF Debt Service
($0)
($67,000)
Total Schools CIP Impact
($67,000)
County CF Pay-As-You-Go
County CF Debt Service
($0)
($0)
Total Cty. Govt. CIP Impact
($0)
Net Annual CIP Impact
($67,000)
Again, these CIP numbers are included in the total annual expenditures of $225,000 shown on the
previous page, and are presented separately to illustrate the relative magnitude of capital costs.
The numbers generated by the two scenarios that I ran indicate that, if the County approves
ZMA 04-02, the differential net annual fiscal impact would be -$67,000 - $95,000 = -$162,000.
This number means that, annually, the County would be $162,000 worse off approving ZMA
04-02 than denying the proposal.
The third scenario that I ran was the same as the second except that in the third scenario I assumed
that all the dwelling units had a taxable value of$300,000 and that twenty of the dwelling units would
not generate any pupils in the County's school system, since the developer claims that these twenty
units would target the "empty-nester" market. Under this set of circumstances, CRIM estimated that,
after build-out, the project would generate the annual net fiscal impact found on the next page.
II
ZMA 04-02
May 18, 2004
Page Four
ATTACHMENT C
Fiscal Impact -- Proposed Zoning (Unofficial)
Property Taxes
Other Revenues
Total Revenues
School Expenditures
County Govt. Expenditures
Total Expenditures
Net Annual Fiscal Impact
$101,000
77,000
$178,000
($60,000)
($45,000)
($105,000)
$73,000
As for the impact ofthis proposed development on the County of Albemarle's capital costs, CRIM
estimated the following outcome:
CIP Impact -- Proposed Zoning (Unofficial)
Schools CF Pay-As- You-Go
Schools CF Debt Service
Total Schools CIF Impact
County CF Pay-As- You-Go
County CF Debt Service
Total Cty. Govt. CIF Impact
Net Annual CIP Impact
($0)
($25,000)
($25,000)
($0)
($0)
($0)
($25,000)
Again, these CIF numbers are included in the total annual expenditures of$105,000 shown above,
and are presented separately to illustrate the relative magnitude of capital costs.
The numbers generated by the first and third scenarios that I ran indicate that, ifthe County
approves ZMA 04-02, the differential net annual fiscal impact would be $73,000 - $95,000 = -
$22,000, This number means that, annually, the County would be $22,000 worse off approving
ZMA 04-02 than denying the proposal.
¡¿
ATTACHMENT C
ZMA 04-02
May 18, 2004
· Page Five
Notes: (1) Although my analysis suggests that the approval of ZMA 04-02 might result in a net
annual fiscal drain to the County, this fact alone does not necessarily mean that ZMA 04-02 should be
denied, since the total mix of development taking place in Albemarle County in any given year might
generate a revenue-neutral outcome; (2) If Albemarle does not approve ZMA 04-02, the growth that
is assumed to be associated with this proposed development likely would take place somewhere else
in the County; and (3) When deciding whether or not to approve a proposed development, Albemarle
takes into consideration a number of issues other than just the project's fiscal impact. These issues
include, but are not necessarily limited to, affordable housing, transportation impacts, and
environmental well-being.
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ATTACHMENT 0
FONTAINE TOWNHOMES
BARRY R. OR PAULA W. SCHMIDT
t M. 760-P.A2
LOT2BKASEC3
'BUCKINGHAM"
D. B. 270..ß3 PLAT
ZONED R2
US~, REf'D9NTI~l
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ALBEMARLE COUNTY, VIRGINIA
APPLICATION PLAN
GENERAL NOTES:
THE .\PPLICA.......'T IS REQUESTING A CRITICAL SLOPE W AlVER AS PART OF THIS APPLICA TJON.
~~~~Å~Q\~Æ~1~~E,ili~~I'iIPgWa.Tflll~:+;~A.~~i~~~~~lr~~B~ mSB\b:l;If.tlA~~·o
SERVE ROOFTOPs. OTHER MEASURES "'LL BE EMPLOYED TO mEAT PAVED SL'RF ACES PRIOR TO ENTERING A~
ON·SITE STORMWATER CONVEYA:'IICE SVSTE...'rl.
I!g ~llliYA.;:¡~8 REQt;'"ESTING PERMISSION TO IMPACf, IN A MDiOR WAY, THE ARE.\ BET\\'EEN THE SO' RPA
'''''''
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TYPICAL PRIVATE ROAD SECTION
SECTION
fNFORMA TlON REGARDING THE TYPE OF PEDESTRJ.\o"/BIKE BRIDGE PROPOSED TO SPA.,."V MOREY CREEK IS
L~CLIIDED.\8 A:-'· :\ TTACHME.."IT TO TillS APPLlCA nON
~~~~¿Vp'iJi~~lpi{ð:~~'L ~$R1t~ rtlfJ~l['t7lt1iZ%b~~t 1~11t¥~A1~L1RJæfJ~Ù~RR~ï
CONNECTIONS. THE PROPOSED DEVELOP~Œ...""T WILL BE SERVED BY THE NEW .MAL'* AND AN ON-SITE
DlSTRIBLïION SYSTEM.
THE PROPOSED DEVELOPME.VT WILL BE SERVED BY AN ON-SITESA..WTARY SEWER COLLECfIONSYSTEM THAT
WILL BE TIED uno THE RWSA MOREY CREEK BRA.."la-l OF THE MOORE'S CREEK IXTERCEPTOR, WHICH
TR.-\.1\fSECTS THE SUBJECT SITE.
ò~~E1Jt~~~'f$€lA TED WITH THE ZONING OF THE ADJACENT PARCELS SHALL APPLY TO THE PERIMETER
THE PROPûSED TO\\'NHOMES WILL RESIDE ON I~DIVIDUr\L FEE-SIMPLE LOTS. THE PROPOSED ThiTER."l.\L YARD
REQL'IREMENTS FOR TIŒSE LOTS SH.'\LL BE: FRO!\'T _ ]8', SIDE _ 10', .\ND REAR -15'.
~~¡J]JN1W'iJ~l~ò~W&LE~~~1.~~l{~x~'i1;m~~NTAL L'NITS(56-61)AND3
t~~~~~ 1~~ln~T~fHiirJ$fu~3~~~g¡\~N~~b~~W~~p\)t~~tlMò).~~{g~}~kkq~ss,
.\LSO SHOWN. ADDITIONAL CONSERVATION AREAS INCLUDE ALL AREAS TO THE EAST OF THE SO'RPA LIMITS,
SA VB k'JD EXCEPT FOR THOSE ITE...'1S LISTED ABOVE AXD THE PEDESTRL....1'IUBlKE BRIDGE CROSSING.
THE E:-ITIREAREA ''VITHu.iTIŒ5Q'RPALIMITS IS SET ASIDE.\.S APRESERVATIt
30' WIDE GREENWAY
DEDICATION FOR l'RAIL
:\LL QPE:-I' AND RECREA TlONAL SPACES MAY L"lCLUDE, BLL ARE NOT LIMITED TO, PLA YGROC"DS PICNIC
gJp'\~~'~R~~Wp1t1J~õIg~~'il~~~~:?J~~~~löM'p%~S~'Tb~~~_r¡~~~., ETC, ALL
TERRA
PARTNERS, LLC
CIVIL ENGINEERS
L.o\...~DSCAPE ARCHITECTS
LA.."'IDSURVEYORS
2006THSTRE.ET,NE
CH.\RLOTTESVlLU!, VIRGINIA 22902
PH. 4)+.295-6496 FAX 43+-2'J6-649?
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DORSEY V. & IMOGENE S
D. B. 324-104
O. B. 240-124 PLAT
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WEATHER HILL
HOMES,LTD,
ARCHITECTS & BUILDERS
315 OLD "'YW.\Y, St:lTEU}2
CHARLOTTF.S\"Tl.LE, YTRGL"oU l1903
pH.n..m.....&4 FA.X4J+.296-2S60
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SUNDAY
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323
TRIP GENERATION ESTIMATES
ADJ. STREET PEAKS
AM PM
UNIT I UNIT
J1
25
AVG. WEEKDAY
TRIPS
!UNIT
3
CODE LAND USE
230 CONDOMINIUM I TOWNHOUSE
TRIPS GENERATED
CONDOS! TOWNHOUSES
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PARK FOR 100' X 100' DECE
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DATE: 6·29-04
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WEATHER HILL
DEVELOPMENT, LLC
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315 old ivy way, stuite 102
FONTAINE TOWNHOMES
ALBEMARLE COUNTY, VIRGINIA
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CONCEPT ELEVATION
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Ella Carey
From: Ron White
Sent: Tuesday, July 13, 20041 :20 PM
To: Board of Supervisors members
Cc: Bob Tucker; Roxanne White; Wayne Cilimberg; Greg Kamptner; Larry Davis
Subject: Fontaine Proffer
I will be unable to attend the Board meeting Wednesday evening to discuss Vito's proposed
affordable housing proffer on the Fontaine Ave. property. When we met with Vito prior to the
application being presented to the Planning Commission, we discussed the possibility of
providing some additional density in order to get some affordable housing in the development.
The cost of the developed land with the maximum density limited his ability to proffer affordable
housing. Vito proposed providing nine additional units if the additional density was approved-
three affordable townhomes and six one-bedroom apartment flats on the lower level of six
townhomes. The original proffer presented to the PC indicated these nine units as affordable. I
believe the revised proffer for your action only addresses the three for-sale town homes based on
the following:
1. In discussing how to meet compliance on the six proposed rental flats, we came up with only
one possibility - place a deed restriction on the townhouse unit in which the flat was included.
Such deed restrictions could impact marketability and the ability to find financing for the unit.
2. Since the rental units would be owned by the occupant of the townhouse, wouldlcould the
County enforce occupancy including approving potential tenants and rental prices on six
individual units under six different ownerships?
3. Short of providing some type of financial subsidy for the rental unit, we could not envision
other enforcement mechanisms or incentives to encourage compliance.
This is not to say that affordable rental could not be built and affordability enforced under the
Affordable Housing Policy. If the property was multifamily and under one ownership andlor
management entity we could enforce compliance. In this case, compliance would likely be for a
fixed number of units and not the entire property which would minimize any impact on the overall
market. Also, the income stream for the entire project would be viewed in making financial
commitments to the project. We have done this with Woods Edge successfully and without
restricting title to the property.
The scenario on the Fontaine project would be similar to approving construction of auxiliary
apartments with single-family detached products. Do we want to enforce who would live in those
privately-owned units that are a part of the residential property of the owner?
My recommendation is to give favorable consideration for the affordable housing proffer for the
three for-sale units recognizing that six additional rental units will be developed that 1) would
likely be affordable; 2) would likely house someone who would consume existing housing
resources somewhere in the community; 3) may provide an opportunity for independent living for
a family member, possibly an elderly parent or a child on their own; and 4) could provide
additional income for a purchaser to afford the townhouse unit who may not be able to purchase
without the additional rental income. At a minimum, this proposal increases the housing supply
by nine units that would not otherwise be available, whether affordable or not.
I hope this answers some questions you may have regarding the revised proffer. I would be glad
to further discuss this with you and respond to any other questions. I apologize for not being able
to attend the public hearing as I will be at JMU orientation with my son. THANKS
~ 1. 'Wfuf...
Chief of Housing
J
MILL CREEK SOUTH HOMEOWNERS ASSOCIATION
P.O. BOX 1283
CHARLOTTESVILLE VA 22902
Apri127,2004
Ms. Margaret Doherty
Principal Planner
Albemarle County Department of
Planning and Community Development
401 Mcintire Road, Room 218
Charlottesville VA 22902-4596
Re: ZMA 2004-003 Avon Park (Sign #81), Tax Map 90, Parcel 32
Dear Ms. Doherty:
The Mill Creek South Homeowners Association has reviewed the request by Weather Hill Homes,
Ltd., for a zoning map amendment to permit development of Tax Map 90, Parcel 32. Thank you
for assisting us by providing information to Sally Mank, the Board's representative. The
Association has also obtained helpful information from and discussed the project with Pete
Gorham of the Albemarle County Service Authority and with Marc Powell and Betty Groth of
Weather Hill Homes.
The principal impact on Mill Creek South from the proposed development would be the
construction of a sewer, requiring a 40-foot construction easement and a permanent 2Q-foot utility
easement. The Association is concerned about both the impact of construction on the adjoining
lot owner and the common area and the creation of a permanent open swath through our wooded
open space. For this reason, we would prefer that the sewer connection for the Avon Park
development not cross Mill Creek South's common area. Other concerns about the proposed
project are the connecting roads to adjacent properties and their potential impact on Mill Creek
South and the minimal rear yards for the hilltop townhouses that will increase their visibility from
Stoney Creek Drive.
If an alternative sewer connection is not possible, then we will insist that the sewer easement be
relocated away from the property line with Lot 1 (as was shown on the draft easement agreement
sent to the Association and to the adjoining homeowner, Mrs. Nini Almy). The alignment of the
easement should remove or cause root damage to as few large trees as possible and should
avoid creating a visible open path through the woods above Stoney Creek Drive. We have
discussed this requirement with Marc Powell and Betty Groth of Weather Hill Homes and
obtained a verbal agreement that Weather Hill will lay out an alignment that is responsive to our
concerns and allow us to review the alignment on the ground before they proceed to redraft the
easement agreements.
Mrs. Almy, the owner of Lot 1, worked with an arborist to document the number of mature trees,
young trees and other plants that would be removed by the sewer alignment we were asked to
approve. Within the 4Q-foot temporary easement, they counted over 100 mature trees, including
beech, red oak, white oak, red maple, walnut and tulip poplar. Some of the oaks are over 100
years old. The understory includes over 300 dogwoods, red cedars and young hardwoods and
an abundance of fems and wildflowers. Obviously, any sewer construction will require some
clearing, but we ask that the alignment be selected to minimize both removal of and damage to
large trees.
We will expect the County, as a condition of development approval, to require erosion control
measures for the sewer construction that are based on field inspection by the County of the soil
and slope conditions of the site. We will also expect the County to require restoration of the
woodland (to the extent allowed by ACSA) and the open slope to their prior condition at the
earliest possible time. Neither the homeowner nor the Association should be subject to any
unusual effort or expense to maintain the stabilized and replanted construction area, either
initially or over time.
We have noted that the developer's plans do not show the preservation of natural woodlands; the
site is shown as fully developed. The Albemarle County Land Use Plan calls for wooded buffers
between subdivisions in the Designated Development Areas (General Land Use Standards, page
21). Ifthe development does not preserve natural areas, then maintenance of Mill Creek South's
woodland is especially important.
While Mill Creek South's common area creates a substantial wooded buffer with Parcel 32, our
review of the current rezoning request has alerted the Association to the fact our common area
provides little or no buffer with the Breeden property along the extensive boundary we share with
that parcel. This border area contains many large hardwoods, including a number of beautiful
mature beeches. We would like to take this opportunity to request that the County recognize the
need to provide for a wooded buffer on the Breeden property where it adjoins Mill Creek South,
should that parcel be proposed for development.
On behalf of the Board of Directors, I appreciate this opportunity to comment on the proposed
zoning map amendment and to request that the County act to protect our open space as set forth
in this letter.
Very truly yours,
Don Lepsch
President, MCSHOA
RECEIVED AT BOS MEETING
Date: r1"I~ - ói
Agenda Item II: 11
Clerk's Initials: ç C1
Original Proffer 7/14/2004
Amended Proffer
(Amendment #
PROFFER FORM
Date of Proffer Signature: 7.14.04
ZMA # 2004-03
Tax Map 90 and Parcel Number 32
9.976 Acres to be rezoned from R-1 (Residential) to R-6
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 with the
offered plans approved for development. These conditions are proffered as a part of the requested rezoning and it is
agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a
reasonable relation to the rezoning request.
(1) The development on Tax Map 90, Parcel Numbers 32 shall be in general accord with the plan produced by
Weather Hill Homes, Ltd, dated April 21, 2004, entitled "Avon Park Site Plan", herein referred to as the plan,
(sheet S-l). The development shall be found in general accord with the plan if the layout is generally the same
with a buffer area to the south, open space along the Entrance Corridor, a central park space of the same size or
larger, and interconnections north and south.
(2) No building pennit shall be issued unless and until the Director of Community Development, or his assigns,
detennines that the townhome facades are in general accord with the sheets SC-2, SC-3, and SC-5a, of the
architectural plans d?-ted April 26, 2004, entitled "Avon Park Townhomes". The façade shall be detennined to
be in general accord with the architectural plans if the windows are in a similar alignment, and there are
architecture features that break up the massing of the buildings, such as the porches, porticos, and gables.
(3) The owner shall contribute $59,000 cash to the County for funding pedestrian improvements in the
Neighborhood that are identified in the County's capital improvement program prior to or at the time of the first
building pennit for any dwelling unit within the development. If this cash contribution has not been exhausted
by the County for the stated purpose within ten (10) years from the date of the contribution, all unexpended
funds shall be refunded to the owner.
(4) The Owner shall design and construct a water tank for fire fighting purposes and human consumption, and a
pump station that will fill the tank. The capacity of the tank and the water flow shall meet the standards
specified by the ACSA. The water tank and pump station shall be constructed prior to the issuance of any
building pennits for any dwelling unit within the development. The water tank, pump station and associated
piping will be dedicated to the ACSA upon completion.
(5) The owner shall provide nine units of affordable housing as identified on the plan produced by Weather Hill
Homes, Ltd, dated April 21, 2004, entitled "Avon Park Site Plan", herein referred to as the plan. The owner
shall convey the responsibility of constructing the affordable units to any subsequent purchaser of the subject
property. The current owner or subsequent owner shall create units affordable to households with incomes less
than 80% of the area median income, such that housing costs consisting of principal, interest, real estate taxes
and homeowner's insurance (PITI)) do not exceed 30% ofthe gross household income (e.g., for 2003, the price
of the maximum affordable home for purchase was $172,000). All purchasers of these units shall be approved
by the Albemarle County Office of Housing or its designee. The owner/builder shall provide the County or its
designee a period of 90 days to identify and pre-qualify an eligible purchaser for the affordable units. The 90-
day period shall commence upon written notice from the owner that the units will be available for sale. This
notice shall not be given more than 60 days prior to anticipated receipt of the certificate of occupancy. If the
Avon Park
Weather Hill Homes, Ltd.
County or its designee does not provide a qualified purchaser during this period, the owner shall have the right
to sell the unites) without any restriction on sales price or income of purchaser. This proffer shall apply only to
the first sale of each of the nine units.
(6) Prior to construction of the sewer connection from the subject property across the Mill Creek South
common area, the owner shall submit a tree conservation plan prepared by a certified arborist. The plan
shall be submitted to the agent for review and approval to assure that existing conditions in the woodland
will be preserved to the extent possible and that the sewer construction zone is the minimum allowed by
the ACSA. The plan must be approved by the agent before any trees are removed within the sewer
construction zone. The plan shall identify all trees to be removed and specify tree protection methods and
procedures, including how root systems and root zones will be protected. Except for the tree removal
expressly authorized by the agent, the owner shall not remove existing trees outside of the sewer
construction zone.
/11/~
Signatures of All Owners
Marc Powell, Managing Member
Printed Names of All Owners
July 14. 2004
Date
Signature of Attorney-in-Fact
Printed Name of Attorney-in-Fact
Avon Park
Weather Hill Homes, Ltd.
·
·
·
COUNTY OF ALBEMARLE
Department of Community Development
Planning
401 Mcintire Road, Room 218
Charlottesville, Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 4012
,-,
- t,:'j -~. ~~
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June 24, 2004
Nicholas Michaels
Weatherhill Homes
315 Old Ivy Way
Charlottesville, VA 22903
RE: ZMA-04-03 Avon Park (Sign #81); Tax Map 90, Parcel 32
Dear Mr. Michaels:
The Albemarle County Planning Commission, at its meeting on June 22, 2004, by a vote of 7:0,
recommended approval of the above-noted petition to the Board of Supervisors. Please note that this
approval is subject to attached proffers.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on July 14, 2004. Any new or additional information regarding your
application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your
scheduled 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,
Cc: Ella Carey
Amelia McCulley
Jack Kelsey
Steve Allshouse
George E. or Linda Davies
.
.
.
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
MARGARET DOHERTY
JUNE 22, 2004
JULY 14, 2004
ZMA 04-03 AVON PARK
ApPLICANT'S PROPOSAL:
The applicant and property owner, Weather Hill Development, LLC, proposes rezoning a 9.976
acre parcel, located on Avon Street Ext., from R-1 (Residential) to R-6 (Residential) to allow 59
dwelling units (See Vicinity Map - Attachment A). The applicant has provided a set of proffers
(Attachment B) and conceptual elevations (Attachment D).
PETITION FOR REZONING:
Request to rezone 9.976 acres from R1, Residential to R6, Residential to allow 16 single family
and 43 townhouse units. The property, described as Tax Map 90 Parcels 32 is located in the
Scottsville Magisterial District on Avon Street Ext. (Route 742) approximately one-half mile
south of the intersection of Avon Street Ext. and Stoney Creek Drive. The Comprehensive Plan
designates this property as Neighborhood Density, recommended for 3-6 dwelling units per acre,
in Neighborhood Four.
EXISTING CONDITIONS:
The site is located on the west side of Avon Street Ext. about a quarter mile north of the
intersection with Route 20. The site currently has one single family house and is surrounded on
two sides by similar small houses on large lots. The property rises to the west and then drops off
towards the southern end of the Mill Creek South development.
SUBDIVISION AND ZONING HISTORY:
There is no subdivision or rezoning history on this parcel.
BY-RIGHT USE OF THE PROPERTIES:
The parcel is approximately 9.976 acres ofR-1 (Residential) zoned land, therefore, the applicant
could build up to nine single family detached dwelling units, as of right. Using the bonus
provisions, an additional three dwelling units are possible.
APPLICANT'S JUSTIFICATION FOR THE REQUEST:
The applicant has proposed a mix of single family detached and townhouses with a variety of
sizes and parking configurations. The application includes 15% of the dwelling units as meeting
the County's goal for affordable housing.
RECOMMENDATION
Staff recommends approval ofthe rezoning (ZMA 04-03) with the attached proffers.
1
STAFF ANALYSIS:
Conformity with the Comprehensive Plan:
This section assesses the ability of ZMA 04-03 to meet the goals set forth in the Comprehensive
Plan's Land Use Plan, Neighborhood Model Principles, Community Facilities Plan, and Open
Space Plan.
Conformity with the Land Use Plan
The Land Use Plan calls for Neighborhood Residential (3 to 6 dwelling units per acre) on this
property. With the proposed 59 units on 9.976 acres, the projects density is approximately 5.95
dwelling units per acre. Thus, it is at the top ofthe density range allowed by the Land Use Plan's
recommendation, which meets the County's goal of maximizing development potential in the
Development Areas.
Conformity with the Comprehensive Plan's recommendations for Neighborhood 6
The following are the Comprehensive Plan's general recommendations for Neighborhood 4
which are applicable to this project (in italics).
"Provide additional water storage in the southern portion of the Neighborhood to support demand and
ensure adequate fire flow. "
The applicant has agreed to proffer the construction of an 180,000 gallon water storage tank to
serve this development, which can be expanded by the Albemarle County Service Authority to
serve future development in this portion of the Neighborhood.
Conformity with the Neighborhood Model
Below staff assesses the ability of ZMA 04-03 to meet the twelve principles of the Neighborhood
Model.
Pedestrian Sidewalks are provided throughout the project and along the frontage of
Orientation Avon Street Ext.
Neighborhood The project proposes two public roads, which will provide public pedestrian
Friendly Streets and and vehicular connections to Avon Street Ext. and to adjacent parcels to the
Paths north and south, with curb and gutter, sidewalks and street trees. There is a
private alley behind a portion of the townhomes and a small private street
serving more townhomes.
Interconnected The project provides public road connections to adjacent parcels to the
Streets and north and south.
Transportation
Networks
Parks and Open The project provides open space along Route 20, to create a visual buffer
Space from the Entrance Corridor, front yards for the single family homes and a
small neighborhood park in the center of the townhomes.
Neighborhood The project's location and relative isolation makes it ill-suited for a mixed-
Centers use center. The project is close to several smaller shopping developments
on Avon Street Ext. that could, through time, redevelop into neighborhood
centers.
2
.
.
.
Buildings and Spaces The applicant has proffered conceptual architectural plans (Attachment D
of Human Scale and Attachment B, Proffer 3). Staff believes that this, combined with ARB
review of the buildings visible ftom Avon Street, will provide the necessary
regulatory control to ensure that the buildings' mass will be of an
appropriate scale.
Relegated Parking Almost all of the parking will be provided for in garages, except where
smaller townhome units have parking in parking lots and on-street parking.
Mixture of Uses The project does not provide for a mixture of residential and non-residential
uses; however, staff believes that the project's terrain and relative isolation
makes it ill-suited for a mixture of uses.
Mixture of Housing The applicant has proposed several smaller townhouse units that will be
Types and priced less that than the other condominiums. The applicant has agreed that
Affordability these units will be affordable according the county's guidelines.
Redevelopment This project does not retain the existing house. The house was inspected
for historic significance and none was found.
Site Planning that Staff believes that the applicant has carefully situated the buildings in order
Respects Terrain to minimize the impacts to critical slopes and stepped the buildings up the
slope to minimize the amount of grading required
Clear Boundaries The proposal does not have a common boundary with the Rural Areas.
with the Rural Areas
Conformity with the Community Facilities Plan/CIP:
The Community Facilities Plan calls for a library branch in or near Neighborhood Four, a small
water tank on Avon Street to increase flow, and additional water storage in the southern portion
for the Neighborhood to support demand and ensure adequate fire flow. Additional items in the
CIP include a southern elementary school, Monticello High School improvements, southern area
park and sidewalk improvements along Avon Street Ext. The project includes a water tank to
provide adequate flow and support demand in the southern portion of the Neighborhood, an
internal park and sidewalks along Avon Street Ext. Additionally, the applicant has proffered a
donation of $59,000 towards the County's Capital Improvement Program ($1,000 per unit).
Conformity with the Open Space and Natural Resources Plan:
The Open Space Plan identifies "Wooded Areas" on this property. The woods are at the top of
the hill, as seen on the existing conditions exhibit, provided by the applicant. These woods will
be mostly removed to allow for the development of the townhomes and the water tower. The
woods are not a part of a drainage system or stream buffer. The applicant would like to keep as
much of the woods to screen the water tank, although this may not be practical. Generally, staff
finds that the benefits of the development outweigh the loss of this wooded area.
Conformity with the Entrance Corridor guidelines:
The Architectural Review Board reviewed the application and expresses no objection to the
rezoning, however, the offer the following comments, which can be incorporated into future site
plans:
3
1. Provide landscaping to help limit visual impacts of the residential units climbing up the
slope, including but not limited to: trees along the main public road, along the alley, and
at the perimeter ofthe park to reduce visual impacts.
2. Show on the plan existing trees to remain sufficient to reduce visibility of the proposed
tank or show additional landscape screening for the tank.
3. Demonstrate on the landscape plan that the detention/retention pond will have the
appearance of a fully landscaped water feature that is fully integrated into the
surrounding landscape.
4. Provide new landscaping to help tie the new development into the adjacent properties.
5. Provide landscaping that shows how the EC frontage and the open spaces along the EC
will be landscaped to achieve visual continuity along the corridor.
6. Lighting shall be appropriately limited.
Analvsis of the Rezoninf! Request:
Relationship between the application and the purpose and intent of the requested zoning district
The applicant is requesting a rezoning to R-6 (Residential). The intent statement in Section 16
of the Zoning Ordinance for R-6 district is as follows:
· R -6 districts are created to provide a zone that
· Provides for compact, medium-density residential development;
· Permits a variety of housing types; and
. Provides incentives for clustering of development and provision of locational,
environmental and developmental amenities.
In general, this proposal is in keeping with the intent statement. It provides for a mix of medium
density housing types and developmental amenities.
Anticipated impact on public facilities and services:
Roads
VDOT is requiring a 200' right turn lane and 150' taper. The existing right of way should be
adequate for sidewalks and street trees, however a grading easement may be necessary. The
Transit Development Plan conducted by Charlottesville Transit Service recommends for transit
service to be extended to Avon Street Extended, the Mill Creek neighborhood, and Monticello
High School. Staff recommends that funds being proffered be dedicated towards the extension
of transit along the Avon Street corridor.
Water and Sewer
An existing 12" water main is located approximately 1000 feet from this site. This line is served
by a pumping station with no capacity for additional connections. An existing 8" sewer main is
located approximately 500 feet away, in the Mill Creek South subdivision. A significant portion
of the proposed development (single family homes near Avon St. Ext.) would have to be served
by individual private grinder pumps. Staff does not recommend the use of grinder pumps, but
defers to the Albemarle County Service Authority for the final decision. Grinder pumps often
become a maintenance issue for the individual property owners. The Engineering Department
has strong reservations against the use of grinder pumps as they often result in staff time trying
to negotiate with the builder and homeowners to find solutions. The gravity sewer that would
4
.
.
.
eventually serve this property is under consideration for construction by the owners of the Kappa
Sigma and Avon Street Rezoning projects, although even when extended to serve those projects,
it will be very far away from this property and the extension is cost-prohibitive.
Stormwater management
Staff has reviewed the applicant's conceptual stormwater management plan and has determined
it to be feasible from a conceptual standpoint.
Schools
Impacts to the school from the proposed 52 additional townhouse dwelling units will be minimal.
Fiscal Impact
A fiscal impact analysis has been performed for the project (Attachment C). The applicant asked
staff to consider new assumptions when running the model, therefore, three scenarios are
provided: 1) current zoning; 2) proposed rezoning given standard assumptions; and 3) proposed
rezoning given developer-supplied assumptions. The fiscal impact given our standard
assumptions is $69,OOO/year, the fiscal impact given the developer-supplied assumptions is
$29,OOO/year.
Anticipated impact on cultural and historic resources
There are two properties in the generally area which have been surveyed for their potential
historic significance, but no historic resources are located on-site. No adverse impacts to the
historic properties are anticipated.
Anticipated impact on nearby and surrounding properties
There are two potential impacts on surrounding properties. Adjacent to the south is property,
also zoned R-l, which has a dog kennel. The owner ofthe property contacted staff and advised
that we will likely get calls from the new residents ofthis development about the barking dogs at
his kennel, but that he has no intention of moving. The applicants show an evergreen screen
between this property and the development. A second impact is on the Mill Creek South
development, which is being asked to provide an easement through their open space to extend
sewer service to this development. The sewer connection will result in a wide swath of clearing
to provide access down a steep wooded slope to lay the sewer line. The loss in mature
vegetation will be a significant negative impact on the Mill Creek South development and
especially the adjacent home owner. However, there are no reasonable alternatives to provide
sewer to this site, therefore, Mill Creek HOA has agreed to the easement with conditions
regarding the resulting vegetation (see letter as Attachment D).
Public need and justification for the change
This plan provides for a quality infill project that is in line with the County's growth
management policies and addresses most ofthe Neighborhood Model principles. Also, the
project provides 15% ofthe total dwelling units as meeting the County's goals for affordable
housing.
Private Roads
The project includes a private loop road, which ifthe applicant wishes to sell the townhouses as
individual units, will have to be approved by the Planning Commission under Section 14-232,
subsection A (1 & 4). A private road waiver request can only be processed with a subdivision
plat, which has not been submitted. However, staffhas reviewed the rezoning application with
5
the knowledge that private roads will be necessary to support this rezoning. Staffwill support an
eventual private road request if it is accompanied with a plat that is in general accord with the
rezoning and County private street requirements.
SUMMARY:
Staff has identified the following factors, which are favorable to this rezoning request:
· The proposal meets all applicable principles of the Neighborhood Model Principles,
including a public road parallel road to Avon St. Ext.;
· The proposal provides a mix of dwelling units, including 15% of the proposed units
meeting the affordability targets; and
· The proposal ensures building massing and architecture that will create a human-scale
development.
Staff has identified the following factors, which are unfavorable to this request:
· Most of the single-family homes will be served with individual grinder-pumps which are
not the ideal solution based on past experience, If these grinder pumps fail, the County
will have to deal with the complaints ITom the residents;
· The sewer connection through Mill Creek South Open Space will result in the removal of
large mature trees and degradation of that neighborhood's open space, although they have
agreed to provide the easement.
RECOMMENDED ACTION:
Staff recommends approval of the rezoning (ZMA 04-03) with the attached proffers.
ATTACHMENTS:
A. Locator Maps
B. Proffers
C. Fiscal Impact Analysis
D. Mill Creek South HOA letter
E, ZMA 04-03 Application Plan and
Building Elevations
6
.
ATTACHMENT "A"
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Original Proffer 5/19/2004
Amended Proffer
(Amendment # )
PROFFER FORM
Date of Proffer Signature: 6.15.04
ZMA # 2004-03
Tax Map 90 and Parcel Number 32
9.976 Acres to be rezoned from R-1 (Residential) to R-6
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 with the
offered plans approved for development. These conditions are proffered as a part of the requested rezoning and it is
agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a
reasonable relation to the rezoning request.
.
(1) The development on Tax Map 90, Parcel Numbers 32 shall be in general accord with the plan produced by
Weather Hill Homes, Ltd, dated April 21, 2004, entitled "Avon Park Site Plan", herein referred to as the plan,
(sheet S-l). The development shall be found in general accord with the plan if the layout is generally the same
with a buffer area to the south, open space along the Entrance Corridor, a central park space of the same size or
larger, and interconnections north and south.
(2) No building permit shall be issued unless and until the Director of Community Development, or his assigns,
determines that the townhome facades are in general accord with the sheets SC-2, SC-3, and SC-5a, of the
architectural plans dated April 26, 2004, entitled "Avon Park Townhomes". The façade shall be determined to
be in general accord with the architectural plans if the windows are in a similar alignment, and there are
architecture features that break up the massing of the buildings, such as the porches, porticos, and gables.
(3) The owner shall contribute $59,000 cash to the County for funding pedestrian improvements in the
Neighborhood that are identified in the County's capital improvement program prior to or at the time ofthe first
building permit for any dwelling unit within the development. If this cash contribution has not been exhausted
by the County for the stated purpose within ten (10) years from the date of the contribution, all unexpended
funds shall be refunded to the owner.
(4) The Owner shall design and construct a water tank of sufficient capacity to provide necessary water flow to the
development for fire fighting purposes and human consumption as required by law, prior to the issuance of any
building permits. The water tank and associated piping will be dedicated to the ACSA upon completion.
Signatures of All Owners
Vito Cetta
Printed Names of All Owners
June 15,2004
Date
Signature of Attorney-in-Fact
Printed Name of Attorney-in-Fact
.
Avon Park
Weather Hill Homes, Ltd.
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COUNTY OF ALBEMARLE
ATTACHMENT C
.~~~
VI
MEMORANDUM
TO: Margaret Doherty, Principal Planner
FROM:
Steven A. Allshouse, Fiscal Impact Analyst ~
DATE:
May 18, 2004
RE:
ZMA 04-03 (Avon Park)
I analyzed three separate scenarios for the property in question. The first scenario involved the
maximum new development that could take place under existing zoning. The second scenario used
the standard set of assumptions in CRIM and involved the new development that would occur if the
County approved the proposed zoning change for the property in question. The third scenario used
some developer-supplied assumptions and involved the new development that would take place if the
County approved the proposed zoning change for the property. The results of these three analyses
appear in the three attached spreadsheet printouts.
In the case of the first scenario, I assumed that 9 SFD' s would be built during the course of the next
year. CRIM estimates that, after build-out, this type and level of development would result in the
following net annual fiscal impact:
Fiscal Impact -- Current Zoning
Property Taxes
Other Revenues
$15,OÒO
23,000
Total Revenues
$38,000
Net Annual Fiscal Impact
($44,000)
(9,000)
($53,000)
($15,000)
School Expenditures
County Govt. Expenditures
Total Expenditures
,¡. 0-
..
.£..
.
.
.
ZMA 04-03
May 18, 2004
Page Two
ATTACHMENT C
In terms of the annual impact that this development would have on the County's capital costs, CRJM
estimates the following result:
CIP Impact -- Current Zoning
Schools CF Pay-As-You-Go
Schools CF Debt Service
Total Schools CIP Impact
County CF Pay-As- You-Go
County CF Debt Service
Total Cty. Govt. CIP Impact
Net Annual CIP Impact
($0)
($18,000)
($18,000)
($0)
($0)
($0)
($18,000)
Note that these ClP figures are included in the fiscal impact numbers listed on the previous page.
(The $18,000 in capital costs is part of the $53,000 in the estimated total annual expenditures
resulting from the d£velopment of nine SFD's). These ClP numbers are presented separately to
highlight the magnitud£ of the capital costs that would be associated with such d£velopment.
The second scenario that I ran involved the proposed construction of 16 SFD' s and 45 SF AfIH units
on the property. I assumed the development would be completed in one year. CRIM estimates that,
after build-out, this project would have the following net annual fiscal impact:
Fiscal Impact -- Proposed Zoning (Official)
Property Taxes
Other Revenues
Total Revenues
School Expenditures
County Govt. Expenditures
Total Expenditures
Net Annual Fiscal Impact
$80,000
126,000
$206,000
($237,000)
($53,000)
($290,000)
($84,000)
"" 1
1
ATTACHMENT C
ZMA 04-03
May 18, 2004
Page Three
As for the impact of this proposed development on the County of Albemarle's capital costs, CRIM
estimated the following outcome:
CIP Impact -- Proposed Zoning (Official)
Total Schools CIP ~pact
($0)
($83,000)
($83,000)
Schools CF Pay-As-You-Go
Schools CF Debt Service
Total Cty. Govt. CIP Impact
($0)
($0)
($0)
County CF Pay-As- You-Go
County CF Debt Service
Net Annual CIP Impact
($83,000)
Again, these CIP numbers are included in the total annual expenditures of$290,000 shown on the
previous page, and are presented separately to illustrate the relative magnitude of capital costs.
The numbers generated by the two scenarios that I ran indicate that, if the County approves
ZMA 04-03, the differential net annual f'ISCal impact would be $15,000 - $84,000 = -$69,000.
Tbis number means that, annuaUy, the County would be $69,000 worse otI approving ZMA 04-
03 than denying the proposal.
The third scenario that I ran was the same as the second except that in the third scenario I assumed
that the SFAlTH's had an average taxable value of $257,000 and that the SFD's had an average
taxable value of$450,000. Under this set ofcÌfcumstances, CRJMestimated that, after build-out, the
project would generate the annual net fiscal impact found on the next page.
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ZMA 04-03
May 18, 2004
Page Four
A TT ACHMENT C
Fiscal Impact -- Proposed Zoning (Unofficial)
Property Taxes
Other Revenues
Total Revenues
School Expenditures
County Govt. Expenditures
Total Expenditures
Net Annual Fiscal Impact
$117,000
126,000
$243,000
($237,000)
($53,000)
($290,000)
($47,000)
AB for the impact ofthis proposed development on the County of Albemarle's capital costs, CRIM
estimated the following outcome:
CIP Impact -- Proposed Zoning (Unofficial)
Schools CF Pay-As- You-Go
Schools CF Debt Service
Total Schools CIP Impact
County CF Pay-As- You-Go
County CF Debt Service
Total Cty. Govt. CIP Impact
Net Annual CIP Impact
($0)
($83,000)
($83,000)
($0)
($0)
($0)
($83,000)
Again, these CIP numbers are included in the total annual expenditures of $290,000 shown above,
and are presented separately to illustrate the relative magnitude of capital costs.
The numbers generated by the first and third scenarios that I ran indicate that, if the County
approves ZMA 04-03, the differential net annual fiscal impact would be $15,000 - $47,000 =-
$32,000. This number means that, annuaUy, the County would be $29,000 worse off approving
ZMA 04-03 than denying the proposal.
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ATTACHMENT C
ZMA 04-03
May 18, 2004
Page Five
Notes: (1) Although my analysis suggests that the approval of ZMA 04-03 might result in a net
annual fiscal drain to the County, this fact alone does not necessarily mean that ZMA 04-03 should be
denied, since the total mix of development taking place in Albemarle County in any given year might
generate a revenue-neutral outcome; (2) If Albemarle does not approve ZMA 04-03, the growth that
is assumed to be associated with this proposed development likely would take place somewhere else
in the County; and (3) When deciding whether or not to approve a proposed development, Albemarle
takes into consideration a number of issues other than just the project's fiscal impact. These issues
include, but are not necessarily limited to, affordable housing, transportation impacts, and
environmental well-being.
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ATTACHMENT D
MILL CREEK SOUTH HOMEOWNERS ASSOCIATION
P.O. BOX 1283
CHARLOTTESVILLE VA 22902
April 27, 2004
Ms. Margaret Doherty
Principal planner
Albemarle County Department of
Planning and Community Development
401 McIntire Road, Room 218
Charlottesville VA 22902-4596
Re: ZMA 2004-003 Avon Park (Sign #81), Tax Map 90, Parcel
32
Dear Ms. Doherty:
The Mill Creek South Homeowners Association has reviewed
the request by Weather Hill Homes, Ltd., for a zoning map
amendment to permit development of Tax Map 90, Parcel 32.
Thank you for assisting us by providing information to
Sally Mank, the Board's representative. The Association
has also obtained helpful information from and discussed
the project with Pete Gorham of the Albemarle County
Service Authority and with Marc Powell and Betty Groth of
Weather Hill Homes.
The principal impact on Mill Creek South from the proposed
development would be the construction of a sewer, requiring
a 40-foot construction easement and a permanent 20-foot
utility easement. The Association is concerned about both
the impact of construction on the adjoining lot owner and
the common area and the creation of a permanent open swath
through our wooded open space. For this reason, we would
prefer that the sewer connection for the Avon Park
development not cross Mill Creek South's common area.
Other concerns about the proposed project are the
connecting roads to adjacent properties and their potential
impact on Mill Creek South and the minimal rear yards for
the hilltop townhouses that will increase their visibility
from Stoney Creek Drive.
If an alternative sewer connection is not possible, then we
will insist that the sewer easement be relocated away from
the property line with Lot 1 (as was shown on the draft
easement agreement sent to the Association and to the
~8
A TT ACHMENT D
.
adjoining homeowner, Mrs. Nini Almy). The alignment of the
easement should remove or cause root damage to as few large
trees as possible and should avoid creating a visible open
path through the woods above Stoney Creek Drive. We have
discussed this requirement with Marc Powell and Betty Groth
of Weather Hill Homes and obtained a verbal agreement that
Weather Hill will layout an alignment that is responsive
to our concerns and allow us to review the alignment on the
ground before they proceed to redraft the easement
agreements.
.
Mrs. Almy, the owner of Lot 1, worked with an arborist to
document the number of mature trees, young trees and other
plants that would be removed by the sewer alignment we were
asked to approve. Within the 40-foot temporary easement,
they counted over 100 mature trees, including beech, red
oak, white oak, red maple, walnut and tulip poplar. Some
of the oaks are over 100 years old. The understory
includes over 300 dogwoods, red cedars and young hardwoods
and an abundance of ferns and wildflowers. Obviously, any
sewer construction will require some clearing, but we ask
that the alignment be selected to minimize both removal of
and damage to large trees.
We will expect the County, as a condition of development
approval, to require erosion control measures for the sewer
construction that are based on field inspection by the
County of the soil and slope conditions of the site. We
will also expect the County to require restoration of the
woodland (to the extent allowed by ACSA) and the open slope
to their prior condition at the earliest possible time.
Neither the homeowner nor the Association should be subject
to any unusual effort or expense to maintain the stabilized
and replanted construction area, either initially or over
time.
We have noted that the developer's plans do not show the
preservation of natural woodlands; the site is shown as
fully developed. The Albemarle County Land Use Plan calls
for wooded buffers between subdivisions in the Designated
Development Areas (General Land Use Standards, page 21) .
If the development does not preserve natural areas, then
maintenance of Mill Creek South's woodland is especially
important.
.
While Mill Creek South's common area creates a substantial
wooded buffer with Parcel 32, our review of the current
19
ATTACHMENT D
rezoning request has alerted the Association to the fact
our common area provides little or no buffer with the
Breeden property along the extensive boundary we share with
that parcel. This border area contains many large
hardwoods, including a number of beautiful mature beeches.
We would like to take this opportunity to request that the
County recognize the need to provide for a wooded buffer on
the Breeden property where it adjoins Mill Creek South,
should that parcel be proposed for development.
On behalf of the Board of Directors, I appreciate this
opportunity to comment on the proposed zoning map amendment
and to request that the County act to protect our open
space as set forth in this letter.
Very truly
yours,
Don Lepsch
President,
MCSHOA
rq
.. \
ATTACHMENT E
Aprill,2004
WEATHER HlU.. DEVELOPMENT
Aoalysis of ^ yon Park.
TM90 Pon:el32
Route 742, Avon Road Exteoded
9.976 Acres
Prescot Zoainl RI
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZTA 03-02 Personal Wireless Service Facilities
AGENDA DATE:
July 14, 2004
ACTION: X
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Amendments to the Zoning Ordinance implementing
the second phase of regulations pertaining to
personal wireless service facilities. This amends
several existing regulations and adds provisions for
the three-tiered review system recommended by the
Personal Wireless Service Facilities Policy.
CONSENT AGENDA:
ACTION:
INFORMATION:
ATTACHMENTS: Yes
STAFF CONTACTlS):
Tucker, Foley, Davis, Kamptner, McCulley, Sprinkle,
Waller
REVIEWED BY:
~
I
LEGAL REVIEW: Yes
BACKGROUND:
At its meeting on April 20, 2004, the Planning Commission reviewed and unanimously recommended approval of the
proposed amendments to Section 5.1.40 of the Zoning Ordinance, related definitions in Section 3.1 , and individual district
regulations allowing Tier I and Tier II personal wireless service facilities by right and Tier III personal wireless service
facilities by special use permit. The latest proposed draft amended, dated July 7,2004, is attached as Attachment A, and
the staff report and text amendment from the Planning Commission meeting are attached as Attachments Band C.
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.
Goal 4.1: Provide effective, responsive and courteous service to our customers
DISCUSSION:
The Planning Commission requested that the following changes be made to address their specific concerns:
· Include a provision that would allow an applicant to submit an application for a Tier III facility if that same facility was
denied as a Tier II facility.
Note: This has been addressed under Section 3.1 of the revised ordinance amendment in the definition for Tier
11/ fací/íties.
· Include language that would enable an applicant to appeal the denial of a waiver to allow a Tier II facility to be
installed more than 7 feet, but not more than 10 feet, above the tallest tree within 25 feet.
Note: This has been addressed in the last sentence of Section 5.1.40.d(5).
· Include a list of specific criteria and guidelines for the Zoning Administrator to determine whether to require surety for
the cost of removing a facility.
Note: These criteria have been added to Section 5.1.40.c(6).
· Revise the tree conservation requirements to require a tree conservation plan in all cases; the prior draft allowed the
applicant to submit a statement that no tree would be removed in lieu of a tree conservation plan.
Note: These revised tree conservation requirements are in Section 5.1.40.c(4).
AGENDA TITLE:
ZTA 03-02 Personal Wireless Services Facilities Policy
July 14, 2004
Page 2
Some representatives of the wireless industry expressed concern to the Planning Commission that the proposed definition
of "avoidance area" was so broad that virtually all treetop wireless facilities would be classified as Tier III facilities, requiring
a special use permit (in contrast, a Tier II facility would be approved by the Commission without conditions provided all
applicable regulations were satisfied). Although the Commission briefly discussed this concern, it did not make a
recommendation as to whether the definition should be revised. After the Planning Commission meeting, staff conducted
research that found that all of the treetop facilities approved by the Board within the past two years would have been
classified as Tier III facilities. In response to these findings, staff recommends that the definition of "avoidance area" be
narrowed to encompass those resources commanding the greatest protection in the Natural Resources and Cultural
Assets section of the Comprehensive Plan and the Personal Wireless Service Facilities Policy. The two criteria deleted
from the prior draft are: "any location that would adversely impact any resource identified in the open space plan or a
natural resource or cultural asset identified in chapter 2 of the comprehensive plan", and "any location having unlimited
visibility."
RECOMMENDATIONS:
After the public hearing, staff recommends that the Board adopt the attached ordinance dated July 7, 2004.
ATTACHMENTS:
A - Latest proposed zoninq ordinance amendment dated Julv 7.2004
B - Staff report from the Planning Commission meeting on April 20. 2004
C - Previously proposed zoninq ordinance text. dated April 14. 2004
04.103
21-¿j 7-/~¿;:fj/
Draft: 07/07/04
ORDINANCE NO. 04-18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL
PROVISIONS, ARTICLE II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT
REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that
Chapter 18, Zoning, Article I, General Provisions, Article II, Basic Regulations, and Article III,
District Regulations, of the Code of the County of Albemarle are amended and reordained as
follows:
By Amending:
Sec. 3.1
Sec. 5.1.40
Sec. 10.2.1
Sec. 10.2.2
Sec. 12.2.1
Sec. 12.2.2
Sec. 13.2.1
Sec. 13.2.2
Sec. 14.2.1
Sec. 14.2.2
Sec. 15.2.1
Sec. 15.2.2
Sec. 16.2.1
Sec. 16.2.2
Sec. 17.2.1
Sec. 17.2.2
Sec. 18.2.1
Sec. 18.2.2
Sec. 19.2.1
Sec. 19.2.2
Sec. 20.3.1
Sec. 20.3.2
Sec. 20A.6
Sec. 22.2.1
Sec. 22.2.2
Sec. 23.2.1
Sec. 23.2.2
Sec. 24.2.1
Sec. 24.2.2
Sec. 25.2.2
Sec. 27.2.1
Sec. 27.2.2
Sec. 28.2.1
Definitions
Personal wireless service facilities
By right
By special use pennit
By right
By special use pennit
By right
By special use pennit
By right
By special use pennit
By right
By special use pennit
By right
By special use pennit
By right
By special use pennit
By right
By special use pennit
By right
By special use pennit
By right
By special use pennit
Pennitted uses
By right
By special use pennit
By right
By special use pennit
By right
By special use pennit
By special use pennit
By right
By special use pennit
By right
1
Draft: 07/07/04
Sec. 28.2.2 By special use permit
Sec. 30.3.5.1.1 By right within the floodway
Sec. 30.3.5.2.1 By special use permit within the floodway
Chapter 18, Zoning
Article I. General Provisions
See, 3.1 Definitions
Antenna arrav: An orderlv arran2:ement of antennas mounted at the same heililit on a tower or
other structure and intended to transmit a simal Drovidin2: coveraæ over a sDecific area for a
sin2:le Drovider of Dersonal wireless services.
Avoidance area: An area havin2: simificant resources where the sitin2: ofDersonal wireless
service facilities could result in adverse imDacts as follows: any rid2:e area where a Dersonal
wireless service facility would be skvli2:hted: on a Darcel within an a2:ricultural and forestal
district: on a Darcel subiect to a conservation or an ODen SDace easement: on a Darcel within a
historic district: any location within two hundred (200) feet of an existin2: or aDDroved Dersonal
wireless service facility: any location within two hundred (200) feet of any state scenic hililiwav
or by-way: any location within two hundred (200) feet of any state scenic river: any location
within two hundred (200) feet of any national Dark or national forest.
Personal wireless service facility: A facility for the provision of personal wireless services, as
defined by 47 V.S.C. § 332 (Section 704 of the Telecommunications Act of 1996), including
those Federal Communications Commission licensed commercial wireless telecommunications
services such as cellular, personal communications services (PCS), specialized mobile radio
(SMR), enhanced specialized mobile radio (ESMR), and unlicensed wireless services and
common carrier wireless exchange access services. The use identified in this chapter as
"mierovlave and radio '.'.'-ave transmission and relay to\vers, substations and appurtenances"
includes personal wireless serviee facilities.
Reference tree: A tree desi2:nated for determinin2: the tOD hei2:ht of a treetoD facilitv's monoDole
mountin2: structure. This may either be the tallest tree within twenty five (25) feet of the
DroDosed monoDole or a shorter tree that has been strate2:icallv identified for screenin2: and
camoufla2:in2: DUfDoses.
Ridf!e area: All land within one hundred (100) vertical feet of. and includin2:. the ridæline and
Deaks of a mountain or chain of mountains. as identified on a rid2:e area maD apDroved bv the
board of sUDervisors.
Ridf!eline: The UPDermost line created bv connectin2: the Deaks of a mountain or chain of
mountains. and from which land declines in elevation on at least two (2) sides. as identified on a
ridæ area maD aDDroved bv the board of sUDervisors.
Skvlif!ht: Locatin2: a Dersonal wireless service facility in such a way that the sky is the backdroD
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of any oortion of the facility. SkvliQht has the same meaninQ as "skvlininQ." as that term is used
in the wireless oolicv.
Tier I Dersonal wireless service facilitv or Tier I facilitv: A oersonal wireless service facility that:
(i) is located entirely within an existinQ buildinQ but which may include a self-contained shelter
or cabinet not exceedin!.! one hundred fifty (150) sauare feet that is not within the buildin!.! or a
whio antenna that satisfy the reauirements of section 5 .1.40( c): (ii) consists of one or more
antennas. other than a microwave dish. attached to an existin!.! conforminQ structure other than a
flaQ oole. that do not exceed the hei!!ht of the structure. and are flush mounted to the structure.
to !:!ether with associated oersonal wireless service eauioment: or (iii) is located within or
camoufla!.!ed bv an addition to an existinQ structure determined bv the aQent to be in character
with the structure and the surroundinQ district.
Tier II Dersonal wireless service facilitv or Tier II facilitv: A oersonal wireless service facility
that is a treetoo facility not located within an avoidance area.
Tier III Dersonal wireless service facilitv or Tier III facilitv: A oersonal wireless service facility
that is neither a Tier I nor a Tier II facility. includinQ a facility that was not aODfoved bv the
commission or the board of suoervisors as a Tier II facility.
TreetoD facilitv: A oersonal wireless service facility consistinQ of a self-suooortinQ monooole
havinQ a sinQle shaft of wood. metal or concrete no more than ten (10) feet taller than the crown
of the tallest tree within twentv- five (25) feet of the monooole. measured above sea level (ASL).
and includes associated antennas. mountin!.! structures. an eauioment cabinet and other essential
oersonal wireless service eauioment.
Article II, Basic Regulations
See, 5.1.40 Personal wireless service facilities
The purpose of this section 5.1.40 is to implement the personal wireless service facilities policy,
adopted as part of the comprehensive plan. Each personal wireless service facility (hereinafter
"facility") shall be subject to following. as aoolicable:
a. Application for approval: Each request for approval of a personal '.'lireless service facility
shall include the following information:
1. A completed application form, signed by the ~ owner, the ~ owner's
agent or the contract purchaser. and the Dfooosed facility's owner. If the owner's
agent signs the application, he shall also submit written evidence of the existence
and scope of the agency, Ifthe contract purchaser signs the application, he shall
also submit the owner's written consent to the application.
2. A recorded plat or recorded boundary survey of the parcel on which the facility
will be located; provided, if neither a recorded plat nor boundary survey exists, a
copy of the legal description of the parcel and the Albemarle County Circuit
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Court deed book and page number.
3. The identity of the owner of the parcel and, ifthe owner is other than a real
person, the complete legal name of the entity, a description of the type of entity,
and written documentation that the person signing on behalf of the entity is
authorized to do so.
4. Except where the facility will be located entirely within an existing structure, a
scaled plan and a scaled elevation view and other supporting drawings,
calculations, and other documentation required by the director of planning and
comnumity development a!.ænt, signed and sealed by an appropriate licensed
professional. The plans and supporting drawings, calculations and documentation
shall show:
(a) The location and dimensions of all existinl.! and proposed improvements
on the Darcel includinl.! access roads and structures. the location and
dimensions of sis.mificant natural features. and including the maximum
height above ground of the facility (also identified in height above sea
level)~
ílù The benchmarks and datum used for elevations. The datum shall coincide
with the Viminia State Plane Coordinate SYstem. South Zone. North
American Datum of 1983 CNAD83t United States Survey Feet North
American Vertical Datum of 1988 CNA VD88t and the benchmarks shall
be acceDtable to the county enl.!ineer.
(~ The design of the facility, including the specific type of support structure
and the design, type, location, size, height and configuration of all existinl.!
and proposed antennas and other equipment.
úU Identification of each Daint color on the facility. bv manufacturer color
name and color number. A Daint chiD or samDle shall be Dfovided for each
color.
(e~ Except where the facility would be attached to an existing structure, the
topography within two thousand (2,000) feet of the proposed facility, in
contour intervals not to exceed ten (10) feet for all lands within Albemarle
County and. in contour intervals shown on United States Geolol.!ical
Survey tODo!.!faDhic survey maDS or the best tODo!.!faDhic data available.
for lands not within Albemarle County.
(Eli) The height. caliDer and sDecies of all trees where the driDline is located
within fifty (50) feet of any proposed monopole or to'1/er relied upon to
establish the proposed height and/or screening ofthe monopole or tower
of the facility that are relied UDon to establish the DfoDosed heicl1t and/or
screeninl.! ofthe monoDole. All trees that will be adversely imDacted or
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removed durine: installation or maintenance of the facilitv shall be noted.
ree:ardless of their distances to the facilitv.
(@g) All existing and proposed setbacks, parking, fencing and landscaping.
(tb) The location of all existine: accesswavs and the location and design of all
proposed accessways.
(gi) Except where the facility would be attached to an existing structure,
residential and commercial structures, and residential and rural areas
zoning district boundaries, agrieultural and forestal district bOl:Hldaries and
parcels subjeet to conservation casements within two thousand (2,000) feet
of the faeility.
(hi) ¡£the DroDosed tower will be taller than one hundred fiftv (150) feet. +the
proximity of the facility to commercial and private airports.
5. Photographs. where Dossible. or DersDective drawine:s of the facilitv site and all
existine: facilities within two hundred (200) feet of the site. if anv. and the area
sUIToundine: the site.
6. For any proposed monopole or tower, photographs taken of a balloon test, which
shall be conducted as follows:
(a) The applicant shall contact the department of planning and community
development ~ within thirty (30) days after the date the application
was submitted to schedule a date and time when the balloon test will be
conducted. The test shall be conducted within sixty (60) days after the
date the application was submitted, and the applicant shall provide the
department ~ with at least seven (7) days prior notice; provided that
this deadline may be extended due to inclement weather or by the
agreement of the applicant and the department ae:ent.
íb1 Prior to the balloon test. the locations of the access road. the lease area. the
tower site. the reference tree and the tallest tree within twentv five (25)
feet of the DroDosed monoDole shall be surveved and staked or flae:e:ed in
the field.
(b£) The test shall consist of raising one or more balloons from the site to a
height equal to the proposed facility.
(~ The balloons shall be of a color or material that provides maximum
visibility.
(d~ The photographs of the balloon test shall be taken from the nearest
residence and from appropriate locations on abutting properties, along
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each publicly used road from which the balloon is visible, and other
properties and locations as deemed appropriate by the director of planning
and community development ae:ent. The applicant shall identify the
camera type, film size, and focal length of the lens for each photograph.
7. If antennas are DroDosed to be added to an existine: structure. all existine: antennas
and other eauiDment on the structure. as well as all QIound eauiDment. shall be
identified bv owner. tvne and size. The methodes) bv which the antennas will be
attached to the mountine: structure shall be deDicted.
b. Gcncr-tll rcgul-tltians Exemvtion from ref!Ulations otherwise avvlicable: Except as
otherwise pro'áded exemDted in this paragraph, each facility shall be subject to all
applicable regulations in this chapter.
1. Notwithstanding section 4.2.3.1 ofthis chapter, a facility may be located in an
area on a lot or parcel other than a building site.
2. Notwithstanding section 4.1O.3.l(b) of this chapter, the director of planning and
community de'¡elopment ae:ent may authorize a facility to be located closer in
distance than the height of the tower or other mounting structure to any lot line if
the applicant obtains an easement or other recordable document showine:
ae:reement between the lot owners. acceptable to the county attorney prohibitin&
addressine: development on the part of the abutting let Darcel sharing the common
lot line that is within the facility's fall zone (e.g., the setback of an eighty (80)
foot-tall facility could be reduced to thirty (30) feet if an easement is established
prohibiting development on the abutting lot within a fifty (50) foot fall zone). If
the rie:ht-of-wav for a Dublic street is within the fall zone. the Vire:inia DeDartment
of TransDortation shall be included in the staff review. in lieu ofrecordine: an
easement or other document.
3. The area and bulk regulations or minimum yard requirements of the zoning
district in which the facility will be located shall not apply.
4. Notwithstanding section 4.11 of this chapter, a facility may be located in a
required yard.
5. Notwithstanding section 32.2 of this chapter, a site plan shall not be required for a
facility, but the facility shall be subject to the requirements of section 32 and the
applicant shall submit all schematics, plans, calculations, drawings and other
infonnation required by the director of planniRg and eommunity development
ae:ent to detennine whether the facility complies with section 32. In making this
detennination, the director ~ may impose reasonable conditions authorized by
section 32 in order to assure compliance.
6-: A facility, other than a mierowa'¡e dish, attached to an existing structure other
than a toy/er or pole and which docs Rot meeeed the height of the existing structure
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and is flush mounted to the struomre, shall be permitted as a by right use;
pro·,ided, however, it shall be subjeet to all applicable reg1:llations applying to the
existing structure and to the regulations set forth in subseotion 5.1. 4D( c ).
~ f.. faoility looated entirely vlÏthin an existing building shall be permitted as a by
right use; provided, however, it shall be subject to all applioable regulations
applying to the b1:lilding. Such a by right use facility may include a self contained
shelter or oabinet not loeated vlÏthin a b1:lilding if it is screened from p{tblic view
or a ""hip antennae less than six (6) inches in diameter whioh exceeds the height
of the existing building.
c. Regul&tiens applieabk w a facility atttlchetl Ie all existing structur-c Tier I facilities. A
by right use facility described in subseetion 5.1.1 D(b)( 6) shall be installed and operated
subject to the following regulations Each Tier I facility may be established uuon aUDfoval
of an auulication satisfvin!! the reauirements of subsection 5 .1AD( a) bv the a!!ent.
demonstratin!! that the facility will be installed and ouerated in comuliance with all
auulicable Dfovisions of this chauter. satisfvin!! any conditions ofthe architectural review
board. and meetin!! the followin!! conditions:
1. The facility shall comulv with subsection 5.1AD(b)'
+~. The facility shall be designed, constructed and maintained as follows: (i) guy
wires shall not be permitted; (ii) outdoor lighting for the facility shall be permitted
only during maintenance periods; regardless of the lumens emitted, each outdoor
luminaire shall be fully shielded as required by section 4.17 of this chapter; (iii)
any equipment cabinet not located within the existing structure shall be screened
from p1:1blio view from all lot lines either bv terrain. existin!! structures. existin!!
ve!!etation. or bv added ve!!etation aUDfoved bv the county'S landscaue ulanner;
(iv) a whip antenna less than six (6) inches in diameter may exceed the height of
the existing structure; (v) a grounding rod, whose height shall not exceed two feet
and whose width shall not exceed one ill-inch in diameter at the base and
tapering to a point, may be installed at the top of facility or the structure; and (vi)
within one month after the completion ofthe installation of the facility, the
applicant shall provide a statement to the department of planning and community
development ~ certifying that the height of all components of the facility
complies with this regulation.
~l Equipment shall be attached to the exterior of a structure only as follows: (i) the
total number of arrays of antennas attached to the existing structure shall not
exceed three (3), and each antenna proposed to be attached under the pending
application shall not exceed the size shown on the application. which size shall
not exceed one thousand one hundred fifty two (1152) sauare inches; (ii) 6flly
flush mo1:lflted antennas shall be permitted; no antenna shall project from the
structure beyond the minimum required by the mounting equipment, and in no
case shall any uoint on the face of an antenna project more than twelve (12) inches
from the existing structure; and (iii) each antenna and associated equipment shall
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be a color that matches the existing structure. For uumoses ofthis section. all
twes of antennas and dishes rellardless of their use shall be counted toward the
limit of three arrays.
31· Prior to beginning construetion or iastallation of any equipment cabinet not
located 'Nithin the existing struetlire, or installation of access for yehioles or
utilities, a tree eonservation plan, developed by a certified arborist, specifying tree
proteetion methods and procedures, and identifying any existing trees to be
remoyed on the site both inside and outside the aceess easement and lease area
shall be submitted to the director of plæming and community dcyelopment for
approyal. All eonstructioa or installations associated with the equipment cabinet,
including necessary access for construction or installation, shall be in aecordance
with this tree eonservation plan. Except for the tree removal expressly authorized
by the direetor, the applicant shall not remove existing trees '.yithin two hundred
(200) feet ofthe lease area, or the vehieular or utility access. Prior to issuance of
a buildinll uennit. the auulicant shall submit a tree conservation ulan Dfeuared bv
a certified arborist. The ulan shall be submitted to the aænt for review and
auuroval to assure that all auulicable reQuirements have been satisfied. The ulan
shall suecifv tree Dfotection methods and Dfocedures. and identify all existinll
trees to be removed on the Darcel for the installation. oueration and maintenance
of the facility. Exceut for the tree removal eXDfesslv authorized bv the allent. the
auulicant shall not remove existinll trees within the lease area or within one
hundred (10m feet in all directions surroundinll the lease area of any Dart of the
facility. In addition. the a!!ent may identify additional trees or lands uu to two
hundred (20m feet from the lease area to be included in the ulan.
5. The installation. oueration and maintenance of the facility shall be conducted in
accordance with the tree conservation ulan. Dead and dvin!! trees identified bv
the arborist's reuort may be removed if so noted on the tree conservation ulan. If
tree removal is later reQuested that was not auuroved bv the aænt when the tree
conservation ulan was aUDfoved, the auulicant shall submit an amended ulan. The
aænt may aUDfove the amended ulan if the Dfouosed tree removal will not
adversely affect the visibility of the facility from any location off of the uarcel.
The aænt may imuose reasonable conditions to assure that the uumoses of this
uarallfauh are achieved.
46. The facility shall be disassembled and removed from the site within ninety (90)
days of the date its use for wireless teleeonnmm.ications uersonal wireless service
purposes is discontinued. If the a!!ent detennines at any time that surety is
reQuired to Illiarantee that the facility will be removed as reQuired. the allent may
reQuire that the Darcel owner or the owner of the facility submit a certified check.
a bond with surety. or a letter of credit. in an amount sufficient for. and
conditioned uuon. the removal of the facility. The twe and fonn ofthe surety
Illiarantee shall be to the satisfaction of the a!!ent and the county attorney. In
detenninin!! whether surety should be reQuired. the a!!ent shall consider the
followin!!: (i) the annual reuort states that the tower or uole is no lon!!er bein!!
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used for nersonal wireless service facilities: (ii) the annual renort was not filed:
(iii) there is a chan!!e in technolo!!v that makes it like Iv that tower or Dole will be
unnecessary in the near future: (iv) the nennittee fails to comnlv with annlicable
re!!ulations or conditions: (v) the nennittee fails to timely remove another tower
or Dole within the county: and (vi) whenever otherwise deemed necessary bv the
a!!ent.
§.z. The applicant owner of the facility shall submit a report to the zoning
administrator a!!ent by no earlier than Mav or and no later than July 1 of each
year. The report shall identify each user ofthe existing structure that is a wireless
telecommWlicatioßs service provider. and include a drawin!!. nhoto!ITanh or other
illustration identifvin!! which eauinment is owned and/or onerated bv each
nersonal wireless service movider. Multinle users on a sin!!le tower or other
mountin!! structure may submit a sin!!le renort. movided that the renort includes a
statement silmed bv a remesentative from each user acauiescin!! in the renort.
6~. No slopes associated with construction the installation of the facility and
accessory uses shall be created that are steeper than 2: 1 unless retaining walls,
revetments, or other stabilization measures acceptable to the county engineer are
employed.
7. The regulations iß section 5.1.12(a), (b) and (c) of this chapter shall apply.
&2· Any equipment cabinet not located within the existing structure an existin!!
buildin!! shall b~ fenced only with the approval of the director of planning and
community de>¡elopmeßt a!!ent unon findin!! that the fence: (i) would motect the
facility from tresnass in areas ofhicl1 volumes of vehicular or nedestrian traffic or.
in the rural areas. to motect the facility from livestock or wildlife: (ii) would not
be detrimental to the character of the area: and (iii) would not be detrimental to
the nublic health. safety or !!eneral welfare; (ii) screened from all lot lines either
by the terrain, existing structures, existing vegetation, or by added vegetation
approved by the COURty'S landscape planner.
d. Tier II facilities. Each Tier II facility may be established unon commission anmoval of an
annlication satisfvin!! the reauirements of subsection 5 ,IAO( a) and demonstratin!! that the
facility will be installed and onerated in comnliance with all annlicable movisions ofthis
chanter. and criteria (1) throu!!h (7) below. The commission shall aet on each annlieation
within the time neriods established in section 32.4.2.6. The commission shall anmove
each annlication. without conditions. once it detennines that all of these reauirements
have been satisfied. If the commission denies an annlieation. it shall identify which
reauirements were not satisfied and infonn the annlicant what needs to be done to satisfy
each reauirement.
1. The facility shall comnlv with subsection 5.1.40(b) and subsection 5.1.40(c)(2)(i)
throucl1 (v). (3). (4), (5), (6), (7) and (8),
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2. The facility shall be sited to minimize its visibility from adiacent Darcels and
streets. re ;mrdless of their distance from the facility.
3. The facility shall not adversely imDact resources identified in the county'S ODen
SDace Dlan.
4. The maximum base diameter of the monoDole shall be thirty (30) inches and the
maximum diameter at the tOD of the monoDole shall be eiQ:hteen (18) inches.
5. The tOD ofthe monoDole. measured in elevation above mean sea level. shall not
exceed the heicllt aDDfoved bv the commission. The aDDfoved heicllt shall not be
more than seven (7) feet taller than the tallest tree within twenty-five (25) feet of
the monoDole. and shall include any base. foundation or In"adinQ: that raises the
Dole above the Dre-existinQ: naturalln"ound elevation: Dfovided that the heicllt
aDDfoved bv the commission may be UD to ten (10) feet taller than the tallest tree
if the owner of the facility demonstrates to the satisfaction of the commission that:
(i) Dhvsical constraints reQuire that the monoDole be more than seven (7) feet
taller than the tallest tree: (ii) there is not a material difference in the visibility of
the monoDole at the DfoDosed heiQ:ht. rather than at a heicllt seven (7) feet taller
than the tallest tree: and (iii) ) there is not a material difference in adverse imnacts
to resources identified in the county's ODen SDace nlan caused bv the monoDole at
the DfoDosed heiQ:ht. rather than at a heicllt seven (7) feet taller than the tallest
tree. The aDDlicant may aDDeal the commissioner's denial of a modification to the
board of sUDervisors as Dfovided in subsection 5 .1.40( d)(11 ).
6. Each wood monoDole shall be a dark brown natural wood color: each metal or
concrete monoDole shall be Dainted a brown wood color to blend into the
surroundinQ: trees. The In"ound eQuiDment cabinet. antennas and sUDDortinQ:
brackets. concrete Dad and all other eQuiDment attached to the monoDole shall be a
color that close1v matches that of the monoDo1e.
7. Each wood monoDo1e shall be constructed so that all cables. wirinQ: and similar
attachments that run vertically from the In"ound eQuiDment to the antennas are
D1aced on the Dole to face the interior of the DfoDertv and away from Dub1ic view.
as detennined bv the aQ:ent. Metal monoDoles shall be constructed so that
vertical cables. wirinQ: and similar attachments are contained within the
monoDole's structure.
~ The followinQ: shall be submitted with the buildinQ: Dennit aDDlication: (i)
certification bv a reQ:istered surveyor statinQ: the heiQ:ht of the reference tree that is
used to detennine the Dennissible heicllt of the monoDole: and (ii) a final revised
set ofD1ans for the construction ofthe facility. The aQ:ent shall review the
surveyor's certificate and the nlans to assure that all aDDlicable reQuirements have
been satisfied.
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9. The followim! shall be submitted to the al!ent after installation ofthe monoDole is
comDleted and Drior to issuance of a certificate of OCCUDancv: (i) certification bv a
rel!istered surveyor statinl! the heililit of the monoDole. measured both in feet
above !!found level and in elevation above mean sea level. usinl! the benchmarks
or reference datum identified in the aDDlication: and (ii) certification statinl! that
the lil!htninl! rod's heil!ht does not exceed two (2) feet above the tOD of the
monoDole and width does not exceed a diameter of one (1 ) inch.
10. Notice ofthe commission's consideration of an aDDlication for a Tier II facility
shall be sent bv the al!ent to the owner of each lot abuttinl! the lot on which the
DfoDosed facility will be located. The notice shall describe the nature of the
facility. its DfoDosed location on the lot. its DfoDosed heililit. the aDDfoDriate
county office where the comDlete Tier II facility aDDlication may be viewed. and
the date. time and location where the commission will consider the aDDlication.
The notice shall be mailed bv first class mail or hand delivered at least ten (10)
days Drior to the commission meetinl!. Mailed notice shall be mailed to the last
known address of the owner. and mailinl! the notice to the address shown on the
current real estate tax assessment records of the county shall be deemed
comDliance with this reQuirement. The failure of an owner to receive the notice
as Dfovided herein shall not affect the validity of an aDDfoved Tier II facility and
shall not be the basis for an aDDeal.
11. The board of sUDervisors may consider an aDDlication for a Tier II facility only
UDon an aDDeal of the denial of the aDDlication bv the commission. An aDDeal
shall be submitted in writinl! in the office of the al!ent within ten (10) calendar
days after the date of the denial bv the commission. In considerinl! an aDDeal. the
board may affinn. reverse. or modify in whole or in Dart. the decision of the
commission. and its decision shall be based UDon the reQuirements delineated in
this subsection ( d)'
12. UDon the written reQuest of the aPDlicant. the al!ent may authorize the heil!ht of an
existinl! Tier II facility's monoDole to be increased above its oril!inallv aDDfoved
heil!ht UDon findinl! that the DroDosed heililit increase will not cause additional
adverse visual imDacts. The aDDlication shall include infonnation confinninl! that
the reference tree has !!fown to a heililit that is relative to the reQuested increase in
heil!ht ofthe monoDole. and a certified survey of the reference tree's new heil!ht.
as well as the heil!hts of other trees to be considered bv the al!ent.
e. Tier III facilities. Each Tier III facility may be established UDon aDDfoval of a sDecial use
Dennit issued Dursuant to section 31.2.4 of this chaDter. initiated UDon an aDDlication
satisfvinl! the reQuirements of subsection 5.1.40(a) and section 31.2.4. and it shall be
installed and oDerated in comDliance with all aDDlicable Dfovisions of this chaDter and the
followinl!:
1. The facility shall comDlv with subsection 5.1.40(b)' subsection 5.1.40( c )(2)(i)
throul!h (v). (3), (4), (5), (6) and (7) (8), and subsection 5.1.40(d)(2)' (3), (6) and
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(7). unless modified bv the board of suoervisors durin!! soecial use oermit review.
2. The facilitv shall comolv with all conditions of aooroval of the soecial use oermit.
Article III, District Regulations
Sec. 10.2.1 By right
The following uses shall be permitted in any RA district subject to the requirements and
limitations ofthese regulations:
1. Detached single-family dwellings, including guest cottages and rental of the same;
provided that yard, area and other requirements of section 10.4, conventional
development by right, shall be met for each such use whether or not such use is on an
individual lot subject to section 10.3.
2. Side-by-side duplexes subject to the provisions of section 10.4; provided that density
is maintained and provided that buildings are located so that each unit could be
provided with a lot meeting all other requirements for detached single-family
dwellings except for side yards at the common wall. Other two-family dwellings shall
be permitted provided density is maintained.
3. Agriculture, forestry, and fishery uses except as otherwise expressly provided.
4. Game preserves, wildlife sanctuaries and fishery uses.
5. Wayside stands for display and sale of agricultural products produced on the premises
(reference 5.1.19).
6. Electric, gas, oil and communication facilities excluding tower structures and
including poles, lines, transformers, pipes, meters and related facilities for distribution
of local service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations and appurtenances owned and operated
by the Albemarle County Service Authority. Except as otherwise expressly provided,
central water supplies and central sewerage systems in conformance with Chapter 16
of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
7. Accessory uses and buildings including home occupation, Class A (reference 5.2) and
storage buildings.
8. Temporary construction uses (reference 5.1.18).
9. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
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by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
10. Temporary sawmill (reference 5.1.15 and subject to performance standards in 4.14).
11. Veterinary services - off-site treatment only.
12. Agricultural service occupation (subject to performance standards in 4.14).
13. Divisions ofland in accordance with section 10.3.
14. Tourist lodging (reference 5.1.17).
15. Mobile homes, individual, qualifying under the following requirements (reference
5.6):
a. A property owner residing on the premises in a permanent home wishes to place a
mobile home on such property in order to maintain a full-time agricultural
employee.
b. Due to the destruction of a permanent home an emergency exists. A permit can
be issued in this event not to exceed twelve (12) months. The zoning
administrator shall be authorized to issue permits in accordance with the intent of
this ordinance and shall be authorized to require or seek any information which he
may determine necessary in making a determination of cases "a" and "b" of the
aforementioned uses.
16. Temporary mobile home in accordance with section 5.7. (Amended 11-8-89)
17. Farm winery (reference 5.1.25). (Added 12-16-81)
18. Borrow area, borrow pit, not exceeding an aggregate volume of fifty thousand
(50,000) cubic yards including all borrow pits and borrow areas on anyone parcel of
record on the adoption date of this provision (reference 5.1.28). (Added 7-6-83)
19. Mobile homes on individual lots (reference 5.6). (Added 11- 11-92)
20. Commercial stable (reference 5.1.03). (Added 11-15-95)
21. Stormwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
22. Tier I and Tier II Dersonal wireless service facilities (reference 5.1.40),
13
Draft: 07/07/04
Sec, 10,2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board
of supervisors pursuant to section 31.2.4: (Added 10-9-02)
1. Community center (reference 5.1.04).
2. Clubs, lodges, civic, patriotic, fraternal (reference 5.1.02).
3. Fire and rescue squad stations (reference 5.1.09).
4. Swim, golf, tennis or similar athletic facilities (reference 5.1.16).
5. Private schools.
6. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances, unmanned telephone
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances.
7. Day care, child care or nursery facility (reference 5.1.06).
8. (Repealed 3-5-86)
9. Mobile home subdivisions (reference 5.5).
10. (Repealed 11-11-92)
11. (Repealed 3-15-95)
12. Horse show grounds, permanent.
13. Custom slaughterhouse.
14. Sawmills, planing mills and woodyards (reference 5.1.15 and subject to performance
standards in 4.14).
15. Group homes and homes for developmentally disabled persons as described in section
15.1-486.2 of the Code (reference 5.1.07).
16. (Repealed 11-15-95)
17. Commercial kennel (reference 5.1.11 and subj ect to performance standards in 4.14).
18. Veterinary services, animal hospital (reference 5.1.11 and subject to performance
standards in 4.14).
14
Draft: 07/07/04
19. Private airport, helistop, heliport, flight strip (reference 5.1.01).
20. Day camp, boarding camp (reference 5.1.05).
21. Sanitary landfill (reference 5.1.14).
22. Country store.
23. Commercial fruit or agricultural produce packing plants. (Amended 11-8-89)
24. (Repealed 11-8-89)
25. Flood control dams and impoundments.
26. (Repealed 11-8-89)
27. Restaurants and inns that are:
a. Located within an historic landmark as designated in the comprehensive plan,
provided: (i) the structure has been used as a restaurant, tavern or inn; and (ii) the
structure shall be restored as faithfully as possible to the architectural character of
the period and shall be maintained consistent therewith; or
b. Nonconforming uses, provided the restaurant or inn is served by existing water
and sewerage systems having adequate capacity for both the existing and
proposed uses and facilities without expansion of either system. (Amended 11-8-
89; 10-18-00)
28. Divisions ofland as provided in section 10.5.
29. Boat landings and canoe livery.
30. Permitted residential uses as provided in section 10.5.
31. Home occupation, Class B (reference 5.2).
32. Cemetery.
33. Crematorium.
34. (Repealed 3-21-01)
35. Church building and adjunct cemetery.
36. Gift, craft and antique shops.
15
Draft: 07/07/04
37, Public garage. (Added 3-18-81)
38. Exploratory drilling. (Added 2-10-82)
39. Hydroelectric power generation (reference 5.1.26). (Added 4- 28-82)
40. Borrow area, borrow pit not pennitted under section 10.2.1.18. (Added 7-6-83)
41. Convent, Monastery (reference 5.1.29). (Added 1-1-87)
42. Temporary events sponsored by local nonprofit organizations which are related to,
and supportive of the RA, rural areas, district (reference 5.1.27). (Added 12-2-87)
43. Agricultural Museum (reference 5.1.30). (Added 12-2-87)
44. Theatre, outdoor drama. (Added 6-10-92)
45. Fann sales (reference 5.1.35). (Added 10-11-95)
46. Off-site parking for historic structures or sites (reference 5.1.38) or off-site employee
parking for an industrial use in an industrial zoning district (reference 5.1.39).
47. Animal shelter (reference 5.1.11). (Added 6-16-99).
48. Tier III Dersonal wireless service facilities (reference 5.1.40)
Sec. 12,2,1 By right
The following uses shall be pennitted subject to requirements and limitations of this
ordinance:
1. Detached single- famil y dwellings.
2. Side-by-side duplexes provided that density is maintained and provided further that
buildings are located so that each unit could be provided with a lot meeting all other
requirements for detached single-family dwellings except for side yards at the
common wall. Other two-family dwellings shall be pennitted provided density is
maintained.
3. Cluster development ofpennitted residential uses.
4. Rental of pennitted residential uses and guest cottages, provided that yard, area and
other requirements of this ordinance shall be met for each such use whether or not
such use is on an individual lay-out.
5. (Repealed 9-2-81)
16
Draft: 07/07/04
6. Electric, gas, oil and communication facilities, excluding tower structures and
including poles, lines, transformers, pipes, meters and related facilities for distribution
of local service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations and appurtenances owned and operated
by the Albemarle County Service Authority. Except as otherwise expressly provided,
central water supplies and central sewerage systems in conformance with Chapter 16
ofthe Code of Albemarle and all other applicable law. (Amended 5-12-93)
7. Accessory uses and buildings including home occupation, Class A (reference 5.2) and
storage buildings.
8. Temporary construction uses (reference 5.1.18).
9. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
10. Tourist lodgings (reference 5.1.17).
11. Wayside stands for the display and sale of seasonal agricultural products (reference
5.1.19).
12. Homes for developmentally disabled persons (reference 5.1.7).
13. Agriculture.
14. Mobile homes on individual lots (reference 5.6) (Added 11-11- 92)
15. Stormwater management facilities shown on an approved final site plan or subdivison
plat. (Added 10-9-02)
16. Tier I and Tier II Dersonal wireless service facilities (reference 5.1.40).
Sec. 12.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board
of supervisors pursuant to section 31.2.4:
1. Community center (reference 5.1.04).
2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
3. Fire and rescue squad stations (reference 5.1.09).
17
Draft: 07/07/04
4. Swim, golf, tennis or similar athletic facilities (reference 5.1.16).
5. Private schools.
6. Electrical power substations, transmISSIOn lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12).
7. Day care, child care or nursery facility (reference 5.1.06).
8. (Repealed 3-5-86)
9. Mobile home subdivisions (reference 5.5).
10. (Repealed 11-11-92)
11. Agricultural service occupation.
12. Home occupation, Class B (reference 5.2).
13. Hog farms.
14. Cemeteries.
15. Churches. (Added 9-2-81)
16. Tier III Dersonal wireless service facilities (reference 5.1.40)
See, 13.2,1 By right
The following uses shall be pennitted subject to requirements and limitations of this
ordinance:
1. Detached single-family dwellings.
2. Cluster development of pennitted residential uses.
3. Rental of pennitted residential uses and guest cottages, provided that yard, area, and
other requirements of this ordinance shall be met for each such use whether or not
such use is on an individual lay-out.
4. (Repealed 9-2-81)
5. (Repealed 9-2-81)
18
Draft: 07/07/04
6. Electric, gas, oil and communication facilities, excluding tower structures and
including poles, lines, transfonners, pipes, meters and related facilities for distribution
of local service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations and appurtenances owned and operated
by the Albemarle County Service Authority. Except as otherwise expressly provided,
central water supplies and central sewerage systems in confonnance with Chapter 16
of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
7. Accessory uses and buildings including home occupation, Class A (reference 5.2) and
storage buildings.
8. Temporary construction uses (reference 5.1.18).
9. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
10. Tourist lodgings (reference 5.1.17).
11. Homes for developmentally disabled persons (reference 5.1.07).
12. Stonnwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
13. Tier I and Tier II Dersonal wireless service facilities (reference 5.1.40),
Sec. 13.2.2 By special use permit
The following uses shall be pennitted only by special use pennit approved by the board
of supervisors pursuant to section 31.2.4:
1. Community center (reference 5.1.04).
2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
3. Fire and rescue squad stations (reference 5.1.09).
4. Swim, golf, tennis, or similar athletic facilities (reference 5.1.16).
5. Private schools.
6. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
19
Draft: 07/07/04
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12).
7. Day care, child care or nursery facility (reference 5.1.06).
8. Mobile home subdivisions (reference 5.5).
9. Home occupation, Class B (reference 5.2).
10. Churches. (Added 9-2-81)
11. Cemeteries. (Added 9-2-81)
12. Tier III Dersonal wireless service facilities (reference 5.1.40)
See, 14.2.1 By right
The following uses shall be pennitted subject to requirements and limitations ofthis
ordinance:
1. Detached single-family dwellings.
2. Cluster development of pennitted residential uses.
3. Rental ofpennitted residential uses and guest cottages, provided that yard, area and
other requirements of this ordinance shall be met for each such use whether or not
such use is on an individual lay-out.
4. (Repealed 9-2-81)
5. (Repealed 9-2-81)
6. Electric, gas, oil and communication facilities, excluding tower structures and
including poles, lines, transfonners, pipes, meters and related facilities for distribution
of local service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations and appurtenances owned and operated
by the Albemarle County Service Authority. Except as otherwise expressly provided,
central water supplies and central sewerage systems in confonnance with Chapter 16
ofthe Code of Albemarle and all other applicable law. (Amended 5-12-93)
7. Accessory uses and buildings including home occupations (reference 5.2) and storage
buildings.
8. Temporary construction uses (reference 5.1.18).
20
Draft: 07/07/04
9. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
by the Rivanna Water and Sewer Authority (reference 31.2.5, 5.1.12). (Amended 11-
1-89)
10. Tourist lodgings (reference 5.1.17).
11. Homes for developmentally disabled persons (reference 5.1.7).
12. Stormwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
13. Tier I and Tier II Dersonal wireless service facilities (reference 5.1.40),
Sec, 14,2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board
of supervisors pursuant to section 31.2.4:
1. Community center (reference 5.1.4).
2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2).
3. Fire and rescue squad stations (reference 5.1.9).
4. Swim, golf, tennis, or similar athletic facilities (reference 5.1.16).
5. Private schools.
6. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12).
7. Day care, child care or nursery facility (reference 5.1.6).
8. Mobile home subdivisions (reference 5.5).
9. Rest home, nursing home, convalescent home, orphanage or similar institution
(reference 5.1.13).
10. Hospitals.
11. Home occupation, Class B (reference 5.2).
21
Draft: 07/07/04
12. Churches. (Added 9-2-81)
13. Cemeteries. (Added 9-2-81)
14. Tier III Dersonal wireless service facilities (reference 5.1.40)
See, 15.2.1 By right
The following uses shall be pennitted subject to requirements and limitations of this
ordinance:
1. Detached single-family dwellings.
2. Side-by-side duplexes provided that density is maintained, and provided further that
buildings are located so that each unit could be provided with a lot meeting all other
requirements for detached single-family dwellings except for side yards at the
common wall. Other two-family dwellings shall be pennitted provided density is
maintained.
3. Semi-detached and attached single-family dwellings such as triplexes, quadruplexes,
townhouses, atrium houses and patio houses provided that density is maintained, and
provided further that buildings are located so that each unit could be provided with a
lot meeting all other requirements for detached single-family dwellings except for
side yards at the common wall.
4. Cluster development of pennitted residential uses.
5. Rental of pennitted residential uses and guest cottages, provided that yard, area and
other requirements of this ordinance shall be met for each such use whether or not
such use is on an individual lay-out.
6. (Repealed 9-2-81)
7. (Repealed 9-2-81)
8. Electric, gas, oil and communication facilities, excluding tower structures and
including poles, lines, transfonners, pipes, meters and related facilities for distribution
of local service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations and appurtenances owned and operated
by the Albemarle County Service Authority. Except as otherwise expressly provided,
central water supplies and central sewerage systems in confonnance with Chapter 16
ofthe Code of Albemarle and all other applicable law. (Amended 5-12-93)
9. Accessory uses and buildings including home occupation, Class A (reference 5.2) and
storage buildings.
22
Draft: 07/07/04
10. Temporary construction uses (reference 5.1.18).
11. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk: lines, treatment facilities, pumping stations and the like, owned and/or operated
by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
12. Tourist lodgings (reference 5.1.17).
13. Homes for developmentally disabled persons (reference 5.1.07).
14. Stonnwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
15. Tier I and Tier II Dersonal wireless service facilities (reference 5.1.40),
Sec, 15,2.2 By special use permit
The following uses shall be pennitted only by special use pennit approved by the board
of supervisors pursuant to section 31.2.4:
1. Community center (reference 5.1.4).
2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2).
3. Fire and rescue squad stations (reference 5.1.9).
4. Swim, golf, tennis, or similar athletic facilities (reference 5.1.16).
5. Private schools.
6. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12).
7. Day care, child care or nursery facility (reference 5.1.6).
8. Mobile home subdivisions (reference 5.5).
9. Rest home, nursing home, convalescent home, orphanage or similar institution
(reference 5.1.13).
10. Hospitals.
23
Draft: 07/07/04
11. Home occupation, Class B (reference 5.2).
12. Churches. (Added 9-2-81)
13. Cemeteries. (Added 9-2-81)
14. Mobile home parks (reference 5.3). (Added 3-5-86)
15. Stand alone parking and parking structures (reference 4.12,5.1.41) (Added 2-5-03)
16. Tier III Dersonal wireless service facilities (reference 5.1.40)
Sec. 16.2.1 By right
The following uses shall be pennitted subject to the requirements and limitations of this
ordinance:
1. Detached single-family dwellings.
2. Semi-detached and attached single-family dwellings such as duplexes, triplexes,
quadraplexes, townhouses, atrium houses and patio houses provided that density is
maintained, and provided further that buildings are located so that each unit could be
provided with a lot meeting all other requirements for detached single-family
dwellings except for side yards at the common wall.
3. Multiple-family dwellings such as garden apartments.
4. Cluster development of pennitted residential uses.
5. Rental of pennitted residential uses and guest cottages; provided that yard, area and
other requirements of this ordinance shall be met for each such use whether or not
such use is on an individual lot.
6. Homes for developmentally disabled persons (reference 5.1.7).
7. Boarding houses.
8. Tourist lodgings (reference 5.1.17).
9. (Repealed 9-2-81)
10. (Repealed 9-2-81)
11. Electric, gas, oil and communication facilities, excluding tower structures and
including poles, lines, transfonners, pipes, meters and related facilities for distribution
24
Draft: 07/07/04
of local service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations and appurtenances owned and operated
by the Albemarle County Service Authority. Except as otherwise expressly provided,
central water supplies and central sewerage systems in conformance with Chapter 16
of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
12. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
13. Temporary construction uses (reference 5.1.18).
14. Accessory uses and buildings including home occupation, Class A (reference 5.2) and
storage buildings.
15. Stormwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
16. Tier I and Tier II oersonal wireless service facilities (reference 5.1.40),
Sec. 16.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board
of supervisors pursuant to section 31.2.4:
1. Community center (reference 5.1.04).
2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
3. Fire and rescue squad stations (reference 5.1.09).
4. Swim, golf, tennis or similar athletic facilities (reference 5.1.16).
5. Private schools.
6. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12).
7. Day care, child care or nursery facility (reference 5.1.06).
8. Mobile home subdivisions (reference 5.5).
25
Draft: 07/07/04
9. Rest home, nursing home, convalescent home, orphanage or similar institution
(reference 5.1.13).
10. Hospitals.
11. Home occupation, Class B (reference 5.2).
12. Churches. (Added 9-2-81)
13. Cemeteries. (Added 9-2-81)
14. Mobile Home Parks (reference 5.3). (Added 3-5-86)
15. Stand alone parking and parking structures (reference 4.12,5.1.41). (Added 2-5-03)
16. Tier III Dersonal wireless service facilities (reference 5.1.40)
See, 17.2,1 By right
The following uses shall be pennitted subject to the requirements and limitations of this
ordinance:
1. Detached single-family dwellings.
2. Semi-detached and attached single-family dwellings such as duplexes, triplexes,
quadraplexes, townhouses, atrium houses and patio houses provided that density is
maintained, and provided further that buildings are located so that each unit could be
provided with a lot meeting all other requirements for detached single-family
dwellings except for side yards at the common wall.
3. Multiple-family dwellings such as garden apartments.
4. Cluster development of pennitted residential uses.
5. Rental of pennitted residential uses and guest cottages; provided that yard, area and
other requirements of this ordinance shall be met for each such use whether or not
such use is on an individual lot.
6. Homes for developmentally disabled persons (reference 5.1.7).
7. Boarding houses.
8. Tourist lodgings (reference 5.1.17).
9. (Repealed 9-2-81)
26
Draft: 07/07/04
10. (Repealed 9-2-81)
11. Electric, gas, oil and communication facilities, excluding tower structures and
including poles, lines, transformers, pipes, meters and related facilities for distribution
of local service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations and appurtenances owned and operated
by the Albemarle County Service Authority. Except as otherwise expressly provided,
central water supplies and central sewerage systems in conformance with Chapter 16
of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
12. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
13. Temporary construction uses (reference 5.1.18).
14. Accessory uses and buildings including home occupation, Class A (reference 5.2) and
storage buildings.
15. Stormwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
16. Tier I and Tier II oersonal wireless service facilities (reference 5.1.40),
Sec, 17.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board
of supervisors pursuant to section 31.2.4:
1. Community center (reference 5.1.04).
2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
3. Fire and rescue squad stations (reference 5.1.09).
4. Swim, golf, tennis or similar athletic facilities (reference 5.1.16).
5. Private schools.
6. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12).
27
Draft: 07/07/04
7. Day care, child care or nursery facility (reference 5.1.06).
8. Mobile home subdivisions (reference 5.5).
9. Rest home, nursing home, convalescent home, orphanage or similar institution
(reference 5.1.13).
10. Hospitals.
11. Professional offices.
12. Retail stores and shops on a single floor, compatible with the residential
characteristics of the district, with a gross floor area not exceeding four thousand
(4,000) square feet.
13. Home occupation, Class B (reference 5.2).
14. Churches. (Added 9-2-81)
15. Cemeteries. (Added 9-2-81)
16. Stand alone parking and parking structures (reference 4.12,5.1.41). (Added 11-7-84;
Amended 2-5-03)
17. Mobile home parks (reference 5.3). (Added 3-5-86)
18. Tier III nersonal wireless service facilities (reference 5.1.40)
Sec. 18.2.1 By right
The following uses shall be permitted subject to the requirements and limitations of this
ordinance:
1. Detached single-family dwellings,
2. Semi-detached and attached single-family dwellings such as duplexes, triplexes,
quadraplexes, townhouses, atrium houses and patio houses provided that density is
maintained, and provided further that buildings are located so that each unit could be
provided with a lot meeting all other requirements for detached single-family
dwellings except for side yards at the common wall.
3. Multiple-family dwellings such as garden apartments.
4. Cluster development of permitted residential uses.
28
Draft: 07/07/04
5. Rental of pennitted residential uses and guest cottages; provided that yard, area and
other requirements of this ordinance shall be met for each such use whether or not
such use is on an individual lot.
6. Homes for developmentally disabled persons (reference 5.1.07).
7. Boarding houses.
8. Tourist lodgings (reference 5.1.17).
9. (Repealed 9-2-81)
10. (Repealed 9-2-81)
11. Electric, gas, oil and communication facilities, excluding tower structures and
including poles, lines, transfonners, pipes, meters and related facilities for distribution
of local service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations and appurtenances owned and operated
by the Albemarle County Service Authority. Except as otherwise expressly provided,
central water supplies and central sewerage systems in confonnance with Chapter 16
of the Code of Albemarle and all other applicable law.
12. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
13. Temporary construction uses (reference 5.1.18).
14. Accessory uses and buildings including home occupation, Class A (reference 5.2) and
storage buildings.
15. Stonnwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
16. Tier I and Tier II Dersonal wireless service facilities (reference 5.1.40),
Sec. 18.2.2 By special use permit
The following uses shall be pennitted only by special use pennit approved by the board
of supervisors pursuant to section 31.2.4:
1. Community center (reference 5.1.4).
29
2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2).
3. Fire and rescue squad stations (reference 5.1.9).
4. Swim, golf, tennis or similar athletic facilities (reference 5.1.16).
5. Private schools.
30
Draft: 07/07/04
Draft: 07/07/04
6. Electrical power substations, transmISSIOn lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12).
7. Day care, child care or nursery facility (reference 5.1.6).
8. Mobile home subdivisions (reference 5.5).
9. Rest home, nursing home, convalescent home, orphanage or similar institution
(reference 5.1.13).
10. Hospitals.
11. Professional offices.
12. Retail stores and shops on a single floor, compatible with the residential
characteristics of the district, with a gross floor area not exceeding four thousand
(4,000) square feet.
13. Home occupation, Class B (reference 5.2).
14. Churches. (Added 9-2-81)
15. Cemeteries. (Added 9-2-81)
16. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84;
Amended 2-5-03)
17. Mobile home parks (reference 5.3). (Added 3-5-86)
18. Tier III Dersonal wireless service facilities (reference 5.1.40)
Sec. 19.3,1 By right
The following uses shall be pennitted subject to the requirements and limitations of this
ordinance:
1. Detached single- famil y dwellings.
2. Semi-detached and attached single-family dwellings such as duplexes, triplexes,
quadraplexes, townhouses, atrium houses and patio houses provided that density is
maintained, and provided further that buildings are located so that each unit could be
provided with a lot meeting all other requirements for detached single-family
dwellings except for side yards at the common wall.
3. Multiple-family dwellings.
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Draft: 07/07/04
4. (Repealed 9-2-81)
5. Parks, playgrounds, community centers and noncommercial recreational and cultural
facilities such as tennis courts, swimming pools, game rooms, libraries and the like.
6. Electric, gas, oil and communication facilities, excluding tower structures and
including poles, lines, transformers, pipes, meters and related facilities for distribution
of local service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations, and appurtenances owned and operated
by the Albemarle County Service Authority. Except as otherwise expressly provided,
central water supplies and central sewerage systems in conformance with Chapter 16
of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
7. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
8. Temporary construction uses (reference 5.1.18).
9. Accessory uses and structures including home occupation, Class A (reference 5.2)
and storage buildings.
10. Homes for developmentally disabled persons (reference 5.1.7).
11. Stormwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
12. Tier I and Tier II Dersonal wireless service facilities (reference 5.1.40),
Sec, 19.3.2 By special use permit
The following uses shall be permitted only by special use permit, provided that no
separate application shall be required for any such use as shall be included in the original
PRD rezoning petition:
1. Day care, child care or nursery facility (reference 5.1.06).
2. Fire and rescue squad stations (reference 5.9).
3. Rest home, nursing home, convalescent home, orphanage or similar institution
(reference 5.1.13).
4. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; microwave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12).
32
Draft: 07/07/04
5. Home occupation, Class B (reference 5.2).
6. Churches. (Added 9-2-81)
7. Stand alone parking and parking structures (reference 4.12,5.1.41). (Added 11-7-84;
Amended 2-5-03)
8. Swim, golf, tennis or similar athletic facilities (reference 5.1.16). (Added 9-13-89)
9. Professional offices. (Added 6-8-94)
10. Tier III Dersona1 wireless service facilities (reference 5.1.40)
Sec. 20.3,1 By right
The following uses shall be permitted subject to the requirements and limitations of this
ordinance:
1. Detached single-family dwellings.
2. Semi-detached and attached single-family dwellings such as duplexes, triplexes,
quadraplexes, townhouses, atrium houses and patio houses provided that density is
maintained, and provided further that buildings are located so that each unit could be
provided with a lot meeting all other requirements for detached single-family
dwellings except for side yards at the common wall.
3. Multiple-family dwellings.
4. (Repealed 9-2-81)
5. Parks, playgrounds, community centers and noncommercial recreational and cultural
facilities such as tennis courts, swimming pools, game rooms, libraries and the like.
6. Electric, gas, oil and communication facilities, excluding tower structures and
including poles, lines, transformers, pipes, meters and related facilities for distribution
of local service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations and appurtenances owned and operated
by the Albemarle County Service Authority. Except as otherwise expressly provided,
central water supplies and central sewerage systems in conformance with Chapter 16
ofthe Code of Albemarle and all other applicable law. (Amended 5-12-93)
7. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
33
Draft: 07/07/04
8. Temporary construction uses (reference 5.1.18).
9. Accessory uses and structures including home occupation, Class A (reference 5.2)
and storage buildings.
10. Homes for developmentally disabled persons (reference 5.1.07).
11. Stormwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
12. Tier I and Tier II Dersonal wireless service facilities (reference 5.1.40),
See, 20.3,2 By special use permit
The following uses shall be permitted only by special use permit, provided that no
separate application shall be required for any such use included in the original PUD
rezoning petition:
1. Day care, child care or nursery facility (reference 5.1.06).
2. Fire and rescue squad stations (reference 5.1.09).
3. Rest home, nursing home, convalescent home, orphanage or similar institution
(reference 5.1.13).
4. Electrical power substations, transmISSIon lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12).
5. Home occupation, Class B (reference 5.2).
6. Churches. (Added 9-2-81)
7. Stand alone parking and parking structures (reference 4.12,5.1.41). (Added 11-7-84;
Amended 2-5-03)
8. Tier III Dersonal wireless service facilities (reference 5.1.40)
See, 20A.6 Permitted uses
The following uses shall be permitted in an NMD, subject to the regulations in this section and
section 8, the approved general development plan and code of development, and the accepted
proffers:
a. By right uses. The following uses are permitted by right:
1. Each use allowed by right or by special use permit in any other zoning district,
34
Draft: 07/07/04
except for those uses allowed only by special use pennit delineated in subsection (b);
provided that the use is identified in the approved code of development.
2. Electric, gas, oil and communication facilities, excluding tower structures and
including poles, lines, transfonners, pipes, meters and related facilities for distribution
of local service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations and appurtenances owned and operated
by the Albemarle County Service Authority. Except as otherwise expressly provided,
central water supplies and central sewerage systems in confonnity with Chapter 16 of
the Code of Albemarle and all other applicable law.
3. Accessory uses and buildings including storage buildings.
4. Home occupation, Class A, where the district includes residential uses.
5. Temporary construction uses.
6. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies, public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water
and Sewer Authority.
7. Tourist lodgings, where the district includes residential uses.
8. Homes for developmentally disabled persons, where the district includes residential
uses.
9. Tier I and Tier II Dersonal wireless service facilities (reference 5.1.40),
b. By special use permit. The following uses are pennitted by special use pennit:
1. Drive-through windows serving or associated with pennitted uses.
2. Outdoor storage, display and/or sales serving or associated with a by right pennitted
use, if any portion of the use would be visible from a travelway.
Sec. 22.2.1 By right
The following uses shall be pennitted in any C-l district subject to the requirements and
limitations of these regulations. The zoning administrator, after consultation with the
director of planning and other appropriate officials, may pennit as a use by right, a use
not specifically pennitted; provided that such use shall be similar to uses pennitted by
right in general character and more specifically, similar in tenns of locational
requirements, operational characteristics, visual impact and traffic generation. Appeals
from the zoning administrator's decision shall be as generally provided in section 34.0.
a. The following retail sales and service establishments:
35
Draft: 07/07/04
1. Antique, gift, jewelry, notion and craft shops.
2. Clothing, apparel and shoe shops.
3. Department store.
4. Drug store, phannacy.
5. Florist.
6. Food and grocery stores including such specialty shops as bakery, candy, milk
dispensary and wine and cheese shops.
7. Furniture and home appliances (sales and service).
8. Hardware store.
9. Musical instruments.
10. Newsstands, magazines, pipe and tobacco shops.
11. Optical goods.
12. Photographic goods.
13. Visual and audio appliances.
14. Sporting goods.
15. Retail nurseries and greenhouses.
b. The following services and public establishments:
1. Administrative, professional offices.
2. Barber, beauty shops.
3. Churches, cemeteries.
4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
5. Financial institutions.
6. Fire and rescue squad stations (reference 5.1.09).
7. Funeral homes.
8. Health spas.
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Draft: 07/07/04
9. Indoor theaters.
10. Laundries, dry cleaners.
11. Laundromat (provided that an attendant shall be on duty at all hours during
operation).
12. Libraries, museums.
13. Nurseries, day care centers (reference 5.1.06).
14. Eating establishments.
15. Tailor, seamstress.
16. Automobile service stations (reference 5.1.20),
17. Electric, gas, oil and communication facilities excluding tower structures and
including poles, lines, transformers, pipes, meters and related facilities for
distribution of local service and owned and operated by a public utility. Water
distribution and sewerage collection lines, pumping stations and appurtenances
owned and operated by the Albemarle County Service Authority. (Amended 5-2-
93)
18, Public uses and buildings including temporary or mobile facilities such as
schools, offices, parks, playgrounds and roads funded, owned or operated by
local, state or federal agencies (reference 31.2.5); public water and sewer
transmission, main or trunk lines treatment facilities, pumping stations and the
like, owned and/or operated by the Rivanna Water and Sewer Authority
(reference 31.2.5; 5.1.12). (Amended 11-1-9)
19. Temporary construction uses (reference 5.1.1).
20. Dwellings (reference 5.1.21).
21. Medical center.
22. Automobile, truck repair shop excluding body shop. (Added 6-3-81; Amended 9-
9-92)
23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-6)
24. Indoor athletic facilities. (Added 9-15-93)
25. Farmers' market (reference 5.1.36). (Added 10-11-95)
26. Stormwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
37
Draft: 07/07/04
27. Tier I and Tier II nersonal wireless service facilities (reference 5.1.40),
See, 22.2.2 By special use permit
The following uses shall be pennitted only by special use pennit approved by the board
of supervisors pursuant to section 31.2.4:
1. Commercial recreation establishments including but not limited to amusement
centers, bowling alleys, pool halls and dance halls. (Amended 1-1-83)
2. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances.
3. Hospitals.
4. Fast food restaurant.
5. Veterinary office and hospital (reference 5.1.11).
6. Unless such uses are otherwise provided in this section, uses pennitted in section
18.0, residential - R-15, in compliance with regulations set forth therein, and such
conditions as may be imposed pursuant to section 31.2.4.
7. Hotels, motels and inns.
8. Motor vehicle sales and rental in communities and the urban area as designated in the
comprehensive plan. (Added 6-1-83)
9. Stand alone parking and parking structures (reference 4.12,5.1.41). (Added 11-7-84;
Amended 2-5-03)
10. Drive-in windows servmg or associated with pennitted uses. (Added 11-7-84;
Amended 9-9-92)
11. Uses pennitted by right, not served by public water, involving water consumption
exceeding four hundred (400) gallons per site acre per day. Uses pennitted by right,
not served by public sewer, involving anticipated discharge of sewage other than
domestic wastes. (Added 6-14-89)
12. Body shop. (Added 9-9-92)
13. Animal shelter (reference 5.1.11). (Added 6-16-99).
14. Tier III Dersonal wireless service facilities (reference 5.1.40)
38
Draft: 07/07/04
See, 23,2.1 By right
The following uses shall be pennitted in any CO district, subject to the requirements and
limitations of these regulations:
1. Administrative and business offices.
2. Professional offices, including medical, dental and optical.
3. Financial institutions.
4. Churches, cemeteries.
5. Libraries, museums.
6. Accessory uses and structures incidental to the principal uses provided herein. Such
uses in combination shall not occupy more that twenty (20) percent of the floor area
of buildings on the site. The following accessory uses shall be pennitted:
-Eating establishments;
-Newsstands;
-Establishments for the sale of office supplies and service of office equipment;
-Data processing services;
-Central reproduction and mailing services and the like;
-Ethical pharmacies, laboratories and estabishments for the production, fitting and/or
sale of optical or prosthetic appliances on sites containing medical, dental or optical
offices;
-(Repealed 3-17-82)
-Sale/service of goods associated with the principal use such as, but not limited to:
musical instruments, musical scores, text books, artist's supplies and dancing shoes
and apparel.
(Added 12-3-86)
7. Electric, gas, oil and communication facilities, excluding tower structures and
including poles, lines, transfonners, pipes, meters and related facilities for distribution
of local service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations and appurtenances owned and operated
by the Albemarle County Service Authority. Except as otherwise expressly provided,
central water supplies and central sewerage systems in confonnance with Chapter 16
of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
39
Draft: 07/07/04
8. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
9. Temporary construction uses (reference 5.1.18).
10. Dwellings (reference 5.1.21). (Added 3-17-82)
11. Temporary nomesidential mobile homes (reference 5.8). (Added 3-5-86)
12. Day care, child care or nursery facility (reference 5.1.6). (Added 9-9-92)
13. Stonnwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-01)
14. Tier I and Tier II oersonal wireless service facilities (reference 5.1.40),
Sec. 23.2.2 By special use permit
The following uses shall be pennitted only by special use pennit approved by the board
of supervisors pursuant to section 31.2.4:
1. Hospitals.
2. Funeral homes.
3. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances.
4. Stand alone parking and parking structures (reference 4.12,5.1.41). (Added 11-7-84;
Amended 2-5-03)
5. Commercial uses otherwise pennitted having drive-in windows (Added 11-7-84)
6. School of special instruction. (Added 1-1-87)
7. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). (Added 1-1-87)
8. Uses pennitted by right, not served by public water, involving water consumption
exceeding four hundred (400) gallons per site acre per day. Uses pennitted by right,
not served by public sewer, involving anticipated discharge of sewage other than
domestic wastes. (Added 6-14-89)
40
Draft: 07/07/04
9. Unless such uses are otherwise provided in this section, uses pennitted in section
18.0, residential R-15. in compliance with regulations set forth therein and such
conditions as may be imposed pursuant to section 31.2.4. (Added 6-19-91)
10. Hotels, motels and inns (reference 9.0). (Added 6-19-91)
11. Supporting commercial uses (reference 9.0). (Added 6-19-91)
12. Research and development activities including experimental testing. (Added 6-19-
91)
13. Laboratories, medical or phannaceutical. (Added 6-10-92)
14. Indoor athletic facilities. (Added 9-15-93)
15. Tier III Dersonal wireless service facilities (reference 5.1.40)
See, 24,2,1 By right
The following uses shall be pennitted in any HC district subject to the requirements and
limitations of these regulations. The zoning administrator, after consultation with the
director of planning and other appropriate officials, may pennit, as a use by right, a use
not specifically pennitted; provided that such use shall be similar to uses pennitted by
right in general character, and more specifically, similar in tenns of locational
requirements, operational characteristics, visual impact and traffic generation. Appeals
from the zoning administrator's decision shall be as generally provided in section 34.0.
1. Automobile laundries.
2. Automobile, truck repair shops.
3. Automobile service stations (reference 5.1.20).
4. Building materials sales.
5. Churches, cemeteries.
6. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2).
7. Convenience stores.
8. Educational, technical and trade schools.
9. Factory outlet sales - clothing and fabric.
10. Feed and seed stores (reference 5.1.22).
11. Financial institutions.
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Draft: 07/07/04
12. Fire extinguisher and security products, sales and service.
13. Fire and rescue squad stations (reference 5.1.09).
14. Funeral homes.
15. Furniture stores.
16. Food and grocery stores including such specialty shops as bakery, candy, milk
dispensary and wine and cheese shops.
17. Home and business services such as grounds care, cleaning, extenninators,
landscaping and other repair and maintenance services.
18. Hardware.
19. (Repealed 6-3-81)
20. Hotels, motels and inns.
21. Light warehousing.
22. Machinery and equipment sales, service and rental.
23. Mobile home and trailer sales and service.
24. Modular building sales.
25. Motor vehicle sales, service and rental.
26. New automotive parts sales.
27. Newspaper publishing.
28. Administrative, business and professional offices.
29. Office and business machines sales and service.
30. Eating establishment; fast food restaurants.
31. Retail nurseries and greenhouses.
32. Sale of major recreational equipment and vehicles.
33. Wayside stands - vegetables and agricultural produce (reference 5.1.19).
34. Wholesale distribution.
42
Draft: 07/07/04
35. Electric, gas, oil and communication facilities excluding tower structures and
including poles, lines, transformers, pipes, meters and related facilities for distribution
of local service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations and appurtenances owned and operated
by the Albemarle County Service Authority. Except as otherwise expressly provided,
central water supplies and central sewerage systems in conformance with Chapter 16
of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
36. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
37. Temporary construction uses (reference 5.1.18).
38. Indoor theaters.
39. Heating oil sales and distribution (reference 5.1.20).
40. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial, C-
1. (Added 6-19-91; Amended 9-9-92)
42. Indoor athletic facilities. (Added 9-15-93)
43. Farmers' market (reference 5.1.36). (Added 10-11-95)
44. Stormwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
45. Tier I and Tier II oersonal wireless service facilities (reference 5.1.40),
Sec. 24,2,2 By special use permit
The following uses shall be permitted only by special use permit approved by the board
of supervisors pursuant to section 31.2.4:
1. Commercial recreation establishment including but not limited to amusement centers,
bowling alleys, pool halls and dance halls. (Amended 1-1-83)
2. Septic tank sales and related service.
3. Livestock sales.
4. Veterinary office and hospital (reference 5.1.11).
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Draft: 07/07/04
5. Drive-in theaters (reference 5.1.08).
6. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers, micro-wave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12).
7. Hospitals, nursing homes, convalescent homes (reference 5.1.13).
8. Contractors' office and equipment storage yard.
9. Auction houses.
10. Unless such uses are otherwise provided in this section, uses permitted in section
18.0, residential - R-15, in compliance with regulations set forth therein, and such
conditions as may be imposed pursuant to section 31.2.4.
11. Commercial kennels - indoor only (reference 5.1.11). (Added 1- 1-83)
12. Stand alone parking and parking structures (reference 4.12,5.1.41). (Added 11-7-84;
Amended 2-5-03)
13. Drive-in windows servmg or associated with permitted uses. (Added 11-7-84;
Amended 9-9-92)
14. Uses permitted by right, not served by public water, involving water consumption
exceeding four hundred (400) gallons per site acre per day. Uses permitted by right,
not served by public sewer, involving anticipated discharge of sewage other than
domestic wastes. (Added 6-14-89)
15. Warehouse facilities not permitted under section 24.2.1 (reference 9.0). (Added 6-19-
91)
16. Animal shelter (reference 5.1.11). (Added 6-16-99)
17. Tier III Dersonal wireless service facilities (reference 5.1.40),
Sec. 25.2,2 By special use permit
1. Commercial recreational establishment included but not limited to amusement
centers, bowling alleys, pool halls and dance halls. (Amended 1-1-83)
2. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12).
3. Parking structures located wholly or partly above grade. (Added 11-7-84)
44
Draft: 07/07/04
4. Drive-in windows servmg or associated with permitted uses. (Added 11-7-84;
Amended 9-9-92)
5. Veterinary office and hospital (reference 5.1.11). (Added 11- 15-89)
6. Tier III Dersonal wireless service facilities (reference 5.1.40)
See, 27,2,1 By right
Except as otherwise limited by section 27.2.2.10, the following uses shall be permitted in
any LI district subject to the requirements and limitations of these regulations:
(Amended 2-13-85)
1. Compounding of drugs, including biological products, medical and chemical as well
as pharmaceutical.
2. Fire and rescue squad stations (reference 5.1.9).
3. Manufacture, processing, fabrication, assembly, distribution of products such as but
not limited to: (Amended 12-2-81; 2- 20-91)
-Artists' supplies and equipment.
-Business, office machines and equipment.
-Cosmetics, including perfumes, perfumed toiletries and perfumed toilet soap.
-Drafting supplies and equipment.
-Electrical lighting and wiring equipment.
-Electrical and electronic equipment and components including radio, telephone,
computer, communication equipment, TV receiving sets, phonographs.
-Food products, such as bakery goods, dairy products, candy, beverages, including
bottling plants.
-Gifts, novelties including pottery, figurines and similar ceramic products.
-Glass products made of purchased glass.
- Industrial controls.
-Jewelry, silverware.
-Light machinery and machine parts, including electrical household appliances but
not including such things as clothes washers, dryers and refrigerators.
-Musical instruments.
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Draft: 07/07/04
-Paper products such as die-cut paperboard and cardboard, sanitary paper products,
bags and containers.
-Photographic equipment and supplies including processing and developing plant.
-Rubber, metal stamps.
-Small electrical parts such as coils, condensers, transformers, crystal holders.
-Surgical, medical and dental instruments and supplies.
-Toys, sporting and athletic equipment, except firearms, ammunition or fireworks.
- Watches, clocks and similar timing devices.
-Wood cabinets and furniture, upholstery.
4. Publishing, printing, lithography and engraving, including but not limited to
newspapers, periodicals and books.
5. Preparation of printing plates including typesetting, etching and engraving.
6. Research and development activities including experimental testing.
7. Scientific or technical education facilities.
8. Assembly and fabrication of light aircraft from component parts manufactured off-
site.
9. Contractor's office and equipment storage yard.
10. Engineering, engineering design, assembly and fabrication of machinery and
components, including such on-site accessory uses as machining, babbitting, welding
and sheet metal work and excluding such uses as drop hammering and foundry.
(Amended 10-3-01)
11. Electric, gas, oil and communication facilities excluding tower structures and
including poles, lines, transformers, pipes, meters and related facilities for
distribution oflocal service and owned and operated by a public utility. Water
distribution and sewerage collection lines, pumping stations and appurtenances
owned and operated by the Albemarle County Service Authority. Except as
otherwise expressly provided, central water supplies and central sewerage systems in
conformance with Chapter 16 of the Code of Albemarle and all other applicable
law. (Amended 5-12-93)
12. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
46
Draft: 07/07/04
by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
13. Temporary construction uses (reference 5.1.18).
14. Business and professional office buildings.
15. Dwellings (reference 5.1.21). (Added 4-17-85)
16. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
17 . Warehouse facilities and wholesale businesses not involving storage of gasoline,
kerosene or other volatile materials; dynamite blasting caps and other explosives;
pesticides and poisons; and other such materials which could be hazardous to life in
the event of accident. (Added 12-2-87)
18. Stonnwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
19. Tier I and Tier II Dersona1 wireless service facilities (reference 5.1.40),
(§ 27.2.1, 12-10-80, 12-2-81,2-13-85,4-17-85,3-5-86, 12-2-87, 11-1-89,5-12-93; Ord. 01-
18(6), 10-3-01; Ord. 02-18(6), 10-9-02)
Sec. 27,2,2 By special use permit
The following uses shall be pennitted only by special use pennit approved by the board
of supervisors pursuant to section 31.2.4:
1. Laboratories, medical or pharmaceutical.
2. Airport, helistop or heliport (reference 5.1.1).
3. Assembly of modular building units.
4. Moving businesses, including storage facilities.
5. Warehouse facilities not pennitted under section 27.2.1.17. (Amended 12-2-87)
6. Wholesale business not pennitted under section 27.2.1.17. (Amended 12-2-87)
7. Truck tenninal.
8. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; micro- wave and radio-wave transmission and relay towers,
substations and appurtenances.
47
Draft: 07/07/04
9. Temporary events sponsored by local nonprofit organizations (reference 5.1.27).
(Added 7-7-82)
10. Uses pennitted by right, not served by public water, involving water consumption
exceeding four hundred (400) gallons per site acre per day. Uses pennitted by right,
not served by public sewer, involving anticipated discharge of sewage other than
domestic wastes. (Added 2-13-85)
11. Body shops (reference 5.1.31). (Added 12-7-88)
12. Towing and storage of motor vehicles (reference 5.1.32). (Added 6-6-90)
13. Uses listed under section 27.2.1 with subordinate retail sales exceeding fifteen (15)
percent of the floor area of the main use. (Added 2-20-91)
14. Supporting commercial uses (reference 9.0). (Added 6-19-91)
15. Indoor athletic facilities. (Added 9-15-93)
16. Stand alone parking and parking structures (reference 4.12,5.1.41). (Added 2-5-03)
17. Tier III oersonal wireless service facilities (reference 5.1.40)
Sec. 28.2.1 By right
Except as otherwise limited by section 28.2.2.14, the following uses shall be pennitted in
any HI district subject to the requirements and limitations of these regulations:
(Amended 2-13-85)
1. Automotive, farm and construction and machinery products assembly.
2. Brick manufacturing, distribution.
3. Concrete mixing plant, storage, distribution.
4. Dry-cleaning plants.
5. Fire and rescue squad stations (reference 5.1.09).
6. Machine shops, tool and die, blacksmithing, boiler shops and similar operations.
7. Manufacture of heavy household, commercial and industrial appliances.
8. Manufacture of building components.
9. Manufacture, distribution, service of individual sewage disposal systems.
10. Manufacture and recycling of tires.
48
Draft: 07/07/04
11. Metal fabrication and welding operations.
12. Mobile home manufacturing, distribution.
13. Moving businesses, including storage facilities.
14. Petroleum, gasoline, natural gas and manufactured gas bulk storage (reference
5.1.20).
15. Recreational vehicle and components manufacturing, distribution.
16. Sawmills (reference 5,1.15), planing mills, wood preserving operations, wood yards.
17 . Veterinary or dog/cat hospitals, indoor accessory kennels (reference 5.1.11).
18. Warehouse facilities.
19. Contractor's office and equipment storage yards.
20. Electric, gas, oil and communication facilities excluding tower structures and
including poles, lines, transfonners, pipes, meters and related facilities for distribution
of local service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations and appurtenances owned and operated
by the Albemarle County Service Authority. (Amended 5-12-93)
21. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
22. Temporary construction uses (reference 5.1.18).
23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
24. Stonnwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
25. Tier I and Tier II nersonal wireless service facilities (reference 5.1.40),
Sec. 28.2.2 By special use permit
The following uses shall be pennitted only by special use pennit approved by the board
of supervisors pursuant to section 31.2.4:
1. Abattoirs.
2. Airport, helistop or heliport (reference 5.1.01).
49
Draft: 07/07/04
3. Asphalt mixing plants.
4. Cement, lime gypsum manufacture or processing.
5. Chemical, plastics manufacture or processing.
6. Fertilizer manufacture or processing.
7. Food processing plants such as meat, poultry and fish processing and packing and
rendering plants.
8. Junk yards, screened (reference 5.1.10).
9. Kennels for boarding of domestic pets (reference 5.1.11).
10. Petroleum refining, including by-products (reference 5.1.20).
11. Pulp, paper manufacture or processing.
12. Storage yards not elsewhere classified, excluding storage of nuclear products, by-
products or wastes.
13. Electrical power substations, transmISSIon lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; micro- wave and radio-wave transmission and relay towers;
substations and appurtenances (reference 5.1.12).
14. Uses pennitted by right, not served by public water, involving water consumption
exceeding four hundred (400) gallons per site acre per day. Uses pennitted by right,
not served by public sewer, involving anticipated discharge of sewage other than
domestic wastes. (Added 2-13-85)
15. Motorcycle and off-road recreation vehicles sale and service. (Added 10-15-86)
16. Supporting commercial uses (reference 9.0). (Added 6-19-91)
17. Stand alone parking and parking structures (reference 4.12,5.1.41). (Added 2-5-03)
18. Tier III oersonal wireless service facilities (reference 5.1.40)
Sec. 30.3.05.1.1 By right within the floodway
The following uses or activities are authorized within the floodway as a matter of right:
1. Agricultural uses, excluding structures of any kind, limited to field crops, pasture,
grazing, livestock, raising poultry, horticulture, viticulture and forestry.
2. Recreational uses (excluding structures of any kind and uses involving human
habitation) such as parks; swimming areas, golf courses and driving ranges; picnic
50
Draft: 07/07/04
grounds; wildlife and nature preserves; game farms; fish hatcheries; shooting
preserves; target, trap and skeet ranges; hunting, fishing and hiking areas; athletic
fields; and horse show grounds.
3. Flood warning aids and devices, water monitoring devices and the like.
4. Fences.
5. Electric, gas, oil and communications facilities, including poles, lines, pipes, meters
and related facilities for distribution of local service and owned and operated by a
public utility, but excluding tower structures. (Added 7-1- 81) (Amended 5-12-93)
6. Water distribution and sewage collection lines and appurtenances owned and operated
by the Albemarle County Service Authority, but excluding pumping stations and
holding ponds. (Added 7-1-81)
7. Ifparagraphs (a) through (d) are each satisfied, projects which: (i) are designed or
directed by the county, a soil and water conservation district, or a public agency
authorized to carry out flood control or environmental restoration measures; or (ii) are
reviewed and approved by the department of engineering and public works in
accordance with the water protection ordinance.
a. The purpose which will be served by the project, as detennined by the
department of engineering and public works, is either flood control or
environmental restoration;
b, The amount of fill material placed within the floodway, floodway fringe or
approximated flood plain does not exceed the amount of cut material removed
from the same floodway, floodway fringe or approximated flood plain in
which the fill was placed;
c. No natural streams will be relocated; and
d. The project will use natural materials such as rock and vegetation, and will not
use engineered structures such as those identified in section 30.3.05.2.1(5).
8. Tier I and Tier II Dersonal wireless service facilities (reference 5.1.40),
(Ord. 98-18(2); 9-16-98)
Sec. 30.3.05.2.1 By special use permit within the floodway
The following uses or activities are authorized within the floodway by special use pennit:
1. Dams, levees and other structures for water supply and flood control.
2. Water related uses such as boat docks, canoe liveries, bridges, ferries, culverts and
river crossings oftransmission lines of all types.
51
Draft: 07/07/04
3. Sod fanning, topsoil, sand and gravel removal.
4. Pump stations for water or wastewater including power supply and control devices,
holding ponds and other appurtenances.
5. Engineered structures including, but not limited to, retaining walls and revetments
made of non-natural materials such as concrete, and gabion baskets, which are
constructed along channels or watercourses for the purpose of water conveyance or
flood control.
6. Hydroelectric power generation (reference 5.1.26).(Added 4-28-82)
7. Tier III nersonal wireless service facilities (reference 5.1.40)
(Ord. 98-18(2); 9-16-98)
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. Bowennan
Mr. Boyd
Mr. Dorrier
Mr. Rooker
Ms. Thomas
Mr. Wyant
52
The first scenario would require the creation of a new position specializing in wireless
review, while the second would be based on the reviewers' current workloads. Staff has
not fully assessed the impact of the costs involved with the creation of the new position.
However, it is staffs opinion that the second alternative could be implemented
appropriately if the process resulting from the proposed zoning text were developed to
closely follow the site plan and subdivision processes, which are also being refined. In
this case the only additional impact upon staffing would be created in the time that it
would take to train other staff persons in existing positions.
1. The review of personal wireless service facilities and similar would continue to
be coordinated by a single staff person, and that person could either be a full-time
staff person dedicated to wireless telecommunications and similar utilities
including industry research, pre-application meetings, review, and enforcement
for inspections and enforcement; or,
2. The facilities could be distributed to all current development planners like site
plans and subdivisions.
Implications to Staffin2: / Staffin2: Costs: The following staffing alternatives have been
discussed are provided for consideration:
Housin2: Affordabilitv: This concern is not applicable.
Administration / Review Process: The review of applications for Tier I and Tier II
facilities should not be greatly affected by the proposed amendments, as the processes for
building permit and special use permit approval would still apply. However, the
proposed process for Tier II facilities would be similar to those that are in place for
waiver, variation and substitution requests which are also subject to Planning
Commission approval. This change is anticipated to reduce the amount of time that it
takes for applications for Tier II facilities to receive approval.
Purpose and Intent of the District: In accordance with the Personal Wireless Service
Facilities Policy, the proposed zoning text does not prohibit the installation of facilities in
any of the County's zoning districts. However, it is intended to avoid any conflict with
the purpose and intent of any of those districts by providing regulations that would assist
in influencing sound design and siting.
The following information is an addendum to the Staff Comments provided in the
original staff reports:
SW/jcf
If you have any questions, please do not hesitate to contact me.
The Albemarle County Planning Commission, at its meeting on April 20, 2004, by a vote of 7:0, recommended
approval of the above-noted zoning text amendment. The Commission also would like the Board to engage a
structural engineer to provide some parameters relative to the reasonable diameter of metal monopoles so
that the language could be adjusted to be more realistic. A staff report outlining this amendment will be
provided for the July 14 Board of Supervisors meeting.
ZTA-03-02 Personal Wireless Facilities
RE:
July 6, 2004
DATE:
Stephen Waller, Senior Planner
FROM:
Ella Carey, Clerk
TO:
MEMORANDUM
Fax (434) 972-4126
Phone (434) 296-5832
COUNTY OF ALBEMARLE
Department of Community Development
401 Mcintire Road, Room 227
Charlottesville, Virginia 22902-4596
1
Back2:round: The Board of Supervisors adopted the Personal Wireless Service Facilities Policy
as a component of the Comprehensive Plan on December 6, 2000. The Policy establishes the
County's guidelines for the siting and design of these facilities with respect for the County's
important natural, historic and scenic resources, and consideration for the regulations established
by the Federal Telecommunications Act of 1996. The existing regulations pertaining personal
wireless service facilities, found in Section 5.1.40 of the Zoning Ordinance, were adopted by the
Board of Supervisors on October 17, 2001. These regulations set the minimal application
standards, general regulations and the regulations that are applicable to facilities attached to
existing structures.
PUBLIC PURPOSE TO BE SERVED: This amendment to the Zoning Ordinance is being
proposed for the purpose of implementing the three-tiered system of review as recommended by
the Personal Wireless Service Facilities Policy.
PROPOSAL: The proposed ordinance is for the amendment of Sections 3.1, Definitions, 5.1.40,
Personal wireless service facilities, 10.2.1, By right, 10.2.2, By special use permit, 12.2.1, By
right, 12.2.2, By special use permit, 13.2.1, By right, 13.2.2, By special use permit, 14.2.1, By
right, 14.2.2, By special use permit, 15.2.1, By right, 15.2.2, By special use permit, 16.2.1, By
right, 16.2.2, By special use permit, 17.2.1, By right, 17.2.2, By special use permit, 18.2.1, By
right, 18.2.2, By special use permit, 19.2.1, By right, 19.2.2, By special use permit, 20.3.1, By
right, 20.3.2, By special use permit, 20A.6, Permitted uses, 22.2.1, By right, 22.2.2, By special
use permit, 23.2.1, By right, 23.2.2, By special use permit, 24.2.1, By right, 24.2.2, By special
use permit, 25.2.2, By special use permit, 27.2.1, By right, 27.2.2, By special use permit, 28.2.1,
By right, 28.2.2, By special use permit, 30.3.5.1.1, By right within the floodway, 30.3.5.2.1, By
special use permit within the floodway, of Chapter 18, Zoning, of the Albemarle County Code.
This proposed amendment would define terms related to personal wireless service facilities,
establish a three-tier process for reviewing applications for personal wireless service facilities
based upon prescribed criteria, and allow personal wireless facilities by right or by special use
permit in the identified zoning districts depending on the tier under which the facility qualifies
(Attachment A).
ORIGIN: The original resolution of intent to amend the zoning ordinance for implementation of
the Comprehensive Plan's recommended regulations of a three-tiered review and approval
process for Personal Wireless Service Facilities was adopted by the Planning Commission at its
meeting on February 3,2004.
ZTA 03-02 PERSONAL WIRELESS SERVICE FACILITIES
APRIL 20, 2004
PLANNING COMMISSION:
STEPHEN WALLER
JAN SPRINKLE
GREG KAMPTNER
STAFF PERSONS:
2
In addition to the regulations that are being developed with consideration for recommendations
from the Policy, general conditions that have been applied to the approvals of personal wireless
service facilities through the special use pennitting process and issuance of building pennits for
by-right personal wireless service facilities are also being implemented. Furthennore, some of
the proposed changes give consideration for suggestions and requests that were provided by
various representatives of the personal wireless communications industry who attended a staff-
facilitated focused group discussion on December 4, 2003 and Planning Commission work
session on February 24,2004 (Attachment B).
Discussion: These zoning ordinance amendments are intended to enact certain regulations that
are considered to be necessary by the Comprehensive Plan and to provide regulations for the
various ways that personal wireless service facilities are installed throughout the County. Most
importantly, under the recommendations of the Personal Wireless Service Facilities Policy, the
proposed amendments will introduce the criteria for Tier I facilities, fonnerly identified as by-
right use facilities attached to existing structures; Tier II facilities, otherwise known as treetop
facilities that are allowed by right with Planning Commission approval; and, Tier III facilities
that will continue to be allowed only by special use pennit approval. Together these three tiers
are referred to as the "Regulatory Concepts for Applications" that are recommended by the
Policy for the review of facilities. Several definitions found in the Policy are also being added to
the Zoning Ordinance, and several of the existing regulations that are related to personal wireless
service facilities are also being revised.
Description of Proposed Modifications: Some of the more substantive ordinance changes that
are being proposed are:
· [Section 3.1] Addition orrevision of the following definitions: Antenna array, Avoidance
area, Personal wireless service facility, Reference tree, Ridge area, Ridgeline, Skylighting,
Tier I facility, Tier II facility, Tier III facility, and Treetop facility.
· [Section 5.1.40.a( 4-b)] Amends the requirement for benchmarks and datum used for
elevations and horizontal coordinates to match those used for the County's Geographic
Infonnation System.
· [Section 5.1.40.a(5)] Adds requirement for submitting photos of the area surrounding a
proposed facility site and any existing facilities within 200 feet of a new facility site.
· [5.1.40.a(6-b)] Requires the location of the access road, lease area, tower site and the tallest
tree within 25 feet to be clearly marked in the field for identification during balloon tests.
· [5.1 AO.b] Requires VDOT review for facilities whose "fall zones" extend into the public
road right-of-way rather than the easement requirement.
· [5.1.40.c] Tier I Regulations (By-right with Building Pennit)
· [5 .lAO.d] Tier II (By-right with Planning Commission Approval)
· [5.1.40.e] Tier III (Special Use Pennit)
· Allows Tier I facilities by right in all existing zoning districts.
· Allows Tier II facilities by right in all existing zoning districts.
· Allows Tier III facilities by special use pennit in all existing zoning districts.
3
Response: This has been done.
· Tier I Personal Wireless Facilities: Add the words "is located" at the beginning
subparagraph (iii) in the definition of Tier I facility.
Staff Comment: The Policy defines avoidance areas as areas that have resources of
significance to the County and where the unwise siting of personal wireless service
facilities could result in adverse impacts. The Policy clearly designates state scenic
highways, by-ways and rivers, and national parks and forests as avoidance areas.
However, it is not very likely that any facilities would ever be proposed directly within
the geographic confines of these resources, and many of the qualities that help establish
them as important resources are often located on adjacent lands. Therefore, staff
recommends that appurtenant lands within 200 feet of scenic highways, by-ways and
rivers, and national parks and forests be considered as avoidance areas as well.
· Concern: Removal of "any location within two hundred (200) feet of any state scenic
highway or by-way; any location within two hundred (200) feet of any state scenic river;
any location within two hundred (200) feet of any national park or national forest," from
the definition of avoidance area.
Staff Comment: This requirement is recommended for the purpose of addressing the
concerns for visual impacts that may arise when multiple facilities are located within a
small geographic area, otherwise known as tower farms. Aside from the most obvious
concern for installing several man-made structures within the natural landscape,
additional consideration must be given for the impacts of construction activity upon trees
that are important in providing camouflaging or screening for existing facilities.
Furthermore, there may be several instances in which a facility may be appropriately sited
on a rather small parcel, but additional facilities would have impacts that could not easily
be addressed through the application of the requirements for Tier II facilities. Therefore
staff does not recommend the removal of this provision.
· Concern: Removal of "any location within 200 feet of an existing or approved personal
wireless service facility" from the definition of avoidance area.
Avoidance areas: Staff notes that neither the definition of avoidance area, nor the three-tiered
criteria prohibit the installation of facilities in avoidance areas. However, they would instead
subject facilities within avoidance areas to the special use permitting process, which provides
greater scrutiny with consideration for the Comprehensive Plan than the Tier II review process.
It is staff expectation that applicants would continue to choose sites that best suit their coverage
objectives, whether they are located within avoidance areas, or not.
From the letter from Tremblay & Smith, dated February 24, 2004:
Staff response to public comments: This section summarizes the comments, questions and
concerns that resulted from the work session on February 24, followed by a staff response.
4
Staff Comment: It is staff s opinion that requiring the locations of existing improvements
to be shown on the plans is not only important for review purposes. This information is
also helpful in assisting zoning inspectors and other official who where not involved in
the original review of the proposal to locate the sites. Furthermore, it is expected that the
although the dimensions for all of the existing accessory structures, such as barns and
. Request: Section 5.1.40.a.4(a) - Limit the depiction of existing and proposed
improvements to those located within a facility's fall zone.
Additional Comments: Based on concerns that were expressed by the Planning
Commission and with consideration for standards that have been set for acceptable
heights in past reviews for existing treetop facilities, Section 5.1.40.d(5) has been revised.
The recommended language in this section now restricts Tier II treetop facilities to no
more than 7 feet above the tallest tree within 25 feet. However, the Commission could
allow the height to be extended to 10 feet upon finding that physical constraints require
the monopole to be more than 7 feet taller than that tree; there is material difference
between the visibility of the monopole at the proposed height, rather than at a height 07
feet taller than the tallest tree; and there is not a material difference in adverse impacts to
resources identified in the Open Space Plan caused by the monopole at the proposed
height rather than a height of 7 feet taller than the tallest tree.
Staff Comment: The "Regulatory Concepts for Applications" of the Personal Wireless
Service Facilities Policy serve as the basis for this zoning ordinance amendment. Those
concepts clearly recommend that Tier II facilities may be attached for to a structure that is
"no more than 10 feet above the tallest tree within 25 feet of the proposed structure." In
no way does this statement guarantee that a total height of 10 feet will be allowed in every
case, as the limitation of visual impacts is repeatedly stated as the key goal of the Policy
and the resulting zoning regulation.
. Request: Clarification ofthe 10 foot limitation for the height that Tier II treetop facilities
may extend above the height of the tallest tree within 25 feet.
Staff Comment: The by-right attachments to existing structures are allowed under the
criteria for Tier I facilities with an expectation that the appearance of structures as they
currently exist will not be substantially changed. Conventional flagpoles are normally
exempt from building permits because of the structural capacity and loading requirements
that are only required to hold flags. At a minimum, structures strong enough to hold the
loads of antennas and cables serving personal wireless facilities that are currently being
used would have to be similar to the sizes of the monopoles that are used for the treetop
facilities. Therefore, it is staff s opinion that these structures would not even have the
appearance of conventional flagpoles, despite any attempts at camouflaging or hiding the
antennas.
· Concern: The exclusion of flag poles as structures that can be used for Tier I
attachments.
5
· Request: Change the antenna size limits from 96 inches in height and 12-inches in width
to 1,152 square inches, which would result in the same area for the face.
Staff Comment: Staffhas provided a definition for antenna array, based upon mounting
height and the user of antennas in the array to Section 3.1. Further clarification is
provided under the requirements for Tier I facilities in the explanation all types of
transmittal attachments are counted toward the limitations regardless of their use.
· Request: Clarify the term "arrays of antenna".
Staff Comment: These limitations do not restrict the attachment of more than three
antennas arrays to an existing structure, but instead require special use permit approval by
the Board of Supervisors under the Tier II criteria for any more than three arrays. This is
because most of the existing structures that can accommodate the co-location of several
facilities usually already have a high level of visibility. Adding more antennas to a
structure can increase its bulk, or alter its roofline, ultimately augmenting the visual
impacts of the structure.
· Request: Remove the limitation of a maximum of three arrays of antennas on an existing
structure.
Staff Comment: This has not been done as Tier I facilities are reviewed and approved by
right under the standard review of a building permit. These facilities can not be approved
until all building codes have been satisfied, in addition to any relevant requirements from
the zoning ordinance and utility companies. By policy, the Department of Building Code
and Zoning Services attempts to maintain a standard of issuing building permit within 10
days of filing a complete application. However, a timeline that is consistent with that
required for site plans as set forth in Section 32.4.2.6 has been set for Tier II facilities.
· Request: Specify the time upon which a Tier I facility shall be reviewed and can be
expected to be approved.
Staff Comment: The easement requirements also apply to facilities using wood
monopoles that are not designed to collapse within a given area. Under Section
4.10.3.1 (b), applicants will continue to have an opportunity to request Planning
Commission approval of a waiver of the height to distance setbacks. It is staff s opinion
that any exemption based on the engineering information related to the manner in which
metal monopoles could be better suited to these waiver requests in specific situations.
· Request: Section 5.1.40.b.2 - Reduce the fall zone easement requirement based upon the
applicant's ability to produce a letter from a licensed engineer certifying that the tower is
designed to collapse within a specific radius that is less than the height of the tower.
garages would not be necessary their approximate locations would provide important
landmarks and the adequacy of the accuracy to which they are shown would ultimately be
subject to the reviewer.
6
· Request: Provide the Ridge Area map in the Zoning Ordinance.
Response: Aside from consistency in situations where horizontal co-location has been
proposed and wood monopoles are already in place, staff has recognized no particular
preference for wooden as opposed to metal monopoles in past approval. The
recommendation for requiring color samples prior to approval, as provided in Section
5 .1.40.a.4( d), may assist in addressing concerns for the possibility of reflective coating on
metal poles.
· Concern: Wood versus metal poles.
From the e-mail from Debbie Balser, dated March 5, 2004
Staff Comment: It is staff s opinion that this language is important as it allows staff to
work with an applicant to make necessary adjustments based on plan review and field
observations. This requirement is intended to help work beyond approval of applications
that simply meet all of the minimum standards for filing and toward facilities with
acceptable site design as well.
· Request: Delete language stating that Tier II facilities shall be sited to minimize visibility
from adjacent parcels and street regardless of their distance from the facility.
Response: This infonnation has been discussed with the possibility of authorizing either
Zoning Administrator to require that some fonn security be posted either when the yearly
reports have not been submitted, or power has been disconnected indicating that a facility
is no longer being used. Staff is continuing to work on this issue and will attempt to
provide further alternatives for consideration at the Planning Commission meeting.
· Concern: Clarification of requirements of bonding and surety for removal of a facility
that is no longer in use.
Staff Comment: The tree conservation area is intended not only to assist in screening the
monopole itself. This area is also supposed to ensure that the landscape surrounding
facilities remains in its natural state to the greatest extent possible. Furthennore, the
conservation plan does not prohibit the removal of trees, but instead attempts to limit tree
removal to that which is necessary for providing access to the site, installing utilities and
constructing the facility.
· Request: Change the tree conservation area from 100 feet to the area located within the
fall zone.
Response: This has been done with an understanding that the widths of antennas on Tier
II monopoles will be limited by there ability to meet the requirement for flush mounting
(no more than 12 inches from the pole to any point on the face of the antenna).
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For example, a tower proposed within 200 feet of an existing tower will be considered Tier
III, even though its design would independently be classified as Tier II if not for its proximity to
another tower. Even if the original tower is not visible and the proposed tower will also not be
visible, even though siting the tower at that location allows it to share an existing road eliminating
Staff noted that many of the concerns previously mentioned regarding the definition of Tier
II facilities, including notably the definition of avoidance area, do not prohibit towers which fall
outside that definition, but rather require the more stringent Tier III process for approval. In theory,
Staff's comment is not as troubling as it likely will be in practice. Given the increasingly narrow
definition of Tier II facilities, more and more proposals will fall into the Tier III category. Although
many of those proposals may be as minimally intrusive as, or in some cases even less intrusive
than, a Tier II tower, the presumption will be that the proposal does not meet the goals of the
ordinance because it is classified as a Tier III tower. Overcoming that presumption will be much
more difficult than it would be to gain approval of the same project without such a label or
classification.
While we appreciate the efforts of this ZTA to provide an easier approval method for Tier II
towers, my concerns over the narrow definition of Tier II have been heightened in light of the Staff
report. Those concerns stem not only from a technical review of the amendment, but also from the
likely practical impact of its enactment.
I represent ALLTEL Communications, Inc. and was provided a copy of the staff report for the
above-referenced zoning text amendment last Friday afternoon. I would appreciate your
consideration of my comments below prior to the public hearing on April 20, 2004.
Dear Planning Commission Members:
RE: ZTA 03-02 Personal Wireless Service Facilities
Albemarle County Planning Commission
Department of Planning & Comm. Development
Albemarle County Office Building
401 Mcintire Road
Charlottesville, VA 22902
April 1 9, 2004
Via E-mail
RETIRED
E. GERALD TREMBLAY
(1922 - 2003)
LLOYD T. SMITH,] R.
TRACEY C. HOPPER
PETER]. CARAMANIS
LAW OFFICES
TREMBLAY & SMITH, LLP
P.O. Box 1585
CHARLOTIESVILLE, VIRGINIA 22902-1585
CCCC
105-109 EAST HIGH STREET
TELEPHONE (434) 977-4455
FACSIMILE (434) 979-1221
JOHN K. TAGGART, III
M.E. GIBSON,]R.
THOMAS E. ALBRO
PATRICIA D. MCGRAW
R. LEE LIV1NGSTON
RACHEL L. RUST
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cc: Stephen Waller
Jan Sprinkle
Greg Kamptner
ALL TEL Communications, Inc.
Larry Bickings
Best regards.
Albemarle County Planning Commission
April 19, 2004
Page 3
TREMBLAY & SMITH, LLP
-
1
Notice: This email may contain attorney-client privileged information, privileged work product, or other
confidential information. It is intended only for the designated recipient. If you receive this message and are
not the designated recipient, you are requested to delete this message immediately and notify me that you
received this email by mistake. Thank you.
Greg Kamptner
Assistant County Attorney
County of Albemarle
g kamptne@albemarle.org
1. If an applicant is denied a Tier II facility, should it be allowed to apply for and process an SP, i.e., process the
facility as a Tier III facility?
2. Should an applicant be allowed to appeal the decision of the PC to not allow the height of the facility to be
extended more than 7 feet above the tree?
A couple of last minute ideas:
Greg Kamptner
Tuesday, April 20/ 20044:55 PM
Stephen Waller; Jan Sprinkle
Wireless ZTA; a couple of last minute ideas
From:
Sent:
To:
Subject:
2. Yes! This is a case where the PC is just obstinate. I think that's an easy appeal of a particular regulation and the
Board could just say yes to 10'. I look to you, Greg, to write these - I hope you can think of something simple.
My thoughts:
1. Yes - if a Tier II is denied, then it must not meet the regulations in some manner. Therefore, why not allow it to be
processed as an SP where the Bas could add conditions that could mitigate whatever impact the tower may have? I think
that would be cleaner than trying to dream up some process to allow an appeal of a Tier II denial.
Jan Sprinkle
Tuesday, April 20, 20045:16 PM
Greg Kamptner; Stephen Waller
RE: Wireless ZT A; a couple of last minute ideas
From:
Sent:
To:
Subject:
Ste~hen Waller
1
Notice: This email may contain attorney-client privileged information, privileged work product, or other
confidential information. It is intended only for the designated recipient. If you receive this message and are
not the designated recipient, you are requested to delete this message immediately and notify me that you
received this email by mistake. Thank you.
Greg Kamptner
Assistant County Attorney
County of Albemarle
g kam ptne@albemarle.org
2. Should an applicant be allowed to appeal the decision of the PC to not allow the height of the facility to be
extended more than 7 feet above the tree?
1. If an applicant is denied a Tier II facility, should it be allowed to apply for and process an SP, i.e., process the
facility as a Tier III facility?
A couple of last minute ideas:
Greg Kamptner
Tuesday, April 20, 2004 4:SS PM
Stephen Waller; Jan Sprinkle
Wireless ITA; a couple of last minute ideas
From:
Sent:
To:
Subject:
We can bring this up at the meeting in the introduction to work out tonight, or before the Board meeting.
I think that the allowance for an appeal would also be appropriate if the applicant was limited to seven feet, when ten feet
received staffs recommendation, but the P.C. limited them to seven.
With situation 1, the proposed ordinance already allows for an appeal to the Board of Supervisors, provided that the
original request actually meets the criteria for Tier II facilities. If they want to go with a Tier III facility, I believe they would
just have to go through the full review again.
Stephen Waller
Tuesday, April 20, 2004 5: 11 PM
Greg Kamptner; Jan Sprinkle
RE: Wireless ZTA; a couple of last minute ideas
From:
Sent:
To:
Subject:
Steehen Waller
~
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1
Definitions
Personal wireless service facilities
By right
By special use permit
By right
By special use permit
By right
By special use permit
By right
By special use permit
By right
By special use permit
By right
By special use permit
By right
By special use permit
By right
By special use permit
By right
By special use permit
By right
By special use permit
Permitted uses
By right
By special use permit
By right
By special use permit
By right
By special use permit
By special use permit
By right
By special use permit
By right
Sec. 3.1
Sec. 5.1.40
Sec. 10.2.1
Sec. 10.2.2
Sec. 12.2.1
Sec. 12.2.2
Sec. 13.2.1
Sec. 13.2.2
Sec. 14.2.1
Sec. 14.2.2
Sec. 15.2.1
Sec. 15.2.2
Sec. 16.2.1
Sec. 16.2.2
Sec. 17.2.1
Sec. 17.2.2
Sec. 18.2.1
Sec. 18.2.2
Sec. 19.2.1
Sec. 19.2.2
Sec. 20.3.1
Sec. 20.3.2
Sec. 20A.6
Sec. 22.2.1
Sec. 22.2.2
Sec. 23.2.1
Sec. 23.2.2
Sec. 24.2.1
Sec. 24.2.2
Sec. 25.2.2
Sec. 27.2.1
Sec. 27.2.2
Sec. 28.2.1
By Amending:
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that
Chapter 18, Zoning, Article I, General Provisions, Article II, Basic Regulations, and Article III,
District Regulations, of the Code of the County of Albemarle are amended and reordained as
follows:
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL
PROVISIONS, ARTICLE II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT
REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
ATTACHMENT A
ORDINANCE NO. 04-18( )
Draft: 04/14/04
~
2
Ridf!e area: All land within one hundred (100) vertical feet of. and including:. the ridg:eline and
Deaks of a mountain or chain of mountains. as identified on a ridg:e area maD aDDfoved bv the
board of sUDervisors.
Reference tree: A tree desilffiated for determining: the tOD heig:ht of a treetoD facility's monoDole
mounting: structure. This may either be the tallest tree within twenty five (25) feet of the
DfoDosed monoDole or a shorter tree that has been strateg:icallv identified for screening: and
camouflag:ing: Dumoses.
Personal wireless service facility: A facility for the provision of personal wireless services, as
defined by 47 D.S.C. § 332 (Section 704 of the Telecommunications Act of 1996), including
those Federal Communications Commission licensed commercial wireless telecommunications
services such as cellular, personal communications services (PCS), specialized mobile radio
(SMR), enhanced specialized mobile radio (ESMR), and unlicensed wireless services and
common carrier wireless exchange access services. The use identified in this chapter as
"microwave and radio v¡a'¡e transmission and rclay towers, substations and appurtenances"
includes personal wireless service facilities.
Avoidance area: An area having: silffiificant resources where the siting: ofDersonal wireless
service facilities could result in adverse imDacts. Avoidance areas include any ridg:e area where
a Dersonal wireless service facility would be skvlig:hted: any location that would adversely
imDact any resource identified in the ODen SDace Dlan or a natural resource or cultural asset
identified in chaDter two of the comDfehensive Dlan: any location having: unlimited visibility: on
a Darcel within an arncultural and forestal district: on a Darcel subiect to a conservation or an
ODen SDace easement: on a Darcel within a historic district: any location within two hundred
(200) feet of an existing: or aDDfoved Dersonal wireless service facility: any location within two
hundred (200) feet of any state scenic hig:hwav or by-way: any location within two hundred
(200) feet of any state scenic river: any location within two hundred (200) feet of any national
Dark or national forest.
Antenna arrav: An orderly arrang:ement of antennas mounted at the same heig:ht on a tower or
other structure and intended to transmit a silffial Dfoviding: coverag:e over a sDecific area for a
sing:le Dfovider of Dersonal wireless services.
Sec. 3.1 Definitions
Article I. General Provisions
Chapter 18. Zoning
Sec. 28.2.2 By special use permit
Sec. 30.3.5.1.1 By right within the floodway
Sec. 30.3.5.2.1 By special use permit within the floodway
Draft: 04/14/04
10
3
1. A completed application fonn, signed by the Darcel owner, the Darcel owner's
agent or the contract purchaser. and the mODosed facility's owner. If the owner's
agent signs the application, he shall also submit written evidence of the existence
and scope of the agency. If the contract purchaser signs the application, he shall
also submit the owner's written consent to the application.
a. Application for approval: Each request for approval of a personal v.'ireless service facility
shall include the following infonnation:
The purpose of this section 5.1.40 is to implement the personal wireless service facilities policy,
adopted as part of the comprehensive plan. Each personal wireless service facility (hereinafter
"facility") shall be subject to following. as aDDlicable:
Sec. 5.1.40 Personal wireless service facilities
Article II. Basic Regulations
Treetoo facilitv: A Dersonal wireless service facility consisting: of a self-suDDorting: monoDole
having: a sing:le shaft of wood. metal or concrete no more than ten (10) feet taller than the crown
of the tallest tree within twenty-five (25) feet of the monoDole. measured above sea level (ASLt
and includes associated antennas. mounting: structures. an eauiDment cabinet and other essential
Dersonal wireless service eauiDment.
Tier III oersonal wireless service facilitv or Tier III facilitv: A Dersonal wireless service facility
that is neither a Tier I nor a Tier II facility.
Tier II oersonal wireless service facilitv or Tier II facilitv: A Dersonal wireless service facility
that is a treetoD facility not located within an avoidance area.
Tier I oersonal wireless service facilitv or Tier I facilitv: A Dersonal wireless service facility that:
(i) is located entire Iv within an existing: building: but which may include a self-contained shelter
or cabinet not exceeding: one hundred fifty (150) sauare feet that is not within the building: or a
whiD antenna that satisfy the reauirements of section 5 .1.40( c): (ii) consists of one or more
antennas. other than a microwave dish. attached to an existing: confonning: structure other than a
flag: Dole. that do not exceed the heig:ht of the structure. and are flush mounted to the structure.
tog:ether with associated Dersonal wireless service eauiDment: or (iii) is located within or
camouflag:ed bv an addition to an existing: structure detennined bv the ag:ent to be in character
with the structure and the surrounding: district.
Skvliflht: Locating: a Dersonal wireless service facility in such a way that the sky is the backdroD
of any Dortion of the facility. Skvlig:ht has the same meaning: as "skvlining:." as that tenn is used
in the wireless Dolicv.
Ridfleline: The UDDennost line created bv connecting: the Deaks of a mountain or chain of
mountains. and from which land declines in elevation on at least two (2) sides. as identified on a
ridg:e area maD aDDroved bv the board of suoervisors.
Draft: 04/14/04
11
4
(tit) The height. caliDer and sDecies of all trees where the driDline is located
within fifty (50) feet of any proposed monopole or tower relied upon to
(e~) Except where the facility would be attached to an existing structure, the
topography within two thousand (2,000) feet of the proposed facility, in
contour intervals not to exceed ten (10) feet for all lands within Albemarle
County and. in contour intervals shown on United States Geolo!Úcal
Survey tODoQfaDhic survey maDS or the best tODoQfaDhic data available.
for lands not within Albemarle County.
úil Identification of each Daint color on the facility. bv manufacturer color
name and color number. A Daint chiD or samDle shall be Drovided for each
color.
(b~ The design of the facility, including the specific type of support structure
and the design, type, location, size, height and configuration of all existim!
and proposed antennas and other equipment.
íhl The benchmarks and datum used for elevations. The datum shall coincide
with the Vin!Ìnia State Plane Coordinate SYstem. South Zone. North
American Datum of 1983 CNAD83)' United States Survey Feet North
American Vertical Datum of 1988 CNA VD88). and the benchmarks shall
be acc(;mtable to the county emÚneer.
(a) The location and dimensions of all existin2: and proposed improvements
on the Darcel includin2: access roads and structures. the location and
dimensions of sÜmificant natural features. and including the maximum
height above ground of the facility (also identified in height above sea
level)~
4. Except where the facility will be located entirely within an existing structure, a
scaled plan and a scaled elevation view and other supporting drawings,
calculations, and other documentation required by the director of planning and
community development a2:ent, signed and sealed by an appropriate licensed
professional. The plans and supporting drawings, calculations and documentation
shall show:
3. The identity of the owner of the parcel and, if the owner is other than a real
person, the complete legal name of the entity, a description of the type of entity,
and written documentation that the person signing on behalf of the entity is
authorized to do so.
2. A recorded plat or recorded boundary survey of the parcel on which the facility
will be located; provided, if neither a recorded plat nor boundary survey exists, a
copy of the legal description of the parcel and the Albemarle County Circuit
Court deed book and page number.
Draft: 04/14/04
12
5
(6g) The balloons shall be of a color or material that provides maximum
visibility.
(b£) The test shall consist of raising one or more balloons from the site to a
height equal to the proposed facility.
Q:ù Prior to the balloon test. the locations of the access road. the lease area. the
tower site. the reference tree and the tallest tree within twentv five (25)
feet of the monosed mononole shall be surveved and staked or fla¡r¡red in
the field.
(a) The applicant shall contact the department ot planmng and commumty
development a¡rent within thirty (30) days after the date the application
was submitted to schedule a date and time when the balloon test will be
conducted. The test shall be conducted within sixty (60) days after the
date the application was submitted, and the applicant shall provide the
department a¡rent with at least seven (7) days prior notice; provided that
this deadline may be extended due to inclement weather or by the
agreement of the applicant and the department.
6. For any proposed monopole or tower, photographs taken of a balloon test, which
shall be conducted as follows:
5. Photographs. where nossible. or nersnective drawin¡rs ofthe facilitv site and all
existin¡r facilities within two hundred (200) feet of the site. if anv. and the area
surroundin¡r the site.
(hi) If the nronosed tower will be taller than one hundred fiftv (150) feet. +the
proximity of the facility to commercial and private airports.
(gi) Except where the facility would be attached to an existing structure,
residential and commercial structures, and residential and rural areas
zoning district boundaries, agricultural and forestal district boundaries and
parcels subject to conservation easements '.vithin two thousand (2,000) feet
of the facility.
(tb) The location of all existin¡r accesswavs and the location and design of all
proposed accessways.
(@g) All existing and proposed setbacks, parking, fencing and landscaping.
establIsh the propOSed heIght and/or screemng ot the monopole or tower
ofthe facilitv that are relied unon to establish the monosed hei¡rht and/or
screenin¡r of the mononole. All trees that will be adverselv imnacted or
removed durin¡r installation or maintenance of the facilitv shall be noted.
Draft: 04/14/04
13
6
5. Notwithstanding section 32.2 of this chapter, a site plan shall not be required for a
facility, but the facility shall be subject to the requirements of section 32 and the
applicant shall submit all schematics, plans, calculations, drawings and other
information required by the director of planning and community development
~ to determine whether the facility complies with section 32. In making this
determination, the director ~ may impose reasonable conditions authorized by
section 32 in order to assure compliance.
4. Notwithstanding section 4.11 of this chapter, a facility may be located in a
required yard.
3. The area and bulk regulations or minimum yard requirements of the zoning
district in which the facility will be located shall not apply.
2. Notwithstanding section 4.10.3.1(b) of this chapter, the alrector 01 plannmg ana
community development al!ent may authorize a facility to be located closer in
distance than the height of the tower or other mounting structure to any lot line if
the applicant obtains an easement or other recordable document showinl!
al!reement between the lot owners. acceptable to the county attorney prohibiting.
addressinl! development on the part of the abutting let ~ sharing the common
lot line that is within the facility's fall zone (e.g., the setback of an eighty (80)
foot-tall facility could be reduced to thirty (30) feet if an easement is established
prohibiting development on the abutting lot within a fifty (50) foot fall zone). If
the ril!ht-of-wav for a uublic street is within the fall zone. the Vif!!inia Deuartment
of Transuortation shall be included in the staff review. in lieu of record in I! an
easement or other document.
1. Notwithstanding section 4.2.3.1 of this chapter, a facility may be located in an
area on a lot or parcel other than a building site.
b. GCl'lcml rcguJa.tions Exemvtion from ref!ulations otherwise avvlicable: Except as
otherwise provided exemuted in this paragraph, each facility shall be subject to all
applicable regulations in this chapter.
7. If antennas are Dfouosed to be added to an existinl! structure. all existinl! antennas
and other eauiument on the structure. as well as all !!found eauiument. shall be
identified bv owner. tvoe and size. The methodCs) bv which the antennas will be
attached to the mountinl! structure shall be deuicted.
(d~ The photographs of the balloon test shall be taken from the nearest
residence and from appropriate locations on abutting properties, along
each publicly used road from which the balloon is visible, and other
properties and locations as deemed appropriate by the director of plannmg
and community development al!ent. The applicant shall identify the
camera type, film size, and focal length of the lens for each photograph.
Draft: 04/14/04
14
7
;!l Equipment shall be attached to the exterior of a structure only as follows: (i) the
total number of arrays of antennas attached to the existing structure shall not
exceed three (3), and each antenna proposed to be attached under the pending
application shall not exceed the size shown on the application. which size shall
not exceed one thousand one hundred fifty two (152) sauare inches; (ii) 6flly
flush mounted antennas shall be pennitted; no antenna shall project from the
structure beyond the minimum required by the mounting equipment, and in no
+2. The facility shall be designed, constructed and maintained as follows: (i) guy
wires shall not be pennitted; (ii) outdoor lighting for the facility shall be pennitted
only during maintenance periods; regardless of the lumens emitted, each outdoor
luminaire shall be fully shielded as required by section 4.17 of this chapter; (iii)
any equipment cabinet not located within the existing structure shall be screened
from public yievI from all lot lines either bv terrain. existinl! structures. existinl!
vel!etation. or bv added vel!etation aODfoved bv the county'S landscaoe olanner;
(iv) a whip antenna less than six (6) inches in diameter may exceed the height of
the existing structure; (v) a grounding rod, whose height shall not exceed two feet
and whose width shall not exceed one ill-inch in diameter at the base and
tapering to a point, may be installed at the top of facility or the structure; and (vi)
within one month after the completion of the installation of the facility, the
applicant shall provide a statement to the department of planning and community
development al!ent certifying that the height of all components of the facility
complies with this regulation.
L The facility shall comolv with subsection 5.1.40(b)'
c. KcgUltltlOns appllC(1tJlC to (1 JYlClllty atlélCf<lCél to an CXIStlng structurc Tier I facilities. A
by right use facility described in subsection 5 .1.40(b)( 6) shall be installed and operated
subject to the following regulations Each Tier I facility may be established uoon aODfoval
of an aoolication satisfvinl! the reauirements of subsection 5 .1.40( a) bv the al!ent.
demonstratinl! that the facility will be installed and ooerated in comoliance with all
aoolicable Dfovisions of this chaoter. satisfvinl! any conditions of the architectural review
board. and meetinl! the followinl! conditions:
11 lJe pennmeo as a IJY
g sna . s
xISlmg IJUlIOm . àle regulatIOn .
CfttlfCty WURtR IltI e ..&o.t to all appli.a. e a ,elf oontatRed
'I-, 1\ facuny 10.~,t:d heweyer, il ,hall h~: a;e fa.ilily may m.~a:6m public view
. right aDe; pr~ '¡, iìdiRg, Saoh a hy n~ 'lding if it isscreene oed, tho height
applying to t e anot located willlma ut'in diameter wJnch e.e
shelter or cabmet I ss than six (6) mche
h' antennae e
or a VI I~. building.
of the eXIstmg
o an eXIstmg structure other
an a mIcrowave OISh, attacheO t ei ht of the existing structure
¡¡., 1\ .acuuy, orner mle...d whieh dee, not e..eed thei:e: as a hy right a,e;
thÐR a tower or POtod to the ,tmcttITe, shall he P;"'" hie regulation, applytRg to the
...d i, fl tlDh ""'11ft it shell he ,ubj eet to all app htea sah,eetion 5. L 40(.).
provided, however, d t the regulations set fort m
existing structure an 0
Draft: 04/14/04
1 5
....
8
46. The facility shall be disassembled and removed from the site within ninety (90)
days of the date its use for wireless telecommunications Dersonal wireless service
purposes is discontinued. If the a2:ent detennines at any time that surety is
reQuired to 2:uarantee that the facility will be removed as reQuired. the a2:ent may
reQuire that the Darcel owner or the owner of the facility submit a certified check.
a bond with surety. or a letter of credit. in an amount sufficient for. and
conditioned UDon. the removal of the facility. The tvoe and fonn of the surety
5. The installation. oDeration and maintenance of the facility shall be conducted in
accordance with the tree conservation Dlan. Dead and dvin2: trees identified bv
the arborist's reDOrt may be removed if so noted on the tree conservation Dlan. If
tree removal is later reQuested that was not aDDfoved bv the aænt when the tree
conservation Dlan was aDDfoved. the aDDlicant shall submit an amended Dlan. The
a2:ent may aDDfove the amended Dlan if the DroDosed tree removal will not
adversely affect the visibility of the facility from any location off of the Darcel.
The a2:ent may imDose reasonable conditions to assure that the Dumoses ofthis
Dara2:faDh are achieved.
J1. t'nor to oegmmng construction or mstallatIOn ot any eqUIpment cabmet not
located '¡¡ithin the existing structure, or installation of access for vehicles or
utilities, a tree conservation plan, developed by a certified arborist, specifying tree
protection methods and procedures, and identifying any existing trees to be
removed on the site both inside and outside the access casement and lease area
shall be submitted to the director of planning and community development for
approyal. l\ll construction or installations associated with the equipment cabinet,
including necessary access for construction or installation, shall be ia accordance
v/ith this tree conservation plan. Except for the tree removal expressly authorized
by the director, the applicant shall not remove existing trees ,<,¡¡thin two hundred
(200) feet ofthe lease area, or the yehicular or utility access. Prior to issuance of
a buildin2: Dennit. the aDDlicant shall either submit a statement that no tree will be
removed. or submit a tree conservation Dlan DfeDared by a certified arborist. The
statement or the tree conservation Dlan shall be submitted to the a2:ent for review
and aDDfoval. The tree conservation Dlan shall sDecifv tree Dfotection methods
and Dfocedures. and identify all existin2: trees to be removed on the Darcel for the
installation. oDeration and maintenance of the facility. ExcetJt for the tree removal
eXDfesslv authorized bv the a2:ent. the aDDlicant shall not remove existin2: trees
within the lease area or within one hundred (100) feet in all directions surroundin2:
the lease area of any Dart of the facility. In addition. the aænt may identify
additional trees or lands UD to two hundred (200) feet from the lease areªto be
included in the conservation Dlan.
case shall any Doint on the face of an antenna project more than twelve (12) inches
from the existing structure; and (iii) each antenna and associated equipment shall
be a color that matches the existing structure. For Dumoses ofthis section. all
tvoes of antennas and dishes re2:ardless of their use shall be counted toward the
limitof three arrays.
Draft: 04/14/04
9
16
3. The facility shall not adversely imDact resources identified in the county's ODen
SDace Dlan.
2. The facility shall be sited to minimize its visibility from adiacent Darcels and
streets. reQ:ardless of their distance from the facility.
L The facility shall comDlv with subsection 5.1.40(b) and subsection 5.1.40( c )(2)(i)
throUQ:h (v). (3), (4), (5), (6), (7) and (8),
d. Tier II facilities. Each Tier II facility may be established UDon commission aDDroval of an
aDDlication satisfvinQ: the reauirements of subsection 5.1.40(a) and demonstratinQ: that the
facility will be installed and oDerated in comDliance with all aDDlicable Dfovisions of this
chaDter. and criteria (1) throuQ:h (7) below. The commission shall act on each aDDlication
within the time Deriods established in section 32.4.2.6. The commission shall aDDfove
each aDDlication. without conditions. once it determines that all of these reauirements
have been satisfied. If the commission denies an aDDlication. it shall identify which
reauirements were not satisfied and inform the aDDlicant what needs to be done to satisfy
each reauirement.
&2. Any equipment cabinet not located within the existing structure an existinQ:
buildinQ: shall be+-fij fenced only with the approval of the director of planning and
community dC'Ielopment aQ:ent UDon findinQ: that the fence: (i) would Dfotect the
facility from tresDass in areas ofhiQ:h volumes of vehicular or Dedestrian traffic or.
in the rural areas. to Dfotect the facility from livestock or wildlife: (ii) would not
be detrimental to the character of the area: and nii) would not be detrimental to
the Dublic health. safety or Q:eneral welfare; (ii) screened from all lot lines either
by the terrain, existing structures, existing vegetation, or by added vegetation
approved by the county's landscape planner.
/. the regulatIOns In sectIon ).1.12ta), tb) and tC) 01 thIS chapter shall apply.
6.8.. No slopes associated with construction the installation of the facility and
accessory uses shall be created that are steeper than 2: 1 unless retaining walls,
revetments, or other stabilization measures acceptable to the county engineer are
employed.
~1. The applicant owner of the facility shall submit a report to the zomng
administrator aeent by no earlier than Mav or and no later than July 1 of each
year. The report shall identify each user of the existing structure that is a '.'Iireless
telecommunications service provider. and include a drawinQ:. Dhoto2IaDh or other
illustration identifvinQ: which eauiDment is owned and/or oDerated bv each
Dersonal wireless service Dfovider. MultiDle users on a sinQ:le tower or other
mountinQ: structure may submit a sinQ:le reDort. Dfovided that the reDort includes a
statement sÎl:med bv a remesentative from each user acauiescinQ: in the reDort.
¡ruarantee shall be to the satisfaction of the aQ:ent and the county attorney.
Draft: 04/14/04
10
1..,
~ ,
9__ The followin!! shall be submitted to the a!!ent after installation of the monoDole is
comDleted and Drior to issuance of a certificate of OCCUDancv: (i) certification bv a
re!!istered survevor statin!! the hei!!ht ofthe monoDole. measured both in feet
above !!found level and in elevation above mean sea level. usin!! the benchmarks
or reference datum identified in the aDDlication: and (ii) certification statin!! that
the li!!htnin!! rod's hei!!ht does not exceed two (2) feet above the tOD of the
monoDole and width does not exceed a diameter of one (1 ) inch.
ß__ The followin!! shall be submitted with the buildin!! Dermit aDDlication: (i)
certification bv a re!!istered survevor statin!! the hei!!ht ofthe reference tree that is
used to determine the Dermissible hei!!ht ofthe monoDole: and (ii) a final revised
set ofDlans for the construction ofthe facilitv. The a!!ent shall review the
survevor's certificate and the Dlans to assure that all aDDlicable reauirements have
been satisfied.
L Each wood monoDole shall be constructed so that all cables. wirin!! and similar
attachments that run verticallv from the !!found eauiDment to the antennas are
Dlaced on the Dole to face the interior ofthe DrODertv and awav from Dublic view.
as determined bv the a!!ent. Metal monoDoles shall be constructed so that
vertical cables. wirin!! and similar attachments are contained withinthe
monoDoles structure.
6. Each wood monoDole shall be a dark brown natural wood color: each metal or
concrete monoDole shall be Dainted a brown wood color to blend into the
sUIToundin!! trees. The !!found eauiDment cabinet. antennas and sUDDortin!!
brackets. concrete Dad and all other eauiDment attached to the monoDole shall be a
color that closelv matches that ofthe monoDole.
5. The tOD ofthe monoDole. measured in elevation above mean sea level. shall never
exceed the hei!!ht aDDroved bv the commission. The aDDroved hei!!ht shall not be
more than seven (7) feet taller than the tallest tree within twentv-five (25) feet of
the monoDole. and shall include anv base. foundation or !!fadin!! that raises the
Dole above the Dre-existin!! natural !!found elevation: Drovided that the hei!!ht
aDDroved bv the commission mav be UD to ten (10) feet taller than the tallest tree
if the owner of the facilitv demonstrates to the satisfaction of the commission that:
(i) Dhvsical constraints reauire that the monoDole be more than seven (7) feet
taller than the tallest tree: (ii) there is not a material difference in the visibilitv of
the monoDole at the DroDosed hei!!ht. rather than at a hei!!ht seven (7) feet taller
than the tallest tree: and (iii) ) there is not a material difference in adverse imDacts
to resources identified in the countv's ODen SDace Dlan caused bv the monoDole at
the DroDosed hei!!ht. rather than at a hei!!ht seven (7) feet taller than the tallest
tree.
4· The maximum base diameter of the monoDole shall be thirtv (30) inches and the
maximum diameter at the tOD ofthe monoDole shall be ei!!hteen (18) inches.
Draft: 04/14/04
18
11
Article III. District Regulations
~. The facility shall comolv with all conditions of aODfoval of the soecial use oennit.
L The facility shall comolv with subsection 5 .1.40(b). subsection 5 .1.40( c )(2)(i)
throu!!h (v). (3). (4), (5), (6) and (7) (8), and subsection 5.1.40(d)(2). (3). (6) and
(7). unless modified bv the board of suoervisors durin!! soecial use oennit review.
e. Tier III facilities. Each Tier III facility may be established uoon aODfoval of a soecial use
oermit issued oursuant to section 31.2.4 of this chaoter. initiated uoon an aoolication
satisfvin!! the reQuirements of subsection 5 .1.40( a) and section 31.2.4. and it shall be
installed and ooerated in comoliance with all aoolicable Dfovisions of this chaoter and the
followin!!:
12. Uoon the written reQuest of the aoolicant. the a!!ent may authorize the hei!!ht of an
existin!! Tier II facility's monooole to be increased above its ori!!inallv aODfoved
hei!!ht uoon findin!! that the Dfooosed hei!!ht increase will not cause additional
adverse visual imoacts. The aoolication shall include infonnation confirmin!! that
the reference tree has !!rown to a hei!!ht that is relative to the reQuested increase in
hei!!ht ofthe monooole. and a certified survey of the reference tree's new hei!!ht.
as well as the hei!!hts of other trees to be considered bv the a!!ent.
11. The board of suoervisors may consider an aoolication for a Tier II facility only
uoon an aooeal of the denial of the aoolication bv the commission. An aooeal
shall be submitted in writin!! in the office of the a!!ent within ten (10) calendar
days after the date of the denial bv the commission. In considerin!! an aooeal. the
board may affinn. reverse. or modify in whole or in oart. the decision of the
commission. and its decision shall be based uoon the reQuirements delineated in
this subsection (dt
ill Notice of the commission's consideration of an aoolication for a Tier II facility
shall be sent bv the a!!ent to the owner of each lot abuttin!! the lot on which the
Dfooosed facility will be located. The notice shall describe the nature ofthe
facility. its Dfooosed location on the lot. its Dfooosed hei!!ht. the aODfooriate
county office where the comolete Tier II facility aoolication may be viewed. and
the date. time and location where the commission will consider the aoolication.
The notice shall be mailed bv first class mail or hand delivered at least ten (10)
days orior to the commission meetin!!. Mailed notice shall be mailed to the last
known address of the owner. and mailin!! the notice to the address shown on the
current real estate tax assessment records of the county shall be deemed
comoliance with this reQuirement. The failure of an owner to receive the notice
as Dfovided herein shall not affect the validity of an aODfoved Tier II facility and
shall not be the basis for an aooeal.
Draft: 04/14/04
19
12
11. Veterinary services - off-site treatment only.
10. Temporary sawmill (reference 5.1.15 and subject to performance standards in 4.14).
9. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
8. Temporary construction uses (reference 5.1.18).
7. Accessory uses and buildings including home occupation, Class A (reference 5.2) and
storage buildings.
6. Electric, gas, oil and communication facilities excluding tower structures and
including poles, lines, transformers, pipes, meters and related facilities for distribution
of local service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations and appurtenances owned and operated
by the Albemarle County Service Authority. Except as otherwise expressly provided,
central water supplies and central sewerage systems in conformance with Chapter 16
of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
5. Wayside stands for display and sale of agricultural products produced on the premises
(reference 5.1.19).
4. Game preserves, wildlife sanctuaries and fishery uses.
3. Agriculture, forestry, and fishery uses except as otherwise expressly provided.
2. Side-by-side duplexes subject to the provisions of section lOA; provided that density
is maintained and provided that buildings are located so that each unit could be
provided with a lot meeting all other requirements for detached single-family
dwellings except for side yards at the common wall. Other two-family dwellings shall
be permitted provided density is maintained.
1. Detached single-family dwellings, including guest cottages and rental of the same;
provided that yard, area and other requirements of section 1004, conventional
development by right, shall be met for each such use whether or not such use is on an
individual lot subject to section 10.3.
The following uses shall be permitted in any RA district subject to the requirements and
limitations of these regulations:
Sec. 10.2.1 By right
Draft: 04/14/04
02
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22. Country store.
21. Sanitary landfill (reference 5.1.14).
20. Day camp, boarding camp (reference 5.1.05).
19. Private airport, helistop, heliport, flight strip (reference 5.1.01).
18. Veterinary services, animal hospital (reference 5.1.11 and subject to perfonnance
standards in 4.14).
17. Commercial kennel (reference 5.1.11 and subject to perfonnance standards in 4.14).
16. (Repealed 11-15-95)
15. Group homes and homes for developmentally disabled persons as described in section
15.1-486.2 of the Code (reference 5.1.07).
14. Sawmills, planing mills and woodyards (reference 5.1.15 and subject to perfonnance
standards in 4.14).
13. Custom slaughterhouse.
12. Horse show grounds, pennanent.
11. (Repealed 3-15-95)
10. (Repealed 11-11-92)
9. Mobile home subdivisions (reference 5.5).
8. (Repealed 3-5-86)
7. Day care, child care or nursery facility (reference 5.1.06).
6. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances, unmanned telephone
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances.
5. Private schools.
4. Swim, golf, tennis or similar athletic facilities (reference 5.1.16).
3. Fire and rescue squad stations (reference 5.1.09).
Draft: 04/14/04
?')
.... ....
15
40. Borrow area, borrow pit not pennitted under section 10.2.1.18. (Added 7-6-83)
39. Hydroelectric power generation (reference 5.1.26). (Added 4- 28-82)
38. Exploratory drilling. (Added 2-10-82)
37. Public garage. (Added 3-18-81)
36. Gift, craft and antique shops.
35. Church building and adjunct cemetery.
34. (Repealed 3-21-01)
33. Crematorium.
32. Cemetery.
31. Home occupation, Class B (reference 5.2).
30. Pennitted residential uses as provided in section 10.5.
29. Boat landings and canoe livery.
28. Divisions ofland as provided in section 10.5.
b. Nonconfonning uses, provided the restaurant or inn is served by existing water
and sewerage systems having adequate capacity for both the existing and
proposed uses and facilities without expansion of either system. (Amended 11-8-
89; 10-18-00)
a. Located within an historic landmark as designated in the comprehensive plan,
provided: (i) the structure has been used as a restaurant, tavern or inn; and (ii) the
structure shall be restored as faithfully as possible to the architectural character of
the period and shall be maintained consistent therewith; or
27. Restaurants and inns that are:
26. (Repealed 11-8-89)
25. Flood control dams and impoundments.
24. (Repealed 11-8-89)
23. Commercial fruit or agricultural produce packing plants. (Amended 11-8-89)
Draft: 04/14/04
16
23
6. Electric, gas, oil and communication facilities, excluding tower structures and
including poles, lines, transformers, pipes, meters and related facilities for distribution
of local service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations and appurtenances owned and operated
by the Albemarle County Service Authority. Except as otherwise expressly provided,
central water supplies and central sewerage systems in conformance with Chapter 16
ofthe Code of Albemarle and all other applicable law. (Amended 5-12-93)
5. (Repealed 9-2-81)
4. Rental of permitted residential uses and guest cottages, provided that yard, area and
other requirements of this ordinance shall be met for each such use whether or not
such use is on an individual lay-out.
3. Cluster development of permitted residential uses.
2. Side-by-side duplexes provided that density is maintained and provided further that
buildings are located so that each unit could be provided with a lot meeting all other
requirements for detached single-family dwellings except for side yards at the
common wall. Other two-family dwellings shall be permitted provided density is
maintained.
1. Detached single-family dwellings.
The following uses shall be permitted subject to requirements and limitations of this
ordinance:
See, 12,2.1 By right
48. Tier III Dersona1 wireless service facilities (reference 5.1.40)
47. Animal shelter (reference 5.1.11). (Added 6-16-99).
46. Off-site parking for historic structures or sites (reference 5.1.38) or off-site employee
parking for an industrial use in an industrial zoning district (reference 5.1.39).
45. Farm sales (reference 5.1.35). (Added 10-11-95)
44. Theatre, outdoor drama. (Added 6-10-92)
43. Agricultural Museum (reference 5.1.30). (Added 12-2-87)
42. Temporary events sponsored by local nonprofit organizations which are related to,
and supportive of the RA, rural areas, district (reference 5.1.27). (Added 12-2-87)
41. Convent, Monastery (reference 5.1.29). (Added 1-1-87)
Draft: 04/14/04
24
17
6. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
5. Private schools.
4. Swim, golf, tennis or similar athletic facilities (reference 5.1.16).
3. Fire and rescue squad stations (reference 5.1.09).
2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
1. Community center (reference 5.1.04).
The following uses shall be permitted only by special use permit approved by the board
of supervisors pursuant to section 31.2.4:
See, 12.2.2 By special use permit
16. Tier I and Tier II DersonaI wireless service facilities (reference 5.1.40),
15. Stormwater management facilities shown on an approved final site plan or subdivison
plat. (Added 10-9-02)
14. Mobile homes on individual lots (reference 5.6) (Added 11-11- 92)
13. Agriculture.
12. Homes for developmentally disabled persons (reference 5.1.7).
11. Wayside stands for the display and sale of seasonal agricultural products (reference
5.1.19).
10. Tourist lodgings (reference 5.1.17).
9. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
8. Temporary construction uses (reference 5.1.18).
7. Accessory uses and buildings including home occupation, Class A (reference 5.2) and
storage buildings.
Draft: 04/14/04
() ~#
~\.)
18
6. Electric, gas, oil and communication facilities, excluding tower structures and
including poles, lines, transfonners, pipes, meters and related facilities for distribution
of local service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations and appurtenances owned and operated
by the Albemarle County Service Authority. Except as otherwise expressly provided,
5. (Repealed 9-2-81)
4. (Repealed 9-2-81)
3. Rental of pennitted residential uses and guest cottages, provided that yard, area, and
other requirements of this ordinance shall be met for each such use whether or not
such use is on an individual lay-out.
2. Cluster development ofpennitted residential uses.
1. Detached single-family dwellings.
The following uses shall be pennitted subject to requirements and limitations of this
ordinance:
Sec. 13,2.1 By right
16. Tier III Dersonal wireless service facilities (reference 5.1.40)
15. Churches. (Added 9-2-81)
14. Cemeteries.
13. Hog fanns.
12. Home occupation, Class B (reference 5.2).
11. Agricultural service occupation.
10. (Repealed 11-11-92)
9. Mobile home subdivisions (reference 5.5).
8. (Repealed 3-5-86)
7. Day care, child care or nursery facility (reference 5.1.06).
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12).
Draft: 04/14/04
26
19
7. Day care, child care or nursery facility (reference 5.1.06).
6. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12).
5. Private schools.
4. Swim, golf, tennis, or similar athletic facilities (reference 5.1.16).
3. Fire and rescue squad stations (reference 5.1.09).
2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
1. Community center (reference 5.1.04).
The following uses shall be permitted only by special use permit approved by the board
of supervisors pursuant to section 31.2.4:
Sec. 13.2.2 By special use permit
13. Tier I and Tier II Dersonal wireless service facilities (reference 5.1.40).
12. Stormwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
11. Homes for developmentally disabled persons (reference 5.1.07).
10. Tourist lodgings (reference 5.1.17).
9. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
8. Temporary construction uses (reference 5.1.18).
7. Accessory uses and buildings including home occupation, Class A (reference 5.2) and
storage buildings.
central water supplies and central sewerage systems in conformance with Chapter 16
of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
Draft: 04/14/04
t')....
~ ,
20
9. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
by the Rivanna Water and Sewer Authority (reference 31.2.5,5.1.12). (Amended 11-
1-89)
8. Temporary construction uses (reference 5.1.18).
7. Accessory uses and buildings including home occupations (reference 5.2) and storage
buildings.
6. Electric, gas, oil and communication facilities, excluding tower structures and
including poles, lines, transformers, pipes, meters and related facilities for distribution
of local service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations and appurtenances owned and operated
by the Albemarle County Service Authority. Except as otherwise expressly provided,
central water supplies and central sewerage systems in conformance with Chapter 16
of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
4. (Repealed 9-2-81)
5. (Repealed 9-2-81)
3. Rental of permitted residential uses and guest cottages, provided that yard, area and
other requirements of this ordinance shall be met for each such use whether or not
such use is on an individua11ay-out.
2. Cluster development of permitted residential uses.
1. Detached single-family dwellings.
The following uses shall be permitted subject to requirements and limitations of this
ordinance:
Sec. 14.2.1 By right
12. Tier III Dersona1 wireless service facilities (reference 5.1.40)
11. Cemeteries. (Added 9-2-81)
10. Churches. (Added 9-2-81)
9. Home occupation, Class B (reference 5.2).
8. Mobile home subdivisions (reference 5.5).
Draft: 04/14/04
28
21
14. Tier III Dersonal wireless service facilities (reference 5.1.40)
13. Cemeteries. (Added 9-2-81)
12. Churches. (Added 9-2-81)
11. Home occupation, Class B (reference 5.2).
10. Hospitals.
9. Rest home, nursing home, convalescent home, orphanage or similar institution
(reference 5.1.13).
8. Mobile home subdivisions (reference 5.5).
7. Day care, child care or nursery facility (reference 5.1.6).
6. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12).
5. Private schools.
4. Swim, golf, tennis, or similar athletic facilities (reference 5.1.16).
3. Fire and rescue squad stations (reference 5.1.9).
2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2).
1. Community center (reference 5.1.4).
The following uses shall be pennitted only by special use pennit approved by the board
of supervisors pursuant to section 31.2.4:
Sec. 14.2,2 By special use permit
13. Tier I and Tier II Dersonal wireless service facilities (reference 5.1.40),
12. Stonnwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
11. Homes for developmentally disabled persons (reference 5.1.7).
10. Tourist lodgings (reference 5.1.17).
Draft: 04/14/04
29
22
11. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
10. Temporary construction uses (reference 5.1.18).
9. Accessory uses and buildings including home occupation, Class A (reference 5.2) and
storage buildings.
8. Electric, gas, oil and communication facilities, excluding tower structures and
including poles, lines, transformers, pipes, meters and related facilities for distribution
of local service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations and appurtenances owned and operated
by the Albemarle County Service Authority. Except as otherwise expressly provided,
central water supplies and central sewerage systems in conformance with Chapter 16
of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
7. (Repealed 9-2-81)
6. (Repealed 9-2-81)
5. Rental of permitted residential uses and guest cottages, provided that yard, area and
other requirements of this ordinance shall be met for each such use whether or not
such use is on an individual lay-out.
4. Cluster development of permitted residential uses.
3. Semi-detached and attached single-family dwellings such as triplexes, quadruplexes,
townhouses, atrium houses and patio houses provided that density is maintained, and
provided further that buildings are located so that each unit could be provided with a
lot meeting all other requirements for detached single-family dwellings except for
side yards at the common wall.
2. Side-by-side duplexes provided that density is maintained, and provided further that
buildings are located so that each unit could be provided with a lot meeting all other
requirements for detached single-family dwellings except for side yards at the
common wall. Other two-family dwellings shall be permitted provided density is
maintained. '
1. Detached single-family dwellings.
The following uses shall be permitted subject to requirements and limitations of this
ordinance:
Sec. 15.2.1 By right
Draft: 04/14/04
30
23
13. Cemeteries. (Added 9-2-81)
12. Churches. (Added 9-2-81)
11. Home occupation, Class B (reference 5.2).
10. Hospitals.
9. Rest home, nursing home, convalescent home, orphanage or similar institution
(reference 5.1.13).
8. Mobile home subdivisions (reference 5.5).
7. Day care, child care or nursery facility (reference 5.1.6).
6. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12).
5. Private schools.
4. Swim, golf, tennis, or similar athletic facilities (reference 5.1.16).
3. Fire and rescue squad stations (reference 5.1.9).
2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2).
1. Community center (reference 5.1.4).
The following uses shall be pennitted only by special use pennit approved by the board
of supervisors pursuant to section 31.2.4:
Sec. 15,2.2 By special use permit
15. Tier I and Tier II Dersonal wireless service facilities (reference 5.1.40),
14. Stonnwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
13. Homes for developmentally disabled persons (reference 5.1.07).
12. Tourist lodgings (reference 5.1.17).
by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
Draft: 04/14/04
31
24
11. Electric, gas, oil and communication facilities, excluding tower structures and
including poles, lines, transfonners, pipes, meters and related facilities for distribution
of local service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations and appurtenances owned and operated
by the Albemarle County Service Authority. Except as otherwise expressly provided,
central water supplies and central sewerage systems in confonnance with Chapter 16
of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
10. (Repealed 9-2-81)
9. (Repealed 9-2-81)
8. Tourist lodgings (reference 5.1.17).
7. Boarding houses.
6. Homes for developmentally disabled persons (reference 5.1.7).
5. Rental of pennitted residential uses and guest cottages; provided that yard, area and
other requirements of this ordinance shall be met for each such use whether or not
such use is on an individual lot.
4. Cluster development of pennitted residential uses.
3. Multiple-family dwellings such as garden apartments.
2. Semi-detached and attached single-family dwellings such as duplexes, triplexes,
quadraplexes, townhouses, atrium houses and patio houses provided that density is
maintained, and provided further that buildings are located so that each unit could be
provided with a lot meeting all other requirements for detached single-family
dwellings except for side yards at the common wall.
1. Detached single- family dwellings.
The following uses shall be pennitted subject to the requirements and limitations of this
ordinance:
See, 16.2.1 By right
16. Tier III Dersonal wireless service facilities (reference 5.1.40)
15. Stand alone parking and parking structures (reference 4.12, 5.1.41) (Added 2-5-03)
14. Mobile home parks (reference 5.3). (Added 3-5-86)
Draft: 04/14/04
32
25
10. Hospitals.
9. Rest home, nursing home, convalescent home, orphanage or similar institution
(reference 5.1.13).
8. Mobile home subdivisions (reference 5.5).
7. Day care, child care or nursery facility (reference 5.1.06).
6. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12).
5. Private schools.
4. Swim, golf, tennis or similar athletic facilities (reference 5.1.16).
3. Fire and rescue squad stations (reference 5.1.09).
2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
1. Community center (reference 5.1.04).
The following uses shall be permitted only by special use permit approved by the board
of supervisors pursuant to section 31.2.4:
Sec. 16.2.2 By special use permit
16. Tier I and Tier II oersonal wireless service facilities (reference 5.1.40),
15. Stormwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
14. Accessory uses and buildings including home occupation, Class A (reference 5.2) and
storage buildings.
13. Temporary construction uses (reference 5.1.18).
12. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
Draft: 04/14/04
33
26
11. Electric, gas, oil and communication facilities, excluding tower structures and
including poles, lines, transformers, pipes, meters and related facilities for distribution
of local service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations and appurtenances owned and operated
10. (Repealed 9-2-81)
9. (Repealed 9-2-81)
8. Tourist lodgings (reference 5.1.17).
7. Boarding houses.
6. Homes for developmentally disabled persons (reference 5.1.7).
5. Rental of permitted residential uses and guest cottages; provided that yard, area and
other requirements of this ordinance shall be met for each such use whether or not
such use is on an individual lot.
4. Cluster development of permitted residential uses.
2. Semi-detached and attached single-family dwellings such as duplexes, triplexes,
quadraplexes, townhouses, atrium houses and patio houses provided that density is
maintained, and provided further that buildings are located so that each unit could be
provided with a lot meeting all other requirements for detached single-family
dwellings except for side yards at the common wall.
3. Multiple-family dwellings such as garden apartments.
1. Detached single-family dwellings.
The following uses shall be permitted subject to the requirements and limitations of this
ordinance:
See, 17.2.1 By right
16. Tier III Dersonal wireless service facilities (reference 5.1.40)
15. Stand alone parking and parking structures (reference 4.12,5.1.41). (Added 2-5-03)
14. Mobile Home Parks (reference 5.3). (Added 3-5-86)
13. Cemeteries. (Added 9-2-81)
12. Churches. (Added 9-2-81)
11. Home occupation, Class B (reference 5.2).
Draft: 04/14/04
34
27
8. Mobile home subdivisions (reference 5.5).
7. Day care, child care or nursery facility (reference 5.1.06).
6. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12).
5. Private schools.
4. Swim, golf, tennis or similar athletic facilities (reference 5.1.16).
3. Fire and rescue squad stations (reference 5.1.09).
2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
1. Community center (reference 5.1.04).
The following uses shall be pennitted only by special use pennit approved by the board
of supervisors pursuant to section 31.2.4:
Sec. 17.2.2 By special use permit
16. Tier I and Tier II oersonal wireless service facilities (reference 5.1.40),
15. Stonnwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
14. Accessory uses and buildings including home occupation, Class A (reference 5.2) and
storage buildings.
13. Temporary construction uses (reference 5.1.18).
12. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
by the Albemarle County Service Authority. Except as otherwise expressly provided,
central water supplies and central sewerage systems in confonnance with Chapter 16
ofthe Code of Albemarle and all other applicable law. (Amended 5-12-93)
Draft: 04/14/04
35
28
6. Homes for developmentally disabled persons (reference 5.1.07).
5. Rental of permitted residential uses and guest cottages; provided that yard, area and
other requirements of this ordinance shall be met for each such use whether or not
such use is on an individual lot.
4. Cluster development of permitted residential uses.
3. Multiple-family dwellings such as garden apartments.
2. Semi-detached and attached single-family dwellings such as duplexes, triplexes,
quadraplexes, townhouses, atrium houses and patio houses provided that density is
maintained, and provided further that buildings are located so that each unit could be
provided with a lot meeting all other requirements for detached single-family
dwellings except for side yards at the common wall.
1. Detached single-family dwellings.
The following uses shall be permitted subject to the requirements and limitations of this
ordinance:
Sec. 18.2.1 By right
18. Tier III oersonal wireless service facilities (reference 5.1.40)
17. Mobile home parks (reference 5.3). (Added 3-5-86)
16. Stand alone parking and parking structures (reference 4.12,5.1.41). (Added 11-7-84;
Amended 2-5-03)
15. Cemeteries. (Added 9-2-81)
14. Churches. (Added 9-2-81)
13. Home occupation, Class B (reference 5.2).
12. Retail stores and shops on a single floor, compatible with the residential
characteristics of the district, with a gross floor area not exceeding four thousand
(4,000) square feet.
11. Professional offices.
10. Hospitals.
9. Rest home, nursing home, convalescent home, orphanage or similar institution
(reference 5.1.13).
Draft: 04/14/04
29
4. Swim, golf, tennis or similar athletic facilities (reference 5.1.16).
3. Fire and rescue squad stations (reference 5.1.9).
2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2).
1. Community center (reference 5.1.4).
The following uses shall be permitted only by special use permit approved by the board
of supervisors pursuant to section 31.2.4:
Sec. 18.2,2 By special use permit
16. Tier I and Tier II Dersonal wireless service facilities (reference 5.1.40).
15. Stormwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
14. Accessory uses and buildings including home occupation, Class A (reference 5.2) and
storage buildings.
13. Temporary construction uses (reference 5.1.18).
12. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
11. Electric, gas, oil and communication facilities, excluding tower structures and
including poles, lines, transformers, pipes, meters and related facilities for distribution
of local service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations and appurtenances owned ånd operated
by the Albemarle County Service Authority. Except as otherwise expressly provided,
central water supplies and central sewerage systems in conformance with Chapter 16
of the Code of Albemarle and all other applicable law.
10. (Repealed 9-2-81)
9. (Repealed 9-2-81)
8. Tourist lodgings (reference 5.1.17).
7. Boarding houses.
Draft: 04/14/04
36
30
2. Semi-detached and attached single-family dwellings such as duplexes, triplexes,
quadraplexes, townhouses, atrium houses and patio houses provided that density is
maintained, and provided further that buildings are located so that each unit could be
1. Detached single-family dwellings.
The following uses shall be permitted subject to the requirements and limitations of this
ordinance:
Sec. 19.3.1 By right
18. Tier III oersonal wireless service facilities (reference 5.1.40)
17. Mobile home parks (reference 5.3). (Added 3-5-86)
16. Stand alone parking and parking structures (reference 4.12,5.1.41). (Added 11-7-84;
Amended 2-5-03)
15. Cemeteries. (Added 9-2-81)
14. Churches. (Added 9-2-81)
13. Home occupation, Class B (reference 5.2).
12. Retail stores and shops on a single floor, compatible with the residential
characteristics of the district, with a gross floor area not exceeding four thousand
(4,000) square feet.
11. Professional offices.
10. Hospitals.
9. Rest home, nursing home, convalescent home, orphanage or similar institution
(reference 5.1.13).
8. Mobile home subdivisions (reference 5.5).
7. Day care, child care or nursery facility (reference 5.1.6).
6. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12).
5. Private schools.
Draft: 04/14/04
37
31
1. Day care, child care or nursery facility (reference 5.1.06).
The following uses shall be permitted only by special use permit, provided that no
separate application shall be required for any such use as shall be included in the original
PRD rezoning petition:
Sec. 19.3.2 By special use permit
12. Tier I and Tier II Dersonal wireless service facilities (reference 5.1.40),
11. Stormwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
10. Homes for developmentally disabled persons (reference 5.1.7).
9. Accessory uses and structures including home occupation, Class A (reference 5.2)
and storage buildings.
8. Temporary construction uses (reference 5.1.18).
7. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
6. Electric, gas, oil and communication facilities, excluding tower structures and
including poles, lines, transformers, pipes, meters and related facilities for distribution
of local service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations, and appurtenances owned and operated
by the Albemarle County Service Authority. Except as otherwise expressly provided,
central water supplies and central sewerage systems in conformance with Chapter 16
of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
5. Parks, playgrounds, community centers and noncommercial recreational and cultural
facilities such as tennis courts, swimming pools, game rooms, libraries and the like.
4. (Repealed 9-2-81)
3. Multiple-family dwellings.
provided with a lot meeting all other requirements for detached single-family
dwellings except for side yards at the common wall.
Draft: 04/14/04
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32
6. Electric, gas, oil and communication facilities, excluding tower structures and
including poles, lines, transfonners, pipes, meters and related facilities for distribution
of local service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations and appurtenances owned and operated
by the Albemarle County Service Authority. Except as otherwise expressly provided,
5. Parks, playgrounds, community centers and noncommercial recreational and cultural
facilities such as tennis courts, swimming pools, game rooms, libraries and the like.
4. (Repealed 9-2-81)
3. Multiple-family dwellings.
2. Semi-detached and attached single-family dwellings such as duplexes, triplexes,
quadraplexes, townhouses, atrium houses and patio houses provided that density is
maintained, and provided further that buildings are located so that each unit could be
provided with a lot meeting all other requirements for detached single-family
dwellings except for side yards at the common wall.
1. Detached single-family dwellings.
The following uses shall be pennitted subject to the requirements and limitations of this
ordinance:
Sec. 20.3.1 By right
10. Tier III Dersonal wireless service facilities (reference 5.1.40)
9. Professional offices. (Added 6-8-94)
8. Swim, golf, tennis or similar athletic facilities (reference 5.1.16). (Added 9-13-89)
7. Stand alone parking and parking structures (reference 4.12,5.1.41). (Added 11-7-84;
Amended 2-5-03)
6. Churches. (Added 9-2-81)
5. Home occupation, Class B (reference 5.2).
4. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; microwave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12).
3. Rest home, nursing home, convalescent home, orphanage or similar institution
(reference 5.1.13).
2. Fire and rescue squad stations (reference 5.9).
Draft: 04/14/04
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33
8. Tier III Dersonal wireless service facilities (reference 5.1.40)
7. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84;
Amended 2-5-03)
6. Churches. (Added 9-2-81)
5. Home occupation, Class B (reference 5.2).
3. Rest home, nursing home, convalescent home, orphanage or similar institution
(reference 5.1.13).
4. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12).
2. Fire and rescue squad stations (reference 5.1.09).
1. Day care, child care or nursery facility (reference 5.1.06).
The following uses shall be pennitted only by special use pennit, provided that no
separate application shall be required for any such use included in the original PUD
rezoning petition:
Sec. 20,3.2 By special use permit
12. Tier I and Tier II Dersonal wireless service facilities (reference 5.1.40),
11. Stonnwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
10. Homes for developmentally disabled persons (reference 5.1.07).
9. Accessory uses and structures including home occupation, Class A (reference 5.2)
and storage buildings.
8. Temporary construction uses (reference 5.1.18).
7. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
central water supplies and central sewerage systems in confonnance with Chapter 16
of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
Draft: 04/14/04
40
34
Sec. 22.2.1 By right
2. Outdoor storage, display and/or sales serving or associated with a by right permitted
use, if any portion of the use would be visible from a travelway.
1. Drive-through windows serving or associated with permitted uses.
b. By special use permit. The following uses are permitted by special use permit:
9. Tier I and Tier II Dersonal wireless service facilities (reference 5.1.40),
8. Homes for developmentally disabled persons, where the district includes residential
uses.
7. Tourist lodgings, where the district includes residential uses.
6. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies, public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water
and Sewer Authority.
5. Temporary construction uses.
4. Home occupation, Class A, where the district includes residential uses.
3. Accessory uses and buildings including storage buildings.
2. Electric, gas, oil and communication facilities, excluding tower structures and
including poles, lines, transformers, pipes, meters and related facilities for distribution
oflocal service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations and appurtenances owned and operated
by the Albemarle County Service Authority. Except as otherwise expressly provided,
central water supplies and central sewerage systems in conformity with Chapter 16 of
the Code of Albemarle and all other applicable law.
1. 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 delineated in subsection (b);
provided that the use is identified in the approved code of development.
a. By right uses. The following uses are permitted by right:
The following uses shall be permitted in an NMD, subject to the regulations in this section and
section 8, the approved general development plan and code of development, and the accepted
proffers:
Sec. 20A.6 Permitted uses
Draft: 04/14/04
35
41
3. Churches, cemeteries.
2. Barber, beauty shops.
1. Administrative, professional offices.
b. The following services and public establishments:
15. Retail nurseries and greenhouses.
14. Sporting goods.
13. Visual and audio appliances.
12. Photographic goods.
11. Optical goods.
10. Newsstands, magazines, pipe and tobacco shops.
9. Musical instruments.
8. Hardware store.
7. Furniture and home appliances (sales and service).
6. Food and grocery stores including such specialty shops as bakery, candy, milk
dispensary and wine and cheese shops.
5. Florist.
4. Drug store, pharmacy.
3. Department store.
2. Clothing, apparel and shoe shops.
1. Antique, gift, jewelry, notion and craft shops.
a. The following retail sales and service establishments:
The following uses shall be permitted in any C-l district subject to the requirements and
limitations of these regulations. The zoning administrator, after consultation with the
director of planning and other appropriate officials, may permit as a use by right, a use
not specifically permitted; provided that such use shall be similar to uses permitted by
right in general character and more specifically, similar in terms of locational
requirements, operational characteristics, visual impact and traffic generation. Appeals
from the zoning administrator's decision shall be as generally provided in section 34.0.
Draft: 04/14/04
42
36
22. Automobile, truck repair shop excluding body shop. (Added 6-3-81; Amended 9-
9-92)
21. Medical center.
20. Dwellings (reference 5.1.21).
19. Temporary construction uses (reference 5.1.1).
17. Electric, gas, oil and communication facilities excluding tower structures and
including poles, lines, transfonners, pipes, meters and related facilities for
distribution of local service and owned and operated by a public utility. Water
distribution and sewerage collection lines, pumping stations and appurtenances
owned and operated by the Albemarle County Service Authority. (Amended 5-2-
93)
18. Public uses and buildings including temporary or mobile facilities such as
schools, offices, parks, playgrounds and roads funded, owned or operated by
local, state or federal agencies (reference 31.2.5); public water and sewer
transmission, main or trunk lines treatment facilities, pumping stations and the
like, owned and/or operated by the Rivanna Water and Sewer Authority
(reference 31.2.5; 5.1.12). (Amended 11-1-9)
16. Automobile service stations (reference 5.1.20).
15. Tailor, seamstress.
14. Eating establishments.
13. Nurseries, day care centers (reference 5.1.06).
12. Libraries, museums.
11. Laundromat (provided that an attendant shall be on duty at all hours during
operation).
10. Laundries, dry cleaners.
9. Indoor theaters.
8. Health spas.
7. Funeral homes.
6. Fire and rescue squad stations (reference 5.1.09).
5. Financial institutions.
4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
Draft: 04/14/04
43
37
11. Uses pennitted by right, not served by public water, involving water consumption
exceeding four hundred (400) gallons per site acre per day. Uses pennitted by right,
not served by public sewer, involving anticipated discharge of sewage other than
domestic wastes. (Added 6-14-89)
10. Drive-in windows serving or associated with pennitted uses. (Added 11-7-84;
Amended 9-9-92)
9. Stand alone parking and parking structures (reference 4.12,5.1.41). (Added 11-7-84;
Amended 2-5-03)
8. Motor vehicle sales and rental in communities and the urban area as designated in the
comprehensive plan. (Added 6-1-83)
7. Hotels, motels and inns.
6. Unless such uses are otherwise provided in this section, uses pennitted in section
18.0, residential - R-15, in compliance with regulations set forth therein, and such
conditions as may be imposed pursuant to section 31.2.4.
5. Veterinary office and hospital (reference 5.1.11).
4. Fast food restaurant.
3. Hospitals.
2. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances.
1. Commercial recreation establishments including but not limited to amusement
centers, bowling alleys, pool halls and dance halls. (Amended 1-1-83)
The following uses shall be pennitted only by special use pennit approved by the board
of supervisors pursuant to section 31.2.4:
See, 22.2.2 By special use permit
27. Tier I and Tier II Dersonal wireless service facilities (reference 5.1.40),
26. Stonnwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
25. Fanners' market (reference 5.1.36). (Added 10-11-95)
24. Indoor athletic facilities. (Added 9-15-93)
Draft: 04/14/04
23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-6)
44
38
7. Electric, gas, oil and communication facilities, excluding tower structures and
including poles, lines, transfonners, pipes, meters and related facilities for distribution
of local service and owned and operated by a public utility. Water distribution and
-Sale/service of goods associated with the principal use such as, but not limited to:
musical instruments, musical scores, text books, artist's supplies and dancing shoes
and apparel.
(Added 12-3-86)
-(Repealed 3-17-82)
-Ethical phannacies, laboratories and estabishments for the production, fitting and/or
sale of optical or prosthetic appliances on sites containing medical, dental or optical
offices;
-Central reproduction and mailing services and the like;
-Data processing services;
-Establishments for the sale of office supplies and service of office equipment;
-Newsstands;
-Eating establishments;
6. Accessory uses and structures incidental to the principal uses provided herein. Such
uses in combination shall not occupy more that twenty (20) percent of the floor area
of buildings on the site. The following accessory uses shall be pennitted:
5. Libraries, museums.
4. Churches, cemeteries.
3. Financial institutions.
2. Professional offices, including medical, dental and optical.
1. Administrative and business offices.
The following uses shall be pennitted in any CO district, subject to the requirements and
limitations of these regulations:
Sec. 23,2.1 By right
14. Tier III Dersonal wireless service facilities (reference 5.1.40)
13. Animal shelter (reference 5.1.11). (Added 6-16-99).
12. Body shop. (Added 9-9-92)
Draft: 04/14/04
45
39
7. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). (Added 1-1-87)
6. School of special instruction. (Added 1-1-87)
5. Commercial uses otherwise pennitted having drive-in windows (Added 11-7-84)
4. Stand alone parking and parking structures (reference 4.12,5.1.41). (Added 11-7-84;
Amended 2-5-03)
3. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances.
2. Funeral homes.
1. Hospitals.
The following uses shall be pennitted only by special use pennit approved by the board
of supervisors pursuant to section 31.2.4:
Sec. 23.2.2 By special use permit
14. Tier I and Tier II oersonal wireless service facilities (reference 5.1.40),
13. Stonnwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-01)
12. Day care, child care or nursery facility (reference 5.1.6). (Added 9-9-92)
11. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
10. Dwellings (reference 5.1.21). (Added 3-17-82)
9. Temporary construction uses (reference 5.1.18).
8. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
sewerage collection lines, pumping stations and appurtenances owned and operated
by the Albemarle County Service Authority. Except as otherwise expressly provided,
central water supplies and central sewerage systems in confonnance with Chapter 16
of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
Draft: 04/14/04
46
40
9. Factory outlet sales - clothing and fabric.
8. Educational, technical and trade schools.
7. Convenience stores.
6. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2).
5. Churches, cemeteries.
4. Building materials sales.
3. Automobile service stations (reference 5.1.20).
2. Automobile, truck repair shops.
1. Automobile laundries.
The following uses shall be permitted in any HC district subject to the requirements and
limitations of these regulations. The zoning administrator, after consultation with the
director of planning and other appropriate officials, may permit, as a use by right, a use
not specifically permitted; provided that such use shall be similar to uses permitted by
right in general character, and more specifically, similar in terms of locational
requirements, operational characteristics, visual impact and traffic generation. Appeals
from the zoning administrator's decision shall be as generally provided in section 34.0.
Sec. 24.2,1 By right
15. Tier III Dersonal wireless service facilities (reference 5.1.40)
14. Indoor athletic facilities. (Added 9-15-93)
13. Laboratories, medical or pharmaceutical. (Added 6-10-92)
12. Research and development activities including experimental testing. (Added 6-19-
91)
11. Supporting commercial uses (reference 9.0). (Added 6-19-91)
10. Hotels, motels and inns (reference 9.0). (Added 6-19-91)
9. Unless such uses are otherwise provided in this section, uses permitted in section
18.0, residential R-15. in compliance with regulations set forth therein and such
conditions as may be imposed pursuant to section 31.2.4. (Added 6-19-91)
8. Uses permitted by right, not served by public water, involving water consumption
exceeding four hundred (400) gallons per site acre per day. Uses permitted by right,
not served by public sewer, involving anticipated discharge of sewage other than
domestic wastes. (Added 6-14-89)
Draft: 04/14/04
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47
32. Sale of major recreational equipment and vehicles.
31. Retail nurseries and greenhouses.
30. Eating establishment; fast food restaurants.
29. Office and business machines sales and service.
28. Administrative, business and professional offices.
27. Newspaper publishing.
26. New automotive parts sales.
25. Motor vehicle sales, service and rental.
24. Modular building sales.
23. Mobile home and trailer sales and service.
22. Machinery and equipment sales, service and rental.
21. Light warehousing.
20. Hotels, motels and inns.
19. (Repealed 6-3-81)
18. Hardware.
17. Home and business services such as grounds care, cleaning, extenninators,
landscaping and other repair and maintenance services.
16. Food and grocery stores including such specialty shops as bakery, candy, milk
dispensary and wine and cheese shops.
15. Furniture stores.
14. Funeral homes.
13. Fire and rescue squad stations (reference 5.1.09).
12. Fire extinguisher and security products, sales and service.
11. Financial institutions.
10. Feed and seed stores (reference 5.1.22).
Draft: 04/14/04
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2. Septic tank sales and related service.
1. Commercial recreation establishment including but not limited to amusement centers,
bowling alleys, pool halls and dance halls. (Amended 1-1-83)
The following uses shall be permitted only by special use permit approved by the board
of supervisors pursuant to section 31.2.4:
Sec. 24,2.2 By special use permit
45. Tier I and Tier II Dersonal wireless service facilities (reference 5.1.40),
44. Stormwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
43. Farmers' market (reference 5.1.36). (Added 10-11-95)
42. Indoor athletic facilities. (Added 9-15-93)
41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial, C-
1. (Added 6-19-91; Amended 9-9-92)
40. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
39. Heating oil sales and distribution (reference 5.1.20).
38. Indoor theaters.
37. Temporary construction uses (reference 5.1.18).
36. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
35. Electric, gas, oil and communication facilities excluding tower structures and
including poles, lines, transformers, pipes, meters and related facilities for distribution
oflocal service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations and appurtenances owned and operated
by the Albemarle County Service Authority. Except as otherwise expressly provided,
central water supplies and central sewerage systems in conformance with Chapter 16
of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
34. Wholesale distribution.
33. Wayside stands - vegetables and agricultural produce (reference 5.1.19).
Draft: 04/14/04
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43
2. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
1. Commercial recreational establishment included but not limited to amusement
centers, bowling alleys, pool halls and dance halls. (Amended 1-1-83)
See, 25,2,2 By special use permit
17. Tier III Dersonal wireless service facilities (reference 5.1.40),
16. Animal shelter (reference 5.1.11). (Added 6-16-99)
15. Warehouse facilities not pennitted under section 24.2.1 (reference 9.0). (Added 6-19-
91)
14. Uses pennitted by right, not served by public water, involving water consumption
exceeding four hundred (400) gallons per site acre per day. Uses pennitted by right,
not served by public sewer, involving anticipated discharge of sewage other than
domestic wastes. (Added 6-14-89)
13. Drive-in windows serving or associated with pennitted uses. (Added 11-7-84;
Amended 9-9-92)
12. Stand alone parking and parking structures (reference 4.12,5.1.41). (Added 11-7-84;
Amended 2-5-03)
11. Commercial kennels - indoor only (reference 5.1.11). (Added 1- 1-83)
10. Unless such uses are otherwise provided in this section, uses pennitted in section
18.0, residential - R-15, in compliance with regulations set forth therein, and such
conditions as may be imposed pursuant to section 31.2.4.
9. Auction houses.
8. Contractors' office and equipment storage yard.
7. Hospitals, nursing homes, convalescent homes (reference 5.1.13).
6. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers, micro-wave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12).
5. Drive-in theaters (reference 5.1.08).
4. Veterinary office and hospital (reference 5.1.11).
3. Livestock sales.
Draft: 04/14/04
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44
-Jewelry, silverware.
-Industrial controls.
-Glass products made of purchased glass.
-Gifts, novelties including pottery, figurines and similar ceramic products.
-Electrical and electronic equipment and components including radio, telephone,
computer, communication equipment, TV receiving sets, phonographs.
-Food products, such as bakery goods, dairy products, candy, beverages, including
bottling plants.
-Electrical lighting and wiring equipment.
-Drafting supplies and equipment.
-Cosmetics, including perfumes, perfumed toiletries and perfumed toilet soap.
-Business, office machines and equipment.
-Artists' supplies and equipment.
3. Manufacture, processing, fabrication, assembly, distribution of products such as but
not limited to: (Amended 12-2-81; 2- 20-91)
2. Fire and rescue squad stations (reference 5.1.9).
1. Compounding of drugs, including biological products, medical and chemical as well
as phannaceutical.
Except as otherwise limited by section 27.2.2.10, the following uses shall be pennitted in
any LI district subject to the requirements and limitations of these regulations:
(Amended 2-13-85)
Sec. 27.2.1 By right
6. Tier III Dersona1 wireless service facilities (reference 5.1.40)
5. Veterinary office and hospital (reference 5.1.11). (Added 11- 15-89)
4. Drive-in windows serving or associated with pennitted uses. (Added 11-7-84;
Amended 9-9-92)
3. Parking structures located wholly or partly above grade. (Added 11-7-84)
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12).
Draft: 04/14/04
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45
11. Electric, gas, oil and communication facilities excluding tower structures and
including poles, lines, transformers, pipes, meters and related facilities for
distribution of local service and owned and operated by a public utility. Water
distribution and sewerage collection lines, pumping stations and appurtenances
owned and operated by the Albemarle County Service Authority. Except as
otherwise expressly provided, central water supplies and central sewerage systems in
conformance with Chapter 16 of the Code of Albemarle and all other applicable
law. (Amended 5-12-93)
10. Engineering, engineering design, assembly and fabrication of machinery and
components, including such on-site accessory uses as machining, babbitting, welding
and sheet metal work and excluding such uses as drop hammering and foundry.
(Amended 10-3-01)
9. Contractor's office and equipment storage yard.
8. Assembly and fabrication of light aircraft from component parts manufactured off-
site.
7. Scientific or technical education facilities.
6. Research and development activities including experimental testing.
5. Preparation of printing plates including typesetting, etching and engraving.
4. Publishing, printing, lithography and engraving, including but not limited to
newspapers, periodicals and books.
-Wood cabinets and furniture, upholstery.
- Watches, clocks and similar timing devices.
- Toys, sporting and athletic equipment, except firearms, ammunition or fireworks.
-Surgical, medical and dental instruments and supplies.
-Small electrical parts such as coils, condensers, transformers, crystal holders.
-Rubber, metal stamps.
-Photographic equipment and supplies including processing and developing plant.
-Paper products such as die-cut paperboard and cardboard, sanitary paper products,
bags and containers.
-Musical instruments.
-Light machinery and machine parts, including electrical household appliances but
not including such things as clothes washers, dryers and refrigerators.
Draft: 04/14/04
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46
7. Truck tenninal.
6. Wholesale business not pennitted under section 27.2.1.17. (Amended 12-2-87)
5. Warehouse facilities not pennitted under section 27.2.1.17. (Amended 12-2-87)
4. Moving businesses, including storage facilities.
3. Assembly of modular building units.
2. Airport, helistop or heliport (reference 5.1.1).
1. Laboratories, medical or phannaceutical.
The following uses shall be pennitted only by special use pennit approved by the board
of supervisors pursuant to section 31.2.4:
Sec. 27.2.2 By special use permit
(§ 27.2.1, 12-10-80, 12-2-81,2-13-85,4-17-85,3-5-86, 12-2-87, 11-1-89,5-12-93; Ord. 01-
18(6), 10-3-01; Ord. 02-18(6), 10-9-02)
19. Tier I and Tier II Dersonal wireless service facilities (reference 5.1.40),
18. Stonnwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
17. Warehouse facilities and wholesale businesses not involving storage of gasoline,
kerosene or other volatile materials; dynamite blasting caps and other explosives;
pesticides and poisons; and other such materials which could be hazardous to life in
the event of accident. (Added 12-2-87)
16. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
15. Dwellings (reference 5.1.21). (Added 4-17-85)
14. Business and professional office buildings.
13. Temporary construction uses (reference 5.1.18).
12. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
Draft: 04/14/04
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47
8. Manufacture of building components.
7. Manufacture of heavy household, commercial and industrial appliances.
6. Machine shops, tool and die, blacksmithing, boiler shops and similar operations.
5. Fire and rescue squad stations (reference 5.1.09).
4. Dry-cleaning plants.
3. Concrete mixing plant, storage, distribution.
2. Brick manufacturing, distribution.
1. Automotive, fann and construction and machinery products assembly.
Except as otherwise limited by section 28.2.2.14, the following uses shall be pennitted in
any HI district subject to the requirements and limitations of these regulations:
(Amended 2-13-85)
See, 28,2,1 By right
17. Tier III Dersonal wireless service facilities (reference 5.1.40)
16. Stand alone parking and parking structures (reference 4.12,5.1.41). (Added 2-5-03)
15. Indoor athletic facilities. (Added 9-15-93)
14. Supporting commercial uses (reference 9.0). (Added 6-19-91)
13. Uses listed under section 27.2.1 with subordinate retail sales exceeding fifteen (15)
percent of the floor area of the main use. (Added 2-20-91)
12. Towing and storage of motor vehicles (reference 5.1.32). (Added 6-6-90)
11. Body shops (reference 5.1.31). (Added 12-7-88)
10. Uses pennitted by right, not served by public water, involving water consumption
exceeding four hundred (400) gallons per site acre per day. Uses pennitted by right,
not served by public sewer, involving anticipated discharge of sewage other than
domestic wastes. (Added 2-13-85)
9. Temporary events sponsored by local nonprofit organizations (reference 5.1.27).
(Added 7-7-82)
8. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; micro- wave and radio-wave transmission and relay towers,
substations and appurtenances.
Draft: 04/14/04
5'1
48
25. Tier I and Tier II nersonal wireless service facilities (reference 5.1.40),
24. Stormwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
22. Temporary construction uses (reference 5.1.18).
21. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or
trunk lines, treatment facilities, pumping stations and the like, owned and/or operated
by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-
1-89)
20. Electric, gas, oil and communication facilities excluding tower structures and
including poles, lines, transformers, pipes, meters and related facilities for distribution
of local service and owned and operated by a public utility. Water distribution and
sewerage collection lines, pumping stations and appurtenances owned and operated
by the Albemarle County Service Authority. (Amended 5-12-93)
19. Contractor's office and equipment storage yards.
18. Warehouse facilities.
17. Veterinary or dog/cat hospitals, indoor accessory kennels (reference 5.1.11).
16. Sawmills (reference 5.1.15), planing mills, wood preserving operations, woodyards.
15. Recreational vehicle and components manufacturing, distribution.
14. Petroleum, gasoline, natural gas and manufactured gas bulk storage (reference
5.1.20).
13. Moving businesses, including storage facilities.
12. Mobile home manufacturing, distribution.
11. Metal fabrication and welding operations.
10. Manufacture and recycling of tires.
9. Manufacture, distribution, service of individual sewage disposal systems.
Draft: 04/14/04
55
49
18. Tier III Dersonal wireless service facilities (reference 5.1.40)
17. Stand alone parking and parking structures (reference 4.12,5.1.41). (Added 2-5-03)
16. Supporting commercial uses (reference 9.0). (Added 6-19-91)
15. Motorcycle and off-road recreation vehicles sale and service. (Added 10-15-86)
14. Uses pennitted by right, not served by public water, involving water consumption
exceeding four hundred (400) gallons per site acre per day. Uses pennitted by right,
not served by public sewer, involving anticipated discharge of sewage other than
domestic wastes. (Added 2-13-85)
13. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; micro- wave and radio-wave transmission and relay towers;
substations and appurtenances (reference 5.1.12).
12. Storage yards not elsewhere classified, excluding storage of nuclear products, by-
products or wastes.
11. Pulp, paper manufacture or processing.
10. Petroleum refining, including by-products (reference 5.1.20).
9. Kennels for boarding of domestic pets (reference 5.1.11).
8. Junk yards, screened (reference 5.1.10).
7. Food processing plants such as meat, poultry and fish processing and packing and
rendering plants.
6. Fertilizer manufacture or processing.
5. Chemical, plastics manufacture or processing.
4. Cement, lime gypsum manufacture or processing.
3. Asphalt mixing plants.
2. Airport, helistop or heliport (reference 5.1.01).
1. Abattoirs.
The following uses shall be pennitted only by special use pennit approved by the board
of supervisors pursuant to section 31.2.4:
Sec. 28.2.2 By special use permit
Draft: 04/14/04
5G
50
(Ord. 98-18(2); 9-16-98)
d. The project will use natural materials such as rock and vegetation, and will not
use engineered structures such as those identified in section 30.3.05.2.1(5).
8. Tier I and Tier II oersonal wireless service facilities (reference 5.1.40),
c. No natural streams will be relocated; and
b. The amount of fill material placed within the floodway, floodway fringe or
approximated flood plain does not exceed the amount of cut material removed
from the same floodway, floodway fringe or approximated flood plain in
which the fill was placed;
a. The purpose which will be served by the project, as determined by the
department of engineering and public works, is either flood control or
environmental restoration;
7. Ifparagraphs (a) through (d) are each satisfied, projects which: (i) are designed or
directed by the county, a soil and water conservation district, or a public agency
authorized to carry out flood control or environmental restoration measures; or (ii) are
reviewed and approved by the department of engineering and public works in
accordance with the water protection ordinance.
6. Water distribution and sewage collection lines and appurtenances owned and operated
by the Albemarle County Service Authority, but excluding pumping stations and
holding ponds. (Added 7-1-81)
5. Electric, gas, oil and communications facilities, including poles, lines, pipes, meters
and related facilities for distribution of local service and owned and operated by a
public utility, but excluding tower structures. (Added 7-1- 81) (Amended 5-12-93)
4. Fences.
3. Flood warning aids and devices, water monitoring devices and the like.
2. Recreational uses (excluding structures of any kind and uses involving human
habitation) such as parks; swimming areas, golf courses and driving ranges; picnic
grounds; wildlife and nature preserves; game farms; fish hatcheries; shooting
preserves; target, trap and skeet ranges; hunting, fishing and hiking areas; athletic
fields; and horse show grounds.
The following uses or activities are authorized within the floodway as a matter of right:
1. Agricultural uses, excluding structures of any kind, limited to field crops, pasture,
grazing, livestock, raising poultry, horticulture, viticulture and forestry.
Sec. 30.3.05.1.1 By right within the ßoodway
Draft: 04/14/04
57
51
Mr. Bowennan
Mr. Boyd
Mr. Dorrier
Mr. Rooker
Ms. Thomas
Mr. Wyant
Aye Nay
Clerk, Board of County Supervisors
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
(Ord. 98-18(2); 9-16-98)
7. Tier III nersonal wireless service facilities (reference 5.1.40)
6. Hydroelectric power generation (reference 5.1.26).(Added 4-28-82)
5. Engineered structures including, but not limited to, retaining walls and revetments
made of non-natural materials such as concrete, and gabion baskets, which are
constructed along channels or watercourses for the purpose of water conveyance or
flood control.
4. Pump stations for water or wastewater including power supply and control devices,
holding ponds and other appurtenances.
3. Sod fanning, topsoil, sand and gravel removal.
2. Water related uses such as boat docks, canoe liveries, bridges, ferries, culverts and
river crossings of transmission lines of all types.
1. Dams, levees and other structures for water supply and flood control.
The following uses or activities are authorized within the floodway by special use pennit:
Sec. 30,3.05.2.1 By special use permit within the ßoodway
Draft: 04/14/04
58
Please consider removing from the definition of Avoidance Area "any location within 200
feet of an existing or appro\'ed personal wireless service tàcility" as this will be a significant
detriment to the provision of wireless service and may also be counter productive to Staffs
objective of minimizing visibility. It will be a significant detriment because the first carrier
essentially establishes the pattern for coverage by setting towers 3 miles apart, generally on
the highest point. It seems more efficient and less detrimental to allow subsequent carriers
to follow that pattern and locate poles in proximity to existing poles. Doing so will avoid
multiple access driveways and multiple clearings for utilities. If a second tower can be
located in close proximity to an existing tower without increasing visibility, this would not
only serve the wireless provider's goal, but would also serve the County's goal. In other
SECTION 3.1 DEFINITIONS
Avoidance Area
I offer the comments belO\\¡' with the hope that you will incorporate them into the ZT A in
order to facilitate the provision of wireless services to citizens of Albemarle County:
I represent ALL TEL Communications, Inc. and have reviewed the Staff s proposal regarding
the Personal Wireless Service Facilities Zoning Text Amendment and would like to share with you
some comments and observations in response to Staffs proposal. ALL TEL appreciates the
opportunity to be involved in this process. The true beneficiaries of a wireless zoning ordinance
which makes reasonable accommodations for the provision of wireless service will be the citizens
of Albemarle County. It is now clear beyond any doubt that wireless communication devices have
become part of the daily life of many of our citizens. It is equally apparent that strategically placed
antennas (whether on existing or new structures) are essential to provide this service to our citizens.
Dear Planning Commission Members:
RE: ZT A 03-02 Personal Wireless Service Facilities Phase II
Albemarle County Planning Commission
Department of Planning & Comm. Dev.
County Office Building
401 McIntire Road
Charlottesville, VA 22902
February 24, 2004
RETIRED
LLOYD T. SMITH, JR.
E. GERJ\LO TREMBLAY
1922-2003
JOHN K. TAGGART, III
M.E. GIBSON, JR.
THOMAS E. ALBRO
PATRICIA D. MCGRAW
R. LEE liVINGSTON
RACHEL L. RUST
105-109 E. HIGH STREET
Telephone (434)977-4455
Facsimile (434)0/9-1 '221
TRACEY C. HOPPER
PETER J. CARAMANIS
LAW OFFICES
TREMBLAY & SMITH, LLP
P.O. BOX 1585
CHARLOTTESVILLE, VIRGINIA 22902-1585
- ---------
ATTACHMENT B
~~~
-
58
Section 5.1.40. b. 2. Exemptions from Reeulations Otherwise Applicable.
. This section provides that the facility may not be located closer in distance than the height
of the tower unless the applicant obtains an easement from the adjoining property owner
(except VDOT). Most landowners prefer to have towers located in a comer of their property
or along a lot line in order to preserve their use of the remaining land. All steel monopoles
are designed to collapse onto themselves within a relatively tight radius (15' for an 80' steel
SECTION 5.1.40 PERSONAL WIRELESS SERVICES FACILITIES
Section 5.1.40.a. 4.(a) Ofr.....~ :S I Y-
This section requires a scaled plan showing the location and dimensions of all existing and
--
proposed improvements on the parcel. This seems to be both unnecessary and onerous,
especially on a large parcel where there may be numerous structures which are irrelevant to
the proposed facility. We request that this requirement be limited to the fall zone to avoid
work and expense which are unnecessary to the evaluation of the application.
Please clarify that 10 feet taller than the crown of the tallest tree within 25 feet means 10 feet.
We have had situations in the past where 10 feet does not mean 10 feet. I suggest deleting
the language "no more than" to make this clear.
Treetop Facility,
Subsection (ii) appears to exclude "flagpole". Where do flagpoles fit in? In am reading this
correctly, a flagpole would be a Tier III facility(ánd this would not seem appropriate. It
would seem appropriate that flagpoles be a Tier I facility, and we request that consideration
be given to this.
Tier I Personal Wireless Service Facility or Tier I Facility.
· Please add at the beginning of subparagraph (iii) the following: "is located".
/
· We request that the definition of Avoidance Area not include "any location within 200 feet
of any state scenic highway or byway; any location within 200 feet of any state scenic river;
any location within 200 feet of any national park or national forest." Especially in the case
of a highway, it may be possible to site a treetop tower closer to the road and create less of
a visual impact than would be the case ifit were more than 200 feet from the road. Example,
the access driveway would be shorter and therefore potentially involve less tree removal, as
would the utility easement. Here again, if the other criteria for treetop facility are met, why
should it matter if the facility is within 200 feet of a scenic highway, scenic river, national
park or national forest. If visibility is the guiding principle, why impose other restrictive
criteria where visibility would not even be an issue.
words, if all of the Tier II criteria can be met, what difference does it make if a new tower
will be sited in close proximity to an existing tower.
ATTACHMENT B
i7
TREMBL<\Y & SMITH, L.LP
Page 2
February 24, 2004
Albemarle County Planning Commission
60
Section 5.1.40. c. 4 Tree Conservation Area.
We appreciate Staff reducing the Tree Conservation Area from a radius of 200 feet to a
radius of 100 feet; however, we still question the wisdom of having a blanket conservation
area in cases where trees in a certain area are not even used as screening for the tower. An
example will be where a tower is sited on the side of a hill. The trees on the lower side
Subparagraph 3 limits the size of an antenna to 96 inches in height and 12 inches in width.
The width requirement is too narrow for ALL TEL's antennas. ALL TEL is looking at
antennas that are 4 feet high and 2 feet wide forthe Fontaine project. I therefore request that
the antenna size limit be expressed in square inches, rather than height and width dimensions.
I suggest that the limit be 1,152 square inches (12" x 96"). Once again, these antennas wili
be painted to blend into the building, so neither the size nor the dimensions would seem to
be a factor.
Subparagraph 3 uses the term "arrays of antennas". I think this needs clarification. For
example, a PCS provider may require three antennas to provide the requisite coverage
whereas ALL TEL, for example, may require six antennas for the same purpose (3 send; 3
receive). ALL TEL is currently working on an application at the Fontaine Research Park
where this is the case.
/
V
Subparagraph 3 limits the total number of "arrays of antennas" attached to existing structure
to 3. First, I question the need to limit the number of arrays to 3. If, again, visibility is the
guiding light, and if all criteria are met, the antennas will not be visible, regardless of the
numbers of arrays. I submit that it is far more reasonable to use an existing structure such
as a building and attach to it an unlimited number of non visible antennas than to build a new
tower in close proximity to an existing building. I therefore recommend there be no limit to
the number of antennas on an existing structure.
Section 5.1.40. c. Tier I Facilities.
· We request that a time for the review and approval process for a Tier I facility be specified.
We would propose that a provision be added to the ZT A to the effect that if a Tier I facility
is not approved by the agent within 60 days of the date of the application then it shall be V
deemed approved without further action by the County.
monopole). Most adjacent property owners are not going to be willing to grant an easement,
in many cases, because they 'would prefer to have the tower on their property to be able to
obtain rent payments. These factors combine to further reduce the ability of wireless carriers
to provide service. I propose that this section be expanded to allow a reduction of the fall
zone to the actual tower fall zone, conditioned on the applicant producing a letter from a
licensed engineer certifying that the tower will collapse within a specific radius which is less
than the height of the tower, This will accomplish the County's goal and will also
accomplish the wireless service provider's goal.
Page 3
February 24, 2004
Albemarle County Planning Commission
ATTACHMENT B
7/
61
28\C:\MyFiles\DA TA.lAlltellAlbemarle PC members 382. wpd
MEG/sp
CC: Stephen B. Waller
Jan Sprinkle
Greg Kampner
ALL TEL Communications, Inc.
Larry Bickings
M. E. (Dick) Gibson, Jr.
~('uL
Very truly yours,
ALL TEL appreciates consideration of these comments and appreciates the opportunity to be
involved in the process.
I think it would be helpful if Staff could provide examples of existing towers that meet the
Tier II criteria, and perhaps examples of those which do not.
Section 5.1.40.d. Tier II Facilities.
Section 5.1.40.d.2 provides that a facility shall be sited to minimize its visibility from
adjacent parcels and streets, regardless of their distance from the facility. This is vague and
is subject to multiple interpretations. If all of the other criteria are met, I submit that this
provision is unnecessary, and will only lead to confusion, rather than clarification. I
therefore ask that this be deleted.
Section 5.1.40.c.6 (Tower Removal Bond)
This section provides that the agent "may" require security for the removal of a tower. What
are the criteria for this determination?
would not screen the tower, and there would be no need to have them included in the Tree
Conservation Area. An arbitrary tree conservation radius in essence requires a setback
greater than one to one if the to\vcr is less than 100 feet, which many treetop towers are.
Easements will be difficult to obtain from adjoining landowners. I would therefore suggest
that this be changed from 100 feet to within the fall zone, i.e., within a circle surrounding the
tower with a radius equal to the tower height. The agent would still have authority based on
the last sentence to include a larger area where needed.
Page 4
February 24, 2004
Albemarle County Planning Commission
" ~.,
ATTACHMENT B
/'
4/1412004
62
6) Obtaining photographs from an adjacent property - what if the
adjacent property owner is opposed to the request and does not want
5) Why couldn't there be an exception for the 200' from another
tower site (Avoidance Area) if all carriers were working with the
same property/owner on locating treetop facilities on the same
property and all went to obtain their approval at the same time?
4) Page 9, #7 - Mr. Rielly made comment about cables being on
back side of pole or not on road side - need clarity with this issue.
3) I think that the surety issue (Page 8, # 6) needs to be looked
at again. There needs to be some criteria for requiring surety.
2) Since we all don't have copies of the Comprehensive Plan,
could the Ridge Area map be incorporated into the Telecommunications
Ordinance?
1) Regarding Mr. Rielly's comments about allowing wood poles only
for Treetop Facilities - it is true that NTELOS set the precedent
with wood pole installation. However, over the years, we have found
several problems with wood poles. Over time, they warp and twist.
In one case, we had one wood pole that warped so much that the
antenna on one side had up tilt on it instead of the required down
tilt. Wood poles, as we are now finding, are hard to modify.
Extensions don't currently exist, thereby making full replacements
necessary. Also, there is the problem of woodpecker damage. I am
attaching a picture of one site where we currently have been
experiencing woodpecker damage. As you can see from the picture, the
damage caused by the woodpeckers can cause major structural issues. I
believe it was the consensus of the PC that any of the three (wood,
metal or concrete) would be fine, but just wanted to point out some
issues with the wood poles just in case you wanted to require only
wood poles. I think that it would be a mistake to require only wood.
Wanted to get back with you on a few comments regarding last
Tuesday's worksession:
Jan and Stephen,
From: Balser, Debbie [balserd@ntelos.com]
Sent: Friday, March 05, 2004 3:31 PM
To: Jan Sprinkle (sprinkle@albemarle.org); 'Stephen Waller'
Subject: More Information
Importance: High
Stephen Waller
Page 1 of2
ATTACHMENT 8
More Information
4/14/2004
6 :}
Fax - 540-932-2210
Cell - 540-241-3222
Office - 540-946-1851
NTELOS
Site Acquisition Manager, Virginia West Region
Debbie Balser
«MVC-001 F.JPG»
There are other issues, but I believe that Mr. Gibson at Tremblay and
Smith has already addressed a number of those. Thanks for the
opportunity to comment on these issues. Please notify me of the date
of the PC hearing. Debbie
you on the property, or if the adjacent property owner just doesn't
want to be involved? Need options in this section if these things
occur.
ATTACHMENT B Page 2 of2
More Information
David P. Bowerman
Rio
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mcintire Road
Charlottesville, Virginia 22902-4596
(434) 296-5843 FAX (434) 296-5800
Kenneth C. Boyd
Rivanna
Lindsay G. Dorrier, Jr.
Scoltsville
July 16, 2004
Mr. Peter Maillet
306 Ednam Drive
Charlottesville, Virginia 22903
Dear Mr. Maillet:
~
At the Board of Supervisors meeting held on July 14,2004, the Board appointed
you as a member of the Fiscal Impact Advisory Committee. This term will run from July
8,2004, through July 8, 2006. I have attached a roster for your convenience.
On behalf of the Board, I would like to take this opportunity to express the
Board's appreciation for your willingness to serve the County in this capacity.
Sincerely,
I· 1ft ¡
.,..- '" !;I
- - 1
.' ~ V"~
CdSay b. Domer, Jr. .
Chairman
LGD, Jr./len
cc: Roxanne White
James L. Camblos
Lany Davis
*
Printed on recycled paper
Dennis S. Rooker
Jack Jouett
Sally H. Thomas
Samuel Miller
David C. Wyant
White Hali
...
Diane Mullins
Page 1 of2
From: peter.maillet@earthlink.net
Sent: Monday, July 12, 2004 10:37 AM
To: ecarey@albemarle.org
Cc: dmullins@albemarle.org
Subject: Board/Commission/Committee Application
Application Information
Date of this 07/12/2004
Application:
Board/Commission/
Committee Applied for: Fiscal Impact Advisory Committee
Magisterial District: Samuel Miller
Applicant Name:
Address:
Home Telephone:
Email Address:
Peter Maillet
306 Ednam Drive
Charlottesville, V A 22903
(434) 295-7208
pç:tç:r. mªillet@eªrthlink.net
Employer:
Business Address:
Work Telephone:
OccupationffitIe:
Date of Employment:
part-time UVa Visiting Professor of Finance/self-employed business
consultant
306 Ednarn Drive
Charlottesville, V A 22903
(434) 295-7202
Visiting Professor/self-employed
01/2004
Years Resident in
Albemarle County:
Previous Residence:
Spouse:
Number of Children:
2
44 Grace Court Brooklyn, New York 11201
Elizabeth
3
Education:
B.A. Political Science (Stanford University)
Memberships:
7/12/2004
1983 M.S. Industrial Engineering (Stanford University)
1983
Charlottesville Venture Group (member)
Interests:
Reason to Serve:
Page 2 of2
St. Annes-Belfield Foundation Board (current President) Sunday school
teacher (2003 - 2004 St. Pauls Church)
The Fiscal Impact Advisory Committee plays a critical role in ensuring that
the countys fiscal impact model contributes to positive decision-making by
our county officials. Given the long-term importance of many of these
decisions, I hope to serve the committee by making sure that the model and
its various applications are as sound and thoughtful as they can possibly be.
My 20 years of experience in business has ranged from investment banking
throughout the United States and Asia, senior management both as a Chief
Operating Officer and co-head of Technology of a large division of a Fortune
500 company, extensive financial analysis and business consulting. In most
of these roles I have either written and/or used financial models extensively. I
believe my skills and experience would bring a valuable perspective to the
Committee and help me to make a significant contribution. If asked to serve,
this would be my first opportunity to participate in local government since
moving to Albemarle County two years ago with my wife and three children.
We are thrilled to be a part of this community and it would be an honor to
serve the Board and our citizens in this way. Please feel free to contact me if
you have any questions or need additional information. Respectfully
submitted. Peter A. Maillet
SIGNATURE REQUIRED:
Peter Maillet
DATE SIGNED:
7/1212004
,
lÞ.RRY W. DAVIS
COUNTY ATIORNEY
COUNTY OF ALBEMARLE
Office of County Attorney
401 McIntire Road
Charlottesville, Virginia 22902-4596
MARK A. THANK
DEPIJTY COUNTY ATIORNEY
PHONE (434) 972-4067
FAX (434) 972-4068
GREG KAMPTNER
ANDREW H. HERRICK
ASSISTANT COUNTY ATIORNEYS
July 15,2004
S. Craig Brown
Charlottesville City Attorney
P.O. Box 911
Charlottesville, VA 22902
Re: Agreement for the Purchase of Hedgerow Properties
Dear Craig:
Enclosed please find two executed originals of the City of Charlottesville/County of Albemarle
Intergovernmental Agreement Regarding the Joint Purchase/Ownership of Real Estate in regard to the
joint acquisition of the Hedgerow properties. This is the Agreement that the Board of Supervisors requires
to move forward with this purchase.
Upon approval by City Council, please return an executed copy of this Agreement along with the
original Purchase Agreement for the Hedgerow properties. It is my understanding that City Council will
be taking final action on these matters on July 19th and that the Purchase Agreement is required to be
executed no later than July 20th. The Board of Supervisors has authorized the County Executive to
execute the Purchase Agreement on its behalf upon execution by the City of the Intergovernmenal
Agreement and a finding that the contingent investigations of the properties do not reveal substantial
issues that cannot be reasonably resolved.
I appreciate your assistance in these matters.
Sincerely,
~s
Cou~~:~ey
L WD:md
encl
cc:/R-obert W. Tucker, Jr.
RECEIVED
JUL 1 5 2004
County of ^!bemarle
County Executive's Office
bee: Thomas C. Foley
Roxanne W. White
CITY OF CHARLOTTESVILLE/COUNTY OF ALBEMARLE
INTERGOVERNMENTAL AGREEMENT REGARDING THE
JOINT PURCHASE/OWNERSHIP OF REAL EST ATE
THIS AGREEMENT is entered into this _ day of , 2004 by and
between the CITY OF CHARLOTTESVILLE, VIRGINIA, a Virginia municipal corporation
(the "City") and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the
Commonwealth of Virginia (the "County")Gointly the "parties").
WITNESS:
WHEREAS, the parties have agreed to purchase certain property, located in the City of
Charlottesville and more particularly described in the attached Exhibit A, to be utilized in
connection with the operation of Court Facilities by the City and County (the "Property") and for
other purposes which may be agreed to by the parties;
NOW, THEREFORE, in consideration of the mutual premises and covenants contained
herein, and as authorized by the J&DR Court Agreement, the parties hereby agree as follows:
1. The costs of acquisition of the Property shall be shared equally by the City and County,
including the purchase price and any closing costs or fees associated with the purchase,
provided that the party procuring any services or incurring such expense shall provide to
the non-procuring party an estimate or statement of such expense in advance for the prior
review and approval of said non-procuring party.
2. All revenues generated each year by the use of the Property, including but not limited to
revenue from parking and other leases of the Property by third parties, shall be allocated
as provided in this paragraph. The following shall be deducted from annual gross
revenues: (a) With respect to any portions of the Property devoted to non-governmental
uses, City real estate taxes that are not otherwise the responsibility of a Tenant under a
written lease agreement, and (b) any Expenses referenced in Section 3, below, that are
required to be shared equally by the parties. The term "Net Revenues" shall refer to the
revenues remaining after deduction of the items referenced in (a) and (b) from annual
gross revenues. For the purposes of this section, the term "real estate taxes" shall mean
and refer to real estate taxes lawfully assessed and required to be paid pursuant to
Virginia Code § 58.1-3203 or §58.1-3603. Any future lease(s) of the Property, or any
portion thereof, to a taxable third party shall require the tenant to pay any applicable real
estate taxes on the leasehold interest or to reimburse the parties hereto for any taxes paid
pursuant to Virginia Code §58.1-3603. On or before July 15 of each year, each party
shall receive an amount equal to one-half of Net Revenues, less and except any Expenses
for which that party is individually or otherwise responsible under Section 3, below.
3. Capital and operational costs, including, without limitation: maintenance, insurance,
utilities, property management services, etc. (individually and collectively, "Expenses")
shall be allocated as follows:
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a. Each party shall be individually responsible for Expenses attributable to any
portion of the Property used or occupied solely by itself, its officers, officials,
employees, or agencies.
b. The parties shall share Expenses attributable to any portion of the Property used
or occupied for joint public purposes, in proportion to each party's level of
participation in or utilization of such purposes, as determined by the parties at the
time such joint use is undertaken (except that, with respect to those portions of the
Property being used/occupied for joint JDR Court purposes as of July 1, 2004, the
parties shall share Expenses equally), provided that by mutual written agreement
subsequent to the date of this document the parties may agree to alternate cost-
sharing proportions;
c. The parties shall share equally all Expenses attributable to any portion of the
Property used or occupied by a third party to the extent such Expenses are not the
responsibility of such third party under a written lease agreement.
d. The parties shall share equally all Expenses attributable to any portion of the
Property that is vacant/unoccupied.
4. The Property shall be titled jointly in the names of the City and County. The parties may,
by mutual agreement, lease the Property, or any portion thereof, to a third party. Except
as provided in this section or in Section 6, below, neither party may sell, exchange, lease
as lessor, mortgage, pledge, subordinate interest in or otherwise dispose of its interest in
the Property, or any portion thereof, without the advance written consent of the other.
5. Any use of the Property shall be mutually agreed to by the parties. In the event of a
dispute between the parties as to the appropriate uses of the Property, the parties agree to
use all reasonable efforts to resolve the dispute. However, if the parties are unable to
resolve such dispute, one or both parties may dispose of its/their interest, pursuant to the
procedures set forth in Section 6, below.
6. In the event that either party wishes to dispose of its interest in the Property, the parties
will jointly select and retain a professional real estate appraiser to determine the fair
market value of the Property. The party being offered to purchase (the "receiving party")
shall have sixty (60) days ITom the receipt of said appraisal to enter into an agreement to
purchase the initiating party's interest in the Property at the fair market value set by the
independent appraisal. If the receiving party does not exercise its option to purchase the
initiating party's interest within the prescribed period or affirmatively waives said option,
the initiating party shall have an additional thirty (30) days to enter into an agreement to
purchase the receiving party's interest in the Property at the fair market value set by the
independent appraisal. In the event that neither party chooses to purchase the interest of
the other party, at the request of either party, the parties shall offer the undivided
Property, or any undivided parcel thereof, for sale at the fair market value determined by
the independent appraiser. A third-party offer to purchase the Property at or above said
appraised fair market value shall not be unreasonably refused. All terms and conditions
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of a proposed sale to a third party shall be subject to the prior approval of the governing
bodies of the City and County.
a. In the event of a sale of any interest in the Property by one party to the other
under this section, each party shall bear its own costs and expenses associated
with such sale, except for the cost of the independent appraisal.
b. In the event of a sale of any interest in the Property to a third party, the parties
shall share equally all costs and expenses associated with such sale.
7. At any time, by mutual agreement, the parties may sell the Property to a third party. In
the event the parties mutually agree to sell their respective interests in the Property to one
or more third parties, the City and County shall each receive one-half of the net proceeds
of the sale.
8. The City shall serve as the Fiscal Agent for the parties under this Agreement, and shall be
entitled to a fee for this service, in an amount equal to two percent (2%) of Annual Gross
Revenues from the Property. The City shall maintain accurate books and records of
revenues and expenses attributable to the Property, and shall provide a comprehensive
annual financial report (CAFR) to the County.
9. Liability for damages to third parties arising out of the parties' ownership, use, or
occupancy of the Property (except with respect to any portion of the Property used or
occupied solely by one of the parties, its officers, officials, employees, agencies, etc.)
shall be shared jointly, to the extent not covered by insurance proceeds, and only to the
extent that the City and County could each be held liable for such damages under the
laws of the Commonwealth of Virginia.
WHEREFORE, the parties hereto have executed this Addendum, as authorized by their
respective governing bodies, as of the day and year set forth above.
Y OF ALBEMARLE
CITY OF CHARLOTTESVILLE
Gary O'Connell, City Manager
Approved as to form:
Approved as to form:
City Attorney or his designee
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EXIllBIT A
PROPERTY DESCRIPTION
Parcel One (Charlottesville TMP 530108000)(Levv Opera House Parking Lot): All that certain
lot or parcel of land situated in the City of Charlottesville, Virginia, fronting 59.94 feet on the east
side of Park Street and extending back between parallel lines for a distance of 112.57 feet, together
with and as an appurtenance thereto a perpetual easement and right of way, for all purposes of
passage, from the rear of the lot hereby conveyed to East Jefferson Street, over a strip of land ten
(10) feet wide across the eastern end of the property of the Redland Club adjoining the lot hereby
conveyed, said lot and right of way shown more particularly on a plat showing physical survey of
Parcel 108, Tax Map 53 made by Gary M. Whelan, Land Surveyor, dated August 18, 1993 and
recorded in the Clerk's Office of the Circuit Court of the City of Charlottesville, Virginia in Deed
Book 610, page 726; Being the same property conveyed to Hedgerow Corporation, a Virginia
corporation, by deed of Janice Dey Paxson dated August 27, 1993 and recorded in the Clerk's
Office aforesaid in Deed Book 610, page 724.
Parcel Two (Charlottesville TMP 530109000 and 530111000)(Levv Opera House. located at 350
Park Street. and Jessup House. located at 614 East High Street): The following described property
situated in the City of Charlottesville, Virginia:
(A) All that certain lot or parcel of land fronting 96 feet on the south side of East High
Street, known as 610 East High Street, running back between parallel lines a distance of 151-1/2
feet to Jefferson Street as shown on plat dated January 14, 1907 recorded in the Clerk's Office for
the Circuit Court for said City in Deed Book 19, page 171;
(B) All that certain lot or parcel of land at the intersection of High Street and Seventh Street,
N.E., fronting 65 feet on the south side of East High Street, known as 614 East High Street, running
back between parallel lines a distance of 151-112 feet to Jefferson Street, on the west side of Seventh
Street, N.E.;
(C) All that certain lot or parcel of land at the intersection of Park and High Streets, fronting
56 feet on the east side of Park Street, known as 350 Park Street and extending in an easterly
direction between parallel lines a distance of 112 feet;
Being the same property conveyed to Hedgerow Corporation, a Virginia corporation, by
deed of Perry Foundation, Incorporated, a Virginia corporation, dated February 24, 1981 and
recorded in the Clerk's Office aforesaid in Deed Book 418, page 323.
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EXHIBIT A (Pae:e 2)
PROPERTY DESCRIPTION
Parcel Three (Charlottesville TMP 530159000 (701 East Market Street; Parking Lot. 7th/Market
Streets): All that certain lot or parcel of land, with the improvements thereon and appurtenances
thereto pertaining, situated in the City of Charlottesville, Virginia, ITonting on Market Street and
Seventh Street, N.E., and running back to Eighth Street, N.E., as shown on plat of the Engineering
Department of City of Charlottesville, dated February 16, 1959, recorded in the Clerk's Office of
the Circuit Court of the City of Charlottesville, Virginia, in Deed Book 211, page 173, more
commonly known as 701 East Market Street, Charlottesville, Virginia; Being the same property
conveyed to Hedgerow Corporation, a Virginia corporation, by deed of East Market Street, Inc., a
Virginia corporation, dated April 24, 1992 and recorded in the Clerk's Office aforesaid in Deed
Book 579, page 340.
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