2009-12-02
B OARD OF SUPERVISORS
T E N T A T I V E
DECEMBER 2, 2009
9:00 A.M. A UDITORIUM
C OUNTY OFFICE BUILDIN G
1. C all to Order.
2. Pledge of Allegiance.
3. Moment of Silence.
4. Recognitions:
a. VML Go Green Virginia Award.
b. Proclamation in Support of C ensus 2010.
5. From the Board: Matters Not Lis ted on the Agenda.
6. From the Public: Matters Not Listed for Public Hearing on the Agenda.
7. Consent Agenda (on next sheet).
9:45 a.m. Public Hearings:
8. Ordinance Approving U.S. Route 29 and Hydraulic Road Official Map. Ordinance approving an official
map under Virginia Code § 15.22233 et seq., depicting the res pective locations , centerlines , existing right
ofw ay widths , and future rightofway widths of the legally es tablished segment of U.S. R oute 29 abutting
C ounty Tax Map and Parcel Numbers 61W 319B, 61W324 and 61W325, and the legally established
s egment of Hydraulic R oad abutting County Tax Map and Parc el N umbers 61W 323, 61W324 and 61W 3
25.
9. Proposal to amend the Albemarle County Service Authority Jurisdictional Area to designate
properties within the Piney Mountain Development Area for water and sewer service consistent with
the Albemarle Comprehensive Plan. Properties to be included in the ACSA Jurisdictional Area are: Tax
Map 32, Parc els 5C, 5C 1, 5C 2; Tax Map 33, Parcels 1A, 1D , 1D1, 1G, and 14 for “Water and Sewer”
s ervice, and Tax Map 33, Parc el 1 for “Water and Sewer serv ice only for the portion of the property zoned
PR D as of 12/2/09.”
10. ZTA 2009015. Nonconforming Lots. Amend Secs. 2.1.4, Reductions of lot areas below minimum
prohibited, 3.1, Definitions, and 6.4, N onconforming lots, of C hapter 18, Zoning, of the Albemarle County
C ode. This ordinance would amend and rename Sec. 2.1.4 to clarify the regulations pertaining to reducing
the size, width and frontage of lots existing on December 10, 1980 below the minimums standards for those
lots under the applicable district regulations; amend Sec. 3.1 to amend the definition of “nonc onforming lot”
to expressly add lot frontage, width and the pres ence of a building site as elements determining whether a
lot is nonconforming, and to cross reference the lot requirements of section 4; and amend Sec. 6.4 to
c hange the regulations pertaining to subdivisions, lot combinations and boundary line adjus tments involving
nonconforming lots, and to reorganize the sec tion.
11. 0903( ) – Agricultural and Forestal Districts Ordinance to amend Division 2, D istricts, of Article II,
D istricts of Statewide Signific anc e, of Chapter 3, Agricultural and Forestal Districts, of the Albemarle
C ounty Code, to continue and establish certain districts, and to add lands to or remove lands from certain
districts, as specified below:
a) AFD20093; 0955; 0959; 0960. Sugar Hollow A FD – District review and additions. The
propos ed ordinance would amend Section 3226, Sugar Hollow Agric ultural and Forestal D istrict, to
continue the district for all parcels identified in the ordinance, and set the next district review
deadline date for December 2, 2019. It w ould also add TMPs 2724A, 2725 and 3913C3 to the
district, and would remov e any parcels for which a request for withdrawal is received before the
Board acts on the propos ed ordinance. Notice also is hereby given that the Albemarle County
Planning Commission and the Albemarle C ounty Agricultural and Fores tal Advisory C ommittee
have recommended approval of the continuation of the district and the above referenced additions.
b) AFD20094; 0962; 0967. Chalk Mountain AFD – District review and additions. The proposed
ordinance would amend Section 3211, Chalk Mountain Agricultural and Forestal District, to
continue the district for all parcels identified in the ordinance, and set the next district review
deadline date for December 2, 2019. It w ould also add TMPs 972 and 9727 to the dis trict, identify
TMPs 9721A1, 9721B1, 9721C, 9721D, 9722A, 9722B, 9722C and 981G (part) as being in the
district (these parcels were created from parcels already in the distric t), would remove TMPs 9721,
9721A, 9721B, 9721C , 9721D and 9722C from the district, and would remove any other parcels
for which a request for withdrawal is rec eived before the Board acts on the propos ed ordinance.
Notice also is hereby given that the Albemarle County Planning Commission and the Albemarle
County Agricultural and Forestal Adv isory C ommittee have recommended approval of the
continuation of the dis tric t and the abov e referenced additions.
c ) AFD20095; 918; 0944; 0947. Jacob’s R un AFD – District review and additions. The
propos ed ordinance would amend Section 3218, Jacob’s R un Agricultural and Fores tal District, to
continue the district for all parcels identified in the ordinance, and set the next district review
deadline date for December 2, 2019. It w ould also add TMPs 206J, 3032B and 311B to the
district, identify TMPs 318E and 3123K as being in the district (thes e parcels were created from
parcels already in the district), would remove TMPs 3123, 3123D and 3123K from the district, and
would remove any other parcels for whic h a request for w ithdrawal is received before the Board ac ts
on the proposed ordinanc e. N otice also is hereby given that the Albemarle County Planning
Commission and the Albemarle County Agricultural and Forestal Advis ory Committee have
recommended approv al of the continuation of the district and the above referenced additions.
d) AFD200934; 0948. Batesville AFD – District additions. The proposed ordinanc e w ould amend
Sec. 3207, Batesville Agricultural and Forestal Dis tric t, of Chapter 3, Agricultural and Forestal
Districts, of the Albemarle County Code, to add TMPs 7129C, 7129D, 7129E, 7129G, 7129H,
71 29I and 8469 to the district. Notice also is hereby given that the Albemarle C ounty Planning
Commission and the Albemarle County Agricultural and Forestal Advis ory Committee have
recommended approv al of the above referenced additions.
e) AFD200927; 0945; 0965. Blue R un A FD – District additions. The proposed ordinance would
amend Sec. 3208, Blue Run Agricultural and Forestal D istrict, of C hapter 3, Agricultural and
Fores tal Districts, of the Albemarle C ounty Code, to add TMPs 3541A, 3541E and 49 4A1 to the
district. N otice also is hereby given that the Albemarle County Planning Commiss ion and the
Albemarle C ounty Agricultural and Fores tal Advisory C ommittee have recommended approval of the
above referenced additions.
f) AFD200925; 0957. Buck Mountain AFD – District additions. The proposed ordinance would
amend Sec. 3209, Buc k Mountain Agric ultural and Forestal D istrict, of C hapter 3, Agricultural and
Fores tal Districts, of the Albemarle C ounty Code, to add TMPs 837, 843A, 844 and 172D 6 to the
district. Notice also is hereby given that the Albemarle C ounty Planning Commission and the
Albemarle C ounty Agricultural and Fores tal Advisory C ommittee have recommended approval of the
above referenced additions.
g) AFD200920; 0929; 0940; 0953; 0966; 0971; 0973. Buck’s Elbow Mountain A FD – Creation
of district. The proposed ordinance would add Sec tion 3209.5 Buc k’s Elbow Mountain Agricultural
and Forestal District, to Chapter 3, Agricultural and Forestal Distric ts, of the Albemarle C ounty
Code, to establish the Buck’s Elbow Mountain Agric ultural and Forestal D istrict, w hich will be
composed of TMPs 251, 384, 387, 388, 3810, 3820, 391, 391F, 391F1, 391G, 392B, 398,
3910A and 3921Q. Notice also is hereby given that the Albemarle County Planning C ommission
will hold a public hearing on this applic ation on Dec ember 1, 2009 and the Albemarle County
Agric ultural and Forestal Advisory Committee have rec ommended approval of the creation of the
above referenced district.
h) AFD200911; 0912; 0937; 0946; 0950; 0951; 0952; 0964. Carter’s B ridge AFD – D istrict
additions. The proposed ordinance w ould amend Sec. 3210, Carter’s Bridge Agricultural and
Fores tal District, of Chapter 3, Agric ultural and Forestal D istricts, of the Albemarle County C ode, to
add TMPs 10217C, 1121, 1142, 11457, 11457C , 11457D , 12212D, 12212E, 12313B and 130
19B to the district. Notice also is hereby given that the Albemarle County Planning C ommission and
the Albemarle County Agricultural and Forestal Advisory Committee have recommended approval of
the above referenced additions.
i) AFD200936; 0969; 0970. Eastham AFD – District additions. The proposed ordinance w ould
amend Sec. 3212, Eas tham Agricultural and Fores tal District, of Chapter 3, Agric ultural and
Fores tal Districts, of the Albemarle C ounty Code, to add TMPs 4691B, 4691C and 4691E to the
district. N otice also is hereby given that the Albemarle County Planning Commiss ion and the
Albemarle C ounty Agricultural and Fores tal Advisory C ommittee have recommended approval of the
above referenced additions.
j) AFD200943. Fox Mountain AFD – Creation of district. The propos ed ordinance would add
Section 3212.5 Fox Mountain Agric ultural and Forestal D istrict, to C hapter 3, Agricultural and
Fores tal Districts, of the Albemarle C ounty Code, to es tablish the Fox Mountain Agricultural and
Fores tal District, whic h w ill be compos ed of TMP 1510A. Notice also is hereby giv en that the
Albemarle C ounty Planning Commis sion and the Albemarle County Agricultural and Forestal
Advis ory Committee have recommended approval of the creation of the above referenced district.
k ) AFD200923; 0926; 0938; 0941. Free U nion AFD – District additions. The proposed
ordinance would amend Sec. 3213, Free Union Agricultural and Fores tal District, of Chapter 3,
Agric ultural and Forestal D istricts, of the Albemarle County C ode, to add TMPs 733, 1615C, 16
37, 291D and 2931A to the district. Notice also is hereby given that the Albemarle County
Planning Commission and the Albemarle C ounty Agricultural and Fores tal Advisory C ommittee
have recommended approval of the above referenced additions.
l) AFD200939. Hardware A FD – District additions. The proposed ordinance would amend Sec. 3
214, H ardware Agric ultural and Forestal D istrict, of C hapter 3, Agricultural and Forestal Districts, of
the Albemarle County C ode, to add TMP 746N to the district. Notic e also is hereby given that the
Albemarle C ounty Planning Commis sion and the Albemarle County Agricultural and Forestal
Advis ory Committee have recommended approval of the above referenced addition.
m) AFD200956. High Mowing A FD – District additions. The proposed ordinance w ould amend
Sec. 3216, H igh Mowing Agricultural and Forestal D istrict, of Chapter 3, Agricultural and Forestal
Districts, of the Albemarle County Code, to add TMP 8469A to the district. Notice also is hereby
given that the Albemarle C ounty Planning Commission and the Albemarle County Agricultural and
Fores tal Advisory Committee have recommended approval of the abov e referenced addition.
n) AFD200963. Ivy Creek AFD – District additions. The proposed ordinance would amend Sec. 3
217, Ivy Creek Agricultural and Fores tal District, of Chapter 3, Agric ultural and Forestal D istricts, of
the Albemarle County C ode, to add TMPs 4419, 4419A, 4419B, 4421A1 and 4421A2 to the
district. N otice also is hereby given that the Albemarle County Planning Commiss ion and the
Albemarle C ounty Agricultural and Fores tal Advisory C ommittee have recommended approval of the
above referenced additions.
o) AFD200928; 0949. Keswick AFD – District additions. The proposed ordinanc e w ould amend
Sec. 3219, Keswick Agricultural and Forestal District, of C hapter 3, Agricultural and Forestal
Districts, of the Albemarle County Code, to add TMPs 4830, 4830A, 4830B, 4830C, 4830D and
4830E to the district. Notice also is hereby given that the Albemarle County Planning C ommission
and the Albemarle C ounty Agricultural and Forestal Advisory Committee have recommended
approv al of the above referenced additions.
p) AFD200916; 0917; 0954. Kinloch AFD – D istrict additions. The proposed ordinance would
amend Sec. 3220, Kinloch Agricultural and Forestal District, of Chapter 3, Agricultural and Forestal
Districts, of the Albemarle County Code, to add TMPs 495C, 496A1 and 5013 to the district.
Notice also is hereby given that the Albemarle County Planning Commission and the Albemarle
County Agricultural and Forestal Adv isory C ommittee have recommended approval of the above
referenced additions. (Defer public hearing to December 9, 2009.)
q) AFD200922; 0924; 0942; 0958. Lanark AFD – District additions. The propos ed ordinance
would amend Sec. 3221, Lanark Agricultural and Forestal District, of Chapter 3, Agricultural and
Fores tal Districts, of the Albemarle C ounty Code, to add TMPs 9264C , 1032B, 10343D , 10343F
and 10343J to the district. Notice also is hereby giv en that the Albemarle County Planning
Commission and the Albemarle County Agricultural and Forestal Advis ory Committee have
recommended approv al of the above referenced additions.
r) AFD200908; 0909; 0910; 0935; 0961; 0968; 0974. Moorman’s R iver AFD – D istrict
additions. The proposed ordinance w ould amend Sec. 3222, Moorman’s R iver Agricultural and
Fores tal District, of Chapter 3, Agric ultural and Forestal D istricts, of the Albemarle County C ode, to
add TMPs 2945, 2945H 1, 2945H2, 2978A1, 3023, 431F, 432A1, 4431H and 60E31 to the
district. N otice also is hereby given that the Albemarle County Planning Commiss ion will hold a
public hearing on this application on Dec ember 1, 2009 and the Albemarle County Agricultural and
Fores tal Advisory Committee have recommended approval of the abov e referenced additions.
s ) AFD200913; 0914; 0915; 0930. South Garden AFD – D istrict additions. The proposed
ordinance would amend Sec. 3210, South Garden Agricultural and Forestal District, of Chapter 3,
Agric ultural and Forestal D istricts, of the Albemarle County C ode, to add TMPs 9935, 10970, 110
8 and 11018E to the district. N otice also is hereby given that the Albemarle County Planning
Commission and the Albemarle County Agricultural and Forestal Advis ory Committee have
recommended approv al of the above referenced additions.
t) AFD200906; 0907; 0921; 0972. Yellow Mountain A FD – District additions. The proposed
ordinance would amend Sec. 3228, Yellow Mountain Agricultural and Forestal District, of C hapter
3, Agric ultural and Forestal D istricts, of the Albemarle County Code, to add TMPs 5441, 5443, 54
43A,
5443D , 7015G and 7122K to the dis tric t. Notice als o is hereby given that the Albemarle C ounty
Planning Commission and the Albemarle C ounty Agricultural and Fores tal Advisory C ommittee
have recommended approval of the above referenced additions.
11:00 a.m. A ction Items:
12. Establish Emergency Medical Services (EMS) Cost Recov ery Billing Rates.
13. Work Session: Five Year Financial Plan.
14. Closed Meeting.
15. Certify Closed Meeting.
16. Boards and Commissions:
a. Vacancies /Appointments.
2:00 p.m. – Transportation Matters
17. a. VDOT Monthly Report.
b. Hatton Ferry Acceptanc e of donation from VDOT and transfer to nonprofit entity.
c . Transportation Matters not Listed on the Agenda.
2:30 p.m. – Public H earings:
18. ZTA 2009017. Fees. Amend and renumber Sec. 35.0 (to 35.1) , Fees; amend, renumber and rename Sec .
35.1 (to 35.2), Fee reduction, and add Sec. 35.3, Fee refunds, of Chapter 18, Zoning, of the Albemarle
C ounty Code. This ordinanc e w ould amend and reorganize the Zoning Ordinance’s fee regulations and
increase existing fees, impos e new fees, and c hange but not necessarily increase other fees , for listed
applications, permits, reviews , approvals, ins pec tions and other services provided by the C ounty in the
administration of Chapter 18.
19. ____ 0907( ) – Health and Safety. Amend Secs. 7100, Purpose and intent, 7101, Adminis tration and
enforcement, 7102, Applicability, 7103, Definitions, 7104, Prohibited nois e, 7105, Prohibited acts
enumerated, 7106, Exempt sounds, 7107, Complaints of noise, and 7108, Violation and penalty, of Article
I, N oise, of Chapter 7, Health and Safety, of the Albemarle County C ode.
20. From the Board: Matters Not Lis ted on the Agenda.
Recess and Reconvene in Room 241
3:30 p.m. – Joint Meeting with School B oard:
21. Call to Order.
22. Capital Improv ements Program (CIP) Oversight C ommittee R ecommendations.
23. Proposed Voluntary Early Retirement Incentiv e Plan (VERIP) Amendments.
24. FY 201011 Budget Issues:
a. Financial Forecast
b. Compensation
c . Health C are Premiums
25. From the Boards : Matters Not Listed on the Agenda.
26. Adjourn.
C O N S E N T A G E N D A
FOR APPR OVAL:
7.1 Approval of Minutes: Augus t 5, September 9, October 14 and October 16, 2009.
7.2 Safe R outes To School Resolution of Support for Infrastructure Grant Application for Croz et Elementary
Sc hool area.
7.3 Adoption of CharlottesvilleUVAAlbemarle Emergency Operations Plan.
7.4 Resolution Acc eptance of FY 200809 landowners’ offers to sell conservation easements .
7.5 Resolution Urban Development Area (UDA) Certification for Albemarle County Comprehensive Plan with
Section 15.22223 of the Virginia C ode. (Remove from agen da)
7.6 Resolution to accept the addition and discontinuance of a portion of Route 20 (Scottsville Road), VDOT
Project #0020002126,C501,B608.
7.7 Resolution Free State Road.
7.8. Resolutions of intent to amend the Subdivis ion and Zoning Ordinances to allow for the subdivis ion of
existing parcels w ith multiple dwellings on them.
7.9 FY 2010 Appropriations.
7.10 Resolution authorizing County Executive’s exec ution of contract to purchase property necessary for
c onstruction of the Downtow n C rozet Stormwater Management project.
7.11 Resolution to ac cept road(s) in Bending Branc h Subdivision into the Secondary System of State Highways.
7.12 Resolution to ac cept road(s) in Wayland’s Grant Subdivision into the Secondary System of State H ighway s.
7.13 Resolution to ac cept road(s) in Red H ill Meadow s Subdivision into the Secondary System of State
H ighw ays.
FOR IN FORMATION:
7.14 FY 2010 First Quarter Financ ial R eport.
7.15 Department of Social Services Quarterly Report.
7.16 Copy of 2009 Third Quarter C ertificate of Oc cupancy Report as prepared by the County of Albemarle
C ommunity D evelopment Department.
7.17 Copy of 2009 Third Quarter Building Report as prepared by the C ounty of Albemarle Community
D evelopment Department.
7.18 Copy of letter dated November 17, 2009 to Robert W. Tucker, J r., County Exec utive, from John J. Davies ,
III, Commonwealth Transportation Board, re: Route 691 Widen and Improvement Alignment –
Secondary Funds, Albemarle County.
7.19 Access Albemarle Status Report.
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