2002-10-09October 9, 2002 (Regular Night Meeting)
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A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on October
9, 2002, at 6:00 p.m., Room 241, County Office Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Mr. David P. Bowerman, Mr. Lindsay G. Dorrier, Jr., Mr. Charles S. Martin, Mr. Walter
F. Perkins, Mr. Dennis S. Rooker and Ms. Sally H. Thomas.
ABSENT: None.
OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., County Attorney, Larry W. Davis,
Clerk, Ella W. Carey, and, Chief of Community Development, David W. Benish.
Agenda Item No. 1. The meeting was called to order at 6:00 p.m., by the Chairman, Ms. Thomas.
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Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
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Agenda Item No. 4. From the Public: Matters Not Listed on the Agenda.
Ms. Thomas asked if any member of the public had come to address Agenda Item No. 13, a
resolution to the Governor requesting declaration of a local emergency concerning the drought. There
being no one present who wished to speak, Ms. Thomas said the Board would go ahead with the regular
agenda.
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Ms. Katie Hobbs, a County resident, said she had two items to mention. First, corrective measures
for the Ivy Landfill will come before the public Thursday night, October 10, at Monticello High School at 6:30
p.m. This is an important issue and she assumes that the Board members will attend that meeting.
Ms. Hobbs said that City Council, at its meeting this past Monday, gave directions to their two
members who serve on the MPO to vote for deferral of the Western Bypass TIP (Transportation
Improvement Program) decision. She assumes this Board will discuss the matter later tonight and give
directions to its members about that decision. She said there have been many statements by Albemarle
County citizens asking that the current Bypass plan be removed from the TIP. That should simplify this
Boards discussion and the direction it will give to its MPO members.
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Ms. Thomas said the Countys two MPO members assume there is no change in the stance this
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Board has taken for the last half dozen years.
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Mr. Charlie Trachta, a County resident, presented a statement (copy of the full statement is on file
in the Clerks Office) addressing the water situation and school redistricting. He thinks past actions of this
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Board are causing the County to run out of water. Residents came before this Board to say the County was
headed toward a water emergency, and that the SFRR needed repair or replacement. Legitimate
organizations, such as the League of Women Voters, have also said the same things. Since it seems the
Board will do nothing about the water emergency except to tell residents to cut their water usage, he would
like the Board to consider informing persons getting a building permit after August 30, 2002, that they may
not be able to hook to public water or be given the right to drill a well.
Mr. Trachta said since this Board makes the final decisions concerning the spending of money, it
must accept some responsibility for the bad placement of schools. He quoted Mr. Martin as saying
redistricting does not cause death and destruction to students. He said Mr. Bowerman said he believes in
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neighborhood schools, but where will one be put in the Crozet neighborhood, in Woodbrook, or in
Scottsville? He thinks that when parents move into Hollymead, they feel their children should attend
Hollymead School. How does the Board feel?
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Mr. Donald Lyon, President of the Raintree Homeowners Association, presented a statement (copy
of the full statement is on file in the Clerks Office). He addressed the water situation saying water usage
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should be based on the number of members per household, and not just on the individual home. The
Homeowners feel new development must be restricted along with all the other businesses and residences
during this water emergency. The Rivanna Authority wants to raise its rates to make up for the shortfall of
revenue due to homeowners successful conservation. They do not believe these rates will go away when
this emergency goes away. He asked why homeowners have to bear the brunt of this increase. Why are
developers not being asked to do their part during this crisis? There were 173 new home building permits
filed in the County from August 30 to September 27. How can this Board justify this unchecked growth
consuming natural resources at a rate that is causing widespread damage to all who live here? It does not
seem that long-term planning has happened.
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Mr. Rooker said he would like to respond to the statements about water. Building permits have
been stamped for at least a month with a legend saying the home may not be allowed a hook-up to the
public water system. A similar resolution was adopted by the Board last week concerning hook-ups for
wells. Also, there is a long-term plan to increase water capacity for the community. Originally, land was
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purchased to put in a new reservoir at Buck Mountain Creek. The EPA would not permit that. The RWSA
had to go back and find other ways to increase capacity. That has been a five-year project. The League of
Women Voters participated in that by sponsoring forums which were attended by many. Ultimately a long-
term plan for increasing capacity in the community was adopted. That plan is in the process of being
implemented now. The current problem is not capacity, but supply. The water in the Reservoir today is at
about 52 percent of its storage capacity. The problem is that the reservoirs are fed by rivers and streams
and those feeders have been drying up due to the drought.
Mr. Martin said he will respond to the statements about schools. This Board has no authority to say
someone cannot move into this county. In order to maintain a good school system, it is necessary to build
new schools so that schools do not become overcrowded. Under no circumstance can a new school be
built without redistricting. It would make no sense to build a new school and leave it empty by not moving
students from one school to another. He has been a member of the Supervisors for ten years, and was a
member of the School Board for five years before that time. During all that time, there has been a long-
range capital plan in effect to keep schools up with the growth of the community. Everything the citizens
have wanted was not done. Every child was not put in the school where they wanted to go, but yes, we
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have redistricted plenty of times and no one's child has suffered irreparable damage as a result of
redistricting.
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Agenda Item No. 5. Consent Agenda. Motion was offered by Mr. Rooker, seconded by Mr.
Martin, to pull Item 5.1, to approve Item 5.2 and to accept Items 5.3 and 5.4 on the Consent Agenda for
information. Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Perkins, Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin.
NAYS: None.
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Item 5.1. Approval of Minutes: March 25(A), 2002. No minutes had been read, so this item was
pulled.
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Item 5.2. Cove Creek Park Association, Inc. Open Space Use Agreement.
It was noted in the staffs report that the Cove Creek Park Association, Inc. is reapplying for land
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use taxation for the 106.2 acres of property located off of Route 29 South on which the Cove Creek Park
Little League Baseball Complex is located. The property was in land use prior to construction of the
baseball complex under forestry and agriculture. It also was the subject of a nearly-identical Open Space
Use Agreement which the Board approved April 3, 1996, but which expired after five years. The proposed
qualifying use is park or recreational open space. The 106.2 acre parcel will continue to be used solely for
the baseball complex and buffer during the proposed ten-year term.
If the Board concurs that the proposed park or recreational use is appropriate for open space land
use taxation, the Board can adopt a resolution authorizing the County Executive to execute an Open Space
Use Agreement. If approved, the property will qualify for open space land use taxation for the next ten tax
years.
By the recorded vote set out above, the Board adopted the following resolution authorizing
the County Executive to execute the following Open Space Use Agreement with Cove Creek Park
Association, Inc.:
RESOLUTION TO AUTHORIZE
COVE CREEK PARK ASSOCIATION, INC.
OPEN SPACE USE AGREEMENT
WHEREAS, the Cove Creek Park Association, Inc. (hereafter the "Park
Association") owns 106.20 acres of property used for a little league baseball complex
and buffer area; and
WHEREAS, the Park Association desires to re-enter an Open Space Use
Agreement so as to qualify for open space land use taxation for ten additional tax years;
and
WHEREAS, the use of the property otherwise meets the standards for park or
recreational open space land use.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of
Supervisors hereby authorizes the County Executive to execute on behalf of the County
of Albemarle, Virginia, an Open Space Land Use Agreement with the Cove Creek Park
Association, Inc., such agreement being attached hereto and being incorporated herein
by reference.
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OPEN-SPACE USE AGREEMENT
This Agreement, made this 15th day of August, 2002, between COVE CREEK
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PARK ASSOCIATION, INC., a Virginia non-stock corporation, hereafter called the
Owner, and the COUNTY OF ALBEMARLE, a political subdivision of the Commonwealth
of Virginia, hereinafter called the County, recites and provides as follows:
RECITALS
1. The Owner is the owner of certain real estate, described below, hereinafter
called the Property; and
2. The County is the local governing body having real estate tax jurisdiction over the
Property; and
3. The County has determined:
A. That it is in the public interest that the Property should be provided or
preserved for park or recreational purposes; and
B. That the Property meets the applicable criteria for real estate devoted to
open-space use as prescribed in Article 4 ( 58.1-3229 et seq.) of
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Chapter 32 of Title 58.1 of the Code of Virginia, and the standards for
classifying such real estate prescribed by the Director of the Virginia
Department of Conservation and Recreation; and
C. That the provisions of this agreement meet the requirements and
standards prescribed under 58.1-3233 of the Code of Virginia for
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recorded commitments by landowners not to change an open-space use
to a nonqualifying use; and
4. The Owner is willing to make a written recorded commitment to preserve and
protect the open-space uses of the Property during the term of this agreement in
order for the Property to be taxed on the basis of a use assessment and the
Owner has submitted an application for such taxation to the assessing officer of
the County pursuant to 58.1-3234 of the Code of Virginia and Albemarle
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County Code 15-800 et seq.; and
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5. The County is willing to extend the tax for the Property on the basis of a use
assessment commencing with the next succeeding tax year and continuing for
the term of this agreement, in consideration of the Owner's commitment to
preserve and protect the open-space uses of the property, and on the condition
that the Owner's application is satisfactory and that all other requirements of
Article 4, Chapter 32, Title 58.1 of the Code of Virginia and Albemarle County
Code 15-800 et seq. are complied with.
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NOW THEREFORE, in consideration of the recitals and the mutual benefits,
covenants and terms herein contained the parties hereby covenant and agree as follows:
1. This agreement shall apply to all of the following described real estate:
All that certain tract or parcel of land, with improvements thereon and the
appurtenances thereto belonging, fronting on U.S. Highway 29 and State Route
632 near Covesville in the Scottsville District of Albemarle County, Virginia,
containing 106.20 acres, more or less, as shown and described on a plat of Allen
M. Hale, C.L.S. for Old Dominion Map Co. dated February 20, 1995, and
recorded in the Clerk's Office of the Circuit Court of said County in Deed Book
1458, page 190; and being the same property as was conveyed to Owner by
deed of John Grisham, Jr. and Renee Grisham, Trustees of the Oakwood
Foundation Charitable Trust, dated December 2, 1998, and recorded in the
aforesaid Clerk's Office in Deed Book 1773, page 344.
2. The Owner agrees that during the term of this agreement:
A. There shall be no change in the use or uses of the Property that exist as
of the date of this agreement to any use that would not qualify as an
open-space use.
B. There shall be no display of billboards, signs or other advertisements on
the property, except to (i) state solely the name of the Owner and the
address of the Property; (ii) advertise the sale or lease of the Property;
(iii) advertise the sale of goods or services produced pursuant to the
permitted use of the Property; or (iv) provide warnings. No sign shall
exceed four feet by four feet.
C. There shall be no construction, placement or maintenance of any
structure on the Property unless such structure is either:
(1) on the Property as of the date of this agreement; or
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(2) related to and compatible with the open-space uses of the
Property which this agreement is intended to protect or provide
for.
D. There shall be no accumulations of trash, garbage, ashes, waste, junk,
abandoned property or other unsightly or offensive material on the
Property.
E. There shall be no filling, excavating, mining, drilling, removal of topsoil,
sand, gravel, rock, minerals or other materials which alters the
topography of the Property, except as required in the construction of
permissible buildings, structures and features under this agreement.
F. There shall be no construction or placement of fences, screens, hedges,
walls or other similar barriers which materially obstruct the public's view
of scenic areas of the Property.
G. There shall be no removal or destruction of trees, shrubs, plants and
other vegetation, except that the Owner may:
(1) engage in agricultural, horticultural or silvicultural activities,
provided that there shall be no cutting of trees, other than
selective cutting and salvage of dead or dying trees, within 100
feet of a scenic river, a scenic highway, a Virginia Byway or
public property listed in the approved State Comprehensive
Outdoor Recreation Plan (Virginia Outdoors Plan); and
(2) remove vegetation which constitutes a safety, a health or an
ecological hazard.
H. There shall be no alteration or manipulation of natural water courses,
shores, marshes, swamps, wetlands or other water bodies, nor any
activities or uses which adversely affect water quality, level or flow.
I. On areas of the Property that are being provided or preserved for
conservation of land, floodways or other natural resources, or that are to
be left in a relatively natural or underdeveloped state, there shall be no
operation of dune buggies, all-terrain vehicles, motorcycles, motorbikes,
snowmobiles or other motor vehicles, except to the extent necessary to
inspect, protect or preserve the area.
J. There shall be no industrial or commercial activities conducted on the
Property, except for the continuation of agricultural, horticultural or
silvicultural activities; or activities that are conducted in a residence or an
associated outbuilding such as a garage, smokehouse, small shop or
similar structure which is permitted on the property.
K. There shall be no separation or split-off of lots, pieces or parcels from
the Property. The Property may be sold or transferred during the term of
this agreement only as the same entire parcel that is the subject of this
agreement; provided, however, that the Owner may grant to a public
body or bodies open-space, conservation or historic preservation
easements which apply to all or part of the Property.
3. This agreement shall be effective upon acceptance by the County; provided,
however, that the real estate tax for the Property shall not be extended on the
basis of its use value until the next succeeding tax year following timely
application by the Owner for use assessment and taxation in accordance with
Albemarle County Code 15-800 et seq. Thereafter, this agreement shall
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remain in effect for a term of 10 consecutive tax years.
4. Nothing contained herein shall be construed as giving to the public a right to
enter upon or to use the Property or any portion thereof, except as the Owner
may otherwise allow, consistent with the provisions of this agreement.
5. The County shall have the right at all reasonable times to enter the Property to
determine whether the Owner is complying with the provisions of this agreement.
6. Nothing in this agreement shall be construed to create in the public or any
member thereof a right to maintain a suit for any damages against the Owner for
any violation of this agreement.
7. Nothing in this agreement shall be construed to permit the Owner to conduct any
activity or to build or maintain any improvement which is otherwise prohibited by
law.
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8. If any provision of this agreement is determined to be invalid by a court of
competent jurisdiction, the remainder of the agreement shall not be affected
thereby.
9. The provisions of this agreement shall run with the land and be binding upon the
parties, their successors, assigns, personal representatives, and heirs.
10. Words of one gender used herein shall include the other gender, and words in
the singular shall include words in the plural, whenever the sense requires.
11. This agreement may be terminated in the manner provided in 15.2-4314 of the
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Code of Virginia for withdrawal of land from an agricultural, a forestal or an
agricultural and forestal district.
12. Upon termination of this agreement, the Property shall thereafter be assessed
and taxed at its fair market value, regardless of its actual use, unless the County
determines otherwise in accordance with applicable law.
13. Upon execution of this agreement, it shall be recorded with the record of land
titles in the Clerk's Office of the Circuit Court of Albemarle, Virginia, at the
Owner's expense.
14. NOTICE: WHEN THE OPEN-SPACE USE OR USES BY WHICH THE
PROPERTY QUALIFIED FOR ASSESSMENT AND TAXATION ON THE BASIS
OF USE CHANGES TO A NONQUALIFYING USE OR USES, OR WHEN THE
ZONING FOR THE PROPERTY CHANGES TO A MORE INTENSIVE USE AT
THE REQUEST OF THE OWNER, THE PROPERTY, OR SUCH PORTION OF
THE PROPERTY WHICH NO LONGER QUALIFIES, SHALL BE SUBJECT TO
ROLL-BACK TAXES IN ACCORDANCE WITH 58.1-3237 OF THE CODE OF
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VIRGINIA. THE OWNER SHALL BE SUBJECT TO ALL OF THE OBLIGATIONS
AND LIABILITIES OF SAID CODE SECTION.
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Item 5.3. Acquisition of Conservation Easements (ACE) Program Status.
It was noted in the staffs report that the ACE (Acquisition of Conservation Easements) program
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currently includes two separate applicant pools - those from Year 2001-02 and those from Year 2002-03.
The Board last reviewed the status of the processing of these applications at its meeting on August 7, 2002.
Properties from the Year 2001-02 pool were recently appraised and are currently being reviewed by the
Appraisal Review Committee (ARC). It is anticipated that the ARC will approve these appraisals by October
15 and the Board will be asked to approve the appraisals at its November 6 meeting. This will allow the
"Invitation to Offer to Sell" to be mailed to applicants by November 15 with a response from each landowner
after the 30 days they are given to review the offer. Until the landowners become aware of the value of
their easements and are "invited to offer to sell" an easement, staff cannot determine how many
landowners will actually sell easements to the County. Based on the appraisals received on September 17,
appraised values are 95 percent of what staff projected last spring, thus being in line with the $1.0 million
annual ACE budget.
Though staff had anticipated a closing date on or around September 1, 2002, for the purchase of
development rights and easement acquisitions for Year 2001-02 applications, the ACE Committee and staff
now believe the original time line cannot be met. In August staff noted for the Board that delays, largely
attributable to selecting and contracting with an appraiser, would push the closing date to at least
November, 2002. The appraisals actually took longer due to changes in the number of properties being
appraised, so it now appears that the closings date will not take place until about February 1, 2003.
For Year 2002-03, the application deadline was September 1, 2002. Eight applications were
received. Of these, seven were new applications and one was automatically re-enrolled from last year's
pool. The number of applications and total acreage involved is similar to that of previous years. In general,
the properties are concentrated in the eastern half of the County from Totier Creek near Scottsville to
Preddy Creek near Stony Point. They range in use from forested mountain land to intensively-managed
cropland. In the three weeks since the deadline, staff has been evaluating the applications, scoring them
and determining "theoretical" development rights. Once determined, staff will assess the number of
"usable" development rights - a calculation used to determine the number of development rights
eliminated. At that point, all of the ranking evaluation criteria will have been scored and staff will rank the
individual properties and request approval of the "final ranking" from the ACE Committee. The ACE
Committee will then submit a recommendation to the Board for approval of the ranking and a request to
appraise however many properties it is determined the ACE Program can afford. Staff continues to believe
that the schedule provided the Board in August is valid and easements will close by October 31, 2003.
This report was provided for information only.
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Item 5.4. Copy of Draft Planning Commission minutes for August 27, 2002, was received for
information.
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Agenda Item No. 6. Public hearing to consider adoption of an ordinance to amend Sec 4-123 of
Chapter 4, Animals and Fowl, Article II, Dogs and Other Animals, of the Albemarle County Code, to
establish certain parcels along a portion of Route 720 (Harris Creek Road) off of Rt 20 S, as an additional
area of the County where dogs are prohibited from running at large. Scottsville Dist. (Notice of public
hearing was advertised in the Daily Progress on September 23 and September 30, 2002.)
Mr. Tucker said homeowners may request that the Board designate specific areas in which dogs
are restricted from "running at large" or what is often referred to as the "Leash" Law. In June, 23 property
owners who live along or adjacent to Route 790 (Harris Creek Road located off of Route 20 South in the
Scottsville District) submitted a petition to the Clerk's Office requesting that their area be designated as one
in which it is unlawful for dogs to run at large. This appears to be the first time that residents of a rural area
(an area not within a platted subdivision) have petitioned for this ordinance. The proposed area includes 28
parcels, a total of 132 acres. Fifteen of these parcels, over half of the area, are less than three acres in
size. Only three parcels in the area are over 10 acres in size. The remaining parcels are between three
acres and ten acres in size. If the Board views the request favorably after the public hearing is conducted,
staff recommends that the Board adopt the advertised ordinance.
Mr. Dorrier asked if staff determined that a majority of the residents currently residing in the area
signed the petition. Mr. Tucker said a majority signed the petition, but he understands that some have now
asked that their names be withdrawn.
Mr. Rooker said Mr. Tucker mentioned that the original petition was signed by 23 people, but the
Board has before it tonight a petition signed by about 30 people in opposition to the dog leash law. Mr.
Tucker said there was a larger area included in the original request. Now, that area has been pared down
to a much smaller area.
Ms. Thomas suggested that the public hearing be opened at this time.
Mr. Wayne Proffit said a petition was circulated in June by Ms. Offield. He believes she only went to
landowners. This new petition includes both landowners and renters. He said the road is Route 720, not
Route 790. He has lived on Route 720 for 28 years. He moved there with the purpose of raising and
keeping hounds because he is a hunter. He knows times have changed, but he does not think a leash is
needed on a public, county, country road. Everything has been in his yard from pigs to llamas. He said this
is country living, and he has always been able to handle the problems in a neighborly manner. He
understands Ms. Offield petitioned for this leash law because of two incidents, one was a renters dog
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chasing a child on a bicycle. Those renters have since moved. The other was a new couple moving into
the neighborhood from New Mexico with three dogs, and one of the dogs ran at Ms. Offields daughter. She
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was not physically attacked; the dog just ran at her on her bicycle. When the neighbor was approached,
they got rid of that dog and fenced in the other two dogs. They apologized to the neighbors for starting this
whole thing. He does not want his dogs loose, but he cant be there 24 hours a day. If this law passes, it
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will impose an unwanted expense. He does not think a hound dog has a history of being vicious, or
bothering anybody, but under the law he would still be punished by a penalty. He asked that the Board not
pass this ordinance.
Mr. Dorrier asked if there are any pit bulls running loose in the area. Mr. Proffit said he is not aware
of any running loose. Mr. Dorrier asked if there are any vicious dogs in the area. Mr. Proffit said he only
knows that Ms. Offield approached him and said her daughter had been chased by a dog. He has not seen
the dog in question.
Ms. Alice Offield said the neighbor who owns the dog that has been chasing her daughter and other
kids has not apologized. The lady told Ms. Offield she is against the leash law because she had to pay
leash law fines in New Mexico. The pit bulls Mr. Dorrier asked about have already been moved. The owner
of that house had the renters move because the pit bulls were in Ms. Offields yard and her husband called
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the police. These people retaliated by having their 17 year old son throw apples at her dog who was in a
cage in the yard. He let the pit bulls loose to chase her cats. She said there were more than just children
being chased, adults were also chased. The last incident was on August 15 when she called the game
warden. She found out today that no complaints were written by Sgt. Hopwood. She has been trying to
work with the neighbors, but no one can agree on one thing. She is asking the County for help. She
understands that if the complaints were written up when the officer came out, that would help to see that
something was done about the one vicious dog. To wait until someone gets bitten is not the way to do it.
Her only choice was to ask the Board for help.
Mr. Tucker said staff talked with Sgt. Hopwood this afternoon and he thinks the problem can be
solved using the dangerous dog section of the ordinance. Unless the Board wants to move forward with
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this ordinance, he thinks staff can improve this situation through the changes that are about to be made in
the Animal Control Division. If the Board agrees, it can withdraw this item from the agenda tonight, and not
deal with it at this time. If that does not solve the problem, Ms. Offield may need to bring the request back
at a later time.
Ms. Offield said when she called the County, she was told to speak only to property owners, the
renters did not have a say in what happened on the property. She went to all the property owners, but not
the renters. Mr. Davis said that is a long-standing policy of this Board.
Ms. Thomas said a solution has been suggested which would be to have the Animal Control Officer
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deal more directly with the perpetrator or violator. Mr. Tucker said that in the past the officers have said
they need to see the incident actually occur. That is not necessary.
Mr. Bowerman said it seems that these complaints were not taken seriously until it came to this
Board. He said Mr. Tucker has said that there will be changes in that office, and he would like for the
complaints to be taken seriously whenever calls are received.
Mr. Dorrier said he was concerned that someone owning a pit bull should have that dog under his
control.
Ms. Offield said the problem now is with a German Shepherd/mixed breed dog which chases.
When she approached the owner for the fourth time, he said he cannot control the dog and that she cannot
do anything until the dog actually bites someone.
Ms. Thomas asked about the Police Departments Community Policing Division which is supposed
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to meet with neighbors when they have an issue which is of concern to the whole neighborhood. Mr.
Tucker said that may be something Sgt. Hopwood would be willing to do.
Mr. Rooker suggested that neighbors look at installing invisible fences. He has three large dogs
and they never leave the property because of the fences. It is a good solution for someone who cant
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control the dog, but does not want to pen the dog.
Mr. Davis said the definition of a dangerous dog in the County Code is limited to "Any dog which
bites, attacks or inflicts injury on a person or a companion animal other than a dog, or kills a companion
animal." That definition was authorized by the State Code. If the problem is a dog which is biting or
attacking or inflicting injury on a person, it can be dealt with as a dangerous dog. Once a dog is determined
to be a dangerous dog, it is required by law to be confined or kept on a leash and it cannot run at large no
matter where it is. If an Animal Control Officer determines that a dog meets this definition, it can be dealt
with directly and individually and would not require a leash law for the whole neighborhood.
Ms. Thomas asked about a dog that bites and bares its teeth, but has never taken the first bite. Mr.
Davis said it will have to do more than simply bare its teeth. It would have to attack, which does not require
a bite. Chasing someone aggressively and pursuing them in a vicious manner baring its teeth should be
sufficient.
Ms. Offield asked if the officer has to see this because she has filed three different complaints. Mr.
Davis said he would only need to have reliable evidence that that had occurred.
Ms. Thomas said she does not want to cut off the public hearing, but it is a hearing of a different
nature now. The proposal is to have the Animal Control Officer take the complaints about specific animals
seriously, and act in accord with the law just read. She is recommending that there be some Community
Policing so there can be a neighborhood meeting, and the people can meet the police and the animal
control officer. If the Board goes along with this recommendation, there will not be a leash law in the
neighborhood.
Ms. Offield asked if this does not work, if they can bring the request back to Board. Mr. Tucker said
there would probably have to be a new petition.
Mr. Dorrier asked if the Board can get a report from the Police in about three months. Because of
all of the work put into this, he thinks those people deserve to have an update.
Ms. Wanda Mays said she is in agreement with the solution mentioned.
Ms. Virgie Morris said she has lived on Harris Creek Road for more than forty years. They have
always done everything possible to get along with the neighborhood. She has never seen the dog, and
does not feel that people with good dogs should be punished because of this one dog. This is really not a
road where children should be walking because of its narrow shoulders. There is no guarantee the dog
would not get out even with a leash law. She said to just deal with the people who have the bad dog.
Ms. Thomas asked if Ms. Morris understood that the Board is proposing not to continue with the
leash law at this time, but to try other solutions. Ms. Morris said she hopes the Board does not pass the
leash law. She thinks it is a sad thing to divide the neighborhood over this issue.
Mr. Frank Robertson thanked the Board for dealing with their request. He understands it will not be
acted on tonight, but he wanted to state the reasons he is in favor of the leash law. He has been a resident
of the area for several years and owns three dogs. None of them have ever been off of a leash. He thinks
it is time to put the responsibility on the owner of the animals and passing the leash law will avoid unwanted
puppies, keep animals safe and at home where they belong. Parents will not have to worry when their
children go out to play. This applies to adults also. He was the victim of an animal bite from the pit bull
mentioned by Ms. Offield. When he confronted the owner about that, he was threatened by the owner
saying that he would come out (although he did not see a gun) and kill Mr. Robertsons dog, so he did not
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take further action. Passing the law would also protect the animals from bites or being killed by the heavy
traffic on the road. He said that most of the speed limits on the road are rarely observed. He said this
should not wait until someone gets hurt. He had a dog which was mauled by a group of other dogs, and
the dog had to be put to sleep. That dog would probably be alive today if the leash law had been in effect
several months ago. He asked that the Board consider adopting the leash law to serve both the animals
and the people.
October 9, 2002 (Regular Night Meeting)
(Page 8)
Mr. Kenneth Morris said he owns property on Harris Creek Road, but he does not live on the
property at the present time. He understands that if there is a vicious dog, the Dog Warden can deal with
the owner without interfering with anybody elses dog. He is a part owner of a dog that lives next door. If
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there is a leash law, he does not think the dog should be let down into his yard. The last time he came to
the Board meeting when this hearing was set up, he tried to talk to Ms. Offield about dealing with that
person, and not the whole neighborhood. But, this is what it came to.
Mr. Duane Morris said the house with the one dog that was chasing cars and people is a rental
property which he takes care of. Those people are no longer there. He thinks the vicious law is the best
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way to go. He has lived in the area all his life, and all have been good friends. They have always worked
everything out together. He does not want to see a child being bit by a dog. If the Board does have to
come back to the leash law, and he does not think that will happen, there needs to be a length on the
leash.
Ms. Thomas said the Board has gotten many opinions tonight. She hopes people understand what
is going to happen. She asked if a vote is necessary. Mr. Davis said the Board can table the ordinance or
have a motion not to adopt the ordinance. If it does come back on the agenda, it will probably be triggered
by a new petition, so he would recommend that there be a motion not to adopt the ordinance.
Motion to this effect was offered by Mr. Martin and seconded by Mr. Bowerman.
Mr. Dorrier asked if there could be an amendment to that motion saying the Board will look at the
situation again in January. Mr. Bowerman said he thinks it was made clear in the conversation that this will
happen. He does not think it needs to be an official action.
Roll was called on the motion, and the motion carried by the following recorded vote:
AYES: Mr. Perkins, Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin.
NAYS: None.
_______________
Agenda Item No. 7. SP-2002-035. Korean Community Church - Expansion (Sign #6). Public
hearing on a request to extend existing special permit (SP-97-003) for an add'l 5 years, to allow develop of
church. Znd RA. TM 32, P 22K1, contains approx 5.22 acs. Loc on E side of Seminole Trail (Rt 29N),
approx 1/10 ml S of bridge over the North Fork of the Rivanna River. Rivanna Dist. (Notice of this public
hearing was advertised in the Daily Progress on September 23 and September 30, 2002.)
__________
Agenda Item No. 8. SP-2002-047. Korean Community Church - Flood plain Crossing (Sign #38).
Public hearing on a request to allow crossing of flood plain by a church access road. TM 32, P 22K1,
contains approx 5.22 acs. Loc on E side of Seminole Trail (Rt 29N), approx 1.5 mls N of Proffit Rd.
Rivanna Dist. (Notice of this public hearing was advertised in the Daily Progress on September 23 and
September 30, 2002.)
Mr. Benish said this is a request to extend two existing special permits for five years to allow for a
church and for a crossing of a flood plain. The property has 5.2 acres and is located in the Rivanna District
about one-tenth of a mile south of a bridge over the North Fork Rivanna River, generally across from the
north entrance to the North Fork Research Park. The permits were approved by the Board on October 15,
1997, with conditions. The five-year extension of the special permit approvals has been requested so the
church can raise additional funds for construction related to the required road improvements. He said
nothing has changed which would alter the staffs original recommendation for approval. Staff did
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recommend approval of both requests. He said the Planning Commission, at its meeting on September 17,
2002, unanimously recommended approval subject to conditions. There is a change necessary to
Condition No. 4 for SP-2002-035. It should read: The final site plan shall include a greenway dedication of
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one hundred feet minimum in width for or that area necessary ....
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With no questions for staff at this time, Ms. Thomas asked the applicant to speak.
Dr. Yong I. Kim said he is an elder of the Korean Community Church. At this point, he has no
statement to make except to request extension for five years. He offered to answer questions.
Ms. Thomas opened the public hearing on both special use permits. With no one from the public
rising to speak, the public hearings were closed, and the permit requests placed before the Board.
Mr. Martin offered motion to approve SP-2002-35 subject to the six conditions recommended by
the Planning Commission with the correction noted to Condition No. 4, and to approve SP-2002-47 subject
to the four conditions recommended by the Planning Commission.
The motion was seconded by Mr. Rooker. Roll was called, and the motion carried by the following
recorded vote:
AYES: Mr. Perkins, Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin.
NAYS: None.
October 9, 2002 (Regular Night Meeting)
(Page 9)
(Note: The conditions of approval for SP-2002-35 are set out in full below.)
1. The Korean Community Church shall be operated in general accord with the
justification provided with the application submitted for SP-2002-035, included
herein as Attachment B. The capacity of the church facility will not exceed one
hundred fifty (150) individuals. No daycare or church school activities are intended
with this special permit. Changes to this plan of operation may require an
amendment to this special use permit;
2. At the time of site development, all requirements of the Virginia Department of
Transportation regarding relocation of the access road to align with the North Fork
Research Park entrance across Route 29, furnishing of signal components for the
eastern side of the existing intersection shared with the research park, installation of
a turn and taper lane along Route 29, and other requirements described in
correspondence from VDOT dated August 1, 1997, February 10, 1997, and June
26, 2002, shall be met. It is anticipated that the applicant will work with the Towers
Land Trust and other property owners to the south to equitably share in the cost of
the necessary improvements to the eastern side of the above-described
intersection;
3. At the time of issuance of a building permit, determination of the availability of public
water and sewer shall be made by the Director of Planning and Community
Development. If water and sewer are determined to be reasonably available, the
church shall be required to connect to these utilities;
4. The final site plan shall include a greenway dedication of one hundred (100) feet
minimum in width or that area necessary for the establishment of a greenway trail
on that portion of the property along the North Fork Rivanna River and its tributary to
the north;
5. The use, structure or activity for which this permit is issued shall commence within
five (5) years from the date this permit is issued. The term "commenced" shall
mean commencement of any structure necessary for the use of the permit or the
issuance of the VDOT entrance permit; and
6. At the time of site plan submittal, the applicant shall work with the Engineering
Department to locate the road access out of the critical slopes, to the extent
practical.
_____
(Note: The conditions of approval for SP-2002-47 are set out in full below.)
1. The Flat Branch crossing shall be used for the remainder of the property (Tax Map
32 Parcel 22K). It is recommended that the crossing of Flat Branch be wide enough
to accommodate any future development of the property beyond the proposed
church site;
2. The site construction shall not disturb the natural water quality buffer of stream and
river valley wooded slopes;
3. Grading within the flood plain shall occur only in association with the relocation of
the entrance road from Route 29, and such grading shall comply with all
requirements of the Department of Engineering and Public Works, included here as
Attachments G and H (on file); and
4. The use, structure or activity for which this permit is issued shall commence within
five (5) years from the date this permit is issued. The term "commenced" shall
mean commencement of any structure necessary for the use of the permit or the
issuance of the VDOT entrance permit.
_______________
Agenda Item No. 9. ZTA-02-03. Uses. Public hearing to consider adoption of an ordinance to
amend 2.1.1, Use, Occupancy and Construction, and 3.1, Definitions (definition of "accessory use,
''
buildings or structure"), of Chapter 18, Zoning, of the Albemarle County Code, to restate and continue the
existing rule that a lawful accessory use must be located on land zoned to allow the primary use and must
comply with the zoning regulations applicable to the land on which the accessory use is located. (Notice of
this public hearing was advertised in the Daily Progress on September 23 and September 30, 2002.)
__________
Agenda Item No. 10. ZTA-02-04. Stormwater Management Facilities. Public hearing to consider
adoption of an ordinance to amend 10.2.1, By right, 12.2.1, By right, 13.2.1, By right, 14.2.1, By right,
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15.2.1, By right, 16.2.1, By right 17.2.1, By right, 18.2.1, By right, 19.3.1, By right 20.3.1, By right, 22.2.1, By
right, 23.2.1, By right, 24.2.1, By right, 27.2.1, By right, and 28.2.1, By right, of Chapter 18, Zoning, of the
Albemarle County Code, to authorize stormwater management facilities that are shown on approved final
site plans or subdivision plats as a by right use of a parcel. (Notice of this public hearing was advertised in
the Daily Progress on September 23 and September 30, 2002.)
Ms. Amelia McCulley, Zoning Administrator, summarized the amendments. She said that ZTA-
2002-03 is an amendment to Accessory Uses and is intended to further modify the existing interpretation
that a lawful accessory use must comply with zoning regulations applicable to the land on which it is located
in the same manner as a primary use has to comply with the zoning regulations on the land on which it is
located. ZTA-2002-04 is an amendment providing for stormwater facilities as a use. It is recommended
that it be a use by special permit in the rural areas and a by-right use in other districts.
October 9, 2002 (Regular Night Meeting)
(Page 10)
Ms. McCulley said the Planning Commission at its meeting on September 24, 2002, recommended
approval of both zoning text amendments as recommended by staff. She noted that the original resolution
of intent adopted by the Planning Commission specified that stormwater facilities would be allowed as a by-
right use in all zoning districts. However, that was written before the staff work team met and considered
policy issues, etc. Because the resolution of intent was very specific, and the resulting staff
recommendation was not completely consistent in terms of the rural area, staff recommends that the Board
take an action which is a little different from the resolution.
Ms. McCulley said the Board has a couple of options: approve stormwater facilities by-right in the
Rural Areas so there would be consistency with the resolution of intent; take no action with respect to the
Rural Areas District; make the other amendments for stormwater facilities; correct the resolution of intent
and bring it to the Board with the zoning text amendment for the Rural Areas District; or, if there are issues
with these amendments, staff could offer a legal memoranda and other information, with these
amendments being deferred to another meeting.
Ms. Thomas said the Board members had received information about these amendments in bits
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and pieces including the Commission minutes. She asked why the work group recommended that
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stormwater facilities in the rural areas be subject to a special use permit. Why the distinction between the
rural areas and all other zones?
Mr. Benish said detention basins are a type of use not typically found in the rural areas. Such
situations would probably occur along the boundaries of development areas where the treatment of the
edge of the development areas will become increasingly important. Staff wanted to be sure there was an
adequate level of control to insure that these facilities were compatible with adjacent uses in the rural areas
or consistent with recommendations for treatment of the edge of these boundary areas. Staff does not feel
stormwater basins are necessarily inappropriate uses, but wanted flexibility to evaluate them on a case-by-
case basis.
Mr. Dorrier asked how many of these facilities have come into existence in the rural areas in recent
years. Ms. McCulley said she did not know, but the Blue Ridge highway commercial site plan approval
includes a stormwater facility in the rural area. The most common occurrence is when a stormwater facility
is put on the same property with the same zoning as the use it services.
Mr. Perkins asked if these facilities have to meet certain engineering and design standards. The
only thing that would be affected here would be the aesthetic quality if a special use permit were required.
Mr. Benish said there is some potential to control landscaping and most of these facilities will probably
require a site plan. The County does have certain engineering design standards for retaining stormwater,
and the safety measures of the facility. Along the rural area boundaries there are a number of uses, and
staff wanted to be sure that if such a facility is placed next to an agricultural use, it fits in with the use of the
site, is safe for livestock, is safe for rural residential development, or other significant resources identified
along that boundary. Mr. Benish said this zoning text amendment has moved along in a rather rapid
fashion. Staff tried to bring something back to the Board in an expeditious way that allowed for review of
these stormwater detention facilities in rural areas. Staff initially talked about the potential of providing
supplementary regulations to go with by-right development, but not having time to think that through, this
was the safer approach to assure the community these facilities were adequately designed.
Mr. Bowerman said what is being talked about is the location of such facilities, not their design. Mr.
Tucker said that is why the supplementary regulations would be one avenue to look at if these facilities are
allowed by-right. Mr. Bowerman said he thinks this amendment is like throwing bricks at a mouse.
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At this time, Ms. Thomas said she would open the public hearing on ZTA-2002-04 concerning
stormwater facilities.
Mr. Chuck Rotgin said he had sent many comments directly to Board members over the last 16
hours. He thinks this is an example where a problem has been created that does not exist. There has
been a government solution proposed to take care of it, and the solution may cause more problems than
anyone intended. Mr. Benish just remarked that these issues have not been as well thought out as they
should have been. He said the Board has a memorandum from Fred Payne and some comments that he
sent to the Board members last night. He said when staff initially proposed these issues, they said there
were a lot of horribles that could occur, both with accessory uses and with stormwater. Yet, when staff
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was asked to provide examples of the horribles, they could give none. His main concern is with stormwater
detention which needs to occur as the topography says it needs to occur, and it needs to be regional. They
think stormwater facilities should be allowed by-right, and he referred the Board members to the notes he
had sent.
With no one else from the public rising to speak, the public hearing was closed on the stormwater
facilities zoning text amendment.
Ms. Thomas said she would like to know about the supplementary regulations approach. She
asked if that would be an alternative to this ZTA, or a different ZTA.
Mr. Davis said if the Board wants to consider supplemental regulations, he would recommend that
the ordinance be adopted tonight with the RA use being a by-right use instead of a special use. The Board
could then initiate a zoning text amendment to add supplemental regulations for stormwater detention
either just for the RA or any district.
October 9, 2002 (Regular Night Meeting)
(Page 11)
Mr. Davis said this ZTA was brought forward because the Zoning Administrator found a glitch in the
Zoning Ordinance. It does not clearly provide for stormwater facilities which are not on-site but which are
accessory. The BZA took a very restrained approach and said dams and impoundments are a use by-right
in the rural areas district. That is not how staff had interpreted the ordinance in the past. There is a need to
clarify that these things are permitted, and based on engineering principles, they are often not located on-
site. The County wants to encourage regional detention. Because of the things the County wants to
accomplish, it requires that this be addressed in a way that makes sense. The way staff had looked at
these things and treated them in the past, it makes sense to say they would be permitted by-right in all the
districts, notwithstanding the issues which have now been raised about the rural areas. It is his
recommendation that the Board adopt ZTA-2002-04 tonight allowing these facilities by-right in all districts
and then initiate looking at supplemental regulations separately.
Mr. Rooker said that makes sense to him. He thinks it is important to clean up the ordinance so
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there is no question as to what the ordinance allows. If there is to be special consideration of the rural area,
that should be done by a separate ordinance adopted at a later time. He said public policy is to provide for
regional detention basins, and this amendment enables that. Mr. Rooker then offered motion to adopt
Ordinance No. 02-18(6), An Ordinance to amend Chapter 18, Zoning, Article III, District Regulations, of the
Code of the County of Albemarle, Virginia, in its present form with a request to staff that if there are any
considerations which are specific to the rural areas that could be included in supplemental regulations, that
staff bring back that language for the Board to consider another amendment.
Mr. Davis said to clarify, this motion says that instead of adding Subsection (48) Stormwater
management facilities shown on an approved final site plan or subdivision plat to Section 10.2.2, By special
use permit, that language will be added to Section 10.2.1, By right, as Subsection 21.
Ms. Thomas said if there is a use which is subject to supplemental regulations, how are those
enforced if not by special use permit? Mr. Davis said the applicant has to meet the supplemental
regulations set out in the Zoning Ordinance or go to the Planning Commission and request a waiver of
those regulations.
At this point, Mr. Bowerman gave second to the motion. Roll was called, and the motion carried by
the following recorded vote:
AYES: Mr. Perkins, Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin.
NAYS: None.
(Note: The ordinance, as adopted, is set out in full below.)
ORDINANCE NO. 02-18(6)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, 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 III, District Regulations, of the Code of the County of
Albemarle are amended and reordained as follows:
By Amending:
Sec. 10.2.1 By right
Sec. 10.2.2 By special use permit
Sec. 12.2.1 By right
Sec. 13.2.1 By right
Sec. 14.2.1 By right
Sec. 15.2.1 By right
Sec. 16.2.1 By right
Sec. 17.2.1 By right
Sec. 18.2.1 By right
Sec. 19.3.1 By right
Sec. 20.3.1 By right
Sec. 22.2.1 By right
Sec. 23.2.1 By right
Sec. 24.2.1 By right
Sec. 27.2.1 By right
Sec. 28.2.1 By right
Chapter 18. Zoning
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 of these regulations:
1. Detached single-family dwellings, including guest cottages and rental of
October 9, 2002 (Regular Night Meeting)
(Page 12)
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 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 of land 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 any one parcel of record on the adoption date of this provision
October 9, 2002 (Regular Night Meeting)
(Page 13)
(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 10-09-02)
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:
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 subject to performance
standards in 4.14).
18. Veterinary services, animal hospital (reference 5.1.11 and subject to
performance standards in 4.14).
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
October 9, 2002 (Regular Night Meeting)
(Page 14)
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 of land 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.
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 permitted 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. Farm 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).
Sec. 12.2.1 By right
The following uses shall be permitted 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 permitted provided density is maintained.
3. Cluster development of permitted residential uses.
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.
5. (Repealed 9-2-81)
October 9, 2002 (Regular Night Meeting)
(Page 15)
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 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 subdivision plat. (Added 10-09-02)
Sec. 13.2.1 By right
The following uses shall be permitted subject to requirements and limitations of
this ordinance:
1. Detached single-family dwellings.
2. Cluster development of permitted residential uses.
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 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, 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 by the Rivanna
Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended
11-1-89)
October 9, 2002 (Regular Night Meeting)
(Page 16)
10. Tourist lodgings (reference 5.1.17).
11. Homes for developmentally disabled persons (reference 5.1.07).
12. Stormwater management facilities shown on an approved final site plan
or subdivision plat. (Added 10-09-02)
Sec. 14.2.1 By right
The following uses shall be permitted subject to requirements and limitations of
this ordinance:
1. Detached single-family dwellings.
2. Cluster development of permitted residential uses.
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 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, 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 occupations (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 5.1.7).
12. Stormwater management facilities shown on an approved final site plan
or subdivision plat. (Added 10-09-02)
Sec. 15.2.1 By right
The following uses shall be permitted 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 permitted 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 permitted residential uses.
October 9, 2002 (Regular Night Meeting)
(Page 17)
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.
6. (Repealed 9-2-81)
7. (Repealed 9-2-81)
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)
9. Accessory uses and buildings including home occupation, Class A
(reference 5.2) and storage buildings.
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. Stormwater management facilities shown on an approved final site plan
or subdivision plat. (Added 10-09-02)
Sec. 16.2.1 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.
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 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
October 9, 2002 (Regular Night Meeting)
(Page 18)
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 10-09-02)
Sec. 17.2.1 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.
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 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
October 9, 2002 (Regular Night Meeting)
(Page 19)
or subdivision plat. (Added 10-09-02)
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.
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 5.1.07).
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, 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.
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 10-09-02)
Sec. 19.3.1 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)
October 9, 2002 (Regular Night Meeting)
(Page 20)
5. Parks, playgrounds, community centers and non-commercial
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 10-09-02)
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 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.
October 9, 2002 (Regular Night Meeting)
(Page 21)
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 10-09-02)
Sec 22.2. 1 By right
The following uses shall be permitted in any C-1 district subject to the
requirements and limitations of these regulations. The zoning administrator,
after consultation with the director of planning and other 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.
a. The following retail sales and service establishments:
1. Antique, gift, jewelry, notion and craft shops.
2. Clothing, apparel and shoe shops.
3. Department store.
4. Drug store, pharmacy.
5. Florist.
6. Food and grocery stores including such specialty shops as
bakery, candy, milk dispensary and wine and cheese shops.
7. Furniture and home appliances (sales and service).
8. Hardware store.
9. Musical instruments.
10. Newsstands, magazines, pipe and tobacco shops.
11. Optical goods.
12. Photographic goods.
13. Visual and audio appliances.
14. Sporting goods.
15. Retail nurseries and greenhouses.
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.
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).
October 9, 2002 (Regular Night Meeting)
(Page 22)
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 11-1-89)
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 10-09-02)
Sec. 23.2.1 By right
The following uses shall be permitted in any CO district, subject to the
requirements and limitations of these regulations:
1. Administrative and business offices.
2. Professional offices, including medical, dental and optical.
3. Financial institutions.
4. Churches, 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 permitted:
-Eating establishments;
-Newsstands;
-Establishments for the sale of office supplies and
service of office equipment;
-Data processing services;
-Central reproduction and mailing services and the
like;
-Ethical pharmacies, laboratories and establishments
for the production, fitting and/or sale of optical or
October 9, 2002 (Regular Night Meeting)
(Page 23)
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, transformers, pipes, meters and related
facilities for distribution of local service and owned and operated by a
public utility. Water distribution and sewerage collection lines, pumping
stations and appurtenances owned and operated by the Albemarle
County Service Authority. Except as otherwise expressly provided,
central water supplies and central sewerage systems in conformance
with Chapter 16 of the Code of Albemarle and all other applicable law.
(Amended 5-12-93)
8. Public uses and buildings including temporary or mobile facilities such as
schools, offices, parks, playgrounds and roads funded, owned or
operated by local, state or Federal agencies (reference 31.2.5); public
water and sewer transmission, main or trunk lines, treatment facilities,
pumping stations and the like, owned and/or operated by the Rivanna
Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended
11-1-89)
9. Temporary construction uses (reference 5.1.18).
10. Dwellings (reference 5.1.21). (Added 3-17-82)
11. Temporary nonresidential mobile homes (reference 5.8). (Added
3-5-86)
12. Day care, child care or nursery facility (reference 5.1.6). (Added 9-9-92)
13. Stormwater management facilities shown on an approved final site plan
or subdivision plat. (Added 10-09-02)
Sec. 24.2.1 By right
The following uses shall be permitted in any HC district subject to the
requirements and limitations of these regulations. The zoning administrator,
after consultation with the director of planning and other appropriate officials,
may permit, as a use by right, a use not specifically permitted; provided that such
use shall be similar to uses permitted by right in general character, and 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.
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.
12. Fire extinguisher and security products, sales and service.
October 9, 2002 (Regular Night Meeting)
(Page 24)
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,
exterminators, landscaping and other repair and maintenance services.
18. Hardware.
19. (Repealed 6-3-81)
20. Hotels, motels and inns.
21. Light warehousing.
22. Machinery and equipment sales, service and rental.
23. Mobile home and trailer sales and service.
24. Modular building sales.
25. Motor vehicle sales, service and rental.
26. New automotive parts sales.
27. Newspaper publishing.
28. Administrative, business and professional offices.
29. Office and business machines sales and service.
30. Eating establishment; fast food restaurants.
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
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)
October 9, 2002 (Regular Night Meeting)
(Page 25)
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 10-09-02)
Sec. 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.
-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.
October 9, 2002 (Regular Night Meeting)
(Page 26)
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 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. 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. Stormwater management facilities shown on an approved final site plan
or subdivision plat. (Added 10-09-02)
Sec. 28.2.1 By right
Except as otherwise limited by section 28.2.2.14, the following uses shall be
permitted 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).
October 9, 2002 (Regular Night Meeting)
(Page 27)
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.
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,
woodyards.
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, 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)
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. Stormwater management facilities shown on an approved final site plan
or subdivision plat. (Added 10-09-02)
__________
Ms. Thomas asked if staff had anything further to add to the report on ZTA-2002-03. Ms. McCulley
said this particular determination (a lawful accessory use must comply with the zoning regulations
applicable to the land on which the accessory use is located and must be located on land zoned to allow
the primary use) was upheld by the Board of Zoning Appeals. It is currently stated in the ordinance under
Section 2.1.1. The amended language would further clarify that accessory uses are also subject to the
same zoning regulations as the primary use.
Mr. Davis said information was provided to the Board that this is not the way this section has been
interpreted in the past. But, the opinion upheld by the BZA has been the consistent opinion for the past 14
or so years since Ms. McCulley became Zoning Administrator. It is the majority rule across the United
States. In all the Virginia zoning ordinances staff looked at, it is the prevailing view everywhere except in
Virginia Beach, but this is the way it has been done in Albemarle County and it has been consistently
applied. The examples pointed out by Mr. Fred Payne (mentioned at the beginning of this public hearing)
are examples of problems or circumstances that have never arisen. This is not something that is as big of a
problem as it seems and the horribles have not existed because that is not the way it has been permitted,
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so they could not exist.
Mr. Bowerman asked if this amendment just codifies existing practices. Mr. Davis said that is
correct.
October 9, 2002 (Regular Night Meeting)
(Page 28)
Ms. Thomas said she had a hypothetical situation where there is a restaurant in a rural area that
needs a new septic field. Would that land have to be zoned commercial if the restaurant was zoned
commercial? Ms. McCulley said the use would have to be a permitted use in the rural areas.
Ms. Thomas said she had thought of Duners Restaurant in Ivy which has talked to its neighbors
about enlarging the septic field. While the neighbors might be willing to have that use, they might not want
their land zoned to commercial.
Mr. Bowerman said every use except a septic field could be proffered out during a rezoning.
Mr. Rooker said if there are two adjoining pieces of property which do not have the same zoning,
and you wanted to have the septic field run onto the adjoining lot which is owned by the same owner, is it a
subordinate use? Mr. Davis said that is an accessory use.
Mr. Rooker asked for a list of accessory uses. Ms. McCulley said parking, storage, and a lot of
outdoor activities are accessory uses.
Mr. Dorrier asked if a special permit would be required for an accessory building to be erected. Ms.
McCulley said no because the most common occurrence on the same zoning is the main use that it
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serves. This does not occur often.
Mr. Dorrier mentioned the example given by Ms. Thomas, and asked if a special permit would be
required. Mr. Davis said no. In that case, if a drainfield failed and the property could not continue to be
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used as it was being used, the legal remedy would probably be to apply to the BZA for a variance to allow
the accessory use not to be located on the main lot. That is the way he would recommend dealing with that
situation, rather than by tinkering with this definition which allows a commercial use to be located in the rural
area and then have a parking lot be put on the adjacent rural property without coming to this Board for any
rezoning or approval whatsoever. That approach opens up wide possibilities of abuse, particularly in the
rural areas. It could also be abused in areas which abut residential property. There have been several
instances where there was pre-existing zoning from the 80s that abuts property that would no longer want to
be impacted in that way. This would open those properties up to additional impacts.
Mr. Rooker said there was a change made in the ordinance at one time because of a request by
GE. He asked about that change. Ms. McCulley said there was some adjoining property that GE Fanuc
owned that they wanted to utilize for parking. Because it was not on the same property as the main use,
and it was actually zoned rural areas, they requested a zoning text amendment to provide for that use in the
rural areas. If the parking had been on their main property, it would have been an accessory use and
allowed.
Mr. Rooker asked how that interacts with this ordinance. Mr. Davis said it supports the consistent
interpretation the Zoning Administrator has made, otherwise that use would have been allowed without a
zoning text amendment. It allowed the Board to craft a zoning text amendment which allowed that use as a
main use on separate property under those circumstances.
With no further questions for staff concerning ZTA-2002-03, Ms. Thomas opened the public
hearing.
Mr. Joe Wright, Attorney, said he has represented Mr. L. F. Wood on matters relating to his request
to rebuild the store on his Shadwell Store Market property. There have been two hearings before the BZA,
and last week they appeared before the Planning Commission. They will be before this Board in early
November on Mr. Woods rezoning request. He said the Shadwell Market property is one of the first
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properties where this interpretation of the Zoning Ordinance has been applied. It has required Mr. Wood to
file a request to have a portion of the property rezoned in order to get a site plan approved for
reconstructing the Shadwell Market. Mr. Wood owns one parcel of real estate at the juncture of Routes
22/250 in Shadwell. The piece of that property on the north side of Route 250 is zoned C-1, and has been
zoned either a business designation or a commercial designation for 30+ years. The southern part of the
property is another one-half acre which since 1980 has been zoned rural agricultural. It was zoned rural
agricultural in 1980 as part of the zoning map amendment to bring various properties south of Route 250
into conformity with a 1980 amendment to the Comprehensive Plan so that all the properties south of Route
250 were treated the same. On Mr. Woods application for reconstruction of the store, he indicated that he
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would be placing a stormwater quality facility and septic drainfield on the portion of the property that is
zoned rural agricultural. There was then a determination made by Ms. McCulley that he could not put in a
stormwater detention or septic drainfield use on a rural agricultural property, because it is accessory to a
commercial use, the Shadwell Store on the part of the property north of Route 250.
Mr. Wright said the current ordinance does provide for accessory uses in all zoning districts.
Accessory use in the current ordinance is defined as a subordinate use, building or structure, customarily
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incidental to and located on the same lot occupied by the main use or building. The change proposed by
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this text amendment says that any accessory use has to be accessory to a main use that is permitted in the
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zoning district in which the accessory use is located. He suggests that the text amendment is fixing a
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problem that does not exist.
Mr. Wright said when they appeared before the BZA the first time, they gave numerous examples
of where the Zoning Ordinance has been interpreted historically to allow an accessory use in a different
zoning district from the main use. A lot of those were stormwater detention or stormwater quality facilities.
They believe they can find many other examples where the historical interpretation of the ordinance is at
October 9, 2002 (Regular Night Meeting)
(Page 29)
odds with this recent interpretation, and one which would become codified as a part of the ordinance if this
amendment is adopted. This ordinance definition of accessory uses has been working well for many years.
He feels this new interpretation would create a problem with a farm road. What if a property is owned by
one person, and the back part of the property is zoned rural agricultural and the front part of the property is
zoned differently. If this text amendment is adopted in its current format, it would create problems for
people who need that type of ability to use their property. It seems fitting that before such a sweeping
change to the definition of accessory use is made to the ordinance, more time is taken for study and no
hasty changes are made which might have serious implications for persons who intend to use their property
in ways that are not counter to the ordinance or to the intent of government, or to enforcement of the
ordinance.
With no one else from the public rising to speak, the public hearing was closed.
Mr. Davis said he can address a couple of the examples mentioned by Mr. Wright. Staff disagrees
that his clients particular situation was one of the first times this rule has ever been applied. Actually, this
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rule has been applied consistently for a long number of years. Staff does not know that it was ever applied
in any other way. All of the examples Mr. Wright mentioned at the BZA hearing dealt with stormwater
facilities. They were not clear-cut questions. Most of those were facilities located in commercial or
commercial-like zoning districts. When they were located on land with different zoning, it was usually
because it was planned community zoning next to commercial zoning. It was not an easy question. That
situation has now been dealt with through the stormwater amendment just adopted.
Mr. Davis said the other example dealt with a private road, and a private road is not an issue. Once
a private road or a public road is established, the County does not control what uses go over that road. As
to the example given by Mr. Payne about a farmer trying to find an accessway to residential property, staff
could not think of a single instance where that has ever been requested. If a property owner wanted to do
either a private or a public road to just create an accessway, that would be a problem. He cannot think of
any reason why a farmer would construct a new road and go through property that is not properly zoned.
That is not a real problem.
Mr. Davis said when there is a situation where someone wants a use which is not established in a
district because they own adjacent property that is zoned in a way that allows that use, that would be an
issue for the planners and should be regulated. If someone wants an exception, it should be through a
zoning action and not be by-right. It may even be unconstitutional to do that because it runs in the face of
allowing uniform regulations in all districts, which is a requirement of Virginia statutes, and required by the
Constitution under equal protection. Using the interpretation mentioned earlier, a piece of property zoned
RA adjoining commercial property would have additional uses that no other RA zoned property had. He
said staff has looked at this issue carefully. The BZA has dealt with this issue and supported the staffs
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position. If someone does not like the consequence of this consistent interpretation, there are remedies for
those people.
Mr. Rooker asked why stormwater facilities and drainfields should not be removed from the
definition of an accessory use. Drainfields are not normally visible, so generally there is no aesthetic issue
involved. If an owner controls two pieces of property, the existence of a drainfield on a rural property does
not change the character of that rural property.
Ms. Thomas said it does change the character because you cant run heavy equipment over a
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drainfield.
Mr. Rooker said if the party who controls that property makes the application, he also is the one
who suffers the consequences for the uses which can take place on that property. But, in terms of its
impact on neighbors, he does not see any impact on the neighbors. If the County is encouraging regional
stormwater facilities, is this something that is improper in the rural areas as a use?
Ms. Thomas said the Board just took action on the stormwater issue. She asked if Mr. Rookers
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question is whether it should be removed from the definition. Mr. Rooker said he sees a big difference
between allowing parking as an accessory use on property that is in the rural area, and allowing a building
on that same property as an accessory use. Something like stormwater facilities and drainfields, which are
generally permitted in the rural areas, would not be considered problematic with respect to the adjoining
property.
Mr. Martin said if the Board is going to do that, it needs to let staff have time to think that question
through. He said that might have consequences the Board would not think of tonight. He said Mr. Daviss
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argument was convincing to him in the sense that if one had both commercial and rural property, that
person should not be allowed to do something on that rural property just because he owns adjacent
property which is commercial. Also, this is also a consistent application of how the County has been doing
things. He then offered motion to adopt ZTA-2002-003, An Ordinance to amend Chapter 18, Zoning,
Article I, General Provisions, of the Code of the County of Albemarle, Virginia, by amending Sec. 2.1.1.,
Use, Occupancy and Construction, and Sec. 3.1, Definitions.
Mr. Dorrier gave second to the motion.
Mr. Rooker said he has a question about the example. Stormwater facilities are permitted in the
rural areas, but if there is a commercial piece of property which adjoins rural property, the stormwater
facility for that commercial piece of property cannot exist on the adjoining rural area property. Mr. Martin
said he understands the owner could appeal to the BZA for a waiver, and if that were not granted, he could
October 9, 2002 (Regular Night Meeting)
(Page 30)
apply for a rezoning. Mr. Davis said that at the present time, stormwater facilities are a by-right use and
could be located in a rural area by the action the Board just took.
Mr. Rooker asked if a stormwater facility is considered an accessory use. Mr. Davis said it can be
an accessory use if it is located on the same parcel and serves the primary use. Where that gets more
complicated is when a stormwater facility is designed as a regional detention basis and serves more than
one use. At that point, it is not necessarily an accessory use. That is why the amendment was brought
forward. If all stormwater facilities had been built on the same parcel the development served, it would not
have been a problem. That is how the Zoning Ordinance, over a period of time, got out of whack because
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that is how everybody did it. Over time, the County has tried to get away from that and take a more
environmentally-sensitive planning approach.
Mr. Dorrier said even on a single tract of land that has been subdivided, there have been problems
with stormwater facilities backing up and flooding areas. There are problems with these devices that could
come up even in the rural areas, so there needs to be a coordinated strategy dealing with them.
Mr. Bowerman said Mr. Wood approached him about six months ago, and explained the problem
he had at Shadwell. He (Mr. Bowerman) suggested to him (Mr. Wood) that he needed to apply for a
rezoning. He (Mr. Wood) did not want to do that, so he filed an appeal with the BZA. He lost five or more
months by not applying for the rezoning request at the same time. The language before the Board tonight
just makes certain what has been the practice.
Mr. Rooker said he is still not clear as to what Mr. Davis said. He gave as an example: there are
four properties and two have commercial zoning and two have agriculture zoning. If there were a request
to create a regional stormwater facility to serve all of those properties, would this amendment require that
two of the properties be rezoned? Mr. Martin said the difference is that under the accessory use definition, if
stormwater is an accessory, it is by-right as long as it is on the same piece of property. If it is not on the
same piece of property, the Board just passed the means for it to be approved.
Mr. Rooker said if there were two pieces of property, and Property A is zoned commercial, and
Property B is zoned rural areas, can the stormwater facility for Property A be put on Property B without
rezoning Property A? Ms. McCulley said yes.
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Mr. Rooker said it really is not being considered an accessory use for purposes of the application of
this new ordinance. Mr. Martin said it is an accessory use only if it is on the same property. Mr. Davis said if
the Board wants staff to look at the drainfield issue, that can be done since he believes that is an issue the
Board might have a completely different opinion about. Staff has not looked at that issue carefully.
Ms. Thomas said the people doing the hydrogeology study will be presenting their report and
making suggestions as to how communal wells are treated, and clustering, and maybe communal septic
fields. That might be the time to discuss this further.
At this time, Ms. Thomas asked for a roll call. The motion carried by the following recorded vote:
AYES: Mr. Perkins, Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin.
NAYS: None.
(Note: The ordinance, as adopted, is set out in full below.)
ORDINANCE NO. 02-18(7)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL
PROVISIONS, 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, of the Code of the County of Albemarle
are amended and reordained as follows:
By Amending:
Sec. 2.1.1 Use, Occupancy and Construction
Sec. 3.1 Definitions
Chapter 18. Zoning
Article I. General Provisions
Sec. 2.1.1 Use, occupancy and construction
Each use, building and structure, whether primary or accessory, shall hereafter
be established only in compliance with all applicable regulations of the zoning district
upon which the particular use, building or structure is located, except for nonconforming
uses and structures as provided in this chapter. (Amended 10-09-02)
Sec. 3.1 Definitions
October 9, 2002 (Regular Night Meeting)
(Page 31)
Accessory use, building or structure: A subordinate use, building or structure
customarily incidental to and located upon the same lot occupied by the primary use,
building, or structure, and located upon land zoned to allow the primary use, building or
structure. (Amended 10-09-02)
_______________
Agenda Item No. 11. Public hearing to consider adoption of an ordinance to amend Chapter 16,
Wastewater and Water Systems, Article V, Conservation of Water, Section 16-500, Conservation of Water
During Emergencies, of the Albemarle County Code, previously amended by Emergency Ordinance
Number 02-16(E)(1) on September 11, 2002, to expand the authority to impose emergency water
restrictions and to authorize the imposition of penalty charges for any violation of such restrictions. (Notice
of this public hearing was advertised in the Daily Progress on September 23 and September 30, 2002.)
Mr. Tucker said that on September 11, 2002, the Board adopted an Emergency Ordinance to
amend 16-500 to give greater authority to the Albemarle County Service Authority (ACSA) and its
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Executive Director to impose necessary water restrictions due to the severity of the existing water shortage.
The Emergency Ordinance is only valid for 60 days. An ordinance to permanently establish the emergency
powers of the ACSA was advertised and set for public hearing on October 9, 2002. This would continue to
provide the ACSA the authority to impose appropriate water restrictions.
Mr. Tucker said the proposed ordinance is the same as the Emergency Ordinance. It amends
County Code 16-500 to authorize the ACSA and its Executive Director to impose restrictions and
'
prohibitions on any or all uses of the public water supply. It further authorizes the imposition of penalty
charges on any person violating any of the mandatory restrictions or prohibitions. It specifically authorizes
the Executive Director to terminate the water service to any person who continues to be in violation after a
notice of violation has been issued or who fails to pay the penalty charge. Finally, it requires the ACSA to
have an appeal process for anyone who is assessed a penalty.
At this time, Ms. Thomas opened the public hearing.
Mr. John Martin said he lives in Free Union. He supports all restrictions necessary to get the
community through this water crisis. He supports laws with teeth, but he thinks laws should be made in this
room and no place else. Conduct which subjects citizens of the community to criminal penalties should be
defined in this room and no place else. This proposed ordinance basically transfers to the executive
director of the ACSA unfettered discretion to determine what restrictions should be imposed without further
review by this Board. Once he makes those determinations, violations of the orders of the executive
director become Class 3 misdemeanors. In addition to any fines that might be imposed by any court for
violation of the Service Authority restrictions, the ACSA could increase that punishment by terminating the
water use of the person convicted. That could close a business or force a family out of a house. That
would happen without action of this governing body. Additionally, with or without a court conviction the
ACSA could impose a penalty on that persons water bill. Failure to pay the penalty could subject that
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person to termination of water service. He thinks this delegates too much authority away from its board of
directors. These functions should be performed before this governing body. He said there is a major crisis
in progress, but this ordinance is tantamount to a declaration of marshal law, even if this governing body will
not be involved. He looked at the Articles of Incorporation of the ACSA and they only say the ACSA retails
water. They say nothing about imposing restrictions. He does not think this ordinance should be passed.
Mr. Steve Blaine said he was present to represent the Blue Ridge Homebuilders Association. It
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represents the construction industry in this community, and they estimate it is a $380.0 million industry
representing about 3000 jobs. Their presence was actually prompted by Agenda Item No. 13. (Resolution
to Governor requesting declaration of local emergency). They do not have a position on this item, but
would like to say the Association wants to continue as other businesses have to work under these extreme
critical conditions.
Ms. Thomas said even though it is not a public hearing, she would rather that Mr. Blaine address
the Board when Agenda Item No. 13 is heard.
With no one else from the public rising to speak, the public hearing was closed.
Mr. Davis said as a matter of clarification for Mr. John Martin, this ordinance does not give discretion
solely to one man, but provides the authority to the ACSA Board of Directors and its executive director. It
would require an action by the ACSA Board. The ACSA is an independent political subdivision whose
members are appointed by the Board of Supervisors. Under Virginia law, it is a separate political entity. It
has been charged to operate the water system on behalf of Albemarle County. They cant do that unless
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they have the ability to control their regulations. What this ordinance does is consistent with their
regulations, and passes to them the legal authority that is required by the Virginia Code during a water
emergency to take extraordinary actions which they otherwise could not do in running the water system.
The Supervisors have influence over that, but it is not their legal purpose to do that.
Mr. Bowerman said he has spoken to his appointee and they do not necessarily agree on some of
the items.
Ms. Thomas asked if this ordinance is exactly the same as that adopted in September. Mr. Davis
said that in Section E, at the request of the ACSA, language was added which would give them authority to
terminate water service if someone refuses to comply.
October 9, 2002 (Regular Night Meeting)
(Page 32)
Mr. Rooker said he has a question. Paragraph A gives authority to the ACSA Board and its
executive director, and then sets out many uses of water which can be prohibited, and then No. 9 says Any
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additional water use restriction deemed necessary. He wonders if that has to be an action by the ACSA
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Board as a whole, or if the executive director can establish regulations unilaterally. Mr. Davis said that
requires an official action by the ACSA Board and then it would be implemented by the executive director.
Mr. Rooker asked he thinks it should be made clear that in the appeals provision, that a persons
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water service cannot be cut off during the period this appeal is running. If a person files an appeal, he
thinks any adverse action should be stayed during the period of the appeal. Mr. Davis said he had assumed
that would be part of the process, but a sentence can be added to Paragraph E saying Water service shall
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not be terminated during the pendency of any appeal.
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Mr. Dorrier said he sees the need for this ordinance. He thinks the community has responded well
with conservation measures on its own. He wonders if this will create a situation where the ACSA is going
through the County targeting people who may be violating these provisions.
Ms. Thomas said they may already be doing that. They have been operating under this ordinance
since September 11.
Mr. Dorrier asked how many people had been found to be violating the ordinance.
Mr. Bill Brent said they have had three cases in court. There has been one conviction, one case
has been continued, and there was a penalty of $500 levied on one business. He has a number of cases to
review. He thinks that most everyone in the community has heard about the emergency ordinance,
although there may be some who have not, and others who refuse to listen. There is one business in
Crozet which is illegally providing water. There is a lady on Williamsburg Road who is watering her lawn.
The Police were called to the Clubhouse in Redfields Subdivision today because a contractor was stealing
water from the Clubhouse. Not everybody is noble about the situation.
Mr. Bowerman said he is sensitive to the issue of households. Right now, the same quantity of
water applies to every household, there is no allowance for the number of persons in a household. Mr.
Rooker said this was discussed before, and the problem with trying to do it on that basis was that the ACSA
had no way of knowing how many people were in the house.
Mr. Bowerman said the number of people in a household could be noted on the bill, and that
number put into the ACSAs system. He said it is just like targeting the car washes. He has difficulty with
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that, but has more of a problem with the households. Mr. Brent said the ACSA Board will address that
question next week.
Mr. Bowerman said if this crisis is going to last for some period of time, he does not want to wait
and address the question later. He does not think it is an insurmountable problem. Mr. Brent said
collecting and maintaining that information would be an horrendous task, and probably be beyond the
capability of ACSA staff.
Mr. Rooker said he does not disagree, because administratively it is a big job. Also, the
communication of it to the public is another thing. People have difficulty following all of the regulations.
Mr. Perkins said these kinds of things can be addressed through the appeals process.
Mr. Martin agreed with Mr. Bowerman. He said that not only does he have a family, but his wife
provides daycare services in their home. There is a potential for a penalty in that situation. It is a
complicated issue and he knows the ACSA will do the best it can.
Mr. Rooker asked if the penalty is being applied only if the customer uses in excess of 20 percent of
the previous years bill. Mr. Brent said they are using a 12-month average for the bill. They are trying to be
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reasonable. There are a number of businesses, Laundromats in particular, which are seeing a doubling in
business due to people in the rural areas where wells have gone dry, using Laundromats. They will not be
able to reduce 20 percent, but they are providing a needed service. There are over 1000 businesses which
must be hand screened to see what is a reasonable exception.
With no further discussion, motion was offered by Mr. Rooker to adopt An Ordinance to Amend
Chapter 16, Wastewater and Water Systems of the Code of the County of Albemarle, Virginia by Amending
Article V, Conservation of Water, with the addition of the sentence to Paragraph E reading: Water service
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shall not be terminated during the pendency of any appeal.
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The motion was seconded by Mr. Martin. Roll was called, and the motion carried by the recorded
vote which follows:
AYES: Mr. Perkins, Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin.
NAYS: None.
(Note: The ordinance, as adopted, is set out in full below.)
ORDINANCE NO. 02-16(2)
October 9, 2002 (Regular Night Meeting)
(Page 33)
AN ORDINANCE TO AMEND CHAPTER 16, WASTEWATER AND WATER SYSTEMS
OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BY AMENDING
ARTICLE V, CONSERVATION OF WATER.
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that
Chapter 16 of the Code of the County of Albemarle, Wastewater and Water Systems, is
amended as follows:
By Amending:
Article V. Conservation of Water.
Sec. 16-500. Conservation of Water During Emergencies.
Chapter 16. Wastewater and Water Systems
Article V. Conservation of Water
Sec. 16-500. Conservation of Water During Emergencies.
A. Should the board of supervisors, at any time, declare there to be an
emergency in the county arising wholly or substantially out of a shortage of water supply,
the Albemarle County Service Authority (the "authority") and its Executive Director (the
"executive director") are hereby authorized during continuation of the water emergency to
order the restriction or prohibition of any or all of the following uses of the water supply,
including but not limited to:
1. Watering of outside shrubbery, trees, lawn, grass, plants, home
vegetable gardens, or any other vegetation, except from a watering can or other
container not exceeding three (3) gallons in capacity. This limitation shall not apply to
commercial greenhouses or nursery stocks, which may be watered in the minimum
amount required to preserve plant life before 7:00 a.m. or after 8:00 p.m.
2. Washing of automobiles, trucks, trailers, or any other type of
mobile equipment, except in licensed commercial vehicle wash facilities.
3. Washing of sidewalks, streets, driveways, parking lots, service
station aprons, exteriors of homes or apartments, commercial or industrial buildings or
any other outdoor surface, except where mandated by federal, state, or local law.
4. The operation of any ornamental fountain or other structure
making a similar use of water.
5. The filling of swimming or wading pools requiring more than five
(5) gallons of water, or the refilling of swimming or wading pools which were drained after
the effective date of the declaration of emergency, except that pools may be filled to a
level of two (2) feet below normal, or water may be added to bring the level to (2) two feet
below normal, or as necessary to protect the structure from hydrostatic damage, for
pools constructed or contracted for on or before the effective date of this ordinance the
declaration of emergency restrictions.
6. The use of water from fire hydrants for any purpose other than
fire suppression, unless otherwise approved by the executive director.
7. The serving of drinking water in restaurants, except upon
request.
8. The operation of any water-cooled comfort air conditioning that
does not have water conserving equipment in operation.
9. Any additional water use restriction deemed necessary.
The above restrictions, or any of them, shall become effective upon their being
printed in any newspaper of general circulation in the county, or broadcast upon any radio
or television station serving the county.
B. Upon implementation of subsection A, above, the authority shall
establish an appeals procedure to review customer applications for exemptions from the
provisions of subsections A on a case by case basis and, if warranted, to make equitable
adjustments to such provisions. The authority shall also be empowered to establish
regulations governing the granting of temporary exemptions applicable to all or some of
the uses of the water supply set forth in subsection A. The authority shall, in deciding
applications, balance economic and other hardships to the applicant resulting from the
imposition of water use restrictions or allocations against the individual and cumulative
impacts to the water supply resulting from the granting of exemptions.
C. Should measures taken pursuant to subsection A of this section prove
October 9, 2002 (Regular Night Meeting)
(Page 34)
insufficient to preserve sufficient supplies of water for the citizens of the county, the
authority and its executive director are hereby further authorized to impose temporary
rate increases or surcharges on the consumption of water, to restrict or discontinue the
supply of water to any industrial or commercial activity which uses water beyond the
sanitary and drinking needs of its employees and invites, to declare a moratorium on new
water connections to buildings issued a building permit after the date of declaration of
emergency, and to restrict water use to basic human needs only.
D. Any person violating any provision of this section, or any order of the
executive director of the authority issued pursuant to the authority granted hereunder
shall be guilty of a class 3 misdemeanor. In addition, the executive director of the
authority is hereby authorized to terminate the water service, for the duration of the
emergency, to any person convicted of such violation.
E. In addition to the penalties set forth in subsection D, above, the authority
and the executive director may impose penalty charges on any person violating any
provision of this section. Such penalty charges shall be in an amount determined by the
authority and shall be imposed on the violator's next water bill. If a violation continues
after a notice of violation has been issued, or if such penalty charges are not paid when
due, the executive director of the authority is authorized to terminate the water service
and take any additional measures authorized by law.
Persons who have been assessed a penalty charge shall have the right
to challenge the assessed charge by providing a written notice to the executive director of
the authority within ten (10) days of the date of the assessment of the penalty charge.
The executive director or his designee shall determine whether the penalty charge was
properly assessed and notify the complaining person in writing of his determination. Any
person aggrieved by the decision of the executive director may appeal that decision to a
committee of the authority's board by filing an appeal in writing within five (5) days of
notice of the executive director's decision. The executive director or his designee, or
upon appeal, the committee of the authority's board, may waive the penalty charge if it is
determined that the violation occurred due to no fault of the person. Water service shall
not be terminated during the pendency of any appeal.
F. Nothing in this section shall be construed to prohibit the authority and its
executive director from rescinding any orders issued thereunder when the conditions
creating the need for such orders have abated.
G. Nothing in this section shall be construed to prohibit the authority and its
executive director from exercising any and all powers and taking any and all actions
authorized by the Virginia Water and Waste Authorities Act, Virginia Code 15.2-5100,
''
et al.
(Ord. 00-16(1), 8-2-00; Ord. 02-16(E)(1), 9-11-02; Ord. 02-16(2), 10-9-02)
State law reference--Va. Code 15.2-924.
''
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Agenda Item No. 12. Public hearing to consider adoption of an ordinance to establish that a
violation of Executive Order Number 33, issued by the Governor of Virginia on August 30, 2002, shall be
enforced by the County of Albemarle and be deemed a Class 3 Misdemeanor, such being previously
established by Emergency Ordinance Number 02-E(1) on September 4, 2002. (Notice of this public
hearing was advertised in the Daily Progress on September 23 and September 30, 2002.)
Mr. Tucker said that on August 30, 2002, the Governor of Virginia issued Executive Order Number
33, Declaration of a State of Emergency Due to Extreme Drought Conditions Throughout the
Commonwealth. On September 4, 2002, the Board adopted an Emergency Ordinance establishing that a
violation of the Executive Order is a Class 3 Misdemeanor and directed that the restrictions be enforced in
the County. The Emergency Ordinance is valid for no more than 60 days. An Ordinance to continue to
provide that the Executive Order can be enforced in the County has been advertised and set for public
hearing tonight.
Mr. Tucker said the proposed Ordinance provides that a violation of the Executive Order is a Class
3 Misdemeanor and will be enforced by the County for the duration of the emergency established by the
Governor's Executive Order. The restrictions imposed by the Albemarle County Service Authority for
persons served by the public water system operated by the Authority are in addition to those established by
the Executive Order and will continue to be enforced pursuant to County Code Section 16-500.
At this time, Ms. Thomas opened the public hearing. With no one from the public rising to speak,
the public hearing was closed, and the matter placed before the Board.
Ms. Thomas said she understands that most localities have not taken this action. Mr. Davis said
that in most localities, the drought has not had as significant an impact as it has had in Albemarle. Although
people support the Governors efforts, they have not felt it necessary to actively enforce the Order. His
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Order allows enforcement to be a voluntary measure.
Mr. Rooker said he believes the water situation here is more dire than in a lot of communities.
October 9, 2002 (Regular Night Meeting)
(Page 35)
Mr. Martin said he had worked in Louisa, Greene and Culpeper counties this past week, and none
of those counties have taken the measures Albemarle has taken. He then offered motion to adopt
Ordinance No. 02-a(3), An Ordinance Establishing That a Violation of Executive Order Number 33 Issued
by the Governor of Virginia on August 30, 2002, Shall Be a Class 3 Misdemeanor in the County of
Albemarle, Virginia.
The motion was seconded by Mr. Rooker. Roll was called, and the motion carried by the following
recorded vote:
AYES: Mr. Perkins, Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin.
NAYS: None.
(Note: The ordinance, as adopted, is set out in full below.)
ORDINANCE NO. 02-A(3)
AN ORDINANCE ESTABLISHING THAT A VIOLATION OF EXECUTIVE ORDER
NUMBER 33 ISSUED BY THE GOVERNOR OF VIRGINIA ON AUGUST 30, 2002
SHALL BE A CLASS 3 MISDEMEANOR IN THE COUNTY OF ALBEMARLE, VIRGINIA.
WHEREAS, the Honorable Mark R. Warner, Governor of the Commonwealth of
Virginia, issued Executive Order Number 33, Declaration of a State of Emergency Due to
Extreme Drought Conditions Throughout the Commonwealth, effective August 30, 2002;
and
WHEREAS, Section C of Executive Order Number 33 prohibits any person or
household who utilizes surface waters or ground water in Albemarle County from
watering lawns, washing vehicles, filling swimming pools, and irrigating golf courses with
the following exceptions: commercial car washes, pools used by health care facilities for
patient care and rehabilitation, and watering of golf course tees and greens between the
hours of 8:00 p.m. and 8:00 a.m.; and
WHEREAS, Section C of Executive Order Number 33 further provides that
Albemarle County may establish, collect, and retain fines for a violation of the restrictions
promulgated therein; and
WHEREAS, the Board of Supervisors of Albemarle County finds that a violation
of Executive Order Number 33 should parallel a violation of Albemarle County Code
Section 16-500, Conservation of Water During Emergencies, and be enforced as a Class
3 Misdemeanor; and
WHEREAS, on November 7, 2001, the Board of Supervisors of Albemarle
County declared that there was a water supply emergency in Albemarle County arising
from a shortage of water in the urban service area of the County; and
WHEREAS, the Board of Supervisors now finds that a water supply emergency
exists throughout the County for all public water and groundwater resources; and
WHEREAS, the Board of Supervisors previously adopted the provisions of this
ordinance to enforce the water restrictions imposed by Executive Order Number 33 on an
emergency basis by adopting Ordinance Number 02-E(1) on September 4, 2002.
NOW, THEREFORE, BE IT HEREBY ORDAINED THAT:
Section 1. Finding of an Emergency.
It is hereby determined and found that a state of emergency, as proclaimed in
Executive Order Number 33 issued by the Honorable Mark R. Warner, Governor of the
Commonwealth of Virginia, effective August 30, 2002, continues to exist due to extreme
drought conditions in the County and throughout the Commonwealth, and it is further
determined and found that a local state of emergency exists in the County of Albemarle
due to the current water level of the County's public water supply resources and surface
waters and ground water resources which has created a water supply emergency in the
County.
Section 2. Violation of Restrictions.
It shall be a violation of this Ordinance for any person to use water, or allow or
cause the use of water in violation of any restriction on the use of surface waters or
ground water set forth in Section C of Executive Order Number 33 issued by the
Honorable Mark R. Warner, Governor of the Commonwealth of Virginia, effective August
30, 2002, or as it thereafter may be amended, and any such violation shall be deemed a
Class 3 Misdemeanor in the County of Albemarle. Each day during which a violation
exists shall be deemed a separate offense.
Section 3. Power of County Executive.
October 9, 2002 (Regular Night Meeting)
(Page 36)
The County Executive is authorized and directed to enforce the restrictions in
Albemarle County by utilizing County employees and resources as he deems necessary.
Section 4. Effective Date of Ordinance.
(a) This Ordinance shall take effect immediately.
(b) This Ordinance shall supersede Ordinance Number 02-E(1) adopted as
an Emergency Ordinance on September 4, 2002, provided, however,
nothing herein shall be construed to affect, limit, or rescind any actions
taken pursuant to that Emergency Ordinance.
(c) The provisions of this Ordinance are severable, and the enforceability of
any provision in the Ordinance, as determined by a court of competent
jurisdiction, shall not affect the enforceability of any other provision of this
Ordinance.
_______________
Agenda Item No. 13. Resolution to Governor requesting declaration of local emergency,
Discussion of.
Mr. Davis said the Board, at its last meeting, requested staff to draft a resolution for this purpose.
Virginia Code Section 44-146.16(6) allows this Board to petition the Governor to declare a water resource
emergency in Albemarle County that would enable Albemarle County to be given different treatment than
other counties that do not have a local emergency. The resolution which was drafted sets forth the
circumstances that currently exist in Albemarle County. In addition, the County Engineer has provided him
an information sheet which is a draft of a supporting document that may be attached to the resolution. If the
Board adopts the petition, it will be at the Governors discretion as to whether or not he feels there is
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sufficient evidence and the need for a local emergency at this time.
Mr. Martin asked what has been done to make it known to the Governor and others officially, that it
would like some expediency to things like getting the bladder on the reservoir, or the possible dredging
during this period of drought, etc. If a letter is going to the Governor, he thinks it should include some
expediency.
Mr. Bowerman said the request to build the Buck Mountain Dam was made to a different
administration in Washington. He thinks the request should be made again. Mr. Tucker said the permitting
process is to the Federal Government, DEQ must be involved. The RWSA has been making people in
Washington aware of the problems here. They are trying to expedite that issue. The Corp of Engineers
has to deal with the dredging question. RWSA was told today that there may be a response within the next
week.
Mr. Bowerman asked if letters had been sent to the two senators and representatives to raise their
awareness. Mr. Tucker said RWSA is working directly with the regulators themselves. Sometimes writing
to the legislators just complicates things.
Ms. Thomas said on behalf of this Board she had offered to Mr. Larry Tropea any political help that
might be necessary. He is holding off on that since dealing with the regulatory people directly seems to be
working. She understands that DEQ will go along with it if the Army Corps of Engineers does. Mr. Tucker
said that is correct. The State is okay with it, only approval of the Corps is needed for the dredging.
Mr. Rooker said for the public he will say that adding a bladder to the dam is part of a long-term
plan to increase capacity in the South Fork by four feet. Dredging will not increase water in the reservoir
now because there is a lack of supply coming into the facility. It would be a lot less expensive to dredge
now while the water level is down. In some places the silt is above the water level.
Ms. Thomas said some local contractors have figured out a way to do it. They have gotten
information from across the nation as to ways dredging has been done. Mr. Rooker said a landowner has
come forward and said his land can be used for storage of the silt
Ms. Thomas said she cant imagine any other community having a landowner come forward with
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such an offer. She mentioned that even though this is not a public hearing she had promised that the
Board would take comments tonight on this resolution. She then summarized its content.
Mr. Steve Blaine said he was present speaking for the association of homebuilders. He said the
association wants to continue working with community leaders under these extreme conditions. A lot of
conservation has been achieved voluntarily and it is in addition to the restrictions. The association wants to
express grave concerns about the narrow portion of this measure. For the first time the County is singling
out a particular industry. In this case, these homeowners who may not be current constituents of the Board
members, but they may need water connections in order to move into their homes. In considering this
action, they hope the Board will understand some of its ripple effects and consequences. The construction
industry is about a $380.0 million industry in the community and accounts for over 3000 jobs.
October 9, 2002 (Regular Night Meeting)
(Page 37)
Mr. Blaine said the mere prospect of being able to place a restriction on connections to wells, or the
ACSA cutting off water taps, has put a cloud on the industry for a lender, an investor, or a builder starting
the construction process. This specter over their businesses will have an impact on their business even if
the request to the Governor is not approved. They have seen no information about what impact the denial
of well permits would have on conservation. They feel it would be minimal. He said this request is quite
extraordinary. He understands from the Governors Office that they can find no precedent for this action.
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He said the Boards information establishes a case for an emergency. The measures discussed tonight are
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not applicable to the short-term. Are there other extraordinary measures that should be requested of the
Governor, including FEMA declarations, or seeking funds through the Virginia Resources Authority? They
think this targets one sector of the community when everybody has been in this together.
Mr. Timothy Hulbert, President and Chief Executive of the Charlottesville Regional Chamber of
Commerce, spoke next. He said they represent more than 1200 businesses and organizational members
who together employ 45,000 people. That represents an annual payroll of $1.3 billion. They are proud to
be associated with the realtors and homebuilders. He said the Chamber has just conducted a survey and
found that four out of five of their members are actively engaged in conservation at work and 75 percent at
home. Four out of five members say their revenues have decreased because of the water emergency, but
they say they will not lay off their workers. He said the Chamber is concerned about the uncharted territory
of this request to the Governor. They are very concerned that in the attempt to do all the good things that
are being done voluntarily, and with restrictions, this needs to be done in an even-handed way. When using
a word like moratorium and prohibition it sends a psychological shock not only to this industry but to
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many other industries. He urged the Board to go cautiously and not adopt the resolution. The Chamber
believes this is an unwarranted and unprecedented step.
Mr. Doug Kingma, a small custom home builder, came to make two requests. First, he thinks that
if the Board is asking for this power, it intends to use that power. He asked that it not be done before the
Board has very accurate estimates of how much water would be saved with this action. Also, an equally
accurate estimate of the number of jobs it would cost is needed. Second, he suggests that this action will
not fall on him or other members of their industry, but the brunt of this action will be felt by the people who
can least afford it, the people who will be put out of work. His small business accounts for the livelihood of
about 20 people. Those people will not come and speak, so he asks that the Board members envision
those people.
Ms. Thomas pointed out that the ACSA already has the power to do what is being requested by the
County, i.e., to prohibit the connection of any new construction if the prohibition is deemed necessary to
preserve and sustain the water supply. She said this resolution requests that the County have the same
ability the ACSA has. The ACSA has not used that power, and it should note be assumed that if the County
had that power, it would use it either. Right not, the County does not have the ability to deal equally with its
citizens. Those persons using groundwater cannot be dealt with in the same way as those persons using
public water. This is an attempt to get the ability to be even-handed.
Mr. Rooker said he thinks there is good reason to petition the Governor. If circumstances get much
weaker than they are today, the Board would have the power to deal with that segment of the population
that is not hooked to public water. There is a big leap between this petition and passing an ordinance that
would create a moratorium. Since no one knows how the Governor will respond, or how long it will take
him to respond, he thinks the prudent thing to do is to obtain the authority so if circumstances get worse the
Board has the power to do so.
Mr. Martin said he agrees. The idea of refusing hookups to new homes is an idea that really
repulses him. It is an extreme idea. The South Fork reservoir is at 52 percent of capacity now. Plans are
being made to deal with long term needs. That has been on-going for a long period of time. The property
at Buck Mountain was bought. About five years ago the Board reviewed about 120 different alternatives,
and it was narrowed down to putting a four-foot bladder on the South Fork, and dredging. Right now there
is a need to deal with this drought. He thinks it will start raining soon and there will be a snowy winter, and
all of this will disappear. But, if it does not rain and if this drought continues and the reservoir level drops to
40 percent, to 30 percent, etc., and along the way Chris Greene Lake is drained, and other possible lakes
are drained to extend the time, and it still does not rain, that is why the Board should proceed with this
request. The Board does not know if the Governor will ever give it this authority. If this authority is received,
it only puts the Board in a situation where it can take advantage of that authority if circumstances are dire.
He said that his moving forward on this comes with a promise that he would only support using this power in
extreme circumstances.
Mr. Bowerman said he would like to add one thing about hook-ups. If 500 homes are added to the
urban water supply each year, most people will agree that is about one percent of the current demand.
Over five years that is five percent. If this drought persists over a long period of time, not only is storage
capacity needed, but demand must be reduced also. To allow new connections at a time when there is a
crisis situation does not make any sense. He knows the ramifications are wide and sadly not in the best
interest of the community in the way of jobs, etc., but if the water supply is exhausted, he does not know
what the community will do. It is only prudent to look at demand measures and supply measures. That is
why it is a serious issue and it is possible the measures could be used, but circumstances would have to be
very dire.
Mr. Perkins said he looks at the building industry as just another industry in the community. When
other industries have to cut back, then the building industry will be asked to cut back, but he does not think it
should be singled out. He agrees with everything that has been said, but they have to be treated fairly just
like any other water user in the County.
October 9, 2002 (Regular Night Meeting)
(Page 38)
Mr. Martin and Ms. Thomas agreed.
Mr. Rooker said he does not disagree. One of the things which he has been asked with respect to
the general public is why existing customers can be asked to cut back when new customers are allowed to
tap into the resource. When existing customers are asked to cut back to a dire level, it is a tough question
to answer.
Mr. Perkins said he was asked the same question about how people could move into the County
ten days ago and be allowed to vote and influence what will happen in this community. The water is the
same, it belongs to everybody.
Mr. Bowerman said if this drought continues, everybody will be out of water.
Ms. Thomas asked for a motion.
Mr. Rooker offered motion to adopt the following resolution and a send petition to the Governor.
Mr. Bowerman gave second with the inclusion of the supporting data, a copy of which was handed to the
Board members earlier in the meeting.
Mr. Dorrier said he would support the motion although he is reluctant to enact any mandatory
measures unless the situation gets a lot worse.
Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Perkins, Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin.
NAYS: None.
(Note: The resolution, as adopted, is set out in full below.)
RESOLUTION
TO PETITION THE GOVERNOR
TO DECLARE A LOCAL EMERGENCY
Whereas, Virginia Code Section 44-146.16(6) provides that a local emergency
arising wholly or substantially out of a resource shortage may be declared only by the
Governor of the Commonwealth of Virginia upon petition of the local governing body; and
Whereas, due to a severe and sustained drought, the County of Albemarle faces
a local emergency arising wholly or substantially out of a shortage of surface and ground
water; and
Whereas, the Governor issued Executive Order Number 33, Declaration of a
State of Emergency Due to Extreme Drought Conditions Throughout the Commonwealth,
effective August 30, 2002, which included the County of Albemarle within the Governor's
emergency area and which placed restrictions on the use of surface and ground water;
and
Whereas, conditions unique to the County of Albemarle threaten the need for or
necessitate additional action to prevent or alleviate the damage, loss, hardship, or
suffering caused by the severe shortage of surface and ground water in the County; and
Whereas, this local emergency necessitates that the County of Albemarle
manage its ground water resources in the same manner that the County or the
Albemarle County Service Authority can manage the public water system water
resources; and
Whereas, a water supply emergency has been declared in the County of
Albemarle by the Board of Supervisors of Albemarle County pursuant to the authority in
Virginia Code Section 15.2-924 and Albemarle County Code Section 16-500 and,
pursuant to this declaration, the Albemarle County Service Authority has imposed
significant water use restrictions and is considering the imposition of more severe water
use restrictions in order to preserve a sufficient water supply for the citizens of the County
during the water emergency; and
Whereas, without a declaration by the Governor of a local emergency the
County lacks authority to effectively regulate the use of ground water resources; and
Whereas, ground water is a principal source of drinking water and stream
replenishment in the County and as aquifers become depleted then water levels in
surface water reservoirs, springs and wells used for the County's water supply will be
lowered and be at great risk; and
Whereas, the best information available projects that the below-average rainfall
experienced in the last three winters, rainfall that is crucial to water supply replenishment,
will continue to be below-average this winter and will further stress already depleted
surface and ground water resources; and
October 9, 2002 (Regular Night Meeting)
(Page 39)
Whereas, the County of Albemarle's and the City of Charlottesville's combined
public drinking water supply has now dropped to a dangerously low 53% of capacity and
well failures in the County are projected this year to exceed 400% of the record number
recorded in the first year of the drought in 1999; and
Whereas, unless significant and sustained rainfall occurs the public water supply
is projected to continue to decline to catastrophic levels and the number of well failures
will exceed the historic numbers already recorded; and
Whereas, the state-wide mandatory restrictions and voluntary conservation may
not accomplish the necessary conservation of water to sustain the water supply
necessary for the citizens of the County of Albemarle until the drought has ended; and
Whereas, the declaration by the Governor of a local emergency in Albemarle
County and the grant of authority to the County to restrict the nonessential use of ground
water during the declared water shortage emergency is vital to the County's authority to
take appropriate action to protect the public health, safety, and welfare in response to this
water shortage emergency.
Now, Therefore, Be It Resolved that the Board of Supervisors of the County of
Albemarle, Virginia, hereby petitions the Honorable Mark R. Warner, Governor of the
Commonwealth of Virginia, to declare that a local emergency due to a surface and
ground water shortage exists in the County of Albemarle.
Be It Further Resolved that the Board of Supervisors requests that the
Governor grant it all necessary powers and authority to manage and restrict the use of
surface and ground water resources in the County while the emergency exists including,
but not limited to, the specific authority to restrict the nonessential use of ground water
and to prohibit the connection by any new construction to any surface or ground water
source if such prohibition is deemed necessary to preserve and sustain the water supply
necessary for the citizens of the County of Albemarle currently using the surface water or
ground water supply.
_______________
Agenda Item No. 14. From the Board: Matters Not Listed on The Agenda.
Ms. Thomas said she will be representing the Board at a meeting of the High Growth Coalition to
be held with the Governor on Friday, October 11, 2002. They will be asking that the Governor not let the
General Assembly do more damage to local government, particularly in a time when there is no money to
help out local government.
__________
Ms. Thomas said City Council is going to prioritize the Countys road projects. The MPO will
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continue to discuss that with them. She does not believe any member of this Board has changed their view
as to the Countys priorities. The best thing to come out of this will be a much heightened realization by the
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City about transportation issues that the County has been aware of for a long time. It was not the County
which stopped the extension of Hillsdale Drive. She thinks the City is gaining recognition of some
transportation issues that will be good to work on as a community. The major issue is to get increased
State support for a study of the Route 29 intersections, with an eye to interchanges at appropriate places.
The MPO would like to get the University of Virginias new North Grounds connector into the discussion
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because that will be a major new intersection that could be done right the first time if it were approved.
Mr. Martin mentioned a letter received by the Board from Delegate Butch Davies as to some of the
things that could happen if the MPO votes to take the Western Bypass out of the TIP.
Ms. Thomas said the MPO is working with Mr. Davies, meeting with people from Lynchburg, and
are trying to assure everyone that the MPO is not thumbing its nose at regional transportation issues, but
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that it does not think the Western Bypass is the sensible way to tackle those issues. She said that in
preliminary discussions, a lot of people are coming to realize that there are ways to make traffic flow on
Route 29 which do not involve having a bypass.
Mr. Martin said part of his opposition to the Western Bypass has always been based on his belief
that improvements have to be made at Hydraulic Road and Rio Road anyway. He does not want the
community to be in a situation where taking the Bypass out of the TIPs would lead to the community being
snubbed with any intersection issues at Rio and Hydraulic. He trusts the Countys representatives on the
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MPO to do this in a way that the focus can be on what will be the main transportation issues, and at
whatever point it looks like we double lose, that they will realize that it is a loss for the whole community.
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Otherwise, Ms. Thomas and Mr. Rooker should do what they feel is necessary.
Mr. Boweman said he spoke with someone today who suggested that if the Bypass is kept in the
TIP and Federal funds remain available, some of those funds might be redirected to the interchanges.
Ms. Thomas said in this community VDOTs attention and money have been put into the Bypass,
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both the designing of it, and buying of the property. In stockpiling the money for that project, there has not
been the money or the interest to do the things which will actually help the community. For the first time
that she can remember, this locality has a CTB member who is really interested in that. This is the first time
October 9, 2002 (Regular Night Meeting)
(Page 40)
she has felt optimistic about what can happen.
Mr. Martin said Ms. Thomas and Mr. Rooker will know when the double whammy might fall.
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There are dicey times and he is trusting them to pull the County through so there is no double whammy
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and there is a single whammy or no whammy at all.
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Ms. Perkins said what Mr. Davies said in his letter made a lot of sense.
Mr. Rooker said the problem over a number of years has been the lack of funds. There is about
$35.0 million sitting in a fund to buy rights-of-way for the Bypass which virtually everybody acknowledges
will never be built. One of the questions is the possibility of retrieving the funds which are just sitting in
unproductive use at this time. One of the problems is that the properties the State bought are not being well
maintained. He does not think those properties will appreciate in value in the future because of this
maintenance. Those are dead assets. If the comprehensive transportation study goes forward, he hopes it
will find solutions in the corridor that work.
Ms. Thomas said the City, on its own motion Monday night, said they would micro-manage that
study. It cant proceed that way. There will have to be some discussion about that.
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__________
Ms. Thomas said Monticello High School has put together a video about water. It is a product of
the students using their video capabilities. It lasts about 10 minutes, and will be shown now if Board
members wish to stay and review it.
_______________
Agenda Item No. 15. Adjourn. With no further business to come before the Board, the meeting
was adjourned at 8:51 p.m.
________________________________________
Chairman
Approved by the Board of County
Supervisors
Date: 03/05/2003
Initials: EWC