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ACTIONS Board of Supervisors Meeting of December 11, 2013

December 12, 2013

AGENDA ITEM/ACTION

ASSIGNMENT

PODCAST

1. Call to Order.

Meeting was called to order at 4:05 p.m., by the Chair, Ms. Mallek. All BOS members were present. Also present were Tom Foley, Larry Davis, Ella Jordan and Travis Morris.

Listen

2. Work Session: County’s Five-Year Financial Plan – General Government.

HELD.

3. Recess.

At 5:09 p.m., the Board recessed.

6:00 P.M. – Regular Night Meeting

4. Call to Order.

Meeting was called to order at 6:05 p.m., by the Chair, Ms. Mallek.

Listen

7. Adoption of Final Agenda.

ACCEPTED the final agenda.

8. Brief Announcements by Board Members.

There were none.

9. Recognitions: a. William B. “Petie” Craddock

Chair recognized and thanked Mr. Petie Craddock for his service as the interim member of the Board of Supervisors representing the Scottsville District.

b. Duane Snow

Chair recognized and thanked Mr. Duane Snow for his service as a member of the Board of Supervisors representing the Samuel Miller District.

c. Rodney Thomas

Chair recognized and thanked Mr. Rodney Thomas for his service as a member of the Board of Supervisors representing the Rio District.

d. Ian Buchanan – The First Tee of Charlottesville

On behalf of The First Tee of Charlottesville, Mr. Phillip Seay congratulated and recognized Mr. Ian Buchanan for his selection and participation in the Nature Valley First Tee Open at Pebble Beach.

e. Albemarle High School/VSA Charlottesville Albemarle.

Albemarle High School students and VSA participants, Tanner Wood, Joshua Rocker, Shannon Flanagan and Daniel Blick presented Supervisors with books of poetry.

10. From the Public: Matters Not Listed for Public Hearing on the Agenda.

Rodney Rich expressed his concerns on closing the Ivy Landfill.

Rit Venerus, a resident of the Walnut Hills Subdivision, spoke on the denial of claims filed with the Airport blasting company.

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11.1 SDP-2011-1. Hollymead Town Center Area A-1 Sarah Baldwin: Proceed as

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Special Exception to Authorize Variations from the Application Plan and Proffers Associated with ZMA2010-14.

APPROVED Variation Request #1 to reduce the square footage of Building J, while reserving the remaining square footage for future development, and to change the parking lot configuration and the number of parking spaces as described in the Executive Summary and consistent with the Application Plan entitled “Hollymead Town Center Area A-1 Minor Site Plan Amendment,” last revised 11/19/13.

approved.

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11.2 Special exception for: Terra Voice Music Home Occupation Class A, modification of Section 18.5.2.e of the Zoning Ordinance for traffic generation.

APPROVED Special Exception to modify Section 5.2 (e) of the Zoning Ordinance to allow an increase in permitted traffic generation for HO-2013-160 above that allowed by Section 5.2(e), subject to the following condition: 1. No more than 30 clients per week

(Monday through Saturday).

David Benish: Proceed as approved.

11.5 Joint Board of Supervisors/School Board Letter to Legislators, re: support for three issues of concern.

AUTHORIZED the Chair to sign the joint letter on behalf of the Board of Supervisors.

Clerk: Forward letter to County Attorney’s office after Chair’s signature.

12. Pb. Hrg: ACSA-2013-00002. Thomas Jefferson Foundation, Inc. - Albemarle County Service Authority (ACSA) Jurisdictional Area Request.

By a vote of 6:0, APPROVED ACSA-2013-00002 with added additional language.

Clerk: Set out conditions of approval. (Attachment 1)

Listen

13. Pb. Hrg: ZMA-2012-00003. Out of Bounds (Sign #6).

By a vote of 6:0, APPROVED ZMA-2012-00003, Out of Bounds inclusive of the proffers dated November 18, 2013 and signed November 25, 2013 and the Code of Development dated 8/26/2013.

By a vote of 6:0, APPROVED the special exception for a critical slopes modification for ZMA 2012-00003, Out of Bounds as recommended by staff.

Clerk: Set out proffers. (Attachment 2)

Listen

14. Pb. Hrg: ZMA-2012-00004. Avon Park II (Signs #89&91).

By a vote of 6:0, APPROVED ZMA-2012-00004, Avon Park II with proffers dated November 21, 2013 and application plan.

Clerk: Set out proffers. (Attachment 3)

Listen

15. Pb. Hrg: ZMA-2013-000001. The Lofts At Meadowcreek (Sign #15).

By a vote of 5:1 (Rooker), APPROVED ZMA-2013-00001 with revised proffers dated November 11, 2013, code of development and application plan, and APPROVED waiver of Section 20A.8 (a) and (b), Mixture of Uses and Housing Types; waiver of Section 4.12.2 c.1, Number of parking spaces, and waiver of Section 4.2 Critical Slopes of the Zoning

Clerk: Set out proffers. (Attachment 4)

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Ordinance.

16. Pb. Hrg: ZMA-2012-00005. Hollymead Town Center (A-1) (Signs #33&35).

By a vote of 6:0, APPROVED ZMA-2012-00005 with proffers dated October 1, 2013 as directed by staff.

Clerk: Set out proffers. (Attachment 5)

Listen

17. Pb. Hrg: ZMA-2013-00007. North Pointe Amendment (Signs #61&62).

By a vote of 6:0, APPROVED ZMA-2013-00007 with amended proffers dated August 5, 2013 as recommended by the Planning Commission and staff.

Clerk: Set out proffers. (Attachment 6)

Listen

18. Pb. Hrg: ZMA-2013-00002. Pantops Corner (Sign #66).

By a vote of 6:0, APPROVED ZMA-2013-00002, Pantops Corner with proffers dated November 26, 2013.

Clerk: Set out proffers. (Attachment 7)

Listen

19. Pb. Hrg: SP-2013-000015. Mahone Family (Sign #12).

By a vote of 6:0, DEFERRED indefinitely SP-2013-000015.

By a vote of 4:2 (Dittmar/Mallek), APPROVED SP-2013-000015, subject to two conditions.

Clerk: Set out conditions of approval. (Attachment 1)

Listen

20. Pb. Hrg: ZTA-2013-00006. Residential and Industrial Uses in Downtown Crozet Zoning District (“DCD”).

By a vote of 6:0, ADOPTED Ordinance No.13-18(8).

Clerk: Forward copy of signed ordinance to County Attorney’s office and Community Development. (Attachment 8)

Listen

21 From the Board: Committee Reports and Matters Not Listed on the Agenda. Duane Snow:

Spoke on Mr. Rit Venerus’s earlier comments on airport blasting claims.

Rodney Thomas:

Announced that work in Belvedere is moving along and is close to completion.

Jane Dittmar:

Thanked outgoing Supervisors for their service to the County and their help to her.

Listen

22. From the County Executive: Report on Matters Not Listed on the Agenda.

There were none.

23. Adjourn to December 12, 2013, 3:00 p.m., Room 241.

At 10:00 p.m., the meeting was adjourned.

ewj/tom Attachment 1 – Conditions on Planning Items Attachment 2 – Proffers – ZMA-2012-00003. Out of Bounds Attachment 3 – Proffers – ZMA-2012-00004. Avon Park II Attachment 4 – Proffers – ZMA-2013-00001. The Lofts At Meadowcreek Attachment 5 – Proffers – ZMA-2012-00005. Hollymead Town Center (A-1) Attachment 6 – Proffers – ZMA-2013-00007. North Pointe Amendment Attachment 7 – Proffers – ZMA-2013-00002. Pantops Corner Attachment 8 – Ordinance No. 13-18(8)

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ATTACHMENT 1

CONDITIONS OF APPROVAL

ACSA-2013-00002. Thomas Jefferson Foundation, Inc. - Albemarle County Service Authority (ACSA) Jurisdictional Area Request. Amendment of the ACSA Jurisdictional Area boundary shall provide limited service as follows: 1. Sewer service to the Monticello Main House area, including the main house, president’s house, staff offices,

original gift shop, restrooms and other existing structures on the property on December 10, 2013 consistent with the approved application plan for the Monticello Historic District (TMP 78-22).

2. Sewer service to the Visitor Center (also TMP 78-22 and 23) and other existing structures on the property on December 10, 2013 consistent with the approved application plan for the Monticello Historic District, and a map correction to the Jurisdictional Area Map to include the visitor center site for water service.

3. Water and sewer service to Kenwood House (International Center for Jefferson Studies) (TMP 92-01), future administrative campus and other existing structures on the property on December 10, 2013 consistent with the approved application plan for the Monticello Historic District (TMP 78-25).

4. Water and sewer service to the Robert Smith Center at Montalto and other existing structures on the property on December 10, 2013 consistent with the approved application plan for the Monticello Historic District (TMP 77-31).

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SP-2013-000015. Mahone Family (Sign #12). 1. The proposed subdivision of Tax Map 89 Parcel 62B shall only be permitted as a “family subdivision” as

provided by Chapter 14 of the Albemarle County Code; and 2. The family division period to retain the property, as provided by Chapter 14 of the Albemarle County Code,

shall be extended to thirty (30) years.

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ATTACHMENT 2

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ATTACHMENT 3

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ATTACHMENT 4

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ATTACHMENT 5

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ATTACHMENT 6

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ATTACHMENT 7

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ATTACHMENT 8

ORDINANCE NO. 13-18(8) 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, is hereby amended and reordained as follows: By Amending: Sec. 20B.2 Permitted Uses By Adding: Sec. 20B.8 Residential uses allowed by special use permit; additional factors when considering special use

permits

Chapter 18. Zoning

Article III. District Regulations

Section 20B. Downtown Crozet District – DCD Sec. 20B.2 Permitted Uses

The following uses shall be permitted in the DCD, subject to the regulations in this section: A. By right uses; retail and service. The following retail and service uses are permitted by right:

1. Antique, gift, jewelry, notion and craft shops. 2. Automobile, truck repair shops excluding body shops. 3. Barber, beauty shops. 4. Clothing, apparel and shoe shops. 5. Commercial recreation establishments including, but not limited to, amusement centers,

bowling alleys, pool halls and dance halls. 6. Convalescent homes (reference 5.1.13). 7. Convenience stores. 8. Department stores. 9. Drug stores, pharmacies. 10. Factory outlet stores, clothing and fabric. 11. Farmers’ markets (reference 5.1.47). (Amended 5-5-10) 12. Feed and seed stores (reference 5.1.22). 13. Financial institutions. 14. Fire extinguisher and security products sales and service. 15. Florists.

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16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and wine and cheese shops.

17. Funeral homes. 18. Furniture and home appliances sales and service. 19. Hardware stores. 20. Health spas. 21. Hotels, motels and inns. 22. Indoor athletic facilities. 23. (Repealed 12-11-13) 24. Laundries, dry cleaners. 25. Musical instrument sales and repair. 26. New automotive parts sales. 27. Newspaper publishing. 28. Newsstands, magazines, pipe and tobacco shops. 29. Nursing homes (reference 5.1.13). 30. Office and business machines sales and service. 31. Optical goods sales and service. 32. Photographic goods sales and service. 33. (Repealed 12-11-13) 34. Restaurants. 35. Retail nurseries and greenhouses. 36. Service stations. 37. Sporting goods sales. 38. Tailors and seamstresses. 39. Temporary construction headquarters and temporary construction storage yards (reference

5.1.18). 40. Tier I and Tier II personal wireless service facilities (reference 5.1.40). 41. Tourist lodging. 42. Visual and audio appliances. 43. Laboratories/Research and Development/Experimental Testing.

B. By right uses; office. The following office uses are permitted by right:

1. Offices.

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2. Temporary construction headquarters and temporary construction storage yards (reference

5.1.18).

C. By right uses; public and civic. The following public and civic uses are permitted by right:

1. Churches. 2. Clubs, lodges (reference 5.1.02). 3. Conference centers, outdoor auditoriums, public art or kiosks. 4. Cultural arts centers. 5. Day care centers (reference 5.1.06). 6. Water, sewer, energy and communications distribution facilities. 7. Fire, ambulance and rescue squad stations (reference 5.1.09). 8 Libraries. 9. Outdoor performance areas. 10. Parking structures and stand alone parking structures (reference 4.12 and 5.1.41). 11. Private schools. 12. Public uses (reference 5.1.12). 13. Temporary construction headquarters and temporary construction storage yards (reference

5.1.18). 14. Theaters, live and movie, including multi-screen movie theaters.

D. By right uses; residential. The following residential uses are permitted by right, provided that the

first floor of the building in which the residential use exists is designed for and occupied only by a use permitted by subsections 20B.2(A), (B), (C) or (E):

1. Apartments, either as a single-family dwelling or as a multiple-family dwelling. 2. Attached single-family dwellings such as townhouses. 3. Boarding houses. 4. Condominiums. 5. Group homes (reference 5.1.07). 6. Tourist lodging within detached single-family dwellings existing on June 4, 2008. 7. Dwellings occupied by the owner or employees of a permitted commercial use, and their

families (reference 5.1.21). 8. Family day homes (reference 5.1.56). (Added 9-11-13)

E. By special use permit; non-residential uses. The following non-residential uses are permitted by

special use permit:

1. (Repealed 12-11-13)

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2. (Repealed 12-11-13) 3. (Repealed 12-11-13) 4. Car washes. 5. (Repealed 12-11-13) 6. (Repealed 12-11-13) 7. Drive-through windows. 8. Energy and communications transmission facilities (reference 5.1.12). 9. Hospitals. 10. (Repealed 12-11-13) 11. (Repealed 12-11-13) 12. Preparation of printing plates including typesetting, etching and engraving. 13. Stand-alone parking (reference 4.12). 14. (Repealed 12-11-13) 15. Tier III personal wireless service facilities (reference 5.1.40). 16. Towing and storage of motor vehicles (reference 5.1.32). 17. Veterinary offices and animal hospitals. 18. Storage/Warehousing/Distribution/Transportation. 19. Manufacturing/Processing/Assembly/Fabrication and Recycling.

F. By special use permit; residential uses. The following residential uses are permitted by special use

permit without the restriction on first floor uses required by subsection 20B.2(D), provided that there is no other use permitted by subsections 20B.2(A), (B), (C) or (E) on the same lot:

1. Apartments, either as a single-family dwelling or as a multiple-family dwelling. 2. Attached single-family dwellings such as townhouses. 3. Boarding houses. 4. Condominiums. 5. Detached single-family dwellings 6. Group homes (reference 5.1.07). 7. Tourist lodging within detached single-family dwellings existing on June 4, 2008. 8. Dwellings occupied by the owner or employees of a permitted commercial use, and their

families (reference 5.1.21). 9. Family day homes (reference 5.1.56). (Added 9-11-13)

G. Accessory uses and structures. Accessory uses and structures are permitted, including but not

limited to: (i) home occupations, Class A and Class B (reference 5.2) for primary residential uses;

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(ii) storage buildings for primary residential and non-residential uses; (iii) outdoor performance areas for primary cultural arts center uses; and (iv) prototype manufacturing for research and development uses.

Sec. 20B.8 Residential uses allowed by special use permit; additional factors when considering special use

permits

In evaluating a request for a special use permit for a non-residential use under section 20B.2(E) or a residential use under section 20B.2(F), the board shall consider the following factors in addition to those delineated in section 33.8:

A. The proposed use should be consistent with the recommendations for the Downtown area in the

Crozet Master Plan. B. The proposed use and its proposed size should be consistent with the purpose and intent of the

Downtown Crozet District as stated in section 20B.1. C. The proposed use in its location should complement adjacent uses and contribute to a mix of uses

in the Downtown Crozet District. D. Whether the part of the structure in which the proposed use will be located can be converted to

accommodate by right uses in the Downtown Crozet District.