BOARD OF SUPERVISORS

T E N T A T I V E

JULY 1, 2009

9:00 A.M., LANE AUDITORIUM

COUNTY OFFICE BUILDING

 

 

1.         Call to Order.

2.         Pledge of Allegiance.

3.         Moment of Silence.

4.         Recognitions:

            a.         Innovation Alliance Award.

            b.         25th Anniversary of the Creation of the Police Department. 

5.         From the Board:  Matters Not Listed on the Agenda.

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

7.         Consent Agenda (on next sheet).

 

9:30 a.m. – Presentations/Information Items:

8.         School Board Chairman, Board-to-Board.

9.         Quarterly Updates:

a.         Albemarle County Service Authority, Gary Fern.

b.         Rivanna Water and Sewer Authority, Tom Frederick.

 

10:30 a.m. - Public hearings:

10.        FY 2010 Budget Amendment.

11.       ____ 09-07(  ) – Health and Safety. Amend Sec. 7-201, Designation of agent, of Article II, Naming of Roads and Numbering of Properties, of Chapter 7, Health and Safety, of the Albemarle County Code, to revise a reference to the County officer designated as the agent under Article II. 

12.        ____ 09-07(  ) – Health and Safety. Amend Secs. 7-100, Purpose and intent, 7-101, Administration and enforcement, 7-102, Applicability, 7-103, Definitions, 7-104, Prohibited noise, 7-105, Prohibited acts enumerated, 7-106, Exempt sounds,  7-107, Complaints of noise, and 7-108, Violation and penalty, of Article I, Noise, of Chapter 7, Health and Safety, of the Albemarle County Code.  This ordinance would amend Sec. 7-100 to establish a new statement of purpose and intent for regulating excessive or unwanted sound; Sec. 7-101 to revise references to county departments and officers authorized to enforce Article I; Sec. 7-102 to revise a cross-reference to chapter 18; Sec. 7-103 to amend, delete and add definitions applicable to Article I; Sec. 7-104 to establish new sound levels produced by acts or devices not addressed in Sec. 7-105  that are a violation of Article I; Sec. 7-105 to establish new sound levels generated by specific acts so as to be a violation of Article I; Sec. 7-106 to clarify that although animal sounds are exempt under this Article, they are subject to the noise regulations in Chapter 4 of the County Code; Sec. 7-107 to clarify a reference to an officer; and 7-108 to delete an obsolete reference.  The current regulations establish violations of Article I if the sound is at a level that annoys or disturbs the quiet, comfort or repose of a person (or terms to similar effect); the proposed regulations would establish a violation of Article I if the sound is audible by a person from specified distances, at specified locations, for specified durations and/or depending on the time of day.     

13.        ZTA-2009-005. Enforcement and Administration. Amend Secs. 3.1, Definitions, and 34.3, Appeal to the board of zoning appeals; amend and rename Secs. 31.1, Enforcement, zoning administrator, and 36.1, Violations; amend, renumber and rename Secs. 31.2.2, Building permits, 31.2.3.1, Certificate of occupancy, 31.2.3.2, Zoning compliance clearance, 31.2.4, Special use permits, 31.2.4.1, Reserved to board of supervisors, 31.2.4.2, Application, 31.2.4.2.1, Limitation of filing new application after original denial, 31.2.4.2.2, Withdrawal of application, 31.2.4.3, Conditions, 31.2.4.4, Revocation, 31.2.5, Review of public uses for compliance with the comprehensive plan, 37.1, Criminal penalty, 37.2, Civil penalty, and 37.3, Injunctive relief and other remedies; repeal Secs. 31.1.1, Enforcement of board of zoning appeals decisions, 31.1.2, Enforcement of minimum requirements, 31.1.3, Interpretation by zoning administrator, 31.2, Permits (heading only), and 31.2.3, Certificates of occupancy; zoning compliance clearance (heading only); and repeal but move substance into new sections Secs. 31.2.1, Permits required; conformance, 31.2.3.3, Authority not to issue certificate of occupancy or zoning compliance clearance, 36.2, Notice of violation, 36.3, Remedies not exclusive, 36.4, Complaints regarding violations; of Chapter 18, Zoning, of the Albemarle County Code.  This ordinance would amend Sec. 3.1 to define several terms commonly used in the Zoning Ordinance; would amend and reorganize Sec. 31.1 and its enumerated subsections by restating the authority of the zoning administrator; would amend and reorganize Sec. 31.2 and its enumerated subsections by clarifying the procedures and standards for the review and approval of building permit applications (new Sec. 31.2), zoning permits (formerly referred to as non-Building Code “building permits”) (new Sec. 31.3), certificates of occupancy (new Sec. 31.4), and zoning clearances (formerly referred to as “zoning compliance clearances”) (new Sec. 31.5), by renumbering those subsections pertaining to special use permits and amending cross-references (new Sec. 31.6), and by  amending the regulations pertaining to review under Virginia Code § 15.2-2232 (new Sec. 31.7); would amend Sec. 34.3 by restating the requirements for appealing a decision to the board of zoning appeals and by adding that an appeal of a decision pertaining to temporary or seasonal commercial uses must be filed within 10 days of the decision if the notice of violation states that the 10-day appeal period applies, rather than the generally applicable 30-day appeal period and by adding that an appeal shall not be processed until the required fee is paid; would amend Sec. 36.1, which delineates acts that are violations of Chapter 18; would amend and reorganize Secs. 36.2, 36.3 and 36.4, pertaining to notices of violation, remedies and complaints regarding violations into a new Sec. 36.2 which establishes the powers and procedures for enforcing Chapter 18; would amend, reorganize and renumber Sec. 37.1, and amend that section to authorize criminal penalties to be sought when civil penalties have reached $5000 and to authorize separate criminal penalties for violations of regulations pertaining to the number of unrelated persons in a single-family dwelling unit (new Sec. 36.4); would amend, reorganize and renumber Sec. 37.2, and amend that section to authorize civil penalties proceedings to be initiated by a ticket in limited circumstances, and to authorize criminal penalties to be sought when civil penalties have reached $5000 (new Sec. 36.3); and would amend and renumber Sec. 37.3 pertaining to injunctive relief (new Sec. 36.5).   

14.        ZTA-2009-006. Accessory structures in required yards.  Amend Secs. 4.11.2, Structures in required yards, 4.11.2.1, Accessory structures, 4.11.2.2, Public telephone booths, and 4.11.2.3, Fences, mailboxes, and similar structures, and add Sec. 4.11.4, Structures within easements, of Chapter 18, Zoning, of the Albemarle County Code.  This ordinance would amend Secs. 4.11.2, 4.11.2.1, 4.11.2.2 and 4.11.2.3 by reorganizing them into a single section, prohibiting accessory structures within required front yards with exceptions, revising the types of structures allowed within required yards currently delineated in Secs. 4.11.2.2 and 4.11.2.3 by deleting signs, which are subject to other yard requirements and adding automated teller machines, and by requiring that accessory structures be physically separated from the primary structure up to 6 feet or it be subject to primary structure yard requirements.  This ordinance would also add Sec. 4.11.4 to prohibit structures within an easement in a way that adversely affects the easement purpose.     

15.        ZTA-2009-007. Temporary construction headquarters and yards. Amend Secs. 3.1, Definitions, 5.1.18, Temporary construction headquarters, yards, 5.1.18.1, Temporary construction headquarters, and 5.1.18.2, Temporary construction yards, of Chapter 18, Zoning, of the Albemarle County Code.  This ordinance would amend Secs. 3.1, by adding definitions of temporary construction headquarters and temporary construction yards, and 5.1.18, 5.1.18.1 and 5.1.18.2, by reorganizing the sections into a single section and amending the regulations pertaining to the duration (by requiring that the use terminate within 30 days after construction of the last building is completed or active construction is discontinued, and eliminating the requirement that construction yards exist for not more than 18 months), location (by clarifying the requirement that the use be located on the same site, rather than the same lot, as the construction and that construction yards be set back from existing public streets and dwellings) and maintenance of temporary construction headquarters and yards, by amending the regulations pertaining to the screening of temporary construction yards, and by authorizing the zoning administrator to approve such uses with a zoning clearance rather than a temporary permit.    

 

11:15 a.m. - Action Item:

16.        Downtown Crozet Stormwater Management.

 

11:40 a.m. - Work Sessions:

17.        ZTA-2008-02. Planned Developments and Neighborhood Model District.

 

18.        Closed Meeting.

19.        Certify Closed Meeting.

20.        Boards and Commissions:

            a.         Vacancies/Appointments.

 

2:00 p.m. – Transportation Matters

21.        a.         VDOT Monthly Report.

            b.         Transportation Matters not Listed on the Agenda.

c.         Route 29 Corridor Program.

            d.         Hatton Ferry.

 

22.        From the Board:  Matters Not Listed on the Agenda.

 

3:15 p.m. - Recess and Reconvene in Room 241

 

3:30 p.m. – Joint Meeting with School Board

23.            a.         Call to Order.

            b.         Policy, re:  School Funding Allocations.

 

24.        Adjourn.

 

 

 

C O N S E N T   A G E N D A

 

 

FOR APPROVAL:

 

7.1        Approval of Minutes:  May 7, 2008; March 3, March 11, March 30, April 1, April 8, April 17, and May 13, 2009.

 

7.2        FY 2009 Appropriations.

 

7.3        Destruction of FY 2004 Paid Personal Property Tax Receipts.

 

7.4        Five Oaks Court Road Name Change.

 

7.5        Resolution to accept road(s) in High View Estates Subdivision into the State Secondary System of Highways.

 

FOR INFORMATION:

 

7.6        Quarterly Resource Management Review Update.

 

7.7        Safer Chemical Management Procedure Update.

 

 

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