BOARD OF SUPERVISORS

T E N T A T I V E

DECEMBER 2, 2009

9:00 A.M. - AUDITORIUM

COUNTY OFFICE BUILDING

 

 

1.                 Call to Order.

2.         Pledge of Allegiance.

3.         Moment of Silence.

4.         Recognitions:

            a.         VML Go Green Virginia Award.

            b.         Proclamation in Support of Census 2010.

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).

 

9:45 a.m. - Public Hearings:

8.         Ordinance Approving U.S. Route 29 and Hydraulic Road Official Map. Ordinance approving an official map under Virginia Code § 15.2-2233 et seq., depicting the respective locations, centerlines, existing right-of-way widths, and future right-of-way widths of the legally established segment of U.S. Route 29 abutting County Tax Map and Parcel Numbers 61W-3-19B, 61W-3-24 and 61W-3-25, and the legally established segment of Hydraulic Road abutting County Tax Map and Parcel Numbers 61W-3-23, 61W-3-24 and 61W-3-25. 

9.         Proposal to amend the Albemarle County Service Authority Jurisdictional Area to designate properties within the Piney Mountain Development Area for water and sewer service consistent with the Albemarle Comprehensive Plan.  Properties to be included in the ACSA Jurisdictional Area are: Tax Map 32, Parcels 5C, 5C1, 5C2; Tax Map 33, Parcels 1A, 1D, 1D1, 1G, and 14 for “Water and Sewer” service, and Tax Map 33, Parcel 1 for “Water and Sewer service only for the portion of the property zoned PRD as of 12/2/09.” 

10.        ZTA-2009-015. Nonconforming Lots.  Amend Secs. 2.1.4, Reductions of lot areas below minimum prohibited, 3.1, Definitions, and 6.4, Nonconforming lots, of Chapter 18, Zoning, of the Albemarle County Code.  This ordinance would amend and rename Sec. 2.1.4 to clarify the regulations pertaining to reducing the size, width and frontage of lots existing on December 10, 1980 below the minimums standards for those lots under the applicable district regulations; amend Sec. 3.1 to amend the definition of “nonconforming lot” to expressly add lot frontage, width and the presence of a building site as elements determining whether a lot is nonconforming, and to cross-reference the lot requirements of section 4; and amend Sec. 6.4 to change the regulations pertaining to subdivisions, lot combinations and boundary line adjustments involving nonconforming lots, and to reorganize the section. 

11.        09-03(  ) – Agricultural and Forestal Districts - Ordinance to amend Division 2, Districts, of Article II, Districts of Statewide Significance, of Chapter 3, Agricultural and Forestal Districts, of the Albemarle County Code, to continue and establish certain districts, and to add lands to or remove  lands from certain districts, as specified below:

a)         AFD-2009-3; 09-55; 09-59; 09-60. Sugar Hollow AFD – District review and additions. The proposed ordinance would amend Section 3-226, Sugar Hollow Agricultural and Forestal District, to continue the district for all parcels identified in the ordinance, and set the next district review deadline date for December 2, 2019.  It would also add TMPs 27-24A, 27-25 and 39-13C3 to the district, and would remove any parcels for which a request for withdrawal is received before the Board acts on the proposed ordinance.   Notice also is hereby given that the Albemarle County Planning Commission and the Albemarle County Agricultural and Forestal Advisory Committee have recommended approval of the continuation of the district and the above referenced additions.

b)         AFD-2009-4; 09-62; 09-67. Chalk Mountain AFD – District review and additions.  The proposed ordinance would amend Section 3-211, Chalk Mountain Agricultural and Forestal District, to continue the district for all parcels identified in the ordinance, and set the next district review deadline date for December 2, 2019.  It would also add TMPs 97-2 and 97-27 to the district,  identify TMPs 97-21A1, 97-21B1, 97-21C, 97-21D, 97-22A, 97-22B, 97-22C and 98-1G (part) as being in the district (these parcels were created from parcels already in the district), would remove TMPs 97-21, 97-21A, 97-21B, 97-21C, 97-21D and 97-22C from the district, and would remove any other parcels for which a request for withdrawal is received before the Board acts on the proposed ordinance.  Notice also is hereby given that the Albemarle County Planning Commission and the Albemarle County Agricultural and Forestal Advisory Committee have recommended approval of the continuation of the district and the above referenced additions.

c)         AFD-2009-5; 9-18; 09-44; 09-47. Jacob’s Run AFD – District review and additions.  The proposed ordinance would amend Section 3-218, Jacob’s Run Agricultural and Forestal District, to continue the district for all parcels identified in the ordinance, and set the next district review deadline date for December 2, 2019.  It would also add TMPs 20-6J, 30-32B and 31-1B to the district, identify TMPs 31-8E and 31-23K as being in the district (these parcels were created from parcels already in the district), would remove TMPs 31-23, 31-23D and 31-23K from the district, and would remove any other parcels for which a request for withdrawal is received before the Board acts on the proposed ordinance.   Notice also is hereby given that the Albemarle County Planning Commission and the Albemarle County Agricultural and Forestal Advisory Committee have recommended approval of the continuation of the district and the above referenced additions.

d)         AFD-2009-34; 09-48. Batesville AFD – District additions.  The proposed ordinance would amend Sec. 3-207, Batesville Agricultural and Forestal District, of Chapter 3, Agricultural and Forestal Districts, of the Albemarle County Code, to add TMPs 71-29C, 71-29D, 71-29E, 71-29G, 71-29H, 71- 29I and 84-69 to the district.  Notice also is hereby given that the Albemarle County Planning Commission and the Albemarle County Agricultural and Forestal Advisory Committee have recommended approval of the above referenced additions.

e)         AFD-2009-27; 09-45; 09-65. Blue Run AFD – District additions.  The proposed ordinance would amend Sec. 3-208, Blue Run Agricultural and Forestal District, of Chapter 3, Agricultural and Forestal Districts, of the Albemarle County Code, to add TMPs 35-41A, 35-41E  and 49- 4A1 to the district. Notice also is hereby given that the Albemarle County Planning Commission and the Albemarle County Agricultural and Forestal Advisory Committee have recommended approval of the above referenced additions.

f)          AFD-2009-25; 09-57. Buck Mountain AFD – District additions.  The proposed ordinance would amend Sec. 3-209, Buck Mountain Agricultural and Forestal District, of Chapter 3, Agricultural and Forestal Districts, of the Albemarle County Code, to add TMPs 8-37, 8-43A, 8-44 and 17-2D6 to the district.  Notice also is hereby given that the Albemarle County Planning Commission and the Albemarle County Agricultural and Forestal Advisory Committee have recommended approval of the above referenced additions.

g)         AFD-2009-20; 09-29; 09-40; 09-53; 09-66; 09-71; 09-73. Buck’s Elbow Mountain AFD – Creation of district.  The proposed ordinance would add Section 3-209.5 Buck’s Elbow Mountain Agricultural and Forestal District, to Chapter 3, Agricultural and Forestal Districts, of the Albemarle County Code, to establish the Buck’s Elbow Mountain Agricultural and Forestal District, which will be composed of TMPs 25-1, 38-4, 38-7, 38-8, 38-10, 38-20, 39-1, 39-1F, 39-1F1, 39-1G, 39-2B, 39-8, 39-10A and 39-21Q. Notice also is hereby given that the Albemarle County Planning Commission will hold a public hearing on this application on December 1, 2009 and the Albemarle County Agricultural and Forestal Advisory Committee have recommended approval of the creation of the above referenced district. 

h)         AFD-2009-11; 09-12; 09-37; 09-46; 09-50; 09-51; 09-52; 09-64. Carter’s Bridge AFD – District additions.  The proposed ordinance would amend Sec. 3-210, Carter’s Bridge Agricultural and Forestal District, of Chapter 3, Agricultural and Forestal Districts, of the Albemarle County Code, to add TMPs 102-17C, 112-1, 114-2, 114-57, 114-57C, 114-57D, 122-12D, 122-12E, 123-13B and 130-19B to the district. Notice also is hereby given that the Albemarle County Planning Commission and the Albemarle County Agricultural and Forestal Advisory Committee have recommended approval of the above referenced additions.

i)          AFD-2009-36; 09-69; 09-70. Eastham AFD – District additions.  The proposed ordinance would amend Sec. 3-212, Eastham Agricultural and Forestal District, of Chapter 3, Agricultural and Forestal Districts, of the Albemarle County Code, to add TMPs 46-91B, 46-91C and 46-91E to the district. Notice also is hereby given that the Albemarle County Planning Commission and the Albemarle County Agricultural and Forestal Advisory Committee have recommended approval of the above referenced additions.

j)          AFD-2009-43. Fox Mountain AFD – Creation of district.  The proposed ordinance would add Section 3-212.5 Fox Mountain Agricultural and Forestal District, to Chapter 3, Agricultural and Forestal Districts, of the Albemarle County Code, to establish the Fox Mountain Agricultural and Forestal District, which will be composed of TMP 15-10A. Notice also is hereby given that the Albemarle County Planning Commission and the Albemarle County Agricultural and Forestal Advisory Committee have recommended approval of the creation of the above referenced district. 

k)          AFD-2009-23; 09-26; 09-38; 09-41. Free Union AFD – District additions.  The proposed ordinance would amend Sec. 3-213, Free Union Agricultural and Forestal District, of Chapter 3, Agricultural and Forestal Districts, of the Albemarle County Code, to add TMPs 7-33, 16-15C, 16-37, 29-1D and 29-31A to the district. Notice also is hereby given that the Albemarle County Planning Commission and the Albemarle County Agricultural and Forestal Advisory Committee have recommended approval of the above referenced additions.

l)          AFD-2009-39. Hardware AFD – District additions.  The proposed ordinance would amend Sec. 3-214, Hardware Agricultural and Forestal District, of Chapter 3, Agricultural and Forestal Districts, of the Albemarle County Code, to add TMP 74-6N to the district. Notice also is hereby given that the Albemarle County Planning Commission and the Albemarle County Agricultural and Forestal Advisory Committee have recommended approval of the above referenced addition.

m)        AFD-2009-56. High Mowing AFD – District additions.  The proposed ordinance would amend Sec. 3-216, High Mowing Agricultural and Forestal District, of Chapter 3, Agricultural and Forestal Districts, of the Albemarle County Code, to add TMP 84-69A to the district. Notice also is hereby given that the Albemarle County Planning Commission and the Albemarle County Agricultural and Forestal Advisory Committee have recommended approval of the above referenced addition.

n)         AFD-2009-63. Ivy Creek AFD – District additions.  The proposed ordinance would amend Sec. 3-217, Ivy Creek Agricultural and Forestal District, of Chapter 3, Agricultural and Forestal Districts, of the Albemarle County Code, to add TMPs 44-19, 44-19A, 44-19B, 44-21A1 and 44-21A2 to the district. Notice also is hereby given that the Albemarle County Planning Commission and the Albemarle County Agricultural and Forestal Advisory Committee have recommended approval of the above referenced additions.

o)         AFD-2009-28; 09-49. Keswick AFD – District additions.  The proposed ordinance would amend Sec. 3-219, Keswick Agricultural and Forestal District, of Chapter 3, Agricultural and Forestal Districts, of the Albemarle County Code, to add TMPs 48-30, 48-30A, 48-30B, 48-30C, 48-30D and 48-30E to the district. Notice also is hereby given that the Albemarle County Planning Commission and the Albemarle County Agricultural and Forestal Advisory Committee have recommended approval of the above referenced additions.

p)         AFD-2009-16; 09-17; 09-54. Kinloch AFD – District additions.  The proposed ordinance would amend Sec. 3-220, Kinloch Agricultural and Forestal District, of Chapter 3, Agricultural and Forestal Districts, of the Albemarle County Code, to add TMPs 49-5C, 49-6A1 and 50-13 to the district. Notice also is hereby given that the Albemarle County Planning Commission and the Albemarle County Agricultural and Forestal Advisory Committee have recommended approval of the above referenced additions. (Defer public hearing to December 9, 2009.)

q)         AFD-2009-22; 09-24; 09-42; 09-58. Lanark AFD – District additions.  The proposed ordinance would amend Sec. 3-221, Lanark Agricultural and Forestal District, of Chapter 3, Agricultural and Forestal Districts, of the Albemarle County Code, to add TMPs 92-64C,  103-2B, 103-43D, 103-43F and 103-43J to the district. Notice also is hereby given that the Albemarle County Planning Commission and the Albemarle County Agricultural and Forestal Advisory Committee have recommended approval of the above referenced additions.

r)          AFD-2009-08; 09-09; 09-10; 09-35; 09-61; 09-68; 09-74. Moorman’s River AFD – District additions.  The proposed ordinance would amend Sec. 3-222, Moorman’s River Agricultural and Forestal District, of Chapter 3, Agricultural and Forestal Districts, of the Albemarle County Code, to add TMPs 29-45, 29-45H1, 29-45H2, 29-78A1, 30-23, 43-1F, 43-2A1, 44-31H and 60E3-1 to the district. Notice also is hereby given that the Albemarle County Planning Commission will hold a public hearing on this application on December 1, 2009 and the Albemarle County Agricultural and Forestal Advisory Committee have recommended approval of the above referenced additions.

s)         AFD-2009-13; 09-14; 09-15; 09-30. South Garden AFD – District additions.  The proposed ordinance would amend Sec. 3-210, South Garden Agricultural and Forestal District, of Chapter 3, Agricultural and Forestal Districts, of the Albemarle County Code, to add TMPs  99-35, 109-70, 110-8 and 110-18E to the district. Notice also is hereby given that the Albemarle County Planning Commission and the Albemarle County Agricultural and Forestal Advisory Committee have recommended approval of the above referenced additions.

t)          AFD-2009-06; 09-07; 09-21; 09-72. Yellow Mountain AFD – District additions.  The proposed ordinance would amend Sec. 3-228, Yellow Mountain Agricultural and Forestal District, of Chapter 3, Agricultural and Forestal Districts, of the Albemarle County Code, to add TMPs 54-41, 54-43, 54-43A,

54-43D, 70-15G and 71-22K to the district. Notice also is hereby given that the Albemarle County Planning Commission and the Albemarle County Agricultural and Forestal Advisory Committee have recommended approval of the above referenced additions.

 

11:00 a.m. - Action Items:

12.        Establish Emergency Medical Services (EMS) Cost Recovery Billing Rates.

13.        Work Session:  Five Year Financial Plan.

 

14.        Closed Meeting.

15.        Certify Closed Meeting.

16.        Boards and Commissions:

            a.         Vacancies/Appointments.

 

2:00 p.m. – Transportation Matters

17.        a.         VDOT Monthly Report.

            b.         Hatton Ferry - Acceptance of donation from VDOT and transfer to nonprofit entity.

            c.         Transportation Matters not Listed on the Agenda.

 

2:30 p.m. – Public Hearings:

18.        ZTA-2009-017. Fees. Amend and renumber Sec. 35.0 (to 35.1) , Fees; amend, renumber and rename Sec. 35.1 (to 35.2), Fee reduction, and add Sec. 35.3, Fee refunds, of Chapter 18, Zoning, of the Albemarle County Code.  This ordinance would amend and reorganize the Zoning Ordinance’s fee regulations and increase existing fees, impose new fees, and change but not necessarily increase other fees, for listed applications, permits, reviews, approvals, inspections and other services provided by the County in the administration of Chapter 18.

19.        ____ 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. 

 

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

 

Recess and Reconvene in Room 241

 

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

21.        Call to Order.

22.        Capital Improvements Program (CIP) Oversight Committee Recommendations.

23.        Proposed Voluntary Early Retirement Incentive Plan (VERIP) Amendments.

24.        FY 2010-11 Budget Issues:

            a.         Financial Forecast

            b.         Compensation

            c.         Health Care Premiums

 

25.        From the Boards:  Matters Not Listed on the Agenda.

26.        Adjourn.

 

 

 

C O N S E N T   A G E N D A

 

 

FOR APPROVAL:

 

7.1        Approval of Minutes:  August 5, September 9, October 14 and October 16, 2009.

 

7.2        Safe Routes To School Resolution of Support for Infrastructure Grant Application for Crozet Elementary School area.

 

7.3        Adoption of Charlottesville-UVA-Albemarle Emergency Operations Plan.

 

7.4        Resolution - Acceptance of FY 2008-09 landowners’ offers to sell conservation easements.

 

7.5        Resolution - Urban Development Area (UDA) Certification for Albemarle County Comprehensive Plan with Section 15.2-2223 of the Virginia Code. (Remove from agenda)

 

7.6        Resolution to accept the addition and discontinuance of a portion of Route 20 (Scottsville Road), VDOT Project #0020-002-126,C501,B-608.

 

7.7        Resolution - Free State Road.

 

7.8.       Resolutions of intent to amend the Subdivision and Zoning Ordinances to allow for the subdivision of existing parcels with multiple dwellings on them.

 

7.9        FY 2010 Appropriations.

 

7.10      Resolution authorizing County Executive’s execution of contract to purchase property necessary for construction of the Downtown Crozet Stormwater Management project.

 

7.11      Resolution to accept road(s) in Bending Branch Subdivision into the Secondary System of State Highways.

 

7.12      Resolution to accept road(s) in Wayland’s Grant Subdivision into the Secondary System of State Highways.

 

7.13      Resolution to accept road(s) in Red Hill Meadows Subdivision into the Secondary System of State Highways.

 

FOR INFORMATION:

 

7.14      FY 2010 First Quarter Financial Report.

 

7.15      Department of Social Services Quarterly Report.

 

7.16      Copy of 2009 Third Quarter Certificate of Occupancy Report as prepared by the County of Albemarle Community Development Department.

 

7.17      Copy of 2009 Third Quarter Building Report as prepared by the County of Albemarle Community Development Department.

 

7.18      Copy of letter dated November 17, 2009 to Robert W. Tucker, Jr., County Executive, from John J. Davies, III, Commonwealth Transportation Board, re:  Route 691 Widen and Improvement Alignment – Secondary Funds, Albemarle County.

 

7.19      Access Albemarle Status Report.

 

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