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HomeMy WebLinkAbout1995-04-19April 19, 1995 (Regular Night Meeting) (Page 1) A regular meeting of the Board of Supervisors of A Virginia, was held on April 19, 1995, at 7:00 p.m. Meet Office Building, McIntire Road, Charlottesville, Virgin PRESENT: Mr. David P. Bowerman, Mrs. Charlotte Y. Forrest R. Marshall, Jr., Walter F. Perkins and Mrs. Sa ABSENT: Mr. Charles S. Martin. OFFICERS PRESENT: County Executive, Robert W. Tuc Attorney, Larry W. Davis, and County Planner, V. Wayne Agenda Item No. 1. Call to Order. The meeting was 7:06 p.m., by the Chairman, Mr. Perkins. Agenda Item No. 2. Agenda Item No. 3. Pledge of Allegiance. Moment of Silence. Agenda Item No. 4. PUBLIC. Other Matters Not Listed on Mr. ~evin Cox addressed the Board on behalf of tk 000317 lbemarle County, ing Room 7, County ia. Humphris, Messrs. lly H. Thomas. ker, Jr., County Cilimberg. called to order at the Agenda from the e Eastern Albemarle Community Association, and spoke concerning CPA-95-02, Milton Airport "Area B" study. This Association was formed with the assistance of the Monticello Area Community Action Agency (MACAA) and Albemarle HouSing Improvement Program (AHIP). There is a strong need to have better recreational opportunities for young people in the eastern part of the county. One o6 the recommendations in the report is to review the Darden-Towe Park for other potential recreational uses. He wanted to be kept informed and be a part of /he decision-making process. Agenda Item No. 5. Consent Agenda. Mrs. Humph~is made motion, seconded by Mrs. Thomas, to approve items 5.1 through 5.2b, and to accept the other items as information. Roll was called and the m¢,tion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. HuU NAYS: None. ABSENT: Mr. Martin. Item 5.1. Revision to Personnel Policy on Volun Incentive Plan (P-63), was adopted by the above recorde County of Albemarle Personnel Policy SP-63 VOLUNTARY EARLY RETIREMENT INCENTIV~ A. Eligibility Participants in the Albemarle County VERIP must or permanent part-time employees eligible for bel following requirements. Be eligible for early or full retirement und~ Virginia Retirement System (VRS). Part-time same criteria as if covered under VRS. 2. Have been employed by Albemarle County for tt years prior to retirement, be at least 50 yel employed. 3. Employees retiring under the disability provl Social Security shall not be eligible for th, B. Benefits 1. VERIP benefits shall be paid monthly for a p after retirement or until age 65, whichever 2. Benefits under VERIP will be calculated as f, a. Compute the annual VRS benefit. This include any reductions for early VRS r ate. b. Recompute the annual VRS benefit with more years service or the number of ad reach age 65, whichever is lesser. c. The difference between these two calcu annual VERIP benefit to be paid on a m ~hris and Mr. Marshall. ary Early Retirement ~d vote: PLAN e permanent full-time, ~efits, and meet the ir the provisions of the employees must meet the in of the last thirteen ~rs of age and currently sions of VRS and/or VERIP. riod of five years ~omes first. )llows: ~omputation shall ~tirement if appropri- ~he addition of five ~itional years needed to Lations shall be the )nthly basis. April 19, 1995 (Regular Night ~eti~) (Page 2) 3. The County Executive will recommend to the Bc ment to the early retirement benefit after ha the VRS adjustment for retirees. 4. By July 30 of each year, the Board will pay t of the Board's annual contribution toward an insurance as long as the employee is covered If the retiree returns to work in a part-time Albemarle County and chooses to participate care program while receiving VERIP benefits, additional Board contribution toward the ind insurance. 6. VERIP stipends will continue if the retiree part-time position with Albemarle County. C. Application Applications for VERIP must be made to the Count December 1st of the year preceding the fiscal ye~ effect. D. Approval The Board, on the recommendation of the County E~ all those who will participate in the VERIP. E. Duration Once an employee has been approved for VERIP continue without interruption as outlined in quent alterations or deletion of this policy benefits of those who have retired under the~ 2. This policy automatically continues unless discontinue the policy for the year. Amended: August 4, 1993 Item 5.2. Statement of Expenses for the Departm, Commonwealth's Attorney, Regional Jail and Clerk, Circ% of March, 1995, was approved by the above recorded vote Item 5.2a. Proclamation proclaiming April 23 th] National Crime Victims' Rights Week, was approved by t! NATIONAL CRIME VICTIMS' RIGHTS WHEREAS, one violent crime is committed in Am~ teen seconds; and WHEREAS, with thirty-five million Americans v: United States each year, crime victi~ becoming a majority; and WHEREAS, crime victims play an indispensable offenders to justice and, thus, prew violence; and WHEREAS, as a nation devoted to liberty and jl America must plant the seeds of justl restore crime victims' rights; and WHEREAS, harvesting justice over the past two accomplished in part by the millions crime, their families and advocates , and spirit has persevered while confl creasingly violent nation; and WHEREAS, the County of Albemarle Victim-Witne~ Program is joining forces with victil grams, criminal justice officials an, zens throughout Virginia and America tional Crime Victims' Rights Week; NOW, THEREFORE, BE IT RESOLV! that I, Walter F. Perkins, Chairman, Albemarle Board of County Supervisor designate the week of April 23 thz ard an annual adjust- ring been apprised of he employee the amount employee's health by VERIP benefits. position with n the County's health there will be no vidual's health ~turns to work in a Executive prior to the VERIP takes .ecutive, must approve the benefits will this policy. Subse- shall not affect the e provisions. .e Board acts to ~nt of Finance, Sheriff, lit Court, for the month · ough April 29, 1995 as Le above recorded vote: WEEK Irica every six- ctimized in the are rapidly ~ole in bringing ~nting further ~stice for all, .ce to protect and decades has been of survivors of ~hose commitment ~onting an in- ~s Assistance service pro- concerned citi- to observe Na- :D, on behalf of the ~, do hereby ouch April 29, April 19, 1995 (Regular Night Meeting) (Page 3) -~ ~ 1995, as VICTIMS' RIGHTS WEEK in Albemarle, and reaffirms the commitme victims' rights and criminal justice 1995 and throughout the year. Item 5.2b. Proclamation proclaiming April 24 thI Building a Community of Life-Long Learners Week, was a~ recorded vote: BUILDING A COMMUNITY OF LIFE-LONG LE~ WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, we believe that the pursuit of liters is integral to the success and growtk ty; and we believe all workers should have tk acquire the skills needed to adapt t¢ through public and private educations technical, workplace or other progra~ we support existing programs dedicate ing in our community including Albem~ and Community Education, Blue Ridge Second Language, Charlottesville-Alb Education Center, Charlottesville Pu~ Education, Charlottesville-Albemarle every major American business needs t strengthening the connection between work; the County of it to address issues during 000819 ough April 28, 1995 as )roved by the above ,~NERS WEEK cy and learning of our communi- e opportunity to a global economy 1, vocational, s; and d to adult learn- rle County Adult nglish as a marle Technical lic Schools Adult Literacy Volun- teers of America, Jefferson-Madison~Regional Library and Piedmont Virginia Community Coll~ge; and we believe that the expansion of the~e programs is critical to effectively meeting the r.eeds of the growing number of adult learners; an~ ~ be involved in education and NOW, THEREFORE, We, Walter F. Perkins, Ct of the Albemarle Board o~ sors, and David J. Toscaz City of Charlottesville, claim the week of April 28, 1995, as the second A COMMUNITY OF LIFE- WEEK" in the Charlottes~ area, and do call upon ol observe this week with a! grams and other activiti Item 5.3. Copy of Planning Commission minutes f¢ received for information. Item 5.4. Arbor Crest Apartments (Hydraulic Roa¢ Program Report and Monthly Report for the month of Mar~ for information. Item 5.5. Copy of letter dated April 5, 1995 fr( J. Bliley, Jr., Member of Congress, to Mr. Robert W. T~ Executive, re: Section 18 federal funding for transit for information. Item 5.6. Copy of letter dated April 11, 1995 fl Schmidt, Director, Department of Environmental Quality Slaughter, Southern Environmental Law Center, re: exc, tions, was received for information. Item 5.7. Acme Design Technology, Co.'s January operating results, was received for information. Agenda Item No. 6. SP-95-01. Centel Cellular o Public Hearing on a request to construct a communicati support bldgs on 4.154 ac zoned HI at end of Northside Industrial Pk on W sd of Rt 29N approx 0.9 mi N of Rt Dist. (Advertised in the Daily Progress on April 3 and Mr. Cilimberg summarized the staff report which Clerk's office and a part of the permanent records of reviewed this request for compliance with the provisio ~airman, on behalf County Supervi- ~o, MayOr of the do hereby pro- through April ~nnual "BUILDING ~ONG LEARNERS ~ille-Albemarle ~r citizens to ~propriate pro- .~S. ~r March 21, 1995, was Apartments) Bond h, 1995, was received m The Honorable Thomas ~cker, Jr., County programs, was received ~om Mr. Peter W. . to Ms. Katherine E. ~ptional waters nomina- and February 1995, i Charlottesville. ~n tower/antennas & Dr in Northside ;49. TM32,P67. Rivanna April 10, 1995.) is on file in the =he Board. Staff has ~s of Section 31,2.4.1 April 19, 1995 (Regular Night Meeting) of the Zoning Ordinance and recommends approval. Mr. Cilimberg said the Planning Commission at its 1995, unanimously recommended approval of SP-95-01 sub' Mrs. Thomas inquired if the University of Virgini formal response to this proposal. Mr. Cilimberg indic response was sent; however, Mr. Fritz, of the Planning telephone call regarding the application. No concerns time. Mrs. Humphris asked for clarification in the star statement that technology to reduce any multiple powers technology currently is unavailable. Mr. Cilimberg sa~ ing that Centel Cellular does not anticipate satellite available technology for their service for some time. Mr. Perkins opened the public hearing at 7:13 p.~ Mr. Dick Gibson, representing the applicant, said has experienced in the cellular industry has been phen¢ daily sign up rate for cellular telephones is 17,000 pE have been updated to 28,000 new cellular telephone subs telephone numbers assigned, two-thirds are for cellula~ conventional land lines. Cellular and wireless teleco~ of the future. Mr. Gibson further said the portable units transn rate of six-tenths of a watt, and the mobile units at ~ greater signal strength is needed. As users are on the coverage becomes a problem for portable phones. There be closer together in order to provide for continuous Mr. Gibson said batteries are not of sufficient greater than six-tenths of a watt. Benefits of cellul personal safety and convenience, efficient business an( Cellular works on line of sight and units are low-powe~ powered at a maximum of 100 watts per channel compared a television and 100,000 watts for a commercial radio ~ Cellular is at a disadvantage when broadcasting its si~ clear the tops of trees and towers and must be located areas and near population centers. Site requirements which is the center point of an area where there is a need for additional capacity. This site meets all re( rant factors to be considered are visibility and not at such as radio and television. This site is also desigi lack of capacity and blocking due to many signals at oI Mr. Gibson said the project will consist of a 16! 0003,20 meeting on March 28, ect to six conditions. a Research Park had a ated no written Staff, did receive a were expressed at that f report regarding the such as satellite d it is his understand- technology being the growth that Sprint menal. Nationally, the r day. Those figures cribers. Of all the and one-third are for ~munication are the wave ~it a power level at a . rate of three watts. A .fringe of a tower, the ms a need for towers to iortable coverage. .trength to power .r technology include [ county emergency uses. 'ed. Towers are low to 5,000,000 watts for ~tation. However, ~als. Cellular must close to transportation .nclude the search area, Iap in coverage and a [irements. Other impor- !fecting other signals Led to address low or e time. foot pole, Painted slate gray in color with eight antennas and a lighteniIg rod on top. The overall height will be 180 feet. There are no plans fear additional antennas for this site. The site will be unlit located off Roul:e 29 North behind Hall's Body Shop property in a heavy industrial area al~d away from homes. There will also be a twelve by twenty-eight foot equiprtent building and an eight foot security fence. Centel Cellular will occup], 1,525 square feet of space. There will be some'visual impact from Route 29 North, but it will be minimal due, in part, to heavy woods surrounding the a~ea. Mr. Gibson said the health issue should not be a concern. There are over 15,000 towers in the United States and never has t:here been any scien- tific evidence that radio waves transmitted by the town,rs pose any threat to humans. He said cellular towers do not interfere with other types of communi- cation such as radio and television. It is considered to be of minimal concern according to scientific documents. In closing, the requirements for the special use permit and the application have been s~tisfied along with the Staff's and Planning Commission's recommendations of a])prOval. Mr. Gibson asked for Board support and said he would respond to ally questions. Mrs. Humphris asked Mr. Gibson about the availab satellite technology. Mr. Gibson responded that Centel satellite communication business. The technology is n~ ly to consumers and is not offered by cellular carrier; is an expensive technology. Another reason is a lack satellites now in space. Ms. Humphris also asked about the character of c~llular technology and whether additional stand-alone towers were likely. Col future multiple towers, visual impact, and the impact.. Gibson reported each individual area needed to be rev~ will take care of the Route 29 North Corridor. There and in Ruckersville. Based on engineering data availal provide continuous coverage in the Route 29 North Corr Mrs. Humphris asked about the concern expressed popping up every six miles in an area. Mr. Gibson sai the number of towers in a corridor. Mrs. Humphris ask ~lity/unavailability of Cellular is not in the )t available commercial- because of cost. It )f caPacity due to :hat towers will be there is a limit on ~d why the calculations %cern was expressed over )f other damage. Mr. ~wed. This application ~re sites on Rio Road Dle, these sites will [dor. April 19, 1995 (Regular Night Meeting) (Page 5) were not done. Mr. Gibson said most towers would be travel and near where they live. The demand will be of the County where there are few dwellings or major concerns were also expressed that two more towers may South· Mr. Marshall asked about increasing the battery tenths of a watt telephone· Mr. Gibson said bigger which lengthens the usable time, but will not provide watt is increased by more than six-tenths, safety phones are an issue, The trend is to not go in this 00032 . places where people in the remote areas · Major needed on Route 29 ize needed for the six~ teries can be used greater boost. If the rns regarding portable rection. Mr. Marshall pointed out if someone wanted the ~xtra wattage, the multiple unit could be used instead of the hand-held p~°ne. This way the number of towers needed would be reduced. Convenience seems to be a big motivator in using these Phones. Mr. Gibson said this is true, but these phones are needed for business as well as pleasure, challenge is once a user takes the multiple unit phone out of the car, he is still limited to the six-tenths of a watt. It is not in Centel 's best interest to build lots of towers. It costs approximately $1.0 ion to build one tower. Centel Cellular responds to this demand for services. Other telephone compa- nies can share and use the same tower. Sprint favors his and is working with other companies in a share agreement. Mrs. Humphris reiterated the number of towers ne ded on Route 29 North. Two additional towers are planned on Route 29 South, proposed landfill tower on Interstate 64 West as well as two more towers needed on 1-64 East. Concern was expressed about branching out into other c¢.rridors. Mr. Gibson said he could not predict the future but the current pa )osed towers are the only ones in the long range plan. At 7:16 p.m., with no further comments from the ublic, the public hearing was closed. Mrs. Thomas said one of the Planning Commissione's thought that a work session on future communication towers should be preset before the Board took action on any more of them. Mr. Cilimberg that nothing was scheduled due to a lack of relevant information for : work session. Information about technology and anticipation in terms of locations would need to be known first. Meetings with Centel Cellular have indicated numbers and possible locations, but have not really brought anythiz to a decision point for the Commission and Board's consideration. Mrs. Thomas expressed concern over the possible of future towers and their locations. At this time, Ms. Suzanne Berry asked if she cou d speak. The Chairman agreed. Ms. Berry said she lives on the west side of Cha ~lottesville and is concerned about the proliferation of towers as well as complaints being made aboUt the tower on 1-64 at Camp Holiday Trails. She s~Lid additional informa- tion is needed as to how many satellite dishes would be connected to the tower. She also said if Centel Cellular owns property the north side of the City of Charlottesville, more towers may be installed. Instead of looking at each individual parcel, the Board needs to look at the whole picture. Motion was then offered by Mr. Marshall, seconde~ by Mr. Bowerman, to approve SP 95-01 subject to the following conditions: 1. Tower height shall not exceed 200 feet; 2. Compliance with Section 5.1.12 of the Zoni Ordinance; 3. There shall be no lighting of the tower unl.ess required by a federal agency. All tower lighting shall )e shielded so as to minimize visibility from the ground; 4. Staff approval of additional antennae inst~llation. No adminis- trative approval shall constitute or imply support for or approval of, the location of additional towers, ant, , etc., even if they may be part of the same network s' as any antennae administratively approved under this secti, 5. The tower must be designed and adequate )aration provided to property lines such that in the event of s~ructural failure, the tower and components will remain within lease area; 6. Tower shall be located within lease area sl own on Attachment C (copy on file); and 7. The tower shall be disassembled and remove from the site within 90 days of the discontinuance of the use o the tower for cellular communication purposes. Roll was called and the motion carried by the fo lowing recorded vote: April 19, 1995 (Regular Night Meeting) (Page 6) i.. ~. AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Hun NAYS: None. ABSENT: Mr. Martin. Agenda Item No. 7. SP-95-02. Crestar Bank. Puk request to modify & expand drive-in windows for existi~ Property of 1.2 ac zoned CO & EC located.in NE quadrant TM61,P123A. Rio Dist. (Advertised in the Daily Progres 10, 1995.) Mr. Cilimberg summarized the staff report which Clerk's office and a part of the permanent records of reviewed this request for compliance with the provisio of the Zoning Ordinance and recommends approval. Mr. Cilimberg said the Planning Commission at its 1995, unanimously recommended approval of SP-95-02 sub' The Chairman opened the public hearing at 8:00 p Mr. Steven Wisensale, representing Crestar Bank, dispose of the Old Crestar Bank Building. The land and back to the developer when the premises are vacated. obtained through a merger with the former Jefferson Sa% tion. Currently, Crestar occupies 3,000 square feet or was renovated in January. The new building is larger service facility than the other branch. Crestar wants level of drive-through service and also improve the service side. These improvements were the major reasor a more prominent location at Rio Road and Route 29 Nort service drive-through lanes at the existing branch and be provided at the new location. Parking and landsca Mrs. Thomas asked if the automatic teller machin up or a drive-through. Mr. Wisensale said the machine through with a night deposit next to it. Consideratio~ walk-up if traffic at the drive-through warrants such. There being no further comments, the public hear~ Motion was offered by Mr. Bowerman, seconded by ~ approve SP-95-02 subject to the following condition re( Planning Commission: AYES: NAYS: ABSENT: 1. Modification of the drive-in lane entrance traffic is permitted or that clear signage are placed to indicate the intended direct~ Roll was called and the motion carried by the fo~ Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. HuT None. Mr. Martin. Agenda Item No. 8. SP-95-04. Centel Cellular Cot ville. Public Hearing on a request to construct a co~ tower/antennas & support bldgs on 302 ac zoned PO% & EC Landfill. Samuel Miller Dist. (Advertised in the Dail and April 10, 1995.) Mr. Cilimber9 summarized the staff report which Clerk's office and a part of the permanent records of reviewed this request for compliance with the provisio~ of the Zoning Ordinance and recommends approval. Mr. Cilimberg said the Planning Commission at it~ 1995, by a vote of four to one, recommended denial of The Chairman opened the public hearing. Mr. Bowerman asked the applicant, about the heig Road. Mr. Gibson replied 250 feet. The proposed rowe size of the tower on Rio Road.. Mr. Gibson said the need for this facility is th the facility at the airport in terms of service it wil cally, there is a two to three mile dead spot at the r facility, if approved, would fill in the dead spot and ous portable coverage for the western corridor. The 1 solid coverage all the way to the western part of the reducing the height, it will sacrifice coverage somewh be scratchy portable coverage at the western boundary ooO z2 )hris and Mr. Marshall. .ic Hearing on a g Crestar Bank. of Rt 29/Rio Rd. s on April 3 and April s on file in the he Board. Staff has s of Section 31.2.4.1 meeting on March 28, ~ct to one condition. said Crestar intends to · building will revert 'he new building was 'ings and Loan Associa- · the first floor, which .nd more of a full to continue the same erior of the commercial is for the move. It is .h. There are two full the same service will ~ing will be improved. ~ (ATM) would be a walk- would be a drive- is being given to a ng was closed. Irs. Humphris, to ~ommended by the such that two-way and pavement markings .on of vehicle travel. .lowin9 recorded vote: ~hris and Mr. Marshall. party of Charlottes- ~unication TM73,P28 is the Ivy ~y Progress on April 3 ~s on file in the :he Board. Staff has ~s of Section 31.2.4.1 ~ meeting on March 28, iP-95-04. It of the tower on Rio would be one-half the same as the need for provide. Specifi- st stop on 1-64. This would provide continu- ~0 feet will provide ~ounty. However, by · t but there would still Df the County. Due to 000 323 April 19, 1995 (Regular Night Meeting) (Page 7) ........... ~?~'~'f~~<~"~.~'~ concern being expressed by neighbors regarding ~ visibility, the height of the tower was reduced. However, there are no other sites available to Centel Cellular in this area. There seems to be a Planning Commission's recommendations and the Zoning Ordinance recommends obtaining a Certificate of an entrance corridor. When Centel Cellular was ation was given to selecting an area that would be 64. The Architectural Review Board (ARB) has been approval for this project. lict between the · The Zoning iateness if located in for an area, consider- visible from I- ~fied and recommended Mr. Gibson further said during the Commission some of the neighbors expressed concern the tower would be visible from their homes. The Commission suggested moving the tower closer to 1-64. :er much searching, the Ivy County Landfill was the only property in the agreement was reached to lease the land. This is not The coverage objective is to provide portable coverage between Camp Holiday Trails and the Bucks Elbow site in description is now reduced to 140 feet overall. The t¢ It will be painted a rust brown due to the backdrop of will be no dishes on this tower initially. It will be approximately 2,100 feet from 1-64 and in a corner of It will be located approximately 500 feet from the nea! located in the 1-64 area. In addition, there will be and security fence. Mr. Gibson said a visibility study was conducted report indicated the tower would not be visible except hills between the tower and 1-64 going east. Traveline not be visible at any point due to the elevated median~ should not be an issue. Mr. Gibson presented photogra~ other visual aspect from neighbors located to the east due to the topography of the area. Due to the many ro] coverage, a person may see the tip top of the tower on] also be minimal due to the distance people live from ti least three-quarters-of-a-mile or a mile away. The to] 18 inches in diameter. This will not be a lit facilit' night will not be a factor. Mrs. Thomas said she thought the tower had to be sight, so if a person cannot see the tower, how does i~ phones. Mr. Gibson said line of sight does not mean t! Line of sight refers to a radio wave communication. Th~ depend upon the atmosphere for refraction in order to when radio waves are beamed out, they are in lines tha! horizon and up. The waves cannot proceed around a cor! Mr. Larry Bickens of Sites Unlimited, distribute( acquisition, consideration is given to eliminating pro! area. Considerations include whether elevations are t¢ ity, utilities to the site and location to single fami~ search area is about a two-and-one-half-mile diameter ~ search area being at 1-64, westbound lane, at the rest The site was chosen for its road accessibility and eas~ The request for adding a road from Route 637 was deniei entered from inside the landfill. Properties in this to choose from, Residents expressed concern that thei decrease because of the proposed tower. The tower loc~ prime example that property values will not decrease. Mr. Perkins asked if the tower could be located Landfill that has been closed. Mr. Tucker said he did of those areas would make the tower even more visible located on a field area because of the lack of a Prope: Ms. Barbara Harrath expressed concern about the tower with microwave dishes being in direct line of vi the tower encroachment on the view would, even at the decrease and devaluate property and have a negative im The cost impact in the Ashcroft area is minimal. The area will be above the tree lines with antennas and mi proposed tower does not open any new car phone space. covered by current towers. Alternative means need Cellular needs to handle more calls simultaneously, th placing more dishes on the current towers, or addition. next to the current towers instead of opening a new ar~ Ms. Harrath discussed the need for future plans She asked who will take the towers down once they are what the impact on the environment would be. These is dressed before putting up additional towers. The prop Cellular does not include an environmental impact stud development study of a five mile radius, nor an Envirol Agency (EPA) impact study on using the Landfill site. addressed before the proposal is approved. The commun review from the Federal Communications Commission (FCC for this particular tower. She asked how this would i arch area where an n a residential area. on the 1-64 corridor Crozet. The project wer itself is 125 feet. the mountains. There unlit and located he landfill property. est dwelling, which is n equipment building and the summary of the for one area due to the west, the tower would Visibility from 1-64 hs to the Board. The of the site is minimal ling hills and tree y. Visibility will ~e facility, which is at of the tower will be and visibility at within the line of ~ work for the tele- ~e tOwer has to be seen. .s means it does not ~ranSmit radio waves, so ~ expand along the [er. two maps. During erties in a search ~o low, road accessibil- .y residences. The ~ith the center of the stop on Afton Mountain. access for utilities. , so the site must be ~rea were very limited ~ property values would ~ted near Ashcroft is a That tower is 300 feet. .n the part of the not believe so. Most ~nd it could not be foundation. isibility of a 140 feet ~w. Realtors all agree ~ower height proposed, )act on the property. impact on the proposed :rowave dishes. The All of the area is )e sought. If Centel is can be achieved by ~1 towers can be placed ~a for another tower. ~s technology changes. ~ot needed anymore, and ~ues need to be ad- )sal from Centel ~, an economic land ~mental Protection These issues need to be ity also deserves a to show the necessity npact the proposed (Page 8) Historic Landmarks Plan. There are two historic homes Virginia Landmarks Register, which would be impacted bi Route 637 which accesses the Landfill is also an histo~ is immediately adjacent to the Landfill and the tower m Malvern Farm is not only part of the Virginia Landmarks being considered for the National Register. Another hi Woodstock Hall. Ms. Harrath requested the special use denied until thorough and appropriate studies can be cc questions answered. Mr. David Booth, a neighbor of Ivy Landfill, exp~ dramatic expansion is being proposed at the Ivy Landfi] As of a month ago, the life of the Landfill is expected appears the general attitude is anything goes in the L~ do not care for this type of attitude. An overall use Landfill. This area is not the place for a tower. Mr. Richard Harrath said he is a County resident user. ~He does not approve of the tower and is concernE impact. He does not have a problem with reception. HE in which he received notification about this issue. HJ him. He believes more than the adjacent landowners she ed. Mr. James Helvin said he has lived in the area the attitude just because a person lives near a landfi] also expressed concern about the visual impact of the Mr. Rick Thompston, a resident of Colston, expre tower at Camp Holiday Trails. He would like to see th~ that Centel Cellular did for this tower from 1-64. He appeared overnight and was startling due to its size. and capacity is a concern and as capacity increases, ti towers. He objects to the tower because the Landfill and nothing else is needed in the area. Just because seen, people are still aware it is there. He agrees w~ believes the Board should think carefully before appro~ Ms. Suzanne Berry, a resident who lives on Ragge( concern about the Landfill and the proposed tower. Sh~ and nothing can be done about it. However, the tower The tower is intrusive on the environment. Mr. Gibson briefly addressed the~Board again. H property is located approximately one mile from the to~ the tower will be hard to see and will not be a loomin¢ horizon at a distance. There will be no dishes initia~ say if this would be forever. A realtors poll is~,far involved to give it any reliability. The point about telling if the people there are not even aware of the tower. The tower will be masked by the mountains and into the sky line. The minor visual intrusion to afe to the need for the greater majority to have a service will be minimal. The Landfill is already present and if a tower is there. This is the only available spot application is not approved, there will not be another search area that can be used to provide coverage. Mrs. Humphris asked what would be the diameter Mr. Gibson replied four feet. The antennae at Ashcroft dishes. Ms. Harrath again addressed the Board. Property devalued in Ashcroft. The people are not looking at ti proposed tower will be seen. The tower is in the way the mountains and will be in direct sight of the Blue expressed concern that dishes would be put up later. due to personal testing along the site, which had no b off can be to use car phones rather than hand-held ant, not transmit far enough. Centel Cellular likes hand-h~ its profit making ability. Centel Cellular should be , of telephones that can be easily used. Ms. Harrath sa documented compla~ts,~~ Centel Cellular refusedto Mr. Gibson said it would be extremely unlikely t on the site. He requested the application be amended the application. The study to test the use for the fa mobile portable coverage. The public demand is to use mobile phones. The need for the facility has been ver said the signal levels in the area from existing facil to carry a portable call without interruption and with dropped for the two to three mile area adjacent to the tower was not needed, Centel Cellular would not be spe to install it. The public hearing was closed at 9:14 p.m. 000324 in this district on the this tower. State ic road. Malvern Farm ill be in view. Register but is also storic landmark is permit and the tower be mpleted and all essed concern that a 1 in the near future. . to be 20 years. It ndfill. The neighbors lan is needed for the and a cellular phone d about the visual ~ objects to the manner s neighbor informed ,uld have been contact- rice 1969. He resents 1, anything goes. He ower. ~sed concern over the ~ visual impact studies said this tower He realizes necessity ~is may mean more .s already an eyesore, ~he tower cannot be .th the COmmission and 'ing this request. Mountain, expressed said the dump is there s a different matter. said Ms. Harrath's ~er site. At one mile, [ presence on the .ly, but he could not ~o casual with hearsay ~shcroft is quite ~resence of a 300 foot ~ill not be sticking up residents must yield The visual impact ~hy would anybody care ~or this tower. If the potential site in the the satellite dishes. has no satellite values have not been ~e towers; however, this ~nd will protrude over ~idge Mountains. She ~he tower is not needed tank spots. The trade ~nnae telephones that do ~ld phones because of ~eveloping other types id she requested )rovide information. ~at dishes would be used :o exclude dishes'from =ility was.'done With portable rather than [fied by engineers, who tries are insufficient out the call being rest stop. If the ~ding a million dollars April 19, 1995 (Regular Night Meeting) (Page 9) Mrs. Thomas said Centel Cellular severely misjuds this neighborhood, which consists of historic properti~ eventually be closed; however, the tower will be an eye long time. Just because there is one type of ugliness does not mean that another one should be added. Hotion was then made by Mrs. Thomas, seconded by SP-95-04. Mr. Marshall said he supports the Planning Commie the Supervisors whose district this lies, the adjacent feel an infringement of their rzghts, and he said he wa this community and does not have a problem with phone Roll was called and the motion carried by the fo AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Hun NAYS: None. ABSENT: Mr. Martin (The Chairman called a recess at 9:19 p.m. The 9:28 p.m.) Agenda Item No. 9. SP-95-05. Anthony E. Champ. re~est to allow more than 600 sf for on-premise sale wine. Property on W sd of Rt 674 approx 800 ft S of R Hall Dist. (Advertised in the Daily Progress on April Mr. Cilimberg summarized the staff report which Clerk's office and a part of the permanent records of reviewed this request for compliance with the provisio~ and 5.1.25 of the Zoning Ordinance and recommends appr¢ Mr. Cilimberg said the Planning Commission at it~ 1995, unanimously recommended approval of SP-95-05. The Chairman opened the public hearing. Mr. Richard Carter, representing the applicants, owns over 300 acres on which the winery is to be locat~ approximately 1700 square feet. This use is clean, tourism. Ms. Thomas asked if limiting it to 1750 square Mr. Carter had no problem with that condition. The public hearing was closed at 9:32 p.m. Motion was made by Mr. Marshall, seconded by M: SP-95-05, subject to the following condition: 1. Tasting area shall be limited to 1750 squal Roll was called and the motion carried by the AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Hu~ NAYS: None. ABSENT: Mr. Martin. Agenda Item No. 10. CPA-95-02. Milton Airport A Hearing on a proposal to amend the Albemarle County Col include recommendations of the Milton Airport "Area B" the Three Party Agreement between the County, City of University of Virginia. (Advertised in the Daily Prog April 10, 1995.) Mr. Cilimberg summarized the staff report which Clerk's office and a part of the permanent records of Mr. Cilimberg said the Planning Commission at it 1995, unanimously recommended approval of CPA-95-02. Mrs. Thomas asked what the report meant when it site with an eye to more recreation since the County d ty. She also wanted to know how the Board had any imp the property. Mr. Cilimberg said the purpose of the study is t with the City and University properties that are of jo Part of this process is to identify the potential impo the property and to establish public use for the prope issues. He said he was not implying the County will b property, but the property may have some use for passi 000325 ed the character of s. The Landfill will sore to look at for a in the neighborhood Mrs. Humphris, to deny sion's recommendations, property owners who s born and raised in 'eception in his car. lowing recorded vote: ~hris and Mr. Marshall. Leetin9 reconvened at Public Hearing on a ~nd/or consumption of · 673. TM26,P52. White 3 and April 10, 1995.) .s on file in the :he Board. Staff has Ls of Section 31.2.4.1 ~val. meeting on March 28, said Mr. and Mrs. Champ id. The needed space is ~icultural and promotes ~et would be a problem. :s. Humphris to approve re feet maximum. [lowing recorded vote: ~phris and Mr. Marshall. lea B Study. Public nprehensive Plan to Study as stipulated in ~harlottesville and the ~ess on April 3 and is on file in the ~he Board. meeting on March 21, tated to review the Des not own the proper- act on what happens to identify joint uses int planning interest. rtance and purpose of rty as well as cost purchasing the ye recreational uses and April 19,:1995 (Regular Night (Page 10)~ ~ may even be worth evaluating for other potential inves Mr. Tom Lebach said he is the Capital Budget of Virginia and represents the University on the City Commissions. The surplus of the Milton properties is This past February, the Board of Visitors agreed to procedures under the State system. A letter will be requesting to initiate the procedure. This is a involves obtaining an appraisal of the property and the conveyance to the State, neighborhood and County and archaeological significance of the site will be also has scenic and natural significance. The State process will be initialized. The procedure is other the first opportunity to acquire the property for for the future. for the University County Planning the early stages. ceed with the surplus to the State lengthy procedure that ting it surveyed. In terests, and historic ~sed. The property [1 respond and the agencies will get use. If there is no interest among other State agencies, then the ties (Albemarle County and City of Charlottesville) will have a chance to ac( ire the property at fair market value. If there are no takers at that 1, then the property will be offered for sale to the public. Mr. Marshall asked what the chances were for ting the property. Mr. Lebach replied he did not know how far the on had gone at the University level regarding the property. If the ~ls there is a need for either passive or active recreational use for the the property should be evaluated. Mr. Lebach said, to the best of is knowledge, the University was not interested in making a profit on property. However, the University has legitimate concerns regarding the firing range, which City and County police use. So, if the County did not want the property, the University would like some provision made somewhere else in the County or the City for a new firing range. Currently, the University is using the buildings for storage. If the land is donated outright, the rsity would need to figure out someway of acquiring additional warehouse s .ace or building new warehouses. He indicated that he could not speak for he University in donating property to the County. Mr. Marshall said if the property was to be then maybe the property could be donated and a workable agreement could be reached to where the University could still have some use of the propert '. Mr. Lebach said it was a possibility. Mr. Marshall said sometime in the uture, the property may be used as a park. Mrs. Thomas asked if the property reverted to :State, whether the State would require the purchaser to pay fair market .lue as opposed to donation. Mr. Lebach said the property does not revert, to the State. The University is authorized to make every effort to sell .he property or dispose of it in some.manner. Mr. Marshall asked who had the authority to negc iiate with the County on an agreement for donating the property to the County. Mr. Lebach said the Board of Visitors would be involved and it would also 3~equire some legislative action in Richmond to approve. He also said the initi~tive was started by Governor Allen's administration with the idea of sellii surplus state proper- ties so the state could get money from these propertie~ . In this case, the University would retain the proceeds. Once the land it sold, for example, to a private developer, he/she would need to develop the roperty in accordance to County zoning and land use regulations, of which ~t is located within the floodplain and wetlands. Under current zoning, there Lre 17 residences that are on or near the property. Currently, there is not tremendous market for the property. Mr. Tucker said the University is aware of the ,'s needs and inter~ ests in the property. Mr. Lebach said when the study was started :imately two years ago,. the Provost office was notified and a survey was done. At that time, there were no identifiable research or academic needs for property. However, in the future, if an academic need is identified, the .roperty may be used. The Board of Visitors approved the area to be studied last August, the State asked the property be declared surplused. It i not in the University's interest and there is no initiative on University's part to try and sell the property. The public hearing was opened at 9:50 p.m. Dr. William Orr criticized this area being studi, d. He owns property across the road at the upper part of the Airport property. The property was part of the old Village of Milton and the part he owns was once owned by Thomas Jefferson. He was never told about the study o the area or invited to participate in any way on a committee or to attend any meetings. He indicated this report seemed to be telling people what to do witl consulting the interested parties. Dr. Orr added there were some con:radictions in the report. Contradictions include Milton Airport being 1 in an area characterized by very low density residential. The village of Rivanna is located to the east of the study area and is a designa growth area which contains the Glenmore subdivision and to the west is Heights subdivi- sion. Also inaccurate is the statement that the Stone Robinson recreational facilities are limited due to a small site. He said property would be a 000 April 19, 1995 (Regular Night Meeting) i~?~ (Page 11) · great place for an eastern recreatiOnal park. People are currently swimming in the river because they do not have any other place to go for recreation. There is a little road that can be used for boat access, but the boat would have to be carried about hundred feet to get to the watler. The road is narrow and congested. He dOes not See any need to change th~ Comprehensive Plan fOr this piece of property. He said that on page five of tihe Comprehensive Plan, stipulations were already made, which would cover boat iaccesses, soccer fields, picnic areas, shooting ranges, etc. He feels tlhere is bias and inaccuracies in the report and the property would be v~luable to the County for recreational purposes. He feels the University ~s being premature requesting a change in the Comprehensive Plan. Ms. Patricia Ann Stirmheimer said she is an archaeological intern with the Smithsonian Institute. She worked independently o4 the Milton sight documenting historical and archaeological resources since 1991. The Airport property has several resources that are important. Th~ east end of the eastern runway is a prehistoric Indzan site that was d~scovered and surveyed in 1948. Above the property, there is a dividing line Ifrom an old Thomas Jefferson map that delineates his property line dating iback to 1801. Half of the Airport property originally belonged to Mr. JefferSon. Part of the original Milton tract which incorporated the town of MiltOn had about 124 lots. The town itself was founded in 1789 and disappeared in 1835. ~ I . front Ms. Stirmheimer said there are many resources along the river . This area was very important from the period of 1750-1~89. Passive recre- ational use for the property would be highly recommended; however, any earth movement to provide soccer fields would be highly destructive. The nature of the river has been washing and dumping silt along the ~iverbanks for the past 250 years and sometimes this silt has protected archae61ogical sites. For in- ~ 0 stance, a boat at Milton discovered in September is approximately 50 to 6 feet long and dates back to the 1820's and 1830's. Th~ boat is under 15 feet of silt. Hopefully, it will remain this way until the!proper time and money can be expended to excavate it. There is not a facility in the Commonwealth of Virginia that could handle a boat of thms size nor the money to excavate it. The Airport property is important, and she would ~ot like to see it sold off or granted as surplus. She would like to see it d~dicated to the Greenway. Mr. Dave Wilson said he interested in the development of soccer fields for youth sports programs in the County and the City. He would like some of the property used for soccer fields. The public hearing was closed at 10:03 p.m. Ms. Humphris said tourism is a major component o~ economic development. Historical areas such as Milton are very important to ~lbemarle County. There is a need to be cognizant to historical significance a~ an overriding concern when making a decision. Mr. Marshall asked Mr. Orr if he was opposed to ~his Comprehensive Plan amendment. Dr. Orr said he did not see why the amendm~int is needed when uses are already stipulated in the Comprehensive Plan. Mr. Marshall agreed with Mr. Orr. He would like to make the County's position clear and to prevent a developer from buying ~he land. He would encourage the University to donate the land instead. Mr. Lebach explained that the University wanted ~o include the County early in the process because if the County did have interest in the property, this could be passed on to the State that the locality!has taken a certain position on the property. He said the advantage he se~s to this whole process is letting the State know the value that Albemarle county places on the property. Motion was then made by Mr. Marshall, seconded Mrs. Humphris to approve CPA-95-02, to include the following statement the Comprehensive Plan: Consider the recommendations of the City/County/ Coordination Council's Milton Airport Area "B" S' future planning of the Milton area. Considerati, to the results/recommendations of the Milton his village survey and historic context report, curr, ~iversity Planning and :udy as a guide for )n should also be given ~oric/archaeological ~ntlyunderway. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Hu~ NAYS: None. ABSENT: Mr. Martin. Agenda Item No. 11. Request to amend County Cod to Parks for nonresident County employees. Mr. Tucker said a request was made by staff memb consider amending the County Code by a Resolution rega uphris and Mr. Marshall. to allow resident fees rs for the Board to rding fees that would April 19, 1995 (Regular Night Meeting) (Page 12) allow County employees, who are' nonresid~nts, to attend County parks by paying resident fees rather than nonresident fees as a benefit! to County employees. The Parks and Recreation staff reviewed the impact to t~e fee structure and revenues generated for eliminating alI non-resident fe~s. If this were done, based on the current attendance, approximately $8,000 fin revenues may be lost in non-resident fees However, when only considering ~mployees, it will be insignificant and ha~d to measure any reduction in the !revenUes that are received. Staff is requesting the Board consider adopting a Resolution of Intent to allow the admission of County employees to County parks at the resident rate regardless of domicile. Mrs. Thomas said she had received a telephone ca~l from a resident complaining that County employees were given free passes to attend high school football games. A motion was made by Mrs. Thomas, seconded by MrS. Humphris to adopt a Resolution of Intent to schedule a public hearing to amend the County Code to allow resident fees to parks for nonresident County employees. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Hu~phris and Mr. Marshall. NAYS: None. ABSENT: Mr. Martin. RESOLUTION OF INTENT BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, will hold a public hearing on June 7, 1995, ~t 9:00 a.m. in Room 241 of the Albemarle County Office Building to consider th~ adoption of a Resolu' tion pursuant to Section 14-11 of the County Code; and~ FURTHER establish the fees, rates, and charges f~r non-resident County employees for entry to and use of parks, recreational areas and swimming facilities under the County's jurisdiction shall be th~ same as that for County residents. Agenda Item No. 12. Other Matters Not Listed onlthe Agenda from the Board. t Mr. Tucker announced that this was Jill Giglio's'last meeting due to a job transfer. She will be missed. , Mrs. Humphris expressed concerns regarding the c6mments made at the Commonwealth Transportation Board meeting on April 19,!1995. She said the Commonwealth Transportation Board has not been informe~ by its staff and seemed to be confused about Albemarle County's positio~ regarding the Meadow Creek Parkway. I Mr. Bowerman said construction of the Meadow Cre~k Parkway is critical to solving the transportation needs of Albemarle Count~ and Central Virginia. It is the Board's highest priority in giving this project primary road status. Mrs. Humphris indicated that not constructing th~ Meadow Creek Parkway would add a minimum of 20,000 vehicle trips a day on R6ute 29 North. These cars will not be using a western bypass. The western bypass is going to carry only about 18,000 vehicles a day. If you add the 20,0Q0 to the 55,000 already predicted on Route 29 North in the year 2010, there will be 75,000 vehicles a day on that road. This will be without the Meadow Creek Parkway or the interchanges. She expressed concern that hundreds of ~illions of dollars of taxpayers money are being spent on unnecessary roads because of political agendas, i Motion was then made by Mr. Marshall, seconded b~ Mr. Bowerman that staff be directed to draft a letter for the Chairman's!signature to the Secretary of the Commonwealth Transportation Board andlto each member of the Commonwealth Transportation Board that the Board's number one priority is primary road status for the Meadow Creek Parkway construction in lieu of anything else. I Roll was called and the motion carried by the f°~lowing recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and Mr. Marshall. NAYS: None. ABSENT: Mr. Martin. Mr. Marshall said a press conference will be hel~ on Tuesday, April 25, 1995, at 2:00 p.m., on the front steps of the County O~fice Building. A candidate will announce his/her intent to run for the ~chool Board. Mr. Bowerman said a few months ago, the Board considered co-sponsoring 000;329 April 19, 1995 (Regular Night Meeting) (Page 13) with the Chamber of Commerce and the City of Charlottes would recognize 25 businesses (approximately 50 people) their contribution to the Charlottesville/Albemarle are was discussed, the cost was not provided. It will cost the luncheon. It seems to him that the County's share, a small price to pay to thank companies for their contz community. 'ille, a luncheon that in the community and a. At the time this approximately $750 for which will be $250, is ibutions to the Ms. Humphris stated her concern that this will become a precedent and taxpayer money should not be used to fund these functions. Mr. Bowerman made motion, seconded by Mr. Marshall, to participate and fund one-third of the cost of the luncheon to honor 25 business leaders of the community and their contributions. Roi1 was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mr. NAYS: Ms. Humphris. ABSENT: Mr. Martin. tarshall. Agenda Item No. 13. Adjourn to April 25, 1995, 7:00 p.m. for Joint Public Hearing with School Board. . At 10:51 p.m., Mrs. Thomas made motion, secondedby Mrs. Humphrls, to adjourn to Tuesday, April 25, 1995, 7:00 p.m. for the ~oint Public Hearing with the School Board. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Hu~phris and Mr. Marshall. NAYS: None. ABSENT: Mr. Martin. lhairman