HomeMy WebLinkAbout1994-09-21September 21, 1994 (Regular Night Meeting)
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A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on September 21, 1994, beginning at 7:00 P.M., Room 7,
County Office Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Mr. David P. Bowerman, Mrs. Charlotte Y. Humphris, Messrs.
Forrest R. Marshall, Jr., Charles S. Martin, Walter F. Perkins and Mrs. Sally
Thomas.
ABSENT: None.
OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr.; County
Attorney, Larry W. Davis; and Director of Planning and Community Development,
V. Wayne Cilimberg.
Agenda Item No. 1. The meeting was called to order at 7:00 P.M., by the
Chairman, Mr. Perkins.
Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
Agenda Item No. 4. Other Matters Not Listed on the Agenda from the
Public.
Ms. Daria Brezinski, a resident of 6127 Alberta Drive, Crozet, said on
Monday evening Charlottesville City Council adopted an ordinance to disallow
skateboarding, rollerbladding and rollerskating on the Downtown Mall. There
is no place in the area for the young people to participate in this sport.
For more than a year she has been transporting young people from place to
place in search of a facility where they can skate. Youth who participate in
other organized sports like basketball, baseball and soccer have a place in
which to congregate. She asked the Board to designate a task force to
consider the construction of a skating park within one year. She also asked
the Board to immediately designate a location for skating in the Crozet area.
Ms. Brezinski said the Mayor of the City of Charlottesville told her that the
City would be willing to form a joint venture with the County to work on this
project.
Mr. Tucker indicated that Ms. Amy Smith, Director of the Teen Center, is
looking into this issue and will make a recommendation on how to proceed.
That information will be forwarded to the Board when it is received.
Mr. Jeffrey A. Leach, President of Foreign Language Services, presented a
statement, dated September 15, 1994 (copy on file), requesting the Board to
amend Section 5.2.2.1.c. of the Zoning Ordinance in connection with the
definition of "home occupation". He asked the Board to revise the present
restrictions on business transactions in residential districts to allow free
enterprise with certain reasonable traffic limits, and the Board investigate
the option of an integrated zone during its review of the Comprehensive Plan.
Mr. Martin said at a previous meeting when the Board heard the special
use permit request from Dr. Kuhlman he stated the definition of "home occupa-
tion'' needed to be revised because he thought it was arbitrary. He still
feels that way and asked staff to take a look at this section of the ordinance
and bring back a proposed revision to the language for the Board to consider.
He thinks there are a lot of people in the County who are not in compliance
with the ordinance.
Ms. Betty Hutchinson, operator of the Hydraulic Market/Rock Store at the
intersection of Hydraulic and Rio Roads, asked the Board to do whatever it
could to help her with VDoT. She was originally told that the construction
plans for Hydraulic Road did not include disturbing the entrance to her
property. She has now been informed that the plans for the improvements would
take the entrance and parking area of her property. This store is more than
just a business to her and the issue is more than being compensated by the
state. She has three sets of plans from VDoT; they are all different and all
are presumed to be current. This store means everything to her.
Mr. Bowerman said he has scheduled a meeting with Ms. Angela Tucker, Mr.
Dan Rooseveltf from the Highway Department, and Ms. Hutchinson for next
Thursday to discuss alternatives. He will make a report to the Board at its
October 5th meeting.
Agenda Item No. 5. Consent Agenda. On motion by Mrs. Thomas, seconded
by Mrs. Humphris, items 5.1 and 5.2 were approved and the remaining items on
the consent agenda were received for information. Discussions are included
with the individual agenda items. Roll was called and the motion carried by
the following recorded vote:
AYES:
NAYS:
Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
None.
September 21, 1994 (Regular Night Meeting)
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Item 5.1. Resolution to accept Cling Lane in Crozet Crossing Subdivision
into the State Secondary System of Highways. The following resolution was
adopted, by the above shown vote:
The Board of County Supervisors of Albemarle County, Virgin-
ia, in regular meeting on the 21st day of September, 1994, adopted
the following resolution:
RESOLUTION
WHEREAS, the street in Crozet Crossing Subdivision described
on the attached Additions Form SR-5(A) dated September 21, 1994,
fully incorporated herein by reference, is shown on plats recorded
in the Clerk's Office of the Circuit Court of Albemarle County,
Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of
Transportation has advised the Board that the street meets the
requirements established by the Subdivision Street Requirements of
the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of
County Supervisors requests the Virginia Department of Transpor-
tation to add the road in Crozet Crossing Subdivision as described
on the attached Additions Form SR-5(A) dated September 21, 1994 to
the secondary system of state highways, pursuant to §33.1-229,
Code of Virginia, and the Department's Subdivision Street Re-
quirements;
BE IT RESOLVED, that the Board guarantees a clear and unre-
stricted right-of-way, as described, and any necessary easements
for cuts, fills and drainage as described on the recorded plats;
and
BE IT FURTHER RESOLVED, that the Board hereby guarantees the
performance of Cling Lane, for a period of one year from the date
of acceptance into the Secondary System of Highways, against
defective materials and/or workmanship up to a maximum of $7500;
and
FURTHER RESOLVED that a certified copy of this resolution be
forwarded to the Resident Engineer for the Virginia Department of
Transportation.
The road described on Additions Form SR-5(A) is:
Cling Lane, showing a 50 foot right-of-way, from the end of
previous dedication State Route 1226 (intersection with State
Route 1207), 0.42 mi to the end of cul-de-sac, as shown on
plat recorded on 9/25/92 in Deed Book 1255 on pages 413 to
415 in the office of the Clerk to the Circuit Court of Albe-
marle County. Additional drainage easement plat in deed book
1430, pages 348 to 351. Total length 0.42 mi.
Item 5.2. Appoint Director of Finance and Housing Coordinator as
trustees of the Crozet Crossing Housing Trust Fund. (In an executive summary
from the County Executive, it states that a certain portion of the funds
invested in the Crozet Crossing project has been recaptured and placed in a
trust fund for future affordable housing activities. The fund has been
established and will be administered by the Albemarle County Department of
Finance. Recommendations for funding will be made by a five member board of
trustees. Two of the trustees will be appointed by the County, two by the
Charlottesville Housing Foundation and one by the Albemarle Housing Improve-
ment Program.) Mr. Melvin Breeden, Director of Finance, and Mrs. Lynne
Carruth, Housing Coordinator were appointed as the County trustees for the
Crozet Crossing Housing Trust Fund, by the above shown vote.
Item 5.3. Copies of Planning Commission minutes for August 9, August 16
and August 30, 1994, were received for information.
Item 5.4. Notice of application filed by Traveling Eagle, Ltd., t/a Blue
Ridge Sedan Service, with the State Corporation Commission, for a certificate
as an executive sedan carrier, was received for information.
Item 5.5. Notice of application filed by Commonwealth Gas Services,
Inc., with the State Corporation Commission for approval of pilot programs to
promote the installation of certain high efficiency gas appliances, was
received for information.
5.6. Copy of Statement of Assessed Values for Local Tax Purposes for
Railroads and Interstate Pipeline Transmission Companies, was received for
information.
September 21, 1994 (Regular Night Meeting)
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Item 5.7. Memorandum dated September 8, 1994, from Mr. James D. Camp-
bell, Executive Director, Virginia Association of Counties (VACo), re:
proposed changes to VACo by-laws, was received for information.
Item 5.8. Copy of VACo's Board of Directors minutes for August 14, 1994,
was received for information.
Mrs. Thomas asked if the right-to-farm legislation is something staff is
reviewing. Mr. Davis said staff is looking at various options the County may
want to pursue. A report back with a recommendation will be made to the
Board.
Item 5.9. Copy of Public Involvement Process for the Virginia Department
of Transportation and the Virginia Department of Rail and Public Transporta-
tion, dated October, 1994, was received for information.
Item 5.10. Memorandum dated September 7, 1994, from Mr. V. Wayne
Cilimberg, Director of Planning & Community Development, to Mr. Robert W.
Tucker, Jr., County Executive, re: review of Crozet-Brownsville transmission
water main installation for compliance with Comprehensive Plan, was received
for information.
Item 5.11. Statements Showing the Equalized Assessed Value as of the
Beginning of the First Day of January, 1994, of the Following Properties in
the Commonwealth of Virginia and the State Taxes Extended for the Year 1994,
made by the State Corporation Commission of Virginia, was received for
information: a) Electric Light and Power Corporations; b) Water Corporations;
c) Gas and Pipeline Distribution Corporations; d) Telecommunications Companies
(local exchange telephone services, interexchange services, radio common
carrier systems, cellular mobile radio communications systems and telegraph
services).
Item 5.12. 1993 Development Activity Report prepared by the Department
of Planning and Community Development, was received for information.
Item 5.13. Letter dated September 6, 1994, from the Honorable Mitchell
Van Yahres, Housing of Delegates, to the Honorable Walter F. Perkins, Chair-
man, re: "linked deposit" affordable housing initiative, was received for
information.
Mr. Martin asked for more information on "linked deposit". He thinks it
sounds like a good idea and is something the Board should discuss. Mr. Tucker
said the Housing Coordinator is already looking into this. Staff will provide
some additional information to the Board.
Item 5.14. Copy of letter dated September 14, 1994, from Mr. Robert W.
Tucker, Jr., County Executive, addressed to The Daily Progress, Letters to the
Editor, re: review of Comprehensive Plan, was received for information.
Item 5.15. Memorandum dated September 19, 1994, from Ms. Ellen Daven-
port, VACo, to County Board Chairs, with an attached letter to the Governor on
unfunded mandates, was received for information.
Item 5.16. Memorandum dated September 20, 1994, from Mr. Robert W.
Tucker, Jr., County Executive, re: update on the Gainsharing Program, was
received for information.
Item 5.17. Copy of memorandum dated September 16, 1994, from Dr. Carole
A. Hastings, Acting Superintendent, to Mr. Robert W. Tucker, Jr., County
Executive, re: presentation on site-based management, was received for
information.
Item 5.18. Letter dated September 15, 1994, from Mr. H. Alexander Wise,
Jr., Director, Department of Historic Resources, re: workshops for Virginia
Heritage Tourism Weeks, was received for information.
Item 5.19. Letter dated September 19, 1994, from the Honorable David R.
Gehr, Commissioner, Department of Transportation, re: approval of roads in
Mill Creek, Section 6, into the Secondary System, effective September 19,
1994, was received as follows:
"As requested in your resolution dated July 20, 1994, the follow-
ing additions to the Secondary System of Albemarle County are
hereby approved, effective September 19, 1994:
September 21, 1994 (Regular Night Meeting)
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ADDITIONS LENGTH
MILL CREEK, SECTION 6
Route 1167 (Stoney Creek Drive) - From 0.22 mile Northwest
Route 1168 to Route 1197 0.44 Mi
Route 1195 (Copper Hill Drive) - From Route 1167 to 0.11
mile Northeast Route 1177 0.11 Mi
Route 1196 (Bent Tree Court)
mile Northwest Route 1195
From Route 1195 to 0.07
0.07 Mi
Route 1197 (Whispering Oaks Drive)
0.02 mile East Route 1199
From Route 1167 to
0.15 Mi
Route 1198 (Sagewood Drive) - From Route 1197 to 0.08
mile Southwest Route 1197
0.08 Mi
Route 1199 (arrow wood Drive)
Route 1167
From Route 1197 to
0.28 Mi."
Item 5.20. Memorandum dated September 21, 1994, from Mr. Robert W.
Tucker, Jr., County Executive, re: VACo concerns on Sentencing and Parole
Reform, was received for information.
Mr. Tucker said yesterday he received a fax from the Virginia Association
of Counties (VACo) listing several concerns they wanted County officials to be
aware of and support at the public hearings on Governor Allen's Sentencing and
Parole Reform. A hearing in this area will be held on Monday, September 26,
1994, at Albemarle High School. Mr. Tucker said if the Board is interested in
making some comments at the hearing, staff will prepare a statement outlining
the concerns.
Mrs. Thomas suggested that the statement include the fact that income is
derived from housing federal prisoners. This is an income source for many
local facilities and if state prisoners are overcrowding the jails, that would
decrease the number of federal prisoners and cut down on the income source.
Mrs. Humphris said the statement should also address the problems jails
are faced with due to overcrowding and that localities have no way to deal
with the expanded number of prisoners.
Mr. Perkins said he would present the statement on behalf of the Board.
Agenda Item No. 6. Public Hearing to receive views of citizens within
the school district (Albemarle County) on the appointment of a member to
represent the Charlottesville Magisterial District on the ALBEMARLE COUNTY
SCHOOL BOARD. {Advertised in the Daily Progress on September 5 and September
12, 1994.)
Mr. Wayne Arnason, a resident of the Samuel Miller District, said Luella
(Pynke) Gohaner-Lyles was born in this area and has worked in the community
for 25 years. Mrs. Gohaner-Lyles is acquainted with the 'many issues that
families in the community are faced. She is a parent with a child in the
County School system. He feels that Mrs. Gohaner-Lyles is qualified for this
position on the School Board and especially at a time when the voice of an
African-American on the Board would be welcome. Mrs. Gohaner-Lyles is aware
of the issues that parents are faced in raising a child. She will satisfacto-
rily represent the Charlottesville District, work well with the other members
of the School Board and work well with all segments of the community. She has
a great deal of respect within the community and would be an excellent
addition to the School Board.
An unidentified lady who is a resident of Earlysville said she raised two
children who attended the Albemarle County School system. She supports the
appointment of Mrs. Susan Gallion to the School Board to represent the Char-
lottesville District. Mrs. Gallion would be a fair and open-minded Board
member. She works well with people. She has lived in the area for ten years.
Mrs. Gallion has a degree in Business Finance and is working on her Masters
Degree in Education. She has experience in mortgage banking and has a
financial background. Mrs. Gallion is well trained to handle the budgetary
demands of this position. Mrs. Gallion is skillful in interviewing, evaluat-
ing and hiring personnel. Mrs. Gallion deals objectively and successfully
with students, parents and administration. Mrs. Gallion is skillful at
problem solving and getting results. She has worked with Mrs. Gallion in both
church and civic committees in the community and knows her personally to be an
honest and trustworthy person.
Mrs. Susan Gallion said she wishes to represent the Charlottesville
District on the Albemarle County School Board. She and her husband have been
active members of this community for the past ten years. They have five
foster teenage daughters, two of whom graduated from Albemarle High School.
They have been involved with youth in both civic and church organizations
during the past ten years. She has a Bachelors of Science Degree in Finance
and is currently finishing her teaching certificate through the Mary Baldwin
program. She has taught at National Business College for the past two years.
September 21, 1994 (Regular Night Meeting)
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Mrs. Gallion said she is excited about serving on the School Board
because she believes education is critical to the foundation of society. She
believes there is nothing more important than the education of children. The
School Board is faced with several major challenges. Those challenges are
hiring an exceptional Superintendent, balancing the budget, and implementing
and improving site based management. Having worked in mortgage banking for
five years she believes she has the experience it will take to deal with the
many hours of reading and research of financial and budgetary statements. She
will support a sound fiscal policy and she believes the School Board should
balance its budget every year. She has experience serving on a personnel
committee. She believes her experiences and opportunities will help her be a
better Board member. The County needs a Superintendent who has experience
with a $10.0 million budget, who has a vision for long range planning and who
will insure compliance with the established directives of the School Board.
The real objective of education is to give children resources that will endure
as long as life endures. She believes that the County school system does a
great job. She does not seek this appointment because she believes the system
is in trouble. To the contrary, she believes the system does an excellent
job. She trusts the administrators and educators and would like to be a part
of that team. She is willing to listen to the concerns of the community, the
parents, the children and the administrators. She will spend the hours it
takes to be an effective School Board member. She thanked Mrs. Moore who
spent many years serving the community. Mrs. Gallion said she will seek to
uphold Mrs. Moore's high standards of service as she serves the citizens of
the County.
Mr. DuPratt Johnson, a resident of the Charlottesville District, said he
serves as Chairman of the Education Committee of the Albemarle County Branch
of the NAACP. The NAACP supports the appointment of Mrs. Lyles to the School
Board. For almost two years there has not been an African-American on the
School Board. This is a lack of minority representation and is a slap in the
face of the African-American residents of this County. Her asked if the Board
of Supervisors think that is fair and equal. Mrs. Lyles would be an excellent
choice to fill the unexpired term of Mrs. Moore. She is a graduate of Jackson
P. Burley High School. Mrs. Lyles is employed, married and the mother of a
young child. Mrs. Lyles is presently serving as a member of the Charlottes-
ville Alternative Advisory Committee. The NAACP thinks Mrs. Lyles would be an
excellent addition to the Albemarle County School Board.
Mrs. Lucy Johnson said she also is a candidate for the unexpired term of
Mrs. Moore on the School Board. She is a resident of Earlysville in the
Charlottesville District. She has a Bachelors of Science Degree in French
with a Minor in Education and a Masters of Arts in Teaching French. The
Bachelors Degree is from Georgetown University and the Masters Degree is from
the University of California at Berkeley. She has resided in the County for
ten years and for the past six years had three children in the County school
system. She has done extensive volunteer work at Broadus Wood Elementary
School and Jack Jouett Middle School. She and her husband have been involved
with a lot of County issues in the school system. She is very interested in
the position on the School Board.
Mrs. Luella (Pinky) Gohaner-Lyles said she resides in the Charlottesville
District in Northfields Subdivision with her husband and her daughter. Her
daughter is five years old and just entered K-1 at Agnor-Hurt Elementary
School. She and her husband have just been introduced to the Albemarle County
School system, and so far so good. They are exceptionally interested in the
process because this will be their only child. She is interested in becoming
a member of the School Board because she believes she would make a good School
Board member and it just so happens that she is African-American, she is
concerned that every child get the best possible education and she interacts
well with all people. Mrs. Lyles said she has worked in social services for
26 long hard years trying to resolve people's problems in Planning District
10. She is presently the Deputy Director of the Monticello Area Community
Action Agency (MACAA). MACAA is one of the largest human service organiza-
tions in Planning District 10. In her position she assists in the administr-
ation of a $3.0 million budget and supervises approximately 100 employees.
Part of her job is mediation. She has worked closely as a mediator with the
City of Charlottesville School system, the parents, the students and the
teachers. She believes that she can bring something to the County system; a
different style, innovation and a little bit of risk. Recently she was
involved in helping to design the alternative school for the City of Char-
lottesville. She does not believe that every child can be taught in the
traditional sense. She thinks it has been proven that it is not happening and
that it is everyone's responsibility to determine innovative and creative ways
to deal with the situation. The City of Charlottesville is doing that. She
would bring some of that experience to this seat on the School Board. She is
a very caring mother and will be involved in her daughter's education whether
she is on the School Board.
Mrs. Lyles said she thinks the philosophy of head start is a good one and
she believes the entire public school system in this country should adopt the
belief that the only way to teach children is to teach parents, a process that
goes hand in hand. She believes she has those kinds of assets to bring to the
public school system. She thinks that all parents want to be involved but do
not know how to be involved in the educational process. One of the School
Board's main concerns now is the hiring of a Superintendent. She was involved
in the process in the City School system. In addition, she was on the inter-
September 21, 1994 (Regular Night Meeting)
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viewing committee, selection and hiring of the director for the alternative
school.
Mrs. Lyles said she has eight concerns that she would focus on if she is
chosen to the School Board: 1) Hiring a competent Superintendent who will
make sure all children in the County receive a quality education; 2) Hiring
skilled teachers who deserve to be paid well; 3) Having a balanced budget; 4)
All of the schools in the County deserve equal attention. Schools in southern
Albemarle (i.e., Walton and B. F. Yancey) seem to get left out of the loop; 5)
The School Board needs to assist principals in addressing other ways to teach
children besides the "traditional ways" when it is clear that the "traditional
ways" will not help all of the children; 6) A Family Life curriculum needs to
be taught in the County. The class needs to be structured in such a way that
it can be effective and appreciated by all children participating in the
class; 7) Educators need to learn to understand and appreciate diversity; and
8) Prioritize the needs in the school system and financially address each need
according to priority. If she is selected to fill this term she will be an
asset. If she is not selected she will continue as she has in the past. She
will do things a little differently because her daughter is a part of the
school system.
There bein9 no other comments, the public hearing was closed.
Mro Bowerman said he will be making arrangements to interview the three
candidates and hope to make a recommendation at the October 5, 1994, Board
meeting.
Mr. Marshall said he will not be present at the October meeting, but he
supports whichever candidate Mr. Bowerman selects.
Agenda Item No. 7. SP-94-22. Charles W. Hurt. Public Hearing on a
request to establish modular and mobile home sales on portion of TM45,P109
[30.6.3.2(b)]. Property zoned HC in EC District, located in NW corner of
inters of Rt 29N & Kegler's access rd. Site recommended for Regional Service
in Comprehensive Plan. Charlottesville Dist. (Advertised in the Daily
Progress on September 5 and September 12, 1994.)
Mr. Cilimberg summarized the staff report which is on file in the Clerk's
office and a part of the permanent record of the Board. The Architectural
Review Board (ARB) has recommended conditions by which a Certificate of
Appropriateness can be issued for this request. With this determination,
staff recommends approval subject to two conditions.
Mr. Cilimberg said the Planning Commission, at its meeting on August 9,
1994, unanimously recommended approval of SP-94-22 subject to staff's recom-
mendations. The Planning Commission also granted a modification of Section
32.7.5.1 to allow the use of a private septic system subject to the following
condition: "At such time as a sewer line with adequate capacity is in place
within 200 feet of the office, the applicant shall connect to public sewer.
The Chairman opened the public hearing. Mr. Tom Batchelor, representing
the applicant, described the intended use and provided some photographs of the
modular mobile homes that will be displayed on the site. He then expressed
concerns that the ARB wants to screen the model homes from Route 29. He wants
these houses to be seen by the people.
Mr. Martin asked if the model homes will be sitting on a foundation or
incomplete. Mr. Batchelor said the homes will all be on a foundation. There
will be six to eight models displayed in a residential setting. Each site
will have a walkway going to the model. These models will be set up for six
months to a year depending on the wear and tear. These homes are for viewing
and then people order the one they want. He thinks that a well-landscaped
area with display houses would not be objectionable.
Mr. Marshall asked for the price range of the homes. Mr. Batchelor said
he will try to keep the homes in the $50,000 range, but some will sell for
$60,000 to $70,000.
Mr. Tom Romer, one of the owners of Kegler's, addressed the Board. He is
concerned about landscaping and having an attractive business located next to
Kegler's. When the miniature golf course was built, the Board was concerned
about the landscaping. The end result was an attractive facility and a
compliment to the Route 29 North corridor. He is concerned that this business
also compliment the Route 29 North corridor.
There being no other comments from the public, the public hearing was
closed.
Mr. Bowerman asked if the Commission will review the site plan or if it
is administratively reviewed. The Board has only been provided with a sketch
of the plan. Mr. Cilimberg said the Commission could review the site plan but
the process allows staff to do an administrative review. It is his under-
standing that the ARB has not reviewed the actual site plan for issuance of a
Certificate of Appropriateness. The ARB has made comments based on the
submittal made as part of the special use permit. Mr. Davis said a Certifi-
cate of Appropriateness with conditions has not been issued. The issue is
premature for consideration by the Board at this time.
September 21, 1994 (Regular Night Meeting)
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Mr. Bowerman said he is satisfied with staff review of the site plan. He
can support the request subject to the Commission's recommendations. He will
not be receptive to modifying recommendations made by the ARB.
Mrs. Thomas indicated that she is not interested in overruling the ARB.
Mrs. Humphris said she thinks the ARB is necessary and has proven its worth.
Mr. Bowerman then offered motion, seconded, by Mr. Marshall, to approve
SP-94-22 subject to the following conditions:
2 o
No banners, spinners, flyers, pennants, floats, tinsel or
other attention getting devices shall be allowed;
Use is limited to a maximum of eight (8) units at any one
time, including the office.
Roll was then called and the motion carried by the following recorded
vote:
AYES:
NAYS:
Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
None.
Agenda Item No. 8. SP-94-24. Free Union Country School. Public Hearing
on a request to amend SP-90-82 to permit expansion of existing building for an
office and art room. Property consists of 426 ac zoned RA is located on W
side of Rt 601 approx 300 ft E of Rt 601/Rt 665 inters. TM29,P15D. White Hall
Disto (Advertised in the Daily Progress on September 5 and September 12,
1994.)
Mr. Cilimberg summarized the staff report which is on file in the Clerk's
office and a part of the permanent record of the Board. Staff recommended
approval of the request subject to amended condition #5 and deletion of
condition #6.
Mr. Cilimberg said the Planning Commission, at its meeting on
September 6, 1994, unanimously recommended approval of SP-94-24 subject to
staff's recommendations, but amending staff's recommended condition #5.
Mr. Perkins opened the public hearing.
Mr. Larry Miller, Treasurer of Free Union Country School, asked the Board
to approve the request. This is not an expansion of the population of the
school. This is an addition of office area to give the director a private
space in which to work. This will be an addition of approximately 250 to 300
square feet. This will be visible from the road but against the back drop of
the existing buildings.
There being no other comments, the public hearing was closed.
Mrs. Humphris offered motion, seconded by Mrs. Thomas to approve SP-94-24
subject to the following conditions:
If licensure is not required by the State Welfare Department,
this approval shall be construed to include waiver of Section
5.1.6(a) of the Zoning Ordinance. All other requirements of
Section 5.1.6 shall be met;
Permit is issued to Free Union Country School, Incorporated,
and is non-transferable;
Enrollment shall be limited in accordance with recommendation
of the Site Review Committee, provided that enrollment shall
in no case, exceed fifty-five (55) students;
4 0
Compliance with the Virginia Department of Welfare's Minimum
Standards for Licensed Child Care centers;
5. Expansion shall be limited to 300 square feet.
Roll was called and the motion carried by the following recorded vote:
AYES:
NAYS:
Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
None.
Agenda Item No. 9. ZMA-94-10. Broomley Farm, Inc. Public Hearing on a
request to amend ZMA-80-16 to permit modification of access. TM59A1,PB.
Property is portion of open space for Ivy Creek P.R.D. Located on S side of
Ivy Creek Dr approx 200 ft E of Broomley Rd. Samuel Miller Dist. (Advertised
in the Daily Progress on September 5 and September 12, 1994.)
Mr. Cilimberg summarized the staff report which is on file in the Clerk's
office and a part of the permanent record of the Board. Staff could identify
no negative factors of this application and recommended that proffer #11 of
ZMA-80-16 be amended.
September 21, 1994 (Regular Night Meeting)
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oooa. ao
Mr. Cilimberg said the Planning Commission, at its meeting on August 9,
1994, unanimously recommended approval of ZMA-94-10 subject to staff's
recommendation.
Mr. Perkins opened the public hearing. Mr. Simon Harvey, General Manager
for Broomley Farm, said he would answer any questions Board members may have.
There being no other public comments, the public hearing was closed.
Mrs. Thomas offered motion, seconded by Mr. Martin to approve ZMA-94-10
subject to the amendment of Proffer #11 as follows:
Access limited to Broomley Road only and no access onto Brook
Road. This condition shall not prohibit the connection of a
private driveway from the Broomley Farm property to the roads
serving the subdivision.
Roll was called and the motion carried by the following recorded vote:
AYES:
NAYS:
Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
None.
Agenda Item No. 10. ZMA-94-04. Forest Lakes Associates. Public Hearing
on a request to rezone 12.08 ac from R-1 & R-4 to R-10 (9.73 ac) & C-1 (2.35
ac), proffered. Located on S sd of Rt 649 at N end of Timberwood Pkwy. Site
recommended for low density residential (1-4 du/ac), high density residential
(10.01-34 du/ac) & neighborhood service in the Comprehensive Plan. TM32,P29F
& TM46B3,P1. Rivanna Dist. (Advertised in the Daily Progress on September 5
and September 12, 1994.)
Mr. Cilimberg summarized the staff report which is on file in the Clerk's
office and a part of the permanent record of the Board. Staff recommended
approval of this request subject to acceptance of the applicants proffers:
Provide access from Tax Map 46, Parcel B3-01, to the west to
align with access as shown on the rezoning for Tax Map 32,
Parcel 29N (ZMA-91-08) .
Designate a 2.35 acre parcel of land for neighborhood ser-
vice. The gross floor area will not exceed 40,000 square
feet, and no single use will exceed 4,000 square feet.
Access for the neighborhood service area will be provided
from Proffit Road (if adequate sight distance can be ob-
tained) and Timberwood Parkway, but no through access will be
provided except for emergency access which shall be provided.
3 o
Dedicate, at the time of subdivision plat approval, a thirty
(30) foot strip across the State Route 649 frontage for
future road improvements by the County of Albemarle or the
Virginia Department of Transportation.
Mr. Cilimberg said the Planning Commission, at its meeting on August 16,
1994, unanimously recommended approval of ZMA-94-04. This approval is for the
rezoning of 12.08 acres from R-I, Residential, and R-4, Residential, to R-10,
Residential. The Commission did not recommend approval of rezoning 2.35 acres
to Commercial. This approval is subject to the following amended proffers:
provide access from Tax Map 46, Parcel B3-01, to the west to
align with access as shown on the rezoning for Tax Map 32,
Parcel 29N (ZMA-91-08) .
Dedicate, at the time of subdivision plat approval, a thirty
(30) foot strip across the State Route 649 frontage for
future road improvements by the County of Albemarle or the
Virginia Department of Transportation.
Reserve for dedication up to nine (9) feet beyond the thirty
foot dedication aforementioned for construction of a bike
path. The applicant will not be responsible for the con-
struction of the bike path.
Mr. Cilimberg said it was stated at the Commission meeting that a new
proffer addressing fencing on the western boundary adjacent to Tax Map 32,
Parcel 29N2 would be submitted by the applicant prior to the Board of Supervi-
sors meeting.
(At this time, Mr. Bowerman said he would disqualify himself from hearing
this application. His business has a proposal to the applicant for a project
in Forest Lakes South. He feels that he has a conflict of interest and left
the room at 8:30 p.m.)
Mrs. Humphris asked why an impact study on water supply was not provided.
Mr. Cilimberg said to establish actual water use, the Albemarle County Service
Authority addresses water supply for all developments. Staff does not discuss
water supply as part of its fiscal impact analysis.
September 21, 1994 (Regular Night Meeting)
(Page 9)
Mr. Perkins opened the public hearing. Representing the applicant, Mr.
Steve Runkle provided a schematic drawing and described the proposal. This
plan has 62 units. He also provided another similar plan showing 58 units.
The only difference in the two plans is the existing house and a decision has
not been made on what to do with the house.
Mrs. Thomas asked about the emergency access to Proffit Road. Mr. Runkle
said that access is not part of the rezoning and was dropped from the plans
when the commercial part was eliminated.
Mrs. Thomas said she had not realized until this presentation that there
was some thought of one of the roads going through the southern portion of
this property. She asked if any allowance is being made for that or if it is
not going to happen because it is not the preferred route of the consultants.
Mr. Runkle said there have been no allowances made at this time. This request
was on hold for a number of years until the Timberwood Parkway connector study
was underway. The request was revived when the consultants' report did not
favor the extension of Timberwood Parkway. Mr. Cilimberg said the Planning
Commission did not discuss that issue. Mrs. Humphris said she found it odd
that the Commission did not discuss the issue. Mr. Cilimberg said he was not
at the meeting and does not know why the Commission minutes does not reflect
any discussion. It could partially be because the consultants were not recom-
mending the T4 alternative which is the alternative that would affect this
property.
Mr. Frank Jones, an adjoining property owner, said the lower end of his
property adjoins Forest Lakes. He is being flooded. This was not a problem
until the townhouses were built. These new townhouses will direct more water
onto his property. He has talked to one of the applicant's representatives
and nothing was done. He had a buffer zone between him and Forest Lakes. The
developer cut out part of this buffer from his property. He does not want to
look at the back of the buildings. If something is not done with this water
problem, he will stack 18 tons of rock and dirt along property, block this
water and shove it back into Forest Lakes.
Mr. Martin said he will schedule a meeting with Mr. Jones to discuss his
problems. He will also bring along a representative from the Engineering
Department.
There being no other public comments, the public hearing was closed.
Mrs. Humphris said she is concerned about precluding options for the
Meadow Creek Parkway when the County is not ready to make a decision. Mr.
Martin said he does not believe the Commission discussed the issue because of
the consultant's strong opinion that the proposed T4 connector either would
not come to Park Road or if it did would be in a different location. He does
not see a major problem with that issue.
Mrs. Thomas said she thought that both T's were using Timberwood Parkway.
She was surprised that something went across the southern portion of this
property. Mr. Cilimberg said the option always could be there if the align-
ment was preserved, but it would have to be to the west to get sight distance.
The route that would go through the southern portion of this property (T4)
swung out around all of the development in Hollymead and Forest Lakes to a
path between Jefferson Village and Forest Lakes and Meadowfields in Forest
Lakes. The alignment would involve significant impact on some homes. Mr.
Cilimberg said wherever Ti, T3 or come from will have to take a more western
route if they are going to connect to Proffit Road because of the sight
distance problem.
Mr. Martin then offered motion, seconded by Mr. Marshall to approve R-10
zoning for the entire 12.08 acres request under ZMA-94-04 subject to the
following proffers as set out in a letter dated August 24, 1994, from Stephen
N. Runkle, The Kessler Group, to Wayne Cilimberg, Albemarle County Department
of Planning and Community Development:
Provide access from Tax Map 46, Parcel B3-01, to the west to
align with access as shown on the rezoning for Tax Map 32,
Parcel 29N (Z~LA-91-08) .
2 o
Dedicate, at the time of subdivision plat approval, a thirty
(30) foot strip across the State Route 649 frontage for
future road improvements by the County of Albemarle or the
Virginia Department of Transportation.
Reserve for dedication up to nine (9) feet beyond the thirty
foot dedication aforementioned for construction of a bike
path. The applicant will not be responsible for the con-
struction of the bike path.
Install a chain link fence approximately four (4) feet in
height along the applicants' western boundary, or the eastern
boundary of Tax Map 32, Parcel 29N2.
Roll was called and the motion carried by the following recorded vote:
AYES: Messrs. Marshall, Martin, Perkins, Mrs. Thomas and Mrs. Humphris.
NAYS: None.
September 21, 1994 (Regular Night Meeting)
(Page 10)
ABSTAIN: Mr. Bowerman.
ooo a2
(Mr. Bowerman returned to the meeting at 8:53 p.m.)
Agenda Item No. 11. ZTA-94-5. Fees. Public Hearing to amend the
Albemarle County Zoning Ordinance in Section 35.0, Fees, to allow fee reduc-
tion for uses that may be subject to multiple fees, minor expansions to
non-conforming uses and the like, and family divisions that necessitate a
special use permit. (Advertised in the Daily Progress on September 5 and
September 12, 1994.)
Mr. Cilimberg summarized the staff report which is on file in the Clerk's
office and a part of the permanent record of the Board. Mr. Cilimberg said
the Planning Commission, at its meeting on August 16, 1994, unanimously
recommended amending Section 35.0, Fees.
Mr. Cilimberg handed Board members a memorandum dated September 15, 1994,
from Ms. Amelia McCulley, the Zoning Administrator, (copy on file) which
addresses a retroactive date. The Zoning Administrator proposes a retroactive
effective date of March 1, 1994. That date would cover Mt. Carmel Church and
several other applications the amendment was intended to address.
Mr. Marshall asked why March 1 was chosen as the retroactive date as
opposed to January 1, 1994. Ms. McCulley said March 2 was the date the Board
discussed the fee for Mt. Carmel. It was at that meeting the Board directed
staff to review a fee reduction. Ms. McCulley added that Mt. Carmel and Mt.
Amos have not paid their fees pending the outcome of this meeting. Mr.
Marshall proposed that the retroactive date be January 1, 1994, so that it
include Mr. Dunbar. There was no objection from Board members. Mr. Davis
said either retroactive date would be fine.
Mr. Perkins opened the public hearing.
Mr. Kevin Cox said Mr. Dunbar asked that he speak for him. Mr. Cox
agrees that it is only fair to go back to January and include Mr. Dunbar.
asked that the Board give this strong consideration.
He
There being no other public comments, the public hearing was closed.
Mrs. Thomas asked if staff could keep track of the fees not collected for
a year to determine the impact of this fee reduction. She supports this
action but thinks it is fair to the taxpayers to know the impact. Mrs.
Humphris agreed. Mr. Tucker did not think that would be a problem.
Mrs. Humphris offered motion, seconded by Mr. Marshall to adopt an
ordinance to amend and reordain Chapter 20, Zoning, Section 5.0, Fees, of the
Code of the County of Albemarle, to be retroactive to January 1, 1994. This
included the language changes of the word "reduction" to "adjustment. Roll
was called and the motion carried by the following recorded vote:
AYES:
NAYS:
Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
None.
The Board requested staff to bring back ZTA-94-04 on October 5, 1994, on
the consent agenda for the Board's withdrawal.
(The adopted ordinance is set out in full below:)
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 20, ZONING, SECTION 35.0, FEES,
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 20, Zoning, Section 35.0, Fees,
is hereby amended and reordained effective January 1, 1994, by
amending section 35.0 as follows:
35.0 FEES
Except as herein otherwise provided, every application
made to the zoning administrator, the commission, or the
board of supervisors shall be accompanied by a fee as
set forth hereinafter, to defray the cost of processing
such application.
a. For a special use permit:
Rural area division for the purpose of "family
division" where all original 1980 development
rights have been exhausted under "family divi-
sion'' as defined under section 18-56 of the
subdivision ordinance - $175.00. (Amended
1-1-94)
Rural area divisions $990.00.
Commercial use - $780.00.
September 21, 199~ (Regular Night Meeting)
(Page 11)
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Industrial use - $810.00.
Private club/recreational facility - $810.00.
Mobile home park or subdivision - $780.00.
Public utilities - $810.00.
Grade/fill in the flood plain - $690.00.
Minor amendment to valid special use permit or
a special use permit to allow minor expansion
of a non-conforming use - $85.00. (Amended
1-1-94)
Extending special use permits - $55.00.
Home Occupation-Class A - $10.00.
Home Occupation-Class B - $350.00.
For day care centers six (6) to nine (9)
children - $390.00. (Added 6-3-92)
For day care centers - ten (10) or more chil-
dren - $780.00. (Added 6-3-92)
All other uses except signs $780.00.
(Amended 7-8-92)
For amendment to text of zoning ordinance -
$665.00.
Amendment to the zoning map:
2.
3.
4.
5.
For planned developments - under 50 acres -
$815.00.
For planned developments - 50 or more acres -
$1,255.00.
For all other zoning map amendments under 50
acres $815.00.
For all other zoning map amendments 50 or
more acres - $1,255.00.
Minor amendment to a zoning map amendment -
$175.00.
d. Board of Zoning Appeals:
Request for a variance or sign special use
permit $95.00. (Amended 7-8-92)
For other appeals to the board of zoning
appeals (including appeals of zoning adminis-
trator's decision) -$95.00, to be refunded if
the decision of the zoning administrator is
overturned.
Preliminary site development plan:
1. Residential - $945.00, plus $10.00/unit.
Non-residential - $1,260.00, plus $10.00/1000
square feet.
Final site development plan:
1. Approved administratively - $325.00.
2. If reviewed by the commission before approval
of preliminary site development plan -
$900.00.
If reviewed by the commission after approval
of the preliminary site development plan -
$630.00.
For site development plan waiver - $215.00.
For site development plan amendment:
a) Minor - alterations to parking, circula-
tion, building size, location - $75.00.
b) Major - commission review - $215.00.
Review of site development plan by the archi-
tectural review board - $160.00.
Appeal of site development plan to the board
of supervisors $190.00.
Rehearing of site development plan by commis-
sion or board of supervisors - $150.00.
Rejection by agent of incomplete site develop-
ment plan:
a) Rejected within ten days - $160.00.
September 21, 1994 (Regular Night Meeting) 000~4
(Page 12)
b)
Suspended after site plan review - site
plan fee shall not be refunded. $50.00
fee shall be required to reinstate pro-
ject.
For relief from a condition of approval from com-
mission or landscape waiver by agent $140.00.
Change in road or development name after submittal
of site development plan:
1. Road - $15.00.
2. Development - $20.00.
Extending approval of site development plan -
$35.00.
Granting request to defer action on site develop-
ment plan, special use permit or zoning map amend-
ment:
1. To a specific date - $25.00.
2. Indefinitely - $60.00.
Bond inspection for site development plan, for each
inspection after the first bond estimate $45.00.
1. Zoning clearance $25.00.
m. Accessory lodging permits - $25.00.
n. Official Letters:
1. Of determination - $60.00.
2. Of compliance with county ordinances- $60.00.
3. Stating number of development rights $30.00
o. Sign Permits
Any sign, except exempted signs and signs
requiring review by the architectural review
board - $25.00.
Signs required to be reviewed by the architec-
tural review board - $60.00.
In addition to the foregoing, the actual costs of any
notice required under Chapter 11, Title 15.1 of the Code
shall be charged to the applicant, to the extent that
the same shall exceed the applicable fee set forth in
this section. Failure to pay all applicable fees shall
constitute grounds for the denial of any application.
For any application withdrawn after public notice has
been given, no part of the fee will be refunded.
35.1
FEE ADJUSTMENT (Added 1-1-94)
The provisions of 35.0 notwithstanding, fees shall be
adjusted under the following circumstances:
In such case in which a preliminary site develop-
ment plan and/or preliminary subdivision plat is
filed as supportive of and to be reviewed simulta-
neously with an application for zoning map amend-
ment and/or special use permit, no fee shall be
applied for review of such preliminary site devel-
opment plan and/or preliminary subdivision plat.
In such case in which multiple special use permits
are required by operation of this ordinance to
establish an individual use, the largest single fee
shall be applied to the review of all such special
use permit applications.
In such case in which determination is made subse-
quent to filing any application under 35.0, that
such application is not required to allow estab-
lishment of the use, such application fee shall be
refunded in full. (Added 1-1-94)
This ordinance shall be effective retroactively to
January 1, 1994.
000185
September 21, 1994 (Regular Night Meeting)
(Page 13)
Agenda Item No. 12. Request to set public hearing to amend the service
area boundaries of the Albemarle County Service Authority to extend water
service only to existing structures for Lewis A. Martin, Jr., (Tax Map 59,
Parcel 12Fl) in Oak Knoll Subdivision.
Mr. Cilimberg said Mr. Lewis A. Martin, Jr., requests jurisdictional area
designation for water only to existing structures. The parcel is located in
Oak Knoll Subdivision approximately 500 feet south of Route 250 West in the
Ivy area. The existing well servicing the house has dried up and an attempt
to dig a new well has failed to produce enough water for domestic use. There
is a water line with adequate capacity along Route 250 West that can be
extended south along Oak Knoll Drive to serve the subject property. Ivy is a
former growth area and there are many nearby parcels within the Albemarle
County Service Authority's service area boundaries. The parcel directly
adjacent to the west and Greencroft Subdivision both have been designated for
water service only. The Kearsarge Subdivision located east of the subject
property also has a similar designation. This request would be considered an
issue of health or safety which is included in the County's policy for
granting jurisdictional area designations outside the growth area. There will
be no development resulting from this change. Staff is recommending that the
Board proceed to a public hearing to consider water only to existing struc-
tures for Tax Map 59, Parcel 12Fl based on the documented problems.
Mr. Cilimberg handed to Board members a letter from Mr. J. W. Brent,
Executive Director of the Albemarle County Service Authority, (copy on file)
in which he raised the issue of groundwater conditions in this area and the
potential that other properties in Oak Knoll may experience this same problem.
The ACSA's concern is for the most cost-effective approach to providing water
service to this subdivision if the same problems occurs on other parcels.
Mrs. Thomas asked Mr. Brent to describe the alternatives that the ACSA
sees in terms of an equitable basis for funding the project. Mr. Brent said
this matter was brought to the attention of the Service Authority Board last
week. The purpose of him writing this letter was to bring to the staff's
attention some of the issues that the Service Authority Board grappled with.
The Service Authority Board took no position on this request. He does not
think there is a consensus of the Board as to how to deal with this issue. An
obvious concern is the history of groundwater in this area and this may not be
the last well in the subdivision to fail. Whatever is done, the Board hopes
it is a permanent solution.
Mrs. Thomas asked if it would be preferable to set the public hearing to
amend the service area boundaries to include all of Oak Knoll Subdivision.
Mr. Brent said, personally, he thinks that would be desirable. It is much
more equitable to provide service to five lots than it is to serve one lot.
Mrs. Humphris asked Mr. Brent what is the message from his sentence "The
Service Authority is now faced with the dilemma of justifying the expenditure
of public funds to install a water main to serve recently developed property."
Mr. Brent said in the 30 year history of the Service Authority, it has spent a
lot of money in bailing out failed water systems in subdivisions but they have
always been central well systems. The peculiarity here is that when this
subdivision was developed in the early to mid 1980's, the developer of the
subdivision requested to be included in the jurisdictional area. The develop-
er was prepared to install a water main to serve those lots. The request was
denied. The developer proceeded to develop the subdivision using wells. In a
short time the wells began to fail and the Service Authority is now having to
consider providing assistance to correct an emergency situation. This is
recently developed property experiencing failing water systems and a public
agency is being requested to expend public funds to correct the problem.
Mr. Martin asked if this Board could have known the wells would fail.
Mr. Bowerman said this is a policy issue. At that time the idea was to have
jurisdictional areas where the Board wanted growth to occur. He is agreeable
to looking at amending the jurisdictional areas to include all of Oak Knoll
Subdivision.
Mr. Tucker said the extension of the line to Oak Knoll was denied for
policy reasons but also the parcels were five acres and if water had been
extended that could have been an impetus for further development because the
developer could have doubled the size of the lots. Mr. Brent said the Service
Authority does not know how many property owners are interested in connecting
immediately, although he has been informed that there is some interest.
Mrs. Thomas offered motion, seconded by Mrs. Humphris, to set a public
hearing for October 12, 1994 to amend the service area boundaries of the
Albemarle County Service Authority to extend water service only to existing
structure(s) in Oak Knoll Subdivision. Roll was called and the motion carried
by the following recorded vote:
AYES:
NAYS:
Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
None.
000:1.36
September 21, 1994 (Regular Night Meeting)
(Page 14)
Agenda Item No. 12a. Resolution to authorize eminent domain action for
Berkmar Drive project.
Mr. Davis said a resolution has been provided to Board members which
would authorize eminent domain action to acquire a certain piece of right-of-
way, temporary construction easements and a guard rail easement located on
property owned by Charlottesville Realty Corporation. This is needed for the
construction of Berkmar Drive Extended. Bonafide offers have been made for
this property and it does not appear the negotiations can resolve in an agreed
sale. In order to move forward with the project, it is requested that the
Board adopt the proposed resolution authorizing eminent domain proceedings.
Mr. Bowerman offered motion, seconded by Mr. Martin, to adopt the
following resolution to authorize eminent domain action for the Berkmar Drive
project. Roll was called and the motion carried by the following recorded
vote:
AYES:
NAYS:
Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
None.
(The adopted resolution is set out in full below:)
RESOLUTION
WHEREAS, the Board of Supervisors of Albemarle County,
Virginia, finds that two temporary construction easements, a
permanent guardrail easement and right-of-way over a certain
portion of a parcel of real estate located on an extension of
Berkmar Drive in the Charlottesville Magisterial District, Albem-
arle County, Virginia, are needed by the County for public purpos-
es, said parcel designated as Parcel 68c on Albemarle County
Assessor's Tax Map 45 and more fully described below; and
WHEREAS, such easements and right-of-way are necessary in
order to layout, construct, operate, and maintain the road known
as Berkmar Extended over the affected portion of this parcel; and
WHEREAS, bona fide offers have been made to the property
owner to purchase such easements and right-of-way, however, such
negotiations indicate an impossibility of an agreement.
NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors
of Albemarle County, Virginia hereby authorizes the acquisition of
two temporary construction easements, a permanent guardrail
easement and right-of-way across a portion of this parcel of real
estate as more fully described below, and further authorizes the
filing of a Certificate of Take, the entry upon and taking posses-
sion of the property for public purposes and the initiation of
condemnation proceedings pursuant to Sections 15.1-238(B) and (C)
of the Code of Virginia (1950), as amended, and Section 25-232.01
of the Code of Virginia (1950), as amended, against the following
described property located in the County of Albemarle, Virginia:
That portion of a certain parcel of land containing
42,602.23 square feet, shown and designated as "Right-
Of-Way 18,945.79 sq. ft.," "Temporary Construction
Easement 10,042.11 sq. ft.," "Temporary Construction
Easement 13,554.33 sq. ft.," and "Guardrail Easement
60.00 sq. ft." on plat of Wiley and Wilson, dated April
15, 1994, a copy of which is attached hereto. This is a
portion of the property belonging to Charlottesville
Realty Corp., by deed recorded in the Clerk's Office of
the Circuit Court of the County of Albemarle, Virginia,
in Deed Book 815, page 79. By deed of trust dated July
6, 1988, of record in Deed Book 1002, page 451, the
subject property was conveyed to Jerry H. Mathews and
Harold D. Morris, Trustees, to secure an obligation
payable to Sovran Bank. The property is further identi-
fied as Tax Map 45, parcel 68c, and is located on an
extension of Berkmar Drive, Charlottesville Magisterial
District, Albemarle County, Virginia.
BE IT FURTHER RESOLVED, that the Chairman of the Board of
Supervisors is hereby authorized to sign the Certificate of Take
on behalf of the Board of Supervisors; the County Attorney is
directed to prepare and send a notice to the property owner by
certified mail on September 22, 1994, setting forth the compensa-
tion and damages to be offered by the County to the property owner
for the value of the land taken pursuant to this Resolution; and
the County Attorney is further directed to prepare and file the
Certificate of Take and a Notice and Memorandum of Lis Pendens
with the Clerk of the Circuit Court of Albemarle County.
000 37
September 21, 1994 (Regular Night Meeting)
(Page 15)
Agenda Item No. 13. Approval of Minutes: December 16, 1992; March 10,
October 20 and December 15, 1993; August 24, 1994
Mr. Marshall had read the minutes of March 10, 1993, and found them to be
in order.
Mr. Bowerman had read the minutes of December 16, 1992, pages 1 - 15 (end
Item #9) and found them to be in order.
Mr. Perkins had read the minutes of December 16, 1992, pages 1 - 15 (#9)
to the end and found them to be in order.
Mr. Martin had read the minutes of December 15, 1993, pages 1 - 8 and
found them to be in order.
Mrs. Thomas had read the minutes of August 24, 1994, and with the excep-
tion of some typographical errors found them to be in order.
Mrs. Humphris had read the minutes of October 20, 1993, and with the
exception of a typographical error found them to be in order.
Mr. Marshall offered motion, seconded by Mrs. Humphris, to approve the
minutes as read. Roll was called and the motion carried by the following
recorded vote:
AYES:
NAYS:
Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
None.
Agenda Item No. 13a. Executive Session: Property and legal matters.
Agenda Item No. 13b. Certify Executive Session.
Both items DELETED from the agenda.
Agenda Item No. 14. Other Matters Not Listed on the Agenda from the
BOARD.
Mr. Martin said he would like to schedule a joint meeting with City
Council to discuss the Shenandoah Valley Juvenile Detention facility and the
Joint Security Complex. He would like to start preliminary discussions on the
cost to build a juvenile facility that could be operated by the City and
County.
Mrs. Humphris said this request is encompassing work the Jail Board is
doing. The Jail Board is considering the possibility of using the current
facility as a juvenile facility, if it decides to build a new jail. The Jail
Board has begun planning and a consultant hired to provide them with direc-
tions; i.e., expansion of the current facility or construction of a new
facility. There are a lot of issues involved including whether to become a
Jail Board Authority. The Jail Board is not ready to make a recommendation;
when one is ready, it will come to both bodies.
Mr. Martin asked if there is anyone on the Jail Board who has expertise
on detention facilities. He knows there is a drastic need by several sur-
rounding localities for a facility. He believes that an operating budget
could be paid out of per diem. Mrs. Humphris said that is part of the Jail
Board's discussions, but they are not far enough along in the process. The
Jail Board is currently working on a proposal that has to be at the state by
November 10, 1994. Mr. Martin said he was suggesting that the Board meet
periodically with the City and one of the agenda items would be to look at
some numbers and some proposals for a detention facility. Mrs. Humphris said
that would interfere with the Jail Board's work because that is what they are
in the middle of doing.
Mr. Martin then said he would like for the Board to meet with City
Council periodically even if there are no agenda items to discuss. Also if
the Jail Board is discussing juvenile detention he hopes they would have some
expertise on the juvenile situation.
Mrs. Humphris said the first decision the Jail Board has to make is
whether to expand the current facility or whether to build a new jail. That
decision has to be made before the decision on the juvenile issue. They are a
long way from having the information needed to make that decision. This is
not the right time because the information is not available. She thinks it is
premature for the City and the County to be discussing this issue.
Mr. Martin said based on what is being said, the Jail Board may at some
distant time in the future discuss the juvenile situation. He feels the
situation is critical it seems to him it behooves the Board for the City and
the County to discuss the possibility of looking at building a facility along
with the complex, in addition to the complex or whatever. He does not think
the County can wait two years from now to have this as a topic of discussion.
He thinks decisions will be made at the state level soon which will affect the
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September 21, 1994 (Regular Night Meeting)
(Page 16)
availability of money for capital needs for building prisons as well as
detention facilities.
Mr. Bowerman said he thinks it makes a lot of sense to pursue this, but
there may be a facility if the Jail Board decides they have to build a new
jail. He thinks the need is there ,but there needs to be some basic informa-
tion.
Mr. Martin then thanked the Jail Board for its immense help in the
handling of an escaped juvenile. Mrs. Humphris said the Jail Board works
hard. The citizen members give an enormous amount of time, thought and
dedication to a difficult job. They are trying to find their way through a
maze of state regulations, fiscal restraints, etc., to try to advise the City
and the County on alternatives to deal with the numbers and problems. They
are involved in a difficult procedure.
Mr. Perkins suggested that Mr. Tucker communicate with the City Manager
to see if there are enough items to discuss at a joint meeting.
Mrs. Thomas asked that the Board be provided a copy of the Planning and
Coordination Council minutes to see what has been discussed between the City,
the County and the University of Virginia.
Mr. Martin suggested that potential agenda items for discussion with City
Council be added to the October 5 agenda. He also sees no harm in just
meeting for lunch even if there are no items to discuss.
Mrs. Thomas said there is a natural history museum located in Martins-
ville with a local branch in Charlottesville. A strike force is suggesting
some major changes in the museum in Martinsville. There is concern that not
many people are coming through its doors. Other localities around the state
are interested in relocating the museum to their area. The branch in this
area gets more visitors than the main branch in Martinsville. She thinks the
Charlottesville-Albemarle area should pursue this. Board members concurred
with Mrs. Thomas' suggestion that Mr. Tucker contact the City Manager and
draft a resolution to be forwarded to the state, museum board and strike force
requesting that this area be considered as the location for the museum.
Mrs. Thomas said the Thomas Jefferson Planning District Commission is
collecting information on training in education programs available in the
region.
Mr. Davis announced that a declaratory judgement has been filed challeng-
ing the Board's denial of the Todd Shields petition. He will be providing the
Board with additional information at a later date.
Agenda Item No. 15.
Adjourn. The meeting was adjourned at 9:48 p.m.
Chairman