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HomeMy WebLinkAbout1994-12-14December 14, 1994 (Regular Night Meeting) (Page 1) 000274 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on December 14, 1994, 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 H. Thomas. ABSENT: None. OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., County Attorney, Larry W. Davis, and County Planner, V. Wayne Cilimberg. Agenda Item No. 1. The meeting was called to order at 7:01 P.M., by the Chairman, Mr. Walter F. 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. There was no one to speak. Agenda Item No. 5. Consent Agenda. Motion was offered by Mrs. Thomas, seconded by Mr. Bowerman, to approve Items 5.la, 5.lb, 5.1c, 5.1d and to accept the remaining items on the consent agenda as information. Roll was called, and the motion carried by the following recorded vote: AYES: Mrs. Thomas, Mr. Bowerman, Mrs. Humphris, Messrs. Marshallt Martin and Perkins. NAYS: None. Item 5.la. Appropriation: Metropolitan Planning Organization Grant - $84,590 (Form #940038). It was noted in the staff's report that the 1994-95 Unified Planning Work Program was prepared by the Thomas Jefferson Planning District Commission for the Charlottesville-Albemarle Metropolitan Planning OrganizatiOn. The program includes transportation studies and on-going planning activities, including a Transportation Improvement Program which lists road and transit improvements for the upcoming three years, and the twenty-year Charlottesville Area Transportation Study (CATS) updated every five years. Other activities address traffic congestion reduction, city- county bicycle and pedestrian improvements, and public-private transit developments. The work to be performed by the County of Albemarle will be funded by a $67,672 Federal Grant, a $8459 State Grant, and a $8459 transfer from the Planning Department's approved budget. The following resolution of appropriation was adopted by the vote set out above: APPROPRIATION REQUEST FISCAL YEAR: 1994-95 NUMBER: 940038 FUND: GRANT PURPOSE OF APPROPRIATION: METROPOLITAN PLANNING ORGANIZATION GRANT FOR FY 1994-95 EXPENDITURE COST CENTER/CATEGORY DESCRIPTION 1120881301110000 SALARIES-REGULAR 1120881301601700 COPY SUPPLIES 1120881302110000 SALARIES-REGULAR 1120881302601700 COPY SUPPLIES 1120881303310000 PROFESSIONAL SERVICES 1120881304310000 PROFESSIONAL SERVICES 1120881308110000 SALARIES-REGULAR 1120881308601700 COPY SUPPLIES TOTAL AMOUNT $3,950.00 50.00 38~000.00 90.00 20,000.00 20,000.00 2,475.00 25.00 $84~590.00 REVENUE DESCRIPTION 2120824000240500 GRANT REVENUE-STATE 2120833000330001 GRANT REVENUE-FEDERAL 2120851000512004 TRANSFER FROM GENERAL FUND TOTAL AMOUNT $8t459.00 67~672o00 8,459.00 $84,590.00 Item 5.lb. Appropriation: Greenwood Community Center Roof Project - $2361 (Form #940039). It was noted that the Greenwood Community Center roof project and the Beaver Creek Park parking improvement projects are both funded in the FY 1994-95 Capital Improvement Program. Bids were recently received and opened for installing a new roof on the Greenwood Community Center. The low bid was $17,361. In the 1994-95 Capital Improvement Program, there is $15,000 appropriated for the project leaving a balance of $2361. The Beaver Creek parking improvement project is running well within budget and is anticipated to have a surplus at its completion. The Director of Parks has ....... · 000275 December 14, 1994 (Regular Night' Meeting) (Page 2) ~ requested that the $2361 sh°r~ ~_~ran~ferred from the BeaVer Creek project to the Greenwood Communi~ ~'~'~%~ ~hd S~aff concurs. By the recorded vote set out above, the following resolution of appro- priation was adopted: APPROPRIATION REQUEST FISCAL YEAR: 1994-95 NUMBER: 940039 FUND: CAPITAL PURPOSE OF APPROPRIATION: TRANSFER OF FUNDING FROM BEAVER CREEK PARK PROJECT TO GREENWOOD COMMUNITY CENTER PROJECT EXPENDITURE COST CENTER/CATEGORY DESCRIPTION 1900071000950047 BEAVER CREEK PARK 1900071000950027 GREENWOOD COMMUNITY CENTER TOTAL AMOUNT ($2,361.00) 2,361.00 $0.00 REVENUE DESCRIPTION AMOUNT TOTAL $0.00 Item 5.1c. Appropriation: Crozet Elementary School - $2000 (Form #940040)° It was noted that the Crozet Elementary School received a donation in the amount of $2000.00 from the Crozet PTO. The money is designated for the installation of acoustical panels to aid in reducing the noise level in the cafeteria area. At its meeting on November 28, 1994, the School Board approved the appropriation of the $2000.00 donation. Mrs. Thomas said the Crozet PTO certainly deserves a word of thanks for this donation. She knows that it took a lot of effort on their part. By the recorded vote set out above, the following resolution of appro- priation was adopted~ APPROPRIATION REQUEST FISCAL YEAR: 1994-95 NUMBER: 940040 FUND: SCHOOL PURPOSE OF APPROPRIATION: DONATION FROM CROZET PTO FOR INSTALLATION OF ACOUSTICAL PANELS IN THE CAFETERIA EXPENDITURE COST CENTER/CATEGORY DESCRIPTION 1220361101800200 FURNITURE/FIXTURES-NEW TOTAL AMOUNT $2,000.00 $2,000.00 REVENUE 2200018100181135 DONATION DESCRIPTION AMOUNT $2,000.00 TOTAL $2~000.00 Item 5.1d. Appropriation: State Technology Grant - $54,765 (Form #940041). It was noted that the General Assembly provided funding to all school divisions in the State through the State Technology Grant to support the purchase of instructional technology hardware and software items. The grant for the current fiscal year is aimed specifically at high schools and requires that these monies be matched based on the division's composite index. The required $30,536 in matching funds has already been allocated for funding for instructional technology in the Capital Improvement Program budget. At its meeting on September 28, 1994, the School Board approved the appropriation of this grant. By the recorded vote set out above, the following resolution of appro- priation was adopted~ APPROPRIATION REQUEST FISCAL YEAR: 1994-95 NUMBER: 940041 FUND: CAPITAL PURPOSE OF APPROPRIATION: TECHNOLOGY GRANT FOR HIGH SCHOOLS TO BE MATCHED WITH EXISTING LOCAL APPROPRIATION IN CAPITAL FUND EXPENDITURE COST CENTER/CATEGORY DESCRIPTION 1900064010800700 DATA PROCESSING EQUIP-NEW 1900064010800710 DATA PROCESSING SOFTWARE TOTAL AMOUNT $49~208.00 5,557.00 $54~765.00 REVENUE 2900024000240275 DESCRIPTION TECHNOLOGY GRANT TOTAL AMOUNT $54,765.00 $54,765.00 December 14, 1994 (Regular Night Meeting) (Page 3) Item 5.2 Letter ~'~ ~ ~ ....... ~'~'?-'"~-~ ~-~ · da~ DeCember. 2, 1994, from Mr. James S. Givens, State Secondary Roads Engineer, Department of Transportation, indicating that roads in Highlands at Mechums River, Section lB, were accepted into the State Secondary System, effective December 2, 1994, as follows: "Pursuant to authority delegated by the Commissioner, the follow- ing additions to the secondary system of state highways, as requested by your resolution of September 7, 1994, are approved effective December 2, 1994. ADDITIONS LENGTH HIGHLANDS AT MECHUMS RIVER, SECTION lB Route 1241 (Mechums River Road) - From Route 1240 to 0.20 mile Southwest Route 1240 Route 1242 (Cedarbrook Court) - From Route 1241 to 0.07 mile Northwest Route 1241 0.20 Mi 0.07 Mi" (Mrs. Thomas noted that every time miles are added to the secondary system, it also adds to the maintenance expenses for the region.) Item 5.3. Letter dated December 5, 1994, from Mr. James S. Givens, State Secondary Roads Engineer, Department of Transportation, indicating that Springwood Drive in Springwood Subdivision was accepted into the State Secondary System, effective December 5, 1994, as follows: "Pursuant to authority delegated by the Commissioner, the follow- ing addition to the secondary system of state highways, as re- quested by your resolution of October 6, 1993, is approved effec- tive December 5, 1994. ADDITION LENGTH SPRINGWOOD Route 1237 (Springwood Drive) - From Route 609 to 0.23 mile Southwest Route 609 0.23 Mi" Item 5.4. Letter dated December 5, 1994, from Mr. James S. Givens, State Secondary Roads Engineer, Department of Transportation, indicating that roads in Langford Subdivision were accepted into the State Secondary System, effective December 5, 1994, as follows: "Pursuant to authority delegated by the Commissioner, the follow- ing additions to the secondary system of state highways, as requested by your resolution of October 6, 1993, are approved effective December 5, 1994. ADDITIONS LENGTH LANGFORD Route 1632 (Pippin Lane) - From Route 1630 to 0.09 mile South Route 1630 0.09 Mi Route 1633 (Montgomery Lane) - From Route 1630 to 0.21 mile South Route 1630 0.21 Mi" Item 5.5. Letter dated December 6, 1994, from Mr. James S. Givens, State Secondary Roads Engineer, Department of Transportation, indicating that roads in White Oaks Subdivision were accepted into the State Secondary System, effective December 6, 1994, as follows: "Pursuant to authority delegated by the Commissioner, the follow- ing additions to the secondary system of state highways, as requested by your resolution of October 5, 1994, are approved effective December 6, 1994. ADDITIONS LENGTH WHITE OAKS Route 1231 (Davis Drive) - From Route 240 to Route 1232 0.11 Mi Route 1232 (Caitlin Drive) - From Route 1231 to 0.18 mile Northwest Route 1231 0.18 Mi" Item 5.6. Letter dated December 7, 1994, from Mr. J. S. Hodge, Chief Engineer, Department of Transportation, to Mr. Walter F. Perkins, Chairman~ advising that the Commonwealth Transportation Board intends to discuss the comments from the citizen information meeting regarding the Route 29 inter- change design at a workshop on December 14, 1994, and at a meeting of the Commonwealth Transportation Board scheduled for December 15, 1994, was received for information. 000 77 Decera~er 14, 1994 (Regular Night Meeting) (Page 4) Item 5.7. Copies °~I'~h~ng 'com~ss~on minutes for November 22 and November 29, 1994, were receiyed for information. Item 5.8. Memorandum dated December 5, 1994, from Dr. Carole A. Hastings, Acting Superintendent, to Mr. Robert W. Tucker, Jr., County Execu- tive, re: school-based allocations. This was a reply to the Board's ques- - tions at the November 2, 1994, meeting concerning the carry-forward funds from the 1993-94 school year for Albemarle High School and Henley Middle School. The letter was received as information. Item 5.9. Copy of letter dated December 5, 1994, from Mr. Thaddeus F. Aubry, Regional Administrator, Commonwealth Department of Youth & Family Services, expressing'an interest in assessing the detention needs of both Albemarle County and the City of Charlottesville, was received as information. Item 5.10. Copy of memorandum dated December 5, 1994, from Mr. R. C. Lockwood, Transportation Planning Engineer, Department of Transportation, re: Route 29 Corridor Development Study (Phase II), Lynchburg to Charlottesville. Mr. Lockwood notes that the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 identified twenty-one high priority corridors of national significance. One of these is the Route 29 Corridor through Virginia from Greensboro, North Carolina, to the District of Columbia. The ISTEA legislation provides discretionary funding for feasibility and design studies along these corridors. In 1992 VDOT applied for and received funds to conduct a study along the segment between Charlottesville and Warrenton (Phase I)o That study is currently underway. In 1994 VDOT applied for funds to study the segment between Lynchburg and Charlottesville. Virginia has been allocated $750,000 in FY 1995 funds by the Federal Highway Administration to conduct this study. As with the Phase I Study, steering and technical committees with representatives from jurisdic- tions along the corridor, will be established. The Board will be contacted at a later date for the names of Albemarle's representatives. Item 5.11. Letter dated December 12, 1994, from Mr. J. S. Hedge, Chief Engineer, Department of Transportation, to Mr. Walter F. Perkins, Chairman, advising that the discussion on comments from the citizen information meeting regarding the Route 29 interchange design has been removed from the Workshop and Board meeting agendas and has been rescheduled for the Workshop on January 18 and the Board meeting on January 19, 1995. The letter was received for information. Agenda Item No. 6. ZMA-93-03. Craig Builders. (Deferred from August 10, 1994.) At the request of the applicant, motion was offered by Mr. Martin, se¢onde4 by Mrs. Humphris, to defer this petition until February 15, 1995. Roll was called, and the motion carried by the following recorded vote: AYES:Mrs. Thomas, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. NAYS: None. " Agenda Item No. 7. SP-94-28. Mount Amos Baptist Church. Public Hearing on a request to add a fellowship hall of approx 1050 sf to existing building. Property zoned RA contains 1.12 ac located on E sd of Rt 601 about 1/2 mi S of Free Union. TM29,P46. White Hall Dist. (Advertised in the Daily Progress on November 28 and December 5, 1994.) Mr. Cilimberg summarized the staff's report which is on file in the Clerk's Office and made a permanent part of the records of the Board of Supervisors. He said the Planning Commission, at its meeting on October 11, 1994, unanimously recommended approval of the petition subject to the follow- ing three conditions. 1. Church expansion limited to not more than 1200 square feet; 2. Usage of the church to be limited to worship and related services only. Use of the church for non-congregational activities shall warrant amendment of this special use permit; 3. The eastern entrance shall be used only as an entrance onto the property from Route 601, and a sign prohibiting exits from the property onto Route 601 shall be posted and main- tained at the eastern entrance. Mr. Cilimberg said there was an issue with VDOT concerning the two entrances with inadequate sight distance. VDOT recommended closing one entrance, and upgrading the other entrance to commercial standards. Staff December 14, 1994 (Regular Night Meeting) 000~'7~ (Page 5) felt the issue of inadequate sight dlstanc~was significant enough to warrant support of VDOT's recommendation of closing the eastern entrance, or at least changing it, if possible, to provide adequate sight distance. Mr. Cilimberg said that since the Planning Commission meeting, the sign referred to in Condition No. 3 has already been erected. Mrs. Thomas asked for an explanation of the words "shall warrant amendment" in Condition No. 2. Mr. Cilimberg said it would require a new special use permit, public hearing, etc. Mr. Martin asked if the Boy Scouts were to meet at the church if the permit would need amendment. Mr. Cilimberg said he discussed this with the Zoning Administrator and she indicated that Boy Scouts is a normal, anticipat- ed use of a church. It would be more for daily operations such as day care centers. The public hearing was opened. Mr. Kevin Cox said he was asked by the church members to speak on their behalf. He has looked at the church and worked with the Planning Commission and staff on this request. He actually sees no reason why they should even need a special use permit. The western entrance does not need upgrading. There were only eight cars there when he went to services. The eastern entrance is dangerous, and the church members don't use it as an exit. Signs have now been put up so no one will use it as an exit. The church members would like to keep it open so that hearses can come in through that entrance and then exit through the western one. There being no one else to speak, the public hearing was closed. Mo%ion was offered by Mr. Martin, seconded by Mrs. Humphris, to approve SP-94-28 with the conditions recommended by the Planning Commission. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mrs. Thomas, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. None. (Note: The conditions of approval are set out in full below.) 1. Church expansion limited to not more than 1200 square feet; Usage of the church to be limited to worship and related services only. Use of the church for non-congregational activities shall warrant amendment of this special use permit; 3e The eastern entrance shall be used only as an entrance onto the property from Route 601, and a sign prohibiting exits from the property onto Route 601 shall be posted and main- tained at the eastern entrance. Agenda Item No. 8. SP-94-30. James F & Ester C McDonald. Public Hearing on a request to amend SP-82-61 to allow construction of 10 tourist cabins. Located on S sd of US Rt 250 approx 0.75 mi W of 1-64 (existing Jellystone Campground). Site zoned RA. TM71,P3. Samuel Miller Dist. (Advertised in the Daily Progress on November 28 and December 5, 1994.) Mr. Cilimberg summarized the staff's report (on file in the Clerk's Office and made a part of the permanent records of the Board of Supervisors). He said the applicant proposes to convert previously approved campsites (sites which may be utilized by motor homes, travel trailers and tents) to tourist cabins. A total of six cabins are proposed (currently five cabins have been constructed and a violation notice has been given by the Zoning Department). Based on the description provided by the applicant and the observations of the Zoning Department, three of these existing cabins, while not yet complete, appear to be dwelling units based on the level of improvements. The applicant does not propose to use the cabins between November 1 and March 1, as well as other limits° He said five dwelling units is the maximum number of dwelling units allowed since the maximum residential development from a parcel of this size in the Rural Areas District is six dwellings (five utilizing development rights and one on a parcel of 21 acres or greater). One issue that arose at the Planning Commission meeting had to do with the septic system associated with these dwelling units. He noted the following memorandum from Mr. William D. Fritz, Senior Planner, dated December 14, 1994: "The Planning Commission in its review of this request raised the issue of waste disposal. Staff has contacted the Department of Health for additional information. Based on the comments of the Health Department, the provision of adequate drainfield area for the proposed cabins may be accommodated in two methods. The first method involves the use of a gravity system. This may prove difficult due to the lack of area with suitable slope and soils downhill from the cabins. The more likely scenario is the use of a pump system which will allow for the use of areas with suitable December 14, 1994 (Regular Night Meeting) 000279 (Page 6) soils. Under'either scenario, d~nstrat~on of compliance with Section 10.2.1.1 will be necessarY. Staff has included conditions of approval which require Health Department approval. (This will insure that in the event of subdivision, each cabin can be located on a parcel satisfying all of the requirements of the ordinance including, but not limited to, adequate drainfield area.) This memorandum is intended for informational purposes only on the status and opportunities for sewage disposal on site. No approv- als from the Health Department have been given. The conditions recommended by staff will require additional approvals from the Health Department." Mr. Cilimberg said the Planning Commission, at its meeting on Novem- ber 29, 1994, by a vote of 3/2 recommended approval with the following conditions: No more than a total of 112 camping sites on property de- scribed as County Tax Map 71, Parcel 3, Samuel Miller Magis- terial District, consisting of 47.11 acres zoned RA Rural Areas. Not more than six of these camp sites may be used for cabins which are to be located on the south side of Stockton Creek in existing camp sites. Not more than four of these cabins may qualify as dwelling units. Any cabins constructed as dwelling units shall comply with the provi- sions of Section 10.2.1.1. No cabins shall be utilized until all appropriate Building Code and Health Department requirements have been met; No new camping sites shall be located in the flood plain, as determined by the Army Corps of Engineers; Ail such uses shall conform to the requirements of the Virginia Department of Health Bureau of Tourist Establish- ment Sanitation and other applicable requirements; Provisions for outdoor cooking, campfires, cooking pits, etc., shall be subject to Albemarle County Fire Official approval; Conditions one and six of Conditional Use Permit #116 shall be met to the reasonable satisfaction of the Zoning Adminis- trator; No new camping sites or additional storage of parked trail- ers, campers and recreational vehicles within the 150-foot setback. New and additional vehicles shall be in compliance with a 150-foot setback from the edge of the Route 250 right-of-way; 7. The cabins would not be used from November 15 to March 15. The public hearing was opened° Mr. Richard Carter was present to represent the McDonalds. He handed to the Board members several pictures of existing conditions on the property. He said for lack of these cabins being defined in another way, they are being called dwellings, but there is a difference between these cabins and a stereo-type dwelling. The cabins have only one room. They are 12 by 16 feet. There is no heat or air-conditioning. Their use has been restricted by one of the conditions of the Planning Commission. Also, Stockton Creek runs across the campground. The McDonalds have historically closed off all of the campground south of Stockton Creek during the winter. Mr. Carter said the cabins will be on sites where, at the present time, there are recreational vehicles 40 feet long, eight and one-half feet wide with push-outs on each side that are 10 feet long and three feet wide. They have a washer, a dryer, a jacuzzi, a bathtub, everything that one would have in a home. The cabins take up less space, so are less of an intense use. Mr. Carter said the camping industry as it is now needs to be compared with the camping industry as it was in the 1960s. People want the "camping experience", but do not want to "rough it". Also, this campground is a gathering place for family reunions. People come in from all over the east coast, and some people don't want to sleep in a tent. The cabin provides a good alternative. Also, there are people who come to a local hospital to have surgery and they are discharged the next day, but need to return to the hospital every few days to be checked. Family members may not be able to afford to stay in a motel, so these cabins provide a viable opportunity for them~ Mr. Carter said if this request were on a matrix it would be a neutral request. The number of sites will remain the same; the special use permit already allows 112 sites. These cabins are at existing sites which have water and septic hookups. Health Department requirements can be met. There is no violation of any setback requirements, and the cabins are not visible from Route 250. This type of cabin is in common usage in Albemarle County. They are at Mountfair, at the KOA~ampgrounds. They are in common usage throughout 000 80 December 14, 1994 (Regular Night Meeting) (Page 7) State parks in Virginia. They 'are'at'Jellystone Park in Luray, at ShenandOah Acres and Cherrys~one Park on the Chesapeake Bay, so this is not a novel, first-time use. Mr. Carter said the McDonalds are in the tourism industry. They cater to tourists and their business is made or broken by tourists. Just as the other sites have recognized these as an aid in tourism, he hopes this Board will recognize the cabins as an aid in tourism. He said these cabins were built, but not completed. It was big mistake to start building when they should not have done so, but to the credit of both the McDonalds and County staff, the attitude has been to find a way to make the situation right. They have been working on this since last Spring, and have determined that this is the best way to make the situation right. He asked that the Board approve the special use permit. With no one else from the public rising to speak, the public hearing was closed. Mrs. Thomas said in the staff report there is a statement that there are sites with water and septic connections, and she asked if that is right~ Mro Carter said there are septic hookups at campsites, but they need to be upgraded to Health Department requirements. Mrs. Thomas said this request did receive a thorough discussion at the Planning Commission meeting. She feels it was regrettable that the cabins existed before being approved. She has visited the site, and finds them aesthetically preferable to the old campers. She feels the conditions the Planning Commission recommended, deal with the appropriate issues. Mrs. Thomas move4 approval of SP-94-30 with the conditions recommended by the Planning Commission. The motion was seconde4 by Mr. Marshall. Roll was called and the motion carried by the following recorded vote: AYES: Mrs. Thomas, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins° NAYS: None. (Note: The conditions of approval read as follows.) 1. No more than a total of 112 camping sites on property de- scribed as County Tax Map 71, Parcel 3, Samuel Miller Magis- terial District, consisting of 47.11 acres zoned RA Rural Areas. Not more than six of these camp sites may be used for cabins which are to be located on the south side of Stockton Creek in existing camp sites. Not more than four of these cabins may qualify as dwelling units. Any cabins constructed as dwelling units shall comply with the provi- sions of Section 10.2.1.1o No cabins shall be utilized until all appropriate Building Code and Health Department requirements have been met; 2. No new camping sites shall be located in the flood plain, as determined by the Army Corps of Engineers; 3. All such uses shall conform to the requirements of the Virginia Department of Health, Bureau of Tourist Establish- ment Sanitation, and other applicable requirements; 4. Provisions for outdoor cooking, campfires, cooking pits, etc., shall be subject to Albemarle County Fire Official approval; 5. Conditions one and six of Conditional Use Permit #116 shall be met to the reasonable satisfaction of the Zoning Adminis- trator; 6. No new camping sites or additional storage of parked trail- ers, campers and recreational vehicles within the 150-foot setback. New and additional vehicles shall be in compliance with a 150-foot setback from the edge of the Route 250 right-of-way; 7. The cabins would not be used from November 15 to March 15. Agenda Item No. 9. Public Hearing on an ordinance to amend and reenact Chapter 2.1, Section 2.1-4, Subsection (g) of the Code of Albemarle~ known as the "Moorman's River Agricultural/Forestal District" to extend the life of the district for an additional time period of ten years. The districts consists of approximately 11,093 acres located on State Routes 601, 614, 658, 660, 662, 665, 671, 674, 675, 676, 677, 678, 680 and 821. (Advertised in the Daily Progress on November 28 and December 5, 1994.) Mr. Cilimberg summarized the staff's report (on file in the Clerk's Office and made a part of the permanent records of the Board of Supervisors)° He noted on a map the parcels to be added, or withdrawn from the district. He said there is one parcel on which an application was received which will have December 14, 1994 (Regular Night Meeting) (Page 8) to be handled as a separate issue later. The district which contained 11,000+ acres will now fall to under 10,000 acres. He noted two parcels which belong to brothers and their spouses and on which there is now disagreement as to whether the parcels (Tax Map 28, Parcels 34 and 34A) should remain in the district. This Board will have to specifically decide whether to allow the parcels to be taken out of the district. Mr. Cilimberg said the Agricultural and Forestal District Advisory Committee unanimously recommended continuance of the district, as did the Planning Commission. There have been withdrawals up until today, so a lot of acreage has been lost. The public hearing was opened. With no one rising to speak, the public hearing was closed. Mrs. Thomas asked Mr. Cilimberg if he knew why so many parcels had been withdrawn. Mr. Cilimberg said he did not; this is the legal time when someone can "opt out"° Mrs. Humphris said one letter indicated that a substantial parcel was being withdrawn in order to put the property in permanent preser- vation. Mrs. Thomas then moved for continuation of the Moorman's Agricultural and Forestal District for ten years as requested. Mr. Davis said Mrs. Scala had asked the Clerk's Office to request that the Board not act on this request until next week because all of the changes have not yet been compiled into an ordinance. It can be ready as a consent item for next week. Staff just needs clarification from the Board on the Bowen parcels. Mrs. Thomas said she was ready to go along with the P~anning Commis- sion's recommendation to continue the district for ten additional years and to the Withdrawal of' Tax Map 28, Parcels 34 and 34A from the district. She then withdrew her motion. Agenda Item No. 10. CPA-94-1. University Real Estate Foundation (UREF). Public Hearing on a request to amend the Land Use Map to include within the Hollymead Community 297.0 ac located W of Rt 29 N, N of existing Hollymead Community boundary, S of the North Fork Rivanna River, and W of Rt 606 for industrial use. TM32,Ps4B,6(part),6A&19(part). Applicant seeks change to permit development of a University-related business park. Applicant also owns 228 ac directly S of this area currently zoned PD-IP. Rivanna Dist. (Advertised in the Daily Progress on November 28 and December 5, 1994.) Mr. Cilimberg noted that the Board had a work session on this petition at last week's meeting. The staff report is quite lengthy. The request to add land on the west of Route 29 below the North Fork Rivanna River and east of Route 606, to the Hollymead growth area as industrial service has been under consideration for several years. He said the Planning Commissions at its meeting on November 8, 1994, recommended approval of CPA-94-1 as presented by staff and modified by the Planning Commission in the Hollymead profile text. The public hearing was opened. Mr. Tim Rose, Chief Operating Officer of UREF, was first to speak. He introduced other members of his project team, and said their vision for the property is to create a University-related business park similar to what might be found at Princeton or Stanford. They feel the users will be in high-tech fields such as bio-medical, medical, telecommunications, research-oriented firms, and business firms as well. They want to create University and industry relationships that could foster internships, spousal employment, post-graduate employment, research opportuni- ties, joint projects between the University and industry. In order to help solidify the University's position as a national and international leader for the long term, this kind of park would augment its position. Mr. Dean Cinkala from Stonebridge Associates spoke next. He said they are asking that the 297 acres in the northern portion of the property be shown as industrial service in the Hollymead growth area. They feel this is a logical extension since the property is bounded on the east by a major traffic corridor, has the airport to the west, and the Piney Mountain and Hollymead growth areas to the north and south. An amendment to the Comprehensive Plan will allow UREF to cohesively plan its entire 525 acre property. If this request is granted, UREF has committed that it will limit development on this property to three million square feet. It is important to note that the County and UREF have already agreed that 2.5 million square feet can be achieved on the currently zoned southern half of the property. The site is currently served by water, sewer, electricity and gas. Over the last several months, they have worked with the Planning Commission and Planning staff and several issues have been identified which they will continue to address during the rezoning process. Mr. Leonard Sandridge, Executive Vice President of the University of Virginia, spoke next. He said they have been over the details of the proposal with the Planning Commission over the last several months. He said the University is doing this through UREF which is consistent with the plan the County, the City and the University entered into a number of years ago for projects like this° They are subject to the same kinds of procedures and zoning requirements that any other private enterprise is. The process so far December 14, 1994 (Regular NightMeeting) (Page 9) has been good for the projec~ahd hO'~f~lly'it has met the County's expecta- tions for the project as well. Mr. Sandridge said the University is not different from other industries today. They have to adjust to a changing market and provide for their students and faculty the kind of environment that will meet their expectations and make the University a vital enterprise into the next century. Because of the kinds of opportunities which they feel they must generate for this community and the University, a park like this is needed so they can attract industries that will have affilitations with the University. They would not be in this park if it were a real estate deal only, but rather because of the programmatic affiliations with the enterprises who will come here. They anticipate this will not be a fast project, but one that will take fifteen to twenty years. They feel they can do a better job if they can look at the entire project and design it in such a way that it will meet everyone's expectations for the.entire site. He asked the Board's approval of the request. Mr. Mark Bryant said he lives adjacent to the property under consider- ation. He, and a few of his neighbors, have discussed this for a number of years, and they understand that UREF is again requesting a revision in the Comprehensive Plan for property now designated as Rural Areas. This request appears to be essentially the same as that of five years ago which was intensely debated before UREF withdrew its request. It was the consensus at that time that UREF should proceed at once with the marketing of the southern part which was already designated PD-IP in the Comprehensive Plan. UREF already has a by-right use for up to 7.0 million square feet of construction which is more than twice the number of square feet UREF said it needs for optimum development. If after developing this acreage, they find a specific need to add more acreage, he feels that would be the appropriate time for requesting that some of the rural area now designated in the Comprehensive Plan be added to the boundaries of their industrial park. Mr. Bryant said they do not understand why UREF has not developed the acreage they have for these purposes. The 240 acres are accessible to the Route 29 corridor. The land is adjacent to the Airport and meets the require- ment that it be served by Public water and sewer, a major highway or rail service, and that the area have a clearly demonstrated suitability for the intended uses with regard to physical characteristics and relationship to surrounding development. Mr. Bryant said the rural area requested for redesignation does not fulfill these criteria. The concerns presented five years ago are still relevant. These include the financial burden of increased taxation for County property owners. A study by the Piedmont Environmental Council, conducted in 1989, estimated an additional tax burden annually of $11.0 million to provide the services needed. Another study estimmated $75.0 million to $95.0 million in new capital expenditures would be needed. As to environmental impacts, the industrial park ordinance allows for 60 to 75 separate products to be manufactured, fabricated, assembled and distrib- uted. Also, by permit, medical and pharmaceutical lab, metal fabrication and welding and warehousing would be allowed. With major construction and hard- surfacing for parking lots, access roads and distribution points, a major impact on this rural area can be expected, with groundwater contamination, industrial runoffs, excessive waste gases, chemical pollution and so on. The only attractive and developable land in the rural area, and the land UREF has indicated it will tr~-to develop the earliest, is the western ridge. Develop- ment of this land would require clear cutting of old growth trees which buffer it and Route 606. Not only would thousands of migratory birds and wildlife suffer loss of habitat, but clear cutting and subsequent construction of buildings and parking lots would intensify an already dangerous flooding and erosion situation on Route 606, a narrow and winding, unimproved, gravel road. Also predictable destruction of the Rivanna water intake impact area which runs along the western ridge, and contamination of residential wells in the area. As to traffic hazards and congestion, five years ago County Planning staff estimated 32,000 car trips daily in and out of the industrial park. This did not include delivery trucks, semi-trailers and other industrial vehicles. In developing the western ridge of the rural area, there could be no direct access to or from the 29 North corridor. Traffic will have to enter from the barely passable, unpaved Route 606. Vehicles entering from the north would have to negotiate deep ravines and two single-lane bridges across the Rivanna River and Jacobs Run. It will be virtually impossible to widen 606 due to its steep terrain. Because of these and other serious concerns, he asked the Board to initiate independent studies before a major revision to the Comprehensive Plan. A financial impact study to ascertain the total costs to County taxpayers to provide the necessary support services for this and any related spin-off development, and any major capital funding for required services. A traffic study to determine how significantly increased car and truck traffic will affect existing roadways and necessitate new and expensive road building. This should be done with VDOT cooperation since traffic flow on 29 North will certainly be affected. An environmental study to determine the effect and costs on the Rivanna River, on the groundwater in the area, on residential wells, reduced soil and air quality due to industrial activities, or industrial contaminants, waste and runoff, potentially toxic chemical emissions and so on associated with industrial development. December 14, 1994 (Regular Night Meeting) (Page 10) Mr. Tom Jackson from the.Chamber of Commerce said they are an associa- tion of 1100 organizations whose mission is to represent the private sector, promote business, and enhance the quality of life in the community. Me said that 60 percent of their business organizations are small businesses employing 25 or few employees. The Chamber supports CPA-94-1 to amend the Comprehensive Plan for the following reasons: the Chamber believes a business park that emphasizes a joint University industry partnership is a vital component in assuring the University's long-term success in competitive position as one of the nation's leading universities. Micro-Aire surgical instruments, North Fork's first tenant is a good model of the type of firm the project hopes to attract to the community. This firm will hire locally, collaborate with the University on research and design and exported goods. Mr. Jackson said changing the land use designation on the north portion of the North Fork property will allow for the orderly development of the entire property under an integrated, comprehensive and cohesive master plan. The northern portion of the NOrth Fork property conforms to the general land use standards defined in the Comprehensive Plan for industrial development. A boundary adjustment to the Hollymead growth area to include the northern portion of the North Fork property would be consistent with the language from the policy for the submittal of proposed amendments to the Comprehensive Plan. This new northern boundary (Rivanna River) is a logical, topographical boundary as called for in the policy language. Water and sewer service currently are available to the property. While there is a need to upgrade the long-term capacity of both regional systems, there are several solutions which the County and the Rivanna Water and Sewer Authority can choose to address these long-term capacity issues. Moreover, these long-term capacity re- straints exist whether or not the northern portion of the North Fork property is repositioned because of the development density of the currently zoned land in this growth area. An overall build-out density of the North Fork property of 3.0 million square feet will enable planning and development to respect the unique characteristics of the land and the environmentally sensitive areas by preserving extensive areas in open space. The development of the North Fork property will create an environment and marketing focus which attracts tenants who will provide a wide range of meaningful employment opportunities. Therefore, the fiscal impact of the project will be different from much of the recent development in the area which has been primarily residential and retail-oriented. The development of the North Fork property will increase the real estate tax base and attract industries which export goods and services to and from the area. This will enhance the economic well-being of the community by creating meaningful employment opportunities. The Chamber supports and endorses this amendment because of its belief that the repositioning of the North Fork property will benefit not only the private sector but also the entire community. Mr. Cliff Fox said he had distributed a pamphlet to all Board members, and would ask that each member read it and take it into consideration in the decision-making processe It contains an index and references the proposed National Ground Intelligence Center environmental assessment. With no one else from the public rising to speak, the public hearing was closed at 7:55 p.m. Mr. Martin said the Planning Commission has looked at this request at least two times and this Board held a work session on the request last week. He Said most of the issues Mr. Bryant mentioned have been looked at, and he is prepared to move forward. He then offered motion to approve CPA-94-01. The motion was seconded by Mr. Marshall. Mrs. Thomas said she does not think the issues raised have been settled, but since there is no fiscal impact model available yet, that is something that will have to be given careful scrutiny before the rezoning. Mrs. Thomas asked for a clarification. She said an area that was once referred to as a "little sliver of land" is in fact 78 acres that drain into the watershed for the North Fork intake. The Planning Commission's recommended wording is that it not be developed in a way that will harm the intake. She asked if it could be included in the rezoning so it could be looked at more closely. Mr. Cilimberg said that is correct. Mr. Martin said he only meant to indicate that the issues had been discussed and that the proper sequence had been discussed and put into place. Mrs. Humphris said the Planning Commission did a thorough amount of work on this request. She feels UREF also provided complete information. If this passes tonight as a Comprehensive Plan amendment, issues to be dealt with are those dealing with water supply, sewer, roads (two interchanges to serve this area), and the fiscal impact model which is essential for the rezoning process. This will probably have a negative affect on the availability of affordable housing because it will mean growth in the future. The Board needs to begin thinking about ways of addressing that problem. Mrs. Humphris said she needs to understand a question she brought up last week that uses not be allowed on this property which have an unusual need for water. She asked if that is something than can be added to the recommendations the Planning Commission has presented. Mr. Tucker said he believes it could be done by the Board, but the Board will have an opportunity to review proffers, etc. during the rezoning request. He believes the Board could add language stating such a concern. December 14, 1994 (Regular Night Meeting) 000284 (Page 11) Mrs. Humphris said some of the changes the Planning commission made were to evidence or make notes of concerns that needed to be given consideration. She feels that businesses should not be solicited that would require unusual amounts of water. She would like to see some language inserted. Mr. Bowerman said he believes the applicant is aware of the BOard's concern about excessive water usage or sewage capacity. 'He thinks that at the time of the rezoning, there could be a meeting of the minds. It is obviously something that the applicant would need to proffer. Mr. Martin said he has a great deal of concern about affordable housing, but he feels that affordable housing is one of those issues approached from two different directions, the price of the house, and a person's ability to pay for it. What the Board is doing tonight helps with the side of the equation that helps a person be able to pay for it. Right now~ the average price of a home is $130,000, while the average wage in this area does not give enough money to afford the average home. What is being done tonight might bridge that gap a little. Mrs. Humphris asked about the discussion of maintenance of detention facilities that are to be put in place under Best Management Practices. Mr. Davis said that the way county ordinances are set up now, it is the responsi- bility of the property owners to maintain any detention basins. The County requires that maintenance agreements be recorded at the time of development. The applicants have indicated that they are planning to have a regional detention system and they, as the developers, will be maintaining it. Mr. Tucker said staff encourages construction of a regional system. With no further discussion of this petition, the Chairman called for a roll call. The motion carried by the following recorded vote: AYES: NAYS: Mrs. Thomas, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. None. (Note: The actual wording of this amendment was combined by the Planning Commission into one set of words for the Hollymead profile text. Wording is set out following the public hearing on the next agenda item, CPA- 94-2, Kessler Group South Forest Lakes.) Agenda Item No. 11. CPA-94-2. Kessler Group South Forest Lakes. Public Hearing on a request to amend the Land Use Map to include 126 ac composed of TM46,Ps97A(1)&97B; TM46BS,Pl(portion of) in the Nollymead Communi- ty. Located E of Powell Creek, N of Rt 643, W of Norfolk & Southern Railroad, SE of The Greens at Mollymead. If incorporated, subject acreage would be designated for low density residential use (1-4 du/ac). Rivanna Dist. (Advertised in the Daily Progress on November 28 and December 5, 1994.) (Mr. Bowerman said, as he has in the last two occasions when something for Forest Lakes South came up, he will abstain from hearing this issue. He anticipates that his company will be equipping any recreational facility that Forest Lakes will eventually have. He does not feel it would be appropriate for him to hear this request. Mr. Bowerman left the room at 8:05 p.m.) Mr. Cilimberg summarized the staff's report which is on file in the Clerk's Office and made a part of the permanent records of the Board. He said the additional acreage will be incorporated into the Forest Lakes South development. Access to this area will be provided through the internal roadway system for Forest Lakes South. The developer has indicated less than 200 units in this area, so there will be less than the 800 unit maximum estab- lished with the rezoning. The issues before the Planning Commission primarily dealt with the relationship of this existing growth area, the access, provi- sion for any potential road alignments in association with the Meadow Creek Parkway, and the relationship of this area to the Proffit community which is an historically active community along Route 649. Mr. Cilimberg said the Planning Commission, at its meeting on Novem- ber 8, 1994, unanimously recommended approval of this request as presented by staff and modified by the Planning Commission in the Nollymead profile text. The public hearing was opened. Mr. Frank Kessler was present. He said the Planning Commission has thoroughly reviewed what is proposed. This will give the applicant the opportunity to complete a project which he feels has been a win-win situation for the citizens who live there, and also for Albemarle County to achieve the goals of its Comprehensive Plan to get development out of the rural areas and into the growth areas. He reminded everybody that this was Dr. Hurt's land originally. Growth areas are established by natural boundaries, and this is only the addition of a piece of that property that was actually outside of the natural boundary. Eight years ago when he stood before the Board with the Forest Lakes plan, this property was colored in as part of that development. Ne offered to answer questions. Mrs. Thomas said the Board is aware that land in the growth areas is limited and cannot be expanded forever. She asked if anything can be done to increase the proposed density for this portion of the property. Mr. Kessler December 14, 1994 (Regular Night Meeting) (Page 12) said they are not able to increase the densities because of the topography of the land. Mr. Martin Said this portiOn Of the property runs back into an old, established rural neighborhood, and he is not sure this is the place to intensify densities. Mr. Kessler said they originally requested the maximum number of dwelling units (800), but they are not able to achieve that. Mr. Martin asked if a natural area is being left between the existing neighborhood and the new neighborhoods. Mr. Kessler said they have preserved every tree they. could and still connected the areas in the northern part. With no one else from the public rising to speak, the public hearing was closed. Mrs. Thomas asked if the County is closing any options for the Meadow Creek Parkway by approving this request at this time. Mr. Cilimberg said this request does not specify any particular development pattern. The words "reservation of adequate and useful right-of-way for the Meadow Creek Parkway and or associated collector roads in areas of new development" is a part of the amendment language. Also, there is only one potential alignment (T-4 connector) under review in this particular area. If that would be the chosen alignment, it would be necessary to preserve that alignment when the property is requested to be rezoned. At this time, motion was offered by Mr. Martin to approve CPA-94-2 as recommended by the Planning Commission. The motion was seconded by Mr. Marshall. Roll was called, and the motion carried by the following recorded vote: AYES: Mrs. Thomas, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. NAYS: None. ABSTAINING: Mr. Bowerman. Note: The wording for CPA-94-1 and CPA-94-2 is set out in the following amendment to the Hollymead profile text in the Comprehensive Plan. Under the Community of Hollymead in the Comprehensive Plan, make the following changes: Change the wording of LOCATION to the following: The eastern boundary of the Community begins at a point on the North Fork Rivanna River just north of Route 785 and follows Route 785 south to Route 649, east along Route 649 to its 90 degree curve, then southwest to the natural stream boundary of Powell Creek and its tributaries, then south along Powell Creek to its point closest to the Southern Railway Line, then east to the Southern Railway and south along the Southern Railway to Route 643. The northern boundary follows the North Fork Rivanna River from Route 606 to a point just north of Route 785. The western boundary of the Community follows the alignment of Route 606 to the Charlottes- ville-Albemarle Airport where it goes west and south around the airport to Route 743, following Route 743 to Route 643 and then heading east to Route 29 North. Change the section entitled PUBLIC WATER AND SEWER to the follow- ing: North of Route 649 Water treatment is provided at the North Fork Rivanna River water treatment plant and storage is provided at Piney Mountain. The treatment plant has a capacity of 2.0 million gallons per day. A maximum 800,000 gallons per day can be withdrawn from the North Fork of the Rivanna. This flow is not adequate to meet the needs of service area under build-out. To increase available water supply, two options are available. The first is to abandon the existing North Fork Treatment facility and service the area from the South Fork Rivanna River system. The second is to utilize Chris Greene Lake as a reservoir, with supplemental discharges from the lake being diverted to the North Fork raw water intake, enabling the treatment plant to operate at increased capacity. Sewer capacity is currently provided at the Camelot treatment plant. The capacity of the plant is 365,000 gallons per day. This treatment is not adequate to meet the needs of the service area under build-out. The ACSA has guaranteed an upgrade of the existing sewer system once the capacity of the current treatment plant has reached 90 percent. Options to providing additional sewer service to this area include: 1) pumping wastewater south to Airport Road and ultimately to the Powell Creek interceptor; 2) upgrading the Camelot Treatment Plant; and 3) constructing a sanitary sewer along the North Fork of the Rivanna River back to the Rivanna Interceptor. South of Route 649 Water service is available south of Route 649 from the South Rivanna system. Sewer is available through the Powell Creek Interceptor. These large regional systems must meet the Hollymead December 14, 1994 (Regular Night Meeting) (Page 13) service area needs as well as the service needs of the Urban Area, Rivanna (water only) and Crozet (sewer only). Make the following changes in the R~CO~4~DATIONS section: Add as bullet ~1: Hollymead's purpose is to provide a mixed use community that allows people to live in close proximity to their work place and shopping and service areas. A wide variety of housing types, services and jobs are anticipated. Community-wide automobile dependence should be reduced by encouraging transit-oriented development and providing a full range of pedestrian/bicycle community elements such as walkways and bike paths that connect residential areas to transit nodes and to employment/shopping/service areas. Add as bullet ~2: Ensure evaluation of future land use proposals under the fiscal impact model prior to rezoning approvals. Appropri- ate planning/phasing of the development to match service/- infrastructure availability and capacity should be estab- lished. Add as bullet ~5: Provide linkages between neighborhoods within the Hollymead Community (including non-residential areas) through the use of pedestrian and bicycle facilities, linear parks, roads and transit alternatives. The emphasis is on linkage be- tween development areas, not just within each development. Chanqe bullet ~6 to read: Preserve the stream valleys and their tributary drainage ways, plus adjacent areas of steeply sloping terrain, as an open space network. This network is designed to tie into future residential development areas in Hollymead. The stream valley along the North Fork Rivanna forms a northern boundary of the Community, and should be developed as a greenway for passive recreation. Add bullet ~7 to read: Protect the North Fork Rivanna River water supply intake area by prohibiting any development or creation of impervi- ous surfaces within this area which endangers~water quantity and quality. Add bullet ~8 to read: All industrial/office areas should be substantially buffered from residential areas. This is accomplished through the planting of new vegetation and preservation of existing vegetation. For the area now referred to as the North Fork Research Park, provide a 50-foot buffer around the perime- ter. Add bullet ~11 to read: Develop all industrial office areas in a highly sensitive manner that clusters development in suitable areas and protects environmental features through the provision of open space. For the area now referred to as the North Fork Research Park, limit development of the area to 525 areas (297 acres added as a 1994 amendment). Total buildable area shall not exceed 3.0 million square feet. Development of the entire industrial area shall be pursuant to an overall plan of development under the appropriate planned develop- ment zoning. Add bullet ~12 to read: Provide a plan to address historic features located in the area now referred to as the North Fork Research Park to retain historic context and continuity. Add bullet ~21 to read: Establish a low density residential area east of Powell Creek and west of the Southern Railway consisting of approx- imately 126 developable acres. December 14, 1994 (Regular Night Meeting) (Page 14) Add bullet ~23 to read: 000;287 Encourage a full range of housing types and costs within the Hollymead Community. Large employers should work with the Albemarle County Housing Committee to determine what em- ployee housing assistance programs can be implemented. Target opportunities for employees at the lower income level and employees hired locally. Under section entitled "Transportation improvements include" add paraqraphs readinq: Phasing of road improvements necessitated by new development which increases traffic on Route 649 (Airport Road), Route 606 (Dickerson Road) and Route 29. This will include the construction of interchang- es at Route 29 and Route 649 and Route 29 and the northernmost access point to the area now referred to as the North Fork Research Park and development east of Route 29. Necessary improvements should be accom- plished by fair share contributions from new develop- ment. Incorporating into the design of area now referred to as the North Fork Research Park project a possible connection to the Meadow Creek Parkway if Alternative "Wi" is selected as the preferred alignment. Development of alternative modes of transportation to serve the Hollymead Community, particularly large employment generating areas. This may be accomplished through partnership between developers of large em- ployment generating areas and the Metropolitan Plan- ning Organization (MPO). Reservation of adequate and useable right-of-way for the location of the Meadow Creek Parkway and/or asso- ciated collector roads in areas of new development. Under "Water and sewer improvements include" chanqe paraqraph ~2 to read as follows: Long range interconnection of the Camelot sewer system with the Powell Creek or Rivanna inter- ceptor. While expansion of the Camelot Sewage Treatment Plant to 300,000 GPD capacity will meet short-term needs, in the long term this interconnection will be necessary to meet ulti- mate development requirements. Amend Table 55, Development Potential, Community of Hollymead, to read as follows: Developable Dwellings ...... Acreage Units Residential-Low 868 868-3472 Residential-Medium 290 1189-2900 Residential-High 190 1919-6460 RESIDENTIAL SUB-TOTAL 1222 3976-12,832 Neighborhood Service 10 Community Service 75 Regional Service 118 Industrial Service 777 Office Service 88 Public 72 NON-RESIDENTIAL SUB-TOTAL 1140 UNDEVELOPED TOTAL 2362 *Note: The changes in this table reflect only the addi- tional developable acres added by amendment to the Land Use Map. The table has not been otherwise updated to reflect recent development activity. (Notel Mr. Bowerman returned to the room at 8:15 p.m.) Agenda Item No. 12. ZTA-94-06. Six Star Associates. Public Hearing on a request to amend the Zoning Ordinance in Section 27.2.2 of the Light Industry District to allow "outdoor recreation such as miniature golf, go- karts, bumper boats, batting cages, etc." by special use permit. (Advertised in the Daily Progress on November 28 and December 5, 1994.) December 14, 1994 (Regular Night Meeting).' 0002~8 (Page 15) Mr. Cilimberg said the proposed text amendment would introduce outdoor. recreation establishments as a special permit use into the Light Industry, LI, District. Currently, thezbningordinanCe allows commercial recreation establishments in the Commercial, C-i, Highway Commercial, HC, and Planned Unit Development, PUD, Districts. Prior to the 1980 revisions, the Zoning Ordinance industrial districts contained a mixture of industrial and commercial uses. During the 1980 redraft, an effort was made to delete commercial uses from both the LI and HI Districts. The current LI District consists mostly of manufacturing, process- ing, assembly, and distribution of products, but also includes offices, a commercial use. In 1993, indoor athletic facilities were added as a use by special use permit. The previous M-1 District consisted of by-right uses such as processing, manufacturing and assembly and also included many by-right commercial uses such as automobile sales and services, commercial greenhouse, feed and seed stores, and go-kart and trail bike tracks by special use permit. There is in the Comprehensive Plan only reference to supporting commer- cial uses for the LI District. This use, commercial recreation establishment, is not likely to be a supporting use for industrial activity. Staff does recognize that there may be circumstances where an induStrial area might be appropriate for certain commercial recreation activities because of noise or perceived nuisance potential. The Zoning Ordinance does require additional setback and buffering of industrial uses near residential areas to avoid some of the nuisance conflicts. Commercial recreation establishments in the LI District do not further the industrial purpose of the District, but may be consistent with the permitted uses of the District in certain cases. Given the uncertainty that a particular LI parcel will be appropriate for this use, staff recommended that this use be allowed only by special use permit. Mr. Cilimberg said the Planning Commission, at its meeting on Novem- ber 22, 1994, by a vote of 4/1, recommended denial of ZTA-94-06. They did not want to use the supply of industrial land for this type of use, feeling that it conflicted with the purpose of industrial land zoning. Even in an indus- trial setting, it still poses potential conflicts with other uses and may be of the same character and impact as it would be if located in a commercial district. With no questions for Mr. Cilimberg, the public hearing was opened. Mr. Wendell Wood, the applicant, was present. He said there have been at least five requests before the Board in the last few years for this type of use. Most of the property has been in a commercial zone, and has brought out a lot of opposition because those commercial zones are real close to residen- tial development. This particular request came about with a specific site in mind. The property is on the west side of Route 29 North where the radio towers are about one mile north of the Sheraton Hotel. This is an ideal spot because it is a major thoroughfare, there are no residential units close, and it is accessible to the population that will use it. Mr. Wood said this is not a rush item, and he could bring back informa- tion to show that about 50 of these facilities are located around the country in industrial areas adjacent to commercial and close to neighborhoods. He did not want to get that information until he got some kind of feeling from the Board members about the request. He can show that it is a use that is compatible with an industrial zone; an attractive facility, extensively landscaped. In this particular case, an attractive, compatible piece of property has been identified. It is bounded by industrial land, by radio towers on one side and Route 29 on the other side. The Forest Lakes South entrance is across the street, and they have commercial zoning on the front of that property that would even buffer the east side of the highway. Mrs. Thomas asked if a suitable site which is zoned industrial is found, why not request that it be rezoned commercial if only commercial zoning is allowed for the use he proposes. Mr. Wood said that is the way this request actually started, but in talking with Planning Staff, they thought this piece of property would not be approved for commercial because of Comprehensive Plan recommendations. If it could be zoned commercial with a special use permit, that would be fine with Mr. Wood. That is not the mechanism that was proposed to him. Mr. Cilimberg said this request is not connected to any specific piece of land at this time. However, the site they are talking about would have to be amended into the Comprehensive Plan and then rezoned. (Note: Mr. Marshall left the meeting at 8:25 p.m.) Mr. Carroll Good said he lives in Airport Acres and just found out about this request. He objects to this proposal and would like for the Board to consider the comments and recommendations of the Planning Commission and vote "no '~ . Ms. Lisa Harman said she is concerned because it appears that this amendment is aimed at facilitating the permitting process for just one specific amusement park. She thinks approval would set a bad precedent. She noted that next week there are work sessions scheduled on the Comprehensive December 14, 1994 (Regular Night Meeting) (Page 16) Plan Economic Developmeg~.~is~oning process. She thinks a clarified policy should be in effect bef°r~ii~h~"br6ad~ran~e~ decisions are made that could impact light industrial areas, she thinks that in 1980 this change was made because light industry does not favor commercial use or meet the intent of the Comprehensive Plan in terms of light industrial. Also, she understands that often times light industry has office uses within the industry itself. She said when an amusement park was proposed to be near the Daily Progress it was felt it would affect their concentration on the job. She said every time there has been such a proposal before the Board, there have been many people present who are worried about the nuisance factor. Also, she wants to have recreational facilities that will exercise and develop the mental and physical bodies of her children. She listed available facilities already in place in the community. She said people want ball fields, pools, parks, walking and bike'trails, and she is not sure the proposed facility would be something the community needs. (Note: Mr. Marshall returned to the meeting at 8:27 p.m.) Mr. Jack McDonald said five times in the last 18 months a developer has tried to inflict an amusement park on one or more County neighborhood. One request was withdrawn, and the Board denied the other four. There were many people present and the majority were overwhelmingly opposed to the petitions. Citizens view these projects as a threat to home and hearth and family. A number of personal reasons for opposition were listed, such as: children's safety, road crossing, noise and light problems, deterioration of the general area, and those are just as valid for this location as for the others. This location is directly across from the entrance to Forest Lakes and the buffer of commercial property is 0.15 acre, it is not a major portion of land and it is only on the north side of the entrance to Forest Lakes South. Mr. McDonald said when this type of facility is put in the county, it will not bring into the County people who provide better paying jobs. He read some quotes by Forrest Marshall from the Daily Progress concerning the last such request° Mr. McDonald said he believes this is a bad idea and he asked that the Board vote against the request. With no one else from the public rising to speak, the public hearing was closed. Mrs. Humphris said Mr. Wood had asked if there were any interest on the part of Board members in this project, and from her point of view, there is none. Mr. Martin said in the Planning Commission minutes it is noted that a member asked for information about the amount of light industrial land already zoned in the County. Mr. Cilimberg said the total amount of such land which is undeveloped is 826 acres. A lot of that land is on Route 29 North. The land that Mr. Wood looked at is not zoned LI at this time. Mr. Martin said he feels as the Planning Commission members did on this request. It is hard to separate the issue before the Board from the proposal for go-karts. If he tries to decide if light industry is a good place for go- karts, it is hard to do without additional information, so at this point he cannot support the request. Mrs. Humphris said she talked to a couple of owners of small companies in a light industrial district, and they were horrified at the idea of having anything like that pr6posed near them. Thinking about these particular industries, it would not be a compatible use for them. Mr. Bowerman said Mr. Wood had indicated that often in other localities, the only place they have for these facilities is in a light industrial zone. He can tell from the staff's report that the County, in the past, has looked at commercial uses in industrial areas as possibly being in conflict because of traffic, and generation of people versus an industrial use. He asked if Mr. Cilimberg had any information on these requests being located in indus- trial areas in other parts of the country. Mr. Cilimberg said staff spoke to the applicant about providing some of that information; he does not have any information at this time. He did check with some other localities in Virgin- ia, but only about recreation in general, and not particularly about go-karts. James City County has an allowance for amusement and theme parks in one of their industrial districts. Normally, these are in commercial type districts and most are by special use permit. Mr. Tucker said other communities may have this type of use in an industrial zone, but many communities have a different type of zoning ordinance. They may have a pyramid type, or inclu- sive zoning in which any progressive, less intensive use is allowed in the next use down so the one on the bottom of the pyramid is the heavy industrial and everything above it are less intensive uses allowed in the heavier uses. Albemarle County has a more exclusive ordinance in that each type of use is identified, and they are not necessarily allowed in the next more intensive use. Mr. Bowerman said from a land use point of view, there is a potential for conflict. Ne thinks that the County properly excluded commercial uses. from industrially zoned land. At this time, he is not willing to pursue a change in philosophy which would accommodate commercial uses in industrial zones. 000290 December 14, 1994 (Regular Night Meeting) (Page 17) Mrs. Thomas said when the Board rgviewed the UREF petition last week she was concerned about the n~i'!~of ~'~~idings intheir plan. She pictures industrial as being valUable industrial land in the community so this request does not strike her as a direction in which the County should be moving. At this time, Mr. Martin offered motion to deny ZTA-94-06. The motion was seconded by Mr. Bowerman. Roll was called, and the motion carried by the following recorded vote AYES: Mrs. Thomas, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. NAYS: None. (Note: The Board recessed at 8:42 p.m. and reconvened at 8:54 p.m.) Agenda Item No. 13. Presentation from the Sustainability Council. Present was Mr. Frank Kessler to give a report on activities of the Sustainability Council. He said that a year ago he was asked to serve on the Council. He said it is a very diverse group. At the first meeting that he attended, someone said they were interested in stopping the developers and making them pay when they ruin things in the County. He replied to that person that he agreed, and he is a developer° He asked them why they should stop by just looking at development. Mr. Kessler said he remembers that when a study of the Reservoir was done, it showed that more than one-half of the damage was a result of agriculture, and less than one-half was the result of development. Mr. Kessler said this is a hard-working group, and they have gained a lot of mutual respect for their different positions. He said it is a shame that the understanding the members are gaining cannot be shared by everyone in the County. He said there are two main points on which they all agree. All must think long-term, and all must think of future generations. All agree that the environmental group needs to respect the business group and the business group needs to respect the environmental group, and all can and must work together in order to achieve a sustainable community which is the entire Thomas Jefferson Planning District; it is not just Albemarle County. Mr. Kessler asked the meaning of "sustainability". He compared this to the development of a very large tract of land where the developer would first do an environmental analysis of the property to find out what restrictions the environment had put on the property. Then he would ask how he could maximize the economic viability of the property, and how he could maximize the use of the property. If the property is to be disturbed, there should be maximum use of the property. Some of the areas to be looked at include soils, slopes, wetlands, streams, vegetation, historic preservation, water sources, etc. This has to be looked at for the entire district. He said there are limiting things in all of the districts. Mr. Kessler then presented a slide show of the Council's activities from the time that it was formed. He ended by saying that there will be three regional town hall type meetings, in February, In April and in June. The draft work from these meetings will be presented to the Council in the off months of March, May and July. He said it has been very rewarding, and when he hears comments fr0~ ~b0th sides of the aisle" about the environment, business, and other such things, environment and business can and must work together, but it will take a lot of planning. That is what the Council is doing today. They are taking a scientific approach by bringing in scientific people who will assist them with a lot of the details. When everyone respects the environment, be believes the business community will be able to accomplish its goals, but there will be trade-offs. Mr. Kessler said a healthy environ- ment, plus a healthy economy, in generations to come will create healthy living for everybody. Agenda Item No. 14. Discussion: GE Fanuc Project. (Note: Mr. Bowerman said at the last meeting on the discussion of this item he removed himself from the discussion° Since that time, his potential conflict of interest has been removed. Basically, what that means is that he and his partner have decided to forego any potential business opportunities that may result as a product of what this Board does regarding the question of GE Fanuc. They felt this issue was of enough significance that he should be a part of the process.) Mr. Tucker said he would report on the GE Fanuc request which was deferred from the December 7, 1994, meeting of the Board. Me said GE Fanuc is considering an expansion of its existing facilities on Route 606 in northern Albemarle County. Capital investment over the next three years is projected at $53.8 million and could create a total of 250 jobs in Phases I and II. GE Fanuc has estimated that 85 percent of the new hires would come from the community. Phase I will create approximately 150 new jobs at an average wage rate of $14.00 per hour generating an additional local payroll of $3.5 million. GE Fanuc estimates that Phase I will generate an increase of $1.0 million in local taxes. Phase II is estimated to create the potential of 100 additional jobs while adding four new major business initiatives generating 00029: !. December 14, 1994 (Regular Night Meeting) (Page 18) ~ .~ ........ .~...~. ......... $100.0 million in sales The expansions planned will generate $400,000 in needed training facilities and $550,000 in non-facilities related expenses. The State has indicated an ability to fund approximately $125,000 in direct training funds. The Governor's Opportunity Fund has been identified as a potential source for additional assistance. The fund is estimated as an incentive to attract or keep jobs in Virginia. It requires a dollar-for-dollar match from the locality and is available for projects that exceed $5.0 million in capital investment and the creation of a minimum of 50 jobs in Virginia. Mr. Tucker said additional assistance for transportation improvements may be provided for the GE Fanuc project through the State's Industrial Access Fund. This fund can provide up to $300,000 per fiscal year unmatched by the locality. At the present time, staff is working with the University Real Estate Foundation to identify the costs associated with access to the Micro- Aire. project. It is anticipated that that project will require $200,000 in the current fiscal year from this program leaving $100,000 available prior to July l, 1995, and $300,000 afterwards that could be applied to the GE Fanuc project if their requested improvements qualify. Mr. Tucker said GE Fanuc has asked the Board of Supervisors to support this expansion in the County to the extent possible as there are vacant GE facilities in several other states. The nature of GE Fanuc's request is to help draw down available grant funds from the Governor's Opportunity Fund. While the County's Comprehensive Plan relating to Economic Development leaves industrial expansion to the private sector, the County has, in the past, facilitated low interest loans through approving Industrial Revenue Bonds. A loan from the County to its Industrial Development Authority to GE Fanuc will meet the match requirements for the Governor's Opportunity Fund and may be considered as the primary purpose for such action. State requirements that localities participate in some fashion in order to access state funds has been identified as the reason GE Fanuc approached the County. In response to concerns about available labor, staff recognizes the difficulty in presenting irrefutable evidence. Mr. Don Martin of the Virginia Employment Commission has advised that there are presently 1000 unemployed workers in Charlottesville/Albemarle County and over 3300 when adjoining counties are considered which would create a pool of unemployed workers from which to draw. In terms of potential fiscal impact, GE Fanuc officials predict that in both phases of the project, spanning a 24- to 36-month period, approximately 10 percent to 20 percent of the needed labor might come from outside the region. This would amount to 25 to 50 of the total employees hired. It is GE Fanuc's goal to keep this number as low as possible due to the high cost of relocating employees from outside the area. Mr. Tucker said staff makes the following recommendations: 1) Adopt a resolution requesting Industrial Access Funds in the amount of $267,000 from the Commonwealth Transportation Board (Mr. Tucker read the resolution to the Board); 2) 3) 4) Authorize a loan to the Industrial Development Authority in the amount of'$150,000 to be repaid within 18 months at an interest rate of three and one-half percent. (Mr. Tucker said GE Fanuc has indicated that they can borrow money from Japan at this percentage rate.) Such loan is then to be provided to GE Fanuc under identi- cal terms in order to draw down like moneys from the Governor's Opportunity Fund (Mr. Tucker also read to the Board a resolution concerning this item); At the end of 18 months, the interest rate mentioned in #2 above should be adjusted to zero percent provided greater than 60 percent of the new hires at GE Fanuc from now to the date of the repayment are Albemarle/Charlottesville residents at the time of employment; (Mr. Tucker said the 60 percent was based on the current employees at GE. In his presentation last week, Mr. Borwhat indicated that 85+ percent of their employees are recruit- ed from the community. The definition of community is an area which includes surrounding counties, and those that are within easy commuting distance. The zero percent is an incentive to encourage them to meet the goal of 60 percent new hires from the Albemarle/Charlottesville area. Also, because the State indicated that for the Governor's Opportunity Fund dollars from the State are usually matched dollar-for-dollar by the locality. What is being proposed here is a little different. While Albemarle will be requesting a grant from the State, it will be providing a loan. By doing it this way, the State felt it should be a no interest loan.) GE Fanuc, as a condition of receiving loaned funds, agrees as follows: a) training facilities shall be available to other employers in the county for group training, as available; b) training provided as part of this project will not duplicate that December 14, 1994 (Regular Night Meeting) (Page 19) 5) 000292 provided by C~2~EC;"Pied~h~'"~i~inia COmmUnity College (PVCC), or the University of Virginia (UVA); The Board agrees to instruct staff to fast track any related plans from GE Fanuc. Mr. Tucker said staff recognizes the potential precedent setting nature of this proposal should the Board choose to proceed with these recommenda- tions. In order to provide some guidelines for future requests, the following recommendations are suggested: l) Requests will only be entertained for projects which qualify for the Governor's Opportunity Fund (see list of eligible projects on file in the Clerk's Office); 2) Preferential interest rate treatment shall be given for hiring 60 percent or greater of new hires from Albemarle/Charlottesville; and 3) No loan may exceed $150,000 and no more than $300,000 shall be outstanding in such loans at any time. Mr. Perkins asked how the Board members wanted to proceed with this request. Mr. Martin suggested discussing it first. Mrs. Thomas asked about the number of jobs and the wage listed in the staff's resolution. She said information has been received over the last few weeks indicating that 150 jobs will be added over an unspecified time period. She wondered where the figure of 48 months came from. Also, GE only promised that the wage would average $14.00 an hour, not that the rate exceeds $14.00. an hour. Mr. Tucker said the Board can make those amendments if they so wish. He said 24 to 48 months is what he and Mr. Borwhat estimated for the 250 employees. Mr. Don Borwhat said over the next 18 to 24 months they expect to add 150 jobs, and then in Phase 2, which is from 24 to 36 months~ another 100 jobs would be added. The $14.00 average rate on the first 150 jobs is the blend of the rate of the manufacturing (125 employees) and engineering (25 employees) jobs. The entry level rate into the facility is $11.00 an hour. Mr. Borwhat said they like to promote from within because it is very expensive to bring in someone (with a family) from outside of the area. Mr. Martin asked Mr. Tucker about training. He said the University of Virginia (UVA) does not seem to be necessary in the resolution. Mr. Tucker said that is something Mrs. Thomas suggested. The intent was that whatever is offered at UVA not be duplicated at this training facility. Much of the training that GE will give will be so specialized that anyone of these three may not be able to offer it. Mrs. Thomas said she does not feel strongly about UVA, but does feel strongly about CA-TEC, and does not want to see any of the courses offered there duplicated elsewhere. Mr. Borwhat said it would make sense to use CA-TEC if they provided the services that are needed by GE. Mrs. Thomas said CA-TEC has apprenticeship programs with Kloeckner-Pentaplast and others, and she felt it was important enough that it be included specifically, and that it not be just a vague understanding. Mr. M~rtin said UVA might offer certain training, but GE's employee might not have access to that training. Mr. Tucker said UVA will be removed from the resolution. Mrs. Thomas said it needs'to be said that these are the kind of job training programs the Board values and it hopes there are many in the communi- ty. The jobs are not just job training, but are good jobs with a good benefit package attached. Expanding local businesses is always the best way to get local employment, so she thinks it is everybody's idea of the direction that economic development should take. GE obviously could import people, but it is staying here and training and hiring local people and that is something that is valued in the County. She finds the whole game that is being played, not just by GE but by industry all over the country extorting local government, to be distasteful, and even GE Fanuc's own president said recently that the segment that will be most stressed in the next ten years will be local government. It seems ironic to have private industry asking local government for money when it will be the most stressed. She is also annoyed that the State will only give the money if the County comes up with the money. Not so much for Albemarle County's sake because Albemarle can basically afford it, but if that is their economic development policy throughout the state, the counties that most need this program will be hard-pressed to come up with the matching funds. She hopes that the regional economic development group might consider this kind of state policy. Mr. Martin said these are not the only funds the State has for economic development. Mrs. Thomas said she heard from people this week who are not happy with the kind of corporate citizen that GE is in dealing with local small busi- nesses as vendors. It is something GE might want to pursue. Mr. Borwhat disagreed with that. He said they have Partners in Training where they invite December 14, 1994 (Regular Night Meetinq) (Page 20) :~ · all local businesses to their'facility for training. With the Albemarle-Char- lottesville Personnel AsSociation, through GE-Fanuc, they sponsored a day in town where they provide training to all the small businesses at the Omni for one-half a day. They also had some of the small businesses come to GE and they provided training on such things as sexual harassment. Mrs. Thomas said it is not the training aspect, but is the vendor relationship. Also, a lot of people mentioned the "hurry up" aspect of this request, and she did not have an answer to give them. She said she had some changes to the resolution recommended by staff. She agrees with most of the language, however, change the paragraph numbered (1) to read: (1) Principal shall be repaid to Albemarle County within 18 months at an interest rate of 3.5 percent, the rate lowered to zero percent upon convincing evidence that in 48 months, 80 percent of the hires at GE Fanuc during the hiring period are Thomas Jefferson Planning District region residents of longer than one year° Mrs. Thomas said her main change is the 80 percent figure. She said as the Board looks at regional economic development, and recognizing that this is a regional job market, that shows good-will on the Board's part to the neighboring jurisdictions and enlarges the area to include all of the area from which employees are drawn. Mrs. Thomas said she wants to make sure the 80 percent is not achieved by the shifting of employees, but by people actually being hired to meet that goal. Mr. Borwhat asked what is meant by "shifting". Mrs. Thomas said present employees are residents of at least a year, and she would not want them shifted into the new jobs in such a way that people who are not residents are taking other jobs so the new hires are actually 80 percent from the region. Mr. Martin said the resolution mentions new hires at GE and not the new 150. He believes that basically covers the concerns of Mrs. Thomas° Mrs. Thomas said if that is what everyone understands, it is okay. Mr. Tucker said that was the intent of staff. Mr. Borwhat said there is no way to shift employees because 85 to 90 percent of the jobs are entry level posi- tions. Mr. Marshall disagreed. He personally thanked Mr. Borwhat for all the work that had been done to get the plant locally. He is satisfied with the 60 percent figure for Charlottesville-Albemarle. He does not want to put any undue stress on this company, or send any messages that this Board is not willing to work with the company. He is happy with the resolution drafted by staff. Mrs. Humphris said it makes sense to use the 80 percent because Mr. Borwhat said they intend to hire 85 percent locally. If the Board says 80 percent, it will show that this Board has a commitment to the region° Mr. Martin said he does not believe it will matter whether it is 80 percent regional or 60 percent Charlottesville/Albemarle. Mr. Borwhat said from a pure business point of view, it makes sense to hire locally and that is what they want to do. Over the years they have hired locally. The dilemma this time is that there is not much skilled labor available anymore. Now, they have to do a lot of training, but they want to do that locally. Mrs. Humphris said this would be a test case for the Board and if the Board is going to use taxpayer's dollars'for a private interest there has to be a guaranteed return to the public for the money they invest. How will it be possible to show convincing evidence about the residency requirement of one year prior to employment? Mr. Borwhat said he does not know how they would do that. They have never been asked to do anything like this before. Mrs. Humphris said if the Board is going to tell the taxpayers that their money should be used for this purpose, they have a right to account- ability. Mr. Borwhat said that is why they are willing to put at risk whether it is an interest or no-interest loan. They will do their best in reporting, but they don't want to be encumbered by reporting. He does not know what the mechanism would be except to ask new hires, but that might also be a problem, and he will have to get advice from his counsel. Mr. Marshall said he does not disagree with what is being said, but he does not want to "kill the goose that laid the golden egg." He does not want GE moving out of Charlottesville because this Board does not want to be cooperative. Mr. Martin said the 80 versus 60 is actually the same number. They stated from the beginning that 85 percent represented the region. Mr. Marshall said Mr. Borwhat has certain responsibilities when hiring new employees. Can be legally agree to such an agreement as this one? Mr. Davis said there is no specific, legal prohibition about hiring people from a certain area or region. As long as the pool is sufficient in the area to meet federal requirements under EEOC regulations, he does not think there is any specific prohibition that would prohibit him from hiring people here so long as he meets the other federal requirements for equal employment hiring that are applicable to GE. December 14, 1994 (Regular Night Meeting) 00'029.4 (Page 21) Mr. Martin said hetw6~id like tom, Ye that the Board adopt the draft resolution with the changeS'in the sec6~/Section that the rate will exceed $11.00 per hour; under the last'section, change 60 percent to 80 percent, but we are talking about the Thomas Jefferson Planning District region as opposed to Charlottesville/Albemarle; and in No. 3 it does not duplicate services provided by CA-TEC or PVCC. Mr. Bowerman asked if "region" means those counties and the City which make up the TJPDC . Mrs. Thomas said that is correct. She asked if Orange and Madison should be included. Mr. Borwhat said it does not make any difference. Mrs. Thomas said she worded it so that the rate goes down to zero percent interest upon convincing evidence, etc. Otherwise it is unclear as to who is to provide the evidence. Mr. Martin amended the motion to say "if at the end of the project, with convincing evidence." Mrs. Thomas asked if it is the end of the project, or 48 months. She suggested using the 48 months, because at the end of 18 months they will just be getting started. Mr. Tucker said both phases will not be finished in 18 months. Mrs. Humphris said she envisions this as a pilot program. She does not agree with staff that this is a precedent. She thinks the Board should look at it as something to try given certain conditions and parameters to see if it will work. In the doing, there will need to be a reporting burden placed on GE because the Board can't wait for 48 months to see if it worked or not. The Board will need to know on an on-going basis if this is working. The Board has already been promised that if this works, there will be similar requests from other businesses or industries, or things of this ilk. Mr. Tucker asked Mr. Borwhat if they could report a ratio of hiring on a semi-annual basis. Mr. Borwhat said it would be easier for them to do on an annual basis. Mr. Marshall asked what they will do if someone takes a job and quits after six months. He repeats what he said previously, he does not want to kill the goose that laid the golden egg. The Board needs to tell these people that they are appreciative of these jobs. The Board needs to send them a good message so they will work with the County. This company is so cash rich that $5000 or $6000 is nothing. They can disregard the hiring practices and pay the interest. He asked that the Board put them in a good mood so they have a good feeling about Albemarle County so they do what the Board wants them to do. Mr. Martin said he agrees about the message, but which sends a better message, a 4/2 vote, or a 6/0 vote? If the Board can work with Mr. Borwhat and be in agreement on issues such as a reporting time, and be in agreement for a 6/0 vote, he believes that is a stronger message. He is not talking about something GE can't do. He is just suggesting that all work together. He heard Mr. Borwhat say he can report once a year, so why not include that? Mr. Borwhat said it is more tracking and a bigger burden for GE, and the cost of doing that will be expensive, but GE is willing to work with the committee, and they are willing to do something for the community. They are willing to work a little harder than they normally would like to do in order to make something worthwhile for another business. Mrs. Humphris said she believes the Board's highest priority has to be accountability to the people whose money is being spent. In order to be accountable under the economic development policy presently in place, the Board has to be able to say that it is providing for our own and not for people from Massachusetts. In order to do that, there has to be a restric- tion, or the Board cannot justify spending Albemarle taxpayer's dollars to provide jobs for people from just anywhere. Anytime government starts to serve any kind of a private interest instead of the public interest, then government ceases to be able to function at all. Mr. Martin disagreed with that statement, but in order to make Mrs. Humphris feel better, Mr. Martin suggested leaving the motion as he had stated with the inclusion of "with evidence" and under Section (2), put something in that says a yearly update is required. Mr. Perkins asked when GE expects the hiring for phase I to be complet- ed. Mr. Borwhat said it will depend on a lot of things, but they hope expansion will be completed in April or May, 1995. During that period they will be hiring people, and based on their business projections, it will take between 18 and 24 months. Mr. Perkins asked about stating that the interest rates would be based upon the hiring at the end of Phase I or the end of 24 months, to report at that time. Mr. Borwhat said that would be okay. Mrs. Humphris said she believes the Board needs an annual accounting, and does not believe a longer period is appropriate given the nature of the situation. Mr. Borwhat said to be fair, maybe the first reporting should be made when the loan is paid back in 18 months. Mr. Marshall said that is a good compromise. Mr. Borwhat said in 18 months they will have a tracking system in place, and will be in the middle of the hiring. Mr. Tucker asked if December 14, 1994 (Regular Night Meeting) (Page 22) it would be an annual report thereafteri: Mr, Borwhat said the report would be easiest made in January. He:asked how~lOng "annual thereafter" would be. Mrs. Humphris said it would be for 48'month period. Mr. Borwhat asked if they hired the 250 people in three years if that would be the end of the reporting. Mrs. Humphris said "yes". Mr. Borwhat said they intend to hire 250 people, but with some of their opportunities, it could be 450 people, but it could also be only 200 people. If a report is made in 18 months, then annually thereafter until they reach 200 people, not to exceed four years. Mrs. Humphris said that is her understanding; 250 jobs or 48 months, whichever comes first. Mr. Martin then amended the motion to include those provisions. Mr. Bowerman said the Board is recognizing the good faith of GE, and all the Board is trying to do is come up with some indicators to see whether or not what is put down on paper happens. He has every expectation that what is put down on paper will be accomplished. Mrs. Thomas said she does also. She believes it is only because the Board feels it will get other requests that it is doing this. Mr. Marshall said the Board may, but he remembers from Mr. Kessler's presentation earlier today a statement that "the benefits must outweigh the cost". He believes this request does. If you bear that in mind, he believes the Board is a good guardian of the taxpayer's money. At this point, Mr. Bowerman seconded the motion. Mr. Perkins asked if everybody understood the motion. Mr. Martin restated: accept the draft resolution with the changes to include in the second section, $11.00 instead of $14.00; under the "and, be it" section, to put 80 percent in the TJPDC region, and evidence to be presented at the time of the loan at 18 months and every year thereafter until the 48 months have expired, or 250 employees have been hired. Then, strike UVA under 3b, and simply say "CA-TiC or PVCC". Mr. Borwhat said they will probably have to do some type of reporting for the state, and maybe there is some way to use the same report. Roll was called at this time, and the motion carried by the following recorded vote: AYES: NAYS: Mrs. Thomas, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. None. (Note: The adopted resolution is set out in full below.) RESOLUTION WHEREAS, the Albemarle Board of County Supervisors is cognizant of the desire of GE Fanuc to expand its manufacturing and training facilities in Albemarle County; and WHEREAS, GE Fanuc has indicated an opportunity to add 250 jobs over the next 24 to 48 months at a wage rate that will exceed $11.00 per hour; and WHEREAS, the Governor's Opportunity Fund requires local participation in order to access state funds from this source, NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors hereby requests $150,000 in grant funds from the Governor's Opportunity Fund to be used for training facilities related to the proposed expansion at GE Fanuc, AND, BE IT FURTHER RESOLVED, that the local participation for accessing the Opportunity Funds shall be in the form of a $150,000 loan to the Albemarle County Industrial Development Authority who in turn will be asked to loan the funds to GE Fanuc under the following conditions: (1) (2) Principal shall be repaid to Albemarle County within 18 months at an interest rate of 3.5 percent. If, at the end of 48 months, with compelling evidence that greater than 80 percent of new hires at GE Fanuc during this hiring period are Thomas Jefferson Plan- ning District residents, the interest rate for the term of the loan shall be adjusted to zero percent° Annual reports on hiring ratios shall be provided to the Albemarle Board of County Supervisors, at the time the principal is repaid and in January of each year thereafter for 30 months or until 250 new employees are hired, whichever occurs first. December 14, 1994 (Regular Nigh~ Meeting) (Page 23) (3) A. T~a~ihg~fa~£i:~'~'~:'Shall be available to Other County employers for group training, as avail- able. Training provided as part of this project does not duplicate that provided by Charlottesville- Albemarle Technical Education Center or Piedmont Virginia Community College. (4) Loan funds may only be used for job training related expenses. AND LASTLY, BE IT RESOLVED, that the Board instructs County staff to facilitate site plan reviews to the extent possible for the training related facilities. Mr. Tucker said the Board needs to take action also on the resolution regarding Industrial Access Funds. Mr. Martin moved that the Board accept and adopt the following resolu- tion asking the Commonwealth Transportation Board for $267,000. The motion was seconded by Mrs. Thomas. Roll was called, and the motion carried by the following recorded vote: AYES: Mrs. Thomas, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. NAYS: None. RESOLUTION WHEREAS, GE Fanuc owns property in the County of Albemarle and is in the process of entering into contracts to expand its facilities on that property for the purpose of expanding its product lines; and WHEREAS, this new facility is expected to involve a new private capital investment in land, building and manufacturing equipment exceeding $50.0 million; and WHEREAS, GE Fanuc is expected to employ an additional 250 persons at this facility; and WHEREAS, manufacturing operations are expected to begin in this new facility to be phased between 1994 and 1997; and WHEREAS, the existing public road network does not provide for adequate access to this facility and it is deemed necessary that improvements be made to Route 763; and WHEREAS, the County of Albemarle hereby warrants that the necessary right-of-way for this improvement and utility reloca- tions or adjustments, if necessary, will be sought from non-County funds if the project is to proceed. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors hereby requests that the Commonwealth Transpor- tation Board provide Industrial Access Road Funding in the amount of $267,000 to provide an adequate road to this expanded manufac- turing facility with said funds to come from the State's 1995-1996 allocation. Mr. Perkins asked if the Board needed a motion concerning the industrial revenue bonds. Mr. Tucker said "not at this time". Mrs. Humphris said for purposes of clarification, the resolution says TJPDC residents, and it was said they should have been residents for one year. Mr. Martin said that was part of his motion. (Mr. Marshall left the room at 9:59 p.m.) Mr. Bowerman said the intent is that the hire should be someone who is already living here. If there is a good candidate in the market who has only been a resident for eight months, he does not necessarily want to exclude that person. He thinks the Board has to depend on GE's statements that they will do their 80 percent hires from this region. (Mr. Marshall returned at 10:00 p.m.) He would hate to see it tied down to whether it is eight months or eleven months. Mrs. Thomas said she thought tieing this to having lived here for one year was simple. Mr. Bowerman said he understands Mrs. Thomas' concern. Mr. Borwhat said it is not their intent to go out of Virginia to find workers. They can show this through their hiring record for the past five years. Of the last 200 factory associates hired, only nine people have been from outside of the state, and five of those people were technicians. They hire locally, and they screen the applications so that residency is December 14, 1994 (RegUlar. Night'Meeting) i (Page 24) ~i~ ?~ They hire locally, and they screen the applications so that residency is clearly established, the money, make a commitment, and then not live up to it. Mr, Borwhat expressed his appreciation to the Board for its support of the requests. 000297 Agenda Item No. 15. Approval of Minutes: July 6, 1994. Mrs. Humphris said she had read the minutes of July 6, 1994, and given some typographical corrections to the Clerk. She then offered motion to approve the minutes as read. The motion was seconded by Mrs. Thomas. Roll was called, and the motion carried by the following recorded vote: AYES: Mrs. Thomas, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. NAYS: None. Agenda Item No. 16. Other Matters Not Listed on the Agenda from the BOARD. Mr. Tucker said staff suggests the Board eliminate the third meeting in December each year. This came about from the applicant for a zoning petition, which is now to be deferred anyway. It was the consensus for staff to schedu- le so the third meeting in December is canceled when the date is very close to the Christmas Holidays. Motion was offered by Mr. Bowerman, seconded by Mr. Marshall, to reappoint Chief John Miller to a new three-year term on the James River Alcohol Safety Action Program. Roll was called, and the motion carried by the following recorded vote: AYES: NAYS: Mrs. Thomas, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. None. Mrs. Thomas said VDoT is having a hearing tomorrow at the Airport on the State's Long-Range Transportation Plan. It is required by the Federal Government and it is very sketchy at this point, so there is not much to respond to, but there are 23 factors to be considered. The State has to come up with a transportation plan. Mrs. Thomas said the Metropolitan Planning Organization (MPO), at its last meeting, had a discussion about the Meadow Creek Parkway, but since funds are not immediately evident, it was in danger of being dropped off of the MPO's long-range plan which goes to the Federal government. It means that the County would never be able to receive any money for it, so they had to show it as "local funding" even though they don't know what that means. There was no other alternative. The state would not allow them to shown any possible state funding for the project, and there has been no resolution about its being a primary road so it could be shown for federal funding. Mrs. Thomas said they worked on keeping it in the long-range plan, but it was in danger last week of being dropped. Mrs. Thomas said it is still "iffy" if the federal government won't let it be shown with local funding~ Mr. Marshall said he is going away for a few days. Mr. Bowerman said the Planning Commission took action last night not to hear the request from The Highlands next Tuesday, so this Board cannot hear it nextWednesday. He thinks that item should be removed from next week's agenda. Mr. Tucker said it will come up on the agenda next week, and the Board will need to take action to defer the request to an appropriate date. Mr. Tucker said it has been indicated to Mr. Craig that Mrs. Humphris will be away the third Wednesday in January, that is not a date for hearing that item. Mr. Perkins said he believes the applicant wants the application heard the second Wednesday in January or the second Wednesday in February. Agenda Item No. 17. Adjourn to December 16, 1994, 9:00 A.M.~ Rooms 5/6 for a Joint Meeting with City Council. Motion was offered by Mrs. Thomas, seconded by Mrs. Humphris, to adjourn until December 16, 1994, at 9:00 A.M. for a meeting with City Council and the Jail Board. .... ~ : 000298 December 14, 1994 (Regular ~£ght Meet£ng) (Page 25) Roi1 was called, and~6~¥~6~ed by the fOllOwing recorded vote: AYES: Mrs. Thomas, Mr~ B°werman, Mrs~ MUmphris, Messrs. Marshall, Martin and Perkins. NAYS: None. Chairman