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HomeMy WebLinkAbout1994-03-16 000106 March 16, 1994 (Regular Night Meeting) (Page 1) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on March 16, 1994, at 7:00 P.M., Room 7, County Office Building, McIntire Road, Charlottesville, Virginia. PRESENT: Mr. David P. Bowerman, Mrs. Charlotte Y. Humphris, Mr. Forrest R. Marshall, Jr., Mr. Walter F. Perkins and Mrs. Sally H. Thomas. ABSENT: Mr. Charles S. Martin. OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., County Attorney, George R. St. John, and County Planner, V. Wayne Cilimberg. Agenda Item No. 1. The meeting was called to order at 7:00 P.M., by the Chairman, Mr. Walter F. Perkins. Agenda Item No. 2. Agenda Item No. 3. Agenda Item No. 4. Public. There were none. Pledge of Allegiance. Moment of Silence. Other Matters Not Listed on the Agenda from the Agenda Item No. 5. Consent Agenda. Motion was offered by Mrs. Hum- phris, seconded by Mr. Bowerman, to defer Item 5.1 until April 6, 1994, approve Items 5.2 through 5.2b and to accept the remaining items as informa- tion. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Marshall, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Martin. Item 5.1. Set public hearing to amend Section 2-1 of the Code of Albemarle to implement the election of School Board members. (In an Executive Summary from the County Executive, it states that in November, 1993, a referendum authorizing the direct election of school board members by the voters was approved. The first election of school board members will take place in November, 1995. The State Code establishes that the terms of elected school board members elected by districts are coterminous with the board of supervisors member in the same election district. There- fore, the three school board members in the districts where there are board of supervisors elections in 1995 will be up for election. In addition, the seventh school board member, who will be an at-large member, will also be up for election. Staff recommends that a public hearing be advertised for April 6, 1994, to consider the amendment of the County Code in Section 2-1.) Mrs. Thomas asked if the Board would be discussing whether to have a seventh school board member at the public hearing. Mr. Tucker said the language is written to include a seventh member. Mrs. Thomas thought the concept of a seventh member needed a great deal more thought, including what it means to run for election county-wide and having an odd number as opposed to an even number on the school board. Mr. Larry Davis, Deputy County Attorney, said the Code of Virginia requires that the initial elected school board consist of the same number of members as the appointed school board it replaces. He offered to look at the language more closely and let the Board know if there are any alternatives. Mr. Bowerman suggested the Board discuss this issue more in depth prior to the public hearing. Mr. Marshall asked if the at-large member on the school board must be elected or if that position could be appointed by the Board of Supervisors. Mr. Davis said he believes an elected school board must be entirely elected, but he will review the language. Mr. Bowerman asked if the at-large member could be made the chairman of the school board. Mr. Davis said the Code does not speak to that. That has been adopted for boards of supervisors in some jurisdictions, but he does not know if it would apply to school boards. He can consult with the Attorney General's office and report back to the Board. Mrs. Thomas suggested that this item be deferred to allow the Board to receive more information. The Board agreed to discuss this issue further on April 6, 1994, at which time it will decide when to set the public hearing. Item 5.2. Projects to be submitted to VDoT at its 1994 preallocation hearing in Culpeper for the Albemarle County Six Year Primary Road Plan. Mrs. Humphris suggested the following changes to the statement: Page 2, 1st paragraph, amend the last sentence to read: "As service levels on Route ooo o? March 16, 1994 (Regular Night Meeting) (Page 2) 29 North will not improve without them, we request that the interchanges continue to be included in the State's NHS Program funding." Page 3, last bullet, amend the language to read: "Projects not eligible for primary funds, but listed in CATS, such as the Hydraulic Road/Route 250 By-pass Interchange, which should be initiated in the urban system of the City of Charlottesville;" Set out below is the approved statement: STATEMENT OF ALBEMARLE COUNTY BOARD OF SUPERVISORS COMMONWEALTH TRANSPORTATION BOARD PRE-ALLOCATION HEARING ON INTERSTATE AND PRIMARY SYSTEMS CULPEPER DISTRICT M3~RCH 30, 1994 GOOD MORNING, WE APPRECIATE THE OPPORTUNITY TO MAKE A FEW BRIEF COMMENTS ABOUT OUR PRIMARY ROAD NEEDS. MY COMMENTS FOCUS ON THE NATIONAL HIGHWAY SYSTEM AND SURFACE TRANSPORTATION PROGRAM AND ARE CONSISTENT WITH THE PRIORITIES SUBMITTED TO YOU LAST YEAR. THEY ARE STILL FOUNDED ON TWO CRITI- CAL DECISIONS WHICH WE HAVE ALL REAFFIRMED: FIRST, THE PROJECTS IDENTIFIED IN THE CHARLOTTESVILLE AREA TRANSPORTATION STUDY (CATS) AND SECOND, THE MUTUAL AGREEMENT BETWEEN THE CITY OF CHARLOTTES- VILLE, UNIVERSITY OF VIRGINIA, COUNTY OF ALBEMARLE AND COMMON- WEALTH TRANSPORTATION BOARD REGARDING THE PHASING OF THESE AND OTHER ROAD PROJECTS. ADHERENCE TO THESE TWO DECISIONS IS ABSO- LUTELY CRITICAL TO ADDRESSING THE TRANSPORTATION NEEDS OF OUR COMMUNITY. NATIONAL HIGHWAY SYSTEM ROUTE 29 NORTH OF CHARLOTTESVILLE IS TO BE PART OF THE NATIONAL HIGHWAY SYSTEM (NHS). THE BOARD OF SUPERVISORS CONTINUES TO NOT SUPPORT INCLUDING THE PROPOSED ROUTE 29 BYPASS IN THE NHS AS HAS BEEN RECOMMENDED TO CONGRESS BY THE FEDERAL HIGHWAY ADMINISTRA- TION. THIS POSITION IS BASED ON THE LACK OF INFORMATION ON HOW SUCH A DESIGNATION WOULD IMPACT THIS ROAD AND THE IMPLICATIONS OF THIS FOR OUR COMMUNITY. REGARDLESS, THE CURRENT SECTION OF ROUTE 29 NORTH OF THE 250 BYPASS, IS PROPOSED TO BE PART OF THE NHS. THUS, THE PLANNED WIDENING OF THIS ROAD FROM THE CHARLOTTESVILLE CITY LIMITS TO AIRPORT ROAD, AS WELL AS THE GRADE SEPARATED INTERCHANGES AT RIO ROAD, HYDP~AULIC ROAD, AND GREENBRIER DRIVE, FULLY SUPPORT THE INTENT OF THE NHS. THEY ARE ELIGIBLE FOR NHS FI/N-DING AND CONTINUE TO BE OUR HIGHEST PRIORITY WITHIN THE NBS CATEGORY. THE WIDENING OF ROUTE 29 NORTH IS MOVING FORWARD AND WE ARE AWARE THE DEPARTMENT WILL BEGIN DETAILED PLANNING FOR THE INTERCHANGES BUT WE HAVE SERIOUS CONCERNS REGARDING VDOT'S COMMITMENT BOTH TO THE CONCEPT AND ON THE TIMING OF CONSTRUCTION FU1TDING FOR THESE GRADE SEPARATED INTERCHANGES. AS SERVICE LEVELS ON ROUTE 29 NORTH WILL NOT IMPROVE WITHOUT THEM, WE REQUEST THAT THE INTERCHANGES CONTINUE TO BE INCLUDED IN THE STATE'S NHS PROGRAM FUNDING. SURFACE TRANSPORTATION PROGRAM THERE ARE SEVERAL OTHER IMPROVEMENTS THAT WE OFFER FOR YOUR CONSIDERATION. THESE ARE MORE DEFINITELY ADDRESSED IN A REPORT WE WILL LEAVE WITH YOUR STAFF. THEY INCLUDE THE FOLLOWING SURFACE TRAi~SPORTATION PROGRAM (STP) PROJECTS: SAFETY PROJECTS INCLUDE: CLOSING OF CROSSOVERS ALONG U.S. 29 NORTH AS RECOM- MENDED IN A VDOT STUDY ADOPTED BY BOTH THE BOARD OF SUPERVISORS A~ND REAFFIRMED BY YOU ON NOVEMBER 9, 1989; IMPROVEMENTS TO THE ROUTE 240 UNDERPASS AT THE CSX RAILROAD IN CROZET; DEVELOPING FUNCTIONAL PLANS FOR ROUTE 20 NORTH SOUTH FOR ALIGNMENT IMPROVEMENTS; DEVELOPING FUNCTIONAL PLAi~S, INCLUDING ~LNALYSIS FOR SAFETY IMPROVEMENTS, FOR U.S. 250 EAST FROM ITS INTER- CHANGE AT 1-64 EASTWARD TO THE FLUVANNA COUNTY LINE; ENHANCEMENT PROJECTS INCLUDE: BEAUTIFICATION OF ENTRANCE CORRIDORS, PARTICULARLY ROUTE 29 NORTH AND ROUTE 250 EAST; · CONSTRUCTION OF BIKEWAY FACILITIES; OO0'I08 March 16, 1994 (Regular Night Meeting) (Page 3) DEVELOPMENT OF A THOMAS JEFFERSON PARKWAY ALONG ROUTE 53 FROM ROUTE 20 TO MONTICELLO; STANDARD PROJECTS INCLUDE: UNDERTAKING CATS PROJECTS AS OUTLINED IN OUR MUTUAL AGREEMENT, WITH PARTICULAR EMPHASIS ON THE CONSTRUC- TION OF THE MEADOW CREEK PARKWAY; PROJECTS NOT ELIGIBLE FOR PRIMARY FUNDS, BUT LISTED IN CATS, SUCH AS THE HYDRAULIC ROAD/ROUTE 250 BY-PASS INTERCHANGE, WHICH WOULD BE FUNDED IN THE VDOT URBAN SYSTEM; UNDERTAKING PROJECTS PARALLEL TO ROUTE 29 WHICH RE- LIEVE TRAFFIC ON ROUTE 29, SUCH AS THE BERKMAR DRIVE COMPLETION AND THE GREENBRIER/SEMINOLE TRAIL CONNEC- TOR. WIDENING OF U.S. ROUTE 250 WEST FROM EMMET STREET TO ROUTE 637 IN IVY; IMPROVING THE NORTH/SOUTH CONNECTION BETWEEN ROUTE 250 AND ROUTE 240; DEVELOPING DESIGN PLANS FOR THE WIDENING OF FONTAINE AVENUE FROM JEFFERSON PARK AVENUE TO THE SECTION CURRENTLY BEING WIDENED BY PRIVATE DEVELOPMENT. COMPLETION OF THESE PROJECTS IN A TIMELY MANNER IS LARGELY A FUNCTION OF AVAILABLE FUNDING. WHILE ISTEA MAY INCREASE OUR ACTUAL FUNDING WITH THE INFUSION OF ADDITIONAL FEDERAL DOLLARS, THE ROAD NEEDS OF OUR COMMUNITY DICTATE THAT WE CONTINUE TO RECEIVE A FAIR SHARE OF THE DISTRICT'S AVAILABLE FUNDS. WE THANK YOU FOR THE OPPORTUNITY TO PRESENT THESE ISSUES AND IF QUESTIONS ARISE, OF IF ADDITIONAL INFORMATION IS NEEDED REGARDING OUR RECOMMENDATIONS, PLEASE DO NOT HESITATE TO CONTACT ME OR A MEMBER OF OUR COUNTY STAFF. Item 5.2a. Resolution to accept roads in Riverrun Subdivision into the State Secondary System of Highways. By the above shown vote, the Board adopted the following resolution: WHEREAS, the streets in Riverrun Subdivision described on the attached Additions Form SR-5(A) dated March 16, 1994, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the streets meet the requirements established by the Subdivision Street Requirements.of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transpor- tation to add the roads in Riverrun Subdivision as described on the attached Additions Form SR-5(A) dated March 16, 1994, to the secondary system of state highways, pursuant to 4,633.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, that the Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage as described on the record- ed plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. The roads described on Additions Form SR-5(A) are: Riverrun Drive from the edge of pavement of State Route 768 to the end of the cul-de-sac, with a fifty foot right-of-way as recorded 12-22-82 in Deed Book 753, page 754, total length, 0.28 mile. Additional Plats: Deed Book 845, pages 114-118, recorded 07-24-85; Deed Book 1103, pages 144-145 recorded 06-05-90; deed book 1246, page 382, recorded 8-17- 92; deed book 1382, pages 115-116, recorded 02-08-94. OO0109 March 16s 1994 (Regular Night Meeting) (Page 4) Fox Crossing from the edge of pavement of Riverrun Drive to the edge of pavement of State Route 768 with a forty foot right-of-way as recorded 12-22-82 in Deed Book 753, page 754, total length, 0.14 mile. Additional Plats: Deed Book 790, pages 728-732, recorded 03-02-84; deed book 1382, page 117, recorded 02-08-94. Item. 5.2b. Resolution to accept Stoney Ridge Road in Mill Creek Industrial Park into the State Secondary System of Highways. By the above shown vote, the Board adopted the following resolution: WHEREAS, the streets in Mill Creek Industrial Park described on the attached Additions Form SR-5(A) dated March 16, 1994, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transpor- tation to add the roads in Mill Creek Industrial Park as described on the attached Additions Form SR-5(A) dated March 16, 1994, to the secondary system of state highways, pursuant to 4,633.1-229, Code of Virginia, and the Department's Subdivision Street Require- ments; and BE IT FURTHER RESOLVED, that the Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage as described on the record- ed plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. The road described on Additions Form SR-5(A) is: Stoney Ridge Road from the edge of pavement of State Route 1165, 0.23 mile to the end of the cul-de-sac, with a fifty foot right-of-way, as recorded on 9-13-93 in Deed Book 1342, pages 228-248. Other plats recorded in Deed Book 1102, pages 722-730; deed book 1119, pages 33-38; deed book 1269, pages 355-360; deed book 1295, pages 408-412; and deed book 1345, pages 507-511, for total mileage of 0.23 mile. Item 5.3. Minutes of the Rivanna Water and Sewer Authority Board of Directors for January 10, 1994, were received as information. Item 5.4. Letter dated March 1, 1994, from Ms. Mary Ann E. G. Wilson, Manager, U. S. Department of Housing and Urban Development, re: Report on Audit, County of Albemarle, for the period July 1, 1992 thru June 30, 1993, by Robinson, Farmer, Cox Associates, Independent Auditor (IA), was received as information. Item 5.5. Shelby J. Marshall, Clerk of the Circuit Court of the County of Albemarle, Report on Audit for the Year ended June 30, 1993, received as information. Item 5.6. coPy of Planning Commission minutes for February 14, 1994, was received as information. Item 5.7. Quarterly Report of Services and Expenditures provided by JAUNT during the period of October 1, 1993 to December 31, 1993, received as information. Item 5.8. Copy of memorandum dated March 9, 1994 from Mr. David B. Benish, Chief of Community Development, Department of Planning, to Mr. Bill Brent, Albemarle County Service Authority, re: Forest Lakes South Sewer, received as information. (The memorandum states that Section 15.1-456'of the Code of Virginia requires that the extension, enlargement or construction of water and/or sewer lines in the County be reviewed for compliance with the 000 1.5.0 March 16, 1994 (Regular Night Meeting) (Page 5) County's Comprehensive Plan. The Board of Supervisors has provided staff with administrative review of certain water and sewer projects. Staff finds the request of January 25, 1994, to upsize sewer lines serving the Forest Lakes South development in compliance with the Comprehensive Plan.) Agenda Item No. 6. SP-93-34. Putt-Putt Golf & Games (applicant); Lloyd & Patricia Wood (oWners). To expand existing miniature golf course with add't activities (gameroom/clubhouse, bumper boats, batting cages, go-kart track). Property on N sd of Rio Rd approx 0.3 mi E of Rt 29. TM61,P124El&P124E2. Charlottesville Dist. (Advertised in the Daily Progress on February 28 and March 7, 1994.) At the request of the applicant, motion was offered by Mrs. Humphris, seconded by Mr. Marshall, to defer the public hearing on SP-93-34 until April 14, 1994. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Marshall, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Martin. Agenda Item No. 7. SP-93-36. McDonald's at Forest Lakes/Forest Lakes Association. Public hearing on a request for a drive-through in a commercial zone on 9.536 ac zoned HC & EC. Property in SE quadrant of Rt 29N/Timberwood Blvd inters in Forest Lakes. TM46B4,P1. Rivanna Dist. (Advertised in the Daily Progress on February 28 and March 7, 1994.) Mr. Cilimberg summarized the staff report which is on file in the Clerk's office and a part of the permanent record of the Board. Mr. Cilimberg said the Planning Commission, at its meeting on March 1, 1994, unanimously recommended approval of SP-93-36 subject to the following condition suggested by staff: The site shall be developed in general accord with the preliminary site plan identified as Sheet SP-1 and further identified as "Presented to Planning Commission, March 1, 1994," initialed RSK. The Chairman opened the public hearing. Mr. George Gilliam, of Paxson, Smith, Gilliam & Scott, representing McDonald's Corporation, said he had no additional information. He introduced Mr. Bill Savage, the regional real estate manager for McDonald's and Ms. Lisa Barnett, the project manager, who were present. Ms. Barnett designed the McDonald's located on Pantops. The same basic design is being used for the McDonald's at Forest Lakes. There being no other comments, the public hearing was closed. Hotion was offered by Mr. Bowerman, seconded by Mrs. Humphris, to approve SP-93-36 subject to the following condition recommended by the Planning Commission: The site shall be developed in general accord with the preliminary site plan identified as Sheet SP-1 and further identified as "Presented to Planning Commission, March 1, 1994," initialed RSK. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: ABSENT: Mr. Marshall,. Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. None. Mr. Martin. Agenda Item No. 8. ZMA-93-19. Glenmore Associates Limited Partner- ship/Marion Belts Long. Public Hearing on a request to amend ZMA-90-19 by rezoning 8.028 ac from RA to PR/3. Property, surrounded by the Glenmore RPD, is east of Paddington Circle. TM93,P61A. Scottsville Dist. (Advertised in the Daily Progress on February 28 nd March 7, 1994.) Mr. Cilimberg summarized the staff report which is on file in the Clerk's office and a part of the permanent record of the Board. Mr. Cilimberg said the Planning Commission, at its meeting on March 1, 1994, unanimously recommended approval of ZMA-93-19 subject to the following actions suggested by staff: The Planning Commission recommends to the Board that this petition satisfies § 19.5.2 and § 8.5.4 together with other rezoning criteria; Continuing modifications pursuant to § 8.5.4 (d) as set forth in ZMA-90-19; March 16, 1994 (Regular Night Meeting) (Page 6) Acceptance of the revised proffers dated February 24, 1994 as follows: "With respect to ZMA-93-19 - Glenmore Associates Limited Partnership/Marion Belts Lang, Proffers made relative to ZMA-90-19 should be revised to include Tax Map 93, Parcel 6lA (see attached [on file] memo dated December 10, 1990). Specifically, Proffer 1 should be amended to read: "... not to exceed 758 single family units .... " 4. Submittal of revised Application Plan pursuant to § 8.5.5. The Chairman opened the public hearing. Mr. Stephen N. Runkle, General Partner, Glenmore Associates, representing the applicant, had no additional comments to make. There being no other comments from the public, the public hearing was closed. Motion was offered by Mrs. Humphris, seconded by Mrs. Thomas, to approve ZMA-93-19 subject to the following actions recommended by the Planning Commission: The Planning Commission recommends to the Board that this petition satisfies § 19.5.2 and § 8.5.4 together with other rezoning criteria; Continuing modifications pursuant to § 8.5.4 (d) as set forth in ZMA-90-19; 3 o Acceptance of the revised proffers dated February 24, 1994 as follows: "With respect to ZMA-93-19 - Glenmore Associates Limited Partnership/Marion Belts Lang, Proffers made relative to ZMA-90-19 should be revised to include Tax Map 93, Parcel 6lA (see attached [on file] memo dated December 10, 1990). Specifically, Proffer 1 should be amended to read: "... not to exceed 758 single family units .... " 4. Submittal of revised Application Plan pursuant to § 8.5.5. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Marshall, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Martin. The Board took up Agenda Item No. 10 at this time, since the applicant for Agenda Item No. 9 was not present. Agenda Item No. 10. ZMA-93-15. Lloyd F. & Patricia Wood. Public Hearing on a reques[ to rezone 0.53 ac from R-15 to C-1. Property located behind Putt-Putt on Rio Rd approx 0.33 mi E of inters with Rt 29N. TM61, P124E(part) is located in Urban Neighborhood 2 and is on boundary of areas recommended for office service and high density residential (10.01 - 34 du/ac) in the Comprehensive Plan. Charlottesville Dist. (Advertised in the Daily Progress on February 28 and March 7, 1994.) Mr. Cilimberg summarized the staff report which is on file in the Clerk's office and a part of the permanent record of the Board. Mr. Cilimberg said the Planning Commission, at its meeting on February 24, 1994, unanimously recommended approval of rezoning that area marked A on Attachment C (copy on file). The Chairman opened the public hearing. Mr. Lloyd Wood, the applicant, said he is in agreement with staff's recommendation. Mr. Wood said the basic reason for this request is to provide proper angles to identify the metes and bounds. The other reason for this request is to eliminate the curvature in the road that accesses the other 16 acres located between his property and Raintree Subdivision. The logical place for the road is along the northern boundary. This rezoning would also provide for a natural buffer. Mr. Rob Ingram, representing Liberty Construction Corporation, a company that purchased 9.8 acres from Mr. Wood, addressed the Board. Liberty Con- struction is proposing to build 139 affordable housing units in the area. He emphasized that the reason for this rezoning request is not to provide a buffer, but to allow Mr. Wood to set the stage for his go-kart track, batting cages, etc. The proposed configuration allows Mr. Wood to extend his commer- cial development at Putt-Putt to accommodate his special permit request. Any further deterioration of the R-15 zoning puts a substantial hardship on the March 16, 1994 (Regular Night Meeting) (Page 7) housing development and brings into serious question whether the development will go forward. The use of this area is consistent with high density residential development. With the exception of Putt-Putt, which is an innocuous activity, the other uses in this area are quiet activities that do not generate a great deal of noise or traffic. If this rezoning is approved, it would set the stage for a stronger argument to approve the go-kart request. It would be hard for Liberty Construction to sell and market housing in the context of that kind of usage. Liberty Construction opposes this rezoning request. Should the Board approve the request, Liberty Construction concurs with the Planning Commission's recommendation. Mr. Ingram said if Mr. Wood would proffer that the roadway would be built along the proposed newly rezoned area, Liberty Construction would be more comfortable with the request. This area is residential and highway commercial. He asked the Board to consider the nature of those developments and their compatibility to the area in aesthetics and sound. If the County is interested in affordable housing, then this Board would be compromising Liberty Construction's ability to move forward on its project by allowing this use which is a prelude to the special use permit. Furthermore, this is taking away land that is more conducive to residential development. He also intro- duced Mr. Ken Mills,' a representative of Liberty Construction, who was present. Mr. Bowerman asked if Liberty Construction anticipates being receptive to Section 8 housing. Mr. Mills replied, "no"; the units will all be rental. Mr. Marshall asked what the monthly rental cost would be. Mr. Mills said a two-bedroom unit would rent for approximately $500 and a three bedroom would be in the $600 to $700 range. Mr. Marshall commented that is not affordable housing. Mr. Ingram said those prices are competitive with the rental market in Albemarle County. Mr. Marshall said he owns a lot of rental property and he knows what is and what is not affordable housing. Mr. Marshall said he is concerned about the allegations being made that Mr. Wood is doing something other than what he has stated. Mr. Ingram said he is merely stating that the rezoning of this property as proposed by Mr. Wood is a prelude to another stated purpose. Mrs. Humphris asked Mr. Ingram if it was his request that the proposed road go along Liberty Construction's southern boundary. Mr. Ingram said he wants reassurance that the road would be for the stated purpose and not as an extension of the commercial property to accommodate a go-kart track. Mr. Bowerman asked if an easement would be required from Liberty Construction, if the property was accessed in the location proposed by Mr. Ingram. Mr. Ingram said that is correct. Mr. St. John commented that a proffer needs to be offered before hand and cannot be requested at the Board meeting. It would be unfair to attempt to pressure the applicant to make a proffer. Mr. Wood said he still owns 16 acres of the R-15 property and he would not put anything in the commercial area that would harm his use of this land. His special use permit coming before the Board on April 14, 1994, is an entirely separate issue from this rezoning request. He then asked the Board to grant his request to rezone this property. Mr. Ingram said there are a number of ways to access this property other than what Mr. Wood is proposing. Approving this request and allowing the go- kart track would drastically change the character of the area. This is the preliminary step. There being no further comments, the public hearing was closed. Mrs. Thomas said she thinks the Planning Commission was correct in its action. She does not think this small remaining piece of land is useful for residential development. Mr. Bowerman said the request before the Board tonight and the subse- quent special use permit are separate issues. He thinks this rezoning request is logical and he can support it. He thinks the loss of residential land is minimal and the Planning Commission's action was appropriate. Mr. Bowerman then offered motion, seconded by Mrs. Humphris, to rezone the area marked "A" on Attachment C (copy on file) as recommended by the Planning Commission.' Roll was called and the motion carried by the following recorded vote: AYES: Mr. Marshall, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Martin. 000:1. .3 March 16, 1994 (Regular Night Meeting) (Page 8) Agenda Item No. 9. SP-93-38. Wal-Mart #1780. Public Hearing on a request for outdoor storage, display &/or sales of garden center merchandise on 3.123 ac zoned HC & EC. Property at SW inters of Rt 29N & Hilton Heights Rd. TM45,P68D5 is recommended for regional service in the Comprehensive Plan. Charlottesville Dist. (Advertised in the Daily Progress on February 28 and March 7, 1994.) Mr. Cilimberg summarized the staff report which is on file in the Clerk's office and a part of the permanent record of the Board. Mr. Cilimberg said the Planning Commission, at its meeting on February 24, 1994, unanimously recommended approval of SP-93-38 subject to the following conditions suggested by staff: Issuance of certificate of appropriateness by the Architec- tural Review Board which shall require any measure deemed appropriate to maintain aesthetic integrity of the site; Site Review Committee approval of amended site plan to include: so Verification of applicant's recalculation of parking requirements by Zoning Administrator; Travelway and parking to be maintained for safe and convenient access. Staff may require discontinuance of parking spaces deemed inadequate as to sight dis- tance; Co Resubmittal of revised copies (and sepia) of Sheet C-3 of the site plan showing: Proposed storage/display area; Recalculation of parking; Replacement of existing Note 7 with the follow- lng: Display/Storage/Sales to be confined to area shown on plan; · Amendment of Note 1 as follows: The 30,000 square feet future expansion is not approved at this time. Future development to be limited by availability of parking. Usage to be limited on an annual basis from February 15 to July 5. All materials including greenhouse shall be removed from view of U. S. Route 29 North between these dates. Mrs. Humphris said she received a telephone call this afternoon from a person who had been shopping at Wal-Mart. He told her that there are five trailers, with no wheels, which seem to be permanently used for storage parked behind the store. She asked what affect that had on Wal-Mart's site plan and use of the property. Mr. Cilimberg said he does not know what the purpose of the trailers are and he will need to get the Zoning Administrator's opinion as to the relationship of the trailers to the site plan. Mr. Cilimberg said he also found out from a visit to the site today that there are landscaping materials already on the site in the location of this request. The Chairman opened the public hearing. Mr. Randy Carl, Manager of Wal- Mart, said there are four trailers presently parked behind the store. Two of those trailers are being removed. The other two trailers are for storage of lawn and garden materials. There is also a Wal-Mart trailer that is perma- nently stationary behind the building. There are some trailers on wheels which are dropped off at night and an empty one is removed. The trailers have been there since he began working for Wal-Mart in September. He has not been aware of any restrictions on the trailers. Mrs. Humphris asked if the trailers are not in violation of the site plan, and if it is not a violation to have the use going on in which this special permit is for. Mr. Cilimberg said there has been no authorization given for what is currently on display in the parking area. Mr. St. John added that a condition of the site plan states that there shall be no outdoor storage or display of merchandise. Mr. Marshall said he agrees the applicant should have received the proper approvals before proceeding with the outdoor storage of supplies. There being no other comments, the public hearing was closed. Mr. Bowerman said he thinks the Planning Commission's action was appropriate. He thinks this is a reasonable use of the property. He does not March 16, 1994 (Regular Night Meeting) (Page 9) want to sanction a violation of the Zoning Ordinance. It is important that the applicant abide by the regulations. Mr. Bowerman then offered motion to approve SP-93-38 subject to the conditions recommended by the Planning Commission. He added that the Zoning Administrator is to investigate the situation and require the applicant to remove all outdoor storage currently in violation until all approvals have been received. Mrs. Humphris seconded the motion. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Marshall, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Martin. (The conditions of approval are set out below:) Issuance of certificate of appropriateness by the Architec- tural Review Board which shall require any measure deemed appropriate to maintain aesthetic integrity of the site; Site Review Committee approval of amended site plan to include: Verification of applicant's recalculation of parking requirements by Zoning Administrator; bo Travelway and parking to be maintained for safe and convenient access. Staff may require discontinuance of parking spaces deemed inadequate as to sight dis- tance; Co Resubmittal of revised copies (and sepia) of Sheet C-3 o£ the site plan showing: Proposed storage/display area; Recalculation of parking; Replacement of existing Note 7 with the follow- ing: Display/Storage/Sales to be confined to area shown on plan; · Amendment of Note 1 as follows: The 30,000 square feet future expansion is not approved at this time. Future development to be limited by availability of parking. 3 o Usage to be limited on an annual basis from February 15 to July 5. All materials including greenhouse shall be removed from view of U. S. Route 29 North between these dates. Agenda Item No. 11. ZMA-93-16. Robert Clark. Public Hearing on a request to rezone 14.24 ac from P~A to VR. TM88,P6 is located on S sd of Rt 29S approx 0.5 mi W of Rt 760/29S inters. Site is located in the Village of North Garden and is recommended for VR residential use (max 1 du/ac) in the Compre- hensive Plan. Samuel Miller Dist. (Advertised in the Daily Progress on February 28 and March 7, 1994.) Mr. Cilimberg summarized the staff report which is on file in the Clerk's office and a part of the permanent record of the Board. Mr. Cilimberg said the Planning Commission, at its meeting on February 24, 1994, by a vote of five to one, recommended approval of ZMA-93-16 subject to the applicant's proffers: I proffer the rezoning to a maximum of five lots as shown on the preliminary subdivision plat by Roger W. Ray & Associ- ates, Inc., dated 12-12-93. 2 o I proffer the following test and verification shall be performed: The applicant shall drill wells on at least two (2) of the proposed lots, one on each side of the stream that bisects the parcel. These two wells shall be subject to pump tests, including monitoring of an adjacent on-site or off-site well. The specific requirements of the pump test must be approved by the Engineering Department, and the Department will make a determination based on the results of adequate March 16, 1994 (Regular Night Meeting) (Page 10) or inadequate groundwater to supply the development without adversely impacting adjacent water systems. This determina- tion (verification of suitable water supply) will be made prior to approval of the final plat. I proffer that it shall be noted on the final plat that this verification in no way provides a guarantee by the County that future water supplies will, in fact, be free of quanti- ty or quality problems. Mr. Cilimberg 'said the Commissioner who voted against the request was concerned about water supply and not having verification before the rezoning took place. Mrs. Thomas asked if there is anything in the current water study that addresses the issue of water supply in this particular area. Mr. Cilimberg said the staff did not receive anything specific from the Water Resources Manager. The public hearing was opened. Mr. Robert Clark, the applicant, said he was present to answer any questions Board members may have. There being no other public comments, the public hearing was closed. Mrs. Humphris said she will oppose this rezoning because she believes that there is a potential for a major water problem in this area. She thinks the Comprehensive Plan is correct when it recommends that the County should have evidence of sufficient water supply before a rezoning is approved. She thinks the idea of drilling the test well and getting verification is excel- lent but it should be done before any changes are approved. Mr. Bowerman said there is no assurance given to the applicant that if he spends the money to perform the necessary tests to determine adequate water supply, the request will be approved. If this is one of the conditions for approval, then the final plat will not signed until the conditions are met. Mrs. Humphris said if this rezoning request is approved and the test deter- mines that there is .less than sufficient water, the Board would be pressured by the public to extend a water line to the area. She does not think the rezoning should be done first. Mr. St. John said the applicant has made a proffer that, in his judge- ment, if it is changed a little bit would meet the requirements of the Comprehensive Plan. He feels that proffer #2 can be amended since it was made before this meeting took place. He thinks the wording should be added that if the test does not determine that there is adequate water, this rezoning shall be null and void. The applicant must agree to that amendment. Mr. Clark was then asked if that amendment was agreeable to him. Mr. Clark said he guessed so. Mr. Roger Wray said he prepared the plans for the preliminary subdivi- sion for Mr. Clark. He asked how many lots they would be allowed if the water test failed and Mr. Clark accepted this proffer. The applicant proffered a maximum of five lots but if the water tests should show that they could get three or four suitable lots, they would want that number of lots. Mr. St. John felt the applicant should not be proffering an indeterminate number of lots. If the test does not support the rezoning request, the current zoning shall remain in effect. Mr. Wray said the applicant had drafted an amendment to his proffer, but after the previous statement made by the County Attorney, he decided not to introduce it tonight, but he would like to read the wording. The revised proffer #1 would read: "I proffer the rezoning .... dated 12-12-93 or such lesser number of lots that may be approved by proffer #2. However in no case shall there be less.than two lots permitted." The applicant does not want the current number of lots allowed to be jeopardized. He then asked that the applicant be allowed to enter this amendment to proffer ~1. Mr. Perkins said he does not see any problem with the amendment proposed by Mr. Wray. He asked if that amendment was accepted, would any additional wording be needed in proffer #2. Mr. St. John said if the Board agrees with the language in proffer #1, no additional wording is needed in proffer #2. Mrs. Humphris felt it would be more clear to use the language recom- mended by the County Attorney. Mr. Clark then said he did not have a problem with that language. He then asked if other applicants had to verify water supply. Mr. Bowerman said the Board has required in some cases the determina- tion of water prior to the rezoning. This condition is usually done on subdivision plats and not rezonings. Mr. Clark said he agrees to amend his proffer to include the language recommended by the County Attorney. Motion was then offered by Mrs. Thomas, seconded by Mrs. Humphris, to approve ZMA-93-16, subject to the following proffers submitted by the appli- March 16, 1994 (Regular Night Meeting) (Page 11) cant in a letter dated February 18, 1994, with proffer $2 amended at the Board meeting of March 16, 1994, and verbally agreed to by the applicant: I proffer the rezoning to a maximum of five lots as shown on the preliminary subdivision plat by Roger W. Ray & Associates, Inc., dated 12-12-93. 2. I proffer the following test and verification shall be performed: The applicant shall drill wells on at least two (2) of the pro- posed lots, one on each side of the stream that bisects the parcel. These two wells shall be subject to pump tests, including monitoring of an adjacent on-site or off-site well. The specific requirements of the pump test must be approved by the Engineering Department, and the Department will make a determination based on the results of adequate or inadequate groundwater to supply the development without adversely impacting adjacent water systems. This determination (verification of suitable water supply) will be made prior to approval of the final plat. If the test does not determine adequate water supply, this rezoning shall be null and void. I proffer that it shall be noted on the final plat that this verification in no way provides a guarantee by the County that future water supplies will, in fact, be free of quantity or quality problems. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: ABSENT: Mr. Marshall, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. None. Mr. Martin. Agenda Item No. 12a. Appropriation: Route 250 East Landscape Plan, $8250. (Form #930061) Mr. Tucker said this project is funded by a federal Department of Forestry Grant of $8250 and a local match of $6750. The Federal Grant will be used to plant, prune and maintain trees. Approval of Appropriation #9300061 in the amount of $8250 is recommended. Motion was offered by Mr. Bowerman, seconded by Mr. Marshall, to adopt the following resolution of appropriation approving the request as set out on Appropriation From #930061. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Marshall,' Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Martin. FISCAL YEAR: 1993-94 N-JMBER: 930061 FIIND: FORESTRY GRANT PURPOSE OF APPROPRIATION: FEDERAL GRANT FROM DEPARTMENT OF FORESTRY EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 115108140139000 OTHER PURCHASED SERVICES TOTAL $8250.00 $8250.00 REVENUE DESCRIPTION AMOUNT 2151033000330084 FEDERAL GRANT-RT 250 E LANDSCAPE $8250.00 TOTAL $8250.00 Agenda Item No. 12b. America The Beautiful Grant, $4000. #930060) (Form Mr. Tucker said this project is funded by a federal Department of Forestry Grant of $4000 and a local match of $4000. The Federal Grant will be used to hire a consultant. The purpose of this project is to encourage the preservation of the natural areas and provide a standard method required for replacement of trees within areas zoned residential, commercial and industri- al. This project would develop amendments to the Zoning Ordinance that would provide specific requirements and recommendations concerning tree planting specifications, acceptable standards for proposed trees and standardization of landscape schedules for proposed plantings. Approval of Appropriation #930060 in the amount of $4000 from Federal Grant funds is recommended. Motion was offered by Mrs. Humphris, seconded by Mr. Bowerman, to adopt the following resolution of appropriation approving the request as set out on O00117 March 16, 1994 (Regular Night Meeting) (Page 12) Appropriation From #930060. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Marshall, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Martin. FISCAL YEAR: 1993-94 NIIMBER: 930060 FUND: FORESTRY GRANT PURPOSE OF APPROPRIATION: EXPENDITURE COST CENTER/CATEGORY FEDERAL GRANT FROM DEPARTMENT OF FORESTRY DESCRIPTION AMOUNT 1151081400312700 CONSULTANT $4000.00 TOTAL $4000.00 REVENUE DESCRIPTION AMOUNT 2151033000330083 FEDERAL GRANT-AMERICA THE BEAUTIFUL $4000.00 TOTAL $4000.00 Agenda Item No. 12c. Birnam Wood Soil Erosion Control Plan, $4250. (Form ~930062) Mr. Tucker said Gercke Construction Company was issued an Erosion Control Permit based upon an approved Erosion Control Plan. Subsequently, the work was not completed and the bond was called. The surety, Fireman's Fund, submitted a check to the county in the amount of $4250. In order to expend the funds to finish the work, the funds must be appropriated into an expendi- ture cost center. Approval of Appropriation #930062 in the amount of $4250. Motion was offered by Mr. Bowerman, seconded by Mrs. Humphris, to adopt the following resolution of appropriation approving the request as set out on Appropriation From #930062. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Marshall, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Martin.' FISCAL YEAR: 1993-94 NUMBER: 930062 FUND: GENERAL PURPOSE OF APPROPRIATION: BIRNAM WOOD SOIL EROSION CONTROL PLAN #296 EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1100041000800678 BIRNAM WOOD SOIL EROSION TOTAL $4250.00 $4250.00 REVENUE DESCRIPTION AMOUNT 2100014000140121 SOIL EROSION FORFEITLIRES TOTAL $4250.00 $4250.00 Agenda Item No. 12d. Jail Board, $29,299. (Form #930063) Mr. Tucker said the Albemarle-Charlottesville Joint Security Complex has installed an inmate pay telephone system that generates profit from its use with the revenues being undesignated at this time and unbudgeted in their FY 1993-94 appropriation. The Jail Board has asked that $29,999 of these funds be appropriated at this time. Due to new accounting procedures now in place, all Jail funds which are collected and proposed to be expended must be appropriated by the County as fiscal agent. Excess revenues left over at the end of the year, from whatever sources, are, per the agreement, to be split between the City and County based on budgetary propositions. Albemarle County's share for FY 1993-94 is 33 percent. Given that in the past these funds are typically spent for needs at the Jail, staff recommends approval of Appropriation #930063. Staff would recommend, however, that the Jail Board budget for items such as parking lot improvements and other capital items that can be foreseen rather than requesting mid-year appropriations. Motion was offered by Mrs. Humphris, seconded by Mr. Marshall, to adopt the following resolution of appropriation approving the request as set out on Appropriation From ~930063. Roll was called and the motion carried by the following recorded vote: March 16, 1994 (Regular Night Meeting) (Page 13) AYES: Mr. Marshall, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Martin. FISCAL YEAR: 1993-94 NUMBER: 930063 FUND: JOINT SECURITY PURPOSE OF APPROPRIATION: FUNDING OF PROJECTS FROM PHONE SYSTEM REVENUE EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOLINT 1400033020800100 1400033020800100 1400033020800201 1400033020800675 1400033020800100 MACHINERY & EQUIPMENT MACHINERY & EQUIPMENT LEGAL FEES PAVING FENCING TOTAL $ 1,000.00 4,125.00 10,000.00 11,388.00 2,786.00 $29,299.00 REVENUE DESCRIPTION AMOUNT 2400016000160527 PHONE REVENUES TOTAL $29,299.00 $29,299.00 Agenda Item No. 12e. "Two-For-Life" Program, $27,218. (Form ~930064) Mr. Tucker said the "Two-For-Life" Program, enacted by the State in 1984, collects two dollars from every vehicle registered in the County to provide for additional funding for local emergency medical service agencies. Funds for FY 1994 were received in the amount of $27,218. This amount exceeds the budget appropriation by $1418. Approval to disburse the additional $1418 equally to the three rescue squads is requested. Motion was offered by Mrs. Thomas, seconded by Mr. Marshall, to adopt the following resolution of appropriation approving the request as set out on Appropriation From #930064. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Marshall, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Martin. FISCAL YEAR: 1993-94 NUMBER: 930064 FUND: GENERAL PURPOSE OF APPROPRIATION: "TWO-FOR-LIFE" MONEY RECEIVED IN EXCESS OF BUDGET PROJECTION EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1100032030565002 1100032030565102 1100032030565202 CH'VILLE/ALB RESCUE SQUAD WESTERN ALB RESCUE SQUAD SCOTTSVILLE RESCUE SQUAD TOTAL $ 472.67 472.67 472.67 $1418.01 REVENUE DESCRIPTION AMOUNT 2100024000240415 TWO FOR LIFE TOTAL $1418.01 $1418.01 Agenda Item NO. 13. Approval of Minutes: April 3, 1992, December 1, 1993 and February 2, 1994. Mr. Bowerman had read the minutes of February 2, 1994, pages 5 (to Item ~71) - end and found them to be in order with the exception of some typograph- ical errors. Motion was offered by Mr. Bowerman, seconded by Mrs. Humphris, to approve the minutes as read. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Marshall, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Martin. Agenda Item No. 14. Other Matters Not Listed on the Agenda from the BOARD. Mr. Perkins announced that this was Mr. St. John's last meeting as County Attorney. He along with the other Board members expressed their 000 1 19 March 16, 1994 (Regular Night Meeting) (Page 14) appreciation to Mr. 'St. John for his service and words of wisdom. Mr. St. John thanked the Board members for the opportunity to work with them. Mr. Tucker said the.Board had scheduled a budget work session for Monday, March 21, 1994 to discuss the proposed school budget. At its work session this afternoon, the Board discussed giving the School Board additional time to work on its budget. If the School Board does not need the additional time to work on its budget, then this Board would meet on Monday as scheduled. If the School Board does need the time, then this Board would not meet until Wednesday, March 23, 1994. He asked how the Board should handle this situa- tion. Mr. St. John said a nonquorum can do nothing but adjourn to another definite date. The way to handle this situation is to have one of the Board members show up and have that person on the record and in a public session adjourn to another date. Agenda Item No. 15. Adjourn to March 21, 1994, at 1:00 p.m., for Budget Work Session. At 8:55 p.m., motion was offered by Mrs. Thomas, seconded by Mrs. Humphris, to adjourn until Monday, March 21, 1994, at 1:00 p.m. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Marshall,. Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Martin. Chairman