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HomeMy WebLinkAbout20030806actions ACTIONS Board of Supervisors Meeting of August 6, 2003 August 13, 2003 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to Order. • Meeting was called to order at 9:01 a.m., by the Chairman. All BOS members present. Also present were Bob Tucker, Larry Davis, Wayne Cilimberg and Georgina Smith. 4. From the Public: Matters not Listed on the Agenda. • Whitman Cross, representing the League of Women Voters, asked the Board to hold a public hearing before becoming a member of the Thomas Jefferson Partnership for Economic Development. • Jack Marshall, President of Advocates for a Sustainable Albemarle Population, invited the Board to join ASAP. • James Abell, a 17 year resident of Ivy, asked the Board to look at the water situation in Ivy. • Valerie Manson, a resident of Ivy, also asked the Board to look at the water situation in Ivy. 5. Recognition by Center for Digital Government. • PRESENTED the award to the County. 6.2. Authorize County Executive to Sign Memorandum of Agreement and Federal Application for Assistance - Urban and Community Forestry Grants, County Greenway Program. • AUTHORIZED the County Executive to provide the necessary materials and enter into such agreements as necessary to fulfill the requirements for Urban & Community Forestry Grants #03UCF53 and #03UCF54. Pat Mullaney: Forward appropriate documents to County Executive for signature. Provide Clerk with copy of signed Memorandum of Agreement. 6.3 Notification guidelines for Rural Rustic Roads Program. • ADOPTED the guidelines for the Rural Rustic Roads Program. Clerk: Set out guidelines below (Attachment 1). 6.4 Resolution in Support of Virginia Students. • ADOPTED resolution in support of Virginia’s students. Clerk: Forward adopted resolution to elected members of General Assembly and VACO(Attachment 2) 6.5 Request to transfer donation funds from Donation Fund to Fire & Rescue Division. • APPROVED request to transfer funds from budget code 2-8405-18000-181114, to the Fire Rescue Division operational budget code (1-1000-32015- 561415). Melvin Breeden: Provide Clerk with appropriation form for signature. 7. Transportation Matters Not Listed on the Agenda. Jim Bryan • Provided an update from July and August Monthly reports. Sally Thomas • Thanked VDOT and CSX for starting on the railroad crossing at Grassmere. • Regarding the light at Rt. 29 and I-64 there is a Clerk: Forward comments to Jim Bryan. single warrant being requested, asked VDOT the location. Dennis Rooker • Asked for an update on the Meadow Creek Parkway. 8. Board to Board Presentation by School Board Chairman. • RECEIVED. 9. Presentation: Request by the Thomas Jefferson Partnership for Economic Development to join Partnership. • RECEIVED. Board will discuss further at its September Strategic Planning. Lori Allshouse: Include as item for discussion at Board retreat. 10. Presentation: Overview of RideShare and Travel Demand Management Strategies, Rhonda Edmunds. • RECEIVED. 11. Presentation: Airport Master Plan, Bryan Elliott. • RECEIVED. 12. Discussion: Cable Franchise Agreement. • DECIDED NOT to proceed at this time. Will reconsider in the future. 13. Discussion: Ivy Area ACSA Jurisdictional Area Designation for Public Water. • Staff to provide the Board with further information pertaining to the Comprehensive Plan Amendment that deleted Ivy as a village while apparently retaining the “water only” designation. Clerk: Set up joint meeting with ACSA Board for September 3, 2003, to discuss the Service Authority’s jurisdictional areas. 14. PUBLIC HEARING to amend the Albemarle County Service Authority jurisdictional area boundary for water and sewer service to Tax Map 56, Parcel 86, Lots 14 and 15 (Barry Easter). This property is located within the Crozet Development Area. White Hall Dist. • APPROVED request for public water and sewer service to Tax Map 56, Parcel 86, Lots 14 and 15. 15. PUBLIC HEARING to consider granting an easement/right of way to Dominion Virginia Power. The proposed Right of Way Agreement with Dominion Virginia Power involves the extension of an underground power line from the Wynridge Subdivision, across County property, to connect to a Dominion Virginia Power underground system at the Webland Park development. • APPROVED grant of easement and • AUTHORIZED the County Executive to execute the right-of-way agreement and plat. County Attorney’s Office: Provide Clerk with copy of signed documents after all necessary signatures have been received. 16. PUBLIC HEARING proposed FY 2003 Budget Amendment. • APPROVED the FY 2003 Budget Amendment in the amount of $710,162.00. • APPROVED Appropriations #2003070, #2003071, #2003072, #2003073, #2003074, and #2003075 to provide funds for various General Government and School programs. Clerk: Forward signed appropriation forms to Melvin Breeden and copy appropriate persons. 17. SP-2003-41. St. John's Baptist Church Amendment (Sign #44). • APPROVED, SP-2003-41, by a vote of 6:0, subject to 9 conditions. Clerk: Set out conditions. (Attachment 4). 18. Closed Session: Personnel Matters. • At 1:03 p.m., the Board went into closed session. 19. Certify Closed Session. • At 1:57p.m., the Board reconvened into open session and certified the closed session. 20. Appointments. • REAPPOINTED Dr. Ellora Young to the Jordon Development Corporation, with said term to expire August 13, 2004. • APPOINTED Donna May to the Jefferson Area Disability Services Board, with said term to expire June 30, 2004. Clerk: Prepare appointment letters, update Boards and Commissions book and notify appropriate persons. Prepare Certificates of Appreciation to individuals whose terms have expired. 21. DISCUSSION - ZMA-2001-020. Hollymead Town Center (Sign #56). • APPROVED ZMA-2001-020, by a vote of 6:0, as proffered. Clerk: Set out proffers (Attachment 3). 22. DISCUSSION - SP-2003-030. Hollymead Town Center. • APPROVED SP-2003-030, by a vote of 6:0. 23. DISCUSSION - ZMA-2002-002. Hollymead Town Center (Signs #58&59). • APPROVED ZMA-2002-002, by a vote of 6:0, as proffered and amended at the Board meeting. Clerk: Set out proffers (Attachment 3). 24. Strategic Plan Quarterly Progress Report. • RECEIVED. 25. Strategic Planning – Establishment of an Environmental Management System. • RECEIVED. 26. From the Board: Matters Not Listed on The Agenda. Sally Thomas • Mentioned that there was some communication between herself and a citizen regarding tax relief for the elderly. 23. Adjourn. • The meeting was adjourned at 3:27 p.m. /gak Attachment 1 – Notification guidelines for Rural Rustic Roads Program. Attachment 2 – Resolution in Support of Virginia Students. Attachment 3 – Proffers Attachment 4 - Conditions of Approval for Planning items. Attachment 1 Notification guidelines for Rural Rustic Roads Program. After the project has been identified as being eligible for the RRRP: A. Send notice to adjacent property owners within the project limits three months before estimated advertisement date. The following information will be provided in the notice: 1. Information informing residents that the road is eligible for the RRRP and explain the difference between a traditional road paving project and a RRRP project. The notice will indicate the County and VDOT are proposing to use RRRP standards for construction. 2. A map of the length of the project and a graphic depiction comparing the typical cross section for a traditional road paving improvement and for a RRRP project. 3. A request that property owners contact the Planning Department within two weeks if they have any concerns regarding the proposed project. B. If a majority of property owners support the RRRP, VDOT will proceed with the RRRP after the Board of Supervisors supports the RRRP project in the form of a resolution. Staff will work with those opposing the project to try to address concerns. C. If staff receives opposition to RRRP improvements from a majority of property owners, staff will schedule a public meeting in the area to discuss the project with the community. The Planning Commission and Board member from that district will be notified of the meeting. 1. Staff will assess comments in consultation with VDOT and make a recommendation on the type of paving standards for the road project to the Board of Supervisors. 2. The Board of Supervisors will decide on traditional paving or RRRP and forward its recommendation to VDOT. If the Board of Supervisors supports the RRRP project, its support must be in the form of a resolution Attachment 2 Resolution A RESOLUTION IN SUPPORT OF VIRGINIA’S STUDENTS WHEREAS, many students in Virginia’s public schools are at-risk of not learning what is required to earn a high school diploma, enroll in a college or university or enter the job market, and even the successful students who graduate are affected by schools struggling to provide the level of educational quality they need and deserve; and, whereas, teachers often find they do not have the tools or training necessary to teach the subjects mandated for achievement of state standards and teachers’ salaries and the uncertain state support of salaries do not provide the kind of incentives that attract and keep the most talented professionals, and; WHEREAS state funding for public education does not reflect the true cost of constructing, staffing, equipping, operating and maintaining schools that perform at the level needed to support the foundation for standards of quality and learning, and the costs of educating at-risk students create additional fiscal pressures on many school systems, and, whereas, not only are students being left behind, taxpayers are seeing the increasing burden of higher local real estate tax rates as local governments try to pay both their share and the state’s share of education costs, and, when Virginia’s students plan for higher education, they face additional challenges because legislative reports also have verified that appropriate levels of funding have not been achieved for higher education, and one of the worst results of reduced funding for college students is that so many qualified Virginia students are denied admission because the faculty, buildings, and equipment are simply not there to accommodate them, and; WHEREAS, the effects of being left behind without a high school diploma or a college degree, especially for an at-risk student, are compelling. A Virginian who has a high school diploma earns a lot more than one who does not. A degree from a community college means more, and a four-year college degree means even more. Education literally pays, in addition to its other quality-of-life benefits. NOW, THEREFORE, BE IT RESOLVED THAT, the County of Albemarle urges the elected members of the General Assembly to commit to work for additional state dollars to fully fund the actual costs of the Standards of Quality and the legislative guidelines for higher education funding. These actions are essential if our elementary, middle and high schools, community colleges and four- year colleges and universities are to meet the following goals: • Smaller classes in schools and colleges where teachers and faculty can provide students the individual attention they need to learn and graduate on time; • Sufficient numbers of well-qualified teachers and faculty to give every student the opportunity to graduate from high school and to have access to higher education and opportunities for training and skill development; • Competitive salaries to attract and keep well-qualified teachers and faculty to help students learn; • Modern, safe classrooms, laboratories, technology and equipment to provide the environment in which students learn best; • Accountability and performance measurement at all levels for students, teachers, faculty, administrators and others responsible for helping students learn. * * * * * I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of ___ to ___, as recorded below, at a meeting held on _________________________. Attachment 3 Proffers ZMA-2001-020. Hollymead Town Center (Sign #56). Request to rezone 37.13 acs from C-1 & LI to PD-MC to allow mixed-use development. TM 32, Ps 41D, 43A, 44, 45 & 46. Loc on Rt 29 N at Timberwood Blvd/Rt 29 intersec. (The Comp Plan designates this property as the Hollymead Town Center in the Hollymead Community & recommends Mixed Use/Regional Service/ Community Service uses.) Rio Dist. TAX MAP 32, Parcels 41D, 43A, 44, 45, 46 37.1 Acres Pursuant to Section 33.3 of the Albemarle County Code (the “Code”), the owners, or their duly authorized agents, hereby voluntarily proffer the conditions listed below which shall only be applied, except as specifically set forth herein to the area identified as Regional Service Area C on the Application Plan, (defined below) comprising all or some of the above referenced tax map parcels (the “Property”). These conditions are proffered as part of the requested zoning and it is agreed that: 1) the rezoning itself gives rise to the need for the conditions; and 2) such conditions have a reasonable relation to the rezoning request: 1. Development shall be in general accord with the Application Plan entitled Rezoning Application Plans for Hollymead Town Center Regional Service Area C, (Sheets A-1, A-2, only), prepared by Rivanna Engineering & Surveying, PLC, revised, last revised, July 7, 2003 (“Application Plan”). The standards of development and central features and major elements within the Property essential to the design of the development shall be in general accord with the Block Exhibit, the Code of Development’s Narrative, and the Code of Development’s tables and appendices set forth in the attached Application Booklet, entitled “Hollymead Town Center, Application Booklet, ZMA-01-20 (Area C).” The Owners have presented, as part of their rezoning application, a number of conceptual plans and illustrations for various purposes, but principally to provide justification for the rezoning actions they are seeking. Unless specifically referenced in these proffers, all plans and illustrations submitted as part of Applicant’s rezoning application, other than the Application Plan as defined above, shall be deemed illustrative only, and such plans and illustrations shall not be deemed proffers. The Owners reserve the right to reconfigure the internal block improvements, consisting of buildings, parking and drive aisles and drive-through window features and as shown on the Application Plan in order to: i) comply with conditions imposed by Special Use Permits, and ii) assure compliance with ARB requirements iii) and provide all necessary storm water management and BMP’s as necessary. 2. The Owners of Area C, as shown on the Application Plan (the “Owner”) shall cause completion of the following road improvements that shall be roads constructed to VDOT standards and either be accepted by VDOT or be bonded for VDOT’s acceptance as follow: A. Construction of Timberwood Boulevard, as depicted on the Application Plan and further described as follows: i) from the intersection at US Route 29 to a new terminus within Hollymead Town Center that is shown at the extension of the VDOT future road improvement project of Airport Road, this will provide the connection to Airport Road from Route 29 as previously proffered as part of ZMA-94-08. The constructed improvements shall include two Eastbound lanes in conjunction with the improvements designed for TM 32 Parcels 41D1 and 41A to the first dual lane roundabout at access road B and Westbound lanes of dual left lanes, one thru lane and one continuous right turn lane from the roundabout at access road B to the intersection with Route 29, from the roundabout at access road B a two lane section shall be constructed to the VDOT extension, with additional turn lanes at intersections located in Area C pursuant to road plans approved by the Virginia Department of Transportation (“VDOT”) and the County as part of the Area C site plan. B. Construction of dual left turn lanes at the intersection of Route 29 and Timberwood Boulevard, from northbound Route 29 into Timberwood Boulevard. The turn lane and taper lengths will be determined with final road plans to be reviewed and approved by VDOT. C. Signalization at Timberwood Boulevard and Route 29 shall include reconstruction at the Forest Lakes Subdivision entrance location, as scheduled in coordination with VDOT. All turn movements shall be signaled at the intersection of Route 29 and Timberwood Boulevard, as approved by VDOT. The existing intersection exiting Forest Lakes shall be reconstructed to maintain the dual left lanes, the continuous right turn lane and add a through lane according to the final design in the previous paragraph. D. The Owner proffers to dedicate land and construct a third through lane on Route 29 (consisting of lane width, shoulder and drainage improvements) southbound from the entrance road, (Timberwood Boulevard) at the Property’s Northern boundary. The Owner also shall dedicate land or cause to be dedicated and construct: i) a continuous through lane 500 feet to the Southern boundary of Area C, ii) a taper lane consisting of a 200 foot taper beginning at the Southern boundary and Route 29 (in the event area B is not rezoned and their proffers accepted), and iii) a continuous right turn lane starting at the right-in at the Northern boundary of TM 32 Parcel 41A to the right-in at the Southern entrance of Area C. E. Construction of one additional continuous right turn Northbound lane starting 1090 feet south of Timberwood Boulevard at the location of the beginning of the turn and taper of Worth Crossing and Route 29, and terminating at Timberwood Boulevard. F. Access Road C, between Area A and its intersection with Timberwood will be built or bonded before the issuance of the first certificate of occupancy within Area B. If bonded, the road will be constructed for acceptance by VDOT within one year of the first certificate of occupancy. The road improvements listed in proffer 2A, 2B, 2C, 2D, 2E and 2F above shall be constructed, in accordance with road plans submitted by the Owner and approved by VDOT. All of the foregoing improvements shall be i) constructed to VDOT design standards pursuant to detailed plans agreed to between the Applicant and VDOT, and ii) accepted by VDOT for public use or bonded for VDOT’s acceptance as a condition for issuance of any certificate of occupancy for Area C improvements (except as otherwise provided in proffer 2F). The width, length, location, (inside median or outside existing pavement), type of section (e.g., urban vs. rural), and geometrics of all lane improvements shall be as required by VDOT design standards and detailed plans submitted by the Owner and approved by VDOT. 3. All road improvements listed in proffer 2 above shall be substantially completed prior to the issuance of the first Certificate of Occupancy in Area C; notwithstanding the foregoing, the road proffers described in proffer 2 above shall be satisfied if the Owner has submitted plans for all such road improvements for review by VDOT, and although such improvements are not fully completed by the issuance of a Certificate of Occupancy for Area C, sufficient bond has been supplied to satisfy all costs to complete such improvements in accordance with plans approved by VDOT. Substantially complete for the purposes of these proffers shall mean approved sub- base gravel, curb and gutter, intermediate surface and necessary storm water management improvements and satisfactory completion of road improvements required for public safety, and signalization; but shall not include final activated signals which are subject to testing and synchronization according to VDOT inspection. All proffers to make road improvements contained in proffer 2 of these proffers are conditioned upon VDOT’s approval of an entrance permit at the Timberwood Boulevard intersection with Route 20 as shown on the Application Plan. The Owner shall submit to VDOT plans for such road improvements within 30 days of the rezoning and shall diligently pursue such approvals from VDOT. 4. Upon request of the County, the Owner shall contribute $10,000.00 to the County or VDOT for the purposes of funding a regional transportation study for the Route 29 Corridor. The $10,000.00 contribution shall be made within 30 days after requested by the County after the first final site plan or subdivision plat is approved in Area C and, if not expended for such purposes within three years from the date the funds were contributed, such funds shall be refunded to the Owner. 5. The Owner shall contribute $200,000.00 (the “total contribution”) to the County for the purpose of funding capital improvements related to the Hollymead Town Center. The contribution shall be paid as follows: $100,000.00 shall be contributed to the County within 30 days after the first final site plan or subdivision plat containing dwelling units is approved in Area C; the remainder of the contribution shall be paid on a pro rata basis at the time a certificate of occupancy is issued for each dwelling unit; the pro rata contribution shall be based upon the number of dwelling units approved as part of the first final site plan or subdivision plat. If five years after the date of approval of the first final site plan or subdivision plat the total contribution has not been fully paid, the Owner shall contribute the unpaid balance within 30 days upon the request of the County. If the fund is not exhausted within 10 years from the date the last contribution is made, such unexpended funds shall be refunded to the Owner. 6. Upon the request of the County, for any parcel used for non-residential purposes in the portion that is currently zoned Light Industry that will be rezoned to PDMC the Owner shall petition for and consent to a Community Development Authority (“CDA”) established pursuant to Section 15.2-5152, et seq. of the Code of Virginia (“Code”) to be created for the purpose of financing, funding, planning, establishing, constructing, reconstructing, enlarging, extending or maintaining Route 29 and roads and other improvements associated therewith, which shall include, but may not be limited to improvements to Route 29 from the South Fork of the Rivanna River to Airport Road, the extension of Ridge Road as depicted on the Master Plan, to the South and across the Rivanna River to connect to Berkmar Drive. Submitted as of the 25th day of July 2003, by: Post Office Land Trust _________________________ ZMA-2002-002. Hollymead Town Center (Signs #58&59). Request to rezone 24.1 acs from RA to NMD to allow mixed -use development. TM 32, Ps 46 & 41D. Loc on Rt 29 N at Timberwood Blvd/ Rt 29 intersec. (The Comp Plan designates this property as the Hollymead Town Center in the Hollymead Community & recommends Mixed Use/Community Service & Urban Density uses.) Rio Dist 24 Acres to be rezoned from RA to NMD Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning request. (1) The Owner shall contribute $475,000 (the ‘total contribution”) to the County for the purpose of funding capital improvements related to the Hollymead Town Center. The contribution shall be paid as follows: $237,500 shall be contributed to the County within 30 days after the first final site plan or subdivision plat containing dwelling units is approved in Area D; the remainder of the contribution shall be paid on a pro rata basis at the time a certificate of occupancy is issued for each dwelling unit; the pro rata contribution shall be based upon the number of dwelling units approved as part of the first final site plan or subdivision plat. If five years after the date of approval of the first final site plan or subdivision plat the total contribution has not been fully paid, the Owner shall contribute the unpaid balance with 30 days upon the request of the County. If the fund is not exhausted within 10 years from the date the last contribution is made, such unexpended funds shall be refunded to Birckhead LLC or its designee. (2) Upon request of the County, the Owner shall contribute $6,000 to the County or VDOT for the purpose of funding a regional transportation study for the Route 29 Corridor. The $6,000 contribution shall be made within 30 days after requested by the County after the first site plan or subdivision plat is approved in Area D and, if not expended for such purpose within three years from the date the funds were contributed, such funds shall be refunded to Birckhead LLC or its designee. (3) Upon the request of the County for any parcel used for non-residential purposes, the Owner shall petition for and consent to a Community Development Authority (“CDA”) established pursuant to Section 15.2-5152, et seq., of the Code of Virginia should such an authority be established for the purpose of funding transportation improvements relating to the Hollymead Town Center and the Route 29 North corridor, including but not limited to Route 29 North, roads within Hollymead Town Center, and roads and other improvements associated therewith. (4) After construction of the 10’ paved greenway path and residential units in the areas identified as Blocks I and III on the Application Plan, to dedicate to Albemarle County a 100 foot wide greenway within Block I as measured from the center of the stream on the western edge of Block I, except for land that is required for the purpose of storm water management as determined by the County Engineer, and a 50 foot wide greenway within Block III as measured from the center of the stream on the western edge of Block III, except for land that is required for the purpose of storm water management as determined by the County Engineer. The 50 foot wide greenway within Block III will terminate at the Greenway Park located in the northern portion of Block III. The path shall be constructed with the development of the adjacent residential units and dedicated to Albemarle County prior to the issuance of the last certificate of occupancy in Block I and III. Attachment 4 Conditions of Approval SP-2003-41. St. John's Baptist Church Amendment (Sign #44). Request to amend SP-99- 05 to allow expansion of an existing church in accord w/Sec 10.2.2.35 of the Zoning Ordinance. TM 66, Ps 77&78, contains 3 acs on each parcel. Znd RA. Loc on Rt 640 (1595 St John Rd) approx 2,400 feet S of Rt 231(Gordonsville Rd). Rivanna Dist. 1) On that portion of the addition that connects the Existing Church to the New Sanctuary (identified on the Application Plan for St. John’s Baptist Church, dated July 7, 2003 [the “Application Plan”] as the area for “New Classrooms”), the roof pitch, roofing material, and the siding materials shall be the same as is on the Existing Church; 2) The area of assembly shall be limited to a maximum one hundred and seventy-five (175)-seat sanctuary; 3) Commercial setback standards, as set forth in Section 21.7.2 of the Albemarle Zoning Ordinance, shall be maintained; except that the setback on the south side of TM 66-77 shall be thirty (30) feet; 4) There shall be no day care center or private school on site without approval of a separate special use permit; 5) Health Department approval of well and septic systems shall be required prior to the issuance of a building permit; 6) The two properties, TM 66-77 and TM 66-78, shall be combined into one (1) parcel prior to the issuance of a building permit; 7) The existing trees on the south property line adjacent to TM 66-76 between the schoolhouse and St. John Road shall be retained. Tree protection measures, subject to the approval of the Planning Department, shall be employed during construction; 8) Construction of the church, as shown on the Application Plan, shall commence within five (5) years of the date of the approval of this special permit or this special use permit shall expire; and 9) The parking area between the Route 640 right-of-way and the Existing Building (Vacant) shown on the Application Plan (the “Existing Building”) shall be limited to one (1) aisle containing double rows of parking spaces, with a standard turnout at the end of the travel aisle. This parking area shall be centrally located between the Route 640 right-of-way and the Existing Building. The areas between the parking area and the Route 640 right-of-way, and the parking area and the abutting parcel to the south (TM 66-76) shall be planted in native evergreens such as cedars sufficient to screen the parking area from Route 640 and the abutting parcel, as determined by the Director of Planning and Community Development. All other required parking shall be located behind the Existing Building.