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Board of Supervisors Meeting of February 12, 2003
February 19, 2003
AGENDA ITEM/ACTION ASSIGNMENT
JOINT MEETING WITH SCHOOL BOARD
1. Call to Order. Meeting was called to Order at 4:00 p.m., by the
Mr. Dorrier and Ms. McKeel. All BOS members
present except Mr. Martin. All School Board
members were present.
2. Discussion: FY 2004 Revenue Update and Compensation/
Benefit Recommendations.
• CONSENSUS that staff strive to meet market salaries and
benefits for employees in the next fiscal year.
County Executive and Superintendent: Proceed as
directed.
3. Matters not Listed on the Agenda from the Board and School
Board.
• There were none.
4. Adjourn.
• The meeting was adjourned at 4:55 p.m.
1. Call to order.
Meeting was called to Order at 6:00 p.m., by the
Chairman. All BOS members present. Also
present were Bob Tucker, Larry Davis, Wayne
Cilimberg and Ella Carey.
4. From the Public: Matters Not Listed on the Agenda.
• Katurah Roell said wrong information is being communicated
concerning the closing and repair of the Advance Mills Bridge.
• Evelyn Manteris, a County resident, expressed concerns about
County police ticketing vehicles at apartment complexes on
private property.
Jim Bryan: Provide update to Board on March 5th.
5.2 SP-2002-016. Old Trail Golf Club (formerly Bucks Elbow Golf
Club) Amendment (Signs #44, 76&93).
• REMOVED from agenda.
5.3 Authorize Chairman to execute Mutual Aid Agreement between
Albemarle County and with Greene County.
• AUTHORIZED Chairman to executive agreement.
Clerk: Forward to County Attorney's office after
Chairman's signature.
County Attorney's office: Forward signed
agreement to appropriate individuals including
Clerk.
5.3a Resolution of Intent to amend Section 4.15, Signs of the
Zoning Ordinance.
• ADOPTED Resolution of Intent.
Clerk: Forward signed resolution to County
Attorney's office and Planning. (Attachment 1)
6. ZMA-2002-08 South Pantops (Signs #83&84).
• APPROVED ZMA-2002-08, by a vote of 6:0, as proffered, with
modification of ZMA-98-20 Application Plan and proffers (Tax
Map 78, Parcel 73A) and rezoning from PDMC to HC (Tax Map
78, Parcel 13).
Clerk: Set out in Attachment 2.
7. SP-2002-013. Dennis Enterprises Expansion - Outdoor
Display (Sign #40).
• APPROVED SP-2002-013, by a vote of 6:0, subject to eight
conditions.
Clerk: Set out conditions in Attachment 2.
8. Draft Statement for VDoT’s Primary Road Plan Pre-allocation
Hearing.
Planning staff: Proceed as directed.
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• Staff to incorporate suggested changes and forward to Board
members for review.
11. From the Board: Matters Not Listed on the Agenda.
• CONSENSUS of Board members to attend dinner with PVCC
Board and School Board on March 5th at 5:00 p.m.
14. Adjourn.
• At 7:15 p.m., the meeting was adjourned.
/ewc
Attachment 1 - Resolution of Intent to Amend Zoning Ordinance
Attachment 2 - Planning Conditions of Approval
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Attachment 1
RESOLUTION OF INTENT
WHEREAS, Section 4.15, Signs, of the Zoning Ordinance establishes regulations for signs; and
WHEREAS, the regulations in Section 4.15 exist to promote the general health, safety and
welfare, including the creation of an attractive and harmonious environment; protect the public investment
in the creation, maintenance, safety and appearance of its streets, highways and other areas open to the
public; improve pedestrian and vehicular safety by avoiding saturation and confusion in the field of vision
that could otherwise result if signs were not regulated as provided in Section 4.15; and to protect and
enhance the county’s attractiveness to tourists and other visitors as a source of economic development;
and
WHEREAS, it is desired to consider amendments to Section 4.15 pertaining to flags, advertising
vehicles, window signs, and other provisions of Section 4.15 if determined to be necessary or
appropriate.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good zoning practices, the Albemarle County Board of Supervisors hereby adopts a
resolution of intent to amend Section 4.15 of the Zoning Ordinance to achieve the purposes described
herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the
zoning text amendment proposed pursuant to this resolution of intent, and make its recommendations to
the Board of Supervisors at the earliest possible date.
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Attachment 2
CONDITIONS OF APPROVAL
Agenda Item No. 6. ZMA-2002-08 South Pantops (Signs #83&84). Public hearing on a
request to rezone 24.07 acs from PD-MC to PD-MC & HC to amend a proffered plan to allow for an office
use instead of a hotel use & to allow for an expansion of Dennis Enterprises car dealership. TM 78, Ps
13 & 73A. Loc on Hanson Rd in the Giant Shopping Center at Pantops on Rt 250. (The Comp Plan
designates these properties as Regional Service. They are located in Pantops.) Rivanna Dist.
PROFFER FORM
(For South Pantops Office)
Date: 02/12/2003
ZMA # 2002-008
Tax Map and Parcel Number: 78-73A
6.96+ Acres to be rezoned from PDMC to PDMC
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 hereby proffers not to construct any building within 120 feet of the common property
line with Carriage Gate (TMP 78-20NN) for the purposes of the possibility of extending a road
through that portion of the property for a period of TEN years. After such time this proffer will
expire.
Signature of All Owners Printed Names of All Owners Date
(Signed) Charles W. Hurt, Pres. Charles W. Hurt 2-12-03
Hurt Investment Co.
PROFFER FORM
(For Dennis Enterprises)
Date: 02/12/2003
ZMA # 2002-008
Tax Map and Parcel Number: 78-13
1+ Acres to be rezoned from PDMC to HC
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 hereby proffers not to construct any building within 120 feet of the common property
line with Carriage Gate (TMP 78-20NN) for the purposes of the possibility of extending a road
through that portion of the property for a period of TEN years. After such time this proffer will
expire.
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Signature of All Owners Printed Names of All Owners Date
(Signed) Dennis Minetos Dennis Minetos 2-12-03
Tax Map 78-73A: Modification of the ZMA 98-20 Application Plan and Proffers:
A. The portion of the Application Plan for ZMA 98-20 (Attachment B), outlined in red, located generally
west of Hansen Road, and comprised of the area designated as "Hotel # 7 - 100 Rooms" on the
attached copy of the ZMA 98-20 Application Plan, is amended to allow "Office Space" instead of a
hotel. The development of this Office Space area shall be in general accord with the "Preliminary Site
Development Plans for Office at South Pantops", prepared by Rivanna Engineering, dated January 3,
2002 and revised January 7, 2003 (Attachment A).
B. The portion of the Application Plan for ZMA 98-20 (Attachment B) outlined in blue, located generally
east of Hansen Road, and comprised of the area designated as "Office Space # 5 - 45,000 SQ FT", is
amended to reduce the permitted square footage of office space use from forty-five thousand
(45,000) square feet to twenty thousand (20,000) square.
C. The tree conservation area depicted by dotted lines on the "Preliminary Site Development Plans for
Office at South Pantops", prepared by Rivanna Engineering, dated January 3, 2002 and revised
January 7, 2003 (Attachment A) may be reduced in size so that its western boundary is moved in
from the common property line with Tax Map 78 parcel 13A by up to fifty (50) feet.
D. The three modifications listed in A, B and C above are in addition to those previously approved, and
in all other respects the previously approved Application Plan and the modifications and requirements
reflected in the October 28, 1998 letter (Attachment C) apply.
E. The applicant shall provide the County with a modified application plan showing the changes
authorized by the modifications, listed in A, B and C above, per section 8.5.5 of the Albemarle County
Zoning Ordinance. However, the modified application plan can be limited to the area covered by this
zoning request.
F. Accept the proffer pertaining to the 120-foot “no build zone” (Attachment D).
Tax Map 78-13: Rezoning from PDMC to HC:
A. The portion of the Application Plan for ZMA 98-20 (Attachment B), outlined in green, which was
added to Tax Map 78 parcel 13, is rezoned to HC (Highway Commercial) from PDMC (Planned
Development-Mixed Commercial).
B. Accept the proffer pertaining to the 120-foot “no build zone” (Attachment D).
__________
Agenda Item No. 7. SP-2002-013. Dennis Enterprises Expansion - Outdoor Display (Sign
#40). Public hearing on a request to allow add'l vehicle display parking in accord w/Sec 30.6.3.2.b of the
Zoning Ord. TM 78, P 13, contains 3.748 acs. Loc on Richmond Rd (Rt 250) approx 1 ml from the
intersec of Richmond Rd & Stony Point Rd. Znd HC & EC. Rivanna Dist.
1. Vehicles shall not be elevated;
2. Vehicles shall be displayed only in the areas indicated for display shown on the plan;
3. The use shall not commence until a Certificate of Appropriateness is issued by the ARB, including
landscape and lighting plans;
4. Provide screening trees to the east, south and west of the proposed parking area to reduce the
impact of the loss of trees and to soften the appearance of the expanse of proposed pavement.
Provide a mixture of screening trees, ornamental trees, and shrubs throughout the slope of the
grading easement to the east of the site. A landscape easement will be required for off-site
planting;
5. Provide the planting bed with the seven (7) Eastern Red Cedars in the central portion of the
parking area as shown on the Minor Site Plan Amendment (SDP 02-34) dated March 8, 2002,
revised November 4, 2002;
6. Rather than alternate the screening trees along the eastern property line, cluster the same
species in groups and alternate groups of screening trees to create a more informal and
naturalistic landscape;
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7. Submit a landscape easement for off-site planting; and
8. Provide screening trees that will grow to a height that will sufficiently screen the proposed parking
area. This will require a wider planting area, which will necessitate the removal of most, if not all,
of the eleven (11) display parking spaces in the first row.