HomeMy WebLinkAbout20040414actionsACTIONS
Board of Supervisors Meeting of April 14, 2004
April 15, 2004
AGENDA ITEM/ACTION ASSIGNMENT
1. Call to Order.
• Meeting was called to Order at 6:00 p.m., by the Chairman, Mr.
Dorrier. All BOS members were present. Also present were
Bob Tucker, Larry Davis, Wayne Cilimberg and Ella Carey.
4. From the Public: Matters Not Listed on the Agenda.
• Liz Palmer, speaking on behalf of the League of Women Voters
Natural Resource Committee, presented a statement
concerning Community Development Authorities (CDA). She
asked the Board to carefully evaluate whether they want to use
a CDA, to look at the County’s responsibility for a CDA’s
operation and performance, and to look at the barriers that a
CDA would further separate citizens from elected officials.
• John Martin, a resident of Free Union, expressed concerns
about CDAs and the creation of another entity that has no
elected officials as a part of its membership.
• Judy Bartlett, of the Rural Health Outreach Program, serving as
the Latino Outreach Coordinator, which is a part of the Blue
Ridge Medical Center, thanked the Board for supporting their
program again this year.
• Maria Serrano thanked the Board for its support of the Rural
Outreach Program. Many people have benefited from the
program.
• Vernon Fischer spoke concerning the Board’s budget and tax
rate. He asked the Board to create some kind of mechanism in
the tax structure to give people in his economic situation tax
relief.
5.2 Resolution to accept road(s) in Stony Point Hills Subdivision
into the State Secondary System of Highways.
• ADOPTED the attached resolution.
Clerk: Forward signed resolution to Steve Snell in
Engineering. (Attachment 1)
5.3 SP-2003-083. Southside Church of God Amendment (Sign
#57).
• REMOVED from agenda.
5.4 SP-2003-087. Mosby Mountain Subdivision Plat Extension
(Sign #66).
• REMOVED from agenda.
5.2 Proclamation recognizing May 3 through May 9, 2004 as
Historic Preservation Week.
• ADOPTED the attached proclamation.
Clerk: Forward proclamation to Margaret
Maliszewski in Planning. (Attachment 2)
6. Adopt FY 2004-05 County Operating Budget and Capital
Budget.
• ADOPTED the FY 2004-05 County Operating Budget and
Capital Budget.
Clerk: Forward adopted resolution to Melvin
Breeden with copy to appropriate individuals.
(Attachment 3)
7. Adopt Calendar Year 2004 Tax Rates.
• ADOPTED the attached resolution setting out the Calendar
Year 2004 Tax Rates.
Clerk: Forward adopted resolution to Melvin
Breeden with copy to appropriate individuals.
(Attachment 4)
8. Public hearing to receive comments on Albemarle County’s Ron White: Proceed as approved.
1
Annual Plan for Administering Housing Choice Vouchers.
• APPROVED the proposed Annual Plan for submission to HUD
and AUTHORIZED the County Executive to sign the PHA
Certification of Compliance.
9. SP-2003-082. Old Dominion Equine Associates (Signs
#27&30).
• APPROVED SP-2003-082, by a vote of 6:0, subject to the five
conditions recommended by the Planning Commission.
Clerk: Set out conditions of approval in Attachment
5.
10. SP-2003-084. Dennis Enterprises - Rio Road (Sign #55).
• DEFERRED SP-2003-084, by a vote of 6:0, to July 14th, to
allow the applicant an opportunity to address the concerns
raised by staff and Board members.
Clerk: Schedule for July 14, 2004 agenda
11. ZMA-2003-11. Rio East Commercial Area (Signs #10&11).
• APPROVED SP-2003-011, by a vote of 6:0, as proffered, dated
3/25/2004 and signed by D. J. Wagner, Trustee.
Clerk: Set out proffers in Attachment 5.
12. SP-2003-58. Rio East Commercial Park (Veterinary
Hospital) (Signs #35&39).
• APPROVED SP-2003-058, by a vote of 6:0, subject to the four
conditions recommended by the Planning Commission.
Clerk: Set out conditions of approval in Attachment
5.
13. Review of the Eastham Agricultural & Forestal District.
14. Review of the North Fork Moorman’s River Agricultural &
Forestal District.
15. Review of the Pasture Fence Mountain Agricultural and
Forestal District
• ADOPTED the attached Ordinance.
Clerk: Forward ordinance to County Attorney’s
office for inclusion in next update of County Code.
Prepare letters, for Chairman’s signature, to
landowners. (Attachment 6)
16. North Pointe Update.
• REQUESTED staff to email the draft proffers to Board
members.
• DEFERRED public hearings (ZMA-02-09 and SP-02-72)
scheduled for May 14. Will discuss new date during May 5th
work session.
Wayne Cilimberg: Forward proffers to Board
members.
17. From the Board: Matters Not Listed on the Agenda.
Ken Boyd:
• Expressed a concern about needing to discuss long term
planning for water needs. Mr. Tucker suggested
scheduling a meeting with Michael Gaffney and Rivanna
staff to bring Mr. Boyd and Mr. Wyant up-to-date on the
various issues, and then schedule a presentation for the
entire Board.
Sally Thomas:
• The Lewis and Clark Festival will be held in Lee Park on
May 1st from 10:00 a.m. until 5:00 p.m.
• The dedication ceremony for Vickie Craw will be held on
April 15th at 10:30 a.m., on the front lawn of the County
Office Building.
• Encouraged everyone to attend the April 29th presentation
on the Hydraulic Road/Route 29/Route 250 interchanges.
The open house is from 6:30 p.m. until 9:00 p.m., at the
Holiday Inn located on Route 29 North. The presentation is
scheduled for 7:00 p.m.
• Announced that the County received a safety improvement
grant, in the amount of $250,000, for improvements to the
existing Hillsdale Drive.
• Urged Board members to look at the newsletter that the
2
PDC sends out by email. One of the items in the
newsletter is that the HOME Consortium has a sustainable
communities’ initiative.
David Wyant:
• He can provide cars to Board members who plan to
participate in the Dogwood Parade.
18. Adjourn.
• At 8:28 p.m., the meeting was adjourned.
/ewc
Attachment 1 – Stony Point Hills Subdivision Resolution
Attachment 2 – Historic Preservation Week Proclamation
Attachment 3 - Adopted Budget Resolution
Attachment 4 - 2004 Tax Levy Resolution
Attachment 5 – Conditions of Approval for Planning items
Attachment 6 – A/F District Ordinance
3
Attachment 1
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 14th
day of April 2004, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Stony Point Hills Subdivision, described on the attached Additions
Form SR-5(A) dated April 14, 2004, fully incorporated herein by reference, is shown on plats recorded in
the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board that the street 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 Transportation to add the roads in Stony Point Hills Subdivision, as
described on the attached Additions Form SR-5(A) dated April 14, 2004, to the secondary system of
state highways, pursuant to §33.1-229, 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, exclusive of any necessary easements for cuts, fills and drainage as described on the
recorded 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(s) described on Additions Form SR-5(A) are:
1) Turkey Run (State Route 1031) from the intersection of Route 784 to the cul-de-sac, as
shown on plat recorded 03/18/1994 in the office the Clerk of Circuit Court of Albemarle
County in Deed Book 1418, page 289, with a 50-foot right-of-way width, for a length of
0.19 mile.
Total Mileage - 0.19 mile.
4
Attachment 2
HISTORIC PRESERVATION WEEK
WHEREAS, historic preservation is an effective tool for managing growth, revitalizing
neighborhoods, fostering local pride and maintaining community character while
enhancing livability; and
WHEREAS, historic preservation is relevant for communities across the nation, both urban
and rural, and for Americans of all ages, all walks of life and all ethnic
backgrounds; and
WHEREAS, it is important to celebrate the role of history in our lives and the contributions
made by dedicated individuals in helping to preserve the tangible aspects of the
heritage that has shaped us as a people; and
WHEREAS, "New Frontiers in Preservation” is the theme for National Historic Preservation
Week 2004, cosponsored by Albemarle County, the Commonwealth of Virginia
and the National Trust for Historic Preservation;
NOW, THEREFORE, I, Lindsay G. Dorrier, Jr., Chairman, on behalf of the Albemarle County Board of
Supervisors, do proclaim
May 3 through May 9, 2004
as
Historic Preservation Week,
and call upon the people of Albemarle County to join their fellow citizens across
the United States in recognizing and participating in this special observance.
5
Attachment 3
BUDGET RESOLUTION
BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the budget for
the County for the Fiscal Year beginning July 1, 2004 be approved as follows:
FY 04/05 Adopte d
A dminis t rat i on 8,592,745$
Judi c ial 2,914,843$
Public Safety 19,479,744$
P ublic W ork s /General S ervic es 2,961,830$
Human Development (inc luding PV CC)13,102,186$
P ark s , Rec reat ion, and Cult ural 4,868,994$
Communit y Development 6,358,648$
Refunds 125,000$
Cit y /County Revenue Sharing 8,004,461$
Capital Improvments B udget 27,704,135$
S t ormwat er Im provem ent s 400,000$
General Government Debt S ervic e 2,247,376$
Educ at ion - Debt Servic e 10,844,880$
Educ at ion - S c hool Operat ions 114,453,097$
E duc at ion - S elf-S us t aining Funds 12,829,917$
S pec ial Revenue Fund Operat i ons 14,841,900$
Les s : Int er-fund Trans fers (8,911,084)$
Cont ingenc y Res erves 254,375$
TOTAL 241,073,047$
6
Attachment 4
RESOLUTION
BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, does hereby set the
County Levy for the Calendar Year 2004 for General County purposes at Seventy-Six Cents
($0.76) on every One Hundred Dollars of assessed value of real estate; at Seventy-Six Cents
($0.76) on every One Hundred Dollars of assessed value of manufactured homes; at Seventy-Six
Cents ($0.76) on every One Hundred Dollars of assessed value of public service assessments; at
Four Dollars and Twenty-Eight Cents ($4.28) on every One Hundred Dollars of assessed value of
personal property; and at Four Dollars and Twenty-Eight Cents ($4.28) on every One Hundred
Dollars of assessed value of machinery and tools; and
FURTHER orders that the Director of Finance of Albemarle County assess and collect the taxes on all
taxable real estate and all taxable personal property.
7
Attachment 5
Agenda Item No. 9. SP-2003-082. Old Dominion Equine Associates (Signs #27&30). Public
hearing on a request to allow equine veterinary practice in accord w/ Sec 10.2.2.18 of the Zoning Ord. TM
50 Ps 20C & 20D, contains 1.704 acs. Znd RA & EC. Loc on Rt 231 at intersec of Rt 640. Rivanna Dist.
1. The site shall be developed in general accord with the conceptual plan titled Old Dominion
Equine Associates Concept Plan, revised 2/16/04, and prepared by Muncaster Engineering;
2. The applicants shall provide a preliminary landscape plan that reflects the surrounding rural
landscape to the satisfaction of the Architectural Review Board;
3. The applicants shall provide landscaping along all parking areas to the satisfaction of the
Architectural Review Board;
4. Any outdoor lighting shall be designed to be appropriate to the rural environment to the
satisfaction of the Architectural Review Board; and
5. The applicants shall grant sight-distance easements on Route 640 to the satisfaction of the
Virginia Department of Transportation.
____________
Agenda Item No. 11. ZMA-2003-11. Rio East Commercial Area (Signs #10&11). Public
hearing on a request to amend proffers of ZMA-1996-004 to allow veterinary hospital by special use
permit. TM 61, Ps 124A part of & 124B part of, contains approx .8456 acs. Znd PDMC. Loc on Rio E Ct
(private), approx .1 miles from intersec of Rio East Ct & Rt 631 (Rio Rd E). (The Comp Plan designates
this property as Office Service in Neighborhood 2.) Rio Dist.
PROFFER FORM
Date: 04/14/2004
ZMA # 2003-011
Tax Map and ParceI Number(s) 61-124A and 61-124B
5.608 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 agree 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.
The original proffers of ZMA-1996-004 still apply to all of the remaining parcels within the PD-MC,
Planned Development Mixed Commercial zoning district. For the lands subject to this zoning map
amendment, the original proffers are amended to state as follow:
1. Use of the property designated as the Restricted Area on the Sketch Plan hereto (hereinafter the
“Restricted Area”) shall include only:
a. All uses permitted under Section 23.2.1 of the Albemarle County Zoning Ordinance as it
exists on April 14, 2004, a copy of which is attached, shall be permitted by right.
b. Uses permitted under Section 23.2.2 of the Albemarle County Zoning Ordinance as it
exists on April 14, 2004, a copy of which is attached, shall be permitted only by special
use permit.
2. Use of the property outside the Restricted Area shall include only:
a. All uses permitted under Section 23.2.1 of the Albemarle County Zoning Ordinance as it
8
exists on April 14, 2004, a copy of which is attached, shall be permitted by right.
b. Barber and beauty shops as permitted under Section 22.2.1.b2 and office and business
machine sales and services as permitted under Section 24.2.1.29 of the Albemarle
County Zoning Ordinance as those sections exist on April 14, 2004, copies of which are
attached, shall be permitted by right provided such uses, when combined with those
permitted under Section 23.2.1.6 of the Albemarle County Zoning Ordinance as it exists
on April 14, 2004, a copy of which is attached, do not occupy more than twenty (20)
percent of the floor area of buildings on the site.
c. Uses permitted under Section 23.2.2 of the Albemarle County Zoning Ordinance as it
exists on April 14, 2004, a copy of which is attached, shall be permitted only by special
use permit.
d. Uses permitted under Section 24.2.2.4 of the Albemarle County Zoning Ordinance
(Veterinary office and hospital) as it exists on April 14, 2004, a copy of which is attached,
shall be permitted only by special use permit.
(Signed D. J. Wagner, Trustee
Rio East Land Trust D. J. Wagner, Tustee 3-25-2004
Signatures of All Owners Printed Name of All Owners Date
____________
Agenda Item No. 12. SP-2003-58. Rio East Commercial Park (Veterinary Hospital) (Sign #35,
39). Public hearing on a request to allow veterinary office & hospital in accord w/ Sec 25A.2.2.1 of the
Zoning Ord. TM 61, Ps 124A part of & 124B part of, contains approx .8456 acs. Znd PDMC. Loc on Rio
E Ct (private), approx .1 miles from intersec of Rio E Ct & Rt 631 (Rio Rd E). Rio Dist.
1. A site plan shall be submitted for approval that shall be in general accord with the sketch plan
prepared by Keeney & Co, Architects dated 3/12/04;
2. Any enlargement or expansion of the veterinary office and hospital use will require an
amendment to this Special Use Permit (SP-2003-058);
3. No overnight boarding use other than for those animals under medical care shall take place at the
veterinary hospital; and
4. Granted a waiver of Section 5.1.11(b) of the Zoning Ordinance requires that a soundproofed
building shall be located no closer than two hundred (200) feet to any agricultural or residential lot
line.
9
Attachment 6
Agenda Item No. 13. Public hearing on the Board of Supervisors’ periodic review of the Eastham
Agricultural & Forestal District & to consider amending section 3-212, Eastham Agricultural & Forestal
District, of Division 2, Districts, of Article II, Districts of Statewide Significance, of Chapter 3, Agricultural &
Forestal Districts, of the Albemarle County Code. The proposed ordinance would identify TMP 63-41A2
as being in the district, would continue the district & set the next district review date deadline of April 14,
2014.
__________
Agenda Item No. 14. Public hearing on the Board of Supervisors’ periodic review of the North
Fork Moorman’s River Agricultural & Forestal District & to consider amending section 3-223, North
Fork Moorman’s River Agricultural & Forestal District, of Division 2, Districts, of Article II, Districts of
Statewide Significance, of Chapter 3, Agricultural and Forestal Districts, of the Albemarle County Code.
The proposed ordinance would continue the district, set the next district review date deadline of April 14,
2014.
__________
Agenda Item No. 15. Public hearing on the Board of Supervisors’ periodic review of the Pasture
Fence Mountain Agricultural and Forestal District & consider amending section 3-225, Pasture Fence
Mountain Agricultural and Forestal District, of Division 2, Districts, of Article II, Districts of Statewide
Significance, of Chapter 3, Agricultural & Forestal Districts, of the Albemarle County Code. The proposed
ordinance would remove TMP 13-4 from the district, would continue the district & set the next district
review date deadline of April 14, 2014.
ORDINANCE NO. 04-3(2)
AN ORDINANCE TO AMEND AND REORDAIN ARTICLE II, DISTRICTS OF STATEWIDE
SIGNIFICANCE, OF CHAPTER 3, AGRICULTURAL AND FORESTAL DISTRICTS, OF THE CODE OF
THE COUNTY OF ALBEMARLE, VIRGINIA.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Article II,
Districts of Statewide Significance, of Chapter 3, Agricultural and Forestal Districts, of the Code of the
County of Albemarle, Virginia, is hereby amended and reordained as follows:
By Amending:
Section 3-212 Eastham Agricultural and Forestal District
Section 3-223 North Fork Moorman’s River Agricultural and Forestal District
Section 3-225 Pasture Fence Mountain Agricultural and Forestal District
ARTICLE II. DISTRICTS OF STATEWIDE SIGNIFICANCE
DIVISION 2. DISTRICTS
Sec. 3-212 Eastham Agricultural and Forestal District
The district known as the "Eastham Agricultural and Forestal District" consists of the following
described properties: Tax map 63, parcels 1, 1A, 1A1, 2, 4, 14G, 14H, 14I, 26, 26A, 27, 28, 28A, 30F,
30G, 41A, 41A1, 41A2. This district, created on October 2, 1985 for not more than 10 years and last
reviewed on April 14, 2004, shall next be reviewed prior to April 14, 2014.
(12-8-93; 5-11-94; Code 1988, § 2.1-4(c); Ord. 98-A(1), 8-5-98; Ord. 04-3(2), 4-14-04)
10
11
Sec. 3-223 North Fork Moorman's River Agricultural and Forestal District.
The district known as the "North Fork Moorman's River Agricultural and Forestal District"
consists of the following described properties: Tax map 4, parcels 1, 2, 3, 4. This district, created on
November 17, 1993 for not more than 10 years and last reviewed on April 14, 2004, shall next be
reviewed prior to April 14, 2014.
(11-17-93; Code 1988, § 2.1-4(v); Ord. 98-A(1), 8-5-98; Ord. 04-3(2), 4-14-04)
Sec. 3-225 Pasture Fence Mountain Agricultural and Forestal District.
The district known as the "Pasture Fence Mountain Agricultural and Forestal District" consists of
the following described properties: Tax map 13, parcels 1, 5, 8, 10, 12. This district, created on
November 17, 1993 for not more than 10 years and last reviewed on April 14, 2004, shall next be
reviewed prior to April 14, 2014.
(11-17-93; 7-13-94; Code 1988, § 2.1-4(u); Ord. 98-A(1), 8-5-98; Ord. 04-3(2), 4-14-04)