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ACTIONS
Board of Supervisors Meeting of June 9, 2004
June 10, 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.
• Neil Williamson, Executive Director of the Free
Enterprise Forum, presented proposed
language for the Board’s consideration
regarding interconnectivity (This is in reference
to the Subdivision Text Amendment).
• John Cruickshank, representing the Piedmont
Group of the Virginia Chapter of the Sierra Club,
asked the Board to take an official position in
opposition to the construction of two new
nuclear power plants at the North Anna site in
Louisa County.
• Elena Day, a resident of 151 Buckingham
Circle, asked the Board to oppose the nuclear
power plants at North Anna.
• Abhaya Thiele, a resident of 406 Key West
Drive, representing the People’s Alliance for
Clean Energy, also spoke regarding the
proposed nuclear power plants at North Anna.
• Elizabeth Helmke, owner of Charlottesville
Jazzercise Center, addressed the Board
concerning her special permit application which
was approved by the Board on May 12th. She
asked the Board to relieve her of condition #2
requiring the owner to correct a violation on the
property. Mr. Davis said the Board cannot take
the action Ms. Helmke is requesting tonight. In
addition the Zoning Administrator cannot issue a
zoning clearance until the violation is corrected.
He noted that Ms. Helmke began her operation
prior to Board approval of the special permit.
He added that the Zoning Administrator will
work with Ms. Helmke to insure that she is not
unreasonably affected by this condition.
• Nancy Verell, on behalf of the Minor Hill Manor
Homeowners Association, addressed the Board
regarding the proposed earthen dam project in
Whitewood Park. She asked that the Board
make sure the natural environment of the Park
continues to be preserved.
• Gerald Gill, President of the Minor Hill Manor
Homeowners Association, echoed the concerns
expressed by Ms. Verell.
• John Martin, a resident of Earlysville, suggested
the Board review the second restated Articles of
Incorporation for the Rivanna Water and Sewer
Authority, relative to the structure of the Board
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of Directors. He suggested the Board appoint
the Director of Community Development to the
Rivanna Board.
5.1 Set public hearing on an Ordinance to Amend
Chapter 12, Sections 12-201 and 202 regarding
Dance Hall permits.
• SET public hearing for July 7, 2004.
Clerk: Advertise public hearing.
5.2 Adopt resolution approving Gilbert Station Road
(Route 640) as Rural Rustic Paving Project.
• ADOPTED resolution.
Clerk: Forward resolution to Jim Bryan with
copy to Juandiego Wade (Attachment 1).
5.3 Authorize County Executive to sign future construc-
tion agreement related to Hollymead Town Center
Area B.
• AUTHORIZED County Executive to sign the
Future Construction Agreement on behalf of the
County after final language acceptable to the
Department of Community Development and
the County Attorney is agree upon, and the
Agreement is approved as to form by the
County Attorney.
County Attorney’s office: Provide Clerk’s office
with copy of agreement after it has been
finalized and signed.
6. SP-2003-052. Larry Hawkins Home Occupation
(Signs #63&65).
• APPROVED SP-2003-052, by a vote of 6:0, to
grant the waiver for 2200 square feet to be
reflective in condition #1, and subject to the six
conditions recommended by the Planning
Commission and amended at the Board
meeting.
Clerk: Set out conditions of approval
(Attachment 2).
7. SP-2003-079. The Rock Amendment (Signs #49,
52&53).
• APPROVED SP-2003-079, by a vote of 6:0,
subject to 20 conditions.
Clerk: Set out conditions of approval
(Attachment 2).
8. ZMA-2003-012. Stillfried Lane Townhouses
(Signs #21&51).
• APPROVED ZMA-2003-012, by a vote of 6:0,
subject to the revised proffers, APPROVED a
reduction in the internal setbacks, and
RECOMMENDED that the Planning
Commission review the request for a critical
slopes waiver.
Clerk: Set out proffers (Attachment 2).
9. Appeal: ARB-2004-031 – Seminole Place Sign
Refacing.
• AFFIRMED the decision of the ARB.
10. From the Board: Matters Not Listed on the Agenda.
David Wyant:
• Asked that the Board discuss what action they
will be taking on the Crozet Master Plan. He
needs an understanding of what they will be
voting on. Mr. Tucker suggested he and staff
meet with Mr. Wyant and Mr. Boyd.
David Bowerman:
• Updated Board members on the Birnam Basin.
Lindsay Dorrier:
• Suggested that when the Board discuss
economic development, it include a discussion
on the wine industry.
• At 9:15 p.m., the Board went into Closed
Session.
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• At 9:45 p.m., the Board reconvened into Open
Session and certified the Closed Session.
11. Adjourned.
• The meeting was adjourned at 9:45 p.m.
/ewc
Attachment 1 – Resolution – Gilbert Station Road
Attachment 2 – Conditions of Approval
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ATTACHMENT 1
RESOLUTION
WHEREAS, during the 2002 session of the General Assembly, legislation was passed to revise
§33.1-70.1 of the Code of Virginia, to allow for the improvement and hard surfacing of certain unpaved
roads deemed to qualify for and be designated a Rural Rustic Road; and
WHEREAS, such roads must be located in a low-density development area and have a minimum
of 50 vehicles per day (vpd), and have no more than 500 vpd; and
WHEREAS, this Board is unaware of pending development that will significantly affect the
existing traffic on the road; and
WHEREAS, the citizens that utilize this road have been aware of this road being paved with
minimal improvements; and
WHEREAS, this Board believes Route 640 – Gilbert Station Road should be designated a Rural
Rustic Road, from Route 784 to Route 20 owing to its qualifying characteristics; and
WHEREAS, the road aforesaid is in this Board’s six-year plan for improvements to its secondary
system of state highways:
NOW, THEREFORE, BE IT RESOLVED, this Board hereby designates and requests VDOT’s
Resident Engineer to concur in the aforesaid road as a Rural Rustic Road.
BE IT FURTHER RESOLVED, this Board requests that this road be hard surfaced and, to the
fullest extent prudent, be improved within the existing right of way and ditch-lines to preserve as much as
possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in their
current state.
BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
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ATTACHMENT 2
CONDITIONS OF APPROVAL
Agenda Item No. 6. SP-2003-052. Larry Hawkins Home Occupation (Signs # 63&65). Public
hearing on a request to allow Home Occupation Class B for Excavation Contractor in accord w/Sec
10.2.2.31 of the Zoning Ord. TM 94, P 7B, contains 2 acs. Znd RA. Loc on 3117 Hearns Lane, approx
.25 miles from intersec of Hearns Lane & Running Dear Rd (Rt 808). Scottsville Dist.
1. A storage shed or garage, not to exceed twenty-two hundred (2200) square feet shall be
constructed for the purpose of storing all equipment and materials related to the approved use;
2. All on site repair or maintenance of vehicles or equipment related to the approved use shall occur
within the storage shed or garage;
3. No outside storage of equipment, parts, mulch, inoperable vehicles, scrap or other construction
materials shall be permitted. Any outdoor storage existing on the date of the approval of this
permit by the Board of Supervisors' approval shall comply with this condition within one hundred
twenty (120) days of the Board of Supervisors' approval of this special use permit;
4. The new storage shed or garage shall meet the minimum yard requirements for commercial
structures, found in Section 21.7.2 of the ordinance. (No portion of any structure shall be located
closer than fifty (50) feet to any residential or rural areas district.)
5. The storage shed or garage must meet the minimum landscaping and screening requirements for
commercial and industrial uses, found in Section 32.7.9 of the ordinance; and
6. Before this permit may be used, the zoning administrator shall confirm that no junk is being stored
on the property.
__________
Agenda Item No. 7. SP-2003-079. The Rock Amendment (Signs #49,52&53). Public hearing
on a request to amend existing special use permit for rural preservation development of more than 20 lots
to: (1) amend the boundaries of the Rural Preservation Tract (TM 74, P 18); (2) amend the boundaries of
TM 74, Ps 18C, 18C1, 18C2 and 18C3; (3) amend access to TM 74, Ps 18, 18C, 18C1, 18C2 and 18C3;
& (4) allot development rights not used in the original proposal. This request is made in accord w/Sec
10.2.2.28 of the Zoning Ord, which allows for 20 or more Development Lots in a Rural Preservation
Development. TM 74, Ps 18, 18C, 18C1, 18C2, 18C3, 18D, 18D1, 18D4, 18D7, 18D8, 18D9, 18E, 18E1,
18E2, 18E3, 18E4, 18E5, 18E8, 18E9, 18F, 18F1, 18F2, 18F3, 18F9, 18G, 18G1, 18G3, 18G4, 18G5,
18G6, 18G7, 18G8, contains approx 645 acs. Znd RA. Loc off of Rt 637 (Dick Woods Rd), at its
intersect w/I-64. Samuel Miller Dist.
1. Except as otherwise provided herein development of The Rocks shall be in accord with the
“Special Use Permit Plan…” prepared by Thomas B. Lincoln Land Surveyor, Inc. dated April 2,
2004. For purposes of these conditions the plan shall heretofore be referred to as “The
Application Plan;”
2. Except for minor boundary adjustments, (as determined by the Agent), the boundaries of Tax
Map 74, Parcels 18C, 18C1, 18C2 and 18C3 may be modified only as shown on “The Application
Plan;”
3. Within the boundaries of Revised Lot 1, there shall be allowed a total of four (4) dwelling units or
four (4) lots. Before a building permit is issued for a second dwelling unit, or before a subdivision
plat is approved creating a new lot(s) within the boundaries of Lot 1, a new application plan shall
be reviewed and approved administratively by the County authorizing the dwelling units or lots.
For purposes of these conditions the term “subdivision” shall also mean family divisions;
4. All subdivisions within the boundaries of Revised Lot 1 shall meet the design standards and
special provisions set forth in Section 10.3.3 of the Zoning Ordinance. This includes the
requirement that it be demonstrated that the additional lots combined with the other approved lots
do not exceed the actual number of lots that could have been achieved by conventional
development of the total property;
5. All dwellings and development lots within the boundaries of Lot 1 shall be located east of the
floodplain of Ivy Creek;
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6. All future development lots subdivided from Lot 1 shall be no larger than 3.26 acres in area, shall
be located in a manner consistent with, and be integrated into the overall design of the other
development lots in The Rocks;
7. A minimum of ten (10) trees per acre shall be provided on the development lots, including those
permitted by condition three (3), in accordance with Section 32.7.9.5 of the Zoning Ordinance for
the purpose of providing screening from Interstate 64 and Route 637. Trees shall be installed
within two (2) planting seasons of the date of issuance of a certificate of occupancy for the
dwelling on the lots;
8. Clearing of land shall be limited to the minimum amount necessary for the construction of access
roads, dwellings, and septic fields;
9. Building siding and trim shall be of colors and materials that blend with the surrounding natural
environment as determined by the Director of Planning. Highly reflective colors or surfaces, or
light colored roofs, as determined by the Director of Planning, are prohibited;
10. Concrete driveways visible from off-site shall be darkened to blend with the surrounding natural
environment as determined by the Director of Planning;
11. The bridge shall not be constructed until the approvals in conditions twelve (12) through fifteen
(15) have been obtained;
12. Department of Engineering issuance of an erosion and sediment control permit;
13. Department of Engineering approval of bridge design;
14. Department of Engineering approval of hydro geologic and hydraulic calculations to ensure
compliance with Section 30.3. of the Zoning Ordinance;
15. Department of Engineering approval of private road plans and drainage calculations. Private
roads shall be designed to Virginia Department of Transportation mountainous terrain standards.
This condition is only applicable to the private roads constructed to access and provide frontage
to all the lots in the Rocks development except the Rural Preservation Tract and revised Tax Map
74, Parcels 18C, 18C1, 18C2 and 18C3 as shown on “The Application Plan;”
16. The extension of Newcomb Mountain Lane as a private road is subject to Planning Commission
approval. The Planning Commission shall establish the standard of the private road extension at
the time of review;
17. The existing road, shown entering from Rocks Farm Drive, parallel to Interstate 64 and
meandering through the Preservation Tract shall not be improved or widened except for
agricultural and/or forestry purposes. The need for such improvements shall be reviewed by the
Public Recreational Facilities Authority. If the Public Recreational Facilities Authority deems that
the improvements are warranted, construction shall not commence until a road plan and an
erosion and sediment control plan has been reviewed and approved by the County Engineer;
18. Prior to the approval of any plat modifying the boundaries of the Rural Preservation Tract, the
rural preservation easement shall be amended to allow the modification; amendment to the
easement is subject to the review and approval of the County and the Albemarle County Public
Recreational Facilities Authority. Approval of this special use permit in no way implies or
guarantees approval of a modified easement by the County or the Albemarle County Public
Recreational Facilities Authority;
19. Prior to the approval of any plat providing access to Newcomb Mountain Lane an amended road
maintenance agreement shall be reviewed and approved by the County Attorney. This agreement
shall be recorded with the plat; and
20. Provide evidence to the County that the Rosemont Homeowner’s Association consents to the
Newcomb Mountain Lane extension to serve as access to Tax Map 74, Parcels 18C, 18C1, 18C2
and 18C3.
__________
Agenda Item No. 8. ZMA-2003-012. Stillfried Lane Townhouses (Signs #21&51). Public
hearing on a request to rezone 6.652 acs from R-1 to PRD to allow 26 townhouse units. TM 60, Ps 31,
32, 33, & 34. Loc on Stillfried Lane off Rt 250W (Ivy Rd) behind Kluge Children’s Rehabilitation Center.
(The Comp Plan designates this property as Neighborhood Residential in Neighborhood 6.) Jack Jouett
Dist.
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PROFFER FORM
Date of Proffer Signature: 6.9.04
ZMA # 2003-012
Tax Map 60 and Parcel Numbers 32, 33 and 34
6.652 Acres to be rezoned from R-1 (Residential) to PRD (Planned Residential Development)
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 with the offered plans approved for development. 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 development on Tax Map 60 Parcel Numbers 32, 33 and 34 shall be in general accord with the
plan produced by Terra Partners, LLC, dated December 19, 2003, revised April 23, 2004 entitled
“The Stillfried Lane Townhomes at Poplar Glen”, herein referred to as the Application Plan, (sheets 2
of 3 and 3 of 3).
(2) No building permit shall be issued unless and until the Director of Community Development, or his
assigns, determines that the building facades are in general accord with the architecture plans
produced by Bosserman Design/Development, dated 10/29/03, last revised 12/22/03, entitled “Poplar
Glen, Stillfried Lane Townhomes”, sheets p-1, p-2, and p-3. The façades shall be determined to be in
general accord if the architecture implements features that break up the massing of the building, such
as the porches, porticos, variations in building materials, and gables which break up the rooflines
(3) The owner shall avoid cutting all trees (greater than six (6) inches diameter at breast height) in the
area labeled Conservation Area on the Application Plan.
(4) The owner shall bury all utilities on the project site during the construction of the townhouses,
including those utilities (electric, telephone, sewer and water) serving the UVA Cochran House on
Tax Map 60 Parcel 34A, prior to issuance of the first Certificate of Occupancy for any dwelling unit.
(5) The owner shall contribute a sum of $3,000 cash per dwelling unit to the County for funding Capital
Improvements or affordable housing programs. The cash contribution will be paid at the time of the
issuance of the Building Permit for that dwelling unit. If this cash contribution has not been exhausted
by the County for the stated purpose within ten (10) years from the date of the contribution, all
unexpended funds shall be refunded to the owner.
(Signed) Mark Powell_______ (Printed) Mark Powell, VP of Weather Hill Homes, LLC 6-9-04
Signature of All Owners Printed Names of All Owners Date