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HomeMy WebLinkAbout20041103actionsACTIONS Board of Supervisors Meeting of November 3, 2004 November 10, 2004 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to Order. • Meeting was called to order at 9:00 a.m., by the Chairman, Mr. Dorrier. All BOS members were present. Also present were Bob Tucker, Larry Davis and Ella Carey. 4. From the Public: Matters Not Listed on the Agenda. • Mr. John Martin said for the past seven years a group of citizens have been working on water supply matters toward the goal of an adequate future water supply. Because of ongoing concerns, the citizens decided to organize and host its’ own meeting with the federal and state regulators. The meeting will be held on November 4th at 10 a.m., at the Dept. of Game and Inlands Fisheries office in Fontaine Research Park. • Mr. Tom Loach said at the last Crozet Community Association meeting, the Association voted to reject the Crozet Master Plan based on the County’s unwillingness to provide long term infrastructure funding for the Plan. Additionally, the Association voted to support no additional rezonings that would result in higher density in Crozet other than uses by-right. • Mr. Steve Ashby, a past member of the MPO Community Mobility Committee expressed the need for a comprehensive transportation system for Charlottesville and Albemarle; including the need for transit service to COB- 5th Street and the County’s growth areas, and the need for sidewalks and bike paths. He also thinks the County needs to look at rail service. • Mr. Jeff Warner read text from a Lifetime Achievement Award given by the Piedmont Environmental Council to Charlotte Humphris in September 2002. 5. Walnut Creek Park Recognition • The Chairman recognized Walnut Creek Park for being named the “Best Outdoor Recreation Site” in the community by C-Ville Weekly. Pat Mullaney recognized Parks and Recreation staff responsible for the upkeep of the County parks. 6. Presentation: 2004 Olympic Equestrian Silver Medalist, Kim Severson, Linda Wachtmeister, owner and “Dan” • The Chairman recognized Kim Severson with a proclamation and statute in honor of her Olympic medal win. He also recognized Linda Wachtmeister, the owner, and “Dan” (Attachment 1) 1 the horse. 7.1 Resolution to accept Sunflower Fields Drive in Blue Hills Subdivision into the State Secondary System of Highways. • ADOPTED resolution. Clerk: Forward signed resolution to Pam Shifflett in Community Development. (Attachment 2) 8. Board to Board Presentation. • RECEIVED. 9a. Discussion: Transportation District Funding Options • CONSENSUS to discuss with City Council at Joint meeting on November 11th. 9b. Transportation Matters Not Listed on the Agenda. Brent Sprinkle: • VDOT’s goal is to get the Six Year Secondary Road Plan approved and into VDOT’s Central Office by the end of the calendar year. • VDOT’s traffic engineering staff will be reviewing the Airport Extension runway project (Routes 606 and 743). He concurs with the issues that have been brought to VDOT and hopes to come to a quick resolution and move forward. Dennis Rooker: • Asked about the proposed completion date for the Airport Road project. Mr. Sprinkle replied late summer/early Fall 05. Sally Thomas: • Suggested Mr. Sprinkle acquaint himself with the Route 250 West Advisory Committee; the contact for that committee is Juan Wade. • Mentioned there is an ongoing concern about the entrance at White Gables onto 250 West and more so with the newly proposed development. She asked that VDOT work with the neighbors and developers. • Mentioned action taken by the Board regarding the Faulconer Construction site plan and VDOT’s involvement. David Wyant: • Asked that Chuck Proctor contact him regarding some engineering, drainage and sight distance issues. Clerk: Forward comments to Brent Sprinkle. 10a. Sun Ridge Road Improvement Project (continued from September 1, 2004). • APPROVED staff’s recommendation to appropriate an additional $75,000 for completion of Phase II of the Sunridge Road project and abandon the remaining right of way beyond Phase II of the project. Mike Stumbaugh: Proceed as directed. 10b. Key West Dam Repair Project (continued from September 1, 2004). • APPROVED Option 3, as recommended by staff, to improve the Key West Dam, but do not upgrade the Key West Drive Roadway for VDOT acceptance, level control structure with riser and trash rack ($347,000), as a County project with ongoing maintenance to be County responsibility as well, at no cost to the Mike Stumbaugh/Paul Muhlberger: Proceed as directed. 2 residents. This is contingent on the homeowners donating to the County appropriate right-of-way necessary to do the work and provide future maintenance. 11. Appeal: ARB -2004-057. Kia Signs, Tax Map 78, Parcel 9. • AFFIRMED the decision of the ARB, by a vote of 6:0, including all of its conditions of approval, with a modification to condition #6. Clerk: Forward letter to applicant. (Attachment 3) 12. Virginia Department of Forestry Presentation, Nelson J. Shaw, Area Forester. (Moved to December 1, 2004). 13. TJPDC Draft Legislative Program. • APPROVED the Draft 2005 TJPDC Legislative Program, with the understanding that suggested changes from the Board will be reflected in the final version of the regional legislative program. SUPPORTED as the County’s priorities: request change in provisions of SB 5005 so that car tax reimbursements occur in a timely manner and request increase in transportation funding. Clerk: Forward to Dave Blount. 14. Tax Relief for the Elderly and Disabled Program. • APPROVED using the income and net worth matrix to determine the relief percentages (Attachment B) for the new limits that were approved by the Board last April. The matrix to be incorporated into the Ordinance that will come to the Board in December for approval. Richard Wiggans: Proceed as directed. 15. FY05 First Quarter Financial Report. • ACCEPTED the report. • Mr. Boyd said he would like to take a closer look at the priority of funding in the Capital Fund with the CIP Technical Committee. 16. FY 2005 Revised and FY 2006 Estimated General Fund Revenues and Preliminary Budget Guidance. • APPROVED the preliminary FY06 allocation of local revenues to the Capital Improvement Program in accordance with the guidelines recommended by the financial advisors and to the School Division and General Government funds for operating costs. Richard Wiggans/Melvin Breeden: Proceed as directed. 17. Update on Northern Fire Rescue Services. • APPROVED retaining the daytime (12 hrs/day, 5 days per week) career fire rescue staff at the Earlysville Volunteer Fire Station even after the opening of the Northern Fire Rescue station. Dan Eggleston: Proceed as directed. 18. Closed Session. • At 1:10 p.m., the Board went into Closed Session pursuant to § 2.2-3711(A) of The Code of Virginia, under subsection (1) to consider appointments to boards, committees, and commissions; under subsection (5) to discuss a prospective business locating in the County; under subsection (7) to discuss with legal counsel and staff specific legal issues regarding an interjurisdictional agreement; and under 3 subsection (7) to consult with legal counsel and staff regarding pending litigation. 19, Certify Closed Session. • At 2:21 p.m., the Board reconvened into open session and certified the Closed Session. 20. Appointments. • REAPPOINTED Joseph T. Samuels, Jr. to the ACE Appraisal Review Committee with said term to expire December 31, 2005. • REAPPOINTED Kirk Train, Candace M. P. Smith and Kathryn Hobbs to the Architectural Review Board with said terms to expire November 14, 2008. • REAPPOINTED John Hood to Board of Building Code Appeals and Fire Prevention Code of Appeals with said terms to expire November 21, 2009. • REAPPOINTED Alan Collier (Rivanna District), David Cooke, II (Jack Jouett District), Dabney B. Sandridge (White Hall District), A. Scott Ward (Scottsville District), C, Marshall Thompson (Rio District) and Alice Nye Fitch (Samuel Miller District) to the Equalization Board with said terms to expire December 31, 2005. • REAPPOINTED Vernon W. Jones (White Hall District) to the Industrial Development Authority with said term to expire January 19, 2009. • REAPPOINTED Mark Reisler to the Jefferson Area Board on Aging with said term to expire October 20, 2006. • REAPPOINTED Sherry Buttrick to the Public Recreational Facilities Authority with said term to expire December 13, 2007. • REAPPOINTED Michael Gaffney as the joint appointee to the Rivanna Solid Waste Authority and the Rivanna Water & Sewer Authority with said terms to expire December 31, 2006. • REAPPOINTED Kevin O’Connor to the Rivanna Solid Waste Authority Citizens Advisory Committee with said term to expire December 31, 2006. Clerk: Prepare appointment letters for Chairman‘s signature, update Boards and Commissions book, web page and copy appropriate persons. 21. FY 2005 Proposed Budget Amendment. • APPROVED the FY 2005 Budget Amendment in the amount of $12,649,837.31, and APPROVED Appropriations #2005024, #2005025, #2005026, #2005027, #2005028, and #2005029 to provide funds for various General Government, School, and Capital programs. Clerk: Forward signed appropriation forms to Richard Wiggans and copy appropriate persons. 22. SP-2003-084. Dennis Enterprises – Rio Rd (Sign # 55). • APPROVED SP-2003-084, by a vote of 4:2, subject to 11 conditions. Clerk: Forward conditions of approval to Planning staff. (Attachment 4) 23. SP-2004-0016. Forest Lakes North Swim and Tennis Club (Signs #23&94). • DEFERRED SP-2004-0016 until December 1, 2004 to allow the community association time to Clerk: Schedule on consent agenda when ready to come back to Board. 4 review the wording of the proposed condition. Assuming there are no other issues, this item can come back on the consent agenda for action. 24. SP-2004-0017, Forest Lakes South Swim and Tennis Club (Sign #18). • DEFERRED SP-2004-0017 until December 1, 2004 to allow the community association time to review the wording of the proposed condition. Assuming there are no other issues, this item can come back on the consent agenda for action. Clerk: Schedule on consent agenda when ready to come back to Board. 25. SP-2004-0046, Lighthouse Worship Center Inc. (Sign #82). • APPROVED SP-2004-0046, by a vote of 6:0, subject to the three conditions recommended by the Planning Commission Clerk: Forward conditions of approval to Planning staff. (Attachment 4) 26. Keswick Agricultural/Forestal District. • ADOPTED Ordinance to continue District as proposed and set the next District review date deadline of November 3, 2014. Clerk: Forward signed ordinance to County Attorney’s office with copy to Planning staff. Prepare letter for individuals who remained in district. (Attachment 5) 27. Kinloch Agricultural/Forestal District. • ADOPTED Ordinance to continue District as proposed and set the next District review date deadline of November 3, 2014. Clerk: Forward signed ordinance to County Attorney’s office with copy to Planning staff. Prepare letter for individuals who remained in district. (Attachment 5) 28. Work Session: Crozet Master Plan Amendment (CPA-2003-07) (deferred from August 11, 2004). • HELD. Directed staff to add language that the cost estimates were made as part of the master planning process in 2003 by the consultant, and are not intended to represent actual costs, but to be used as a basis to develop the County’s Capital Improvements Program. To come back to the Board on the consent agenda for approval on December 1. Wayne Cilimberg/David Benish: Proceed as directed. 29. Rural Areas Comprehensive Plan Amendment (CPA-2003-06). • HELD. Requested proposed changes be incorporated into an updated draft Plan for the Board’s final review prior to scheduling a public hearing. To come back to the Board on December 1. Wayne Cilimberg/David Benish: Proceed as directed. 31. From the Board: Matters Not Listed on the Agenda. Sally Thomas: • There will be an Apple Harvest Festival at the Cove Garden Ruritan Club, located on Route 29 South, Saturday, November 6, from 10:00 a.m. until 5:00 p.m. 32. Adjourn to November 10, 2004, 4:00 P.M. • At 6:00 p.m., the Board adjourned until November 10, 4:00 p.m., for work session. /ewc Attachment 1 – Proclamation – Kim Severson and “Dan” Attachment 2 – Resolution – Sunflower Fields Drive in Blue Hills Subdivision Attachment 3 – Appeal: ARB -2004-057. Kia Signs, Conditions 5 Attachment 4 – Conditions of Approval for Planning items. Attachment 5 – Ordinance – A/F District 6 ATTACHMENT 1 On behalf of local government and the citizens of the County of Albemarle, Virginia, the Albemarle County Board of Supervisors would like to honor and recognize Kim Severson, Linda Wachtmeister and Winsome Adante “Dan” for their outstanding efforts in bringing an Olympic Individual Silver Medal and a Team Bronze Medal home to the United States and to Albemarle County. Kim Severson trains out of Plain Dealing Farm in Scottsville, Virginia, and works for Linda Wachtmeister, the owner of Dan; Kim won an individual Silver Medal and a team Bronze Medal in the Equestrian event at the 2004 Summer Olympic Games in Athens, Greece. Both Kim and Dan had to recover from major injury and illness to compete in the Athens’ Olympics. Kim, Linda and Dan have brought great attention and respect to Equestrian events locally, nationally and internationally as a result of their success prior to the Olympics, and at the Olympics Games. On behalf of our entire community, it is with great pride and appreciation that the Board of Supervisors commends Kim, Linda and Dan for their achievements and for the honor they have brought to our County with their performance. We extend our appreciation to everyone on Plain Dealing Farm, including the farm manager and grooms, who comprise the team that supports Kim and Dan. We also recognize the many workers employed in a variety of facets in the equine industry in our community whose hard work and dedication makes possible the success of Dan and the many other outstanding horses that call our area home. Signed and sealed this 3rd day of November, 2004. 7 ATTACHMENT 2 The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 3rd day of November 2004, adopted the following resolution: R E S O L U T I O N WHEREAS, the street(s) in Blue Hills Subdivision, described on the attached Additions Form SR-5(A) dated November 3, 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(s) 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 road(s) in Blue Hills Subdivision, as described on the attached Additions Form SR-5(A) dated November 3, 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. 8. * * * * The road(s) described on Additions Form SR-5(A) is: 1) Sunflower Fields Drive (State Route 1760) from Route 743 to the cul-de-sac, as shown on plat recorded 11/04/2003 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2429, pages 396-404, with a 40-foot right-of-way width, for a length of 0.23 mile. Total Mileage – 0.23 mile. 8 ATTACHMENT 3 Agenda Item No. 11. 10:50 a.m. – Appeal: ARB-2004-057. Kia Signs, Tax Map 78, Parcel 9. 1. Revise the Price cabinet sign to individual channel letters mounted to the wall. 2. Revise the designs of the cabinet signs for the Kia wall sign, the Parts and Service wall sign, and the freestanding sign, to indicate opaque backgrounds and non-illuminated rings. 3. Revise the Price sign location to be centered over the door, with a maximum letter height of eighteen (18) inches. 4. Revise the Parts & Service wall sign location to be centered over the door. 5. Revise the sketch plan to show a freestanding sign size that is coordinated with the sign size shown on the design drawings. Show that the sign will fit between the five (5) foot setback and the edge of the landscape bed. Show the five (5) foot setback measured from the property line. 6. Regarding the freestanding sign, remove the ten (10) foot base. Provide a brick base that matches the brick of the building and that is proportional to the cabinet, that fits within the setback, and that is in conformance with Drawing A presented at the meeting on November 3, 2004. Brick used in the base may be rounded at the corners. 7. The Kia wall sign approval is based on the drawing with the dimensions, not the photo display. 8. The box sign for the Kia wall sign is acceptable if there is three (3) inches of clear space above and below it. 9 ATTACHMENT 4 CONDITIONS OF APPROVAL Agenda Item No. 22. SP-2003-084. Dennis Enterprises - Rio Rd (Sign # 55). Request to allow car dealership in accord w/ Secs 22.2.2.8 & 30.6.3.2.b of the Zoning Ord. TM 45, Ps 100, 101 & 101B, contains 2.54 acs. Znd C-1 & EC. Loc Rt 631 (W Rio Rd), approx 250 ft E of intersec of Rio Rd & Berkmar Dr on N side of the street. Rio Dist. (Deferred from September 8, 2004) 1. The site shall be developed in general accord with the concept plan entitled, Application Plan for Dennis Enterprises – Rio Road, dated 7/24/04 and the elevation and section dated 7/24/04; 2. Vehicles parked or displayed outdoors shall not be elevated anywhere on site (through the use of racks or other lift devices); 3. Vehicles shall be displayed only in areas as per the elevation and section dated 7/24/04; 4. Between the building and Rio Road West, there shall not be more than two rows of vehicles. One (1) row shall be used for display vehicles; the other row shall be used for customer parking. The intermittent, incidental parking of customer vehicles in the display vehicle row shall not be a violation of this condition; 5. All building and sight lighting shall be full cutoff, regardless of lumens. Light levels shall not exceed 30.0 footcandles anywhere on site. All site lighting shall be turned off no later than 9:00 p.m., with the exception of the security lighting; 6. The site shall be landscaped to limit the visibility of vehicles, to the satisfaction of the Architectural Review Board; 7. If the existing large shade trees identified on the plans entitled, Application Plan for Dennis Enterprises – Rio Road, dated 7/24/04, are removed, alternative landscaping shall be provided, to the satisfaction of the Architectural Review Board; 8. All building and sight lighting shall be full cutoff, regardless of lumens. Light levels shall not exceed 30.0 footcandles anywhere on site. All site lighting shall be turned off no later than 9:00 p.m., with the exception of the security lighting; 9. Display vehicles shall not display signage, flags, balloons, or other similar items; 10. Spaces for display vehicles shall measure nine (9) foot by eighteen (18) foot and shall be striped. Display vehicles shall be parked in striped display spaces only; and 11. Tractor trailers shall not be permitted to make deliveries to the site. No tractor trailer related to this use shall be parked on site or on any adjacent right-of-way. ______________________ Agenda Item No. 25. SP-2004-0046. Lighthouse Worship Center Inc. (Sign #82). Public hearing on a request to allow church expansion in accord w/Sec 13.2.2.10 of the Zoning Ord which allows for churches in R-1 dist. TM 32, P 36E contains 2.217 acs. Znd R-1. Loc at 3349 Worth Crossing. Rivanna Dist. 1. The improvements and the scale and location of the improvements shall be developed in general accord with the concept plan dated November 4, 2003; 2. The size of the proposed building will be no larger than fifty (50) feet by one hundred (100) feet; and 3. There shall be no daycare center or private school on site without approval of a separate special use permit. 10 11 ATTACHMENT 5 ORDINANCE NO. 04-3(3) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 3, AGRICULTURAL AND FORESTAL DISTRICTS, ARTICLE II, DISTRICTS OF STATEWIDE SIGNIFICANCE, DIVISION 2, 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 Chapter 3, Agricultural and Forestal Districts, Article II, Districts of Statewide Significance, Division 2, Districts, of the Code of the County of Albemarle, Virginia, is hereby amended and reordained as follows: By Amending: Section 3-219 Keswick Agricultural and Forestal District Section 3-220 Kinloch Agricultural and Forestal District CHAPTER 3. AGRICULATURAL AND FORESTAL DISTRICTS ARTICLE II. DISTRICTS OF STATEWIDE SIGNIFICANCE DIVISION 2. DISTRICTS Sec. 3-219 Keswick Agricultural and Forestal District. The district known as the "Keswick Agricultural and Forestal District" consists of the following described properties: Tax map 63, parcels 39, 39A, 39B, 40, 42A; tax map 64, parcels 5, 7, 7A, 8, 8A, 9, 10 10A, 10B, 10C, 10D, 11 12, 13, 13A, 14; tax map 65, parcel 13; tax map 79, parcel 46; tax map 80, parcels 1, 2, 2A, 3A, 3A1, 3G, 3H, 3I, 4, 61D, 88, 114A, 115, 164, 169, 169A, 169C, 169C1, 174, 176, 176A, 182, 182A, 183, 183A, 190, 192, 194; tax map 81, parcels 1, 8A, 15A6, 15B, 63. This district, created on September 3, 1986 for not more than ten years and last reviewed on November 3, 2004, shall next be reviewed prior to November 3, 2014. (10-12-94; 4-12-95; 8-13-97; Code 1988, § 2.1-4(e); Ord. 98-A(1), 8-5-98; Ord. 04-3(3), 11-3-04) Sec. 3-220 Kinloch Agricultural and Forestal District. The district known as the "Kinloch Agricultural and Forestal District" consists of the following described properties: Tax map 65, parcels 7, 7A, 8, 84A, 86, 89, 90, 91, 91A, 92, 93A, 93A1, 94, 94A, 95, 95A, 100, 121; tax map 66, parcels 2, 3C, 10G1, 32, 32D, 32E, 34 (Albemarle part only), 34B. This district, created on September 3, 1986 for not more than 10 years and last reviewed on November 3, 2004, shall next be reviewed prior to November 3, 2014. (11-17-93; 10-12- 94; Code 1988, § 2.1-4(f); Ord. 98-A(1), 8-5-98; Ord. 00-3(3), 9-13-00; Ord. 04-3(3), 11-3-04)