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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)
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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.
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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
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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.
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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
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Attachment 4 – Conditions of Approval for Planning items.
Attachment 5 – Ordinance – A/F District
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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.
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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.
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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.
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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.
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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)