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ACTIONS
Board of Supervisors Meeting of April 6, 2005
April 7, 2005
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
· Meeting was called to order at 9:04 a.m. by the
Chairman, Mr. Rooker. All BOS members were
present. Also present were Bob Tucker, Larry
Davis, and Debi Moyers .
4. From the Public: Matters Not Listed on the Agenda.
· Cate Wyatt spoke about Journey Through
Hallowed Ground, an initiative celebrating this
area’s heritage, which began in 1996. She
asked that she be allowed to make a more
thorough presentation to the Board at a future
date.
· John B. Gregg, Branchlands member of
Hillsdale Drive Extension Steering Committee,
urged the Board to vote against building the
Hillsdale Extension.
· Robert Metzger, President of the Brookmill
Association, requested the Board not support
the Hillsdale Extension.
· Jim Hill, President of the Northfield Community
Association, also spoke on the Hillsdale Drive
Extension, and expressed opposition to building
the extension.
· Alexis Echols, a resident of Brookmill, spoke in
opposition to the extension of Hillsdale Drive.
· Neil Williamson from Free Enterprise Forum
thanked the Supervisors for engaging
community groups in the proposed Subdivision
Text Amendment. He encourage d the Board to
work with the community groups and draft an
ordinance that everyone can support.
Clerk: Schedule on future agenda.
5. Boards and Commissions Certificate of
Appreciation.
· Chairman PRESENTED certificate to
Christopher Lee formally of the Public
Recreational Facilities Authority.
6.2 Proclamation recognizing April 2005 as Fair
Housing Month.
· Chairman PRESENTED.
(Attachment 1)
7. Board to Board Presentation, School Board
Chairman.
· REMOVED from agenda.
8a. Presentation: Hillsdale Drive Extension Locator
Study.
· ADOPTED, by a vote of 5:1, the attached
resolution supporting Alternative C with addition
of condition #9. “Every effort should be made by
the City of Charlottesville to continue network
and interchange improvement s south of
Hydraulic Road ” and condition #10. “Every
ef fort should be made to complete the Meadow
Creek Parkway prior to completion of this
Clerk: Forward resolution to Juan Wade and
copy to City Council.
(Attachment 2)
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project”.
8b. Transportation Matters not Listed on the Agenda.
Jim Utterback:
· Brought attention to the new format of the
VDOT monthly report.
· The guardrail on Dry Bridge Road should be
installed sometime after the week of April 11th.
· The District office received the right -of-way files
from the County on the Georgetown Road
Project and they ha ve been incorporated into
the digital aerial photography. VDOT is now
looking at putting in the recommendations from
the 1994 Steering Committee. Once VDOT
gets to that point, will look at trying to set up an
informational meeting. They should have
something in the next month or two. Mr.
Rooker stated that VDOT has not
reprogrammed the funds from Old Ivy Road to
the Georgetown Road Project. Mr. Utterback
said he will follow-up on that.
· Said Southern Parkway is moving forward
based on the discussions an d meetings he has
had with the Local Assistance Division. He will
update the status again next month.
· VDOT received the proffers for North Point e
and met with County staff.
· Traffic study requested on Rio Road and
Dunlora Subdivision is not final. He has talked
with the Traffic Engineer and it does not look
like a traffic signal is warranted right now but he
has not received the final report .
· Regarding the request from Mr. Wyant about
water on Albemarle Lake Road, the ditches
were cleaned and shoulders cut.
· VDOT took a look at Crozet Shopping Center
but have not found the water problem
mentioned at the March 2nd meeting. Will
continue to keep an eye on that situation.
· VDOT has added some stone at the west
entrance on Mt. Moriah Church.
· VDOT still looking at the intersection of Route
614 and Garth Road.
· At the March 2nd meeting, there was a
discussion about changing the wording on the
Mint Springs Valley Park sign. It was changed
by VDOT but not exactly as the Board
requested. Board members said they did not
have a problem with the new sign.
· “Park ing by Permit Only” signs were installed
March 11th on the land VDOT owns at the I-
64/Ivy Interchange.
· Talked to the Traffic Engineer about the
entrance to Brownsville School at night. Will
need to work with the County to address the
lighting issue. Mr. Wyant suggested looking at
striping.
· Work on Blenheim Road is scheduled to be
completed later this spring.
Clerk: Forward comments to VDOT.
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· Curve warning signs were installed on Route
743 March 9th. VDOT Traffic Engineer said
accident dat a did not support reducing the
speed at this time.
· Updated the Board on the Route 640 project in
Albemarle and Greene Counties . The bids
were over $300,000 higher than VDOT
engineers estimated. VDOT is going back to
look at other options for the project.
· Provided update on slurry applications .
David Wyant:
· Asked for a status report on Via Lane and
Mosby and Old Trail Bridges.
· Requested someone take a look at sight
distances at the Meadows.
· Asked VDOT to install some signage coming
into Crozet (what he calls Buck Mountain Road)
indicating a dangerous curve.
Sally Thomas:
· Mentioned that residents have expressed an
interest in designating Plank Road as a Virginia
Scenic Highway.
· Asked if staff received a letter from CATEC
regarding the Meadow Creek Park way. Mr.
Rooker commented that VDOT design staff
addressed most of those issues several weeks
ago with City and VDOT staff. Mr. Rooker
asked that Mr. Utterback get a copy of the
letter.
· Asked what Greene County was
commemorating with Emily Couric Markers.
Mr. Utterback stated they wanted to dedicate a
bridge to her.
David Bowerman:
· Asked that the pothole crew be sent out to
Westmoreland Road/Old Brook Road.
Ken Boyd:
· Thanked VDOT for installing the guardrail on
Route 20 North just past Darden Towe Park .
· Asked if there was anything that would impact
the buildings behind the market on Route
22/250 during the intersection improvements.
Mr. Cilimberg said he is familiar with the plans
and there is nothing that would impact the
buildings that staff is aware of.
Dennis Rooker:
· Said he received a copy of a letter from the
Town of Scottsville requesting the Board move
forward as soon as possible on improvements
at the Hardware Street /Valley Street and
Warren Street/Valley Street intersections in
Scottsville. Asked about the status of the
project. Mr. Utterback said the project is in the
Six Year Secondary Road Program but very low
on the priority list. VDOT is trying to get it
moved up and money allocated to it.
Clerk: Send copy of CATEC letter to Jim
Utterback at VDOT.
9. Presentation: ArtInPlace Program.
· PRESENTED by Blake Hurt , a representative
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from ArtInPlac e.
10. Albemarle Firs t Bank -Central Sewage System
Request, Appeal of Planning Commissions
decision.
· APPROVED, by a vote of 5:1, to find the
request consistent with the C omprehensive
Plan.
David Benish: Notify applicant.
11. Albemarle First Bank -Cent ral Sewage System
Request.
· APPROVED, by a vote of 6:0, subject to six
conditions .
David Benish: Set out conditions of approval
and notify applicant.
(Attachment 3)
12. FY 2005 Budget Amendment.
· APPROVED FY 2005 Budget Amendment in
the amount of $3,783, 25 3.56.
· APPROVED FY 2005 Appropriations
#2005046, #2005047, #2005049, #2005050,
and #2005051.
Clerk: Forward signed appropriation forms to
Richard Wiggans, OMB and copy appropriate
individuals.
13. Information on State Solicitation Legislation.
· CONSENSUS of Board to pursue
legislation.
County Attorney: Proceed as directed.
14. Closed Session: Personnel and Legal Matters.
· At 11:50 a.m., the Board went into closed
session pursuant to Section 2.2-3711(A) of the
Code of Virginia, under Subsection (1) to
consider appointments to boards , committees,
and commissions .
15. Certified Close Session.
· At 1:55 p.m., the Board reconvened into open
session and certified the closed session.
16a. Vacancies/Appointments.
· No action taken.
16b. Proposed Term Limits.
· DEFERRED until June 1, 2005.
Clerk: Contact Chairs of boards, committees,
and commissions regarding proposed term
limits.
Clerk: Schedule on June 1st agenda.
17. SP-2004-031. Gym at Seminole Place
(Signs#14&15).
· APPROVED SP-2004 -031, by a vote of 6:0,
subject to the five conditions recommended by
staff and the Planning Commission with the
addition of condition #6: “The permit shall
remain valid if the use is commenced within five
years.”
Clerk: Set out conditions of approval.
(Attachment 4)
18. SP-2004-056. Meadowgate Farm Home
Occupation -Class B (Signs #44&53).
· APPROVED SP-2004 -0056, by a vote of 6:0,
subject to the one condition recommended by
the Planning Commission.
Clerk: Set out conditions of approval.
(Attachment 4)
19. SP-2004-059. Toad Hollow Farm Horse Show (Sign
#30).
· APPROVED SP-2004 -059, by a vote of 6:0,
subject to the eight conditions recommended by
the Planning Commission with condition #8
being modified (changed from 3 events to 4).
Clerk: Set out conditions of approval.
(Attachment 4)
20. From the Board: Matters Not Listed on the Agenda.
Sally Thomas:
· Commented on the April 18th water meeting
with State and Federal regulators. Indicated
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that she and Mr. Wyant have been working on a
list of questions to be addressed. Mr. Rook er
said he has provided Tom Frederick with his list
of questions.
· Offered motion which was seconded by Mr.
Boyd that the Chairman request City Council
and the Rivanna Water and Sewer Authority to
remove the settlement condition for the Ivy
Landfill regar ding opposition to permits sought
by Rivanna in reference to cell #4. Motion
PASSED by a vote of 6:0.
Ken Boyd:
· Discussed the restructuring of the Rivanna
Water Sewer Authority Board. CONSENSUS of
the Board that Mr. Tucker talks with Gary
O’Conn ell, City Manager, about restructuring of
RWSA. Ms. Thomas said she would contact
Liz Palmer of the League of Women Voters , to
provide Board members with a copy of the
Darden Study Report prior to Board meeting.
Lindsay Dorrier:
· Members of the Historic Preservation
Committee fe el they need more direction from
the Board. CONSENSUS that the committee
makes a presentation to the Board along with a
presentation from Cate Wyatt.
· Mentioned that the Lewis & Clarke celebration
is this year.
Dennis Rooker:
· Meeting on Meadow Creek Parkway with
Commissioner of Transportation and VDOT
representatives has been moved to April 18th at
9 a.m. Originally scheduled to be held in
Room 235, but may be at COB-South. Mr.
Tucker will send an email on the location.
Larry Davis:
· Reminded Board members that if more than
two participate in the Meadow Creek meeting or
the meeting with regulators on April 18th, the
Board will need to adjourn to the meeting date,
time and place at tonight’s meeting.
Clerk: Schedule League of Women Voters on
future agenda.
Clerk: Schedule Cate Wyatt of Hallowed
Ground and Chairman of Historic Preservation
Committee on a future agenda.
· The Board recessed at 2:45 p.m.
· The Board was called back to order at 6:08 p.m. by
the Chairman.
21. Public Hearing to receive comments on Proposed
Operating and Capital Budgets for FY 2005/2006.
· HELD the public hearing. Mr. Rooker stated
the Board will be meeting again April 20th, 6:00
p.m. in Room 241 to vote on the budget and tax
rate.
22. Public Hearing on Proposed FY 2005 Tax Rate.
· HELD the public hearing.
· Motion was offered Mr. Boyd, second by Mr.
Wyant to reduce the tax to .72 cents per $100.
Motion FAILED by a vote of 4:2.
23. Adjourn to April 18, 2005, 10:30 a.m., COB-5th
Street.
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· The meeting was adjourned at 8:33 p.m.
/djm
Attachment 1 – Proclamation recognizing April 2005 as Fair Housing Month.
Attachment 2 – Resolution to Approve Alternative C For Hillsdale Drive Extension
Attachment 3 – Albemarle Firs t Bank -Central Sewage System Request
Attachment 4 – Conditions of Approval – SP-2004 -031, SP-2004 -056, and SP-2004 -059
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ATTACHMENT 1
FAIR HOUSING MONTH
WHEREAS, April 2005, marks the thirty-seventh anni versary of the passage of the Fair Housing Act of
1968, which sought to eliminate discrimination in housing opportunities and to
affirmatively further housing choices for all Americans; and
WHEREAS, the ongoing struggle for dignity and housing opportunit y for all is not the exclusive
province of the Federal government; and
WHEREAS, vigorous local efforts to combat discrimination can be as effective, if not more so, than
Federal efforts; and
WHEREAS, illegal barriers to equal opportunity in housing, no matter how subtle, diminish the rights
of all;
NOW, THEREFORE, BE IT RESOLVED,
that in the pursuit of the shared goal and responsibility of providing equal housing
opportunities for all men and women, the Board of County Supervisors of Albemarle
Cou nty, Virginia, does hereby join in the national celebration by proclaiming
APRIL, 2005
as
FAIR HOUSING MONTH
and encourages all agencies, institutions and individuals, public and private, in Albemarle
County to abide by the letter and the spirit of the Fair Housing law.
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ATTACHMENT 2
RESOLUTION TO APPROVE
ALTERNATIVE C FOR
HILLSDALE DRIVE EXTENSION
WHEREAS, a Location Public Hearing was conducted on November 4, 2004 in the City of
Charlottesville by representatives of the City of Charlottesville, County of Albemarle, the Steering
Committee, and the Commonwealth of Virginia Department of Transportation after due and proper notice
for the purpose of considering the proposed location of the Hillsdale Drive Extension Projec t U000-104-
119, PE101, R201, C501 in Albemarle County and the City of Charlottesville, at which hearing aerial
photographs, drawings and other pertinent information were made available for public inspection in
accordance with state and federal requirements; and
WHEREAS, all persons and parties in attendance were afforded full opportunity to participate in
said hearing; and
WHEREAS, representatives of the County of Albemarle were present and participated in said
hearing; and
WHEREAS, the Board has previously requested the Virginia Department of Transportation to
program this project; and
WHEREAS, the Board considered all such matters;
NOW , THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
approves the location of the proposed project under the “Alternative C” alignment as presented at the
Public Hearing subject to the following conditions :
1. The safety of those working and living in, using the services of and traveling through the area are
of the utmost importance and des ign features incorporated into the roadway must enhance and
promote its function as a local, low speed (posted a 25 mph) road which is user friendly to
motorists, pedestrians, bicyclist and transit as well as those using other modes of mobility.
2. A community workshop program must be developed by the Steering Committee so the citizens of
the area have the opportunity to provide input about the project and to comment on design
features.
3. Any loss in the number of parking spaces presently existing in the vicinity of the Senior Center,
Jordan Building, Laurels, or Pepsi Plant, or on the street at Pepsi Place must be replaced in any
build alternative.
4. Sidewalks and bike/multi-use trails will be provided throughout the project and should connect
with and include safety features similar to those being implemented on Hillsdale Drive north of its
intersection with Greenbrier Drive.
5. The possibility of separated bike paths/multi-use trails and/or alternative-vehicle paths should be
thoroughly investigated, particularly in the area east of the Senior Center, the Jordan Building and
the Pepsi Plant.
6. Traffic calming and traffic control features should be incorporated into the design to promote a
safe, low speed facility and encourage its use as a local road and not as a by pass to Route 29.
7. Design features such as landscape/streetscape, lighting, etc. that will promote the Route
29/H/250 Phase 2 Report vision for the area should be utilized where feasible.
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8. Every effort should be made to protect the view shed, watershed and natural features of the
impacted area (including the Rivanna Trail) as part of the design and construction of any build
alternative.
9. Every effort should be made by the City of Charlottesville to continue network and interchange
improvement s south of Hydraulic Road.
10. Every effort should be made to complete the Meadow Creek Parkway prior to completion of this
project.
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ATTACHMENT 3
Albemarle First Bank -Central Sewage System
1. Virginia Department of Health approval for the construction and the operation of the pump
and sewerage system modifications prior to the Zoning Administrator approval of any building
permit and/or zoning clearance for the subject property.
2. Virginia Department of Health confirmation that the total sewerage flow to the system will not
exceed the capacity of the three septic fields prior to the Zoning Administrator approval of any
building permit and/or zoning clearance for the subject property. The three (3) septic fields
are currently rated by VDH at 630 gpd, 500 gpd and 500 gpd for a total of one thousand six
hundred thirty (1630 ) gallons per day.
3. Virginia Department of Health approval of “inspection ports” installed on the existing septic
tanks serving the Tea Room/Restaurant buildin g (per 12VAC5-610 -817.B.), prior to the
Zoning Administrator approval of any building permit and/or zoning clearance for the subject
property
4. Annual inspection of the septic tanks by a septic system maintenance professional,
possessing a valid “sewage ha ndling” permit issued by the Virginia Department of Health, for
the accumulation of solids and the need for pumping and cleaning. This professional shall
submit an inspection report to the County Engineer addressing the amount of accumulated
solids found in the tanks; the general condition of the tanks, lines, and pumping system; and
recommendations for ongoing maintenance of the system to assure its continued operation.
5. Pumping and cleaning of the septic tanks at least every five (5) years or more frequ ently as
determined necessary by the septic system maintenance professional and/or the County
Engineer based on the annual inspections noted in condition #4 above. The owner shall
provide documentation of the completed maintenance to the County Engineer and Zoning
Administrator.
6. The system shall be limited to no more than five (5) users.
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ATTACHMENT 4
SP-2004-031. Gym at Seminole Place (Signs #14&15). Public hearing on a request to allow
establishment of indoor gym in accord w/Sec 27.2.2(15) of the Zoning Ord, which allows for indoor
athletic facilities in LI Dist. TM 61W Sec 3, P 18 contains 25.4 acs. Znd LI & EC. Loc on S side of
Greenbrier Dr (Rt 866) in former Comdial bldg, on W side of Seminole Trail (Rt 29 N). Rio Dist.
1. This Special Use Permit (SP 2004-031) for an indoor athletic facility is granted for up to sixty
thousand (60,000) square feet of area within the existing physical building itself and not simply
the footprint of the building. Any enlargement of the area of use beyond the sixty thousand
(60,000 ) square feet will require amendment of this Special Permit;
2. The indoor athletic facility shall have no more than three thousand five hundred (3500 ) members;
3. Pedestrian access shall be provided along at least one (1) side of the existing entrance road from
Greenbrier Drive to the site, as shown on the attached concept plan submitted as part of the
Special Use Permit application (dated September 3, 2004, revised March 24, 2005 and initialed
by TRS). The pedestrian path shall consist of striping of a pedestrian way on the street or
shoulder of the existing entrance road, if approved by VDOT, or a concrete or asphalt path
meeting the standards in the Design Standards manual. The pedestrian path shall be in place
prior to the issuance of a Certificate of Occupancy for the indoor athletic facility;
4. The existing driveway access to the site from Commonwealth Drive shall be upgraded as
necessary to accommodate two-way traffic, to the satisfaction of the County Engineer;
5. The gated access to the site from Commonwealth Drive shall remain open during all hours the
indoor athletic facility is open for business; and
6. The permit shall remain valid if the use is commenced within five (5) years.
__________
SP-2004-056. Meadowgate Farm Home Occupation–Class B (Signs #44&53). Public hearing
on a request to allow Home Occupation Class B w/up to 2 employees for an office, in accord w/Sec
10.2.2.31 of the Zoning Ord, which allows for Home Occupations Class B. TM 120, P 22, contains 109
acs. Znd RA. Lloc at 7060 Esmont Farm, approx .20 miles from intersec of Esmont Rd (Rt 715) and
Alberene Rd (Rt 719). Scottsville Dist.
1. No accessory structures shall be used for this home occupation.
__________
SP-2004-059. Toad Hollow Farm Horse Show (Sign #30). Public hearing on a request for
horse show grounds, permanent, in accord w/Sec 10.2.2.12 of the Zoning Ord which allows for horse
show grounds, permanent in the RA by SUP. TM 41, P 15A, contains approx 36 acs. Loc at 4333
Cannon Brook Way, on E side of Browns Gap Turnpike (Rt 680), approx 2 mls S of White Hall. Znd RA.
White Hall Dist.
1. The horse show use shall be conducted in general accord with the concept plan, titled “Toad
Hollow Farm” and labeled as “Attachment B”;
2. There shall be no outdoor amplified sound system for events;
3. There shall be no overnight camping;
4. All exterior light fixtures shall be full cutoff luminaries and fully shielded and arranged or directed
to reflect light away from adjoining properties and away from adjacent roads;
5. Prior to the issuance of a Zoning Clearance for the horse show use, the applicant shall provide
sight distance at Cannon Brook Way and Route 680 (Browns Gap Turnpike) to the satisfaction of
the Virgini a Department of Transportation;
6. Subject to the approval of the County Engineer, prior to the issuance of a Zoning Clearance for
the horse show use and to provide safe and convenient access to the site, the applicant shall
provide a minimum of two (2) gravel pull-offs along Cannon Brook Way to allow two (2) vehicles
to pass safely. The applicant shall also provide two (2) DO NOT ENTER signs and one (1) ONE
WAY sign placed at locations specified by the C ounty Engineer along Cannon Brook Way;
7. The number of horse show events shall be limited to six (6) per year. The maximum number of
participants and attendees at any single event shall be eighty (80 ); and
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8. The number of events, other than horse show events, shall be limited to four (4) per year and the
maximum number of participants and attendees at any single event shall be limited to forty (40 ).
These events shall not utilize the pastures for parking.