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HomeMy WebLinkAbout20120912actions 1 ACTIONS Board of Supervisors Meeting of September 12, 2012 September 13, 2012 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to Order.  Meeting was called to order at 6:00 p.m. by the Chair, Ms. Mallek. All BOS members were present. Also present were Tom Foley, Larry Davis, Ella Jordan and Travis Morris. 4. Adoption of Final Agenda.  Ms. Mallek requested to move Agenda Item No. 13 to follow Agenda Item No. 7.  ACCEPTED final agenda, as amended. 5. Brief Announcements by Board Members.  There were none. 6. From the Public: Matters Not Listed for Public Hearing on the Agenda.  Philip Anderson made a presentation on “The Liberty Way”, a system of multiple local transportation modes.  Charles Boldt spoke on the approval at the July 11, 2012, meeting of the special use permit for New Hope Church.  Bill Tunner spoke in opposition to the Firearms Training Facility at the Keene Landfill Site.  Charles Battig made presentation on the Livability Grant.  Carole Thorpe spoke on behalf of the Jefferson Area Tea Party, and asked the Board to adopt the resolution supporting the Eminent Domain bill.  Julia Whiting thanked the Board for voting no to chloramines on July 25, 2012.  Nancy Carpenter thanked the Board for taking a collective step to provide funding for nine homeless individuals to get into The Crossings at 4th and Preston.  Audrey Welborn encouraged the Board to support the Eminent Domain resolution. 7.2 Adopt Resolution Supporting the 2012 Regional Natural Hazard Mitigation Plan.  ADOPTED resolution. Clerk: Forward copy of signed resolution to Tom Hanson. (Attachment 1) 13.  ZTA-2012-00011. Highway Commercial Wall Signs.  By a vote of 6:0, ADOPTED Ordinance No. 12- 18. Clerk: Forward copy of adopted ordinance to County Attorney and Community Development. (Attachment 2) 8. SP-2010-00036. MonU Park (Signs #49&52).  By a vote of 5:1 (Thomas), APPROVED SP- 2010-00036 subject to 12 conditions. Clerk: Set out conditions of approval. (Attachment 3) 9.  ZMA-2011-00010. Albrecht Place (Sign #101).  By a vote of 6:0, APPROVED ZMA-2011- 00010.  By a vote of 6:0, APPROVED the special exception for critical slopes associated with ZMA201100010. 10.  ZMA-2009-00001. 5th Street-Avon Center Clerk: Set out proffers. (Attachment 4) 2 (Signs #2,3&5).  By a vote of 6:0 APPROVED ZMA-2009-0001 as proffered. 11.  SP-2010-000003. 5th Street - Avon Center - Parking Structure (Signs #2,3&5).  By a vote of 6:0, APPROVED SP-2010- 000003 subject to one condition. Clerk: Set out condition of approval. (Attachment 3) 12.  SP-2010-000003. 5th Street - Avon Center. Critical Slopes Waiver.  By a vote of 5:1 (Rooker), APPROVED the special exception to allow the disturbance of critical slopes. 14. Discussion: Resolution in Support of the Commonwealth of Virginia Constitutional Amendment on Eminent Domain.  By a vote of 6:0, ADOPTED resolution. (Attachment 5) 15. From the Board: Committee Reports and Matters Not Listed on the Agenda.  DISCUSSED the use of an InSync Traffic Control Management System for Route 29 North and the possible use of revenue sharing funds. Duane Snow:  By a vote of 6:0, REQUESTED a speed study from Garth Road. Ann Mallek:  By a vote of 6:0, REQUESTED that VDoT add Albemarle County to the list of Counties that receive notification of roads that are being sprayed, along with the number that allows landowners to pull their property out.  Announced that she has received no information from VDoT about the information they gathered on using the chemicals they are spraying and mentioned that VDACS informed her that she needed to file a FOIA to receive the report on the investigation she requested.  Asked about the County’s authority to impose impact fees. Dennis Rooker:  Suggested that Board members read the article titled “Prosperity in Your Area”. Ken Boyd:  Suggested that the County be more proactive with the workforce in what skill sets potential businesses are looking for as they locate to Albemarle County. Christopher Dumler:  By a vote of 6:0, CANCELLED October 10, 2012 night meeting. David Benish: Coordinate with VDoT. County Attorney: Provide information. 16. From the County Executive: Report on Matters Not Listed on the Agenda.  There were none. 17. Adjourn.  At 10:26 p.m., the Board adjourned until to September 21, 2012, at 9:00 a.m., at Woodland Pavilion at Monticello. ewj/tom 3 Attachment 1 – Resolution Supporting the 2012 Regional Natural Hazard Mitigation Plan Attachment 2 – Ordinance - ZTA-2012-00011. Highway Commercial Wall Signs Attachment 3 – Conditions of Approval on Planning items Attachment 4 – Proffers - ZMA-2009-00001. 5th Street-Avon Center Attachment 5 – Resolution in Support of the Commonwealth of Virginia Constitutional Amendment on Eminent Domain 4 ATTACHMENT 1 RESOLUTION ALBEMARLE COUNTY ADOPTION OF THE REGIONAL NATURAL HAZARD MITIGATION PLAN WHEREAS, the Disaster Mitigation Act of 2000, as amended, requires that local governments develop, adopt and update natural hazard mitigation plans in order to receive certain federal assistance; and WHEREAS, the Thomas Jefferson Planning District’s Regional Natural Hazard Mitigation Plan has been prepared in accordance with FEMA requirements at 44C.F.R. 201.6; and WHEREAS, Albemarle County has been involved in the preparation of the Regional Natural Hazard Mitigation Plan through participation on the Working Group, participation in two public workshops, review by the Albemarle-Charlottesville-UVa Local Emergency Planning Committee (LEPC) on two occasions, and final review by staff; and WHEREAS, the Virginia Department of Emergency Management (VDEM) and the Federal Emergency Management Agency (FEMA) have deemed the submitted plan satisfactory with no changes recommended; and WHEREAS, hazard mitigation is essential to protect life and property by reducing the potential for future damages and economic losses resulting from natural disasters. NOW THEREFORE BE IT RESOLVED, the Albemarle County Board of Supervisors does hereby adopt the Regional Natural Hazard Mitigation Plan. 5 ATTACHMENT 2 ORDINANCE NO. 12-18(5) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, 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 18, Zoning, Article II, Basic Regulations, is hereby amended and reordained as follows: By Amending: Sec. 4.15.12 Regulations applicable in the C-1, CO and HC zoning districts Chapter 18. Zoning Article II. Basic Regulations Sec. 4.15.12 Regulations applicable in the C-1, CO and HC zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Commercial (C-1), Commercial Office (CO) and Highway Commercial (HC) zoning districts: Sign Type Number of Signs Allowed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning administrator 24 square feet, aggregated 6 feet 5 feet Freestanding 1 per street frontage, or 2 per entrance, per lot with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved entrance on its frontage 32 square feet, aggregated, plus bonus tenant panels as provided in section 4.15.16(b); if more than 1 sign at an entrance, no single sign shall exceed 16 square feet 12 feet 5 feet Projecting* 1 per street frontage 32 square feet 30 feet, but not to exceed the top of the fascia or mansard Not applicable Temporary 1 per street frontage per establishment 32 square feet 12 feet, if freestanding sign; 30 feet if wall sign, but not to exceed the cornice line 5 feet Wall* As calculated pursuant to section 4.15.20 In the C-1 and CO zoning districts,1.5 square feet per 1 linear foot of establishment structure frontage, not to exceed 100 square feet; in the HC zoning district, 1.5 square feet per 1 linear foot of establishment structure frontage, not to exceed 200 square feet Not to exceed the cornice line Same as that applicable to structure *Each establishment may have both a projecting sign and a wall sign. If the establishment has both such signs, the allowed sign area of the wall sign shall be reduced by the sign ar ea of the projecting sign (which may not exceed thirty-two (32) square feet). (12-10-80; 7-8-92, § 4.15.12.5; Ord. 01-18(3), 5-9-01; Ord. 12-18(2), 3-14-12) State law reference – Va. Code § 15.2-2280. 6 ATTACHMENT 3 Conditions of Approval on Planning Items SP-2010-00036. MonU Park 1. Development of the use shall be in general accord with the conceptual plan entitled “Concept Plan for Special Use Permit Application for MonU Park” prepared by Meridian Planning Group LLC, and dated 04-25-12. To be in general accord with the plan, development shall reflect the following central features essential to the design of the development: a) Number of fields b) Number and location of parking spaces c) Absence of structures Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance. 2. Games and practice sessions shall only be held during the months of March, April, May, June, September, October, and November. In addition, during July and August, no games shall be held, but practice sessions solely for club members are permitted. Portable toilets are permitted on site during all months when soccer activity is permitted. 3. Hours of operation for events on Saturdays and Sundays shall be no earlier than 1 1:00 a.m. and no later than 6:00 p.m. 4. Hours of operation for events Monday through Friday shall be no earlier than 4:00 p.m. and no later than sunset. 5. No overnight parking shall be permitted on the site. The entrance to the property shall be closed by a locked gate when the fields are not in use. 6. No outdoor lighting shall be installed for this use. 7. No artificial irrigation shall be used or installed for the soccer fields. 8. There shall be no temporary or permanent amplified sound system permitted for this use. 9. No fill shall be placed within the portion of the property within the Flood Hazard Overlay District. 10. The driveway and parking area shall be a pervious surface unless otherwise required by the County Engineer pursuant to §4.12.15(a) of the Zoning Ordinance. Upon termination of the soccer-field use, the surfacing of the driveway and parking area shall be removed and the previously-disturbed land surface shall be returned to vegetated cover or an unpaved accessway. 11. A Phase I archaeological survey shall be completed for areas to be graded for this use, followed by appropriate mitigation measures as approved by the Planning Director, prior to issuance of a grading permit. 12. No games or practice sessions shall be held at MonU Park on the same dates that the following tournaments and tryouts are held at the SOCA sports complex on Polo Grounds Road: a) U11/U12 (combined) tryouts and U13/U14 (combined) tryouts, which are currently held at the end of April or during the month of May. b) The Spring recreational tournament, which is currently called the Sunburn and which is currently held on one weekend in June. c) The Labor Day weekend tournament, which is currently called the College Showcase and which is currently held on the Saturday and Sunday of Labor Day weeke nd. d) The Fall recreational tournament, which is currently called the Frostbite and which is typically held on one weekend in late November or early December. This condition shall no longer apply if the Planning Director determines in writing that road improvements or other changes to the existing traffic conditions on Polo Grounds Road, including its intersection at U.S. Route 29, make this condition unnecessary. 7 SP-2010-000003. 5th Street - Avon Center - Parking Structure 1. The special use permit approval shall not expire but shall remain in effect so long as the approval of ZMA-2009-00001 remains in effect. 8 ATTACHMENT 4 9 10 11 12 13 14 15 16 17 18 19 20 21 ATTACHMENT 5 Resolution in Support of the Commonwealth of Virginia Constitutional Amendment on Eminent Domain Whereas, this country was founded on the principal of private property rights and this has become an important aspect of the American dream; and Whereas, the Supreme Court of the United States has indicated that the use of eminent domain laws are a States’ rights issue; and Whereas, the government taking of privately owned property should be limited to the need for public use projects only; and Whereas, citizens should be adequately compensated when their property is taken for gove rnment use including loss of use and/or income; and Whereas, both the House of Delegates and the Senate of the Commonwealth of Virginia has twice passed an amendment to the Constitution of Virginia regarding eminent domain; and Whereas, the constitutional amendment will be on the November 6, 2012 ballot for approval by a majority of voters in Virginia. Now, Therefore Be It Resolved That, the Albemarle County Board of Supervisors does hereby support this constitutional amendment restricting the use of eminent domain in the Commonwealth.