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ACTIONS
Board of Supervisors Meeting of December 12, 2012
December 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 and Travis Morris.
4. Adoption of Final Agenda.
ACCEPTED final agenda.
5. Brief Announcements by Board Members.
Ann Mallek
Announced that she had attended a roundtable
with Bed and Breakfast operators of the
County and said that there is a growing
number of unlicensed, uninsured, and
uninspected rentals that are happening
through the internet and asked Board
members to think about how to address the
issue.
Announced that she had attended a concert at
the Crozet School of Arts on December 8,
2012 and passed around the concert program.
6. Recognitions.
a. Reaccreditation Certificate – Emergency
Communications Center.
Assistant County Executive, Brian Elliott
introduced Maya Mitchell, CALEA Regional
Program Manager.
Maya Mitchell presented ECC Executive
Director, Tom Hanson with CALEA
reaccreditation certificate.
7. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
The following individuals spoke in opposition to the
proposed firearms training facility:
Laurel Davis
Sophia Davis
Mary Margaret Frank a member of School
Divisions’ Redistricting and Financial Advisory
Committees asked the Board to fund education
in the designated growth areas and spoke on
the Board’s decision to reject the school
divisions 2% to 4% reserve.
Nancy Carpenter spoke on the need for more
affordable housing in Albemarle County.
Charles Battig spoke on the Albemarle County
Land Use Law and the definition of “A
comprehensive plan”.
Jacob Bailey, a Monticello High School student
who spoke in opposition to the Route 29
Western Bypass.
Kai Poindexter, Johnathan Vandick, Kevin
Trager and Virginia Carole, students at
Monticello High School spoke on the Rivanna
Pump Station and its cost sharing agreement
with the City of Charlottesville.
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Randy Layman former owner of Layman’s
Disposal Service, addressed the Board and
spoke on the potential closure of the Ivy
Landfill.
Karen Rubendall, a mother of two Crozet
Elementary School students, addressed the
Board and expressed her concerns on School
Division proposals in the CIP.
8.1
Consider Resolution to Dissolve the Charlottesville/
Albemarle Commission on Children and Families
(CCF) Agreement.
ADOPTED resolution dissolving CCF effective
December 31, 2012.
Clerk: Forward copy of signed resolution to
Department of Social Services and County
Attorney’s office. (Attachment 1)
8.2 Fiscal Year 2013 County of Albemarle &
State Health Department Local Government
Agreement.
APPROVED the FY2013 County of Albemarle
& State Health Department Local Government
Agreement and AUTHORIZED the County
Executive to execute the agreement.
County Executive/County Attorney: Provide
Clerk’s office with copy of signed agreement.
8.3 SDP-2012-030. Estes Park Site Plan – Variations
from ZMA-2010-011.
By a vote of 5:1 (Rooker abstained),
APPROVED variations #1, #2 and #3.
Set out variations. (Attachment 2)
8.4 Resolution to accept Library Avenue (new Route
867) into the Secondary System of State
Highways.
ADOPTED resolution.
Clerk: Forward copy of signed resolution to
Jack Kelsey.
(Attachment 3)
9. SP-2012-00011. Four Seasons Learning Center
(Signs #88&93).
By a vote of 5:1 (Mallek), APPROVED SP-
2012-11 Four Seasons Learning Center with
conditions as recommended by staff.
Clerk: Set out conditions of approval.
(Attachment 4)
10. ZMA-2012-00008. Estes Park- Proffer
Amendment (Sign #56).
By a vote of 5:1 (Rooker abstained),
APPROVED ZMA2012-008 Estes Park subject
to the proffers dated December 7, 2012 (and
signed December 12, 2012) as recommended
by staff.
Set out proffers. (Attachment 5)
11. From the Board: Committee Reports and Matters
Not Listed on the Agenda.
Rodney Thomas:
Announced that the County is still having
difficulties with noise at Rockydale Quarries
and staff is working on a solution to bring to the
Board for consideration.
Dennis Rooker:
Announced that there is a concert on the
Sundance channel to help benefit Hurricane
Sandy victims.
12. From the County Executive: Report on Matters
Not Listed on the Agenda.
There were none.
13. Adjourn to December 13, 2012 at 3:30 p.m., Room
241.
At 7:19 p.m., the Board adjourned until
December 13, 2012.
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Attachment 1 – Resolution to Dissolve the Charlottesville/ Albemarle Commission on Children and Families
(CCF) Agreement
Attachment 2 – SDP-2012-030. Estes Park Site Plan – Variations from ZMA-2010-011
Attachment 3 – Resolution to accept Library Avenue (new Route 867) into the Secondary System of State
Highways
Attachment 4 – Conditions of Approval - SP-2012-00011. Four Seasons Learning Center
Attachment 5 – ZMA-2012-00008. Estes Park- Proffer Amendment
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ATTACHMENT 1
RESOLUTION
DISSOLVING THE COMMISSION ON CHILDREN AND FAMILIES (CCF)
WHEREAS, the County of Albemarle and City of Charlottesville jointly created the Commission on
Children and Families (CCF) in 1997 for the purpose of improving services to children, youth and families in
the community and meeting the requirements of the Comprehensive Services Act for at Risk Youth and
Families pursuant to Virginia Code Section 2.2-5200; and
WHEREAS, the County and City subsequently amended the CCF agreement in 2010, removing the
statutory duties set forth under Virginia Code Section 2.2-5200 et seq. and returning those duties to the
respective jurisdictions; and
WHEREAS, the County, through approval of its FY 13-17 Five Year Financial Plan on December
14, 2011, indicated that it would no longer financially support CCF as of July 1, 2013; and
WHEREAS, although the Commission has undertaken many noteworthy planning efforts during the
past fifteen years, other agencies are now successfully undertaking those programing efforts; and
WHEREAS, County and City staff recommend that the Commission be dissolved and that it cease
operations effective December 31, 2012, and that the current employee of CCF be transitioned to the City’s
Department of Humans Services to aid in the delivery of services specifically addressing identified social
issues within the City of Charlottesville; and
WHEREAS, as fiscal agent for the CCF, the County holds the unexpended funds contributed by the
City to fund CCF, which shall be returned to the City; and
WHEREAS, the Charlottesville City Council, on December 3, 2012, adopted a resolution to dissolve
the CCF effective December 31, 2012, contingent on like action being taken by the Albemarle County Board
of Supervisors.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors
concurrently joins with the City of Charlottesville to dissolve the Commission on Children and Families
effective December 31, 2012, and authorizes the County Executive to execute any necessary documents
required to finalize the dissolution of the Commission on Children and Families, and to return any
unexpended funds contributed by the City of Charlottesville to the City.
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ATTACHMENT 2
VARIATION #1:
To increase the road width by one (1) foot and allow on street parking on one side only.
VARIATION #2:
To revise the unit type from attached single family residential to detached single family residential.
VARIATION #3:
To shift the location of the connection to Moubry Lane.
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ATTACHMENT 3
The Board of Supervisors of Albemarle County, in regular meeting on the 12th day of December,
2012, adopted the following:
RESOLUTION
WHEREAS, the Charlottesville Residency Office of the Virginia Department of Transportation
recommends that the street(s) referenced in this Board’s resolution be added to the secondary system of
state highways as a no cost rural addition pursuant to Section 33.1-229 and Commonwealth Transportation
Board policy, because the street(s) meets current minimum standards, the condition of the existing hard
surface is serviceable, the street(s) has provided continuous public service since its establishment in
November, 2012 and currently serves Crozet Library and eight commercial buildings (or identified,
government constructed, public facility).
WHEREAS, the Charlottesville Residency Office of the Virginia Department of Transportation
confirms that no Department funds are required to improve the street(s) de scribed on the attached additions
form AM-4.3 to meet current minimum design or maintenance standards of the Department.
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of
Transportation to add the street(s) described on the a ttached additions form AM-4.3 to the secondary
system of state highways, pursuant to Section 33.1-229, Code of Virginia and the Rural Addition Policy of
the Commonwealth Transportation Board of the Virginia Department of Transportation.
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right of way, as
described on the attached form AM-4.3, and any necessary easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident
Engineer of the Virginia Department of Transportation.
The road(s) described on Additions Form AM-4.3 is:
1) Library Avenue (State Route 867) from Route 240 east, as shown on plat recorded the
office the Clerk of Circuit Court of Albemarle County in Deed Book 3955, pages 19-20, with
a 69-foot variable right-of-way width, for a length of 0.07 miles.
Total Mileage – 0.07
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ATTACHMENT 4
Conditions of Approval
1. This permit is approved for an office or nursery school and day-care center. The concurrent use of
the property for a nursery school/day care center and an office use is prohibited; and
2. The site shall be in general conformity with the Minor Site Plan Amendment dated June 26, 2000
prepared by Aubrey Huffman, approved July 18, 2000 by the Department of Planning and
Community Development and later approved by Letter of Revision dated December 5, 2000 with
the exception that thirteen (13) parking spaces are required and are provided on -site and on the
allowable street frontage of the site. There shall be one (1) business sign located as shown on the
Minor Site Plan Amendment which shall not excee d eight (8) square feet in size.
Conditions #3 – #7 below apply to the nursery school and day-care center:
3. On days when any school in Albemarle County, or any adjacent counties, or the City of
Charlottesville is closed to pupils, the number of children occupying the nursery school and day
care center shall not exceed sixty (60) or the number approved by the Department of Social
Services, whichever is less, at any time; on all other days the permitted number of children
occupying the nursery school and day care center shall not exceed fifty four (54) or the number
approved by the Department of Social Services, whichever is less, at an y time;
4. A minimum twenty (20) foot separation between the main building and the property line of TMP
61X1-AA-8 shall be maintained;
5. The concurrent use of the property for a nursery/day care center and a residential use is prohibited;
6. All employees of the day care center, including owners and directors, shall park on -site or in other
off-street spaces approved by the Zoning Administrator; and
7. The maximum number of employees, including owners and directors, on-site during hours of
operation shall be limited to eight (8).
Conditions #8 - #10 below apply to use of facility as offices:
8. The maximum number of employees shall be ten (10);
9. A minimum twenty (20) foot separation between the main building and the property line of TMP
61X1-AA-8 shall be maintained; and
10. The concurrent use of the property for an office and a residential use is prohibited.
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ATTACHMENT 5
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