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ACTIONS
Board of Supervisors Meeting of October 9, 2013
October 10, 2013
AGENDA ITEM/ACTION
ASSIGNMENT
PODCAST
1. Call to Order.
Meeting was called to order at 3:35 p.m., by
the Chair, Ms. Mallek. All BOS members were
present (Mr. Craddock arrived at 3:49 p.m.).
Also present were Tom Foley, Larry Davis and
Ella Jordan.
Listen
2. Presentation: Northside Library Schematic
Design.
RECEIVED.
3. Work Session: Solid Waste Convenience
Centers, to include public input and Board
direction.
RECEIVED.
By a vote of 6:0, DIRECTED staff to proceed
with site selection analysis using the map
(Attachment B to staff report) and the selection
criteria provided in the staff report, and to work
directly with the Supervisor in whose district a
site is being considered; and DIRECTED staff
to proceed with the design of a convenience
center at the Keene property, noting that the
initial design cost should not exceed $50,000,
and that staff provide an estimate for
construction to the Board prior to advertising
for bids.
CONSENSUS that staff provides a
communication plan for community
engagement.
CONSENSUS that staff provides information
on the continuation of recycling services at
McIntire.
Mark Graham: Proceed as
directed.
Clerk: Schedule on agenda when
ready to come back to Board.
Listen
4. Work Session: CPA-2013-01. Comprehensive
Plan Update - Natural Resources; Historic,
Cultural, and Scenic Resources; and Economic
Development.
Due to time constraints, this item was deferred
to November.
NonAgenda. At 5:06 p.m., the Board went into
closed meeting pursuant to Section 2.2-3711(A) of
the Code of Virginia, under Subsection (1) and
Subsection (7) to consult with and be briefed by
legal counsel and staff regarding specific legal
matters requiring the provision of legal advice
related to the compensation of specific County
employees.
6:00 P.M. – Regular Night Meeting
5. Call to Order.
Meeting was called to order at 6:18 p.m., by
the Chair, Ms. Mallek.
The Board also reconvened into open meeting
and certified the closed meeting.
Listen
8. Adoption of Final Agenda.
By a vote of 6:0, the Board DEFERRED ZMA-
2012-00003 Out of Bounds, at the request of
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the applicant, to November 13, 2013
contingent upon receipt of final proffers by the
advertising date.
By a vote of 6:0, the Board DEFERRED ZMA-
2013-00003 1306 Crozet Avenue, at the
request of the applicant, to November 13, 2013
contingent upon receipt of final proffers by the
advertising date.
ACCEPTED the final agenda.
9. Brief Announcements by Board Members.
Dennis Rooker:
Recognized Boy Scout Troop #1028 in the
audience who are working on their Citizenship
and Community Merit Badges.
Duane Snow:
Announced that Albemarle received an award
from the Southeast Energy Efficiency Alliance
organization for strategic investment in energy
efficiency.
Mr. Rooker announced that anyone who would
like to have an energy audit of their home can
call LEAP and schedule it.
10.1 Resolution to accept McIntire Road (Route 631)
(Project #104 U000-104-102,C-501) into the State
Secondary System of Highways.
ADOPTED resolution.
Clerk: Forward copy of signed
resolution to Glenn Brooks and
County Attorney. (Attachment 1)
10.2 Church of Our Savior Special Exceptions (Critical
slopes waiver and 20’ Buffer Waiver) associated
with the site plan (SDP-2012-49).
APPROVED critical slopes waiver to allow
disturbance of small areas of what appears to
be man-made critical slopes next to the
proposed two story building and future location
of one stone terrace wall and portion of new
ADA accessible pedestrian connections; and
APPROVED buffer disturbance waiver to
disturb the buffer zone adjacent to residential
districts to facilitate construction of one stone
terraced wall, modification to the Church’s
existing overflow gravel parking, the addition of
four paved handicapped spaces, the regrading
and repaving of existing drive aisle on the
Eastern portion of the property, and the
construction of new ADA accessible pedestrian
connections to the main church building and
existing gravel overflow parking.
Community Development:
Proceed as approved.
10.3 FY 14 Budget Amendment and Appropriations.
APPROVED appropriations #2014047,
#2014048, and #2014049 to provide grant
funding for local government projects and
programs.
Clerk: Forward copy of signed
appropriations form to OMB,
Finance and appropriate
individuals.
10.5 Proclamation recognizing October 7, 2013 as
World Habitat Day.
ADOPTED proclamation.
(Attachment 2)
11. Recognition:
Chair read proclamation from consent agenda
(Item 10.5).
12. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
The following persons commented on SP-2013-
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00005:
George Foresman spoke in opposition.
Bob Templeman spoke in opposition.
Lettie Bien spoke in opposition.
David Schmidtt spoke in opposition.
Karen Schwenzer spoke in opposition.
Chuck Boldt spoke in opposition.
Frank Fountain spoke in support.
Leo Connally spoke in support.
Neil Higgins spoke in support.
Jennifer Wilson spoke in support.
Mike Kinkler spoke in support.
Chris McLean spoke in support.
Kasia Otterbein spoke in opposition.
Ian Clickner spoke in support.
Charles Battig made presentation on climate
change.
Listen
13. SP-2013-00005. The Field School of
Charlottesville (Sign #65).
By a vote of 3:3(Rooker/Thomas/Boyd) motion
to APPROVE SP-2013-00005 subject to the
recommended conditions, as amended,
FAILED.
Listen
NonAgenda. At 8:50 p.m., the Board recessed
and then reconvened at 9:00 p.m.
14. Pb. Hrg: FY 13 Budget Amendment and
Appropriations.
APPROVED the FY 2013 budget amendment
in the amount of $3,784,758.42 and
APPROVED appropriation #2013112 to
provide required funding for the
Comprehensive Services Act Fund.
Clerk: Forward copy of signed
appropriation form to OMB,
Finance and appropriate
individuals.
Listen
15. Pb. Hrg: SP-2013-00013. Roberts & SP-2013-
00014. Roberts Public Garage (Sign #108).
By a vote of 6:0, APPROVED SP-2013-00013
Subject to the one recommended conditions.
By a vote of 6:0, APPROVED SP-2013-00014
subject to conditions as recommended by staff.
Clerk: Set out conditions of
approval. (Attachment 3)
Listen
16. Pb. Hrg: SP-2013-00012. Les Yeux du Monde
(Sign #120).
By a vote of 6:0, APPROVED SP-2013-00012
subject to nine conditions as recommended by
staff.
Clerk: Set out conditions of
approval. (Attachment 3)
Listen
17. Pb. Hrg: ZMA-2012-00003. Out of Bounds (Sign
#6).
By a vote of 6:0, at the request of the applicant,
DEFERED until November 13, 2013.
Clerk: Schedule on November
13, 2013 agenda.
18. Pb. Hrg: ZMA-2013-00003. 1306 Crozet Avenue
(Signs #55&56).
By a vote of 6:0, at the request of the applicant,
DEFERRED until November 13, 2013.
Clerk: Schedule on November
13, 2013 agenda.
19. Pb. Hrg: To consider 1) granting a sanitary
sewer easement to the Albemarle County
Service Authority and 2) granting temporary
construction easements and temporary grading
easements to Albemarle Health Care Center
LLC.
By a vote of 6:0, ADOPTED Resolution
Clerk: Forward copy of signed
resolution to County Attorney’s
office and ACSA.
Clerk: Forward copy of signed
resolution to OFD and County
Attorney’s office. (Attachment 4)
Listen
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approving the proposed easements and
AUTHORIZED the County Executive to sign, in
a form approved by the County Attorney, the
documents related to the Albemarle Health
Care Center LLC site development, on behalf
of the County.
County Attorney: Provide Clerk
with fully execute documents.
20 From the Board: Committee Reports and Matters
Not Listed on the Agenda.
There were none.
Listen
21. From the County Executive: Report on Matters
Not Listed on the Agenda.
There were none.
22. Adjourn to October 10, 2013, 2:30 p.m., Room
241.
At 9:33 p.m., the Board adjourned until 2:30
p.m., Room 241, October 10, 2013.
ewj/tom
Attachment 1 – Resolution to accept McIntire Road (Route 631) (Project #104 U000-104-102,C-501) into the State
Secondary System of Highways
Attachment 2 – Proclamation recognizing October 7, 2013 as World Habitat Day.
Attachment 3 – Conditions of Approval
Attachment 4 – Resolution Approving Easements Across County Owned Property for Albemarle Health and
Rehabilitation Center
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ATTACHMENT 1
The Board of County Supervisors of Albemarle County, Virgin ia, in regular meeting on the October 9, 2013,
adopted the following resolution:
R E S O L U T I O N
WHEREAS, McIntire Road (Project #104-U000-104-102,C-501), as described on the attached Additions
Form AM-4.3 dated October 9, 2013, 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 McIntire Road (Project #104-U000-104-102,C-501) 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 McIntire Road (Project #104-U000-104-102,C-501), as described on
the attached Additions Form AM-4.3 dated October 9, 2013, 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.
* * * * *
The road(s) described on Additions Form AM-4.3 is:
1) McIntire Road (State Route 631) from (Route 3412) (Node B) to 0.06 miles west of intersection
(Node B1) at City of Charlottesville line, with a 55-105 foot right-of-way width.
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ATTACHMENT 2
WORLD HABITAT DAY
OCTOBER 7, 2013
Whereas, the world’s housing situation is a crisis in need of attention and action, with 1.6 billion people living
in inadequate shelter; and
Whereas, on World Habitat Day, Oct. 7, 2013, around the world, individuals, organizations and government
officials are raising awareness, educating and mobilizing to take action on the current global
housing crisis while working together to ensure adequate housing for all; and
Whereas, as the international community seeks to meet critical shelter needs, reconstruction and
neighborhood revitalization initiatives should occur within the framework of a comprehensive local
strategy and a development plan supported by the local government and its citizenry; and
Whereas, in our community, despite enormous resources overall, we have significant affordable housing
challenges; and
Whereas, the County of Albemarle is committed to increase opportunities for affordable housing for all of its
residents; and
Whereas, Habitat for Humanity addresses the causes and systemic issues that perpetuate poverty housing.
NOW, THEREFORE, BE IT RESOLVED, that on this 7th day of October 2013, the County of Albemarle officially
joins Habitat for Humanity of Greater Charlottesville volunteers, homeowners, partners and
supporters around the region in recognizing World Habitat Day.
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ATTACHMENT 3
CONDITIONS OF APPROVAL
SP-2013-00013. Roberts & SP-2013-00014. Roberts Public Garage (Sign #108).
SP-2013-00013. Roberts
1. The parcel upon which the public garage is located may only be used as a garage in compliance with SP -
2013-00014 until a dwelling is constructed on the property, and not thereafter.
SP-2013-00014. Roberts Public Garage
1. The public garage may only operate until a dwelling is constructed on the property, and not thereafter.
2. The following requirements shall apply to the public garage use:
a. The hours of operation for the public garage shall not begin earlier than 8:00 a.m. and shall end not
later than 5:00 p.m., each day, Monday through Saturday;
b. No outside storage of parts including junk parts. Refuse awaiting disposal shall be s tored in
appropriate containers;
c. No freight shall be handled or stored on-site;
d. All work shall be conducted within the garage;
e. Repair work and storage shall be limited to equipment owned or operated by the operator of the
public garage; and
f. No more than four (4) tractor trailers shall be parked in the outside area at any one time.
_____
SP-2013-00012. Les Yeux du Monde (Sign #120).
1. No antique shop or gift shop shall be operated on the property.
2. The gallery use shall take place only in the existing forty (40)-foot by twenty (20)-foot gallery structure,
which may be altered but not expanded.
3. The art gallery shall hold no more than ten (10) art-related events per year for more than twenty (20)
attendees at any time, and daily attendance for these events shall not exceed fifty (50) persons.
4. The art gallery shall hold no more than twenty (20) art-related events per year for up to twenty (20)
attendees at any time, and daily attendance for these events shall not exceed twenty (20) persons. These
events are in addition to the events permitted under condition 3.
5. Any art event allowed by conditions 3 or 4 must end by 9:00 p.m.
6. The hours of operation for sales in the art gallery shall not begin earlier than 1:00 p.m. and shall end not
later than 5:00 p.m., each day, Thursday through Sunday. Operation outside those hours shall be by
appointment only.
7. There shall be no outdoor amplified sound permitted for this use.
8. The use shall commence on or before October 9, 2015 or the permit shall expire and be of no effect.
9. All new outdoor lighting shall be only full cut-off fixtures and shielded to reflect light away from all abutting
properties.
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ATTACHMENT 4
RESOLUTION APPROVING EASEMENTS
BETWEEN THE COUNTY OF ALBEMARLE AND
THE ALBEMARLE COUNTY SERVICE AUTHORITY AND
BETWEEN THE COUNTY OF ALBEMARLE AND
ALBEMARLE HEALTH CARE CENTER LLC
WHEREAS, the County of Albemarle owns certain property located near the Monticello Fire Rescue Station
at Mill Creek Drive (Parcel 09100-00-00-002E0) as well as certain property located to its rear at 133 Galaxie Farm
Lane (Parcel 09100-00-00-01100); and
WHEREAS, easements across these County-owned properties are necessary for the Albemarle County
Service Authority (ACSA) to provide sanitary sewer and water service to Parcel 09100 -00-00-012C0 and/or Parcel
09100-00-00-01200 (91 Galaxie Farm Lane) and for Albemarle Health Care Center LLC to construct a new right-of-
way across the property to be dedicated to public use and to provide the required grading along the right -of-way.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby approves
the granting of these certain easements to the ACSA and to Albemarle Health Care Center LLC, and authorizes the
County Executive to sign, in a form approved by the County Attorney, the following documents:
1. A Certificate of Plat
2. Future Public Road Maintenance Agreement with Albem arle Health Care Center LLC and Galaxie,
LLC
3. A Deed of Easement to Albemarle Health Care Center for temporary construction easement and
temporary grading easement to construct the future public road
4. A Drainage Easement Dedication by Albemarle Count y
5. A Drainage Easement Deed from the Albemarle County Service Authority to the County
6. A Sight Distance Easement Dedication by the County
7. A Sight Distance Easement Deed from the Albemarle County Service Authority to the County; and
8. A Sanitary Sewer Easement Deed to the Albemarle County Service Authority (with a temporary
easement to Albemarle Health Care Center to construct the sewer line)