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HomeMy WebLinkAbout08132014actions 1 ACTIONS Board of Supervisors Meeting of August 13, 2014 August 14, 2014 AGENDA ITEM/ACTION ASSIGNMENT PODCAST 1. Call to Order.  Meeting was called to order at 4:00 p.m., by the Chair, Ms. Dittmar. All BOS members were present. Also present were Tom Foley, Larry Davis, Ella Jordan and Travis Morris. Listen 2. Closed Meeting.  At 4:00 p.m., the Board went into closed meeting pursuant to Section 2.2-3711(A) of the Code of Virginia under subsection (1) to consider appointments to boards, committees, and commissions in which there are pending vacancies or requests for reappointments and to discuss the annual performance review of the County Executive. 3. Certified Closed Meeting.  At 5:07 p.m., the Board reconvened into open meeting and certified the closed meeting. 4. Appointments.  APPOINTED Ms. Kimberly Swanson, Ms. Leslie Middleton, Mr. Rob Neil, Mr. Joseph Jones, Ms. Alyson Sappington, Mr. George Goodwin, Ms. Roberta (Robbi) Savage, Mr. Jeffrey Sitler and Mr. Charlie Armstrong to the Water Resources Funding Advisory Committee with said terms to expire October 30, 2015.  APPOINTED Ms. Karen Firehock to the Water Resources Funding Advisory Committee as the Planning Commission Liaison with said term to expire October 30, 2015.  APPOINTED Supervisor Ann Mallek to the Water Resources Funding Advisory Committee as the BOS Liaison with said term to expire December 31, 2014. Clerk: Prepare appointment/ reappointment letters, update Boards and Commissions book, webpage, and notify appropriate persons. 5. Work Session: CPA-2013-01. Comprehensive Plan Update/Amendment, to begin with public comments and possible Board direction.  HELD. (Attachment 1) Listen 6. Call to Order Night Meeting.  At 7:07 p.m., the night meeting was called to order. Listen 9. Adoption of Final Agenda.  By a vote of 6:0, ADOPTED the final agenda. 10. Brief Announcements by Board Members. Ann Mallek:  Announced that she and Supervisor Dittmar attended the first meeting on the Courts project.  Announced that VDoT has begun spraying of herbicides and she will be inquiring about the chemicals that they are using.  Announced that she attended the annual meeting of the Albemarle County Farm Bureau.  Announced two upcoming events - September 2 13, 2014 the Heritage Harvest Festival at Monticello and September 20, 2014 on the Downtown Mall “Main Street Agriculture” hosted by the Farm Bureau. Jane Dittmar:  Announced that a set of Supervisor training classes will begin September 12, 2014 at the County Office Building.  Encouraged Supervisors to read the publication “Stream Watch” that was handed out by Supervisor Mallek at the previous Board meeting.  Clarified why the Board of Supervisors was looking at various alternatives to property taxes. 11. From the Public: Matters Not Listed for Public Hearing on the Agenda.  Charles Battig made presentation entitled “False Manmade Panics Skepticism is the first step to truth”.  Mike Basille, President of the Jefferson Area Tea Party, spoke the Route 29 solutions package.  Neil Williamson spoke about the establishment of the Economic Development Office. Listen 12.2 SDP-2008-00086. Willow Glen – Special Exception to Authorize Variations from the Application Plan and Code of Development (ZMA-2006-00019).  APPROVED the special exception to allow variations (Variation #2) from the Application Plan (ZMA-2006-00019) to: 1) replace one condominium building (28 unites) with 12 townhomes; 2) remove shared driveways for several single-family homes; 3) remove one tot lot location; and, 4) modify construction phasing, as outlined in the illustrations contained in Attachment C (on file). Sarah Baldwin: Proceed as approved. Listen 12.3 Resolution to Amend Board of Supervisors’ Meeting Schedule.  Action taken under Item #19. 12.4 Expansion of Photosafe Program to the Intersection of Greenbrier Drive and Seminole Trail (to defer indefinitely).  DEFERRED indefinitely. Clerk: Reschedule when ready to come back on agenda. 13. Pb. Hrg: PROJECT: SP-2014-00005. Regents School of Charlottesville (Signs #81&82).  By a vote of 4:2(McKeel/Palmer), ADOPTED Resolution to approve SP-2014-00005, Regents School of Charlottesville, with 9 conditions as proposed.  By a vote 6:0, APPROVED motion to reconsider SP-2014-00005.  By a vote of 4:2 (McKeel/Palmer), ADOPTED Resolution to approve SP-2014-00005 with attached conditions as previously described with an amendment to condition #1. Clerk: Forward copy of signed resolution with attached conditions of approval to Community Development and County Attorney’s office. (Attachment 2) Listen 14. SDP-2014-00046. Christian Aid Mission. Critical Slopes Waiver – Major Site Plan Amendment.  By a vote of 6:0, ADOPTED Resolution to deny Special Exception indentified as SDP- Clerk: Forward copy of signed resolution to Community Development and County Attorney’s office. 3 2014-00046, Regents School of Charlottesville, to disturb critical slopes which provides reasons for denial. (Attachment 3) 15. Establishment of Economic Development Office.  Discussed. County Executive’s office: Proceed as discussed. Listen 16. Rivanna Solid Waste Authority (RSWA) Depreciations Funds.  No action taken. Listen 17. Route 29 Project Delivery Advisory Panel Update.  Received. Listen 18. Proposed Route 29 Solutions Package Resolution .  For lack of a second, motion to adopt proposed resolution FAILED.  By a vote of 5:0:1(Boyd absent), DEFERRED until August 26, 2014 and DIRECTED Supervisor McKeel to work with staff to draft and disseminate a resolution that remains to the same intent as the resolution proposed by Supervisor Boyd with the exception of sequencing. Clerk: Schedule on the August 26 agenda. Listen 19. From the Board: Committee Reports and Matters Not Listed on the Agenda. Consent Agenda Item #12.4  By a vote of 5:0:1(Boyd absent), ADOPTED resolution. Liz Palmer:  Requested that staff send information regarding the new schedule to Board members. Clerk: Forward copy of signed resolution to County Attorney’s office. (Attachment 4) Clerk: Advertise in The Daily Progress and post notice on door of Lane Auditorium. 20. From the County Executive: Report on Matters Not Listed on the Agenda. Tom Foley:  Announced that work sessions will be needed on the second Wednesday of each month from 4:00-5:30 p.m., and asked Board members to hold those times on their calendars. 21. Adjourn to August 26, 2014, 4:00 p.m., Room 241.  The meeting was adjourned at 11:25 p.m. ewj/tom Attachment 1 – Comprehensive Plan Update Discussion Attachment 2 – Resolution approving SP-2014-00005. Regents School of Charlottesville and conditions Attachment 3 – Resolution denying SDP-2014-00046. Christian Aid Mission Attachment 4 – Resolution to amend Board of Supervisors Meeting Schedule 4 ATTACHMENT 1 ALBEMARLE COUNTY COMPREHENSIVE PLAN DIRECTION AND COMMENTS ON RURAL AREA CHAPTER – CONTINUED August 13, 2014 Vision The Board of Supervisors affirmed the following vision statement: Albemarle County envisions a community of:  abundant natural, rural, historic, and scenic resources  healthy ecosystems,  active and vibrant development areas,  a physical environment which supports healthy lifestyles,  a thriving economy, and  exceptional educational opportunities for current and future generations. Rural Area Direction from the Board  Add to both the Rural Area Chapter and the Natural Resources Chapter that discusses the need to consider impacts to neighboring Conservation Easements or Agricultural-Forestal districts when reviewing Special Use Permits in the Rural Area.  Retain the Planning Commission’s recommendations for Area B with modifications for the Firing Range at Milton and additional information on the existing use of the former incinerator property owned by UVA.  Amend Strategy 7e to state “study the infrastructure challenges at the Shadwell interchange to determine the potential level and concentration of operations which are appropriate.” The strategy should not single out just agriculture and forestry uses for this interchange.  Begin Strategy 6f with the word “consider”. Amend the language so it does not name specific recreational uses of mountain biking, cyclocross, and zip lines but rather discusses the update to the zoning regulations based on potential adverse impacts of recreational uses. (See attachment, “Corrections from Board of Supervisors – Recreational Recommendations 8-13-14”.)  Add golf courses to the second sentence of Strategy 6f so that it states, “Consider removing swim and tennis clubs and golf courses from the list of available special uses in the Rural Area.” (See attachment, “Corrections from Board of Supervisors – Recreational Recommendations 8-13-14”.)  Remove the third paragraph after Strategy 6f which discusses impacts of golf courses in the Rural Area. (See attachment, “Corrections from Board of Supervisors – Recreational Recommendations 8-13-14”.)  Include amended text as suggested by Supervisor Palmer to Criteria for Review of New Uses. Additional criteria suggested include: o Compliment the character of the area of which they will be located, and be reversible so that land could easily be converted back to agriculture, forestry and conservation o Be suitable for existing rural roads and result in little discernible impacts to rural roads (See attachment, “Changes Provided by Supervisor Palmer”.)  There was agreement to incorporate Supervisor Palmer’s recommendations into the introduction, which are changes to language and are not substantive. Amendments include incorporating language from current Comp Plan into the introduction and enhanced language about the importance of agricultural, forestry, and natural resources protection in the Rural Area. (See attachment, “Changes Provided by Supervisor Palmer”.)  Amend Objective 1, “Retain continuous and unfragmented land for agriculture, forestry, and natural resource protection” to also include the word biodiversity.  Add information in the text under Strategy 1a on the County’s policy for rural road paving; cross-reference that section to the text in the Transportation Chapter.  Move Strategies 1e, 1f, 1g, and 1h before Strategies 1c and 1d.  Remove the sentence that discusses residents who “would never be attracted to the Development Area” from second paragraph on page 7.13 and remove the remainder of this paragraph. (See attachment “Changes Provided by Supervisor Palmer”.) 5  Make corrections to Strategy 1d which discusses Rural Area development rights and potential efforts to modify subdivision regulations to require smaller by-right lots. Be clear on recommendations for Rural Preservation Development.  Keep the word economy in Objective 2, “Support a strong agricultural and forestal economy.” Change the word “economy” from sentence below this strategy to “land use” so that text states, “Agriculture and forestry play an important and long-standing role in the environment, heritage, and land use of the County.”  Leave Strategy 2i as is.  The next meeting will be September 9 from 5:00pm-9:00pm. The first half will be reserved for the Solid Waste discussion and the second half will begin the discussion on the Development Areas Chapter.  Staff will coordinate with Chairwoman Dittmar to determine specific Development Areas topics fo r the next meeting and will provide appropriate Comp Plan sections to Board members ahead of meeting. Board Comments - Shadwell interchange  In addition to uses related to agriculture and forestry we should add public uses to this list to keep the door open for the possibility of a future recycling center at this location.  VDOT has said they have no plans for road improvements here beyond a future upgrade to the I-64 Interchange. With development of Peter Jefferson Place there is already enough traffic in the vicinity of the Shadwell Interchange and along Black Cat Road. It doesn’t hurt to study something, but it might be a waste of staff resources to study this when we know road improvements are needed before any additional development can locate here.  The Shadwell interchange is already developed. Why not allow more development here? Businesses have expressed a need for easy access to the interstate and this is an ideal location.  One way to get infrastructure improvements is to allow development at the Interchange and the developers can provide infrastructure improvements as needed for their development.  The southeast corner of the interchange is the only portion that is not developed and there is a rail line here. This property has the unique features of easy interstate and rail access and it would make sense to study this so that when a developer shows up we know what uses are appropriate.  The interchange is not developed to its highest and best use. There is enough land to support greater intensity developments but the roads here would not support more development.  Even if we do not decide to allow new development we should allow the existing businesses to tap into public water and sewer. Doing so would mean adding this area to the Development Areas and this should be further discussed during the work session regarding the Development Areas Chapter.  We should study what is not appropriate at this intersection.  If we wait for VDOT to solve the problem it will never get done. The County needs to make its own plans for the intersection and be proactive about needed infrastructure upgrades. Board Comments - Recreational Uses  What direction are we heading regarding golf courses in RA? The action memo seems to have contradicting statements regarding this.  At the last meeting it was suggested we remove the whole paragraph under Strategy 6f regarding the impacts of golf courses. If we keep golf courses within Strategy 6f to consider removing these facilities from the Rural Area, it would be okay to strik e the whole paragraph on page 7.34 about golf courses.  It is not the government’s place to say that we already have enough golf courses in the County.  Soccer fields, for example, have greater impacts than tennis courts. This strategy is identifying a s pecific group of uses when other uses have the same or greater impacts. Regulations for recreational activities in the Rural Area should look at impacts to guide any new or removed uses. Specific uses should not be called out in the Comp Plan.  The uses should be studied based on science. Leave out the specific types of uses and consider the impacts on the Rural Area for any type of recreational uses.  Golf, tennis and swim clubs in the Rural Area should be studied first before we consider the whole gamut of other uses because we know these have negative impacts to our Rural Area now.  We should not be picking on hot topic recreational uses.  These recreational uses should be studied so we are not scrambling every time an application comes in.  We should be proactive rather than looking at these on case by case basis when an application comes in. It is sometimes very difficult to make a decision when these permits come in without some more general guidelines and better knowledge of impacts.  It is great to be proactive but you can’t always anticipate what types of uses will emerge. The Four Wheel Drive Club that came up last year is a perfect example. 6  What would be the timeline for staff doing a Zoning Text Amendment recommended by Strategy 6f? This is important to consider. (Staff noted that priorities for work on Board initiated ZTAs are part of the Work Program set by the Board.) Board Comments – Collection and Distribution Facilities:  Is there a known need for collection and distribution facilities in the Rural Area? This should be determined.  Collection and distribution facilities should not be considered by-right as recommended in Strategy 2i because of the impacts to neighbors. Impacts to neighbors were a huge issue with a previous facility in Crozet.  Goods being produced in the Rural Area have to go somewhere. This could be nearby or far away, depending on what we are willing to allow.  The concern with making this by-right is that there would be no opportunity for notification or considering impacts to neighboring properties.  Adding the word by-right to the Comp Plan does not make this by-right automatically, it would just be considered with the zoning text amendment. Taking out the words, “by-right,” would mean that a by-right use might not even be considered with a zoning text amendment. Other Comments on Rural Area Chapter:  Does staff consider if projects are adjacent to easements when reviewing permits in the Rural Area or is this already addressed in the plan? Staff should be more sensitive to Special Use Permit applications adjacent to ag-forestal districts or properties under conservation easement when reviewing permits. (Staff noted that these items are routinely reviewed as part of special use permit considerations.)  Objective 1 seems to have a lot of emphasis on subdivision and this should not be up front.  Rural land owners should not expect all roads to be paved. This should be discussed with Community Facilities Chapter and also cross reference to Transportation section. We should discuss adding a list of rural roads to not be paved in Transportation Chapter. 7 8 9 10 11 12 13 14 15 ALBEMARLE COUNTY COMPREHENSIVE PLAN PUBLIC COMMENT ON RURAL AREA CHAPTER – CONT August 13, 2014 Marcia Joseph, Rivanna District, said she listened to the Board at the prior work session. She read language from staff’s action memo and said she hopes the Board will support the language regarding recreational uses and golf courses in the Rural Area since the Board also decided to focus the Rural Area section on agriculture, forestry, and natural resources. She said she hopes these changes will lead to staff becoming more sensitive to Special Use Permits near properties under conservation easement and areas with active agriculture and to consider impacts to these properties by the proposed uses. Peter Hallock, Rivanna District, said that a long time back when Glenmore was added to growth area the citizens were promised there would be no hookups to the waterline along Route 250. He said the proposal to add Shadwell to the Development Area would open up this area to additional hookups which goes against this original promise. 16 ATTACHMENT 2 RESOLUTION WHEREAS, Christian Aid Mission is the owner of Tax Map and Parcel Number 05900-00-00-023G1 (the “Propert y”); and WHEREAS, the Regents School of Charlottesville (“Regents School”) operates a private school on a portion of the Property pursuant to Special Use Permit 2013-00010 (“SP-2013-10”), which in Condition 2 limits the maximum number of students and school personnel to not more than ninety-six (96); and WHEREAS, Christian Aid Mission and Regents School filed an application to amend SP-2013-10 to increase the maximum number of students and school personnel to one hundred thirty (130), which application is identified as Special Use Permit 2014-00005 (“SP-2014-05”); and WHEREAS, on June 3, 2014, after a duly noticed public hearing, the Albemarle County Planning Commission recommended disapproval of SP-2014-05, primarily because the increased enrollment would cause additional unsafe turning movements exiting the Property onto Route 250 in the morning due to excessive delays (the “Traffic Safety Issue”); and WHEREAS, on August 13, 2014, the Albemarle County Board of Supervisors held a duly noticed public hearing on SP-2014-05; and WHEREAS, the Traffic Safety Issue is adequately addressed if the Regents School is served by an entrance on Broomley Road because the Broomley Road-Route 250 intersection is served by a traffic signal; and WHEREAS, after the Planning Commission’s June 3, 2014 recommendation on SP-2014-05, Christian Aid Mission filed applications to amend its site plan to establish an entrance on Broomley Road and to obtain a special exception to disturb critical slopes in conjunction with the co nstruction of an entrance on Broomley Road. NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the executive summary prepared for SP-2014-05 and all of its attachments, the information presented at the public hearing, and the factors relevant to a special use permit in Albemarle County Code § 18-33.8, the Albemarle County Board of Supervisors hereby approves SP-2014-05, subject to the conditions attached hereto. 17 CONDITIONS OF APPROVAL PROJECT: SP-2014-00005. Regents School of Charlottesville. 1. The school is limited to the existing administrative building and grounds, as shown on the concept plan (Attachment A). All parking for the facility shall be located in areas designated on the concept plan as P1, P2, P3, P6, and P7. An y additional buildings or other site changes, except for those required by the conditions of this permit, beyond those shown on the approved site plan for SDP-1992-052 titled “Christian Aid Mission Administration Building” prepared by William W. Finley and date approved July 14, 1994 require an amendment to this Special Use Permit; 2. The entrance from Rte 250 shall be reconfigured to prohibit left turns ou t within thirty (30) days of approval of SP-2014-00005, and the maximum enrollment shall not exceed ninety-eight (98) students in the 2014-2015 school year, and one hundred thirty (130) students in the 2015-2016 school year and any subsequent years; 3. The permittee shall implement and maintain van pools beginning with the 2014-2015 school year; 4. All students shall be over the age of two and one-half (2 ½) years old; 5. The hours of operation for the school shall be between 7:45 a.m. and 4:00 p.m., except that occasional school-related events may occur after 4:00 p.m.; 6. No food preparation is permitted onsite without an amendment to this Special Use Permit to authorize onsite food preparation; 7. The permittee shall obtain an annual fire inspection from the County fire marshal; 8. In no case shall the total number of people (students and school personnel) utilizi ng the school building exceed one hundred fifty (150); and 9. SP-2014-00005 shall expire on August 13, 2017. 18 ATTACHMENT 3 RESOLUTION WHEREAS, Christian Aid Mission is the owner of Tax Map and Parcel Number 05900-00-00-023G1 (the “Property”); and WHEREAS, Christian Aid Mission filed applications to amend its site plan to establish an entrance on Broomley Road and to obtain a special exception identified as SDP-2014-00046 (“SDP-2014-46”) to disturb critical slopes in conjunction with the construction of the entrance on Broomley Road; and WHEREAS, the Property has an existing entrance on Route 250; and WHEREAS, it is premature to evaluate an entrance on Broomley Road until the Broomley Road bridge over the railroad tracks abutting the Property is replaced; and WHEREAS, establishing a second entrance on the Property would facilitate more intensive use of the Property and would not improve the level of service on this segment of Broomley Road; and WHEREAS, the Property is zoned Commercial Office (CO) but is designated as Rural Area in the Comprehensive Plan (the “Plan”) and facilitating the intensification of the use of the Property is contrary to the Plan’s policy of preserving the rural character of the County’s Rural Area, and, in considering the scale and intensity of the use of the Property, is contrary to several of the guiding principles for the Rural Area including, but not limited to, protecting and enhancing the rural quality of life for present and future Rural Area residents. NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the staff report prepared in conjunction with SDP-2014-46, which is Attachment C to the executive summary for Special Use Permit 2014-00005, also considered on August 13, 2014, and all of the factors relevant to a special exception to disturb critical slopes in Albemarle County Code §§ 18-4.2.5 and 18-33.8, the Albemarle County Board of Supervisors does not find that disturbing the critical slopes as proposed would forward the purposes of Chapter 18, Zoning, of the Albemarle County Code or otherwise serve the public health, safety or welfare, and it hereby denies the special exception to disturb critical slopes in conjunction with SDP-2014-46. 19 ATTACHMENT 4 RESOLUTION WHEREAS, the Board at its August 6, 2014 meeting voted to change its regular meeting schedule to enhance public convenience and access to regular Board meetings and to improve the efficiencies in the conduct of the business of the Board; and WHEREAS, it is appropriate for the Board to formalize any change to the established regular meeting dates and times by adoption of a Resolution to be posted and advertised pursuant to Virginia Code § 15.2 -1416. NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereb y amends its regular meeting schedule for September 2014 through January 2015 to meet at the following dates and times: 1. On the first Wednesday of each month, a meeting shall commence at 1:00 P.M.; 2. On the Tuesday prior to the second Wednesday of each month, a meeting shall commence at 5:00 P.M.; and 3. On the second Wednesday of each month, a meeting shall commence at 6:00 P.M. Regularly scheduled meetings will be held in the County Office Building on McIntire Road, Charlottesville, VA; BE IT FURTHER RESOLVED that the Clerk of the Board shall cause a copy of this Resolution to be posted and advertised pursuant to the requirements of Virginia Code § 15.2-1416 at least seven days prior to the first Board meeting in September of 2014.