HomeMy WebLinkAbout03 26 1996 PC Minutes29
3-26-96
MARCH 26, 1996
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The Albemarle County Planning Commission held a public hearing on Tuesday, March
26, 1996, in the County Office Building, Charlottesville, Virginia. Those members
present were: Mr. Bill Nitchmann, Chairman; Mr. Bruce Dotson, Vice Chair; Ms. Babs
Huckle, Ms. Hilda Lee -Washington; Mr. Jared Loewenstein; Mr. William Finley; and Mr.
David Tice. Others officials present were: Mr. Wayne Cilimberg, Director of Planning
and Community Development; Mr. David Benish, Chief of Community Development; Mr.
Greg Kamptner, Assistant County Attorney; and Ms. Roxanne White, Assistant County
Executive.
The meeting was called to order at 7:00 p.m. and a quorum was established. The
minutes of March 5, 1996 were unanimously approved as submitted. The minutes of
March 12, 1996 were unanimously approved as amended.
Mr. Cilimberg briefly summarized actions taken at the March 13th and March 20th
Board of Supervisors meetings.
CONSENT AGENDA - (Item was heard later in the meeting.)
ZMA-95-25 Gilray, L.L.C. - Petition to rezone approximately 2.2 acres from R-6,
Residential to C-1, Commercial. Property, described as Tax Map 45, Parcel 109C is
located on the west side of the intersection of Berkmar Drive and Woodbrook Drive in
the Rio Magisterial District. This site is recommended for High Density Residential
(10.01-34 dwelling units per acre) in Neighborhood 1.
Staff was requesting deferral to April 23, 1996 to allow further review of traffic issues.
Public comment was invited. None was offered.
MOTION: Ms. Huckle moved, Ms. Washington seconded, that ZMA-95-25 be deferred
to April 23, 1996. The motion passed unanimously.
SP- 96-01 Peter R. Griggs - Petition for special use permit to allow construction of a
Country Store (10.2.2.22) on 2+ acres zoned RA Rural Areas and EC Entrance Corridor
Overlay District. Property, described as Tax Map 70, Parcel 14 (part) and Tax Map 69,
Parcel 19 (part), is located on the south side of U.S. Rt. 250 West at its intersection with
Rt. 692 in the White Hall Magisterial District. This property is not within a designated
`, growth area.
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**W The applicant was requesting indefinite deferral.
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MOTION: Mr. Loewenstein moved, Ms. Washington seconded, that SP-96-01 be
indefinitely deferred. The motion passed unanimously.
SP 96-03 Sprint Cellular - Petition to allow a 185 foot tower and an equipment building
on a portion of an 8.037 acre parcel zoned Rural Areas. Property, described as Tax
Map 88, Parcel 30C, is located on the west side of U.S. Rt. 29 South approximately 6
miles south of 1-64 and about 1 mile south of Rt. 745 in the Samuel Miller Magisterial
District. This property is not within a designated growth area.
The applicant was requesting deferral to May 7, 1996.
Public comment was invited. None was offered.
MOTION: Mr. Dotson moved, Mr. Tice seconded, that SP-96-03 be deferred to May 7,
1996. The motion passed unanimously.
SP-96-04 Sprint Cellular - Petition to allow a 100-foot tower and an equipment building
on a portion of a 9.536 acre parcel zoned R-1 Residential. Property, described as Tax
Map 91, Parcel 1, is located on the east side of Avon Street extended (Rt. 742), north of
Cale Elementary School, on property developed with a water storage tank in the
Scottsville Magisterial District. The property is within Urban Area Neighborhood 4 and
is designated for medium density residential use.
The applicant was requesting deferral to May 7, 1996.
Public comment was invited. None was offered.
MOTION: Mr. Dotson moved, Mr. Loewenstein seconded, that SP-96-04 be deferred to
May 7, 1996. The motion passed unanimously.
CONSENT AGENDA
SUB-96-022 Lake Reynovia Private Access Easement Final Plat - Proposal to
provide a private access easement through Lot 51 to serve Lots 111 and 112.
Mr. Cilimberg presented the staff report. The report concluded: "Staff opinion is that
the general public interest to be served is the provision of an approved legal access for
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" Lots 51, 111 and 112. Staff notes the Engineering Department's recommendation for
approval of this request."
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Mr. Nitchmann asked if the purchasers of these lots were aware of the existence of this
easement at the time they purchased their lots. Mr. Cilimberg said this easement was
not shown on the plan, but the driveway (to reach lot 112) was in existence when the
construction of the houses on lots 51 and 111 began.
Mr. Loewenstein asked if any future development is planned adjacent to these lots
which might effect this road at some future time. Mr. Cilimberg said the topography of
the property is such that future development is unlikely to impact this road.
Public comment was invited.
Mr. Jimmy North, who resides on lot 112, addressed the Commission. He asked the
Commission to approve the request so as to provide him "reasonable access to (his)
house."
There being no further public comment, the matter was placed before the Commission.
Ms. Huckle said this seemed like a reasonable solution.
MOTION: Mr. Finley moved, Ms. Huckle seconded, that SUB 96-022 Lake Reynovia
Private Access Easement Final Plat be approved subject to the following conditions:
1. County Attorney approval of a maintenance agreement.
2. Engineering Department approval of the Plat Showing the new 30' Access
Easement on Lots 51 & 111, Phase 1, Section B, Lake Reynovia.
3. Certificates of Occupancy shall not be issued for Lots 51 and 111 until the above -
referenced plat is signed and recorded.
4. Engineering Department approval of the access road design, including:
a. Provision of a VDOT Standard Commercial Entrance at the intersection with
Reynovia Drive that must be aligned with the centerline of Blackthorn Road (see
attached). Note that a portion of radial guardrail will have to be relocated and that
VDOT approval of the entrance design is necessary.
b. Provision of a sight distance easement across Lot #51 and the area of open
space in order to maintain 350' of sight distance to the west of this entrance.
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*W c. Provision of a typical section of the access road. The proposed 14' wide,
gravel surfaced access road is acceptable, according to the County standards for
private roads serving three lots. At a minimum, the gravel surface must consist of
VDOT #25 and #26 stone to a depth of at least 6 inches and crowned to drain runoff.
On gravel surfaces a minimum crown slope of 0.5" per foot is recommended.
d. Provisions for the proper collection and conveyance of runoff from Reynovia
Drive and the access road to an adequate receiving channel, including any necessary
drainage easements.
5. Engineering Department approval of an Erosion & Sediment Control Plan, if deemed
necessary by the Erosion Control Officer, for the construction of the improvements.
6. Engineering Department and VDOT approval of a plat for the access easement, the
sight distance easement, and any related drainage easements.
The motion passed unanimously.
WORK SESSION - Comprehensive Plan
`%W Arts and Culture
Ms. Kat McGuire, Director of the Piedmont Council of the Arts (hereinafter referred to as
PCA), described the Council's activities in detail. She explained the process which had
been followed in the development of the PCA's Strategic Plan, a process which had
included interaction with County representatives in an effort to "dovetail" the County's
goals with the PCA's goals.
Ms. Jean Lindsay, Chair of the PCA's Arts Education Committee, addressed the
Commission and stressed the importance of the County's inclusion of this section in the
Comp Plan.
Commission comments, questions and directions to staff included the following:
Ms. Huckle asked if it was the Board's decision that this should be included in the Comp
Plan. Mr. Benish said it was his understanding Supervisors Humphries and Thomas
had requested the inclusion of a section on Arts and Culture. Mr. Cilimberg added that
a representative of the PCA attended a Board meeting (a couple of years ago) and
requested that the County and the Board of Supervisors "actively cooperate with the
Council in their planning efforts."
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�'` Mr. Finley asked which organizations come under the PCA's "umbrella." Ms. Lindsay
explained that participating organizations include non-profit arts organizations as well
as individual artists. Mr. Loewenstein later asked where groups which do not come
under this "umbrella" fit into the plan. Ms. McGuire said the PCA speaks for the arts
and "their role," and while there are specific groups who actively participate, the Council
"is by no means exclusive, but rather is an advocate for the arts and their role, in
general." Mr. Benish pointed out that the text of the General Principles does not
specifically identify the PCA. The recommendation is "more generally the importance of
supporting and promoting culture and arts." It is within the Strategies that the PCA is
discussed as a resource and the "expectations of the County's role in working with the
Arts Council as the lead agency."
Mr. Nitchmann wondered what the County, or the PCA, anticipates will happen as a
result of the inclusion of this section in the Comp Plan. Ms. McGuire said the impact to
the Council would not be significant given the fact that it will continue to pursue its goals
with or without the participation of the County. However, she felt it could be of benefit
to the County "in terms of the County making a commitment to its arts community as a
way to support its businesses and citizenry in terms of partnering and acknowledging
that those (arts) resources exist ... in terms of being able to work with the arts for your
economic development goals, your tourism goals, your promotional goals of the
community and the area, your education goals." She later said she felt a positive result
will be a heightened awareness, on the part of the County, towards the arts as a
community resource. She said it will also "help to legitimize, to the non -believer, the
role of the arts and their importance." Finally, she said she felt this would "open the
door for collaboration."
Mr. Finley said there are probably private arts groups which are not under PCA's
umbrella. Ms. McGuire explained: "All groups related to the PCA are their own
entities. Our role is to advocate for an environment that will support their work --not to
do their work for them. (This section relates to) things we are currently doing or
committed to doing in the future. The County has expressed to us an interest in being
involved with that.... By no means does Piedmont Council for the Arts purport to speak
for any individual group, but rather speak towards the importance of the arts, their role
and the validity of those groups."
Mr. Finley made reference to outdoor theaters which are mentioned on page 7 of the
staff report. He said it sounds as if, on a long term basis, more regulations are
envisioned, e.g. "confining amphitheaters to growth areas, etc." Mr. Benish explained
that a lot of the proposed language was the result of work done on a request for an
amphitheater which the County received several months ago.
Mr. Dotson noted that the last three paragraphs on page 7 were not related to the
Piedmont Council for the Arts.
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NOW Ms. McGuire offered to make available to the Commission copies of the PCA's Five
Year Plan. She stressed that their plan is much more comprehensive than what is
reflected in staffs proposed language.
Noting that page 2 says there are too many cultural events in the area to mention, Ms.
Huckle said the area is not a "cultural wasteland," and questioned the need to "embark
on some new venture." Ms. McGuire said she did not agree that arts organizations are
doing quite well, rather they are suffering due to dwindling support and a shift in
emphasis on programming and level of programming. She also did not view this as "a
new venture," but rather as an acknowledgment that the arts community exists and is
working to prosper and contribute to the quality of the life of the area. This is a
commitment to the continuance of that work.
Ms. McGuire listed community projects which the PCA has been, or is currently,
involved in and she explained the Council's budget allocations.
Ms. Washington noted that there will be no monetary gain to the PCA as a result of the
inclusion of this section in the Comp Plan. She said children derive great benefits from
the arts and in some ways the arts become means of communication for this "hands-
on" generation of children. She concluded: "You just want this included, as everything
else is a part of the Comprehensive Plan, now we want to make arts officially a part of
the Plan." Ms. McGuire responded: "That is absolutely right."
Mr. Benish said this is just to set forth, for the first time, the County's expectations in
relation to the arts. In relation to economic development, he pointed out the
relationship between the community's cultural assets and the tourism industry. He fell
this was also a tie to the Comp Plan. He said he thought this inclusion in the Plan
represents a County commitment to assist the PCA and also is an effort to identify the
County's expectations.
Mr. Dotson said one of the functions of the Comp Plan is to identify "who we are," and
that, in part, is influenced and determined by the arts and culture. He also felt it was
important that the area, which is actually a small town, be identified as being culturally
rich so as to attract desirable businesses to the area.
Referring to the Goal on page 1, Mr. Dotson suggested the order should be changed,
i.e. "the last should be first and the first should be last." He did not think tourism was a
goal, in and of itself, rather it is a "means to achieve some of the other things." Mr.
Loewenstein agreed. Mr. Tice also agreed, though he raised a question about the
meaning of the word "transform." Mr. Dotson felt the intent should be to "understand
and appreciate what we have here in our people, our culture and our region."
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Mr. Dotson felt all but the first paragraph under the heading "Facility Development"
(page 7) should be deleted entirely. He thought this material really did not fit with the
rest of the document because they refer to work which should actually be done by the
private sector. He said: "To state what we've stated here --to imagine that we might
have an outdoor amphitheater of several thousand seats approved in a growth area
defies my imagination...." He pointed out that whatever goes in the Plan at this time will
be there for the next five years. He said that while the issue of an outdoor theater might
be a current issue, it is not a "fundamental issue" which warrants inclusion in the Plan.
Mr. Nitchmann agreed with Mr. Dotson. He said this was more a land use issue and
would be better addressed in another section of the Plan.
Referring to the two strategies listed at the end of "Facility Development" Mr. Dotson
said he did not feel strongly about whether or not to delete the first strategy --he left that
to staffs discretion. However, he suggested the deletion of the second strategy. Mr.
Nitchmann noted that the strategy referred to by Mr. Dotson was related to one of the
general principles [Identify and provide opportunities to meet the space needs for arts
and cultural organizations and activities.]. Mr. Nitchmann indicated he did not feel this
was the County's role, i.e. "to identify and provide for."
There was a discussion as to whom the pronoun "its" refers to
in the opening statement of the General Principles, i.e. is it the County's principles or
the PCA's principles? Mr. Dotson thought it referred to the County; Mr. Loewenstein
and Mr. Nitchmann disagreed. Mr. Benish explained staff had identified the Council's
principles which it felt were most important for the County to do in order to support the
PCA's efforts. (NOTE: Those principles chosen for this document were taken, verbatim,
from the PCA's document.) Based on Mr. Benish's explanation, Mr. Nitchmann asked
how the County plans on supporting these efforts if not through funding. He said it is
not the County's role to create a business for an artist to show his/her works.
There was a discussion as to whether or not the PCA's General Principles should be a
part of the document. Mr. Loewenstein suggested the principles should be reworded so
as to better reflect the County's position. Ms. Washington said she would like to read
the PCA's full report. Mr. Nitchmann said the County should not be tied to the
performance of these goals and he questioned whether it is the role of the government
to fund arts and culture. He expressed the feeling that all the documents the
Commission reviews seem to start with this type of approach and then it is up to the
Commission to change it. He wondered why staff always seems to begin with language
which implies County financial support, rather than language suggesting more of an
advocacy approach.
Mr. Cilimberg explained that it was up to the Commission to arrive at a
recommendation, in relation to the County's role in supporting arts and cultural
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`'"■, activities, which it deems appropriate. Staff has simply provided this language as a
starting point. The Commission needs to advise staff if the language suggested does
not reflect the approach it supports.
Ms. Huckle expressed concern about a statement on page 6 that says "The County
should promote Piedmont Council of the Arts as a resource...." She said: "I'm not sure
what the genesis of this was. I'm not sure that the Supervisors were the ones who
initiated this. I think theirs was a response and I am not sure we should have this in the
Comprehensive Plan at all. As was said, we have more cultural events than we can
even count, so we are not totally lacking in culture here. ... If (by including it) we are
running the risk of setting up the County for a lot more expenditure over which (the
Supervisors) have very little, if any, control --I think we should think about this. I am
sure there are members of the public who would like to speak to this as well."
Mr. Cilimberg said he perceived there was concern among some Commissioners about
some of the language and there may be some Commissioners who do not want this
topic included in the Comp Plan at all. That is a decision for the Commission to make
so that staff knows how to proceed. He reminded the Commission the Board decided
early in the Comp Plan review process that this Plan should be more comprehensive.
Mr. Loewenstein said he feels there is no question that arts and culture play an
important role in improving the life in the community and it may be possible to find an
appropriate way to include that in the Comp Plan. However, he said he was
uncomfortable with some of the language that has been presented. He said he would
like to have more information about the County's designating the PCA as the official
local arts agency. He noted Ms. McGuire had offered to provide more documentation.
He also said that though page 1 says the PCA was designated by the County, in other
places in the document it refers to PCA and "other groups." He suggested this
"dichotomy" of the language should be examined for consistency. He also was
concerned about language which seems to "support, in a very proactive way," some of
the principles. He suggested it might be possible to re -word the principles in such a
way that their "spirit" will not be changed, but so as to present the County's role as that
of advocate. He concluded that he does support the concept of including this section in
the Comp Plan.
Mr. Finley said he, too, would like more information on how the "official" designation of
the PCA was accomplished. He asked if this had been an official act of the Board.
Was it recorded in their minutes? (Mr. Benish recalled that it is documented in Board
minutes, but he did not recall there having been an official action taken.) Mr. Finley
said he was definitely not comfortable with taking the General Principles directly from
the document of a non-profit organization and incorporating those into the County's
Comp Plan. He said: "I presume that the Piedmont Council of the Arts is serving the
County and we're not necessarily --it doesn't seem to me as a Commission --drawing up
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i�aw a document to support, exclusively or otherwise, the Piedmont Council for the Arts. If
we have a section on the arts, it seems to me it should be open to any group --private,
public, for -profit, and otherwise --that's involved in that area. " He concluded: "So I am
not comfortable with this."
Mr. Nitchmann said it appears an extensive re -write is called for --"from the standpoint
that the County is a strong advocate of the arts and wishes them to do well, but maybe
the County's role is more a passive one than an active one."
Mr. Benish said that though he understood the concept the Commission was proposing,
he was uncertain as to specific changes envisioned. He asked if Commissioners could
provide him with their written comments.
Mr. Nitchmann questioned whether there was a need for strategies and goals. He
suggested it may be sufficient to include a strong statement about Arts and Culture
which describes the County's role as advocate.
Mr. Dotson said it seems the main concern is "that we not start down a path that we
don't know where it is going to lead and eventually find that it means big funding and
responsibilities, and a larger role for government." He identified 5 points and what he
perceived to be the Commission's "comfort level with each:"
`aw (1) Recognize the important role of arts and culture (no disagreement);
(2) Cooperation with all arts groups, through committee participation, project
involvement (comfortable as long as it does not "get out of hand");
(3) Fund in part (some discomfort);
(4) Fund heavily (a lot of discomfort);
(5) Establish a department, including funding, staffing, responsibility (definite
discomfort).
He suggested language such as "The County add its voice to that of the Piedmont
Council and efforts to.... "
There was determined to be a Commission consensus of support for Mr. Dotson's
comments.
Mr. Cilimberg summarized what he understood to be the Commission's directions to
staff:
--Provide a copy of the PCA's full document.
--Provide a copy of the Board's resolution related to the designation of the PCA
as the official arts organization.
--Re-write the Goal, changing the word "transform" and changing the order.
--Keep introduction.
--Focus on re -write of pages 5 through 8.
--Strike references to outdoor theater.
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*"" --Focus on more "general" language, with less language indicating more of a
commitment, particularly in relation to funding, than the County is willing to make. Use
"less active" verbs.
--Change the "Community Design" heading on page 8 to something less
inclusive (e.g. "Art in Public Spaces").
Ms. Huckle thought all that was needed was the Goal, re -written as discussed. She
said: "All this emphasis on the arts and cultural tourism makes it sounds as if the whole
impetus of this is business driven and, to me, that is not what the arts are all about."
Mr. Dotson agreed, explaining that had been the reason he had suggested that the
order in the Goal was incorrect. Mr. Loewenstein said a re -write of the General
Principles, as discussed, will also diminish that perceived emphasis.
WORK SESSION - Comprehensive Plan
Human and Public Services (including Education)
Significant Commission comments, questions and directions to staff were as follows:
Ms. Huckle suggested that the Goals for Instruction should be omitted. She was
' concerned about the use of phrases such as "The students will develop an
appreciation for the five areas of art. " She felt it was unrealistic to use such an
"autocratic" phrase. Mr. Benish said these goals were taken from the School's
document, but if the Commission has similar concerns, it might not want to include the
goals in the Comp Plan. He reminded the Commission, however, that the Board has
directed that the Comp Plan include a discussion of education.
Mr. Tice noted that the language presented addresses only public school resources.
He felt private schools should be included also. Rather than list the Schools' goals, he
suggested it might be preferable to address more generally the broader goals of
education, public and private, within the County. [NOTE: Mr. Finley pointed out that
the Schools' Strategic Plan which was used by staff in the preparation of this language
is out of date and it is updated often.] Mr. Nitchmann agreed with Mr. Tice, saying an
"all -encompassing paragraph" about education, with a reference to the School's
document, might be the best approach. It was the consensus of the Commission to
support this approach.
Mr. Dotson said using the approach suggested by Mr. Nitchmann for the Education
section of the Plan then raises the question of consistency for other parts of the plan
which are related to other documents. Mr. Dotson thought they should be dealt with in
the same manner. He agreed an acceptable approach, given the fact that all these
plans are subject to change during the 5-year life of the Comp Plan, may be "a more
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general paragraph which acknowledges this other plan, references it, says that it may
change, and tells someone where they can find a copy."
Mr. Loewenstein agreed with Mr. Dotson's suggestion, saying there "should be thought
given to the balance among the various elements that are being considered, so that
one section doesn't too heavily outweigh another." Mr. Tice agreed, though he pointed
out that the Education Department's document is different than some of the other plans,
given the fact that it is under the County's control.
There was a lengthy discussion as to whether or not to treat the Human Services Plan
in the same manner. Ms. White (Assistant County Executive) said she had no objection
to the Human Services Plan being included by reference, provided it is explained the
goals and objectives are part of the County's vision and it is stated where those goals
and objectives can be found.
Mr. Benish reminded the Commission it was the intent of staff, at the onset of this Comp
Plan review, to make it more "user friendly," so that a person does not have to sort
through four or five different documents to try to understand the County's position.
Using the approach now being discussed would be a repeat of the current situation. He
agreed the reasons discussed by the Commission were good ones, but he cautioned
that the Plan will not be more "user friendly" as a result.
Mr. Dotson said he was confident staff could write short sections which would be able to
answer 90% of public questions.
Mr. Finley feared that the Commission's recommendation for the inclusion of the Human
Services Plan in the Comp Plan, even by reference, implies that the Commission
endorses a plan which it has not reviewed. He said there are a lot of "action verbs" in
the plan about which he has concern, e.g. "Enable County residents to become and
remain self-sufficient members of the Community. ( Ms. Huckle suggested that some of
the verbs should be changed to ones which "don't seem to promise as much.") Mr.
Finley questioned how this could actually be accomplished. He asked if the Board had
officially approved the Human Services Plan. Ms. White explained: "They reviewed
this in October and did not formally adopt it because they wanted the Commission to
review it. But they accepted it and turned it over to the Commission for review and
incorporation into the Comp Plan." She said she did not feel the document, as
presented, commits the County to certain funding mechanisms to achieve these goals.
They are merely goals and objectives which the County is striving towards; specific
implementation suggestions are not included in this plan. Mr. Dotson said the Human
Services Plan could be viewed as being "This is how our community defines
^° w Mr. Finley described how this document, as presented, can influence
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future County decisions. For instance, if it is a goal to make young people self
sufficient and address poverty issues, "does that mean the County is adopting that as a
priority philosophy and is going to promote and attract industry that will provide jobs for
these people?" He felt the implementation of some of the goals were very far reaching.
A commitment to achieve these goals could effect everything the County does.
Ms. Washington said she feels a main goal of the Human Services Plan is the
integration of services, which will make it possible for many of these issues to be
addressed by allowing more people to be served more efficiently. She said there are
now often five different agencies working with one family.
Mr. Nitchmann questioned how this could be prevented. He viewed Human Services as
an industry in itself and "the people working in that industry have to find people to help
or they don't have jobs." He thought it would be difficult to convince any of these
organizations that they should combined with other agencies. He said: "I think we
have to be careful of how involved the County gets in trying to be the shepherd of all
these organizations." He thought the way to solve this need is "through better
economic development and better education within the school system in teaching
young people job skills and responsibilities (very early on)."
Ms. White said a major goal is to "bring some of these services together so that we can
do early intervention and, in the long run, save some of the dollars which are being
spent on very crisis -oriented services." Ms. Washington agreed that early intervention
is a crucial element in providing human services.
Mr. Cilimberg explained that there have been other studies in the past, e.g. the
Community Facilities Plan, the Open Space Plan, various neighborhood studies --which
have been referenced as "guidelines" in the Plan. The are adopted as sort of
appendices to the Plan. He compared the Human Facilities Plan to the Open Space
and Community Facilities Plans, which are statements of "where the County wants to
go." He said: "You have to decide if that emphasis is appropriate."
Mr. Tice wondered if changes need to be made to the current Human Services Plan.
He said he was uncomfortable with tying this document to the Comp Plan when it may
or may not be adopted by the Board of Supervisors. He suggested two alternatives:
(1) To review the Human Services Plan and recommend it to the Board, with or without
changes; or (2) Re -write the Comp Plan section so that it does not imply that we are
adopting the Human Services Plan.
There was a lengthy discussion as to how to incorporate these documents, particularly
the Schools' Strategic Plan, and the Human Services Plan into the Comp Plan.
Possibilities include: (1) As appendices to the Comp Plan; or (2) By reference, which
..Y will require that people also look at some other document. Mr. Benish explained: "If
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,%W there is some concern that by identifying those goals and objectives in this document
there is an implication that the Planning Commission somehow doesn't agree with what
the Board will adopt as a Human Services Plan, then we need to take that out of the
Comp Plan. We are trying to do two things --by reference say there is a plan, and out of
courtesy to the public, give them the basis of the overriding goals and objectives of that
plan so they don't have to go to another document." Based on the Commissioners'
comments, Mr. Benish said it seems the best approach is by reference. He thought this
would avoid the implication that the Commission has adopted these goals and
objectives. He explained that a Commission page -by -page review had been avoided
because it is not the Commission's role to make these types of human services
decisions.
Mr. Tice agreed with Mr. Benish's comments. He said he envisions the Commission's
role only in terms of how it effects land use decisions and other pertinent components
of the Comp Plan. He said he would rather not review the Human Services Plan page -
by page.
Mr. Dotson agreed. He indicated he thought the Comp Plan should reflect the County's
desire to address all these issues, i.e. "when they pick up the Comp Plan they will know
that we have paid attention to education, to human services, to arts and culture, and
they get a feel for that and know where they can get more information."
Based on the Commission's comments, Mr. Benish said: "In terms of the Human
Services Plan, we have taken out of it the mission statement and guiding principles. My
thinking, at this time, would be to leave it at that level of information from that study, and
take out the goals and objectives."
Mr. Finley said there is, in the statements referred to by Mr. Benish, direct references to
the Human Services Plan, which again raises his original concern: "Are we expected to
review this to the point where we are comfortable adopting it?" Mr. Benish replied:
"No." Mr. Finley asked: "If not, what happens to it?" Mr. Benish replied: "The Board
will see and adopt the Comprehensive Plan so they will look at this human services
section and the way it is tailored. What the Board will adopt is a section that identifies
this plan, by reference as a general guiding document that has been established for the
review of human services."
Ms. Huckle asked what will happen if the Board does not adopt the Human Services
Plan. Mr. Benish said the Board will discuss that along with the entire Comp Plan which
the Commission forwards to them.
Mr. Finley again expressed concern that the Commission has not taken any action on
the Human Services Plan in its entirety. It has only reviewed the summary. Ms. White
own again explained the Board had "said they accepted the Plan and were turning it over to
3-26-96 14
the Planning Commission for your review ... so it could dovetail with your review of the
Plan and afford the opportunity for public input."
Mr. Benish explained: "As part of the Comprehensive Plan, it was intended that the
major goals and objectives would have that review, and, by reference, the plan was
there for people to look at." Mr. Nitchmann thought this was an answer to Mr. Finley's
question, i.e. "if we reference that plan in this paragraph, then we are, as a
Commission, accepting that plan as written." Mr. Loewenstein disagreed, saying: "I
read that we are referencing it, which doesn't imply our acceptance. I think that is still
up to the Board."
There was then discussion as to when the public will have the opportunity to comment
on the Human Services Plan and whether the Board expected the Commission to hold
a public hearing on said plan. Mr. Loewenstein agreed such an expectation sheds a
different light on the situation. Mr. Cilimberg agreed that if the Commission takes the
approach that the Human Services Plan should be a part of the public hearing process,
then it should review the document in detail. He said, however, that the document can
simply be referenced in the Comp Plan and "let the Board deal with the substance of
the Human Services Plan through a public hearing."
Mr. Nitchmann suggested attaching a statement to any recommendation made to the
Board on the Comp Plan which states clearly that the Commission has not reviewed the
Human Services portion and is leaving that to the Board. Mr. Benish explained: "The
Board gave it to the Commission without knowing how you were going to incorporate it
into the Plan. You could have taken it, verbatim, and put it in Plan and then your public
hearing on the Comp Plan would have included it. The way you have decided to go is
by reference. So we will let the Board know that and the Board will do what it deems
appropriate in terms of public input." Mr. Nitchmann said that was acceptable to him,
as long as the Board knows the Commission has not reviewed the Human Services
Plan in detail.
Mr. Cilimberg asked directly if it was the Commission's desire to review the Public
Services Plan. It was determined to be a consensus that the Commission did not wish
to review the plan. Mr. Finley said: "We do, though, have to decide, if we are accepting
this as part of the Comp Plan. I think that is a Commission responsibility." Ms.
Washington asked: "How can we do that if we don't review it? In order to adopt it we
need to go through the document, or, we can say we would like it referenced and we
leave the decision (as to adoption) to the Board."
Mr. Cilimberg said Ms. Washington had clearly stated the Commission's two options.
Mr. Dotson said he thought Mr. Finley's concern is whether (by reference), are we
implying that we have accepted and adopted it?
6
3-26-96 15
%"' Mr. Finley suggested the following language: "We have considered the Albemarle
County Human Services Plan and incorporated a summary in the Comprehensive Plan
which we pass to you (the Board) for acceptance and approval." He said: "If we do
that, what happens to this document (the Human Services document)?"
Mr. Cilimberg said he was hearing the Commission say: "You don't want to incorporate
this in a summary form in this document. You either want to make it a part of the Comp
Plan, or you simply want to reference it and drop goals and objective statements."
Mr. Dotson summarized: "What we've said, I think, for Human Services, Education,
Community Facilities, the Arts, is that we want a narrative text that says what each
individual plan addresses, that there is such a plan and where it can be found. It is not
going to quote it."
Responding to Mr. Dotson's statement, Mr. Finley said: "But then there is no authority
given to this plan." Commissioners Loewenstein, Nitchmann and Dotson agreed the
issue of authority would then be addressed by the Board.
Mr. Tice said he viewed a reference to the Human Services Plan as similar to a
reference to any other technical document in the Plan. "We are not necessarily saying
that is part of the Comprehensive Plan."
Mr. Nitchmann thought a cover letter summarizing the Commission's approach and
intentions on these three subjects (Education, Human Services and Arts and Culture),
along with copies of these minutes, should make the Commission's position clear to the
Board. Another approach would be to ask the Board for further clarification as to what it
expected from the Commission in regards to the Human Services Plan. Did the Board
expect to receive Commission comments in any certain time frame?
Referring to Mr. Nitchmann's first suggestion, Mr. Cilimberg suggested: "If that's the
approach you want to take, what staff needs to do is prepare language which
represents that and consider this to be a section of the Plan, regarding Human and
Public Resources, Arts and Culture, covering it the way you have indicated here. You
can see that and then hold a public hearing for that component of the Comp Plan and it
can move forward from there. We will cover whatever comes out as your final decision
with a statement that this the level to which the Commission decided to address these
issues." There were no objections to Mr. Cilimberg's suggestion. Mr. Benish offered
also to let the Board know, for their information, the Commission's planned approach to
the Human Services Plan to determine if they have any concerns or further directions.
Ms. Huckle asked if staff was still seeking (as Mr. Benish had requested earlier in the
meeting), written comments from Commissioners. Mr. Benish said written comments
3-26-96
16
1%W are always welcome, but he did not think it was necessary for the Human Services
component. He said he clearly understood the Commission's intent.
Mr. Finley said he has already received individual public comments about the Human
Services Plan. People have asked when they will be given the chance to address it
publicly. He had not been able to answer their questions because the Commission has
not reviewed the document.
As a final specific comment, Mr. Dotson suggested the addition of a paragraph
acknowledging the existence of the Fiscal Impact Model. He felt it is desirable to make
known the existence of this valuable tool. Mr. Finley agreed.
MISCELLANEOUS
UREF Rezoning - A joint meeting with the Board of Supervisors will be held on this
petition on April 9, 1996, in the auditorium. Commissioners Finley, Tice and Dotson will
not be present at the meeting. Action on the request will probably not be taken at the
April 9th meeting. Mr. Dotson asked if a Commissioner who is absent from the April 9th
hearing will be able to vote on the item. Mr. Kamptner responded: "The general rule is
that you only need to hear the evidence and to review the record. Typically, it would be
sufficient for you to review the tape of the hearing and to review the written documents
that were submitted. You would have then received all the evidence and would be able
to vote."
Recognition of Former Commissioners - There was a brief discussion as to how to
best recognize the service of Commissioners who recently ended their tenure on the
Commission. No final decision was made and the issue will be discussed again.
There being no further business, the meeting adjourned at 10:10 p.m.
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