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HomeMy WebLinkAbout1989-03-15March 15, 1989 (Regular Night Meeting) (Page 1) 349 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on March 15, 1989, at 7:30 P.M., Room 7, County Office Building, McIntire Road, Charlottesville, Virginia. PRESENT: Messrs. Edward H. Bain, Jr., F. R. Bowie, Mrs. Patricia H. Cooke, Messrs. C. Timothy Lindstrom and Walter F. Perkins. ABSENT: Mr. Peter T. Way. OFFICERS PRESENT: County Executive, Guy B. Agnor, Jr.; County Attorney, George R. St. John; and County Planner, John T. P. Horne. Agenda Item No. 1. The meeting was called to order at 7:30 P.M. by the Vice-Chairman, Mrs. Cooke who noted that Mr. Way was out of town and would be absent this evening. Agenda Item No. 2. Pledge of Allegiance. Agenda Item No. 3. Moment of Silence. Agenda Item No. 4. Consent Agenda. Motion was offered by Mr. Lindstrom, seconded by Mr. Bowie, to approve Items 4.1 and 4.la on the Consent Agenda and to accept the remaining items as information. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Lindstrom and Perkins. NAYS: None. ABSENT: Mr. Way. Item 4. No. 1. Resolution to take Mill Creek Drive, Gray Stone Court and Boulder Spring Court, located in Mill Creek P.U.D., Phase 1, Section 2, into the State Secondary System of Highways. The Board adopted the following resolution by the above recorded vote: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the Virginia Department of Highways and Transportation be and is hereby requested to accept into the Secondary System of Highways, subject to final inspection and approval by the Resident Highway Department, the following roads in Phase 1, Section Two in Mill Creek P.U.D.: MILL CREEK DRIVE Beginning at Station 13+50, end of previous dedication, thence in a westerly direction 350 feet to.Station 17+00, the end of this dedication. GRAY STONE COURT Beginning at Station 0+11, a point common to the centerline of Gray Stone Court and the edge of pavement of Mill Creek Drive (centerline Station 16+64.91), thence in a southerly direction 1,930 feet to Station 19+41, the en~i of the cul-de-sac pavement. BOULDER SPRING COURT Beginning at Station 0+10, a point 6ommon to the center- line of Boulder Spring Court and the edge o~pavement of Gray Stone Court (centerline Station 3+50.00), thence in a westerly direc- tion 446 feet to Station 4+56, the end of the cul-de-sac pave- ment. BE IT FURTHER RESOLVED that the Virg!inia Department of Highways and Transportation be and is hereby guaranteed a 50 foot unobstructed right of way and drainage easements along these requested additions 350 March 15, 1989 (Regular Night Meeting) (Page 2) as recorded by plats in the Office of the Clerk of the Circuit Court of Albemarle County in Deed Book 974, pages 358-365; Deed Book 992, page 743; Deed Book 1013, page 51; Deed Book 1024, page 317; Deed Book 1009, page 212; and Deed Book 1005, page 29I. Item No. 4.la. Statements of Expenses for the month of February, 1989, for the Department of Finance, Sheriff, Com~nonweath's Attorney and Regional Jail, approved as presented by the above recorded vote. Item No. 4.2. Notice dated March 9, 1989, from H. W. Mills, Highway Maintenance Manager, of VDoT intent to repair bridge over the Lynch River, Route 603, was received as information. Item No. 4.3. Superintendent's Memorandum No. 8, dated March 1, 1989, re: 1988-90 Appropriations Act Changes, was received as information. Item No. 4.4. Planning Commission minutes for February 28 and March 9, 1989, was received as information. Item No. 4.5. Letter dated March 6, 1989, fromMr. Oscar K. Mabry, Deputy Highway Commissioner, concerning the addition of Route 611 into the State Secondary System of Highways, received as follows: "As requested in your resolution dated February 8, 1989, the follow- ing addition to the Secondary System of Albemarle County is hereby approved, effective March 6, 1989: ADDITION LENGTH Route 611 - From 2.20 miles Northwest Route ~691 to 0.95 Mi. 3.15 miles Northwest Route 691." ~ Item No. 4.6. Arbor Crest Apartments monthly bond report for the month of February, 1989, was received as information. Item No. 4.7. Letter dated March 10, 1989, from Mr. H. Bryan Mitchell, State Historic Preservation Officer, informing Mr. Theodore Roosevelt, IV, that Pine Knot has been entered in the National Register ef Historic Places, was received as information. Mrs. Cooke suggested that since Agenda Item Nos. 5 through 9 are all to be either withdrawn or deferred that the Board take action on all of them together with one motion. Agenda Item No. 5. SP-88-97. Christ Community Church. To allow a church on 7.63 acres, zoned R-2. Property in the Woodbro0k Subdivision on the east side of Idlewood Drive at the intersection with Broo~kmere Road, south of Brentwood Road. Access to the property is not through Woodbrook Subdivision. Tax Map 45C-2, Parcel 6. Charlottesville District~ (Advertised in the Daily Progress on February 28 and March 7, 1989.) Agenda Item No. 6. SP-88-99. Steve Sullivan. For t!he conversion of the Old White Hall School Building to a country store with gas61ine and other fuel pumps; and gift craft and antique shop. Property on the south side of Rt. 614, approximately one-fourth mile east of its intersectio~ with Rt. 810. Tax Map 41, Parcel 29. White Hall District. (Advertised in t~e Daily Progress on February 28 and March 7, 1989.) March 15, 1989 (Regular Night Meeting) (Page 3) 351 Agenda Item No. 7. SP-88-112. Richard Snow. To locate a single-wide mobile home on 4.0 acres, zoned PA. To locate a single-wide mobile home on 4.0 acres, zoned PA. Property approximately .2 miles on private easement off the south side of Rt. 22, 1.5 miles west of the intersection of Rt. 640 and Rt. 22. Tax Map 66, Parcel 16. Rivanna District. (Advertised in the Daily Progress on February 28 and March 7, 1989.) Agenda Item No. 8. ZMA-88-23. J. W. Sieg & Co. To rezone .75 acres from LI to CO. Property on north side of Rt. 250 W, approximately one-half mile west of intersection with EdnamDrive. Tax Map 59, Parcel 23C. Samuel Miller District. (Advertised in the Daily Progress on February 28 and March 7, 1989.) Agenda Item No. 9. SP-88-106. J. W. Sieg & Co. For a bank with a drive-in window. Property on north side of Rt. 250 W, approximately one-half mile west of intersection with Ednam Drive. Tax Map 59, Parcel 23C. Samuel Miller District. (Advertised in the Daily Progress on February 28 and March 7, 1989.) Mr. Home said that Agenda Item No. 5 is to be removed from the agenda. The applicant verbally informed him two days ago that it was his desire to withdraw the request. Nothing has yet been submitted in writing, but the applicant has stated his request for withdrawal. Mr..Frank Kessler, present representing the applicant for Agenda Item Nos. 8 and 9 said the reason for deferral is because the applicant wants to be sure that what he is asking for will be guaranteed if the request is approved. The applicant wants to be sure that everything is worked out with the bank before bringing the request to the Board. He has no problem with deferring to the next most convenient date for the Board. Mr. Lindstrom then offered motion to defer Agenda Item No. 7, SP-88-112, Richard Snow, to April 5, 1989 because the Planning Commission has not yet acted on the petition; to defer Agenda Item No. 8, ZMA-88-23, J. W. Sieg & Co. and Agenda Item No. 9, SP-88-106, J. W. Sieg& Co. to May 3, 1989 at the applicant's request; to accept the request of~ the applicants to withdraw without prejudice Agenda Item No. 5, SP-88-97'~ Christ Community Church, and Agenda Item No. 6, SP-88-99, Steven Sullivan. Mr. Bain seconded the motion. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Limdstrom and Perkins. NAYS: None. ABSENT: Mr. Way. Agenda Item No. 10. SP-88-115. Forest Lakes Associates. For day care center on property zoned R-1. Property on east side of Rt. 29 North. Tax Map 32, Parcel 36 (part of). Rivanna District. ~Advertised in the Daily Progress on February 28 and March 7, 1989.) Mrs. Cooke said normally she would have to declare a conflict of interest with this item, but since she is chairing the ~meeting, she will just moderate the discussion and not comment or vote on the issue. Mr. Horne presented the following staff ~eport: "Petition: Forest Lakes Associates petitions the Board of Supervisors to issue a special permit in accordance with Section 13.2.2.7 of the Zoning Ordinance for the operation of a d~ay care facility on property zoned R-i, Residential. Property, descr}bed as Tax Map 32, parcel 36 (part of) is located on the east side of'~Rt. 29N within the Forest Lakes development. Rivanna Magisterial ~istrict. Character of the Area: The subject prop/~erty is currently being developed with the Forest Lakes MaintenaniCe Building. The area of this parcel where the day care facility ~ to be located remains wooded. Properties developed with dwellings exist to the east and northeast. A church exists to the north~i An undeveloped parcel 352 March 1.5, 1989 (Regular Night Meeting) (Page 4) exists to the south. The property has frontage on an existing paved private road which is currently being designed as a state road for acceptance into the state secondary system. Staff Comment: As the Commission may recall, staff noted the appli- cant's plans for a day care facility during review of the maintenance building site plan. The applicant proposes to locate a 4,.000 square foot building in an effort to accommodate an estimated facility enrollment of 120 chil- dren. In addition, an area of 10,000 square feet will be provided for outdoor play. Fencing and landscaping material will be installed between the play area and the maintenance building in an effort to separate the different uses. A drop off/pick up area will be con- structed to reduce on-site congestion in the parking area. In regard to landscaping, the applicant will maintain a 20 foot undisturbed buffer area between the day care facility and the church located to the north. Additional white pines will be planted in the buffer area where tree density is deemed insufficient. The applicant has stated that this facility is being provided for the Forest Lakes residents as an aspect of the planned cOmmunity concept, but may receive child enrollment from the general public. In the opinion of staff this use will not be a substantial detriment to adjacent property, the character of the district will not be changed, and this use will be in harmony with the purpose and intent of the ordinance. The facility will provide a much needed service to this area of the County. Staff recommends approval of this request subject to the following conditions: Prior to building occupancy, public sewer shall be extended to this site; me Compliance with Section 5.1.6 DAY CARE, NURSERY FACILITY of the Supplementary Regulations: No such use shall operate without licensure by the Virginia Department of Welfare as a child care center. It shall be the responsibility of the owner/operator to transmit to the Zoning Administrator a copy of the originalilicense and all renewals thereafter and to notify the Zoning Administrator of any license expiration, suspension, or revocation within three (3) days of such event. Failure to do so shall be deemed willful non-compliance with the provisions of this ordinance; Periodic inspection of the premises shall b~ made by the Albemarle County Fire Official at his discrstion. Failure to promptly admit the Fire Official for suc~ inspection shall be deemed willful non-compliance withlthe provisions of this ordinance; ~ These provisions are supplementary and nothing stated herein shall be deemed to preclude application of the requirements of the Virginia Department of ~elfare, Virginia Department of Health, Virginia Sta~e Fire Marshal, or any other local, state or federal agencyi 3. Administrative approval of the site plan; Day care facility enrollment shall be limited to~120 children; additional enrollment shall require amendment tolthe special permit." Mr. Horne said the Planning Commission, at its meeting on March 9, 1989, unanimously recommended approval of SP-88-115 subject to the same conditions as recommended by the staff. March 15, 1989 (Regular Night Meeting) (Page 5) 353 The public hearing was opened. Mr. Frank Kessler, representing the applicant, said he accepts the recommendations of the staff. Mr. Kessler presented to the Board an architectural rendering of the proposed facility. This facility ties in with the other two buildings in Forest Lakes and is part of the planned community. The architect has worked with the State and the County for recommendations. Forest Lakes will not be selling the property. The property will be leased on a yearly basis'. People will be coming from the outlying area. As soon as Forest Lakes is able to fill the day care center, it will be used solely for that community. The person who will be running the facility already runs a day care center in the community today. If Board members have any questions the architect and engineer are present. Mr. Bowie asked in what time frame the Forest Lakes community will use the 120 spaces in the facility. Mr. Kessler said his understanding is that the infant portion is already filled and he would estimate that the facility will be 100 percent filled by Forest Lakes residents by 1991. There being no one else present to speak, the public hearing was closed. Mr. Bowie said he is pleased to see this day care facility. Quite often with a large development, there is not adequate day care available. Mr. Bowie then offered motion, seconded by Mr. Lindstrom, to approve SP-88-115 subject to the following conditions as recommended by the Planning Commission: Prior to building occupancy, public sewer shall be extended to this site; Compliance with Section 5.1.6 DAY CARE, NURSERY FACILITY of the Supplementary Regulations: No such use shall operate without licensure by the Virginia Department of Welfare as a child care center. It shall be the responsibility of the owner/operator to transmit to the Zoning Administrator a copy of. the original license and all renewals thereafter and to notify the Zoning Administrator of any license expiration, suspension, or revocation within three (3) days of such event. Failure to do so shall be deemed willful non-compliance With the provisions of this ordinance; Periodic inspection of the premises shall be made by the Albemarle County Fire Official,.at his discretion. Failure to promptly admit the Fire Official for such inspection shall be deemed willful non-compliance with the provisions of this ordinance; c. These provisions are supplementary and nothing stated herein shall be deemed to prec%ude application of the requirements of the Virginia Department of Welfare, Virginia Department of Health,~!Virginia State Fire Marshal, or any other local, state or f~deral agency. Administrative approval of the site.plan; 4. Day care facility enrollment shall be limited to 120 children; additional enrollment shall require~amendment to the special permit. There being no further discussion, roll w~s called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowie, Lindstrom and Perklins. NAYS: None. ABSTAIN: Mrs. Cooke. ABSENT: Mr. Way. 354 March 15, 1989 (Regular Night Meeting) (Page 6) Agenda Item No. 11. ZMA-89-01. Richard & Louise Fisco. To rezone 4.612 acres from R-4, with proffer, to RA. This effectively deletes this parcel from ZMA-84-01 Willow Lake Development proffer. Property on west side of Rt. 20 South, at intersection of Rt. 1135 (Willow Lake Drive). Tax Map 77E1, Parcel 1. Scottsville District. Agenda Item No. 12. SP-89-01. Richard & Louise Fisco. To operate an antique/craft store on 4.612 acres, zoned R-4. Property on west side of Rt. 20 South, at intersection of Rt. 1135 (Willow Lake Drive). Tax Map 77E1, Parcel 1. Scottsville District. Mr. Horne commented that Mr. and Mrs. Fisco were not present. They were aware of the public hearing because he discussed it with them yesterday. Mr. Home suggested calling the applicants to see if they intended to come to the meeting. Mrs. Cooke suggested going to the next agenda item and waiting to see if the applicants arrive. Agenda Item No. 13. November 30 (A), 1988. There were none read. Approval of Minutes: April 6 (N), April 13 and Mr. Agnor suggested taking up Agenda Item No. 3 fromthe afternoon meeting at this time. Agenda Item No. 3. Pay and Classification Plan Revision - Zoning Admin- istrator. Mr. Agnor said each time a resignation occurs, staff reviews the position for its continuation or revision. A review of the Zoning.~Administrator's position has been completed, and results indicate the salary range assigned to the position should be revised from a Range 29 (34,045 $48,105) to a Range 27 ($30,843 - $43,580). This recommendation is based upon~a market survey, a review of the point factor system used to determine compensation for duties and~responsibilities assigned to all positions, and specific inquiries to nine counties and one city on the assignment and structure of ~ Zoning Administrator within their organization. He requests the approval of an amendment to the Pay and Classification Plan to assign Range 27 to the Zoning Administrator effective immediately. Mr. Bowie offered motion that the recommendation of ~he County Executive to revise the salary range assigned the Zoning Administra~6r's position from a Range 29 (34,045 - $48,105) to a Range 27 ($30,843 $43,~80) be approved. Mr. Perkins asked the recommendations of the salary study done last year. Mr. Agnor said the position was raised from a Range 26 to ~a Range 29. Mr. Perkins then seconded the foregoing motion. Mr. Bain asked why there is such a difference in surveys when one was done just a year ago. Mr. Agnor said the consultant's based their survey on a point factor system and not a market survey. The point f~eto~r system provided a weighted number to the duties and responsibilities of the Zoning Administra- tor's position that the staff found in its review to be in error. The revision to this range was verified by the market survey just taken!i. Mr. Perkins asked if it would be feasible in Albemarle County for the Zoning Administrator to work from within the Planning Department. Mr. Agnor said many years ago the Board separated the Zoning Administrator from the Planning Department and made it a separate department. Mri Bain said he thinks it is a good idea to keep the two departments separate. Mr. Perkins asked if there are other jobs that were c~assified a year ago using the point factor system that could be in error. Mr.ilAgnor said "no" March 15, 1989 (Regular Night Meeting) (Page 7) 355 because when the staff found this error, it went back and looked at the scoring on all positions and no other errors were detected. He thinks that for the Zoning Administrator position it was a numerical error. There being no further discussion, roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Lindstrom and Perkins. NAYS: None. ABSENT: Mr. Way. Agenda Item No. 14. Other Matters not Listed on the Agenda from the Board and Public. Mr. Bowie said with regard to Item No. 4.3. on the Consent Agenda, he would assume that the school budget is based on these changes. Mr. Agnor said this memorandum was received after the school budget was completed. He was informed by Mr. Overstreet that this adds $170,000 of state revenues that the school division did not calculate to have. Mr. Bowie asked if someone on staff is keeping track of additional monies the school diVision is receiving. Mr. Agnor said to his knowledge these are thelonly additional funds received. Mr. Perkins asked if the funds received are for mandated programs. Mr. Agnor said he did not ask Mr. Overstreet specifically, but Mr. Overstreet suggested that the School Board be allowed to allocate that money. He would assume that the funds may not be for a mandated program." Mr. Perkins offered motion to reappoint Mr. Mack Sheets to the Industrial Development Authority for a term to expire on,January 19, 1993, to represen, t the White Hall District. Mr. Bowie seconded ~he motion. Roll was called and the motion carried by the following recorded 9ore: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Lindstrom and Perkins. NAYS: None. ABSENT: Mr. Way. Mr. Horne returned to the meeting and said Mr. Fisco wishes to withdraw ZMA-89-01 and SP-89-01 from the agenda (Item No. 11 and No. 12). Mr. Bain offered motion, seconded by Mr.!Bowie, to accept the request of the applicant to withdraw the applications without prejudice. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Lindstrom and Perkins. NAYS: None. ABSENT: Mr. Way. Agenda Item No. 15. Adjourn to March 22, 1989, at 1:30 P.M. At 7:54 P.M., Mr. Lindstrom offered motion, seconded by Mr. Bowie, to adjourn to March 22, 1989, at 1:30 P.M. Roll.was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Lindstrom and Perkins. NAYS: None. ABSENT: Mr. Way.