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HomeMy WebLinkAbout1987-11-18November 18, 1987 (Regular Night Meeting) (Page 1) 366 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on November 18, 1987, at 7:30 P.M., Auditorium, Second Floor, County Office Building, 401McIntira Road, Charlottesville, Virginia. BOARD MEMBERS PRESENT: Mr. Edward H. Bain, Jr., Mr. F. R. Bowie, Mrs. Patricia H. Cooke, Messrs. J. T. Henley, Jr., C.-Timothy Lindstrom and Peter T. Way. BOARD MEMBERS ABSENT: None. OFFICERS PRESENT: Mr. Guy B. Agnor, Jr., County Executive; Mr. George R. St. John, County Attorney; and Mr. John T. P. Home, Director of Planning and Community Development. Agenda Item No. 1. Call to Order. The meeting was called to order at 7:33 P.M. by the Chairman, Mr. Way. 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 Mrs. Cooke, to accept the items of information on the consent agenda and to approve items 4.5 and 4.6. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Henley, Lindstrom and Way. NAYS: None. Item No. 4.1. Copy of Superintendent's Memo No. 218, dated November 4, 1987, re: School Year 1987-88 Public Law 94-142 (Revised) Part B Grant Awards, was received. The memo indicates that Albemarle County will receive $376,956 in Flow-Through funds. The grant period for the funds will be from July i, 1987, through September 30, 1989. Item No. 4.2. Abstract of Votes cast in the County of Albemarle, Virginia, at the General Election held on Tuesday, November 3, 1987; certified and furnished to the Clerk by the Electoral Board of Albemarle County, Virginia. Item No. 4.3. Copy of Planning Commission Minutes for October 27 and November 5, 1987. Item No. 4.4. The following letter dated November 13, 1987, from Dan Roosevelt, Resident Highway Engineer, to Ms. Helen A. Stevens, re: Route 784, was received: "Reference is made to your letter dated0ctober 31, 1987 concerning Route 784. ' The letter from Leslie Hurt to Ms. Paula Brown was in response to an effort by Ms. Brown to make some safety improvements along Route 784. I have discussed this matter with her on a number of occasions during the past summer. She has suggested that certain improvements be made within the existing 30 foot right of way along Route 784. I have indicated to her that most of these improvements could not be made within the existing right of way and actually result in improved sight distance and riding surface. I have attached (on file) a copy of my letter dated August 25, 1987, to Ms. Brown which I believe better explains this matter. It is my impression from my discussion with Ms. Brown that there are more people who agree with the Hurt and Brown position than agree with your position. 367 November 18, 198~ (Regular Night Meeting) (Page 2) The Department agrees that Route 784 needs improvement. Real improve- ments, however, will require additional right of way and in some cases extensive grading easements. It has been County and Department policy that this right of way should be donated by adjacent property owners. The County and I have developed a procedure where citizens along the road can assist the Department and improve their priority for improvement by obtaining this right of way. If you are interested in more information about this procedure, I request that you give me a call at 296-5102. I also suggest that before you call me you discuss this matter with Ms. Brown to get a better understanding of the local support or objection to the roadway improvements I am suggesting." ~ Item No. 4.5. Request to take Village Square Phase I into the State Secondary System of Highways. Request having been on file since October 5, 1984, from Michael D. Horn, Vice-President, SALASCO, and~the County Engineer now certifying that the roads are completed according to plans, the following resolution was adopted: 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 Village Square Subdivision Phase I: Towne Lane: Beginning at station 0+00, a point common with ithe centerline of Towne Lane and the edge of pavement of Route 631, thence, in a westerly direction 508 feet to station 5+08, the end of this dedication. Victorian Court: Beginning at station 00+17, a point common with the centerline of Victorian Court and the edge of pavement of 'Towne Lane at station 4+45.19, thence in a northwesterly direction 635.79 feet to station 6+52.79, the end of the cul-de-sac. BE IT FURTHER RESOLVED that the Virginia Department of Highways and Transportation be and is hereby guaranteed a 50 ~foot unobstructed right-of-way for Towne Lane, and a 40 foot unobstrudted right-of-way for Victorian Court, and drainage easements along these requested additions as recorded by plats in the Office of the Clerk of the Circuit Court of Albemarle County in Deed Book 743, page 513, Deed Book 968, page 134, and Deed Book 956, pages 501, 504, 507, and 511. Item No. 4.6. Request to take Inglewood Drive in GeOrgetown Lane Subdi- vision into the Secondary System of Highways. Request having been on file since April 7, 1986, from Frank L. Hereford, and the County Engineer now certifying that the roads are all constructed according tp plans, the follow- ing resolution was adopted: BE IT RESOLVED by the Board of Supervisors of A%bema~le 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 road in Georgetown Lane Subdivi- sion: ? In~lewood Drive: Beginning at station 10+00, a point common with,the centerline of Inglewood Drive and the edge of previous dedication of Route 1411 (Inglewood Drive), thence, in a southeasterly direction 483 feet to station 14+83, the end of'~the cul-de-sac. November 18, 1987 (Regula~ Night Meeting) (Page 3) 368 BE IT FURTHER RESOLVED that the Virginia Department of Highways and Transportation be and is hereby guaranteed a 40 foot unobstructed right-of-way and drainage easement along this requested addition as recorded by plat in the Office of the Clerk of the Circuit Court of Albemarle County in Deed Book 809, page 351. Agenda Item No. 5. SP-87-87. Ed Amato. Allow for warehouse facilities to be located on vacant two acre parcel, zoned LI. Property located on south side of Broadway Street in the Woolen.Mills area. Tax Map 77, Parcel 40P (part of). Scottsville District. Advertised in the Daily Progress on Novem- ber 3 and November 10, 1987.) (Withdrawn before the Planning Commission.) Mr. Way stated that since this item was withdrawn before the Planning Commission, no action is required by the Board. Agenda Item No. 6. ZMA-87-11. Republic Capital Corporation. To rezone approx. 25.6 acres from R1 to HI to allow for warehousing facilities. Property located on the west side of Rt. 29N between Airport Acres Subdivision and Northside Industrial Park. Tax Map 32, Parcel 22. Rivanna District. (Adver- tised in the Daily Progress on November 3 and November 10, 1987.) Mr. Horne presented the following staff report: "Petition: Republic Capital Corporation petitions the Board of Supervisors to rezone 25.6 acres from R-l, Residential to HI, Heavy Industrial (Proffer). Property, described as Tax. Map 32, Parcel 22 is located on the west side of U.S. Rt. 29N South and adjacent to Northside Industrial Park in Hollymead in the Rivanna Magisterial District. Comprehensive Plan: This site is designated for industrial use in the Comprehensive Plan. Character of the Area: This heavily woo~ed property is developed with an single family dwelling and several accessory buildings. Maximum depth of the site is about 1,900 feet rising about 70 feet in elevation from Rt. 29N (i.e. 3.7 percent slope). Northside Industrial Park, zoned HI, is to the north. About nine acres of Northside Industrial Park is included in the applicants master plan (Attachment A on file) bringing total acreage to 34.55 acres. Access would be restricted to Northside Drive (Rt. 1570) with no direct access to U.S. Rt. 29N. To the west is the UniverSity-owned Airport Industrial Park, zoned PD-IP, which permits LI and HI uses in designated areas. To the south are residential properties, zoned R-l, including Airport Acres Subdivision. Applicant"s Proffer (Attachment B): RepUblic Capital Corporation has attempted to address matters of historical public concern related to industrial development including (with staff comment): Limitation as to building development and character of. sewage discharKe until public sewer is available: Public sewer is not readily available to the site. The applicant proposes initial development employing septic system disposal limited to domestic wastes. In order to undertake additional developn~_nt, public sewer would be provided. This would permit assessment of the viability of the project prior to substantial investment in obtaining public sewer. Development of property in general accord with proffered mm~ter plan (Attachment A): While not a planned development petition, the applicant has proffered a phased plan for development of this property. Initial developmenti~employing septic disposal would consist of a maximum of 225,000 square feet building area increasing to 450,000 square feet with public sewer. 369 November 18, 1987 (Regular Night Meeting) (Page 4) Proffer to delete certain HI uses: Republic Capital has prof- fered deletion of certain by-right HI uses. Included in the list of deleted uses are public utility uses (28.2.1.18) and general public uses (28.2.1.19), which staff recommends not be excluded (These uses are provided in all zoning districts as a matter of public necessity). Remaining by right uses would be those as listed in Section 28.2.1 of the Zoning Ordinance for the following numbers: 1, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, and 23. Proffer to l~m~t development based on capacity of access road: Early in review, VDoT stated that this rezoning would increase traffic generation and that 'since Rt. 1570 is ~already in the State system and was not designed to accommodate traffic from this request, the Department recommends that access not be allowed to Rt. 1570 unless the road is upgraded as necessary because of this (rezoning).' In response the applicant has proffered 'to limit development of the property to not exceed the capacity of the access road until such time as the road is improved to accommodate the additional traffic generated by the added development of this rezoning.' Staff Comment: In the Comprehensive Plan, the Hollymead Community has been shown as the primary area for future industrial development. Currently, the only vacant land zoned for Heavy InduStrial develop- ment is in Northside Industrial Park and the PD-IP Airport Industrial Park. Increased HI zoning in this area would be a logical expansion. Staff recommends approval of this rezoning and acceptance of the applicant's proffers provided public utilities and other public uses are not expressly excluded." "August 24, 1987 Mr. Ron Keeler County of Albemarle County Office Building McIntire Road Charlottesville, VA 22901 Dear Ron: In conjunction with our request for rezoning of our property at the Northside Industrial Park, we would like to make the.following proffer in order to encourage the Board of Supervisors and the Planning Commission to favorably consider our application. Our proffer consists of several parts. They are: 1. In order to provide a tangible incentive for the extension of public sewer to this industrial property, but in recognition of the lack of same currently, we hereby proffer that prior to the installation of public sewer the uses that will be allowed will be those that do not require public sewer and which can be served by domestic septic fields. And further that the build- ings which will be constructed will have less t~an a total 225,000 square feet. ~ Subsequent to the installation of public sewer, const~ruction would be limited to an additional 225,000 square feet, or for iboth pre-public sewer and post-public sewer, a limit of approximately 450,000 square feet. We proffer to restrict the development of the property to the general outline of the master plan which has besn submitted as part of this rezoning application. We hereby proffer a restriction on the types of Uses of the property once it is zoned heavy industrial. The uses that will not be allowed on the property would include the following list: November 18, 1987 (Regular Night Meeting) (Page 5) 370 brick manufacturing; concrete mixing plants; manufacturing of sewage disposal systems; manufacturing and recycling of tires; petroleum, gasoline, natural gas and manufactured gas storage; sawmills; wood preserving operations; electric, gas, oil, water, sewage and communications facilities owned and operated by a public utility authority; public uses of buildings owned and/or operated by government agencies or water and sewer authorities. In the way of road improvements, we proffer to limit development of the property to not exceed the capacity of the access road until such time as the road is improved to accommodate the additional traffic generated by the added development of this rezoning. The capacity of the access road is that capacity which will accommodate the traffic from the contiguous proper- ties if fully developed under the existing rezoning. If you should have any questions regarding this proffer, please call me. Yours truly, (SIGNED) Blake Hurt President" Mr. Home said the Planning Commission, at its meeting on September 15, 1987, by a vote of 4-2, recommended approval of ZMA-87-11, subject to the above proffer as outlined in a letter to Mr. Ron Keeler, dated August 24, 1987, signed by Blake Hurt, President. This approval is made with the under- standing that the applicant will include nine acres already industrially zoned in the proffer and that the proffer not exclude public uses. Mr. Horne then presented the following two proffers dated September 18, 1987, from Blake Hurt, President, Republic Capital Corporation, to Mr. Ron Keeler, Planning Department, submitted~after the Planning Commission meeting. The Planning Commission did not review these proffers. "September 18, 1987 Mr. Ron Keeler Planning Department County of Albemarle County Office Building 401McIntire Road Charlottesville, Virginia 22901 Dear Ron: With respect to our proffer on the property adjacent to the Northside Industrial Park, I would like to provide you with written confirma- tion of the proffer amendment suggested at the meeting and agreed to by us. This amendment consists of two parts: We agree to add the nine acres of Parcel 32-22C to the 26 acres for the purpose of restricting the heavy industrial use that we have proffered on the 26 acres. On both the nine acres and the 26 acres we would amend our proffer to maintain the uses described, in the ordinance section 28.2.1.20 and 28.2.1.21. We would appreciate if you would incorporate these amendments to our proffer so that it is presented correctly to the Board of Supervisors at their meeting. Yours truly, (SIGNED) Blake Hurt President" 371 November 18~ 198i~ (Regular Night Meeting) (Page 6) "September 18, 1987 Mr. Ron Keeler Planning Department County of Albemarle County Office Building 401McIntire Road Charlottesville, VA 22901 Dear Ron: With respect to our rezoning application of 26 acres at the Northside Industrial Park, we have considered the concerns expressed by both the Planning Commission and neighbors. To incorporate these con- cerns, we would like to amend our proffer in order to soften the impact of this development on the Airport Acres residential neighbor- hood. We hope that these additions would be interpreted in a posi- tive light. The following items are added to our proffer of our rezoning request: 1. We will expand the undisturbed buffer area from the 30 foot width to the 50 foot width along all the lots at Airport Acres abutting the property. 2. We will provide twice the screening requirement stated in the ordinance for any disturbed area within 100 feet of the lots in Airport Acres. 3. No portion of the buildings will be within 200 feet of the lots of Airport Acres. 4. We will rearrange Phase I so that the first two!buildings to be constructed in this phase will be along State Route 1570 rather than parallel to Route 29N. We believe these additions to our proffer will be of benefit to our neighbors and are in keeping with the desires of the!Planning Commis- sion. Please note that we will also be in full compliance with all restrictions of noise, air and pollution requirements. Please call me if you have any questions about the wording or intent of these additions. Yours truly, (SIGNED) Blake Hurt President" Mr. Lindstrom asked the location of the nine acre parcel which was not a part of the original request and if that nine acres is suSject to the condi- tions of the applicant's Master Plan. Mr. Horne indicated the area on the Master Plan and replied yes, the nine acres are subject t~ the conditions as proffered although the nine acres is already zoned HI. Mr. Lindstrom said there was a parcel mentioned in the staff report and letters from citizens about the extent to which this parc~i would have to be graded to accommodate HI use, and he asked for a brief deSaription of the grading that would be necessary. Mr. Home said there wo~ld be a need for some extensive grading of the property in order to accomplish a relatively flat surface. Mr. Lindstrom said the area across from Airport Acres! Subdivision is at higher elevation as opposed to the frontage along Route 29iand asked if the visual ground buffer already there would remain. Mr. Home replied that he did not know and then described some of the plans for buffering. November 18, 1987 (Regular Night Meeting) (Page 7) 372 Mr. Way asked the differences in traffic projections by rezoning this property to HI as compared to the current R-1 zoning. Mr. Horne said although no total calculations have been done, there would be a significant increase in traffic generation, but that also depends on,how the property is graded. Mr. Way asked how much land in the county is zoned HI. Mr. Horne said the only land zoned HI in the County is Northside Industrial Park which is approximately 20 acres. Half of that 20 acres is undeveloped. There also are some acreages located in the PD-IP the University purchased which are desig- nated for HI use. Mr. Bain asked if the Master Plan presented to the Board tonight is the one referred to in the proffers. Mr. Home said the plan presented to the Board is intended by the applicant to be the Master Plan. Also, the Plan has been amended so as to correspond with the written proffers. Mr. Lindstrom asked about the impact grading would have on water sup- plies. Mr. Home said if soils flow directly toward someone's well there might be some infiltration, but from a grading aspect contamination of ground water is extremely remote. Mr. Lindstrom asked how septic systems would relate to water quality considering there is 225,000 sq. ft. and there is no way of knowing how many people will be using the system. Mr. Horne said the County relies on the State Health Department to accurately assess the level of discharge that is going to be coming from any particular development and ensure that adequate drainfield space is provided to handle the discharge. One of the proffers indicate that the type of waste would be domestic dis- charge from bathroom facilities only. Mr. Bain asked if this property would connect to the Camelot Plant with regard to sewer availability. Mr. Home replied no. The expanded capacity of the Camelot Plant has already been allocated to other properties in the area. In discussing this with the Albemarle County Service Authority and the Rivanna Water and Sewer Authority there most likely would be a force main along Route 29 from the Camelot Plant, which would act just as a collection point, and the force main would come south along Route 29 and discharge over Proffitt Road into the regional system. In addition, if this force main is placed in this area, it would be for a combination of domestic and industrial wastes and probably replace the treatment that takes place in the Camelot Plant. There being no further discussion, the Public hearing was opened. Mr. Blake Hurt, President of Republic Capital and the developer, addressed the Board. Mr. Hurt said he has pUrchased and plans to develop nine acres currently zoned HI in Northside Industrial Park. After purchasing the property, he realized that it did not have access to public sewer facilities. He feels that a HI zone should have public water and sewer. The Albemarle County Service Authority informed him that he would not have access to the Camelot Plant, but suggested that the developer extend the sewer line over Proffitt Road and conduct a pumping station there, at his expense. The cost for this would be between $200,000 and $300,000. After reviewing the project further, he decided that a project of nine acres would not be worth the investment to install public sewer. He thenpurchased and applied for rezoning of the property that surrounds the nine acres:. Mr. Hurt said a Master Plan, as presented to the Board tonight, was developed with plans to execute it in a way to minimize its impact on the neighborhood, as follows: (1) put the industrial buildings as close to Route 29 and as far into the developer's property aM possible; and (2) put the industrial buildings away from the edge of the developer's property that abuts Airport Acres and provide a buffer that is twice the required size. For information, the University's industrial park~ has a 50 foot buffer and he proposes 200 feet. He wanted to know the feelings of the residents of Airport Acres so for the last four weeks he has walked around the ~eighborhood asking everybody who would talk to him what their concerns are and explained his plans. The overwhelming concern is about water quality. !He cannot totally address the issue at this time, but he did contact the state Water Control Board and he asked them if grading would affect the groundlwater. A geologist from the State Water Control Board responded and stated that "as a general rule, site 373 November 18, 198~ (Regular Night Meeting) (Page 8) grading should have little if any adverse affect .... ". A concern of many residents was that he might put a chemical factory or a nuclear reactor on property. The type of tenants he is looking to attract are subcontractors or users of warehouse space that serve the local market. Mr. Hurt said he thinks one problem is that he has shown the completed plan which has frightened people because they think it will all be built at once. His plans are to build half of one of the small buildings each year at that rate it would take him 20 years to complete the project. There has been some confusion concerning the grading labeled on the original map, but that has been corrected at this time. There will only be a Z0 foot grade to accommodate the difference in grade between Route 29 and the back of the property and to hide the size of the buildings which are approximately 25 feet. Mr. Hurt presented to the Board pictures of the buildings he proposes to use. Again, his purpose is to attract good tenants. Mr. Hurt presented the Board with a petition from some residents of Airport Acres and the surrounding areas who do not oppose the rezoning. Mr. Hurt then addressed some issues raised by Mr. Good, who owns the lot adjacent to his property, in an edito:ial in the Daily Progress. !First, he has tried to counteract the affect of having industrial use beside residential property by providing a substantial buffer. Second, the proposed industrial use would change the character of the area in the long run, not the immediate future, because he plans to develop the property himself at a rate which will take 20 years to complete all development. He feels that this' development will increase the value of the residential properties. Fourth, he does not think his proposed use would pollute the ground water system, iHe would be very sensitive to any industrial pollution and is not interested in tenants with that requirement. Fifth, in terms of industrial property in the County, there are 17 acres of HI property in the County. He owns nine of those acres. p~operty is likely to be rezoned industrial at some time in the future anyway because it is surrounded on three sides by industrial property and it is unlikely that a residential subdivision would work there.~: As a developer, he has been encouraged to pay attention to the ComprehensiveI Plan with regard to land uses. The Plan identifies this area for industrial use. The property surrounds industrial uses and that is the use he proposes~ He has made restrictions so as not to have anything obnoxious and his~plans are to make an~ attractive industrial park. He feels that this would be a benefit to the local community and hopes that the Board will approve hisirequest. Mr. Lindstrom said as far as he is concerned, the biggest issue is the proximity to the residential area. Since the developer has proposed substan- tial buffering, he asked what circumstances other than by.~.natural occurrences would cause the removal of any intervening trees. Mr. Hurt said he had no plans to remove the trees, but there has been concern expressed that the leaves may fall off the trees and the buildings would be unsightly. In addition, the first 50 feet from his property line to the~beginning of any grading cannot be removed. Mr. Lindstrom commented that ~ith regard to the area to be graded and planted, since the project is proposed in stages, the planted area would-not'be very effective for a while and ~e asked if it would be possible for that entire area to either be left as is ~r graded to the existing grade along the property line that is the buffer~ The earth berm there would be very effective. He asked if it would alsoibe possible to add~ grade that would be above the buildings or at least at fl~or level. Mr. Hurt said that would be possible, but it is difficult to make predications on what to do when there is not an accurate topo available. He does not want to create a long buffer with a very sharp vertical drop which would encourage erosion. The slope now is gentle. He has no problem with the suggestion as long as he can bring a road to the buildings. He has tri~d to leave much of the ground undisturbed and an earth berm. Mr. Lindstrom asked if it would be possible t6 grade up an area to supplement the existing n~tural buffer. Mr. Hurt said he has no problem with that, but again without an accurate topo it is difficult for him to quantify that. Mr. Lindstrom said since this is proffered, Mr. Hurt could agree to maintain a buffer a~ the current tion of the undisturbed area as far back as possible. That would address one of his concerns. During site plan review, the Planning Cdmmission could determine how far back the berm should be established. M=.. Hurt said he had no problem with amending his proffer to read that a reasomable slope from the road will be maintained up to the current elevation to act as a buffer. November 18, 1987 (Regular Night Meeting) (Page 9) 374 Mr. Carroll Good, a resident of Airport Acres, addressed the Board. feels that rezoning of the property to HI should not be approved for the following reasons: --rezoning would allow HI land to be in direct connection with R-1 property; --rezoning would drastically change the character of the area, i.e., grading would reduce the elevation of the property from 580 feet to 540 and development would remove the large oak trees now on the property; --rezoning would convert 34 acres of open space to 10 acres of building area and 14 acres of road and parking~area; --the affect the development would have on individual wells and water supply and seepage of the septic system into the groundwater and under- ground streams; --additional land for industrial use is not required in the county, i.e., according to recent articles in the Daily Progress there are 708 acres of undeveloped land in the County, 290 acres in the Hollymead growth area; --with regard to University HI property behind the subdivision, the HI area is concentrated in the center with LI on the outer edges; --HI would generate six times the traffic generated by R-l; and--HI zoning of this property is not in agreement with the Comprehensive Plan, i.e., the Plan states on page 171: "Existing residential areas on the west side of Route 29 North in the northern portion of the community are recognized as residential areas on the land use Plan." If the Comprehensive Plan is to mean anything to the County, it should be followed. Mr. Good urged the Board to consider th~ impact this rezoning would have on the people in the Hollymead community, in ~.the County and the Route 29 North area by voting to deny approval of this zoning map amendment request. Mrs. Terry Bibb, a resident of Airport Acres, said she is concerned about the effect this rezoning would have on the resident's water supply. She already is limited on the amount she can use at one time and if this rezoning is approved, it would take more water from her supply. She is also concerned about deliveries by large trucks using Airport Road and would like to know if the County is prepared to commit to keeping Airport Road "up to par" if those trucks use the road. Mrs. Jean Jarvis, a ten year resident of' Airport Acres, said Airport Acres is not a transient neighborhood, but one where more than half of the residents have lived there for 20 to 25 years~ Allowing an industrial park to encroach 100 to 200 feet from a residential area would be a disservice to the subdivision and establish an unfortunate policy for future subdivisions. She feels that the request for rezoning should be denied for the following rea- sons: --it is inconsistent with the Comprehensive Plan; --there is land presently available in the County slated for HI; --the massive scale of buildings proposed are not in keeping with the neighborhood; --danger of contamination or depletion of groundwater and wells; --intensity of lights in the parking areas would be disruptive; and --increased noise level generated. Mrs, Jarvis said in a letter, dated October 22, 1987, to the residents, Mr. Hurt recognized the fact that adjacent residential lots are not well situated for this proposed facility. In closing she would like the Board to take these comments into consideration and would like each Board member to envision an industrial use being built 200 feet away from his/her home. Mrs. Pat Tate, a resident of Camelot Subdivision, next addressed the Board. She is concerned with school bus safety, the children in the subdivi- sion and the large trucks that would, be traveling the road. She is also concerned with the value this will have on their properties. In addition, if this rezoning is approved', there is no control over what can be put on the property. 375 November 18, 198~7 (Regular Night Meeting) (Page 10) Mrs. Nancy Holliday, a resident of Jefferson Village, presented petitions in opposition to the rezoning signed by 67 residents of Jefferson Village. Mr. Larry Taylor, a resident in the general vicinitY of Airport Acres, said he moved here three years ago and according to the Comprehensive Plan, the north was the place in which to move. HI seldom enhances the value of ones' property. He is concerned that there is no guarantee that an area R-1 will not remain R-1 even when there are residences there. Mr. Roy Patterson, a resident of Crozet, representing Citizens for Albemarle, said their views, in opposition to the rezoning, are expressed to the Board in a letter dated November 12, to the Chairman, from their Presi- dent, John Redick. Airport Acres has an atmosphere of quiet seclusion and privacy. The houses and lawns are attractive and are shaded by large mature trees. The terrain is hilly and worn, not flat and open. Citizens for Albmmarle does not oppose industrial development if it is properly located. He feels that there is ample land with industrial zoning that already exists in the general area of the airport and that this rezoning is not necessary. He urges the Board to reject the rezoning request. Mr. Gerald Heller, a resident of Hollymead Subdivision, said he opposes this rezoning request. He is not opposed to growth or businesses that will benefit the County. He does not feel there is a good reason to grant the request as there is plenty of undeveloped industrial land in the County. He also does not feel that land zoned HI should be next door to land zoned R-1 and a 200 foot barrier is not sufficient screening. The permitted uses for land zoned HI include automotive, farming construction and machinery products assembly, dry cleaning plants, machine shops, etc. The residents do not want to have their homes within 200 feet of these types of operations. He that if this request is approved the Board is sending a very strong signal to awl homeowners in Albemarle County that this is a warning~and it could happen to anyone. He strongly urges that the Board deny the request. Mr. Fred Gerke, President, Proffit Road Homeowners A~sociation, said he is~present in opposition to the rezoning for reasons stated previously. He a~so is concerned with the continued concentration of growth and development on. the Route 29 North Corridor and the increased traffic.~' The Homeowners Association urges the Board to deny the rezoning request, i Mr. Fritz Brittain, next addressed the Board. He handed to the Chairman a petition signed by residents of Deerwood Subdivision opposing the rezoning and summarized the previously stated reasons for denying the request. He asked everyone present in opposition to the petition to stand. There being no one else present to speak, the public!hearing was closed. At 8:46 P.M., the Chairman called a recess. The Board reconvened into open session at 8:55 P.M. ~ Mr. Bowie said this property lies is in his district.~ As a point of information, continued'references have been made to property zoned industrial not being used and not being developed and the reason for ithe property idle is because there are no utilities on the property. He has continuously opposed rezoning to industrial use property with no utiliCies because it then leaves more acreages of undeveloped landl This developer has submitted proffers, but the proffers do not really solve the problem. The proffers state that the property will not be developed until there ~are utilities. There have been a lot of comments concerning this rezonin§ in the news media, but he feels that the reasons for denial should be because Airport Acres is a very quiet, wooded and secluded subdivision. There is industrial development on all sides of the subdivision, but he feels that this pmoperty is too close to the subdivision. He feels that the intent of leaving ~he acreage immedi- ately north of Airport Acres as R-1 was to provide some k~nd of buffering for the residential area. He thinks the applicant has done eMerything he can in an attempt to meet the concerns and the needs of the residents. For the last six weeks he has been walking through many subdivisions i~ the County and the comment he has heard has been that if the Board allows this rezoning beside Airport Acres, then similar zonings can be allowed anywhere in the County. thinks that some rezoning of this land is inevitable, but cannot agree with 200 feet from the residential area. November 18, 1987 (Regular Night Meeting) (Page 11) 376 Mr. Lindstrom asked when a proffer has been submitted if it is possible to amend the proffer to include things that would have to do with design standards of buildings, assuming that the person who proffered was willing to amend his proffer to state such. Mr. St. John replied yes. Mr. Lindstrom said this is a difficult decision for him. Planning is not always simple to implement because it frequently runs counter to what people expect will happen and it imposes or allows uses to happen sometimes that people do not count on. Nevertheless, he has been committed and continues to be committed to the principle that one has to view applications not only on the basis of the facts that are presented at a public hearing, but in terms of the impact County-wide. He has been in favor of the Comprehensive Plan almost without exception since its formulation and he thinks it is important if the Board. expects to end up with a rational use of land throughout the County. This is a situation where the Plan, for at least the past five years, has indicated that this particular area would be used for industrial. He knows that there is a lot of land that is zoned industrial in the County, but there is little land zoned HI and he thinks that it is appropriate to recognize that the Plan does not just mean LI when it refers to industrial. He feels strongly that the Board needs to respect the Plan when there is an application in an area that is served by one of the best roadslin Albemarle County, Route 29, when it is close to sewer and water, when it~is close to a major transporta- tion facility like the Airport, and when it ~s surrounded on three sides by industrially zoned land. It is difficult to resist an application when in addition the Plan supports the rezoning. Mr. Lindstrom said he supports the rezoning, but is concerned specifically about the buffers and would like to see them. improved to minimize the impact on the subdivision. Secondly, there has been a representation both in writing and pictures about a general architectural style and he thinks that also would be appropriate as part of the proffer and he. would prefer that the applicant offer that as part of his proffer. Therefore, the eventual owner of the land will still be required to follow through with those items. Mr. Lindstrom said he has read the report from the State Water Control Board and he does not think the grading will'~interfere with well water sup- plies. There would also have to be public sewer for any additional sewage discharge. An issue that has not been mentioned is that industrial zoning in the County is governed by specific performance standards which require and regulate noise,, glare, air pollution, water pollution as set forth by the Code and enforced by the Zoning Administrator. While he recognizes that it is not ideal to have this kind of use adjoining a r~sidential area and this might be something the Board would prefer not to do, because the other infrastructure is there, the other zoning is there, and using the guidance of the Comprehen- sive Plan, he is inclined to support the rez6ning application if the proffers can be amended to respond to the concerns helraised. Mr. Way said this is a very difficult situation and he agrees with what Mr. Lindstrom just said concerning the plannSng process. Although the majority of the land surrounding it is zoned industrial, there is considerable room between the R-1 and the industrial. He has supported industrial development in the County, but does not feel that it is appropriate to put HI beside R-1. As a guide, if he objects to something being placed beside him, then he does not feel that it should be allowed somewhere else. He does not feel he can support the application because 200 feet is too close to a single family dwelling. ~ Mr. Bain said he believes in respectingithe Comprehensive Plan. This area certainly has not been looked at lightly and is not something that has been planned overnight. Even though he agrees that 200 feet is a relatively short distance between buildings and the property lines of the nearest property owners, there are a limited number who are that close. In addition, he thinks that the proffer the Board has been given tohight, in terms of the buffer of the hardwood trees and that is there currently will not be disturbed, provides a sufficient buffer for the uses proposed. He thinks one of the main reasons the area was looked at as industrial in the ~omprehensive Plan was because of its close proximity to the Airport, to attempt to keep major truck traffic running between the Airport and the industrial uses and not running all the way to the southern or eastern part of the C6unty. He can support the rezon- lng for those reasons. 377 November 18, 19817~(Regular Night Meeting) (Page 12) Mr. Bowie said, philosophically, that is correct, however, he cannot remember rezoning for even LI where the Board did not require some significant buffering between the industrial and the existing residential area.. If Board members will remember, there was an application for a small office building next to Deerwood. The Board required extensive buffering, restricted hours, restricted lighting, restricted placement and usage solely to reduce the impact on an existing subdivision. He feels that the people in Airport Acres deserve the same protection. Mr. Bowie then offered motion to deny ZMA-87-11. Hearing no second, the Chairman ruled that the motion was dead. Mr. Henley said he thinks it is important that the proffer be amended to include those things mentioned by Mr. Lindstrom. Mr. Lindstrom said the issues he raised would have to be voluntarily incorporated into the proffer which could be done verbally tonight by the applicant. He would suggest that it might be appropriate that the buffer area be housed in terms that would allow the Planning Commission to deal with the specific site plan. He would be interested in seeing an amendment to the proffer which would expand the buffer of existing vegetation as far as it could be expanded. His primary concern is to establish an earth berm that would be at the approximate current height or higher of the land at the residential property boundary as far into the property as it can be extended and still not exceed that 2:1 transition down to the edge of the surface road and allow room for the proper flow of water into the drainage facility. With respect to the design of the struc- tures, some photographs have been presented which essentially represent a one-story brick facade building. He hopes the applicant would be willing to proffer an amendment to incorporate a unified design for all of the buildings like the design of the building in the pictures with the sam~ facial treatment of brick and essentially of the same height. Mrs. Cooke said before she can support approval of this application, she would have to see the proffers in wr:iting with an explanation and agreement on the part of the applicant and until such time as those statements are in writing she is not prepared to support the application. ~ Mr. Hurt said he is willing to proffer to leave the area between the lot area and the road at its natural height until such point as is required on a 2:1 slope to bring it down to the road. If the slope removes some trees, he is willing to replant those to screen, or to plant them od top of the berm, whichever is appropriate. On the architectural issue, he'has no problem with preparing a plan of the features that would be included, iHe is not sure how to,put all of this orally without giving it a great deal of thought, but he can state that the plan will be developed uniformly in a manner that is i · cohesive. Mr. Lindstrom suggested deferring action until!something can be in writing. Mr. Hurt said he has no problem with that. ~ Mr. Lindstrom then offered motion to defer ZMA-87-11ito December 2, 1987, to allow the applicant an opportunity to amend his proffe~ in writing. Mr. Henley seconded the motion. Mr. Bowie said he does not support the applica- tion, so he will not support deferral. There being no further discussion, roll was called and the motion carried by the following r~corded vote: AYES: Mr. Bain, Mrs. Cooke Mr. Henley and Mr. Lindstrom.i NAYS: Mr. Bowie and Mr. Way. ~ Agenda Item No. 7. Landre International Limited. A~low warehouse facilities to be located on vacant 2.05874 acre parcel, zoned LI. Property located on south side of Broadway Street, approx. 500 feet from its inter- section with Franklin Street. Tax Map 77, Parcel 40M (part of). Scottsville District. (Advertised in the Daily Progress on November 3 and November 10, 1987.) Mr. Home presented the following staff report: "Proposal: To allow a warehouse use in LI, Light IndUstrial zone pursuant to Section 27.2.2.5 of the Albemarle County Zoning Ordinance on a 2.05874 acre parcel. Parcel is described as Taxj Map 77, Parcel 40M; is located on the southside of Route 1115 (Broadway Street), east of the Charlottesville City limits, near Woolen Mills; Scottsville Magisterial District. November 18, 1987 (Regular Night Meeting) (Page 13) 378 Existing Character of Arm~: Immediately adjacent east of the subject parcel is the site of Brunk Mechanical, (plumbing, heating, and air conditioning contractors). Other requests for special use permits for warehousing in LI zone along Broadway Street have been approved and are pending. All surrounding and adjacent properties are zoned LI, and are shown on the County Comprehensive Plan as Industrial Areas. Staff Comment: Applicant proposes to locate a 25,000 square foot, pre-engineered, metal span facility to be used for warehouse storage and small offices. Concrete loading blocks will be provided for trucking companies. The facility will provide general warehouse storage for currently undetermined tenants. Exact operations may vary with future turnover in tenants, and change of use permits will be required. It is anticipated that tractor trailers~and trucks will frequent the site. The Virginia Department of Transportation has commented that: 'This request should not generate any more traffic, however, the size and weights of the vehicles will probably be increased. Access to this property will probably be through the City of Charlottesville.' Applicant does not anticipate storage of any hazardous materials. the event that storage of such is proposed, provisions of Section 4.14 of the Zoning Ordinance would be enforced. In Currently the applicant does not anticipate the need for outdoor storage. Any future proposal of such would have to be reviewed and amended to the final site plan. Applicant has plans ready for submittal,i and is awaiting approval of this special use permit before proceeding. Staff Recommendation: This use isconsistent" with provisions of the Zoning Ordinance for special use permits in LI, Light Industrial zone, Section 27.2.2.5, allowing a warehouse use. It is consistent with existing and proposed land uses of !adjacent and surrounding properties. Staff is of the opinion that warehousin~ would not be an objection- able use in this area and is consistent ~ith current zoning and the County Comprehensive Plan. Staff recommends approval of SP-87-86 for warehousing in LI, Light Industrial zone subject to the following conditions: The Zoning Administrator will refer request for certificate of occupancy to the County Engineer to determine if an Engineer's Report is required when any certificate of occupancy for storage of any chemicals or hazardous materials is requested, pursuant to Section 4.14 of the County Zoning Ordinance." Mr. Horne said the Planning Commission, at its meeting on November 5, 1987, unanimously recommended approval of SP-87-86 subject to the condition as recommended by the staff. The public hearing was opened. Mr. Jack Chambers said the applicant is unable to be present tonight, but he is an associate of the applicant's and is present to convey that message. He has little knowledge of the proposal other than what is in the staff report. There being no one else present to speak, the public hearing was closed. Mr. Lindstrom offered motion to approve SP-87-86 subject to the following condition as recommended by the Planning Commission: 379 November 18, 1987 (Regular Night Meeting) (Page 14) 1. The Zoning Administrator will refer request for certificate of occupancy to the County Engineer to determine if an Engineer's Report is required when any certificate of occupancy for storage of any chemicals or hazardous materials is requested, pursuant to Section 4.14 of the County Zoning Ordinance. Mr. Henley seconded the motion. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Henley, Lindstrom and Way. NAYS: None. Agenda Item No. 8. ZMA-87-13. approx. 0.86 acres from C1 to HC. Road, approx. 800 feet west of intersection with Route 29. Parcels 10lA (part of) and 102. Charlottesville District. Daily Progress on November 3 and November 10, 1987.) Mr. Horne presented the following staff report: "Petition: Robert O'Neill petitions the Board of Supervisors to rezone approximately 0.86 acres from C-l, Commercial'to HC, Highway Commercial (PROFFER). Tax Map 45, Parcel 10lA (part.) and 102 (part). Tax Map 45, Parcel 105 is already zoned HC, Highway Commercial, and is included in the proffer in regard to usage and access. Properties are located in the northwest quadrant of Route 29 North and Rio Road with frontage on both roadways. Charlottesville Magisterial Dis- trict. Character of the Area: Parcel 105 consists of 2.839 acres and is situated between Wonder Bread and the new Colonial Pontiac dealership on Route 29 North. Parcels 101Aand 102 have frontage on Rio Road and in combination with 105 form an 'L' shaped site. Applicant's Proffer (See Attachment A): During discussion of this petition, transportation issues were identified as the main issue of public concern. The applicant has responded by offering proffers as to traffic generation (by land use) and access: 1. All properties zoned HC would (i.e., 3.7 acres) i~be limited in usage to self-storage warehouse facilities. (N6te: The proffer speaks to an intent to establish a 50,000 square foot building area however building area limitation is not specific.) Self- storage warehousing is a very low traffic generator as compared to other commercial uses; 2. Access to this property from Route 29 North is 6omplicated by existing access to the Wonder Bread site. The ~pplicant has obtained agreement with Wonder Bread to reconstruct and estab- lish joint access facilities in accordance with=~a design devel- oped by the Virginia Department of Transportati~ in 1978. Staff Comment: Development of this site adjacent to-Route 29 North will be limited by narrowness and usage of the northern portion for a joint stormwater detention facility serving this property and Colonial Pontiac. Screening of the self-storage facility from Route 29 North and adjoining properties will be addressed at time o~ site plan approval. Based on information submitted by the applicant and compared to an estimate provided by a local self sto~ge business, a 50,000 square foot storage facility would generate a~out~ 60 vehicle trips per day. Therefore, development of this site ~ith a self storage facility would represent a~substantia1 reduction in traffic generation as compared to other Highway Commercial us~s (i.e., ~1250 vehicle trips per day). Staff opinion is that the applicant's proffer adequately reflects the public interest. Staff recommends approval." Robert O'Neill. To rezone rear portion, Property located on northeast side of Rio Tax Map 45, (Advertised in th~ November 18, 1987 (Regular Night Meeting) (Page 15) ~ 380 "September 23, 1987 Mr. Ronald S. Keeler Chief of Planning Department of Planning and Community Development 401McIntire Road Charlottesville, Virginia 22901 RE: Rezoning application for a portion of Tax Map 45, Parcels 10lA and 102 Dear Mr. Keeler: Pursuant to our recent discussion it is our intention to develop the above property for use as a self storage facility of approximately 50,000 square feet of rentable space. A self storage facility by its nature is not a high traffic use. Our self storage facility in Fredericksburg, Westwood Self Storage Park, has approx~mmtely 54~000 square feet of rentable space. We are open from 8:00 in the morning until 7:00 in the evening. We have computer controlled access to the property during operating hours. Our computer records indicate that on an average 32 customers access the property per day. We would anticipate that our proposed facility on Route 29 would generate a similar amount of traffic. In accordance with our rezoning application we are submitting here- with the following proffers: That the portion of parcels 10lA an~d 102 which are the subject of the rezoning request from C-1 t~ HC will be used as a self storage facility, and further that ~arcel 105 which is currently zoned HC will also be used as a sellf storage facility. See attached plat (on file). 2. That the entrance to the self storage facility will be the joint entrance with the adjacent property owner (the Wonder Bread building), which was approved by the Highway Department in 1978. A copy of the design is attached (on file). If you require additional information please do not hesitate to call. Sincerely, (SZGNED) Robert C. O'Neill" Mr. Home said the Planning Commission, at its meeting on November 6, 1987, unanimously recommended denial of ZMA-87-13. Mr. Lindstrom asked if this is an extension of a warehouse facility already there. Mr. Home replied no; the property is presently vacant. Mr. Lindstrom commented that this rezoning would be consistent with the parcel. that fronts on Route 29, but the use would not necessa=ily be integrated with the front part of Parcel 105. Mr. Home replied that it would be. In discus- sions with the applicant, he has Stated that the much larger portion on the existing Parcel 105 will be developed as an i~tegrated self-storage or mini- warehouse facility. The primary purpose for the request to rezone the rear of the property is to provide additional area and provide a manageable shape to the rear of the parcel. Mr. Lindstrom asked if the parcels are now combined. Mr. Horne replied not at this-time. Mr. Lindstrom asked if there is any guarantee that Parcels 10lA and 102 will be developed in a uniform fashion. Mr. Horne replied no. Mr. Bain asked if it is correct to assume that the back portions of Parcel 10lA and 102 for zoning purposes are t6 be added to Parcel 105 so that they create one unit and the proffer is for self-storage units. Mr. Home replied yes. ~ 381 November 18, 198.~ (Regular Night Meeting) (Page 16) Mr. Way said the Planning Commission minutes indicate that the Commis- sion's main reason for denial was the feeling that there are enough mini- warehouses in the area. Mr. Horne said there was some feeling that the mini- warehouse use was inconsistent with the other uses in the neighborhood. Mr. Lindstrom said he also gathered from the minutes that it would be a waste of commercial zoning by converting to HC for that one particular use. Mr. Horne replied that is correct. Mr. Lindstrom asked if during site plan review, the Planning Commission has the ability to require something to ameliorate the affect of a massive mini-warehouse sitting out in the open. Mr. I{orne said he does not think the Gommission can require such. The public hearing was opened. Mr. George Gilliam, representing the applicant, addressed the Board. A petition was delivered to the Planning Commission signed by 47 business people in the Rio Road area. After speaking to some of the persons who signed the petition, it was determined that Ann Myers, the manager of U-Store It on Berkmar Drive, initiated the petition. She stated that the reason she was against this facility was because the entrance would be on Rio Road and add additional traffic to Rio Road. This request has nothing to do with Rio Road and many of the people who signed a petition did not know what is going on. He handed to the Board signed letter~ from those persons. He asked that the Board not consider the petition because of the misinformation. His client has amended his purchase contract and does not intend to buy the land on Rio Road so all of the Rio Road frontage will be undisturbed by this application. With the existing zoning on the portion that fronts on Route 29 this facility can be built. The reason that the applicant wants to acquire the land to the rear and rezone it is because he can do so at a lower density. It is the applicant's feeling that by granting this small rezoning there is no affect to Rio Road, there will be a less dense develop- ment and a more spread out piece of property by permittin~ it to go over onto the rear portion. Mr. Lindstrom asked if the remainder of the parcel that fronts on Rio Road is owned by one person. Mr. Gilliam replied yes. Mr. Lindstrom then asked the depth of the properties. Mr. t{orne said he would let him know. Mr. Robert O'Neill, the applicant, presented pictures~ to the Board of facilities he has built in Fredericksburg and would like ~o build on this property. The storage buildings will not be too visible ~ecause there is 90 feet of frontage and the property is L-shaped and goes !ibehind the Wonder Bread store. The actual storage buildings are concrete with a print on them so that they look brick with steel roofs and galvanized s~eel interior parti- tions. The primary storage is for household goods. Self-lstorage is a very low traffic generator. His businesses average about 30 viisits per day He then reiterated the proffers offered as outlined above an~ presented the Board with a tentative site plan. There being no one else present to speak, the public ihearing was closed. Mrs. Cooke said this property is in her district and ishe feels comfort- able with the application. One of the main concerns along Route 29 North is finding businesses to locate there that are low traffic generators. The opposition that was voiced to this was voiced under misinf?rmation and she thinks can/~scounted. She supports the application. Mrs. Cooke then motion to approve ?~MA-87-13 as proffered in letter (set out above) dated September 23, 1987, to Ronald S. Keeler, Chief of Planning, from Robert C. O'Neill with Attachments. 1 and 2, initialled by the Clerk and dated November 18, 1987. Mr. Bowie seconded the motion. · Mr. Horne said in response to Mr. Lindstrom's question the remaining portion is about 200 feet wide and 250 to 300 feet deep split into two sepa- rate portions. Mr. Lindstrom said the owner could apply fPr two separate uses. Mr. Horne replied yes, but if the applicant cannot meet the require- ments for a commercial entrance, the County is not obligated to provide a commercial entrance to each lot, but the applicant could g~t an entrance to a public roadway. Also the rear portions of Parcels 10lA an~ 102 start to slo~ into a gully so without severe grading of the back end of the properties it will be difficult to put much there. He is comfortable that the parcels will probably not be developed individually. There being no further discussion, roll was called and the motion carried by the following redorded vote: November 18, 1987 (Regular Night Meeting) (Page 17) 382 AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Henley, Lindstrom and Way. NAYS: None. Agenda Item No. 9. ZMA-87-14. Charles Hurt. To rezone 1.496 acres fr. CO to C-1. Property located on west side of Rio Road immediately adjacent to the Southern Railroad tracks. Tax Map 61, Parcel 153A. Rivanna District. (Advertised in the Daily Progress on November 3 and November 10, 1987.) Mr. Way presented the following letter dated November 16, 1987, from the applicant, requesting withdrawal: "Mr. Ron Keeler Albemarle County Planning Department 401McIntire Road Charlottesville, Virginia 22901 Dear Ron: We wish to withdraw our rezoning petition ZMA-87-14 which was recom- mended for denial by the Planning Commission on November 5, 1987. We recognize the potential safety hazard presented by lack of sight distance, but it is possible you will hear about this again. A Highway Department representative has indicated that sight distance may be claimed without replacing the railroad bridge. For now, however, the petition is dead. Sincerely, (SIGNED) Virginia H. D. Gardner Sales/Manager" Mr. Lindstrom offered motion to allow ZMA-87-14 to be withdrawn. Mr. Henley seconded the motion. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Henley, Lindstrom and Way. NAYS: None. Agenda Item No. 10. Discussion: Powell Creek Drive across the dam in Hollymead (Deferred from November 11, 1987). Mrs. Cooke stated that she abstains from discussion of this item because of a possible conflict of interest, but did not leave the room. Mr. Horne presented a map that shows the area of the existing Hollymead Subdivision, the lake, the area that is to be developed as Forest Lakes and the additional undeveloped area south of the Hollymeand school. Mr. Bowie said he had received one telephone call from a citizen who wanted to keep the road open. He does not think the County should maintain that dam just to allow a road to cross it. He has no problem with passing the responsibility onto the homeowners through a maintenance agreeanent. He is concerned about what to do with the Comprehensive Plan if the road is closed. and if the road can be reopened later if something works out. Mr. Home said until the Meadow Creek Parkway comes into existence he does not think there is any other way for residents to get back and forth except Route 29. Mr. Lindstrom said his understanding is that the Department of Transportation will not accept the road into the system unless the County takes the responsibility for the dam. Mr. Home said that is correct. Mr. St. John said the County would be the owner of the fee simple and current law does give the County sovereign immunity from downstream liability, Mr. Lindstrom commented that if the homeowners association were to take the responsibility, then the County could require them to carry a liability insurance policy. Mr. St. John said that is possible but the policy would have to indemnify the County. 383 November 18, 198~ (Regular Night Meeting) ~ (Page 18) Mr. Horne said he thinks the developer of. Forest Lakes intends to close that road if the Board does not want it open. Mr. Bowie said he has not changed his mind about taking on the responsibility. Mr. Lindstrom then offered motion that a letter be sent to the developer that the Board does not want the responsibility at this time and if the developer so desires, he may barricade the road at this time. Mr. Bowie seconded the motion. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowie, Henley, Lindstrom and Way. NAYS: None. ABSTAIN: Mrs. Cooke Agenda Item No. 11. Appointment: School Board - Samuel Miller District. Mr. Bain said he spent a lot of time interviewing applicants and found it to be an enjoyable experience. He feels that all of the applicants have good qualities. He then offered motion to appoint Mr. Clifford W. Haury as the Samuel Miller District representative on the School Board, his term to expire on December 31, 1989. Mr. Lindstrom seconded the motion. Roll was called the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Henley, Lindstrom and Way. NAYS: None. Agenda Item No. 12. Set Public Hearing on a Leaf Burning Ordinance for Berkeley Subdivision. Mr. Way commented that a petition has been received from the residents of Berkeley Subdivision requesting a leaf burning ordinance. Mrs. Cooke offered motion to set a public hearing for December 16, 1987, on an ordinance to prohibit leaf burning in Berkeley Subdivision. Mr. Lindstrom seconded the motion. Roll was called and the motion carried by the fo%lowing recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Henley, L{ndstrom and Way. NAYS: None. Agenda Item No. 13. Approval of Minutes: January 14, February 11, March 18 (Night), April 8 and July 8, 1987. Mr. Way read the minutes of January 14, 1987, pages ! - 9 (ending at #7) and found them to be in order with the following minute book correction. On Page 7, 8th paragraph from the top, last sentence, insert the word "in- tend", with the sentence to read: "Both of those things are clearly done in this subdivision plat and he does not intend to support i~." Mr. Lindstrom offered motion to approve the minutes Of January 14 as read. Mr. Bowie seconded the motion. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bowie, Mrs. Cooke, Messrs. Henley, Lindstromadd Way. NAYS: None. ABSTAIN: Mr. Bain. Agenda Item No. 14. Other Matters not listed on the Agenda from the Board and Public. Mr. St. John said there was an interesting argummnt ~efore the Virginia Supreme Court on Monday on the question of whether local l~nd use regulations, zoning ordinances and subdivision regulations apply at al~ when land is being divided by a court in a partition suit. He will inform the Board about the final opinion. November 18, i987 (Regular Night Meeting) 38Zi (Page 19) Mr. Bowie said last Monday and Tuesday he attended the Highway Depart- ment's Conference and brought back copies of the presentation. He said there has been a tremendous change throughout the entire state between the previous Commissioner and the current one, Mr. Pethtel. The presentation outlines the increases in money for the Culpeper District and what is being done to expe- dite road improvements. He has copies of the presentation to go in the files and for Board memhers if they want one. Agenda Item No. 15. Adjourn. There being no further business to come before the Board, the meeting was adjourned at 10:20 P.M.