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HomeMy WebLinkAbout1988-01-06January 6, 1988 (Regular Night Meaning) (Page 1) 468 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on January 6, 1988, beginning at 7:30 P.M., in Meeting Room #7, Second Floor, County Office Building, McIntire Road, Charlottesville, Virginia. The following certificate was received for the record: "F. R. Bowie, who was on the 3rd day of November 1987 duly elected a member of the Board of Supervisors of Albemarle County, Virginia, from the Rivanna District, Walter F. Perkins, who was duly elected a member of the Board of Supervisors of Albemarle County on the 3rd day of November 1987 from the White Hall District, and Peter T. Way, who was duly elected on the 3rd day of November 1987 as a member of the Board of Supervisors from the Scottsville District, for a term of fours years commencing on the 1st day of January 1988, on this the 19th day of December 1987 appeared in the Clerk's Office of the Circuit Court of the County of Albemarle and took and subscribed the oath of office prescribed by law as members of the Board of Supervisors of Albemarle County, Virginia. (Signed) Shelby J. Marshall Clerk, Circuit Court of Albemarle County" PRESENT: Messrs. Edward H. Bain, Jr. and F. R. Bowie, Mrs. Patricia H. Cooke, and Messrs. C. Timothy Lindstrom, Walter F. Perkins and Peter T. Way. ABSENT: None. OFFICERS PRESENT: County Executive, Mr~ Guy B. Agnor, Jr.; County Attorney, Mr. George R. St. John; and County Planner, Mr. John T. P. Home. Agenda Item No. 1. The meeting was called to order at 7:30 P.M. by Mr. Guy Agnor, acting as temporary Chairman. Agenda Item No. 2. Pledge of Allegiance. Agenda Item No. 3. Moment of Silence. Agenda Item No. 4. Election of Chairman. Motion was offered by Mr. Lindstrom and seconded by Mrs. Cooke to elec~ Mr. Way Chairman for Calendar Year 1988. Mr. Bain moved to close the nominations; Mr. Bowie seconded by the motion. There was no further discussion. R~ll was called and the motion carried by the following recorded vote: ~ AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom and Perkins. NAYS: None. ABSTAINING: Mr. Way. Mr. Agnor then turned the meeting over to the Chairman, Mr. Way, who thanked his colleagues for electing him to this position. He said he would do his best during the coming year, and said all members should feel free to make suggestions concerning his performance. Agenda Item No. 5. Election of Vice-Chairman. Motion was offered by Mr. Lindstrom and seconded by Mr. Bain to elect Mrs. Cooke Vice-Chairman for 1988. There was no further discussion. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowie, Lindstrom, Perkins and Way. NAYS: None. ABSTAINING: Mrs. Cooke. Mrs. Cooke thanked the other Board members for giving her the opportunity to serve in this capacity. She said she will do the job to the best of her ability. 469 January 6, 1988 (Regular Night Meeting) (Page 2) Agenda Item No. 6. Appointment of Clerk and Deputy Clerk. Motion was offered by Mr. Lindstrom and seconded by Mrs. Cooke to appoint Miss Lettie E. Neher, Clerk and Mrs. Ella W. Carey, Deputy Clerk, for 1988. There was no further discussion. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. Agenda Item No. 7. Set Meeting Times, Dates and Places for Calendar Year 1988. Motion was offered by Mr. Lindstrom and seconded by Mr. Bain to adopt the same meetings days and times currently in use: the first and third Wednesday at 7:30 P.M., and the second Wednesday at 9:00 A.M., in the County Office Building. There was no further discussion. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. Agenda Item No. 8. Set Dates for Hearing Zoning Text Amendments Requested by Citizens. Motion was offered by Mr. Lindstrom and seconded by Mr. Bain to set the first meeting in June and the first meeting in December, 1988, for hearing the amendments. There was no further discussion. Roll was called and the motion carried by the following recorded vOte: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Lindstrom~ Perkins and Way. NAYS: None. Agenda Item No. 9. Rules of Procedure, Adoption of. Motion was offered by Mr. Lindstrom and seconded by Mrs. Cooke to readopt the same rules used last year. Mr. Way said the Board members have discussed the advisability of limit- ing the number of terms a person can serve as Chairman. Mr. Lindstrom said he believes the Board could do that without having a rule. Mrs. Cooke said she has always thought it was a good idea to move the Chairmanship around. She said she believes the Board already has that discretion as an option. Mr. St. John said he believes such a rule would be contrary to State Statute. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Lindstrom~ Perkins and Way. NAYS: None. Agenda Item No. 10. Appointments: a) Alcohol Safety Action Cox~ittee. MOtion was made by Mr. Lindstrom and seconded by Mrs. Cooke to appoint Chief Frank Johnstone to replace Judge Paul Peatross to a term expiring January 1, 1989. There Bas no further discussion. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. b) Jail Board. Motion was offered by Mr. Lindstrom and seconded by Mrs. Cooke to appoint Mr. Bowie to the Jail Board for a term to expire on December 31, 1991. There was no further discussion. Rol~ was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. ABSTAINING: Mr. Bowim. January 6, 1988 (Regular Night Mee~ing) (Page 3) (Note: At 7:45 P.M., Mr. St. John left the room. P.M.) 470 He returned at 7:50 c) Metropolitan Planning Organization. Motion was offered by Mr. Lindstrom and seconded by Mrs. Cooke to reappoint Mr. Bowie to the Metro- politan Planning Organization. There was no further discussion. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. ABSTAINING: Mr. Bowie. d) Planning Commission. Motion was offered by Mrs. Cooke and seconded by Mr. Lindstrom to reappoint Mr. Timothy M. Michel as the At-large member, with a term to expire December 31, 1989. There was no further discussion. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. Motion was offered by Mr. Bowie and seconded by Mr. Lindstrom to reap- point Mr. Richard F. Gould as the Rivanna District representative, with a term to expire December 31, 1991. Motion was offered by Mr. Perkins and s~conded by Mr. Bain to appoint Mr. Thomas H. 3enkins as the White Hall District representative, with a term to expire December 31, 1991. Motion was made by Mr. Bowie and seconded by Mrs. Cooke to reappoint Mr. Harry F. Wilkerson as the Scottsville District representative, with a term to expire December 31, 1991. There was no further discussion. Roll was called on the above three appointments and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. e) Planning District Commission. Motion was offered by Mr. Lindstrom and seconded by Mrs. Cooke to appoint Messrs,! Bain and Bowie as the Board's representatives to the Planning District Commission. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messcs. Lindstrom, Perkins and Way. NAYS: None. f) Properties Committee. Motion was Offered by Mr. Lindstrom and seconded by Mr. Bain to appoint Messrs. Bowie and Perkins as the Board's representatives to the Properties Committee. There was no further discussion. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Bain, Mr. Bowie (voting for Mr. Perkins), Mrs. Cooke, Messrs. Lindstrom, Perkins (voting for Mr. Bowie) and Way. None. g) School Board. Motion was offered by Mr. Bowie and seconded by Mr. Bain to reappoint Mrs. Sharon Wood as the Rivanna District representative with the term to expire on December 31, 1991. Motion was offered by Mr. Perkins and s~conded by Mr. Bain to appoint Mr. William W. Finley as the White Hall District representative with the term to expire on December 31, 1991. 471 January 6, 1988 (Regular Night Meeting) (Page 4) Mr. Way recommended the reappointment of Mr. Forrest R. Marshall, Jr., to represent Scottsville District with the term to expire on December 31, 1991. Mrs. Cooke gave second. Roll was called and the above motions carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. h) Social Services Board. Mr. Way recommended the reappointment of Mr. Theodore N. Gardner to represent the Scottsville District for a term to expire December 31, 1991. Mr. Bowie gave second. Motion was offered by Mr. Perkins and seconded by Mrs. Cooke to reappoint Mrs. Doris Sandridge Davis to represent the White Hall District for a term to expire on December 31, 1991. Roll was called and both motions carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. i) Transportation Safety Committee. Motion was offered by Mr. Lindstrom and seconded by Mr. Bain to reappoint Mrs. Cooke for a term to expire December 31, 1991. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowie, Lindstrom, Perkins and Way. NAYS: None. ABSTAINING: Mrs. Cooke. j) Board Member Committee Appointments. Agricultural/Forestal District Advisory C~mittee. Motion was offered by Mr. Bowie and seconded by Mr. Bain to appoint Mr. Perkins to this committee. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom and Way. NAYS: None. ABSTAINING: Mr. Perkins. Audit Committee. Motion was offered by Mr. Bain and ~seconded by Mrs. Cooke to appoint Messrs. Bowie and Perkins to this committee. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. Clean Community Commission. Motion was offered by Mr. Lindstrom and seconded by Mr. Bowie to reappoint Mrs. Cooke. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowie, Lindstrom, Perkins and Way. NAYS: None. ABSTAINING: Mrs. Cooke. Coumty Office Building Beautification Committee. Motion was offered by Mr. Bain and seconded by Mr. Lindstrom to appoint Mrs. Cooke to this commit- tee. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowie, Lindstrom, Perkins and Way. NAYS: None. ABSTAINING: Mrs. Cooke. January 6, 1988 (Regular Night Meaning) (Page 5) 472 Crozet School Site Selection Committee. Motion was offered by Mr. Lindstrom and seconded by Mr. Bain to appoint Mr. Perkins to the committee. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom and Way. NAYS: None. ABSTAINING: Mr. Perkins. City]County/University of Virginia Highway Com~ttee. Motion was offered by Mr. Bain and seconded by Mrs. Cooke to appoint Messrs. Lindstrom and Bowie to the committee. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. JAUNT Board of Directors. Motion was offered by Mr. Lindstrom and seconded by Mrs. Cooke to appoint Mr. Way to a term to expire on September 30, 1990. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. Library Budget Committee. Motion was offered by Mrs. Cooke and seconded by Mr. Bowie to appoint Mr. Way to the committee. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. Piedmont Job Training PolicyBoard. Motion was offered by Mrs. Cooke and seconded by Mr. Bain to appoint Mr. Bowie to the committee. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mrs. Cooke, Messrs. Lindstrqm, Perkins and Way. NAYS: None. ABSTAINING: Mr. Bowie. City/County/University of Virginia Planning and Coordination Council (PACC). Motion was offered by Mr. Bain and Seconded by Mrs. Cooke to appoint Mr. Lindstrom and Mr. Way to this committee. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, M~ssrs. Lindstrom, Perkins and Way. NAYS: None. ~ Visitors Bureau Study Committee. Motioni was offered by Mrs. Cooke and seconded by Mr.' Bowie to appoint Mr. Bain and~ Mr. Way to the committee. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. Agenda Item No. 11. SP-87-95. Top 100 Music & Video, Inc. For a drive-in window on 2.23 acres zoned HC. Property on south side of Route 649 about 1/10 mile west of Route 29 North (deferred from December 16, 1987). Mr. Horne presented the following staff report: "Petition: Top 100 Music and Video, Inc~ petitions the Board of Supervisors to issue a special use permit for a DRIVE-IN WINDOW (24.2.2.(13)) for retail sales/rental of video/musical merchandise on 2.23 acres zoned HC, Highway Commercial. Property, described as Tax Map 32, Parcel 41D (part), is the site of Team Tires located on the south side of Route 649 (Airport Road) approximately 0.1 mile west of Route 29. Rivanna Magisterial District. i Character of the Area: This property is presently built with a one-story 5,000 square foot tire sales and service facility served by 4 7 3 January 6, 1988 (Regular Night Meeting) (Page 6) seven parking spaces. The 6.53 acre residue portion of this parcel (south of the subject site) is zoned RA, Rural Areas. Property adjacent to the east zoned C-i, Commercial, is developed with Maupin's Grocery. Property adjacent to the west zoned RA, Rural Areas, is developed with one dwelling unit. Applicant's Proposal: The drive-up window service is proposed at a new 320 square foot (16 foot by 20 foot) structure to be located on the west side of the Team Tires building. The existing entrance is proposed for joint ingress/egress. A by-pass lane and five parking spaces are proposed. The 50 foot building setback and 20 foot buffer zone adjacent to residential property (21.7.2 and 21.7.3) are pro- posed to be maintained. Staff Comment A special use permit is required for this business since it involves a drive-in window. A special use permit was approved by the Board of Supervisors on April 3, 1985, for the Top 100 business on Hydraulic Road at its intersection with Georgetown Road. Staff review has focused on the drive-in window aspect of the use (i.e. access/circulation and hours of operation). Access to this proposal is through the existing 40 foot commercial entrance with right turn and taper lane. While the width of ultimate right-of-way for Route 649 is not specified in the CATS study or Comprehensive Plan, the Virginia Department of Transportation long range plans recommend a total of 110 feet of right-of-way for a four lane divided highway. In conjunction with the April 24, 1984, Plan- ning Commission approval of the Team Tires site plan~ 33 feet from centerline of Route 649 was dedicated and an additional 12 feet reserved. The upgrading of RoUte 649 is not in the present Six-Year Plan. Turn lanes on Route 29 at Route 649 are in the present Six- Year Primary Plan. Regarding circulation, neither the Virginia Department of Transporta- tion nor staff have substantial objection to the oneTway pattern proposed. Staff supports this circulation pattern which combines both uses on the site as safe and convenient access. The applicant proposes similar hours to their other locations (8:00 p.m. on weekdays and 10:00 p.m. Friday and Saturday)~ however, he would like the option of extending hours to 11:00 p.m. on certain days. A double row of evergreen trees (planted for %eam Tires) will provide screening to the west, and the existing wood~ screen to the south. : Staff recommends approval subject to the following conditions: 1. Development in general accordance with the site~plan dated October 26, 1987." Mr. Horne said the Planning Commission heard the reqUest at its Decem- ber 1, 1987, meeting and unanimously recommended approval.! Mr. Way opened the public hearing. The applicant wa~ present, but did not wish to speak to this request. Since no one else pres!ent wished to address the request, Mr~ Way closed the public hearing and placed the matter before the Board. ~ Mr. Bowie said he was concerned about the applicant'~ request to extend the hours of operation to 11:00 P.M. on certain days. He ~hinks the lateness of the hour might cause problems for the nearby residential neighborhood. Motion was offered by Mr. Bowie and seconded by Mrs. Cooke to approve SP-87-95 with the condition of the Planning Commission and! a second condition, reading "Hours of operation: 8:00 P.M. on weekdays and 10:00 P.M. on Friday January 6, 1988 (Regular Night Meaning) (Page 7) and Saturday." There was no further discussion.. motion carried by the following recorded vote: AYES: NAYS: 474 Roll was called and the Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. None. Agenda Item No. 12. ZTA-87-12. County Scenic Highway Designation for Old Garth, Garth/White Hall Roads (deferred from December 2, 1987). Mr. Horne said the discussion at the last meeting had lead the staff to believe that the Board no longer wished to consider the "21 Curves" portion of Old Garth Road for the designation of County~scenic highway. Therefore, Mr. Horne said, he will speak only on Garth Road, from the Ivy Creek Bridge to White Hall Road. There are 193 parcels with frontage along this roadway, owned by 137 residents. He said the staff received on petitions 57 signatures for the designation and 45 signatures against the designation. Eleven people, he said, signed both petitions, so a more accurate count might be 46 for and 34 against the designation. In terms of parcels, the owners of 69 parcels favored the designation~ the owners of 48 opposed the designation. Mr. Horne said the staff also measured the total road frontage of owners signing for the petition as opposed to those signing against it. Of the 16.56 miles of road frontage owned by people signing the petitions, residents in favor of the designation own 7.58 miles of road frontage property; residents opposing the designation own 4.11 miles of property fronting the road. Mr. Home pointed to the map and explained that the blue areas lwere owned by opponents to the designation and the green areas by advocates ifor the designation. Mr. Way reopened the public hearing and~iasked that those who Wished to speak not repeat what was said during the laMt public hearing on this designa- tion. ~ Mr. Ed Bauer, a resident of White Hall,,iaddreSsed the Board. He said he has talked with about six of his neighbors, all of whom regularly drive the entire length of Garth Road, and they all fagoted the designation. He said he thought his findings would be true of everyone who travels this road regu- larly. Mr. John English said he wanted to know how the number of parcels owned by opponents to the designation dropped from ~63 to 48. Mr. English said these signatures were collected with the utmost care and Mr. Perkins verified the results. He asked that Mr. Horne check the petitions once again. Mr. Craig Van de Castle said he thinks the designation should be more important than a "popularity contest". He compared the designation to a decision to rezone, which may have opponents,~ yet still be in the County's best interests. Since there was no one else who wished to speak to the designation, Mr. Way closed the public hearing and placed the matter before the Board. Mrs. Cooke asked if only citizens who owned property fronting Garth Road were counted on the petition. Mr. Horne said "yes". Mr. Perkins said he was opposed to the designation because it would infringe upon the rights of property owners along this road. Of course, he said, these property owners could get variances. But, he said, an increase in the requests for variances could lead to an increase in the size of the County government and he does not want to see that happen. He said Garth Road will continue to be a scenic road, without being so designated. Motion was offered by Mr. Perkins that Garth Road not be designated a County Scenic Highway. Mr. Bowie said the Board is considering whether to place substantial restrictions on the property along this road. He said he also counted 60 signatures against the designation and does n~t understand the difference between his count and that of Mr. Horne. He said he believes more property owners along Garth Road opposed the designation than favored it, and he thinks 475 January 6, 1988 (Regular Night Meeting) (Page 8) the will of the property owners should determine this issue, rather than the will of the people who travel this road. Mr. Bowie seconded the motion. Mr. Way said he also feels the designation may encroach upon the rights of property owners. He said he will support the motion. At the last meeting, Mr. Lindstrom said, he believes some members of the Board indicated that the numbers of people for and against the petition would be an important factor in their decision. He said the numbers did not come out in favor of the position certain Board members took; therefore, the numbers are no longer relevant. He said the designation is supported by the Planning Commission, by the staff and by a ~ajority of the people who own property fronting on Garth Road. The designation is also consistent with the Comprehensive Plan. He said he suspects the opponents of the designation have less to lose than some of the advocates who own large tracts of undeveloped land. Those who own land along this road that has already been platted will not be affected, he said. Nor does he think many owners will need variances, since there are not many small lots along this road. Mr. Bain said he does not think the designation would result in a signif- icant loss of property rights. Whatever encroachment there may be should be weighed against the benefits the designation would bring to the public. He said he supports the designation. Mrs. Cooke said she is concerned that Garth Road could suffer the same over-development as U. S. Route 29 North, to a degree that would change the character of the area along Garth Road. She said she supports the designa- tion. There was no further discussion. Roll was called and the motion was defeated by the following tied vote: AYES: Messrs. Bowie, Perkins and Way. NAYS: Mr. Bain, Mrs. Cooke and Mr. Lindstrom. Mr. Lindstrom asked Mr. St. John if the Board could reduce the length of the road to be declared a scenic highway without re-advertising. Mr. Lindstrom said most of the opposition appeared to come from property owners west of Millington Road. He said he thinks it would benefit the public to designate the portion of highway between Old Garth Road and Millington Road as a County scenic highway, even if the whole of Garth Road could not be so designated. Mr. Perkins said he could not support designating even a shortened section of Garth Road. Mr. Way said he could not support it, either. Motion was offered by Mr. Lindstrom and seconded by Mrs. Cooke to desig- nate as a County Scenic Highway the part of Garth Road from "21 Curves" to Old Garth Road and the MechumRiver. i Mr. Bowie said there has been significant opposition!against the designa- tion from the beginning. He will not say he could never ~upport designating a shorter length of Garth Road, but he will not support it ~onight. There was no further discussion. Roll was called an~ the motion failed by the following tied vote: ~ AYES: Mr. Bain, Mrs. Cooke and Mr. Lindstrom. NAYS: Messrs. Bowie, Perkins and Way. Agenda Item No. 13. Inc. for tax exemption. December 29, 1987.) Public Hearing: Request from the Senior Center, (Advertised in the Daily Progress on December 22 and Mr. Agnor presented the following memorandum, dated December 29, 1987: January 6, 1988 (Regular Night Mea'~ing) (Page 9) 476 "The Code of Virginia provides for property tax exemption by designa- tion of the General Assembly, or by classification of the property. The Senior Center is seeking the designation process, since the classification process would not provide the exemption. Staff has examined the designated agencies which receive tax exemp- tion in Albemarle County, and found three, i.e., the Thomas Jefferson Memorial Foundation, Inc., the posts of the Veterans of Foreign Wars, and the Nature Conservancy. Staff also reviewed properties which are exempt via their classifica- tion as religious, charitable, educational and others, which includes fire departments, rescue squads, alumni associations, private ceme- teries, museums, etc. There are 348 properties in the County exempt by this process, 260 of which are the religious classification. A computer printout of these 348 properties is available if you wish to examine the properties involved. For the public hearing on the Senior Center, Inc. request, in addi- tion to providing an opportunity for citizens to be heard, the State code requires the Board to consider the following questions: Whether the organization is exempt from taxation pursuant to §501(c) of the Internal Revenue Code of 1954; Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Alco- holic Beverage Control Board to such organization, for use on such property; Whether any director or officer of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director or officer actually renders; Whether any part of the net ea~rnings of such organization inures to the benefit of any ilndividual, and whether any significant portion of the service provided by such organi- zation is generated by funds meceived from donations, contributions or local, state.or federal grants. As used in this subsection, donations !shall include the providing of personal services or the cohtribution of in-kind or other material services; Whether the organization provides services for the common good of the public; ~ Whether a substantial part of the activities of the organi- zation involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organi- zation participates in, or intervenes in, any political campaign on behalf of any candidate for public office; No rule, regulation, policy, or practice of the organiza- tion discriminates on the basis of religious conviction, race, color, sex or national origin; and o Any other criteria, facts and circumstances which the governing body deems pertinent to the adoption of such resolution. The Senior Center addressed responses to these questions in their request for your support of their being designated as being exempt from payment of property taxes." Mr. Agnor said the Senior Center is exempt from taxation according to Section 501(c) of the Internal Revenue Service. No current annual license for alcoholic beverages has been issued to the Center. No director or officer of the Senior Center is paid in excess of a reasonable allowance for salaries. 477 JanUary 6, 1988 (Regular Night Meeting) (Page 10) Mr. Agnor said members of the Senior Center Board were not compensated; the staff is paid by the United Way and other contributions. He said the Center is a non-profit, charitable organization for the people 55 years of age and older. The Center's activities do not emphasize political involvement. Membership in the Center is open to people 55 and older, regardless of reli- gion, race, color, sex, or national origin. Mr. Way opened the public hearing and asked Mr. Alva Johnson, President, Board of Directors for the Senior Center, if he would like to address this matter. Mr. Johnson said the Senior Center needs a larger facility. The Center has the chance to acquire property in the County and a substantial donation along with the land. He asked that the Board endorse legislation to grant a tax exemption for the Senior Center. Since there was no one else present who wished to speak to this issue, Mr. Way closed the public hearing and placed the matter before the Board. Motion was made by Mr. Lindstrom and seconded by Mr. Perkins to adopt the following resolution endorsing that the Senior Center be exempted from County taxes. There was no further discussion. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. WHEREAS, the Senior Center has asked this Board to endorse an amendment to Title 58.1 of the Code of Virginia granting the Senior Center exemption from certain state and local taxes; and WHEREAS, the Senior Center is a nonprofit corporation organized to provide a community focal point on aging; and WHEREAS, this Board has considered, at a public hearing duly advertised as required by Section 30-19.04 of the Virginia Code, held on January 6, 1988, whether property of the Senior Center should be exempt from taxation; and WHEREAS, this Board finds that the Senior Center: 1) Has been exempt from federal taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1954; 2) Holds no current license from the Alcoholic Beverage Control Board; 3) Pays no compensation to any officer or director in excess of reasonable allowance for services rendered; 4) Does not distribute any part of its net earnings to any individual. All funds come from the United Way, fund- raising activities and dues; 5) Provides services for the common good of the public; 6) Does not carry on any political activity; 7) Has no rule, regulation, policy or practice discriminating on the basis of religious conviction, race,~ color, sex, or national origin; NOW, THEREFORE, BE IT RESOLVED that the Board o~ Supervisors of Albemarle County, Virginia hereby endorses, supports ~!and approves the adoption of an amendment to Title 58.1 of the Code ofl Virginia exempting property of the Senior Center located in the County of Albemarle from state and local taxation; and ? January 6, 1988 (Regular Night Meeting) (Page 11) 478 BE IT FURTHER RESOLVED that the Clerk of the Board is directed to convey certified copies of this resolution to the members of the General Assembly representing Albemarle County. Agenda Item No. 14. Public Hearing: An Ordinance to Amend and Reenact Section 2.1-4, Chapter 2.1 of the Albemarle County Code creating the Jacobs Run Agricultural/Forestal District. (Advertised in the Daily Progress on December 22 and 29, 1987). Mr. Home said there was some question about when this district would be first reviewed. The applicants had requested that eight years pass before the district was reviewed; the Planning Commission and staff recommended six years. The Board chose to follow the recommendation of the staff and Planning Commission. Under State law, Mr. Horne continued, the applicants must be notified and a public hearing held if the Board amends an agricultural/ forestal district. Mr. Way opened the public hearing. Since there was no one present who wished to address this matter, Mr. Way closed the public hearing and placed the matter before the Board. Motion was offered by Mr. Lindstrom and seconded by Mr. Bowie to adopt the following ordinance. BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Section 2.1-4 of the Code of Albemarle be, and the same hereby is, amended by the addition'of a subsection (i) to be known as the "Jacobs Run Agricultural/Forestal District," as follows: (i) The district known as the "Jacobs Run Agricultural and Forestal District" consists of the foll6wing described properties: Tax Map 18, parcels 40, 40F; Tax Map 19, parcels 25, 25A; Tax Map 20, parcel 7A; Tax Map 31, parcels 16, 16B, 44C, 45 (part), 45B, 45C. This district shall be reviewed no more than six years from the date of its creation on January 6, 1988. There was no further discussion. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. Agenda Item No. 15. SP-87-96. Dunlora Development. Request in accor- dance with Section 30.3.5.2.2 of the Zoning Ordinance for a special use permit to allow the installation of fill and a culvert in the floodway fringe of the Rivanna River. Property, described as Tax Map 62, Parcels 16 and 16B, is located on the east side of Rio Road approximately 2000 feet north of inter- section with Pen Park Road (Rt. 768). ZonedR-4, Residential. Rivanna Magisterial District. (Advertised in the Daily Progress on December 22 and December 29, 1987.) Mr. Home presented the following staff report: "Character of the Area: These parcels and the residue parcels of Dunlora (John B. Moon Estate) are undeveloped R-4, Residential. Large undeveloped parcels are also adjacent to the west, and Pen Park and River Run residential developments are adjacent to the south. This special use permit is sought to con:struct the road proposed with Dunlora Preliminary Plat, a proposed subdivision of 275 single family lots of a 0.38 acre average lot size. Town Brook, a tributary of the Rivanna River bisects the property, and is crossed by any access from the rear property to a state road, Rio Road. History: SP-85-95, John B. Moon, was approved by the Board of Supervisors on February 19, 1986, to permit minor grading for a private road proposed with Dunlora Preliminary Plat approved by the 479 January 6, 1988 (Regular Night Meeting) (Page 12) Planning Commission in July, 1985. This plat created six lots revised to five lots, with an average 92-acre lot size, served by the existing Dunlora Road. Staff Comment A recently enacted regulation, the Wetlands Act, may be applicable to the proposed fill for road construction. The applicant has contacted the Army Corps of Engineers, who have indicated that they will visit the site prior to the Planning Commission meeting for this petition to determine if a 404 permit is required. If applicable, issuance of this permit will be a condition of this special use permit. In accordance with staff comments, the preliminary plat was revised to shift the main collector road further west to a location further to the edge of the flood plain. Agency comments are as follows: Virginia Department of Transportation stated that they have no comments on the special use permit at this time. The traffic study, presently under review by the County Engineering Depart- ment will address the road design standard. The County Engineering Department comments: 'The road location chosen is one which was recommended by Engineering staff in order to minimize the impact on the flood plain. The location is on the outer edge of the flood plain fringe and should not impede~ any floodway flow within the Rivanna. The proposed roadway will,be placed at an elevation above the one hundred year flood plain so access to the development should not be restricted.' ~ This stream is not canoeable or otherwise of public interest. Staff recommends approval subject to the following: Road development in general accordance with the Dunlora Prelimi- nary Plat by Robert B. McKee and Associates dated October 1987, and with modification as may be required by Virginia Department of Transportation standards; 2. Compliance with the Wetlands Act, if applicable; County Engineer approval of construction activity in the flood plain in accordance with Section 30.3 Flood Hazard Overlay District." Mr. Home said the staff deleted No. 2 from. its recommended set of conditions, because the Wetlands Act was not applicable. 'He said the Planning Commission heard this request on December 15, 1987, and unanimously recom- mended approval with the two conditions. Mr. Way opened the public hearing and asked the applicant, Mr. Bob McKee, if he would like to speak to his application. Mr. Perkins asked Mr. McKee how big the culvert pipe would be. Mr. McKee said the size of the culvert had not been decided yet. ~ Ms. Tamara Vance, of the Piedmont Environmental Council, asked Mr. Home why the Wetlands Act did not apply to this application. Mr. Home said the Army Corps of Engineers visited the site and decided, as Che responsible federal agency, that the Wetlands Act did not apply to th~ Dunlora Develop- ment. ~ Since no one else wished to address this issue, Mr. ~y closed the public hearing and placed the matter before the Board. Motion was offered by Mr. Lindstrom and seconded by Mr. Bowie to approve SP-87-96 with the two conditions recommended by the Planning Commission. There was no further discussion. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. January 6, 1988 (Regular Night Me~ing) (Page 13) 480 (Note: The conditions of approval are as follows: Road development in general accordance with the Dunlora Preliminary Plat by Robert B. McKee and Associates dated October 1987, and with modification as may be required by the Virginia Department of Transportation standards; County engineer approval of construction activity in the flood plain in accordance with Section 30.3, Flood Hazard Overlay District.) Agenda Item No. 16. The Lickinghole Creek Impoundment Report. Mr. Way announced that this item had be~n deleted from the agenda. The report will be heard on January 13, 1988. Agenda Item No. 17. Consent Agenda. Motion was offered by Mr. Lindstrom and seconded by M. Bain to approve 17.5 and accept 17.1, 17.2, 17.3 and 17.4 of the Consent Agenda as information. There was no further discussion. Roll was called and the motion carried by the following recorded votes; AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. Item 17.1. Letter from Department of Transportation dated December 14, 1987, noting that State Farm Boulevard had b~en taken into the State Secondary System of Highways; was received as follows: "As requested in your resolution dated October 21, 1987, the follow- ing addition to the Secondary System of Albemarle County is hereby approved, effective December 14, 1987. ADDITION LENGTH PANTOPS Route 1117 (State Farm Boulevard) - From Route 250 to 0.52 mile Southwest Route 250 0.52 Mi." Item 17.2. Arbor Crest Apartments Monthly Bond Report for November, 1987; received as information. Item 17.3. A copy of the Planning Commission minutes for December 8, 1987, was received as information. Item 17.4. Copy of "Employment and Wages in Virginia, 4th QUarter, 1986" as prepared by the Virginia Employment CommisSion, Economic Information Services Division; received as information. Item 17.5. Request to take roads in Ivy:Oaks Subdivision into the State Secondary System of Highways was received from Craig Builders of Albemarle, Inc. The following resolution was adopted bythe vote set out above: 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 int6 the Secondary System of Highways, subject to final inspection and approval by the Resident Highway Department, the following roads in the Ivy Oaks Subdivision: Willow Oak Circle Beginning at station 10+09, a point common to the centerline of Willow Oak Circle and the edge of pavement of State Route 678, 481 January 6, 1988 (Regular Night Meeting) (Page 14) thence in a northeasterly direction 801.28 feet to station 18+10.28, the end of the cul-de-sac. Gray Fox Trail Beginning at station 10+09, a point common to the centerline of Gray Fox Trail and the edge of pavement of State Route 676, thence in a southerly direction 1,434.26 feet to station 24+43.26, the end of the cul-de-sac. Gray Fox Spur Beginning at station 10+10, a point common to the centerline of Gray Fox Spur and the edge of pavement of Gray Fox Trail, thence in a westerly direction 461.37 feet to station 14+71.37, the end of the cul-de-sac. Old Oaks Drive Beginning at station 10+09, a point common to the centerline of Old Oaks Drive and the edge of pavement of State Route 676, thence in a southeasterly direction 1,351.44 feet to station 23+60.44, 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 40 foot unobstructed right-of-way and drainage easement along these requested additions as recorded by plats in the Office of the Clerk of the Circuit Court of Albemarle County, as set out below: Willow Oak Circle: Deed Book 809, page 748, Dead Book 818, pages 86, 93 and 96, Deed Book 898, page 222, Deed Book 889, page 506, Deed Book 912, page 18, Deed Book 949, page 119, Deed Book 957, page 501, Deed Book 962, page 644, Deed Book 974, pages 78 and 443. Gray Fox Trail: Deed Book 809, page 748, Deed Book 818, pages 86, 93 and 96, Deed Book 835, page 728, Deed Book 844, page 401, Deed Book 847, page 357, Deed Book 855, page 717 and Deed Book 983, page 555. Gray Fox Spur: Deed Book 809, page 748, Deed Bo~k 818, pages 86, 93 and 96, and Deed Book 847, page 357. Old Oaks Drive: Deed Book 809, page 748, Deed Book 818, pages 86, 93 and 96, Deed Book 885, page 237, Deed Book 8B8, pages 169 and 180, and Deed Book 891, page 179. Agenda Item No. 18. Approval of Minutes: July 16, 1986; July 8 and August 19, 1987. ~ Mrs. Cooke said she had read the minutes for July 165 1986, and found them satisfactory. Mr. Bowie said he had read the minutes for August 19, 1987, and recommended their approval. Mr. Lindstrom said-he had read from Item 10 on page 17 to the end of the minutes for July 8, ~987, and found them satisfactory. Motion was offered by Mr. Bowie and seconded by Mr. Lindstrom to approve the minutes as read. There was no further discussion. Role was called and the motion carried by the following recorded vote: AYES: Mr. Bowie, Mrs. Cooke, Messrs. Lindstrom and Way. NAYS: None. ABSTAINING: Messrs. Bain and Perkins. Agenda Item No. 19. Other Matters Not Listed on the ~genda from the Public and Board Members. January 6, 1988 (Regular Night Meeting) (Page 15) 482 Mr. Lindstrom said he received a letter concerning the City/County investigation of alternative methods of solid waste disposal. The writer of the letter recommended source separation recycling as an option. Mr. Lindstrom gave a copy of the letter to Mr. Agnor. Mr. Bowie said he received this letter and wanted to know, if the infor mation was correct, why source separation recycling was not being considered. Mr. Agnor said he had referred the letter to Mr. Armm, County Engineer, who had already sent an answer. Basically, Mr. Agnor said, source separation recycling was considered, but under a different name. Agenda Item No. 20. Adjourn. At 9:15 P.M., motion was offered by Mr. Lindstrom and seconded by Mr. Bowie to adjourn. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and NAYS: None. 483