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HomeMy WebLinkAbout1987-02-04February 4, 1987 (Regular Night Meeting) (Page 1) 203 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on February 4, 1987 at 7:30 P.M., Meeting Room ~7, County Office Building, 401McIntire Road, Charlottesville, Virginia. BOARD MEMBERS PRESENT: Mr. F. R. Bowie, Mrs. Patricia H. Cooke, Messrs. Gerald E. Fisher, 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. Horne, Director of Planning and Community Development. Agenda Item No. 1. Chairman, Mr. Fisher. Call to Order. The meeting was called to order at 7:31 P.M. by the Agenda Item No. 2. Agenda Item No. 3. Pledge of Allegiance. Moment of Silence. Agenda Item No. 4. Consent Agenda. Agenda and Mr. Way seconded the motion. Mrs. Cooke offered motion to accept the Consent Mr. Fisher asked the Board members if any of them were planning to attend the Highway Department meeting in Culpeper on March 3, 1987. Mr. Bowie said he would try to go. The other Board members are unable to go because of prior commitments. There being no further discussion, roll was called and the motion carried with the following recorded vote: AYES: NAYS: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. None. Item 4.1. FY 87-88 County/City Revenue Sharing Agreement Computations. The following memorandum to the Board from the County Executive, dated January 30, 1987, summa- rizes the computations: "For your information, the computations for FY 87-88 of the above agreement have been completed, and agreed upon by the City Manager and this office, as called for in the Agreement. The amount from the formula computation is $2,417,318. The cap from the Agreement (10¢/$100 of the Real Estate Tax Base) is $2,277,953. The factors used in the formula are two years old (1985 factors), therefore the Real Estate Tax Base cap is the 1985 reassess- ment base. The payment in FY 87-88 will therefore be the $2,277,953 cap, an increase over FY 86-87 of $335,444, an increase of 17.27 percent. Without the cap, the increase would have been $474,809 or 24.44 percent. The payment in this current fiscal year was not controlled by the cap." Item 4.2. Report of the County Executive for the Month of November, 1986, was received in accordance with Virginia Code Section 15.1-602. A memorandum from Mr. Melvin A. Breeden, Director of Finance, to the County Executive, dated January 9, 1987, attached to the report compared actual revenues and expenditures to their respective budgets for the first five months of FY'84, '85 and '86 respectively. The following excerpts from the memorandum explain certain financial activities that are above normal for the period July 1, 1986 through November 30, 1986. "The County of Albemarle Financial Report for the period of July 1, 1986 through November 30, 1986 reveals normal activity in most all accounts. In the General Fund, Public Safety expenditures are above normal due to capital purchases and contributions to fire and rescue services. Parks Division is above normal due to normal summer part-time activities. In the School Fund, Bus Replacement is at 101% and Vehicle Insurance is at 156%. These two items account for the high expenditure level in the Pupil Transportation Function." Item 4.3. Letter dated January 26, 1987 from the Highway Department, Re: Notification of a General Information Meeting on March 3, 1987 at 10:00 A.M. in Culpeper. Because of prior commitments most of the Board will be unable to attend. Mr. Fisher will be present and Mr. Bowie will attempt to go. The letter of invitation from Mr. William Lo Bower, District Engineer, dated January 26, 1987, follows: "The Department of Transportation is scheduling a series of meetings with local governments across the state to be held in each district location. The purpose of these meetings will be to reemphasize and clarify the lines of communication between the Department and local governments concerning transportation matters. The Culpeper District meeting will be held on March 3, 1987 beginning at 10 a.m. at the Culpeper Holiday Inn on Route 29, business. A luncheon is planned for noon, to be followed by further topics on the agenda. February 4, 1987 (Regular Night Meeting) (Page 2) I am in the process of preparing an agenda of appropriate subjects or concerns for discussion by the group. Accelerating urban and secondary projects will certainly be one of our main concerns. You are cordially invited to attend and participate in our meeting. Commis- sioner Pethtel and several of his immediate staff will be in attendance to assist in addressing your concerns and briefing you on recent transportation issues. Please furnish me with a list of topics you would like discussed and also your acceptance of my invitation by February 16, 1987 if possible. I look forward to having you in attendance and I am sure the discussions will be beneficial as the Department moves into the 21st Century." Item 4.4. Letter dated January 23, 1987 from Senator Thomas J. Michie, Jr. and Delegate Mitchell Van Yahres, Re: Transient Occupancy Tax. A copy of the letter follows: "For your information, the Transient Occupancy Tax bills for Albemarle County have been filed without Delegate George Allen co-sponsoring these bills. As we told you when we met in Charlottesville, these bills would have a difficult time getting passed under the best of circumstances. As a local issue, it needs united support from our area representatives, so the lack of endorsement from George Allen greatly diminishes its chances of passage. We are in agreement that the Convention Bureau would be an asset to the economic development of our area. We are sorry that this project is in jeopardy." Agenda Item No. 5. SP-86-82. Caleb Stowe, Village Office Limited Partnership. For an indoor only commercial kennel on 1.041 acres zoned HC, Highway Commercial. Property located on northeast side of Berkmar Drive, approximately 1,300 feet northwest of the U. S. south- bound lane. Tax Map 61U-02, Parcel 4, Charlottesville District. (Advertised in the Daily Progress on January 20 and January 27, 1987.) Mrs. Cooke stated she would disqualify herself from hearing this agenda item because of a possible conflict of interest. She left the meeting at 7:35 P.M. Mr. Horne discussed the following staff report on SP-86-82: "Petition: Caleb Stowe and Village Office Limited Partnership petitions the Board of Supervisors to issue a special use permit for a COMMERCIAL KENNEL - INDOOR ONLY (24.2.2.11) on one acre of land zoned HC, Highway Commercial. The property is located on the northeast side of Berkmar Drive, approximate- ly 1,300 feet northwest of the U. S. 29 southbound lane. Tax Map 61U-02, Parcel 4. Charlottesville Magisterial District. The applicant is requesting this permit on behalf of Michael Cronk, who will be operating the kennel on this site. Character of the Area: The site is located approximately 250 feet from the closest residential area, which is Berkeley. All adjoining parcels are zoned with commercial designations (C-1 to the west and HC to the north, south and east of the site). A previous special use permit for a commercial kennel (SP-83-30) on Berkmar Drive was approved by the Board of Supervisors on July 6, 1983. Staff Comment: The applicant is proposing to locate a 4,500 square foot boarding and grooming kennel consisting of 86 indoor runs (this is a reduc- tion from 102 runs previously proposed), of which approximately 75 runs are for overnight boarding. The remaining are 'exercise' runs not to be used for overnight boarding. A small retail area is also proposed (20 feet by 20 feet). Under the supplementary regulations of the Zoning Ordinance (Section 5.1.11, Commercial kennel, veterinary, animal hospital), commercial kennels located closer than 500 feet to residentially zoned property must have all animals confined in a soundproof, air-conditioned building. Furthermore, noise measured at the nearest residential property shall not exceed 40 decibels. This property is surrounded by commercially zoned property (C-1 and HC). The nearest residential property is located approximately 250+ feet from the site. C-1 zoned property lies between this site and the residential proper- ty, most of which has been developed as office uses. This proposal was deferred by the Planning Commission on December 2, 1986, until a certified acoustical engineer's report could be obtained on the construction and soundproofing measures proposed for the kennel building. Since that time, the applicant has agreed to reduce the number of runs in the kennel to 86 total. A certified engineer's report has been submitted by the applicant. The engineer indicates that with the construction of the kennel as proposed, the sound even at the nearest residential boundary would be either 26dBA (with February 4, 1987 (Regular Night Meeting) (Page 3) 205 gypsum board and acoustical ceiling construction, or 30dBA (with acoustical ceiling only). This is assuming a noise level based on the boarding of 100 dogs. The County Engineer and the Director of Building Inspections have reviewed the report and are in general agreement with its content and the proposed construction and methods of soundproofing outlined in the report. Should the Planning Commission and the Board of Supervisors choose to approve this request, staff recommends that the method of construction and soundproofing described within the acoustical engineer's report be strictly adhered to in the actual construction of the kennel building. In parti- cular, the acoustical ceiling and gypsum board construction shall be used in the construction of the building, and that recommendation outlined in Section 8, 'Additional Comments and Recommendations,' shall also be strictly adhered to and incorporated into the construction of the building. The applicant has also supplied the Commission with comments from individu- als familiar with, or involved in, the kennel business concerning the adequacy of the kennel's interior layout for the health and well-being of the animals. The staff has also researched this issue and has not found specific and consistent criteria concerning the number of dogs per square foot of kennel space. The staff has reviewed this petition for consistency with Section 31.2.4.1 of the Zoning Ordinance and recommends that the kennel would not be a substantial detriment to other properties in the area. The noise level at the nearest residential properties will be below the required 40dBA limit. The noise factor within the immediate vicinity of the building will be somewhat noisier (possibly from 53 to 58dBA within fourteen feet of the building. Most of this property is, or will be, developed as office or other commercial uses. Several letters from residents of the Berkeley Community have been received and are (on file)." Should the Commission and Board of Supervisors choose to approve this request, staff recommends the following conditions: 1. Kennel shall be limited to 86 indoor runs; 2. Compliance with 5.1.11 of the Zoning Ordinance; Construction of the kennel shall be in strict accord with the proposed construction and soundproofing measures outlined in the acoustical engineer's report by Wildermuth and Associates, dated December 13, 1986. Soundproofing measures shall include gypsum board and acoustical ceiling construction, and all recommendations outlined in Section 8 of the report shall be incorporated into the construction of the building. Should windows be used in the building, all windows shall be sealed and non-openable; This permit shall be limited to the proposed structure "A" on the Berkmar Park Site Plan by Robert McKee and Associates, dated Novem- ber 2, 1986; 5. No outdoor runs or other confinements; This special use permit and all authority granted hereunder is issued for a commercial kennel operated by Michael Cronk and is not transfer- able. Mr. Horne said an update to the acoustical engineer's report dated January 24, 1987, was mailed to the Board with other papers concerning this petition. The update is an analysis of the decibel level based on an assumed population of 132 dogs instead of 100 dogs. In the opinion of the engineer, the decibels would be increased by approximately 5dBAs at each level in the staff report. He stated that the applicant has supplied the Board with comments from individuals who are familiar with or involved in the kennel business concerning the adequacy of the layout. Mr. Horne said the Planning Commission heard the request on February 3, 1987, and by a vote of four to two recommended approval with the conditions set forth by staff with the exception of No. 1 which was amended to state that: "Kennel shall be limited to 86 indoor runs, and layout labeled Exhibit A p~esented to Planning Commission February 3, 1987, and titled Berkmar Park Pet Motel, dated January 20, 1987." He explained that a drawing of that layout was also mailed to the Board members. Mr. Way asked what property lies directly south of this site. Mr. Horne replied that the property is vacant. He added that immediately to the north is the Village Offices complex.- Mr. Bowie pointed out that according to the consultant's report, 26dBAs is very little above a whisper and that 50dBAs is the sound level of the average home. Mr. Fisher asked if the skylights are also required to be sealed. Mr. Horne replied affirmatively. All of the openings in the structure are required to be non-openable. The public hearing was opened. Mr. Andrew Venenti, representing the applicant, came forward. He introduced Mr. Michael Cronk, who will be operating the kennel; Mr. Wildermuth, of Wildermuth & Associates; Consul- tants in Acoustics; Mr. Caleb Stowe, the property owner; and Mr. Stanley E. Binsted, the construction engineer. .08 February 4, 1987 (Regular Night Meeting) (Page 4) Mr. Fisher asked who will be building the kennel. Mr. Venenti answered that Mr. Caleb Stowe will build the facility. Mr. Fisher said he wanted to be certain the question of the skylights was understood. Mr. Binsted told the Board that his firm intends to delete the skylights and just use fixed windows. Mr. Michael Cronk addressed the Board. He stated that he was part of a problem that existed 10 years ago when he rented a building to start a kennel business. The building was not soundproofed, and the dog run areas were inadequate. He said he did not have the finan- cial resources to do the soundproofing himself and his landlord was unwilling to do it. He stated that a year later, after doing much research on the problem, he opened The Pet Motel on Fifth Street. He stated he has become active with the Boarding Kennel Industry. He said he is Vice President of the American Boarding Kennel Association. He said the building Mr. Stowe will be putting up will be a showcase. He added that he wants his business to be an asset in the community, not a nuisance. Mr. Cronk explained that the worst possible case for soundproofing purposes in the area is the one presented here. The engineers chose to measure the noise level of 132 dogs in a kennel of this size. He said it would be quite impossible to board that many dogs. That is saying that every client has two compatible dogs that can be boarded in the same run. For this particular study, all the large dog runs were considered able to handle two dogs. The kennel only boards two dogs together if they are from the same family and known to be compat- ible. The average double occupancy of a run would be only ten percent of the clientele. With no one else rising to speak, the Public Hearing was closed. Mr. Bowie said he uses Mr. Cronk's kennel in Charlottesville and although inside the kennel the noise is appalling, outside nothing can be heard from two feet away when the door is closed. He stated he intends to support the petition. Mr. Way asked why the two members of the Planning Commission voted negatively. Mr. Horne said that one vote was not specific except to say that they felt there is a general incompatibility in that location. The other person expressed some concern at the general number of dogs in the facility. Mr. Fisher said he noticed that the County Engineer and Director of Building Inspections reviewed the report and said they are in general agreement with it. However, they are unwilling to guarantee what the noise level will be. Mr. Lindstrom asked what steps can be taken by the County if at some time in the future tests show the decibel level to be too high. Mr. Horne said the kennel would then be in violation of the Special Permit conditions. If the violation cannot be corrected, the Special Permit can be revoked. Mr. Bowie offered motion to approve SP-86-82 with the conditions as outlined by the Planning Commission. Mr. Lindstrom seconded the motion. There was no further discussion so roll was called and the motion carried with the following recorded vote: AYES: Messrs. Bowie, Fisher, Henley, Lindstrom and Way. NAYS: None. ABSTAINING: Mrs. Cooke. (The following are the conditions of approval: Kennel shall be limited to 86 indoor runs, and layout labeled Exhibit A presented to Planning Commission February 3, 1987, and titled Berkmar Park Pet Motel, dated January 20, 1987; 2. Compliance with Section 5.1.11 of the Zoning Ordinance; Construction of the kennel shall be in strict accord with the proposed construction and soundproofing measures outlined in the acoustical engineer's report by Wildermuth and Associates, dated December 13, 1986. Soundproofing measures shall include gypsum board and acoustical ceiling construction, and all recommendations outlined in Section 8 of the report shall be incorporated into the construction of the building. Should windows be used in the building, all windows shall be sealed and non-openable; This permit shall be limited to the proposed structure "A" on the Berkmar Park Site Plan by Robert McKee and Associates, dated Novem- ber 2, 1986; 5. No outdoor runs or other confinements; This special use permit and all authority granted hereunder is issued for a commercial kennel operated by Michael Cronk and is not transfer- able.) (Note: Mrs. Cooke returned to the meeting at 7:55 p.m.) Agenda Item No. 6. School Building Projects Update. Mr. Agnor said that Mr. Andy Overstreet, Superintendent of Schools, indicated that he was waiting some information from the architects on some of the projects and asked for another week. The report will be added to the agenda for February 11, 1987. February 4, 1987 (Regular Night Meeting) (Page 5) Agenda Item No. 7. Schuyler Centennial. Donation Request. Mr. Fisher said Mr. Way had received a letter regarding this request, and he has brought this matter to the Board's attention. Mr. Way said he had received a letter from Mrs. Betty Hamner of the Schuyler Centennial Committee requesting a donation for this celebration. He had asked County staff if there were any kind of a precedent regarding this type of request. Staff answered that the County did participate a number of years ago in the publicizing and developing of brochures for the reopening of the Hatton Ferry. The letter notes that Nelson County has already made a contribution. Mr. Way said he does not think a request of this sort from a community within the County is unreasonable and he suggested that the Board make a donation and tie it to being used for brochures. Mr. Way then suggested that Albemarle County make a contribution similar to that of Nelson County. He offered motion that the Board make a contribution of $500.00 and that it be tied to the printing, etc of brochures. Mr. Lindstrom seconded the motion which carried by the following recorded vote: AYES: NAYS: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. None. Agenda Item No. 8. Appointments: Industrial Development Authority. Mr. Fisher asked Mr. Lindstrom if he had an appointment to make. Mr. Lindstrom replied that he did not yet have one, but he would provide one soon. Mr. Lindstrom requested that a certificate of appreciation be prepared for Mr. Frank W. McCulloch who is retiring after serving ten years as a member of the Authority Board of Directors. Agenda Item No. 9. Approval of Minutes: December 3 (Night), 1986. ry. May 8, 1985, November 12, November 19 and Mrs. Cooke said she had read November 19, pages 8 to the end and found them satisfacto- Mr. Way said he had read November 19, 1986, pages 4 - 8 and found them satisfactory. Mr. Bowie said he had read November 19, 1986, pages 1 - 4 and found them correct. Mr. Henley said he had read December 3, 1986, pages 5 - 8 and found them all right. Mr. Fisher said he had read December 3, 1986, pages 9 - end and they are correct. Mrs. Cooke offered motion to approve all the minutes of November 19, 1986 and December 3, 1986, except for the first four pages. Mr. Bowie seconded the motion. There was no discussion. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. NAYS: None. Agenda Item No. 10. Other Matters Not Listed on the Agenda. Mr. Ralph Smith, representing the local Thompson Hall Lodge of the Fraternal Order of Police, introduced himself. He said that the FOP has joined the local Easter Seal Society in sponsoring a fund-raising drive during the month of February. He explained that the group is asking local personalities to participate in a cake auction to raise money. They hope to reach a goal of $2,500. He said that in a few moments members of the FOP will come forward to issue a summons to each Board member to join them in this drive. The requirement on these warrants is that each Board member bake a cake, and bring it to a predetermined location. On February 19 and 20, the cakes will be auctioned live on local radio station, WCHV. He said there is also a penalty provision in these summonses. In lieu of the cake, a $25 donation to the Easter Seal Society will be accepted. The names of the 100 individuals to whom summonses have been issued will be announced over the radio. At this time, Mr. Hawkins and Mr. Blake of the Fraternal Order of Police came forward and issued personal warrants to each member of the Board. Mr. Smith thanked the Board for its support on behalf of the Fraternal Order of Police and the Easter Seal Society. Mr. Fisher asked what the money is to be used for, and Mr. Smith replied that it will all go to the Easter Seal Society. Mr. Bowie said he had just returned from a legislative conference in Washington. The final item discussed at the meeting was the Clean Water Bill, which has become law since the President's veto was overridden by Congress. He stated that the reason he wants to discuss the bill tonight is that the County may have a chance at some money. There are $18 billion involved in this bill of which $9 billion will be given in direct aid to communities. After 1990, another $9 billion will go into a revolving fund. There is a provision in the bill that the first $9 billion are to be used for what are called "demo," or demonstration projects. He said he would like to see the County qualify for one of these demo projects. He stated that he did now know how the County can become eligible, but wants Staff to look into the possibility right away. The second point is that they are going to follow the transportation format with the MPO and he believes will provide one percent of the money for planning purposes. The one percent will be given to the states and there is a second move- ment to get 40 percent of that money mandated to be passed through to the local communities for their direct input on how the $18 billion should be used. As long as the money is there, the County should participate to the extent it can. 2O8 February 4, 1987 (Regular Night Meeting) (Page 6) Mr. Lindstrom wondered if there was a possibility these funds could be used to help in the Lickinghole Creek project. Mr. Bowie said the County should put forward any project that is ready. Mr. Fisher said he had several items. The Transient Occupancy Tax bill was killed by the General Assembly in the House on Monday and in the Senate on Tuesday. The question has been raised about the future of a convention bureau. He feels there is no need to answer that question yet. Mr. Fisher brought up the subject of the County Budget Work Sessions. He asked if it would be possible to move the meeting set for Monday, March 16 to Tuesday, the 17th. No one had an objection to moving the session of March 16 to March 17 at 1:00 P.M. Mr. Fisher mentioned a survey questionnaire which is being mailed to Charlottesville and Albemarle businesses in conjunction with the study being conducted by the Task Force on Race Relations and Employment in the City. Mr. Fisher said it is possible that some of the Board~ members may receive questions concerning this survey, so he felt all should be made aware of its mailing. Mr. Fisher said he had told the Task Force he believes the purpose is good, but he is not sure about the process being used. Agenda Item No. 11. adjourned at 8:17 p.m. With no further business to come before the Board, the meeting was CHAIRMAN