HomeMy WebLinkAboutACSA199800005 Executive Summary 1998-10-21 ;OUNTY OF ALBEMARL
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)`; EXECUTIVE SUMMARY OCT 5 199�
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AGENDA TITLE: AGENDA DATE: ITEM NUMBER:
Albemarle County Jurisdictional Area request for water and October 21, 1998
sewer service—Nichols Accountancy Corp. (Fontana
Subdivision) ACTION: INFORMATION:
SUBJECT/PROPOSAL/REQUEST: CONSENT AGENDA:
Provision of water and sewer service to proposed Fontana ACTION: Yes INFORMATION:
Recreation Center(SDP 98-64), Fontana Subdivision, Tax
Map 78, Parcel 57 (portion of)
ATTACHMENTS: Yes
STAFF CONTACT(S):
Messrs. Tucker, Cilimberg, Benishlf REVIEWED BY:
BACKGROUND:
A public hearing was held April 1, 1998, to consider a request by Hurt Investment Company (previous owner)for water and
sewer service to 119 acres located on Tax Map 78 Parcel 57(portion). The subject property is part of Fontana Subdivision,
which received preliminary plat approval on December 19, 1998, which in turn was part of the original "Luxor" parcel. It
is located on the east side of Route 20 North, north of the Wilton Subdivision and Garnett Treatment Center, within a
designated Development Area (Neighborhood 3).
•
Fontana Recreation Center is located on a 2.15 parcel in the center of Fontana Subdivision. Use of the center is limited
to residents only; amenities will consist of a clubhouse, pool, and tennis courts. The project received preliminary site plan
approval on October 7, 1998; amendment of the jurisdictional area boundary is required before final site plan approval can
be granted.
DISCUSSION:
At its April meeting, the Board approved an amendment of the service area boundaries for water and sewer service to
Fontana Subdivision, as recommended by staff, provided that a note be included on all plats indicating that no public water
will be provided on those lots above the 600 foot elevation, which serves as the Development Area boundary. Two of the
subdivision's lots along the eastern edge of the property straddle the Development Area boundary, and have both RA and
R-4 zoning. Consistency with County policy permits extension of service only to that portion of these lots lying within the
Development Area.
The recreation center is located entirely within the Development Area, in the portion of the property zoned R-4, below the
600 foot contour. Water service is available on-site adjacent to and south of the parcel; sewer service is available east of
the site, also on the Fontana property.
It is anticipated that a similar request will be submitted for Phase IIA of Fontana Subdivision, located adjacent to the
recreation center, within the Development Area and below the 600 foot contour.
RECOMMENDATION:
This request is consistent with the Board's April 1 action approving amendment to the Jurisdictional Area boundaries for the
Fontana Subdivision. With the Board's concurrence, staff will amend the Jurisdictional Area map to allow provision of water
and sewer service to the recreation center, and require that notes be included on the final site plan limiting service to building
sites within the designated Development Area.
ATTACHMENTS:
A—Location Map
B—Project Phasing Plan
C—April 1, 1998 staff report prepared for Public Hearing
D—Minutes from Public Hearing held by Board of Supervisors April 1, 1998
Cc: Bill Bent, Albemarle County Service Authority
Steve Driver, PE, LS
McKee Carson
301 East High Street,
Charlottesville, VA 22902 98.219
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UNTY OF ALBEMARL, ve
EXECUTIVE SUMMARY
ATTACHMENT C
AGENDA TITLE: AGENDA DATE: ITEM NUMBER:
Albemarle County Jurisdictional Area request for water April 1, 1998
and sewer service— Hurt Investment Co. (Fontana
Subdivision) ACTION: X INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Public hearing to amend the ACSA Jurisdictional Area to CONSENT AGENDA:
provide water and sewer service to the proposed Fontana ACTION: INFORMATION:
Subdivision , Tax Map 78, Parcel 57 (portion of)
ATTACHMENTS: Yes
STAFF CONTACT(S):
Messrs. Tucker, Cilimberg, Benish REVIEWED BY:
BACKGROUND:
The Applicant, Hurt Investment Company, requests Jurisdictional Area designation for water and sewer service to 119 acres
located on Tax Map 78 Parcel 57 (portion). This 119 acres is part of the proposed Fontana development which received
preliminary subdivision plat approval for 167 lots on December 19, 1997. A Special Use Permit was also recently approved
for the Frost Montessori School on the property near Route 20. The property was part of the larger "Luxor property,' and
is located on the east side of Route 20 North, north of Phase III of the Wilton Farms Apartments and the Garnett Treatment
ar, lying within a designated Development Area (Neighborhood 3). The southern portion of parcel 57 is already in the
dictional Area for both water and sewer (Attachment A).
DISCUSSION:
The subject property is within Urban Area Neighborhood 3. The Land Use Plan provides the following concerning water
and sewer service to a Development Area:
Facilities Planning: "Strongly support and effectively implement the County's growth management priorities in the planning
and provision of transportation, public facilities and public utilities (p. 5)."
Land Use Plan General Principle: "Urban Areas, Communities and Villages are to be served by public water and sewer
(p. 17)."
There are two proposed lots which straddle the Development Area boundary, which is the 600 foot contour along the
eastern edge of this property. These lots have both R-4 and RA zoning (Attachments B & C ). Based on the approved
preliminary plat,there are building sites within the R-4 portions of both lots. In order to be consistent the County's policy for
establishing Jurisdictional Area boundaries, service should only be provided to the portions of these two lots within the
Development Area. It should be noted that the Ashcroft development is east of this property and outside the Development
Area; however, it is within the Jurisdictional Area for water service only.
Water service is available on-site and sewer service is approximately 800 feet from the property.
RECOMMENDATION:
As a general policy,staff has advised that public utility capacities should be reserved to support development of designated
Development Areas. This request is consistent with the public utility policy of the Land Use Plan provided that service is
limited to lots within the designated Development Area. Staff does recommend that this area be included in the
dictional Area for water and sewer service. However, in order to insure that service is provided only within the
ria lynated Development Area, staff would recommend that the Board withhold approval of an amendment to the
Jurisdictional Area boundary until approval of a final subdivision plat. This would allow staff to insure that the appropriate
notes are included on the plat for lots in question limiting service to building sites within the designated Development Area
(R-4 zoned portion of the lots).
98.056
Memo To: V. Wayne Cilitiibc, ATTACHMENT D
Date: April 6, 1998
Page 2
with the design of the original bridge and flood plain crossing unless modifications
thereto are approved by the Engineering Department; and
11. A biological survey or such other investigation as may be deemed appropriate by the
Water Resources Manager to determine the presence of the James Spinymussel in the
areas in Yellow Mountain Creek immediately affected by the proposed bridge be
conducted prior to development of the water quality mitigation plan required in
Condition 5. The results of the survey or investigation will be reported to the Water
Resources Manager for development of design changes and/or mitigation measures to
minimize impact on the species, if found.
Item No. 5.3. An Ordinance to amend Albemarle County Zoning Ordinance
0\ii. Supplementary Regulations Sections 5.1.25 (Farm Winery) for ZTA-97-01 - Jamie Lewis
�o / (deferred from March 18, 1998).
, " ADOPTED the attached Ordinance. Zoning Ordinance sheets to follow under separate
cover.
Item No. 5.4. Resolution to take Meadowview Lane in Advanced Mills Estates (SUB-
89-011) into the State Secondary System of Highways. ADOPTED the attached Resolution.
Item No. 5.5. Resolution for VDOT to install "Child At Play" sign on West Drive
4Cri (Route 772) in Glenaire Subdivision. By the above shown vote, the Board adopted the
followin Resolution.
�r w.5
Item No. 5.6. Road Name Change Request - change the name of a portion of Berwick
Road to Boars Head Pointe. APPROVED the request to change the name of a portion of
Berwick Road to Boars Head Pointe, and granted staff the authority to coordinate/implement
......co,..J the change.
Item No. 5.8. Authorize County Executive to execute deed for Foxcroft Subdivision
critical slope easement. Authorized the County Executive to execute the deed and thereby
accept the deed of easement and release part of the existing easement on behalf of the Board of
Supervisors.
Agenda Item No. 8. 9:30 a.m. - PUBLIC HEARING on a request from Hurt Investment
Company to amend the service area boundaries of the Albemarle County Service Authority for
`l water and sewer service to 119 acs (part of proposed Fontana Subdivision) on TM78,P57
(portion) located on E side of Rt 20 N, N of Phase III of Wilton Farms Apartments &Garnett
ill_kqi,,Treatment Center.
` 1
APPROVED an amendment of the service area boundaries of the Albemarle County
Service Authority for water and sewer service to the proposed Fontana Subdivision, as
recommended by staff, and requested that appropriate notes be included on the plats in large
bold print that no public water will be provided on those lots above the 600 foot elevation.
•
•
April 1, 1998 (Regular Meeting) 000146
(Page 1)
A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on April 1, 1998, at 9:00 A.M., Room 241, County Office
Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Mr. David P. Bowerman, Ms. Charlotte Y. Humphris, Mr.
— Forrest R. Marshall, Jr., Mr. Charles S. Martin, Mr. Walter F. Perkins and
Ms. Sally H. Thomas.
ABSENT: None.
OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., County
Attorney, Larry W. Davis and County Planner, V. Wayne Cilimberg.
Agenda Item No. 1. The meeting was called to order at 9:00 a.m., by the
Chairman, Mr. Marshall.
Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
Agenda Item No. 4. Other Matters Not Listed on the Agenda.
Mr. Wilson Cropp spoke concerning the maintenance of Route 769, Rocky
Hollow Road. He considers it the worst road in the State of Virginia close to
a metropolitan area and, an environmental hazard, due to the runoff pollution
and dust. The State puts 50 to 100 loads of crushed stone on the road each
year, but the stones end up in the river or the surrounding roads. As far as
safety is concerned, there have been numerous school bus accidents on that
road, the latest about two weeks ago. If the road were surface-treated, it
would be safe to drive buses on. On the economic aspect of the road, the
State spends a lot of money on maintenance each year, which could be greatly
reduced by surface-treating. His proposal would be to surface-treat the road
within its present boundaries, even if it is not possible to get rights-of-way
from the property surrounding the road.
Mr. Martin said that they have not been able to get the rights-of-way
needed and hence, cannot surface-treat the road. He thinks Ms. Tucker has
been doing a good job of keeping it usable as a gravel road.
Agenda Item No. 5. Consent Agenda. Motion was offered by Ms. Thomas,
seconded by Ms. Humphris, to approve Items 5.1 through 5.8 and to accept the
remaining items on the Consent Agenda as information. Roll was called and the
motion carried by the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and
Mr. Marshall.
NAYS: None.
Item 5.1. Proclamation: Fair Housing Month and Dedication of same to
Howard Allen.
It was noted in the staff's report that April is Fair Housing Month and
Albemarle County's Office of Housing has planned a celebration for Wednesday,
April 1, to recognize the County's progress toward equal opportunity housing
made possible by Fair Housing laws. This year's formal program on Fair
Housing will be held in the afternoon of April 1 and is focused on educating
/... the County's mobile park owners on Fair Housing Laws, Zoning and Inspection
regulations, and Landlord/Tenant Laws.
The County also seeks to acknowledge Mr. Howard W. Allen for his
advocacy on behalf of affordable housing efforts and to dedicate this third
— Fair Housing Month Proclamation to him. For example, as an original member
of the County's Housing Committee, Mr Allen's dedication to the issue of
housing education resulted directly in the creation of the County's
Comprehensive Housing Counseling program and the HOMEBUYERS Clubs.
Mr. Bowerman read the following proclamation declaring April, 1998 as
Fair Housing Month and then made the presentation to Mr. Allen.
,I i __. _i. i. f I
April 1, 1998 (Regular Meeting) 0001.47
(Page 2)
PROCLAMATION
WHEREAS, April, 1998, marks the thirtieth anniversary of the
passage of the Fair Housing Act of 1968, which
sought to eliminate discrimination in housing
opportunities and to affirmatively further housing
choices for all Americans; and
WHEREAS, the ongoing struggle for dignity and housing
,..� opportunity for all is not the exclusive province of
the Federal government; and
WHEREAS, vigorous local efforts to combat discrimination can
be as effective, if not more so, than federal
efforts; and
WHEREAS, illegal barriers to equal opportunity in housing, no
matter how subtle, that diminish the rights of some
citizens diminish the rights of all;
NOW, THEREFORE, HE IT RESOLVED, that in the pursuit of the
shared goal and responsibility of providing equal
housing opportunities for all men and women,
the Board of County Supervisors of Albemarle
County, Virginia, does hereby join in the
national celebration by proclaiming
APRIL, 1998 as FAIR HOUSING MONTH
and encourages all agencies, institutions and
individuals, public and private, in Albemarle County
to abide by the letter and the spirit of the Fair
Housing law; and
RESOLVED, that Mr. Howard W. Allen has been an advocate for
the housing needs of lower-income residents, has
served the maximum terms allowable on the Albemarle
Housing Improvement Program Board of Directors, was
an original member of the Albemarle Housing
Committee and, as an on-going member of that
committee, continues to advocate for housing
education for all citizens and life-skills programs
for all County students.
AND FURTHER RESOLVED, this third annual proclamation is dedi-
cated to Mr. Howard "Hank" Allen in recognition of
his contributions to the County's affordable housing
efforts and his longstanding record of comprehensive
service to his community, especially for the benefit
of our minority citizens.
Mr. Bowerman then made the presentation to Mr. Allen who thanked
everyone and stated that he has lived in the County since 1970 and will
continue to live here and serve the county. Ms. Laurie Chapman, on behalf of
the Board of Realtors, said they support this resolution and the whole concept
of fair housing.
Item 5.2. SP-97-65. Greenwood Farm Bridge (Sign #27) - (conditions of
approval) (deferred from March 18, 1998) .
It was noted in the staff's report that at the Board meeting on March
18, the Board considered approval of this petition. The applicant, at the
meeting, suggested changes to Condition 1 and Condition 9 and proposed a
— Condition 10 for clarification purposes. The Board asked for a condition
requiring investigation of the possible presence of the James Spiny mussel or
other endangered species in Yellow Mountain Creek.
In consultation with the Water Resources Manager, the applicant has
suggested the following condition relating to the investigation for the James
Spiny mussel: "A biological survey or such other investigation as may he
deemed approprjate by the Water Resources Manager to determine the Drasanrp of
t_he James Spiny m s l in h ar as in Y llow Mountain k imm d'-tel�t
I I
000148
April 1, 1998 (Regular Meeting)
(Page 3)
affected by the proposed bridge be conducted prior to development of the water
quality mitjtion plan required in Condition 5. The results of the survey o-
investigation will he resorted ro the Water ResoIts es Manager for development
of design changes and/or mitigation measures to minimize irrpeor on the
fineries, if found." The Water Resources Manager supports this condition. It
— should be noted that this condition only covers the Spiny mussel and not all
endangered species; however, the Spiny mussel is the only known aquatic
endangered species in Albemarle County. The condition also requires that the
mitigation measures or design changes only minimize the impact on the species,
..� not abate the impact, if the spiny mussel is indeed found in the Creek. If
any spiny mussels are found, the State and Federal agencies responsible for
endangered species could mandate abatement measures.
In the past year, the issue of impacts of proposed construction
activities on endangered species has become more and more prevalent. At
present the County has no regulations which routinely require screening for
endangered species or natural heritage resources which might be affected by
construction projects. State and federally funded projects require such
screening and, through the special use permit process, such screening also can
be required. The staff recommends further examination of criteria relating to
preservation of natural heritage resources and endangered species to address
this issue appropriately in future applications. Staff recommends approval of
the special use permit with conditions set out in the staff's report.
By the above recorded vote, the Board approved SP-97-65 subject to the
following conditions:
1. In addition to agricultural, forestal, and recreational
activities (which activities include but are not limited
to construction and use of structures related thereto) ,
the bridge shall serve no more than two building sites for
dwellings (or three building sites for dwellings if one or
more of those sites is created as part of a family
division) on the south side of Yellow Mountain Creek. The
^*, bridge shall also serve accessory structures for the
dwellings;
2. The building sites shall be located below the elevation of
900 feet as identified on the County's Open Space Plan;
3. Engineering Department approval of an erosion control
plan;
4. Engineering Department receipt of proof of compliance with
Federal and State agencies regulating activities affecting
wetlands and watercourses;
5. Engineering Department approval of a mitigation plan
outlining mitigation measures for encroachments into the
stream buffer;
6. Engineering Department approval of hydrologic and
hydraulic computations for the crossing. These
computations must demonstrate compliance with Sections
30.3.2.2 and 30.3.3 of the Zoning Ordinance. Plans must
show the existing and proposed flood plain boundaries and
elevations;
7. Engineering Department approval of structural plans,
^" details, and computations;
8. Engineering Department approval of grading plans to
evaluate cut and fill in the flood plain;
9. The 14-foot wide bridge and flood plain crossing shall be
in substantial accord with the plan submitted by the
applicant with the special use permit, subject to such
modifications as are approved by the Engineering
Department;
10. The landowner shall have the right to maintain, repair and
replace the bridge and flood plain crossing, provided that
the replacement, if any, shall be in substantial accord
- —
000149
April 1, 1998 (Regular Meeting)
(Page 4)
with the design of the original bridge and flood plain
crossing unless modifications thereto are approved by the
Engineering Department; and
11. A biological survey or such other investigation as may be
deemed appropriate by the Water Resources Manager to
determine the presence of the James Spiny mussel in the
areas in Yellow Mountain Creek immediately affected by the
proposed bridge be conducted prior to development of the
,mm water quality mitigation plan required in Condition 5.
The results of the survey or investigation will be
reported to the Water Resources Manager for development of
design changes and/or mitigation measures to minimize
impact on the species, if found.
(Ms. Thomas said the last paragraph of the staff's report says: "The
staff recommends further examination of criteria relating to preservation of
natural heritage resources and endangered species to address this issue
appropriately in future applications." She asked if action is needed by this
Board to start that staff work. Mr. Tucker said staff will start work so that
when there are similar applications in the future, there will be a similar
condition recommended.)
Item 5.3. ZTA-97-02, Jamie Lewis. An Ordinance to amend Albemarle
County Zoning Ordinance Supplementary Regulations Sections 5.1.25 (Farm
Winery) (Deferred from March 18, 1998) .
It was noted in the staff's report that on March 18, 1998, the Board
held a public hearing on ZTA-97-02 which, if approved, would amend section
5.1.25 (farm winery) of the Zoning Ordinance. The Board requested that
several changes be made to section 5.1.25 before acting on the amendment. It
has now been revised to incorporate the following requested changes:
(1) Section 5.1.25(c) (4) has been revised to authorize a single
festival to last for up to three consecutive days.
(2) Section 5.1.25(e) (1) has been revised: (a) so that a zoning
clearance is required only for festivals at which more than one
hundred fifty people will be allowed to attend (rather than for
all special events and festivals) ; (b) to require that an
application for a zoning clearance be submitted to the Zoning
Administrator at least thirty days prior to the first festival
authorized by the zoning clearance (rather than fourteen days
prior) ; and, (c) to require that the Zoning Administrator provide
copies of the application to other County offices for their review
(rather than require the farm winery to submit applications to
each County office) .
(3) Section 5.1.25(e) (1) has been reorganized to more clearly state
that a single zoning clearance may be obtained for multiple
festivals that are similar in nature.
(4) Section 5.1.25(e) (2) has been revised to allow caterers to use
kitchens for, among other things, "warming" food (rather than
"preparing" food) , and to expressly prohibit using the kitchen to
cook food.
The ordinance is now ready for adoption to be effective March 18, 1998,
••••'• if that is the consensus of the Board.
By the above recorded vote, the Board adopted the following Ordinance:
ORDINANCE NO. 98-20(1)
AN ORDINANCE TO AMEND CHAPTER 20, ZONING, ARTICLE II, BASIC
REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED by the Board of County Supervisors of the
County of Albemarle, Virginia, that Chapter 20, Zoning, Article
II, Basic Regulations, is hereby amended and reordained by
amending section 5.1.25 as follows:
_ ___._.._.. —_ ...�i..
000150
April 1, 1998 (Regular Meeting)
(Page 5)
Chapter 20. Zoning
Article II. Basic Regulations
Sec. 5.1.25. Farm Winery.
Each farm winery shall be subject to the following:
a. The owner shall obtain a farm winery license from the
State Alcoholic Beverage Control Board. At least fifty-
one (51) percent of the fresh fruits or agricultural
products used by the owner to manufacture the wine shall
be grown or produced on the farm, unless the State
Alcoholic Beverage Control Board waives such requirement.
b. Facilities for fermenting and/or bottling wine shall not
be established until the vineyard, orchard or other
growing area has been established and is in production.
c. The following uses and activities are permitted at a farm
winery with the prior approval of a site plan as provided
in subsection (d) . Special events and festivals are also
subject to the additional requirements set forth in
subsection (e) .
1. On-premise sale of wine and wine consumption. One
(1) location may be established on each farm for the
on-premise sale of wine and wine consumption. The
aggregate total floor area for such sales and
consumption shall not exceed fifteen hundred (1500)
square feet. A special use permit issued pursuant
to section 31.2.4 of this chapter may authorize the
aggregate floor area to exceed fifteen hundred
(1500) square feet.
2. Daily tours. Daily tours of a farm winery shall be
permitted.
3. Special events. Special events shall be permitted
up to twelve (12) times per year. For purposes of
this section, a special event is an event conducted
at a farm winery on a single day for which
attendance is allowed only by invitation or
reservation and whose participants do not exceed one
hundred fifty (150) persons; special events include,
but are not limited to, meetings, conferences,
banquets, dinners, wedding receptions, private
parties and other events conducted for the purpose
of marketing wine. A special use permit issued
pursuant to section 31.2.4 of this chapter may
authorize the number of special events per year to
exceed twelve (12), or the number of allowed
participants at any event to exceed one hundred
fifty (150) , or both.
4. Festivals. Festivals shall be permitted up to four
(4) times per year. For purposes of this section, a
festival is an event conducted at a farm winery for
up to three (3) consecutive days which is open to
the general public and conducted for the purpose of
marketing wine.
d. A use or activity identified in subsection (c) is
authorized only with the prior approval of a site plan.
Prior to approval of the site plan, the owner shall obtain
from the Virginia Department of Transportation approval of
a commercial entrance to the farm winery, and any required
approval from the local office of the Virginia Department
of Health. If a site plan waiver is requested, particular
consideration shall be given to provisions for safe and
convenient access, parking, outdoor lighting, signs and
potential adverse impacts to adjoining property, and
000151
April 1, 1998 (Regular Meeting)
(Page 6)
reasonable standards and conditions may be imposed as
conditions of such waiver.
e. Special events and festivals shall be also subject to the
following:
1. The owner shall obtain a zoning clearance prior to
conducting a festival at which more than one hundred
fifty (150) persons will be allowed to attend. A
,..� single zoning clearance may be obtained for one or
more such festivals as provided herein.
(a) The owner shall apply for a zoning clearance
at least thirty (30) days prior to the date of
the first festival to be authorized by the
zoning clearance. The application shall be
submitted to the zoning administrator, who
shall forward copies of the application to the
county police department, the county fire and
rescue division, and the local office of the
Virginia Department of Health.
(b) The application shall describe the nature of
each festival to be authorized by the zoning
clearance, the date or dates and hours of
operation of each such festival, the
facilities, buildings and structures to be
used, and the number of participants allowed
to attend each festival.
(c) Upon a determination that all requirements of
the zoning ordinance are satisfied and upon
receiving approval, and any conditions of such
approval, from the other county offices
receiving copies of the application, the
zoning administrator shall issue a zoning
clearance for one or more festivals. The
zoning clearance shall be conditional upon the
owner's compliance with all requirements of
the zoning ordinance and all conditions
imposed by the zoning clearance.
(d) The zoning administrator may issue a single
zoning clearance for two or more festivals if:
(i) the application submitted by the owner
includes the required information for each
festival to be covered by the zoning
clearance: (ii) the zoning administrator
determines that each such festival is
substantially similar in nature and size; and
(iii) the zoning administrator determines that
a single set of conditions that would apply to
each such festival may be imposed with the
zoning clearance.
2. No kitchen facility permitted by the Health
Department as a commercial kitchen shall be allowed
on the farm. A kitchen may be used by licensed
caterers for the handling, warming and distribution
of food, but not for cooking food, to be served at
such special event or festival.
3. An outdoor amplified sound system shall be
prohibited.
4. The hours of operation shall be no earlier than 9:00
a.m. and no later than 10:00 p.m.
(Added 12-16-81; amended 1-1-84; amended 4-1-98)
Item 5.4. Resolution to take Meadowview Lane in Advanced Mills Estates
(SUB-89-011) into the State Secondary System of Highways.
000152
April 1, 1998 (Regular Meeting)
(Page 7)
Mr. Mark Henry, Senior Engineer, wrote on March 16, 1998, that the road
serving the referenced subdivision is substantially complete and ready for
VDOT acceptance. Please request the Board of Supervisors to adopt a
resolution for the road.
By the above recorded vote, the Board adopted the following Resolution.
RESOLUTION
..� WHEREAS, the streets in Advanced Mills Estates
Subdivision, (SUB-89-011) described on the attached Additions
Form SR-5(A) dated April 1, 1998, fully incorporated herein by
reference, are shown on plats recorded in the Clerk's Office of
the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department
of Transportation has advised the Board that the streets meet
the requirements established by the Subdivision SrrPPr
Jeo rements of the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board
of County Supervisors requests the Virginia Department of
Transportation to add the roads in Southern Hills Subdivision as
described on the attached Additions Form SR-5(A) dated April 1,
1998, to the secondary system of state highways, pursuant to
§33.1-229, Code of Virginia, and the Department's Subdivision
,SrrPPr Requirements: and
BE IT FURTHER RESOLVED that the Board guarantees a clear
and unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution
be forwarded to the Resident Engineer for the Virginia
Department of Transportation.
The road described on Additions Form SR-5(A) is:
1) Meadowview Lane from Station 10+08, right edge of
pavement of State Route 743 to Station 15+80, rear
of cul-de-sac, 572 lineal feet as shown on plat
recorded 4/13/90 in the Office of the Clerk of the
Circuit Court of Albemarle County, Virginia, in Deed
Book 1095, pages 201-203, with a right-of-way width
of 50 feet, with additional plats recorded 3/3/98 in
Deed Book 1680, page 258, for a length of 0.11 mile.
Total length - 0.11 mile.
Item 5.5. Resolution for VDOT to install a "Child At Play" sign on West
Drive (Route 772) in Glenaire Subdivision.
It was noted in the staff's report that the Glenaire Neighborhood
Association requested that a "Child at Play" sign be located on West Drive on
the existing speed limit sign. Although the speed limit is 25 miles per hour,
the area has a lot of children. The Board must endorse a resolution
supporting the installation of the sign for VDOT to consider the public
request. Staff will work with VDOT on the installation of the sign, as
necessary.
By the above recorded vote, the Board adopted the following Resolution.
RESOLUTION
WHEREAS, the Glenaire Neighborhood Association is concerned
about traffic in their neighborhood and the
potential hazard it creates for the numerous
children at play in the subdivision; and
WHEREAS, the Association believes that a "Child At Play" sign
would help to alleviate some of the concerns;
.. .
000153
April 1, 1998 (Regular Meeting)
(Page 8)
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board
of Supervisors hereby supports the community's
request for VDOT to install the necessary "Child At
Play" sign on West Drive (Route 772) on the existing
speed limit sign.
(Ms. Thomas said the neighborhood is very eager to get this sign. It is
typical of a number of neighborhoods where there has been a turning over of
population and now there are again younger families living in an area where
there was an older population. She said the signs may need a sunset clause on
them as there may come a day when the neighborhood's population changes no
longer requires these signs.)
Item 5.6. Road Name Change Request - change the name of a portion of
Berwick Road to Boars Head Pointe.
It was noted that staff has completed the road name change phase of the
Enhanced 911 implementation project in accordance with the Board's road name
change policy. The Board's policy stated that after this phase of the project
has been completed, no further changes to road names would be permitted
without Board approval. The following road name change requests were referred
to the Department of Planning and Community Development by the County
Executive's Office for review and were subsequently discussed at the Board's
meeting on February 4, 1998. At that time, the Board decided to take no
action on a request to change the road name of a portion of Mill Creek Drive
to Independence Boulevard and a request to change the name of a portion of
Berwick Road to Boars Head Pointe until a petition was submitted representing
signatures of a majority of the landowners adjacent to the roads in question
in favor of changing the road name. The petition to change the name of Mill
Creek Drive from its intersection with Avon Street Extended (State Route 742)
to its intersection with Scottsville Road (U.S. Highway 20) to Independence
Boulevard has been withdrawn. The petition to change the name of Berwick Road
from its intersection with Ednam Drive to its terminus at the Amvest Building
to Boars Head Pointe has been obtained. Staff verified that all landowners
adjacent to the road in question have signed the petition in favor of changing
the road name to Boars Head Pointe. A property owner will be responsible for
costs associated with new signage. Should the Board approve the new road name
as requested, it will need to grant staff the authority to
coordinate/implement the above referenced change.
By the above recorded vote, the Board approved a request to change the
name of a portion of Berwick Road to Boars Head Pointe, and granted staff the
authority to coordinate/implement the change.
Item 5.7. FY 1999 Virginia Juvenile Community Crime Control Act
(VJCCCA) Plan and adoption of Resolution for Albemarle/Charlottesville
Juvenile Services.
It was noted in the staff's report that the Department of Juvenile
Justice (DJJ) has allocated $179,956 in FY '99 Virginia Juvenile Community
Crime Control Act (VJCCCA) to Albemarle County. To access these funds, the
locality (or a combination of localities), must develop an annual plan to show
how these funds will be spent to serve the juvenile population. This annual
plan must be submitted to DJJ along with a resolution from the Board of
Supervisors.
The FY '99 plan being submitted to the DJJ allocates the County's
$179,956 in VJCCCA funds and local maintenance of effort (MORE) dollars in the
amount of $52,231 to eight different programs. The local dollars, considered
as MORE by the State, reflect County funds historically appropriated to
Community Attention and do not require any additional funding from the County.
The FY '99 VJCCCA allocation in this plan is less than the County's FY '98
allocation of $202,444 by $22,488, although the final budget approved by the
— Legislature approved a hold harmless clause that restores our funding to the
current level. However, DJJ is requiring that this plan be submitted with the
initial funding allocation of $179,956, which was the amount in the Governor's
budget. It is anticipated that the County will need to revise the plan with
the additional $22,488 after the budget is signed by the Governor. The eight
programs are: Community Attention Programs (Community Attention Home, Family
Group Homes, Outreach Services, Teens Give); Juvenile Court Assessment Center;
First Time Truant Offender Project; Intensive Probation Program; Delinquency
Prevention Program; Curfew Center; 16th District Court Services Fund; and
April 1, 1998 (Regular Meeting) 000154
(Page 9)
Electronic Monitoring. The additional funds will be directed to the Electronic
Monitoring Program and the 16th District Court Service Fund.
Development of this plan has been a collaborative effort among
representatives from the Court Service Unit, the CPMT, the Commission on
Children and Families staff, the City Manager's Office and the County
— Executive's Office. Staff recommends approval of the resolution to be
{ submitted to the Department of Juvenile Justice along with the FY '99 plan for
Albemarle/Charlottesville Juvenile Services.
Hy the above recorded vote, the Hoard adopted the following Resolution.
RESOLUTION
WHEREAS, the 1995 Virginia General Assembly enacted the Virginia
Juvenile Community Crime Control Act to establish
balanced, community-based systems of sanctions, programs,
and services for juvenile offenders effective January 1,
1996; and
WHEREAS, the Department of Juvenile Justice has approved funding
for the County of Albemarle through the Virginia Juvenile
Community Crime Control Act for FY 1999 in the amount of
$179,956; and
WHEREAS, the County of Albemarle has submitted a plan together
with the City of Charlottesville to the Department,
designating Charlottesville as the fiscal agent, to use
these Virginia Community Crime Control Act funds to
provide services to youth who come before the Juvenile and
Domestic Relations Court in FY 1999;
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of
Albemarle County, Virginia, certifies that it:
A. Will not contribute less funding for the
implementation of this local plan than was expended
for block grant funded programs for services either
operated or utilized in FY 1995 in compliance with
§16.1-309.6 of the Code of Virginia;
B. Will not utilize funds provided by this Act to
supplant funds established as the state pool of
funds under §2.1-757 in compliance with §16.1-309.3
of the Code of Virginia;
C. Will comply with all provisions of §16.1-309.9 of
the Code of Virginia which gives the Board of
Juvenile Justice the authority to establish and
enforce standards and to review the expenditures and
services established by the local plan;
D. Consulted with the Judge(s) of the Juvenile and
Domestic Relations Court and the Director of the
Court Services of the participating jurisdictions;
and
E. Will submit routine reports and other information to
the Director of the Department of Juvenile Justice
for each program•of service funded by the Act in
compliance with §516.1-309.3 E and 16.1-309.10 of
the Code of Virginia and all applicable departmental
procedures.
Item 5.8. Authorize County Executive to Execute Deed for Foxcroft
Subdivision Critical Slope Easement.
It was noted that as a condition of approval of the Foxcroft Subdivision
plat in 1995, the County required that it be granted an easement on those
portions of the subdivision lots that were critical slope areas. The purpose
of the easement was to prohibit the disturbance of the natural grade of the
•
000155
April 1, 1998 (Regular Meeting)
(Page 10)
critical slopes. Critical slope areas identified on the final plat were based
on information taken from a copy of an erosion control plan. However, as the
lots were actually developed, it became apparent that the critical slope areas
identified on the plat varied from the critical slope areas in the field.
County staff and Hunter Craig Co. decided that a new easement based on a new
survey of the critical slope areas should be created on those lots still under
— Hunter Craig Co.'s ownership.
The "Reservation and Deed of Easement and Deed of Release of Easement"
would establish a new easement over those portions of subdivision lots in
critical slope areas that are under Hunter Craig Co.'s ownership, and would
release the existing easement on those same lots. The proposed easement
imposes duties on Hunter Craig Co. and its successors to not disturb the
natural grade of the critical slope areas and to inspect, repair, replace,
restore and maintain the natural grade. The proposed easement also grants to
the County the right of ingress and egress to inspect the easement area. Lots
that have already been sold would continue to be subject to the existing
easement.
The County Attorney's Office has approved the deed as to form, and staff
recommends that the Board authorize the County Executive to execute the deed
and thereby accept the deed of easement and release part of the existing
easement on behalf of the Board of Supervisors.
By the above recorded vote, the Board authorized the County Executive to
execute the following deed and thereby accept the deed of easement and release
part of the existing easement on behalf of the Board of Supervisors.
RESERVATION AND DEED OF EASEMENT
AND
DEED OF RELEASE OF EASEMENT
THIS RESERVATION AND DEED OF EASEMENT and DEED OF RELEASE
OF EASEMENT is made this 2nd day of April, 1998, by and between
CRAIG ENTERPRISES, INC., a Virginia corporation, t/a HUNTER E.
CRAIG CO., hereinafter "Craig," Grantor and Grantee, and the
COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the
Commonwealth of Virginia, hereinafter the "County," Grantor and
Grantee.
WITNESSETH:
WHEREAS, Craig is the owner of Lots 6, 7, 28 through 31
and 34 through 37 of Phase 1 of the Foxcroft Subdivision
(hereinafter "Lots 6, 7, 28 through 31 and 34 through 37" or
"such Lots" or, individually, "such Lot") , the subdivision plat
for which was made by Roger W. Ray & Assoc., Inc., dated October
5, 1995, last revised November 15, 1995, captioned "Subdivision
Plat Lots 1 thru 63 Phase One, Foxcroft" (hereinafter the
"Subdivision") , and which is recorded in the Office of the Clerk
of the Circuit Court of the County of Albemarle in Deed Book
1504, Pages 5-13 (hereinafter the "Subdivision Plat"); and
WHEREAS, as a condition for the approval of the
Subdivision Plat, the County required that it be granted an
easement on those portions of those Lots within the Subdivision
that include "critical slopes," defined as those slopes having a
twenty-five percent (25t) or greater slope, which are associated
with the Biscuit Run stream valley; and
WHEREAS, by a declaration of slope easement dated November
14, 1995 and recorded in the Office of the Clerk of the Circuit
Court of the County of Albemarle in Deed Book 1503, Page 511
(hereinafter the "declaration of slope easement") , Craig
reserved an easement unto itself and its successors and assigns,
and conveyed an easement to the County for the purposes of
prohibiting the disturbance of the natural grade of critical
slopes on those portions of Lots 5 through 10, 14 through 17 and
27 through 37 of the Subdivision; and
WHEREAS, the parties desire to release, surrender and
quitclaim, as the case may be, the declaration of slope easement
to the extent such declaration affects those portions of Lots 6,
7, 28 through 31 and 34 through 37 of the Subdivision that
April 1, 1998 (Regular Meeting) 000156
(Page 11)
include critical slopes, and to have the easement reserved and
granted hereby apply to such Lots, as shown on the plat attached
hereto and recorded herewith, which plat was prepared by Roger
W. Ray & Assoc., Inc., dated September 26, 1997, revised
November 19, 1997, captioned "Plat Showing Revised Location of
Easement to Albemarle County on Lots 6, 7, 28, 29, 30, 31, 34,
35, 36 & 37, Phase One, Foxcroft" (hereinafter the "attached
plat") .
..+ NOW, THEREFORE, in consideration of the premises and one
dollar ($1.00) cash in hand, the receipt of which is hereby
acknowledged, Craig does hereby reserve unto itself, its
successors and assigns, and grants unto the County, an easement
upon the critical slopes located on Lots 6, 7, 28 through 31 and
34 through 37 (the "easement") ; and Craig and the County
release, surrender and quitclaim, as the case may be, all rights
and obligations reserved or granted by the declaration of slope
easement, as follows:
1. Location of easement: The easement reserved and
granted hereby shall be only on those cross-hatched portions of
Lots 6, 7, 28 through 31 and 34 through 37 as shown on the
attached plat which are critical slopes, as defined above, which
are associated with the Biscuit Run stream valley. These
cross-hatched areas shall be referred to herein as the critical
slope areas.
2. Purpose of easement-: The natural grade of the
critical slope areas on Lots 6, 7, 28 through 31 and 34 through
37 shall not be disturbed, and such critical slope areas shall
be inspected, maintained, repaired, replaced and restored as
provided herein.
3. Rights and duties of Craig: Craig and/or its
successors and assigns shall have the following rights and
duties with respect to the easement reserved hereby:
a. Duty to not d95TJ;r12: Craig and/or its successors and
assigns shall not disturb the natural grade of the critical
slope areas on Lots 6, 7, 28 through 31 and 34 through 37.
b. Duty to inspect. repair. replace, restore and
maintain- Craig and/or its successors and assigns as the owner
of Lots 6, 7, 28 through 31 and 34 through 37 shall regularly
inspect and maintain the natural grade of the critical slope
areas on such Lots. If the natural grade in the critical slope
areas has been disturbed, Craig and/or its successors and
assigns shall promptly take all necessary action to repair,
replace and restore the natural grade.
c. Right ofingress and egress: For the purpose of
performing the duties identified in sections 3(a) and 3(b) ,
Craig reserves for itself and/or its successors and assigns a
nonexclusive right of ingress and egress over the easement, and
over those portions of Lots 6, 7, 28 through 31 and 34 through
37 identified as the 7.5 foot utility and drainage easement
reserved along all lot lines, as provided in Note 6 on page 1 of
the Subdivision Plat, to provide access to the easement on each
such Lot (the "access easement"); provided that if the access
easement is obstructed, then access to the easement shall be
over the remaining portions of such Lot on which buildings or
structures are not located, to the extent necessary to provide
reasonable access thereto.
d. Assignment and suc'ressors : The rights and duties of
Craig may be assigned to the Foxcroft Owners Association, Inc.,
and/or to the individual purchasers of Lots 6, 7, 28 through 31
and 34 through 37 as the successors in interest to Craig.
Whenever Craig assigns such rights and duties, it shall promptly
notify the County's Department of Engineering and Public Works
of the assignment.
April 1, 1998 (Regular Meeting) 000157
(Page 12)
4. flights of the County: The County shall have the
following rights with respect to the easement it has been
granted hereby:
a. Right to inspect: The County shall have the right to
inspect the natural grade of the critical slope areas on Lots 6,
7, 28 through 31 and 34 through 37, and if the natural grade in
the critical slope areas has been disturbed, may notify Craig
and/or its successors and assigns to promptly take all necessary
action to repair, replace and restore the natural grade.
b. Right of ingress and egress: For the purpose of
exercising the right granted in section 4(a) , the County is
granted a nonexclusive right of ingress and egress over the
easement, and over the access easement; provided that if the
access easement is obstructed, then access to the easement shall
be over the remaining portions of such Lot on which buildings or
structures are not located, to the extent necessary to provide
reasonable access thereto.
c. No duty to repair. replace. restore and maintain: If
the natural grade of a critical slope area on Lots 6, 7, 28
through 31 or 34 through 37 has been disturbed, the County shall
have no duty to repair, replace and restore the natural grade.
Such duty is exclusively that of Craig and/or its successors and
assigns.
5. Easement shall run with the land: The reservation and
deed of easement established hereby shall be binding upon and
inure to the benefit of Craig and the County and their
successors and assigns.
6. surrender and rPleasf of declaration of slope
easement: To the extent the declaration of slope easement
affects those portions of Lots 6, 7, 28 through 31 and 34
through 37 of the Subdivision that include critical slopes,
Craig hereby surrenders and releases its reservation of an
easement, and all rights and obligations pertaining thereto, and
the County hereby surrenders, releases and quitclaims unto Craig
and/or its successors and assigns the easement granted to it,
and all rights and obligations pertaining thereto, set forth in
the declaration of slope easement dated November 14, 1995, and
recorded in the Office of the Clerk of the Circuit Court of the
County of Albemarle in Deed Book 1503, Page 511. This release
affects only Lots 6, 7, 28 through 31 and 34 through 37 and not
any other lots in the Subdivision which were originally subject
to the declaration of slope easement.
Item 5.9. Letter dated March 24, 1998, from Ms. Angela G. Tucker,
Resident Highway Engineer, to Ms. Ella W. Carey, Clerk, re: comments
regarding transportation matters discussed at the February 4 and March 4, 1998
Board meetings, was received for information, as follows:
"We offer the following comments regarding transportation
matters that were discussed at the February 4 and March 4, 1998
Board meetings.
• I have responded to Ms. Mallek regarding the private
"'m entrance on Route 743. Please see a copy of the letter
which is attached for your information.
• The Department cannot prohibit the use of air brakes along
the Route 29 Corridor, nor do we recommend that a
restriction be pursued due to safety and liability issues.
We are continuing to investigate potential remedies to
this concern.
• The right of way on Route 667 (Catterton Road) west of
Route 776 has been dedicated, however, several significant
temporary construction easements are necessary in order to
build the road and tie in slopes. Many of these easements
have not been dedicated and several property owners have
3
April 1, 1998 (Regular Meeting) 000158
(Page 13)
refused to allow use of these easements across their
properties. We will continue to work with interested
property owners to obtain the required easements on the
future occasion that road improvements can be funded (see
attachment) .
• The Department will consider appropriate means of
notifying the public about the Route 29 South Corridor
Study meetings. I will keep the Board apprised of these
•••. considerations.
• Route 615 (Lindsay Road) has been machined and gravel has
been added as requested for routine maintenance.
Please share this information with the Board members. If there
are any questions, I will be prepared to discuss them at the
April 1 Board meeting."
Item 5.10. January, 1998 Financial Report for the General, School and
Capital Funds, was received as information.
It was noted that General Fund revenue projections were revised as of
December 31, 1997. Preliminary estimates indicate that General Property Tax
collections will be approximately $1.7 million less than budgeted. Permit
fees and the GE-Fanuc loan repayment will help offset the estimated reduction
in property tax collections resulting in a net estimated revenue reduction of
$1.4 million. General Fund expenditure projections have been revised to
reflect a two-percent holdback for operating expenses. The expenditure
reductions have not been adjusted to reflect the additional tax revenues of
$130,282 from the January updated revenue projection. This will be done in
the March report.
Education revenue projections have been revised to reflect a $1.1
million General Fund holdback. This projection also does not reflect the
additional $195,422 in tax revenues from the January revised revenue
projections that the Schools will receive to address the School's $1.1 million
in the current year. Education expenditure projections reflect a 7.5 percent
operating expense holdback, net compensation adjustment.
Item 5.11. February, 1998 Financial Management Report for the General,
School and Capital Funds, was received as information.
It was noted that General Fund expenditure projections have been revised
to reflect a two-percent holdback for operating expenses. The expenditure
reductions have not been adjusted to reflect the additional tax revenues of
$130,282 from the January updated revenue projection. Education expenditure
projections reflect a 7.5 percent operating expense holdback, net compensation
adjustment.
Item 5.12. Monthly update on the FY 1997-98 Project Schedule for the
Department of Engineering & Public Works as of March 20, 1998, was received as
information.
(Ms. Thomas asked if some of the projects have been affected by the
changes made in the Capital Improvements Plan. For example: the Crozet Park
Fields project is noted as having been delayed by the Parks Department. Mr.
^ Bill Mawyer, County Engineer, said that project was not delayed by changes in
the CIP. The Parks Department is currently doing a master plan for the whole
park in order to implement different phases in small parts. There has been
some grading of the Little League Fields.
(Ms. Thomas asked about the Murray High School renovations project. Mr.
Mawyer said that was a consequence of changes in the CIP. The Schools decided
to defer the project (air-conditioning, and other improvements) several years
in order to stay within its budget.
(Ms. Thomas asked about the time extension negotiations on Monticello
High School. Mr. Mawyer said negotiations are in progress, in fact there is a
job site meeting with the contractor this morning. There have been ongoing
discussions with them about time extensions for weather and change orders and
April 1, 1998 (Regular Meeting) 000159
(Page 14)
they recently came to a tentative agreement on time extensions to address all
of the issues to date. This would take "substantial completion" of the school
to the end of July. The original contract called for substantial completion
on June 15, and now it will be about July 30. He does not think that will
impact the Schools significantly. It will not all be ready on the last day;
it will be ready in parts. There are six individual buildings and some of
— them are more nearly completed than others. The three school houses are well
along in completion stage. The administrative area is the part that lags in
completion. He expects the Schools to get occupancy of the buildings in a
Pm./ timely manner. Mr. Mawyer said the weather situation the last 18 months
justifies a time extension. They have been trying to deal fairly contractor,
and at the same time, represent the County's needs in getting the school on
time. Kenbridge has generally been reasonable with the County, and hopefully,
both will sign off on the proposed agreement and the end of July will be
generally the completion date.
(Mr. Mawyer said as to transportation matters, Kenbridge has asked that
Mill Creek Drive not be opened until around the time the school is completed.
They feel it will help them expedite completion of the project. With
materials stored on both sides of the road and equipment staged in the road,
it would be too much to have public traffic in the middle of that operation.
Staff does not know of any reason not to agree to that request. It would be
mutually beneficial to allow Kenbridge to continue to maintain security on the
whole
site.
(Mr. Martin said given the amount of rain that has occurred the last few
months, it is amazing that the project is still close to being completed on
time. Mr. Mawyer said the project started in December, 1996 about the time of
tremendous snows in December and January, so there has been a lot of
discussion as to how to fairly compensate Kenbridge on time for those
periods.)
Item 5.13. Copy of letter dated March 11, 1998, from Ms. Janice D.
Sprinkle, Deputy Zoning Administrator, to Mr. Roger L. Gibson, re: Tax Map
58A2, Parcel 21, T/A Ivy Exxon - Determination of Official Zoning to be C-1,
Commercial, was received as information.
Item 5.14. Arbor Crest Apartments (Hydraulic Road Apts.) Monthly Bond
and Program Report for the month of March, 1998, was received as information.
Item 5.15. Copy of Planning Commission minutes for March 10, 1998, was
received as information.
Item 5.16. Copy of minutes of the Board of Directors of the Albemarle
County Service Authority for January 15 and February 19, 1998, were received
for information.
Item 5.17. Letter dated March 24, 1998, from Gerald G. Utz, Contract
Administrator, Department of Transportation, providing notice that VDOT will
hold a location and design public hearing on the proposed improvements to
Route 631 (Rio Road) , from Brookway Drive to Stonehenge Road, Albemarle
County, (Project #0631-002-S66,C501), was received for information.
The proposed project is to install guardrail on the southeast side of
Rio road between Brookway Drive and Stonehenge Road. In order to install the
guardrail, five feet of additional roadway will be needed. VDOT proposes to
widen the cut area on the northwest side of Rio Road to accommodate the
installation of the guardrail at the top of the existing fill area. Rio Road
will be closed to through traffic during the construction periods under the
proposed plan. Access will be provided to all properties during this
construction.
Agenda Item No. 6. Approval of Minutes: February 21, April 17 and May
8, 1996.
vmmoimmk
April 1, 1998 (Regular Meeting) 000160
(Page 15)
Ms. Thomas had read February 21, 1996, pages 1 to 12, and found them to
be in order with the exception of some inconsequential typographical errors.
Mr. Marshall had read May 8, 1996, and found them to be in order.
Motion was offered by Mr. Martin, seconded by Ms. Thomas, to approve the
— minutes as read. Roll was called and the motion carried by the following
recorded vote:
Pm% AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and
Mr. Marshall.
NAYS: None.
Agenda Item No. 7. Transportation Matters.
Mr. Perkins asked for an update on the bridge projects at Sugar Hollow.
Ms. Tucker said that VDOT has awarded a contract for that work and it should
be starting this Spring. They have not yet set a preconstruction conference.
Wilken's Construction will be building both bridges. She will copy the Board
on the pre-construction meeting notice.
Mr. Martin asked that she speak about Rocky Hollow Road. Ms. Tucker
said Mr. Cropp's concerns are valid, as are those of most people who live on
gravel roads. Everyone is familiar with the process for allocating the
limited funds that include securing the donated right-of-way or easements for
improving gravel roads. Usually VDOT looks to having that donation occur
prior to adding the road to the priority list or Six-Year Plan. VDOT is
interested in working with interested citizens if they want to pursue the
right-of-way or easements necessary for improvements. She does not believe
this road lends itself to the Pave-in-Place program, but she will look at
minimizing easements and right-of-way.
..9 Mr. Perkins asked if the road could be black-topped in the places where
there is frequent flooding. Ms. Tucker said they could look at approaches to
pipe crossing or bridge structures to minimize the gravel washing into the
streams. They usually do not do anything more than a couple of hundred feet
of approach work. They can look to stabilize spot locations.
Mr. Marshall asked if it would not be cheaper to put on some hard rock
similar to that on primary grades. Ms. Tucker said it is cheaper, but the
process involves improving roads first before that actual stabilization is
made. They have to get a minimum 18-foot width before they can actually
surface-treat a road. Even when they make exceptions and do spot
improvements, they look to get that minimum road width just to allow the
passage of two lanes of traffic. It is not a matter of being allowed to Pave-
in-Place; rather, there needs to be improvement where they put a minimum
shoulder and ditch alongside an 18-foot wide roadway back into right-of-way or
easements. That usually means some grading and preliminary work. She stated
that she will work with Mr. Cropp.
Mr. Martin thanked Ms. Tucker for Route 615.
Mr. Marshall said he is going to bring this up at the meeting in
Culpeper tomorrow, but he is concerned about the new bridge on Route 20 (known
as Carter's Bridge) , which is going to be replaced. When this bridge is
replaced, he would like to be able to drive across the bridge and see the
river. He asked that VDOT not install a concrete wall. He thinks they can
install guardrails and still have a nice wooden fence so that someone can look
down at the river. He asked if he should bring this up at the Preallocation
Hearing tomorrow. Ms. Tucker said it would be appropriate to state that
desire at the hearing. It will only go to support what is already the intent,
but it is good to have it on record.
Mr. Marshall said he received a call from Mr. Irvin Jones, Principal at
Monticello High School, who expressed concern about being able to exit the new
road onto Route 20. He asked if a stop light could be installed at that
point. Mr. Marshall said he would like for Ms. Tucker to call Mr. Jones and
tell him how this is proceeding, with slowing the traffic down to make it
' 000161
April 1, 192p (R hula eeting).
(Page 16)
safer. Ms. Tucker said Mr. Jones has also contacted her and she suggested he
talk with the County's Engineering staff.
Mr. Mawyer said the Engineering Department has been working with VDOT
staff to reevaluate that whole intersection. They plan on issuing a report
within the week stating some recommendations so the Board can have input at
— that time. He believes the general recommendation is that the intersection
does not warrant a stop light so he thinks other things to improve it will be
recommended. Staff plans to meet with Dr. Hurt to see if he will allow some
_. clearing on his property to improve the sight distance, particularly to the
north. There is the possibility of installing some flashing lights on Route
20 at both ends of the intersection.
Mr. Marshall said something needs to be done now to slow traffic down so
people will start getting used to it before the school opens. He reiterated
that it is a dangerous situation. He does appreciate everything that is being
done. He asked that Mr. Jones be contacted and given the status.
Mr. Bowerman asked the status of the through-truck traffic prohibition
on Rio Road. Ms. Tucker said that request is in the State Traffic Engineer's
office for the Commonwealth Transportation Board's (CTB) approval. Mr.
Bowerman asked that the Board be made aware next month of the status including
when it will be heard by the CTB.
Ms. Thomas noted that the Ivy Store burned and will have to be rebuilt.
They will also have to take up the gasoline tanks and replace those. She
would like for some discussion of this with the property owner and the
storekeepers at this point. There is going to be major work done there and
everyone is aware of what a dangerous parking lot it is where people just sort
of merge on and off of the highway. She just wanted to alert staff that if
there is any chance of helping make that a safer parking lot with a more
definite entrance and exit, this might be the opportunity. Ms. Tucker said
''"'! VDOT supports that request.
Ms. Tucker said a public notice has been mailed about the upcoming
public hearing for the guardrail project on Rio Road. They are proposing that
the road be closed, which is a potential 60 to 75-day road closing, beginning
on June 1, 1999. She has met with the County and City Engineering staffs,
County Police Department and Fire and Rescue, and all are unanimously in
support of closing that road. Fire and Rescue feel they will better be able
to deal with their operations knowing for certain that use of that road is not
an option at any time. Since this is a secondary road, its closing is a local
issue and needs Board support.
Mr. Perkins suggested timing the closing of the road with the closing of
the schools, but that would require the road to be completed before the
schools reopened. Ms. Tucker replied that she had been told that bus routing
would not be interrupted by the closing. Mr. Martin asked how the people
living inside that area would leave. Ms. Tucker answered that the road would
be closed between Stonehenge Drive and Agnese Street, which only includes two
driveways. Mr. Bowerman suggested talking to Mr. Willie Smith, Transportation
Director, to find out ahead of time what impact it would make on his
operation. Mr. Bowerman asked whether they were aware that the main detour
would be Route 29 and the Route 250 Bypass. Ms. Tucker acknowledged that
there would be an impact to local traffic, but strictly through traffic would
be guided into the Route 29 Corridor. She hoped to have appropriate detour
information available at the public hearing on April 21, at Charlottesville
High School from 5:00 to 7:00 p.m.
Ms. Tucker noted that the $600,000 in safety funds allocated is $600,000
above and beyond the secondary allocation, and that if it is not used here, it
goes away.
Motion was offered by Mr. Martin, seconded by Ms. Humphris, that staff
draft a resolution in support of closing Rio Road during this time and that it
be put on next week's consent agenda. Roll was called and the motion carried
by the following recorded vote:
I 1
April 1, 1998 (Regular Meeting) 000162
(Page 17)
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and
Mr. Marshall.
NAYS: None.
Mr. Mawyer reported that they have completed design documents for the
— stop light at Mill Creek, that is has been advertised for bids and that they
expect to have it completed by September.
Agenda Item No. 8. PUBLIC HEARING on a request from Hurt Investment
Company to amend the service area boundaries of the Albemarle County Service
Authority for water and sewer service to 119 acs (part of proposed Fontana
Subdivision) on TM78, P57 (portion) located on E side of Rt 20 N, N of Phase
III of Wilton Farms Apartments & Garnett Treatment Center. (Advertised in the
Daily Progress on March 16 and March 23, 1998.)
Mr. David Benish summarized the staff's report which is on file in the
Clerk's Office and made a part of the permanent records of the Board of
Supervisors. He said the applicant, Hurt Investment Company, has requested
service area designation for water and sewer service to 119 acres of the
proposed Fontana development which received preliminary subdivision plat
approval for 167 lots on December 19, 1997. A special use permit was also
recently approved for the Frost Montessori School on the property near Route
20. The property was part of the larger "Luxor property." The southern
portion of Parcel 57 is already in the service area for both water and sewer.
He said there are two proposed lots which straddle the Development Area
boundary which is at the 600-foot contour along the eastern edge of this
property. These lots have both R-4 and RA zoning. Based on the approved
preliminary plat, there are building sites within the R-4 portions of both
lots. In order to be consistent, the County's policy for establishing service
area boundaries says service should only be provided to the portions of these
two lots within the Development Area. He noted that the Ashcroft development
is to the east of this property and outside of the Development Area. However,
it is within the service area for water service only. Water service is
available on-site and sewer service is approximately 800 feet from the
property.
Mr. Benish said that as a general policy, staff has advised that public
utility capacities be reserved to support development of designated
Development Areas. This request is consistent with the public utility policy
of the Land Use Plan provided service is limited to lots within the designated
Development Area. Staff recommends that this area be included in the service
area for water and sewer service. However, in order to insure that service is
provided only within the designated Development Area, staff recommends that
the Board withhold approval of an amendment to the service area boundary until
approval of a final subdivision plat. This would allow staff time to insure
that appropriate notes are included on the plat for lots in question limiting
service to building sites within the designated Development Area (R-4 zoned
portion of the lots) .
Mr. Bowerman asked whether the Board could put a note on the plat that
the Board will never extend water to a building built inside the rural area
portion of that site. Ms. Humphris stated that, for 18 years the Board has
stuck strictly to the policy because they do not wish to endanger the
watershed and that message must be emphasized. She would hope that such a
policy would be the consensus of the Board and that the notice would be given
up front. Mr. Cilimberg suggested that the Board simply concur with the
service area recommendation of staff and that appropriate notes be included on
the plat indicating that no public water will be provided to those lots above
the 600-foot elevation.
At this time, Mr. Marshall asked if the applicant wanted to speak. The
applicant was not present. He then opened the public hearing. With no one
from the public risingto speak, the P public hearing was closed and the matter
placed before the Board.
Motion was offered by Ms. Humphris, seconded by Mr. Bowerman, to approve
an amendment of the service area boundaries of the Albemarle County Service
Authority for water and sewer service to the proposed Fontana Subdivision, as
recommended by staff, and that appropriate notes be included on the plats in
large bold print that no public water will be provided on those lots above the
April 1, 1998 (Regular Meeting) 400163
(Page 18)
600-foot elevation. Roll was called and the motion carried by the following
recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and
Mr. Marshall.
NAYS: None.
Agenda Item No. 9. Request from Ellis A. Sprouse to set a public
hearing to amend the service area boundaries of the Albemarle County Service
Authority for sewer service to Beaver Hill Mobile Home Park, Tax Map 57,
Parcel 8, is located on the north side of Route 240 in Crozet.
Mr. Benish summarized the staff's report which is on file in the Clerk's
Office and made a part of the permanent records of the Board of Supervisors.
He said the applicant, Ellis A. Sprouse, requests service area designation for
sewer service to the Beaver Hill Mobile Home Park. The 47.5 acre parcel is
located on the north side of Route 240 across the road from The Highlands at
Mechums River development. The property is designated as Rural Area in the
Land Use Plan, and is located within both the Beaver Creek water supply and
the South Fork Rivanna River water supply watersheds. This property is
currently in the service area for limited water service to a "house, storage
building, equipment shed, shop, and 43 mobile home spaces." The service area
• boundary was amended in August, 1983 to provide limited water service.
Mr. Benish said the subject property is not within a Development Area
(Route 240 forms the northern boundary for the Community of Crozet) . The
applicant is requesting sewer service for this site due the existence of at
least one failing septic system which serves multiple mobile homes. The
Health Department has evaluated the site and determined that there is a system
failure, and that there are very limited reasonable alternative locations for
replacement fields on the property. During a field review of the site, Health
Department Officials also identified to staff two other septic fields which
appear to be in the early stages of failure. Sewer service is available at
The Highlands at Mechums River across Route 240 from this property.
Connection to this line will require pumping from the mobile home park. There
are no other sewer lines near this property where "gravity service" could be
provided. Based on information provided by the Health Department, the request
is consistent with the strategies of the Land Use Plan for the provision of
service outside the designated Development Area. Staff recommends proceeding
to public hearing to consider providing sewer service to existing structures
and mobile home sites.
Mr. Bill Brent from the Albemarle County Service Authority noted that
the Board might want to specifically limit sewer service to the structure and
those mobile homes and that the right to sewer service should expire if the
mobile homes are removed.
Mr. Marshall asked the applicant to speak.
Ms. Bev Ergenbright gave a picture of the court to the Board and noted
that it was a 30-year system that was deteriorating and the cost to replace
the lines would be only a temporary measure. A sewer hookup would solve the
environmental problems. She stated that the trailer park had a good
reputation in the community and was usually near full capacity. The owners
maintain a nice court and she would like to see the request go to a public
hearing. She understands that the hookup is only 100 feet across the road,
and the court was there long before the service area boundary was decided.
Motion was offered by Mr. Perkins, seconded by Ms. Humphris, to set this
request for public hearing on May 6, 1998. Roll was called and the motion
carried by the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and
Mr. Marshall.
NAYS: None.
Agenda Item No. 10. Request to set a public hearing to amend the
service area boundaries of the Albemarle County Service Authority for sewer
service to the proposed Indoor Tennis Facility at Farmington Country Club,
located on Tax Map 60E2, Parcel 1.
L
April 1, 1998 (Regular Meeting) 00416
4
(Page 19)
Note: Ms. Humphris noted that she is a member of the Farmington County
Club, but she feels she can deal with this issue fairly.
Mr. Benish summarized the staff's report which is on file in the Clerk's
Office and made a part of the permanent records of the Board of Supervisors.
He said the Board of Supervisors will consider SP-98-05 for Farmington Country
— Club on May 13, 1998. It is a request to locate an indoor tennis facility
adjacent to existing maintenance storage buildings on Old Mill Road
approximately 1200 feet east of the existing clubhouse on the Farmington
Country Club property. Farmington Country Club is also requesting amendment
of the Albemarle County Service Authority's service area to provide for sewer
service to the proposed indoor tennis facility with bathroom facilities. The
property is designated Rural Area in the Comprehensive Plan, and is zoned
Rural Area. Farmington lies within the South Fork Rivanna River Reservoir
watershed. The Comprehensive Plan is intentionally specific regarding where
and under what circumstances public utilities should be made available. The
Farmington residential area is designated for water service only. The
Farmington Clubhouse complex was designated for both water and sewer service
in the late 1970's when the Morey Creek Interceptor was constructed. That
designation was made prior to establishment of the current policy regarding
extension of public utilities to the Rural Area.
The Farmington Country Club Clubhouse is currently served by privately
maintained sewer lines and a pump station. An existing sewer line traverses
the proposed indoor tennis facility property and connects to the Morey Creek
Interceptor located on Route 601 (Old Garth Road) near the railroad underpass
at the Route 250 Bypass ramp. The Service Authority has stated that the
private lines and the Morey Creek Interceptor have adequate capacity to accept
the additional load. The rate of flow is controlled by the existing pump
station on the Farmington property. Staff is not aware of any public health
or safety issues. The Health Department has not yet made comment on the
potential for a septic system. This request is not consistent with
Comprehensive Plan recommendations regarding provision of public water and
sewer service areas. The proposed use is located outside a designated
Development Area, within a reservoir watershed, and is subject to a special
use permit. No verification of endangerment to public health and safety has
been provided. In its favor, the Planning Commission recommended approval of
the special use permit, and the proposed use is located adjacent to an
existing sewer line. An extenuating circumstance is the fact that the
existing club is currently within the service area for sewer service. Based
on this information, the Board may want to consider holding a public hearing
to receive comment.
Mr. Bill Brent noted that the Clubhouse was originally served by the
treatment plant and the connection was made when the interceptor was built.
He is not aware that any additional buildings were added to the sewer service
that weren't on the original treatment plant.
Ms. Thomas stated that she wanted to hear the special use permit before
deciding on this request. Ms. Humphris noted the last paragraph of the letter
from the architect, stating agreement with former County Attorney, George St.
John, that the club had a vested right to access to the club-owned sewer line
and wondered whether that was legally pertinent.
Motion was offered by Ms. Thomas, seconded by Ms. Humphris, to set this
item for public hearing for May 13, 1998. Roll was called and the motion
carried by the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and
`m Mr. Marshall.
NAYS: None.
Agenda Item No. 11. Neighborhood Team and Neighborhood Connections
Update.
Ms. Lee Catlin passed out evaluations from the Neighborhood Connections
'98 conference. The goal of the conference was to enable neighborhood groups
and leaders to effectively lead and organize programs to enhance their
neighborhoods. The workshops were led by local people, with local resources.
She felt that the results were positive, that most participants considered it
a worthwhile event that they would like to see happen again.
000165 .
April 1, 1998 (Regular Meeting)
(Page 20)
Ms. Thomas commented that she had been there for the wrap-up session and
that one of the charges made later was that the whole thing was drumming up
more business for the County so that the County budget could be made larger.
She, however, saw in the few minutes she was there that the focus was on how
the neighborhoods could be more effective and do more.
Ms. Catlin also announced the rededication of the W. D. Ward Center in
Esmont for April 18, 1998.
Agenda Item No. 12. Discussion: Proposed Dance Hall Ordinance.
Mr. Davis said since the County's current Dance Hall Ordinance does not
comprehensively cover contemporary concerns, the Board had requested staff to
develop a revised ordinance. A draft ordinance was prepared to address the
main issues the Board previously identified. Highlights of those items
include:
1) Background Investigations: prior to consideration by the Board of
an application for a dance hall permit the application shall be
referred to: a) the chief of police for owner criminal background
check and public safety issues; b) the fire chief for building and
parking lot safety concerns; and, c) the Zoning Administrator to
determine whether zoning and building requirements had been met
for the proposed use.
2) Right of Entry: members of the police department and fire
department may enter the dance hall at any time to ensure
compliance with the applicable laws.
3) On-site Security: one special police officer, bonded private
security officer, or police officer shall be provided on-site at
the expense of the permittee for every 100 patrons in attendance,
^ 4) Loitering: it is unlawful for any person to loiter around or
about the premises of a dance hall while a dance is being held,
5) Regulations for Teen Dance Hall: a) persons 19 years of age or
older shall not be allowed to enter or remain on the premises of a
teenage dance hall unless they are an employee or guardian of a
person attending; b) no alcoholic beverages shall be served or
permitted on premises; c) no persons 18 years of age or younger
shall be permitted to leave and thereafter reenter during the
course of the dance,
6) Restrictions for Adult Dance Hall: no one under the age of 18
shall enter or remain in a dance hall unless they are accompanied
by a parent or legal guardian or by a spouse or sibling over the
age of 18.
7) Revocation: upon finding that there has been a violation of any
of the provisions of this article, the zoning ordinance, or
building code, or upon finding that the use constitutes a
nuisance, the Board may revoke any permit issued.
8) Exemptions: requirements shall not apply to dances conducted for
benevolent or charitable purpose, nor to dances conducted not-for-
profit under the auspices of religious, educational, civic or
military organizations
9) Current Curfew: the County's curfew limits minors from being in
motor vehicles from 1:00 a.m through 5:00 a.m., unless they have
written parental consent. The City of Charlottesville's curfew
prohibits minors under the age of 17 to remain in any public place
or motor vehicle from 12:01 a.m. through 5:00 a.m. Monday through
Friday, and 1:00 a.m. through 5:00 a.m. Saturday and Sunday,
unless they have written parental consent.
Mr. Davis said this information is provided for the Board's review and
discussion. Guidance is needed in order to decide whether to go to public
hearing or not. If a public hearing is needed, additional input is required
on hours of operation and an annual permit fee.
�___.—`----- — ------ .w..—.ems.—.....•. ,._...."'Mfl^ I 1 -�--—
April 1, 1998 (Regular Meeting) 000166
(Page 21)
Mr. Martin said he felt the staff had done a good job and asked what
would happen if the police did a background check on someone and found they
had a criminal record. Ms. Thomas noted that a decision would have to be made
as to whether the person was fit to engage in the business of a dance hall and
asked what this would entail. Mr. Davis replied that the police would report
_ their findings to the Board and the Board could use those results as a basis
for denying the permit.
Mr. Bowerman asked whether this was legal. Mr. Davis replied that it
M=, was, that the Board has to power to regulate dance halls and that this is
modeled on other ordinances that have been sustained in other jurisdictions.
Ms. Thomas asked what happened to the police findings. Mr. Davis
answered that they were reported to the Board of Supervisors. The Board would
determine the suitability of the proposed dance hall. He noted that because
this is a police powers ordinance, the Board needed to address how they would
deal with existing dance halls. On the issue of curfew, he would not
recommend a general curfew ordinance, since it is very complicated and the
City is currently embroiled in a lawsuit over theirs. On the issue of the
license fee, under enabling legislature, the Board has authority to charge up
to $600 annually, with the intent being to allow the County to recover the
cost of this permitting process. Ms. Thomas asked if there would be a
suggestion from staff as to how much the process would cost. Mr. Tucker
replied that there would be and he would also check with other communities
that have established similar ordinances.
Mr. Bowerman noted that Section 3-11.10 prohibits intoxicated persons
from the dance hall. It would seem to him that if an adult dance hall
contemplated serving alcohol, that this section would be unenforceable. Mr.
Davis replied that he was correct from a practical viewpoint; the police use
more of a public drunkenness-behavior test, since defining 'legally
intoxicated" is often subjective. Mr. Bowerman commented that if this measure
was designed to be a measure of enforcement of public nuisances, then it fits;
as a practical matter, it seems unenforceable.
Mr. Marshall asked how this would fit into bars that have dancing. Mr.
Davis replied that this ordinance would require them to get a permit. Mr.
Perkins asked about a private party at Boar's Head for a private party. Mr.
Davis replied that if it were not open to the general public, it would not be
covered by this ordinance. Mr. Bowerman asked if there were any existing
ordinances that allow dance halls without allowing alcohol. Mr. Marshall
asked what would prevent a dance hall from signing people up and becoming a
private club. Mr. Davis answered that they would have to look at that.
Mr. Martin noted that the discussion started over teen dances and that
it has now become much more broadbased, discussing every club that has
dancing. His intention had been to allow people to open a nice clean dance
club for teens, but all of a sudden, the discussion is over every single place
that has dancing, with the exception of the clubs that cost a large sum of
money to join.
Mr. Perkins suggested an exemption if the dance floor does not exceed a
certain amount of square feet. Mr. Martin said the Board needs to look at the
outcome on various clubs, hotels and restaurants that would now suddenly be
affected by this ordinance. Mr. Tucker noted that the current ordinance
applies both to adults and teenagers; the Board could either say that the new
ordinance would only apply to teenagers or not give any retroactive power to
the ordinance. Mr. Bowerman stated that he did not consider many of the
..-, places mentioned as being dance halls. Ms. Thomas noted that they are still
dance halls under the current ordinance. Mr. Davis replied that whether those
places had received a permit to be a dance hall was another issue. Ms.
Humphris thought that the discussion was about places whose primary purpose
was dancing. Mr. Davis replied that it would be difficult to make
distinctions in some cases.
Mr. Martin suggested that the ordinance be limited just to teen dancing
and that any other changes should be made with the public's knowledge. Mr.
Marshall said that he did not want to cause any hardship to existing or future
businesses. Ms. Humphris said this ordinance was too much rigmarole for what
the Board was trying to accomplish. The new ordinance wouldn't apply to
charitable dances, which doesn't seem to accomplish what the Board desired.
She asked whether it could be made to apply to charitable organizations. Mr.
Bowerman said such things weren't an on-going commercial event, that it was
April 1, 1998 (Regular Meeting) 000167
(Page 22)
not his intent to regulate school dances but rather to regulate the for-profit
weekly dances. He doesn't envision the ordinance regulating dances run by a
school or church.
Mr. Davis asked what adult dance halls the Board wished to regulate.
Mr. Marshall asked whether there was any need at all to regulate adult dance
— halls. Mr. Thomas asked whether anything in the ordinance would make
enforcement of nuisance laws better than the current situation. Mr. Bowerman
replied that it would, but it would also penalize everyone. Ms. Humphris
,..� asked if the Board could define a dance hall based on square footage. Mr.
Davis said they could define a dance hall as exceeding a certain number of
square feet, so long as there was a reason for that number.
Mr. Bowerman asked about establishments where the dancing is an
ancillary use to the primary purpose of the business. He asked if the Board
could look now at a teen dance hall ordinance. Mr. Davis said the ordinance
could not separate teen from adult dance halls. Mr. Marshall said the Board
needs to keep in mind the economic impact such an ordinance would have on a
lot of businesses.
Mr. Marshall said that when you get to the adult dance halls, you have
to deal with hotels and such. Mr. Davis asked whether the old ordinance would
be repealed as part of the teenage dance ordinance. Mr. Marshall replied that
may be necessary. Mr. Martin said the Board needed to proceed on two things:
regulating teen dance halls and then making the ordinance fit the businesses
that the Board wants it to fit. .
Ms. Thomas asked how someone would prove that they are 14, without a
driver's license or other ID. Mr. Davis noted that one can get identification
from the DMV, even if under age.
Ms. Thomas said this issue needed to be sent back to staff for further
work, to end up with an ordinance that would regulate teenage dance halls.
"m% Mr. Bowerman said a background check was a 'bit of overkill." Mr. Davis
said he could take that out, leaving just a building and safety inspection.
Mr. Davis asked whether the Board wanted to clarify what kinds of adult
dance halls they were interested in regulating. His suggestion was that, if
the status quo was desired, they should repeal the adult dance hall
restrictions while accepting the teenage dance hall ordinance. Mr. Tucker
asked whether this ordinance would exempt school dances. Mr. Davis replied
that it would.
The consensus of the Board was that Mr. Davis should redraft the
proposed ordinance.
Agenda Item No. 13. Other Matters not Listed on the Agenda from the
• BOARD.
Ms. Thomas announced that NACO's National County Government Week is in
the middle of April. The theme is creating sustainable communities. She
suggested there be a tie-in with the Sustainability Council if the Board wants
to pick up on the national theme. Mr. Tucker said he would ask Ms. Caitlin to
contact her if she has some ideas about what to do.
Ms. Thomas asked about the advertisements for public meetings which
appear in the Observer. She said the size and content of the advertisements
seems to being decreasing. She asked that staff provide information on the
costs involved and also look at the publications in which the ads are
published. Ms. Humphris said a lot of people think that those few public
hearings are all the Board deals with. Mr. Bowerman felt the Board should
look at how many publications are carrying this advertising.
Ms. Humphris said she had received in the mail yesterday from the State
Department of Forestry a communication dated March 18 containing an invitation
to a series of public hearings on riparian forest budgets, and a draft
implementation plan for Virginia. Unfortunately, the hearings took place on
March 30, March 31, with one being held today in Lynchburg, one tomorrow in
Boydton and one on Tuesday the 7th in Fredericksburg. She asked if any member
April 1, 1998 (Regular Meeting) 000168
(Page 23)
of staff would be attending. Mr. Tucker said he had sent the notice to David
Hirschmann.
Ms. Thomas mentioned that she has been attending the Chesapeake Bay
Tributary Strategy meetings. At first she thought it was a waste of time, but
— it turned out that she was the only member of local government present. She
was the only one who had any knowledge of the various tax programs, such as
the land use value taxation, and how that might be used in getting to do best
management practices. Information will be received later on the strategies to
try and protect the Chesapeake Bay.
Ms. Thomas said she was interested in communications back and forth
about hunters. She left the meeting assuming the Board would get a report
back from the staff including more factual information. The hunters she has
talked to say it is the illegal hunters that need policing, but citizens are
often more concerned about perfectly legal hunting activities which scare
them. Mr. Tucker said staff will be providing a report on increasing
enforcement activities during the next hunting season in the Fall and the cost
of that.
Ms. Humphris said the problem is not illegal hunters, but legal hunting
taking place quite close to where people are living or walking. She thought
the idea had been brought up of a citizen's committee to discuss the issue.
Mr. Martin said he did not want "to go down that road," to which Mr. Marshall
replied that he would not, either. Mr. Perkins stated that people need to be
more aware of the regulations. Ms. Humphris said there is a large segment of
the public that wants the Board to take a closer look at this issue.
Ms. Thomas said she is interested in a report from staff and will
withhold judgment on the issue until she sees the report. Ms. Humphris said
the Board should form a citizens' committee to come back with recommendations
on this issue. Mr. Martin said the Board has heard hard facts on the issue.
He feels a committee would just come back with a bunch of regulations to ban
various things.
Mr. Bowerman said the County has ordinances which deal with the rural
area in terms of agricultural, silviculture uses by right. Also, it is
recognized that some uses were abused in the past where there were actually
development activities taking place before there was an approved plan. It is
his understanding, and from looking at pictures, that there has been about a
100-foot wide, two-mile cut of timber made in a location where the County has
no approved plans for a road. He asked if there is an application on file.
Mr. Cilimberg said there is an application for road plans, part of the total
property that was approved for a final plat, but staff has nothing being
processed now.
Mr. Bowerman said the intent of the ordinance is to prevent destruction
of property without controls, grading or soil erosion and all those measures.
When there is a situation where the intent is clearly one thing, but has been
represented as something entirely different, it is clear to him there was an
activity on the property. It is not a parcel of land that has been forested.
His point is that if the County cannot do anything about it, get rid of the
ordinance. If the incident is prosecutable, then that needs to be done. If
this is a logging operation, it is a violation of State law and the Best
Management Practices ordinance. Even if the contractor is gone, hold the
property owner responsible. Mr. Davis stated that in adopting the Water
'mm'l Resources Ordinance, there were specific guidelines given as to when something
is a development. If there are plans for the property that were approved for
development, it becomes a factual dispute over whether someone is foresting or
just clearing for roads. If it is development, they can be required to have
permits. Mr. Cilimberg said that from the viewpoint of the plan approval, he
needs interpretation to see if they are allowed to hold anything that may come
— in at a later point. Foresting would be an allowable use, but clearing it for
development would be a violation.
Mr. Marshall announced that people wishing to speak at the public
hearing on the budget on April 8, 1998, may not sign up to speak until 6:00
p.m. that day.
i ( a
•
April 1, 1998 (Regular Meeting) 000169
(Page 24)
Agenda Item No. 14. Executive Session: Personnel and Legal Matters.
At 11:46 a.m., motion was made by Mr. Bowerman, seconded by Ms.
Humphris, that the Board go into Executive Session pursuant to Section 2.1-
344.A of the Code of Virginia, under subsection (1) to discuss personnel
matters regarding the status and assignment of a specific employee and legal
representation issues; under subsection (7) to consult with legal counsel and
staff regarding a service agreement; under subsection (7) to consult with
legal counsel and staff regarding pending litigation concerning the transition
..� of Charlottesville to town status. Roll was called and the motion carried by
the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and
Mr. Marshall.
NAYS: None.
Agenda Item No. 15. Certify Executive Session.
At 1:20 p.m., the Board reconvened into open session. Motion was
offered by Mr. Bowerman, seconded by Ms. Humphris, that the Board certify by a
recorded vote that to the best of each Board member's knowledge only public
business matters lawfully exempted from the open meeting requirements of the
Virginia Freedom of Information Act and identified in the motion authorizing
the executive session were heard, discussed or considered in the executive
session. Roll was called and the motion carried by the following recorded
vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and
Mr. Marshall.
NAYS: None.
Agenda Item No. 16. Appointments. None were made.
I
Agenda Item No. 17. Adjourn. With no further business to come before
the Board, the meeting was immediately adjourned.
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