HomeMy WebLinkAbout1985-12-18December 18, 1985 (Regular Night Meeting)
(Page 1)
A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on
ecember 18, 1985, at 7:30 P.M., Meeting Room ~7, County Office Building, 401 McIntire Road,
harlottesville, Virginia.
BOARD MEMBERS PRESENT: Mr. F. R. Bowie, Mrs. Patricia H. Cooke, Messrs. Gerald E.
isher, J. T. Henley, Jr., C. Timothy Lindstrom and Peter T. Way.
BOARD MEMBERS ABSENT: None.
OFFICERS PRESENT: Mr. Guy B. Agnor, Jr., County Executive; Mr. George R. St. John,
~unty Attorney; Mr. Robert W. Tucker, Jr., Deputy County Executive; and Mr. John T. P. Horne,
irector of Planning and Community Development.
Agenda Item No. 1.
hairman, Mr. Fisher.
Call to Order. The meeting was called to order-at 7:32 P.M. by the
Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
Agenda ~tem No. ~. Co~sent~Agenda~ Mr. Lindstrom offered motion, seconded by Mr. Way,
~o approve the consen~ agenaa ana accep~ Item 4.4 as information. Roll was called and the
~'otion carried by the following recorded vote:
YES: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way.
AYS: None.
Item No. 4.1. Statements of Expenses in which the Compensation Board participates, for
he Director of Finance, Sheriff, Commonwealth's Attorney and Regional Jail for the month of
ovember, 1985, were approved as presented.
Item No. 4.2.a. Request was received to take McClary Court in Gilbert Heights Subdivision
nto the State Secondary System of Highways. The following resolution was adopted:
BE IT RESOLVED by the Board of Supervisors of Albemarle County,
Virginia, that the Virginia Department of Highways and Transportation
be and is hereby requested to accept into the Secondary System of
Highways, subject to final inspection and approval by the Resident
Highway Department, the following road in Gilbert Heights Subdivision:
McClar¥ Court:
Beginning at station 0+10, a point common with the edge of
pavement of Route 600 and the centerline of McClary Court,
thence in a northeasterly direction 1,033.77 feet to station
10+43.77, the end of the cul-de-sac.
BE IT FURTHER RESOLVED that the Virginia Department of Highways
and Transportation be and is hereby guaranteed a 50 foot unobstructed
right-of-way and drainage easement along this requested addition as
recorded by plats in the Office of the Clerk of the Circuit Court of
Albemarle County in Deed Book 709, page 56 and Deed Book 861, page 441.
Item No. 4.2.b. Request was received from Mr. James M. Hill, Virginia Land Company, to
ake Bob White Court in Whippoorwill Hollow Subdivision into the State Secondary System of
[ighways. The following resolution was adopted:
BE IT RESOLVED by the Board of Supervisors of Albemarle County,
Virginia, that the Virginia Department of Highways and Transportation
be and is hereby requested to accept into the Secondary System of
Highways, subject to final inspection and approval by the Resident
Highway Department, the following road in Whippoorwill Hollow Subdivision:
Bob White Court:
Beginning at station 0+10, a point common with the centerline of
Bob White Court and the edge of pavement of Thrush Road, thence in
a southwesterly direction 551.45 feet to station 5+61.45, the end
of the cul-de-sac.
BE IT FURTHER RESOLVED that the Virginia Department of Highways
and Transportation be and is hereby guaranteed a 50 foot unobstructed
right-of-way and drainage easement along this requested addition as
recorded by plat in the Office of the Clerk of the Circuit Court of
Albemarle County in Deed Book 694, page 545.
Item No. 4.2.c. Request was received to take a new loop circulation road (Route 9009) at
Broadus Wood Elementary School into the State Secondary System of Highways.
Item No. 4.3. Request was received for the abandonment of the old circulation road
Route 9009) at Broadus Wood Elementary School. The following resolution was adopted:
WHEREAS, certain changes have resulted in the Secondary System due
to relocation and construction of Route 9009; and
218
December 18, 1985 (Regular Night Meeting)
(Page 2)
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Albemarle County, Virginia, that the following section, as outlined in
green on the attached site plan (on file), be added to the Secondary
System pursuant to Section 33.1-155 of the Code of Virginia:
Beginning at station 0+00, a point common with the
centerline of the loop circulation road and the edge
of pavement of Route 663, thence in a northwesterly
direction 803.32 feet to station 8+03.32, the end
of the loop circulation road.
BE IT FURTHER RESOLVED that the following section as indicated in
red be abandoned:
Beginning at station 0+00, a point common with the
edge of pavement of Route 663 and the centerline of
the school's circulation road, thence in a northwesterly
direction approximately 540 feet to station 5+40, the
end of the loop circulation road.
Item No. 4.2.d. Request was received to take Gloucester Court in Carrsbrook Subdivision
into the State Secondary System of Highways. The following resolution was adopted:
BE IT RESOLVED by the Board of Supervisors of Albemarle County,
Virginia, that the Virginia Department of Highways and Transportation
be and is hereby requested to accept into the Secondary System of
Highways, subject to final inspection and approval by the Resident
Highway Department, the following road in Carrsbrook Subdivision:
Gloucester Court:
Beginning at station 0+10, a point common with the
centerline of Gloucester Court and the edge of pavement
of Gloucester Road, thence in an easterly direction
568.71 feet to station 5+78.21, the end of the cul-de-sac.
BE IT FURTHER RESOLVED that the Virginia Department of Highways
and TransPortation is guaranteed a variable right-of-way of between 45
and 50 feet along this requested addition as recorded by plats in the
Office of the Clerk of the Circuit Court of Albemarle County in Deed
Book 851, page 416, and Deed Book 832, page 586.
Item No. 4.2.e. Request was received from Mr. James M. Hill, Jr., Virginia Land Company,
to take Commonwealth Drive in Westfield Subdivision into the State Secondary System of Highways.
following resolution was adopted:
BE IT RESOLVED by the Board of Supervisors of Albemarle County,
Virginia, that the Virginia Department of Highways and Transportation
be and is hereby requested to accept into the Secondary System of
Highways, subject to final inspection and approval by the Resident
Highway Department, the following road in Westfield Subdivision:
Commonwealth Drive:
Beginning at station 0+26, a point common With the edge
of pavement at Hydraulic Road and the centerline of
Commonwealth Drive, thence in a northeasterly direction
2,494 feet to station 25+20, the end of the temporary
cul-de-sac.
BE IT FURTHER RESOLVED that the Virginia Department of Highways
and Transportation be and is hereby guaranteed a 70 foot unobstructed
right-of-way and drainage easement~along this requested addition as
recorded by plats in the Office of the Clerk of the Circuit Court of
Albemarle County in Deed Book 704, page 517, Deed Book 697, page 425,
Deed Book 712, page 688 and Deed Book 575, page 282.
Item No. 4.4. A copy of Planning Commission minutes for its meeting of December 3, 1985,
received as information.
Agenda Item No. 5. Public Hearing: To receive suggestions from the public on appointment
School Board members effective January 1, 1986. (Notice of this public hearing was published
the Daily Progress on December 6, 1985.)
Mr. Fisher said a new requirement under Code Section 22.1-29.1 states that all appointing
~dies of School Boards shall conduct a public hearing prior to the appointment of .those
~embers for the purpose of receiving comments from citizens. Mr. Fisher said this is an
~xperiment in democracy. He then opened the public hearing.
Mrs. Martha Wood, President of the Albemarle Education Association, said the Albemarle
tion Association is pleased to support the concept of this open hearing for the appoint-
of School Board members. The AEA believes that School Board members should possess the
~llowing characteristics: a love of education; a primary interest in advancing the cause of
Lll children; persons who can view the whole picture of a given issue and are willing to take
~n active role in the formulation of policy and the discussion of issues; be willing to ask
lard and sometimes unpopular questions; have the time at their disposal to investigate the
iieeds of the schools, the needs of the students and the needs of the educators in the schools;
December 18, 1985 (Regular Night Meeting)
(Page 3)
219
be open-minded, independent thinkers and have no hidden agendas; and have some knowledge of
basic educational theory. The Albemarle Education Association appreciates the opportunity to
come before the Board of Supervisors to express these beliefs and interests, and awaits the
Board's decision in the new year with interest a~d anticipation.
Mrs. Jannene Shannon said she lives near Covesville, has two children in the Albemarle
County school system and would like to speak on behalf of Mr. Ed Bain, Jr. Mrs. Shannon said
Mr. Bain has supported events at Western Albemarle High School even though his children are
not in high school. Mr. Bain is interested in the activities of all children and is dedicated
to making schools better for children. His qualities of integrity, fairness and dedication
would be a tremendous asset to any school board.
Mr. Gregory Shasby, speaking on behalf of Mrs. Linda Perriello, addressed the Board. Mr.
Shasb¥ said Mrs. Perriello is an individual who directs a tremendous amount of energy and
interest to the school system, sets goals and gets the resources that are needed to accomplish
those goals, and has the ability to work with individuals, groups and organize activities.
Mrs. Perriello was also one of the facilitators of getting youth sports into the school
system. Mrs. Perriello would make an excellent School Board member and he strongly supports
her candidacy.
Mr. Clifford W. Haury, speaking on behalf of Mr. Ed Bain, addressed the Board. He found
the following statement from a newspaper: "The interest of the man must be connected with the
constitutional rights of the place." Mr. Bain would bring a combination of self interest and
public interest to the School Board. During the next school year, Mr. Bain will have three
children in the school system. That is essential because the children will bring to him in
the capacity of a School Board member that little bit of energy and that little extra bit of
knowledge that has served him so well in his residency in the county. Mr. Bain displays good
knowledge of the school system, has experience with the PTO, a member of the ad hoc building
committee, member of the Parent Advisory Committee and through his children is actively
involved in sports. Mr. Bain has a great ability to see the needs of the system beyond his
district which is a very strong attribute for anyone who occupies a position on the School
Board. Mr. Haury believes Mr. Bain would serve the best interest of the children at all
levels. He has the ability to work within resources to provide for the children of Albemarle
County the best possible education at all levels.
Mrs. Sue Lewis, President of the Charlottesville/Albemarle League of Women Voters,
addressed the Board. The League of Women Voters several years ago developed the following
criteria for appointments to School Boards: the person should have an interest in and a
commitment to public education; a commitment to equity described as having a regard for the
individual differences as well as concern for the entire community; a willingness and ability
to serve effectively - someone with time, energy and health; integrity, initiative and courage
of convictions; an ability to work with others and to speak articulately and persuasively with
a broad knowledge of the issues; an ability to think in a critical and constructive manner
about all issues related to public education; an ability to recognize general principles and
apply them in particular cases in discussions and decisions; a creative approach to problem
solving and an ability to stimulate decisions within a group; an ability and energy to follow
through on Board decisions and implementation of Board policy. The League of Women Voters are
very pleased that the selection process for members of the School Board has moved to this open
public hearing.
Mrs. Charlotte Dammann, speaking on behalf of Mr. Bruce Rasmussen, addressed the Board.
A School Board member should know the entire community and the impact of each school on its
individual community. A School Board member must make hard decisions and often with limited
funds available. It is essential to set priorities and stick to them. Mr. Rasmussen has the
ability and has demonstrated through his community service and profession that he can listen
to both sides of an issue and make a judgment that is fair. Mr. Rasmussen possesses the
qualities, experience and desire to make an excellent School Board member.
Mrs. Sally Thomas, a former member of the School Board, speaking on behalf of Mrs. Linda
Perriello, addressed the Board. Mrs. Thomas said Mrs. Perriello is a person effective in
dealing with people, effective in looking at the problems of the school and she developed a
field hockey league for girls. The School Board is about to have all male members. An
important aspect to remember is that over half of the students, employees and parents are
women, therefore it is very important to have a woman on the School Board. Mrs. Perriello is
an outstanding candidate.
With no further comments, the public hearing was closed.
Mr. Fisher said this is one of the first public hearings to be held on School Board
appointments in the State of Virginia. There are five excellent candidates from the Samuel
Miller district. He feels a very strong responsibility to find the very best person for the
position. He then asked the candidates who were present to stand: Mrs. Linda Perriello, Mr.
Ed Bain, Jr., and Mr. Bruce Rasmussen. Mr. Lindstrom acknowledged the following persons from
the Jack Jouett district: Dr. Charles Tolbert and Mr. A1 Goode.
Mrs. Cooke said apparently the people in the Charlottesville District are pleased with
Mr. Armstrong, who is currently on the School Board. She thinks it is wonderful that the
criteria verbalized for a School Board member are all present in her selection of Mr.
Armstrong. She feels that absent from the remarks is a sense of business and a touch with the
business world. The school system is big business and unless an individual has some perception
of dealing in the business world it would be very difficult for that individual to address the
business problems of running the school system.
There being no further comments, the Board continued with the scheduled agenda.
Agenda Item No. 6. ZMA-85-17. Dr. Charles W. Hurt. Request to rezone 19.309 ~acres from
R-6 to HC. Property located on west side of Rt. 29N, adjacent to Rivanna Amoco Service
Station. (Deferred from November 6, 1985 at the applicant's request).
December 18, 1985 (Regular Night Meeting)
(Page 4)
Mr. Horn presented the following revised staff report dated October 29, 1985:
Requested zoning: HC Highway Commercial (PROFFER)
Acreage: 19.209 acres
Existing Zoninq: R-6 Residential
Location:
Property, described as TM 45, parcels 109, 109A, 109B, and 93A, is
located on the west side of Rt. 29N near the SPCA.
Character of the Area:
Properties to the north are zoned R-6 Residential and HC Highway
Commercial and uses to the north include HUB furniture store.
Property to the south is zoned HC Highway Commercial its entire depth
and is undeveloped. Properties to the west are zoned R-6 Residential.
The SPCA is adjacent on the northwest. This property is undeveloped
as zoned and wooded.
Comprehensive Plan:
Existing Highway Commercial zoning in the area appears more extensive
than recommended by the Comprehensive Plan Land Use Plan Map. In
development of the 1980 zoning map, prior commercial zoning in the
area was generally recognized. Generally, this resulted in commercial
zonings of greater depth from Route 29N than are depicted on the Land
Use Plan Map ~for Neighborhood One. This has resulted in more land
zoned for commercial development than is recommended by the
Comprehensive Plan for development by year 2002:
Vacant* Comprehensive Plan
Commercial 98 acres 65 acres
Commercial Office 7 acres 25 acres
*Does not include properties developed since adoption of 1983
Comprehensive Plan.
Therefore, Neighborhood One is 'overzoned' for general commercial
development and 'underzoned' for commercial office usage.
Other appropriate Comprehensive Plan recommendations for Neighborhood
One and commercial use in general are as follows:
- Current land use trends (commercial and industrial development
along Route 29 and residential development to the west) should
continue with primarily medium-density residential development
along SPCA and Rio Roads in areas presently undeveloped (p. 150).
Future highway-oriented commercial development should be located
exclusively in clusuers with common access points on sites of a
minimum three acres in area. Highway-oriented commercial develop-
menu nou located in such clusters should utilize service road or
reverse frontage access shared by two or more esuablishments to
minimize the number of intersections on the higher functional
class roads (p. 129).
Rezonings to a commercial designation for sites of three acres or
more should be accomplished under a planned development zoning
designation accompanied by a transportation analysis plan (p. 130).
Commercial office uses should be employed as transitional areas
between residential areas and heavier commercial or industrial
areas (p. 130).
Initial Review of ZMA-85-17:
Initially, this petition was a request for conventional Highway
Commercial zoning. Neither Virginia Department of Highways and
Transportation nor the Planning staff recommended favorably on
the original submittal since commercial zoning sought was of
greater depth than recommended by the Comprehensive Plan and
would have increased traffic generation to Rt. 29N.
Applicant's Proffer:
In attempt to overcome negative aspects of the proposed rezoning, the
applicant has proffered two limitations on the properties:
1. To restrict development of parcels 109 and 109A so that
traffic generation under proposed zoning would not exceed
generation under current zoning;*
2. To limit access to Rt. 29N to three (3) entrances to serve
parcels 109, 109A, 109B, and 93A.
* Parcel 109B is developed with an Amoco service station
and is zoned HC. Parcel 93A is zoned HC. These proper-
ties have been included for access purposes only and are
not otherwise subject to limitations.
December 18, 1985 (Regular Night Meeting)
( Page 5 )
Staff Comment:
Staff offers the following comment regarding the applicant's proffer:
The proffer of "status quo" traffic generation negates
concern as to additional traffic to Rt. 29N: At 450
vehicle trips per day/acre, traffic generation for Parcels
109 and 109A under conventional HC zoning would be over
12,300 vehicle trips per day. Under the applicant's
proffer, traffic generation would be 4430 vehicle trips per
day. (Should this petition be approved, it would be
appropriate for the applicant and County to agree on a
specific generation figure). This would translate to an
average per acre generation of about 160 vehicle trips per
day which is low intensity for commercial development (i.e.
- CO: 200-600 vehicle trips per day; R-15:105-140 vehicle
trips per day).
The limitation to three entrances is viewed as an
improvement over existing circumstances: The applicant has
proffered to limit access to four parcels (combined front-
age of 1215 feet) to three entrances. While the proffer is not
explicit at this time, two entrances would be on the Amoco
property and the third entrance would be at the Woodbrook
crossover. Most traffic would be concentrated at one Amoco
entrance and the Woodbrook entrance. Under this rezoning
combined traffic generation would be about 11,200 vehicle
trips per day. Five entrances currently serve these four
properties. Under County regulations staff opinion is that
an imposed limitation to fewer than five entrances would be
difficult to achieve. Staff has discussed the proposed
access limitation with Virginia Department of Highways and
Transportation and the County Engineer who generally agree
that the proposal would be an improvement. Virginia
Department of Highways and Transportation has cautioned
that entrance and/or crossover modifications may be
recommended at the Amoco site and emphasized that the Amoco
crossover is recommended to be closed under the U.S. Rt.
29N Corridor Study.
Staff opinion is that, with cited clarifications, the applicant's
proffered rezoning would be an improvement over current zoning in
regard to traffic concerns on U. S. Rt. 29N. As stated earlier,
zoning depth is greater than recommended by the Comprehensive Plan.
It should be noted, however, that the Land Use Map of the
Comprehensive Plan is not intended to be used for precise area
measurements. The depth of commercial development along this section
of Rt. 29N could be set more accurately based on the general policies
cited in this report. The Commission and Board should determine if
this rezoning would better serve the general public welfare than a
strict reading of the current Comprehensive Plan Land Use Map.
Staff Recommendation:
Approval, if clarifications to the proffer are made by the applicant,
and a revised written proffer is submitted.
Mr. Horne said the Planning Commission at its meeting on October 29, 1985, unanimously
recommended approval of ZMA-85-17 subject to the following proffer dated October 17, 1985
signed by Charles W. Hurt.
"October 17, 1985'
Ron Keeler, Senior Planner
Albemarle County Planning Department
401 McIntire Road
Charlottesville, VA 22901
Dear Mr. Keeler:
I am the owner of Parcel 93, Tax Map 45, which is presently zoned
highway commercial in entirety. As contract purchaser of Parcels 109A-
and 109, Tax Map 45, with combined acreage of 27.3 acres, I would like
the County to change the zoning on the back portions of Parcels 109A
and 109 from residential to highway commercial so that they will all
have the same depth of commercial zoning.
I will limit the access on Parcel 93 to one entrance and limit the
entrance on Parcels 109A and 109 to two entrances. I will limit the
development on these parcels so that they will not generate any more
traffic than they are presently zoned for.
Thanking you for your consideration in this matter, I am
Yours truly,
(SIGNED)
Charles W. Hurt"
December 18, 1985 (Regular Night Meeting)
(Page 6)
The following letter dated December 13, 1985 addressed Mr. John T. P. Horne, Director of
Planning, from Dr. Charles W. Hurt was also received:
"This letter is to acknowledge that I recognize that the State is
considering closing the cross-over in front of the Amoco Station on
Route 29 North. I am not in favor of this closing, but I recognize the
fact that the Highway Department appears to have the right to open and
close cross-overs at their own discretion."
Mr. Horne said that on December 13, 1985, Dr. Hurt appeared in his office and wrote an
amendment on the proffer to wit: Change the second sentence of the second paragraph to read:
"I will limit the development on these parcels so that they will not generate any more traffic
than they are presently zoned for; NOT TO EXCEED 4,430 V.T.P.D." Mr. Horne said Dr. Hurt
initialled the proffer and he witnessed this by initialling same and added the date "12/13/85."
Mr. Horne said the purpose for applying for this rezoning is to develop all of these
parcels as one property which will allow an additional depth to the zoning in order to develop
an internal loop road system which essentially would go from the Woodbrook crossover in a loop
manner through the property and then exit out of the property near the Amoco station. The
basic proffer is that the traffic generated by the property to be rezoned would not exceed the
traffic generation that could take place under the current R-6 and commercial zoning categories
and that the access for parcels 93A and 109B would be limited to three total access points
including the one at the Amoco station and one major entrance at the Woodbrook crossover. Mr.
Fisher said he does not interpret the proffer to include parcel 109B. Mr. Horne said he
thinks the intent of the proffer is to include 109B. Mr. Fisher suggested that the intent of
the proffer be clarified with the applicant.
Mr. Lindstrom asked for an explanation of the comparison in traffic generation figures.
Mr. Horne said the staff used the existing R-6 zoning and the number of residential units that
would be allowed under that zoning to generate a figure using seven vehicle trips per day/per
unit and came up with a figure of approximately 4430 vehicle trips per day. That was applied
as a strict limitation. The applicant proffered that he would not generate any more vehicle
trips per day should it be rezoned to HC than he could by right generate under the R-6. The
result is a written designation of a specific traffic generation. Mr. Horne said parcels 109
and 109A are being changed in designation. An attempt to control access is on parcels 93A
109, 109A and 109B. Mr. Lindstrom asked Mr. Horne how he will ascertain the number of vehicle
trips per day, police those vehicle trips and determining the configuration of development that
would generate the given number of vehicle trips per day. Mr. Horne said the staff uses data
from the Institute of Traffic Engineers and other sources. In this case, the staff would also
use some figures from the Federal Highway Administration. Based on the specific type of use,
the size and various characteristics, there are projections for vehicle trips per day. As
site plans are brought to the County, staff would monitor the total traffic generation in the
area and not approve development on site plans that would exceed the 4430 figure. There would
not be an actual measurement after development; the vehicle trips are projected at the time of
site plan review. Mr. Lindstrom asked what development is on the adjacent parcels to the back
of these parcels. Mr. Horne replied the SPCA and basically single-family residential
developments.
Mr. Fisher said he does not interpret the proffer the same way as interpreted by Mr.
Horne. Mr. Fisher then read the second paragraph of the proffer. He interprets the proffer
to mean only the three parcels. Mr. Horne said that is not the intent of the proffer. Mr.
Horne said the Planning Commission recommended approval of this petition without the written
change "not to exceed 4,430 v.p.d". The intent was to clarify the original proffer by.stating
a specific traffic generation count.
Mr. Lindstrom asked if a substantial amount of grading will be necessary before any
development can take place on these parcels. Mr. Horne said grading will be required for
commercial development, but not as much will be required for residential development. Mr.
Fisher commented that he feels another option for this odd-shaped piece of property would be
to rezone the back portion of it to residential in order to conform to zoning on adjacent
property. Mr. Fisher said he is concerned that using the deepest lot as an example and saying
all of these lots should be rezoned that way will create a domino affect for more commercial
depth in this area. Mr. Fisher asked what depth is shown in the Comprehensive Plan for
commercial. Mr. Horne said it is fairly narrow basically as currently zoned. Mrs. Cooke asked
how the other properties became zoned commercial. Mr. Horne said the other properties were in
use as commercial development prior to the last change in the Comprehensive Plan, so those
properties were zoned to their entire depth. Mr. Lindstrom said those properties that were
developed and those that had valid site plans, were treated specially because the Board did
not want to inhibit anybody's ability to use those lands for whatever zoning category in use
at that time. This petition, if approved, would let those exceptions start to dictate the
pattern of development on adjacent properties. The intent in the Comprehensive Plan is that
all of the commercial be limited to the depth of parcel 109B exactly as it is now shown. Mr.
Horne said the thrust of the staff comment is that there is a set of standards in the Compre-
hensive Plan to look at, and one of those is some type of internal access to do clustering of
commercial development as opposed to strip commercial development. Mrs. Cooke said if the
Board approves this rezoning, it leaves the rest of the area open for more commercial rezoning
requests.
The public hearing was opened. Dr. Charles W. Hurt, the applicant, addressed the Board.
Dr. Hurt said he is the contract purchaser for the entire tract of land subject to approval of
this rezoning. He also owns parcel 94 which is zoned commercial for its entire depth. This.
area would not be a very pleasant place in which to have housing with the SPCA Road at the
back of the property, a motorcycle shop on one side and a mobile home sales facility on the
other side. His idea of putting in an internal loop road system to allow clustering of
commercial development will cut down on strip development along Route 29 North and will
decrease the need for extensive grading. Also, this proposal will not particularly increase
the traffic on Route 29.
December 18, 1985 (Regular Night Meeting)
(Page 7)
223
Mr. Fisher asked if the proffer relates to the entire the three parcels. Dr. Hurt said
no; the intent of the proffer was as first stated by Mr. Horne, and that is to limit the
traffic on that portion of the property, but not to exceed what it's present zoning category.
Mr. Fisher said the amendment caused the problem with the proffer. Mr. Lindstrom said the
language should be: "I will limit the development on parcels 109A and 109 so that they will
not generate any more traffic than they are presently zoned for". Dr. Hurt said that is
correct; Mr. Horne supplied the number because he thought that the statement might cause some
confusion in the future.
With no one else present to speak for or against this petition, the public hearing was
closed.
Mrs. Cooke said this land lies in her district. She sees the value of Dr. Hurt's proposal
with regard to the loop road. She did not realize there was that much residentially zoned
land in the parcel; however, the property does back up to the SPCA Road and is adjacent to
other commercial parcels. If this loop road can eliminate the need for an excessive amount of
grading, she is inclined to support the request.
Mr. Bowie said the problem on Route 29 North is traffic and entrances. The fact that
this request reduces traffic by one-third the amount projected in the Comprehensive Plan and
reduces the entrances with the loop road, he tends to support the request.
Mr. Fisher said he did not know how this request reduces the traffic to one-third of the
amount projected in the Comprehensive Plan. He thinks that Dr. Hurt commented that the
traffic will still be 11,000. Dr. Hurt said the uses will not exceed that traffic projection,
but he feels the traffic will be reduced through the clustering. Mr. Fisher said 4,400
vehicle trips are only for the back portion; the frontage of the property is still going to
generate 6,000 to 7,000 vehicle trips per day. Mrs. Cooke said she does not see this as
reducing the number of trips and traffic, per se. She sees this proposal will eliminate the
congestion, entrances, exits, etc. on Route 29 North.
Mr. Fisher said he sees just the opposite effect. It is stated in the Comprehensive Plan
that crossovers should be no closer than 500 feet apart. These are the only two parcels on the
entire strip that meet that standard in the Comprehensive Plan. He personally feels the way
to solve the problem is to rezone parcel 93A back to residential. That action would improve
the situation and would move toward implementing the Comprehensive Plan. He has serious
problems with continually expanding commercial zoning on Route 29 North.
Mrs. Cooke asked what type of housing could be constructed on the presently zoned resi-
dential property. Mr. Horne said six dwelling units per acre maximum. That is multi-family
housing. Mrs. Cooke said she feels there is entirely too much multi-family housing in the
area already. She cannot see putting anymore residential development in the area. Additional
residential would impact the schools and require more services than are available in the area.
Mr. Way again asked Mr. Horne for an interpretation of the proffer. Mr. Horne asked Dr.
Hurt if he has any interest in parcel 109B, the Amoco station. Dr. Hurt said the Amoco
station is part of the property that he has a contract to buy subject to rezoning. He is
attempting to provide some large pieces of commercial land for uses that do not generate very
much traffic per acre. Mr. Horne then asked Dr. Hurt if the limitation on the number of
access points applies also to the Amoco property. Dr. Hurt said he is not sure. The staff
member who went over this with him drew on a map what made sense, and he agreed to it. He
does not believe it increased the number of entrances, but kept the number to the same number
that presently exist on the property. Mr. Horne said the proffer as it stands now would not
limit parcel 109B. That property is subject to the purchase agreement and is part of the
property that the applicant is attempting to include as part of his access limitation proffer.
As currently written, however, it does not include 109B, so that parcel would not be subject
to the proffer. There could be the entrance at the Amoco station and three additional entran-
ces. The intent was to have three entrances by also limiting the access to the Amoco station,
but that is not what the proffer states. In terms of the traffic generation, the applicant
would limit the traffic generation on those two properties to exactly what the traffic genera-
tion would be today, with the combination of the frontage HC and the R-6. The traffic
generation from the R-6 alone is 4,430 vehicle trips per day.
At 8:40 P.M., the Chairman called a recess to allow Mr. Horne and Dr. Hurt to clarify the
proffer. The meeting reconvened at 8:48 P.M.
Mr. Horne presented the following revised proffer to the Board:
"I am the owner of Parcel 93A, Tax Map 45, which is presently zoned
highway commercial in its entirety. As contract purchaser of Parcels
109A, 109 and 109B, Tax Map 45, with combined acreage of 27.3 acres, I
would like the County to change the zoning on the back portions of
Parcels 109A and 109 from residential to highway commercial so that
they will all have the same depth of commercial zoning.
I will limit the access on Parcels 109, 109A, 109B and 93A to no more
than three total entrances. I will limit the development on these
parcels so that they will not generate any more traffic than they are
presently zoned for."
Mr. Horne said the staff and the applicant are clearly in agreement on the number of
vehicle trips per day, and will not include that number in the proffer. Mr. Fisher asked Dr.
Hurt if that is his proffer as read by Mr. Horne. Dr. Hurt replied yes. Mr. Fisher asked,
for the record, the total traffic count anticipated from all of these parcels. Mr. Horne said
the total anticipated traffic count from all four parcels is 11,200 vehicle trips per day.
Mr. Fisher asked Mr. St. John if the process followed here tonight is legal. Mr. St. John
replied yes.
Mrs. Cooke offered motion to approve ZMA-85-17 with proffer dated October 17, 1985 and
amended verbally on December 18, 1985 and approved by the applicant, and set out directly as
above. Mr. Bowie seconded the motion.
December 18, 1985 (Regular Night Meeting)
(Page 8)
Mr. Fisher said approval of this petition goes the wrong way with respect to the Compre-
hensive Plan. The process should be to change the Plan and not deviate from the Plan. He
does not see a great public need to be served by this request, and he will oppose the
petition. Mr. Lindstrom said he would agree with Mr. Fisher if he thought there was any
chance of this Board doing what he thinks should be done on Route 29 North, but he does not
think it will ever happen. Pragmatically he must look at what is already developed on Route
29 North and is likely to continue to be there, and recognize that this is a more logical,
better planned development than the County would otherwise get. He, therefore, will support
the motion.
With no further comments, roll was called and the motion carried by the following
recorded vote:
AYES:
NAYS:
Mr. Bowie, Mrs. Cooke, Messrs. Henley, Lindstrom and Way.
Mr. Fisher.
Agenda Item No. 7. SP-85-75. Marriott Corporation. To locate a motel/hotel or inn in
Branchlands PUD. (Deferred from December 4, 1985.) (Advertised in the Daily Progress on
November 19 and November 26, 1985.)
Mr. Horne presented the following staff report:
"Request: Motel (20.4.2.1; 22.2.2.7)
Acreage: 4.13 acres
Zoning:
PUD (commercial/service)
Location: Property, described as Tax Map 61Z, Section 3, parcel 1
(part) is located on the east side of Rte. 29N in Branchlands PUD.
Character of the Area:
This site, a portion of Area F in Branchlands PUD, is south and adjacent
to Fashion Square Mall and east and adjacent to Albemarle Bank & Trust.
The applicant proposes access to Fashion Square and Branchlands main
entrance which will require careful planning due to elevation differences.
Staff Comment:
During development of the 1980 Zoning Ordinance, hotels and motels were
provided by special use permit primarily due to proximity of C-l,
Commercial, zoning to established residential areas. In this case, the
proposed Marriott motel would be remote from areas designated for
residential development, therefore, compatibility is not a concern.
under previous review of Branchlands PUD, traffic generation was a
principle concern in regard to proposed land use changes. The proposed
motel would consist of 146 rooms and restaurant seating for 50 people.
This would result in traffic generation figures comparable to uses
permitted by right.
Staff recommends approval subject to:
Motel limited to 146 rooms and restaurant limited to 50 person
seating capacity;
2. Compliance with conditions of ZMA-80-26/SP-80-63;
®
Resolution of access prior to scheduling of site plan for Planning
Commission review.
Mr. Horne said the Planning Commission, at its meeting on November 19, 1985, unanimously
recommended approval of SP-85-75 subject to the conditions as recommended by the staff but
changed condition ~1 to wit: "Motel limited to 160 rooms and restaurant limited to 50 person
seating capacity. Mr. Horne said the 160 rooms are consistent with the traffic generation
anticipated in this section of the Branchlands PUD, therefore, the staff has no problems with
160 rooms.
The following letter dated December 12, 1985, to the Board of Supervisors, from Mr. Fred S
Landess was presented:
"Marriott Corporation will appear before you on December 18, 1985 to
request a Special Use Permit to allow them to build a 150 to 160 room
motel in their new 'Courtyard' concept. The Special Use Permit is
required as the proposed site is 4.1 acres in Area F of the Branchlands
PUD. Under zoning for this area, a Special Use Permit is necessary for
a motel.
At its meeting on November 19, 1985, the Planning Commission unanimously
recommended approval of the Special Use Permit, subject to the following
conditions:
Motel limited to 160 rooms and restaurant limited to 50 person
seating capacity;
2. Compliance with conditions of ZMA-80-26/SP-80-63; and
Resolution of access prior to scheduling of site plan for Planning
Commission review.
December 18, 1985 (Regular Night Meeting)
(Page 9 )
225
Marriott's only concern with the above conditions is the general nature
of condition number 2. Because the Branchlands PUD covers a substantial
area and is expected to be developed in a combination of residential
and commercial, most of which has not yet been planned, Marriott would
like to have the conditions be more specific in order for it to proceed
with its site plan. Because of the location of the proposed Marriott
site, it is believed approval of the Marriott site plan can be made and
construction started without in any way compromising the plans or
conditions for the overall development of Branchlands PUD, as set out
in the letter of February 20, 198.1 concerning ZMA-80-26 and SP-80-63.
Specifically, the requirement for the construction of Section 3 of the
Collector Road could cause substantial delay, as the specifics of that
road evidently have not yet been worked out. The road will not have
any connection with the proposed site and will have no function for or
impact on the proposed Marriott facility. Therefore, Marriott does not
feel it should be a condition for its site plan approval. If the
County feels it must, however, it would seem the County's position
could be protected by the developer responsible, in this case being
Belvedere Land Trust, bonding the construction of that road in an
amount to be determined by the County Engineer.
Likewise, because of the location of the proposed site on the edge of
the PUD, the handling of utilities and stormwater drainage for the site
will have little or no effect on the remainder of the PUD. It would
seem these matters could be handled as a part of site plan review, with
the only concern being they would not interfere in any way with the
overall development of the PUD.
Finally, it is agreed the new access from Route 29 is to be constructed
as of the time of development of this site and thus it would seem
appropriate to treat the access road to the site as a part of the site
plan review.
Therefore, it is respectfully requested that the Board approve the
request for Special Use Permit SP-85-75, amending the conditions to
read as follows:
Motel limited to 160 rooms and restaurant limited to 50 person
seating capacity;
A bond to be posted in an amount determined by the County Engineer
for construction of Section 3 of the Branchlands Collector Road
prior to site plan approval; and
The access road to the site, stormwater detention provisions and
utility plans for servicing the site shall all be considered as a
part of site plan review and approval.
Mr. Horne then presented the following memorandum dated December 13, 1985 to the Board:
"This memorandum is in response to a letter submitted to the Board of
Supervisors dated December 12, 1985 from Fred S. Landess. The Department
of Planning & Community Development and the County Engineer reviewed
this proposal and would like to recommend the following revised condi-
tions of approval:
Motel limited to 160 rooms and restaurant limited to 50 person
seating capacity;
Compliance with conditions of ZMA-80-26 and SP-80-63 with the
agreement that a bond is to be posted in the amount determined by
the County Engineer for construction of Section 3 of the Branch-
lands collector road prior to site plan approval; construction
plans for Section 3 of the Branchlands collector road must be
submitted to the County Engineer, and reviewed by the County
Engineer and Virginia Department of Highways & Transportation to
the extent necessary to accurately establish an accurate bond
prior to site plan approval; and
The access road to the site, stormwater detention provisions, and
utility plans for servicing the site, and their interrelation to
the overall plans for the PUD, shall all be considered as part of
the site plan review and approval.
The Board of Supervisors should be aware also that this Department is
actively engaged in the discussions with all owners of the Branchlands
PUD concerning amendments to the conditions of approval of that PUD.
We do anticipate that an application will be submitted to the Planning
Commission and Board in the near future for revisions to those condi-
tions which we hope will simplify and clarify many of the conditions.
We do not anticipate that any of those proposed amendments would effect
any action by the Board of Supervisors on this special permit."
Mr. Horne said under the current conditions of the PUD, any use in Section "F" that would
increase traffic along the existing Branchlands entrance road, would necessitate the reloca-
tion of that roadway and then some arrangement made to get that access road to the develop-
ment. An existing condition for the PUD is that Section 3 of the roadway be built at the time
of development of Section "F". The applicant has proposed to bond that roadway. The staff
228
December 18, 1985 (Regular Night Meeting)
(Page 10)
has no objection to bonding for a limited period of time. During that one year period, the
applicant would have time to come back with an amendment to the general conditions on the PUD.
If that amendment were not approved, Section 3 of the roadway would still have to be construc-
ted by either the County, using the bond, or be constructed by the applicant. Section 3 is to
eventually connect to an area in Squire Hills that has already been platted. The road has
been designed and will be connected to an area near the existing Branchlands entrance road.
The staff does not feel that this limited period of time will endanger the existing conditions
of the PUD and/or the construction of the collector road. There is extensive fill that will
have to take place before the motel can be constructed on this site, and that fill will
dictate where the actual access comes into Section 3 from the collector road.
Mr. Fisher asked if during discussion of bonding for Section 3, if there has been discus-
sion of not building the road. Mr. Horne said not as far as the staff is concerned; there has
been no discussion of not building that collector roadway. The bond will be for one year
only. After one year there would either have to be a change in the conditions that would
dictate when and how this road would be built, or the road would be built in conformance with
the existing condition which state that the required improvements shall not be deferred for a
particular phase beyond the development of that phase. There have been some discussions as to
whether or not it is economically feasible to build the roadway under the current conditions.
The public hearing was then opened. Mr. Fred Landess, representing Marriott Corporation,
addressed the Board. Mr. Landess said Mr. Michael Assad, Regional Real Estate Director for
Marriott Corporation, is also present. Mr. Assad will address the Board first to give a
general idea of Marriott's plans and concepts. Mr. Landess said he will then address the
Board on the conditions.
Mr. Assad said Marriott Corporation is proposing a hotel concept, which is a luxury
facility at a moderate price. Marriott spent three years analyzing customers of the lodging
industry, and then targeted a segment of those customers including the business traveler and
the leisure traveler. This evolved into the Courtyard concept by Marriott. The idea behind
the motel is to have a residential appearance, very low profile product to cater to a very
specific-type of traveller. Mr. Assad presented photographs showing the proposed structure
and explained the design, the decor and the landscaping. Mr. Assad said the lounge and
restaurant seats about 50 people and neither are intended to pull the public in from the
outside.
Mr. Landess again addressed the Board, and said he would like to discuss the interaction
between the various parties involved in the project. He said the only concern the applicant
has with the conditions as set out in Mr. Horne's memorandum of December 13, is the require-
ment in condition $2 "... construction plans for Section 3 of the Branchlands collector road
must be submitted to the County Engineer, and reviewed by the County Engineer and Virginia
Department of Highways & Transportation to the extent necessary to accurately establish an
accurate bond prior to site plan approval". The applicant is concerned with the amount of
time it will take to meet these requirements. It is the applicant's feeling that once a
determination has been made as to the designation, type of collector road, and what the
distance of the road, that his engineers can make an estimate within five percent of the
actual cost. The developer is willing to post the bond with a ten percent margin for pending
error. The applicant would like for the condition to state "... a bond is to be posted in the
amount determined by the County Engineer for construction of Section 3 of the Branchlands
collector road prior to site plan approval." This amended wording would eliminate the require-
ment that the detailed plans be reviewed by the Culpeper Division of Virginia Department of
Highways & Transportation and then come back to the County. The applicant does not feel
construction can get started this spring if they have to go through the process in this order.
Mr. Fisher asked if that is the only change requested by the applicant in the proposed condi-
tions. Mr. Landess said yes, the applicant is satisfied with the remaining conditions.
Mr. Lindstrom asked on what the County Engineer would base his bond amount if condition
$2 is amended as suggested. Mr. Landess said the primary consideration deals with the type of
road which is to be built. The road itself means absolutely nothing to Marriott since it will
not touch the Marriott property nor will the Marriott property have access to the road. He
assumes this is just a good opportunity to deal with the road while Marriott Corporation is
working on its' project. Once the County Engineer determines by estimated traffic counts the
designation or type of road, the distance of the road, any stream that may have to be bridged,
and the elevations, then there are formulas available to estimate the cost of the road. Mr.
Landess said there is one stream that runs through the area.
Dr. Charles Hurt next addressed the Board. Dr. Hurt said the collector road shown
running through Section "A" and Section "F" has already been designed and plans have been
submitted for approVal. If the County will give him permission to build the road, he would
like to start on the road immediately. One of the problems with this PUD is that the people
associated with it have changed from time to time, and, therefore, it has been very difficult
to get everybody to agree on how to interpret the conditions. He understands from reading the
conditions that the road could be built without any approved site plan as to how the property
is going to be used. This is an approved PUD, and things are taking place on different parts
of the property. He submitted a grading plan to the County over a year ago so he could start
the road. He does not want to wait until the Highway Department approves the road. It is
very difficult to know what the traffic count is going to be on the road. He would like to go
ahead and put the drainage structure in, do the grading, and put down a road that he feels
will be adequate for a long period of time, but he does not want to waste money on something
that will provide a benefit to no one.
Mr. Fisher said the Highway Department will not agree to take the road into the State
system unless the Department knows the ultimate use of the road. Therefore, the Highway
Department will not approve the road plans until the owner informs the Department of the use
for the property. Dr. Hurt said they have held many discussions that possibly commercial
roads should be maintained by the merchant's association. Mr. Fisher said this is not a
commercial road, but a collector road, an ultimate main thoroughfare all the way through to
Rio Road. Dr. Hurt said he would like to have the road a public road, but sometimes it is
difficult initially to decide on the design of the road. In the long run the road will be
public, but until the properties along the road are built on he would like to be able to
maintain the road.
December 18, 1985 (Regular Night Meeting)
(Page tl)
22 7
With no one else present to speak for or against this petition, the public hearing was
closed.
Mr. Lindstrom asked what happens if the Board accepts the suggestion of the applicant to
change the condition. Mr. Horne said he does not think it would be a good idea to totally
accept the suggestion of the applicant. The intent of condition 92 is to provide the County
Engineer and the Highway Department with the plans and allow them to review the plans to the
extent necessary to establish the bond. That review may be something less than the final
sign-off by the Highway Department in Culpeper on the final set of plans. He has spoke quite
extensively with Mr. Maynard Elrod, County Engineer, and they envision that most likely the
County would get the original set of plans from the developer, review those plans and send the
plans to the Highway Department. The plans would then come back to the County Engineer with a
set of comments and then further revisions would take place. If the plans come back and the
comments are minor, and Mr. Elrod feels he is able to set the bond at that point, the bond
will be set. If the plans come back and a total redesign of the roadway is require, then Mr.
Elrod will tell the applicant to revise and resubmit the plans. The staff is hoping that with
enough prior discussion while these plans are being designed, the staff can help "head off" a
major redesign after the plans have been submitted to the Highway Department. The staff does
not think this condition will cause undue delay. If the plans are completed in a manner to
meet Virginia Department of Highways & Transportation standards, the staff feels that a bond
can be set by March. Mr. Horne said this is standard procedure. Although a final signature
from Culpeper is not necessarily required to set the bond, the County Engineer is not willing
to set the bond without a set of plans to review and an indication from Virginia Department of
Highways & Transportation as to its' attitude towards the plans. Ultimately this road will be
a public road. Mr. Fisher said he remembers that one of the reasons this PUD was approved,
ten or more years ago, was the gaining of this road as a public collector road as an alternate
to Route 29 North. He thinks the Board must be careful that any actions that it takes are in
that direction unless there is a conscious change to completely abolish the idea of a public
parallel road.
Mr. Landess again addressed the Board. He said Marriott Corporation has a deadline for
filing a site plan on March 3 in order to be heard by the Planning Commission on April 22.
The applicants are Worried about how much time it will take to get any approval from CUlpeper.
Mr. Horne said if the plans are to be submitted soon, and the plans have been designed in
accordance with VDH&T standards, the staff honestly thinks that the plans can be reviewed to
the extent that a bond can be established. The staff does not want to delay Marriott unneces-
sarily, but the staff does not want to be hanging its hat on the design of the road,
particularly because there is a stream crossing present.
Mr. Lindstrom said he thinks that the Board should leave the condition as written. He
can understand that the County Engineer must have something more definitive than an estimate
of how many vehicle trips are going to be generated. He supports this special permit with the
conditions recommended. Mr. Bowie said he also supports the special permit as recommended and
does not feel that the conditions are unreasonable.
Mr. Lindstrom then offered motion, seconded by Mrs. Cooke, to approve SP-85-75 subject to
the following conditions as recommended by the staff:
Motel limited to 160 rooms and restaurant limited to 50 person
seating capacity;
Compliance with conditions of ZMA-80-26 and SP-80-63 with the
agreement that a bond is to be posted in the amount determined by
the County Engineer for construc~ione of Section 3 of the Branch-
lands collector road prior to site plan approval; construction
plans for Section 3 of the Branchlands collector road must be
submitted to the County Engineer, and reviewed by the County
Engineer and Virginia Department of Highways & Transportation to
the extent necessary to accurately establish an accurate bond
prior to site plan approval; and
The access road to the site, stormwater detention provisions, and
utility plans for servicing the Site, and their interrelation to
the overall plans for the PUD, shall all be considered as part of
the site plan review and approval.
Roll was called and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way.
None.
Agenda Item No. 8. Approval of Minutes: September 12, 1984.
Mr. Fisher had read pages 27 (Item 21) through the end of the minutes of September 12,
1984 and with the exception of a few typographical errors found that portion of the minutes to
be in order. Motion was then offered by Mr. Way, seconded by Mrs. Cooke, to approve the
minutes of September 12, 1984 which were read by Mr. Fisher. Roll was called and the motion
carried by the following recorded vote:
AYES:
NAYS:
Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way.
None.
Agenda Item No. 9. Discussion: Ivy Area School Site.
Mr. Fisher said the Board of Supervisors and the School Board had a joint meeting on
December 16, 1985 at which the Board of Supervisors requested from the School Board additional
information on the Ivy area school site. It seems to him there was little analytical detail
as to why one site was chosen over the other site. He would like to know how each site
affects the specific travel time of individual pupils and how these sites affect pupils that
228
December 18, 1985 (Regular Night Meeting)
(Page 12)
come from the eastern part of the district on Rt. 250 that have a choice of going either north
or south. There were a number of questions he did not feel had been adequately answered. He
was looking for justification for accepting the recommendation of the School Board, but did
not receive it. Some parents have suggested to him that there should be a better analysis of
the pros and cons of the Meriwether Lewis site vs. the Murray site, the cost savings by moving
such times as the Media Center to Murray School, any reduction in rent from relocation of the
school for emotionally disturbed children, and the long-term costs for continuing to operate
Murray School. He suggests that the Board request additional information from the School
Board for the January 8, 1986 meeting.
Mr. Bowie said he would like to go over some of the figures for the two sites because
there seems to be a $1 million difference. There are other schools which critically need
repairs, upgrading, classrooms, etc. He cannot understand how everything can be afforded from
the information provided. He thinks it is important that the Board look at the total costs of
all the schools for the next two or three years instead of taking one item at a time.
Mr. Way said the only problem he sees is that it will be February or March before the
Board has the whole picture on the two sites. The one point in the consultant's report on
which there has been no disagreement among the committee members is the priority for this
particular school. He has no problem with going ahead with this school as the first priority
before all of the information is in on the other schools. He also supports getting additional
information on the two sites so that the Board will feel comfortable when it makes a selection.
Mrs. Cooke said she was unable to attend the joint meeting with the School Board and
asked for the list of questions presented to the School Board for answer. Mr. Fisher said he
had a list which was not carefully defined. The Board and the School Board talked about the
items on the list, and people responding by "arm waving". Mrs. Cooke asked if the School
Board has a copy of this list for response. Mr. Fisher said a complete list will be developed
and given to the School Board. Mrs. Cooke said if there are unanswered questions, a list
should be developed and submitted to the School Board to give the School Board an opportunity
to address those concerns. Mrs. Cooke asked if it would be reasonable to expect the School
Board to have the answers to those questions at the next Board of Supervisors' meeting. Mr.
Fisher said there is really not much time and a decision is needed quickly to move forward.
He will compose a more complete list by Monday if that is acceptable to the Board, and if the
other Board members have questions, he will include those questions on the list.
Mr. Henley said he is in agreement with the Chairman's suggestion.
Mr. Lindstrom said he thinks if the Board members have questions, the questions should be
stated now. He then asked how were the estimated costs developed for the Site Committee. Is
there more information available with respect to renovation costs? Are the figures solid
without the need for major architectural review and involvement? Mr. Tucker said the figures
can be reevaluated. The renovation costs were derived from figures used from the renovation
of Broadus Wood Elementary School since those were the most recent figures the Committee had.
Mr. Lindstrom asked if anyone actually walked through and reviewed the condition of Murray
School. Mr. Tucker said no, but Mr. David Papenfuse did provide the Site Committee with plans
that the School Board and the staff had developed for the expansion of Murray School several
years ago. The Committee then based the figures on the same type of square footage assuming
that similar additions would be added, but the engineering staff did not go through the
school. Mr. Lindstrom said he is concerned that the financial advantage that is seen in using
the existing Murray School building will be dissolved or be radically diminished after seeing
what actually needs to be done. Is there any way the Board can get a more definitive idea on
Murray School without waiting two months? Mr. Tucker said he is not sure the County has the
capability on existing staff to do this work. Mr. Lindstrom asked if using three weeks would
give enough time to enable someone to go through the building and give the Board a better idea
of the costs involved. Everybody is looking for a substantial savings at Murray School. Mr.
Tucker said at this time of the year and in such a short period of time, it is hard to say
whether someone would be willin~ to do that. Mr. Lindstrom said a project of this size should
have somebody who is knowledgeable reviewing the building and, also, there is a big difference
in ages between Murray School and Broadus Wood School.
Mr. Lindstrom said he likes the idea of using the Murray School building, but he does not
want to select Murray, and then two years from now find out that it will cost the County an
extra million dollars to complete. If there is a way to get more information now he would be
more comfortable.
Mr. Tucker said Mr. Andy Overstreet just informed him that the School Board intends to
meet the last week in December to review proposals solicited from architects for a school
site. Mr. Overstreet suggests that the School Board hire one of those architects to make an
analysis of the Murray School site to provide to the Board.
Mr. Bowie said he tends to be in favor of the Murray site, but he also would like to get
more information since the figures have been wrong on the last three projects. He also cannot
support hiring another architect to provide another set of figures when the figures from
Broadus Wood are available.
Mr. Lindstrom said he will have a tough time supporting going ahead with selection of a
site unless more information is provided. He does not agree with the attitude that no more
information is going to be helpful. If the Board is going to defer this decision, then there
should be more information made available. He asked Mr. Overstreet how much it would cost to
get this additional information. Mr. Andy Overstreet, Superintendent of Schools, said if the
School Board received authorization to proceed with the employment of an architectural firm,
the information could be packaged at a reasonable cost without the Board of Supervisors
committing to the overall planning phases of the project. It would seem that since the School
Board is planning to contract with an architect anyway, a reasonable first step would be to
request a projection of costs for the Murray School site. Mr. Lindstrom said if the architect
can do a preliminary evaluation of both sites, would that require taking bids. Mr. Agnor said
a solicitation of proposals has already been received. Mr. Lindstrom asked if there is any
reason the architect would have to redraw the specifications. Mr. Fisher said he is worried
about the same firm doing the evaluation and doing the work. There is an incentive to shave
the figures so that it is a bigger job and therefore it may not be a very disinterested
evaluation.
December 18, 1985 (Regular Night Meeting)
(Page 13)
22B
Mrs. Cooke said there has been mention of three renovations the County has just completed.
In all three cases it cost a tremendous amount of money, much more money than anticipated
which is going to be true of any renovation undertaken. There is no way to come up with a
true figure. She has a problem with spending lots of money to decide whether it is going to
cost this figure or that figure, when the money spent trying to make a decision could be put
to better use in the actual project itself. There is no question in her mind that the
cheapest and best way to go is to build from scratch. Mr. Fisher said he disagrees. Mrs.
Cooke said she has a problem with spending a great deal of money to try and project how much
money a project is going to cost only to come up on the short end and end up spending a whole
lot more money. Mrs. Cooke asked if Broadus Wood is the exception to the renovation projec-
tions undertaken by the County. Mr. Agnor sa~Ld Broadus Wood is not the exception, the same
applied to Red Hill. The County has had major problems with the Courthouse renovations and
with the building on Court Square.
Mr. Fisher said it seems to him the Board should do as suggested by Mr. Overstreet,
authorize employment of the architect within some limitation of funds. Mr. Overstreet can
provide the Board with that limitation at the meeting of January 3, 1986. Mr. Lindstrom said
he agrees with that recommendation. He has struggled with this proposal and one of the
biggest problems is not having enough information to make a rational decision. The two sites
are so alike and it appears that the deciding factor will be the dollar figure. If the Board
is going to focus on the dollar amount, then it needs a solid handle, which the Board does not
have right now.
Mr. Henley said the Board has more confidence in architects than he does. If you give
them a figure they are going to spend that much no matter what. He is willing to give the
architects a flat fee, tell them to build the school around that figure and inform them that
there will be no more money.
Mr. Fisher suggested that the Board prepare a list of questions for the School Admini-
stration and the School Board to work with and ask for the cost of hiring an architect for the
preliminary work for the January 3, 1986 meeting.
Mrs. Cooke said she agrees that more information is necessary, but she does not believe
that she is going to let a dollar figure determine exactly what is the best educational plan
for the overall good of the educational system. She thinks that the Board must start looking
at what is best for the educational system.
Mr. Fisher said he also agrees with Mrs. Cooke, but his decision will not be based just
on this one school, but on all of the schools in the system. With $2 million of local money
and Literary Fund loans, the County can build two $3 million projects right now or build one
$4 million project. It makes a big difference as to what can get done within the system. Mr.
Henley commented this decision is applying good business sense. Mrs. Cooke said good business
is not always the cheapest way to do something.
Mr. Lindstrom said he would like to receive the following information: (1) more specific
information in support of the School Board's view that there is a significant value to the
Murray School for the other uses they have in mind; (2) the costs for upgrading Murray School
as a Media Center; (3) the rent and other costs saved by abandoning the present facilities;
and (4) the cost of operation, maintenance, personnel and everything else that would be
necessitated to maintain Murray as a utility building.
Mr. Henley said he does not have any strong feelings toward either site. He thinks the
Board needs the best school for the least amount of money and he does not want an extra $1
million spent if there is no need to do so. Ten minutes travel time and a little incon-
venience is not enough reason for him to not to go with Murray if that is the best way to go.
He is willing to wait to get more information.
Mr. Way said he would like the following information: (1) how much surrounding land must
be acquired if the Meriwether Lewis School site is used and ; (2) will houses have to be
removed. Mr. Bowie asked how the land would be acquired. Mr. Fisher said he has heard that
there is one parcel which would have to be cOndemned. He is also concerned about how realistic
appraised values are when acquiring property. Mr. Henley asked what kind of delay there would
be in condemning property. Mr. St. John said the delay would not be very long since the only
question would be one of compensation. He does not know if anyone can answer the question of
how much to rely on the appraised value when going into condemnation proceedings especially
when there are advantages to be gained.
Mr. Lindstrom said the another question is the cost to develop the road. He asked if
there is anything the Highway Department can offer with respect to improving the intersection.
Mr. Tucker said the Highway Department has already looked at sight distance and feels that it
is adequate. Mr. Henley asked for verification of the costs for road improvements.
Mr. Agnor said for clarification, the fee that Mr. Overstreet will bring back to the
Board on January 3, will be the architect's cost for evaluation of the remodeling of Murray
School and construction of a new school at the Meriwether Lewis site to have comparative
updated figures on both sites. Mr. Fisher said his understanding is that the architect will
evaluate the Murray School facility and then make a decision as to which site to do future
work. Mr. Agnor said if that is the case the Board will be looking at a figure on Meriwether
Lewis that was not generated by an architect; the figure was generated by the staff. He
thinks that both sites should be looked at. Mr. Lindstrom said his understanding was that
both sites would be reviewed. Mr. Fisher said he will prepare the list of questions and send
it to the School Board.
Agenda Item No. 10. Other Matters Not Listed on the Agenda From the Board and Public.
Mr. Fisher said he was notified by a member of the Highway Commission that there is a
meeting on December 19, 1985 at 2:00 P.M., at the Highway Department Building on Broad Street,
Third Floor Conference Room, Richmond, concerning the Piedmont Corridor Highway. People and
legislators from Lynchburg are going to the meeting. It was ascertained that no Board members
could attend the meeting. Mr. Agnor was directed to send a member of the staff.
Z30
December 18, 1985 (Regular Night Meeting)
(Page 14)
Mr. St. John said the Greenwood Chemical Company injunction is ready to go,to the judge
to extend it until June 30, 1986. This is pursuant to the Board's agreement and intention
when it was first filed. No action has been taken because the EPA and State Health Department
are still cOnducting investigations on the site. There have been interim reports from them
and these reports do not show any violations of regulations of the law. The final report will
contain some recommendations for the future handling of the waste that is on the site now.
Mr. Bowie said he has a concern with regard to SP-85-54, Keswick Country Club. (Mr.
Lindstrom said he is unable to participate in a discussion with regard to Keswick Country Club
because his firm represents the applicant. Mr. Lindstrom then left the meeting at 10:15 P.M.)
Mr. Bowie said part of condition 91 reads "The location of the 36 additional suites shall be
no closer to existing private dwellings than the current clubhouse." The condition makes it
impossible to build the 36 suites unless they are built on top of the clubhouse. All around
the clubhouse are guest cottages and utility buildings, and as he remembers the intent was not
to expand the club area. He has discussed this with the County Attorney and is requesting
that the staff draft some new words for the end of that sentence to convey the meaning so
Keswick Country Club can proceed with construction. This information should be provided at
the January 8, 1986 meeting. Mr. St. John said the letter to the applicant is only a staff
product and he feels a clarification may can be made from the actual minutes of the meeting.
Miss Neher, Clerk of the Board of Supervisors, said the minutes of that meeting do not provide
a clarification of the language. The applicant has seen the minutes and listened to the tape
recording. Mr. Fisher asked that the staff clarify condition ~1 of SP-85-54, Keswick Country
Club, concerning location of the 36 additional suites. Mr. Horne said 'the staff will review
the condition.
Agenda Item No. 11. Cancel January 2, 1986 meeting.
Agenda Item No. 12. Adjourn to January 3, 1986, 1:30 P.M., Meeting Room 7.
At 10:40 P.M., Mr. Bowie offered motion, seconded by Mr. Way, to cancel the meeting of
January 2, 1986 and adjourn to January 3, 1986 at 1:30 P.M., Meeting Room 7. Roll was called
and the motion carried by the following recorded vote:
AYES: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, and Way.
NAYS: None.
ABSENT: Mr. Lindstrom.