HomeMy WebLinkAbout1997-06-11 FINAL
7:00 P.M.
JUNE 11. 1997
ROOM 241. SECOND FLOOR, COUNTY OFFICE BUILI.)ING
2.
3.
4.
5.
6.
9.
10.
11.
12.
Call to Order.
Pledge of Allegmnce.
Moment of Silence.
Other Matters Not Listed on the Agenda from the PUBLIC
Consent Agenda (on next sheetL
SP-97-7. James W & Edith M Love (Sign #65). Public Hearing on a request to display
vehicles for sale on parcel currently used for mobile radio installation & repair
business. Portion of pd adj to Avon St Ext znd HC: rear portion znd PA. Located on
WsdofAvonStExt Rt742) NofI-64w~inECDist. TM77 Pll (Pr'operryrecom
for Industrial Service in Urban Neighborhood 4 in Comp Plan.) Scottsville Dis*.
ZMA-96-25. River Heights Assoc Ltd (Sign #25L Public IIcarL--,g o;, a ~-cciuca~ ~o amend
deferral.)
Approval of Minutes: Febmarv 12.1997.
Other Matters not Listed on the Agenda from the BOARD.
Executive Session: Legal Matters.
Certify Executive Session.
Adjourn.
CONSENT AGENDA
FOR APPROVAL:
5.1 Appropriation: Emergency Communications Center. $48.235 Forms #96077 and #96078
5.2 Resolution to Deny Claim for Legal Fees. George IGnight.
FOR INFORMATION:
5.3 Copy of Planuing Commission minutes for May 27. 1997.
5.4 April, 1997 Financial Report.
5.5 Comparative Report of Local Government Revenues and Expenditures. for the year ended
ltme 30, 1996, as prepared by the Auditor of Public Accotmts.
COUNTY OF ALBEMARLE
MEMORANDUM
TO:
FROM:
DATE:
RE:
Robert W: Tud~er, Jr., County Executive
V. Wayne Cilimberg, Director of Planning and Community Development
Ella W. Cater. CMC. CI~
lune 12, 1997
Board Actions of June 11, 1997
At its meeting on June 11, 1997, the Board of Supervisors took the following actions:
Agenda Item No. 1. Call to Order. The meeting was called to order at 7:03 p.m., by the
Chairman. (All Board members were present.)
Agenda Item No. 4. Other Matters Not Listed on the Agenda from the PUBLIC.
Mr. Chartes Trachta asked the Board to deny all future rezonings tmless they provide a
benefit to the County.
Ms. Deborah. Wvatt asked the Board to reconsider and pay the claim for legal expenses
for George Knight.
Mr. Steve Rosenfield, representing George Swingler, asked the Board to consider paying
the legal expenses for all the three deputies.
Agenda Item No. 5.1 Appropriation: Emergency Commtmications Center. $48,235 (Forms
#96077 and #96078j. APPROVED. Signed forms forwarded to Melvin Breeden.
Agenda Item No. 5.2. Resolution to Deny Claim for Legal Fees, George Knight.
DEFERRED until June 18. 1997.
Memo To: Robert W. Tucker, Jr.
V. Wayne Cilimberg
Date: June 12, 1997
Page 3
Agenda Item No. 12. Adjourn. The meeting was immediately adjourned.
/EWC
Attachments
cc: Richard E. Huff, II
Roxanne White
Kevin C. Castner
Larry Davis
Amdia McCulley
Jack Kelsey
Bruce Wooclzell
Richard Wood
Jan Sprinlde
Yadira Amati
File
STEVEN D. ROSENFIELD
Attorney at Law
917 East Jefferson Street
Charlottesville. Virginia 22902
Telephone (804) 2964139
Fax (804) 296-1209
BOARD OF SUPERVISOR.5
06-'~ '1-97~'{ 0:03 RCVD
June 11, I997
Clerk
Albemarle County Board of Supervisors
Coun .w office Building
Charlottesv/lle, VA 22902
Re: Providing Legal Fees and Expenses to Former Deputy George Swingler
To the Clerk
I would respectfully request that you accept this letter and attached submissions in behalf
of George Swingler and that you circulate this request to the Members of the Board of
Superv/sors. This request is submitted in accordance with Virginia Code §§ 15.1-66.3 and 131.6.
As you may be aware, Deputy Swingler had criminal charges dismissed; those charges arose in
his capacity, as a law enforcement officer.
Sincerely yours,
Steven D. Rosenfield
sdr/
Date
91 196
10/ /96
10/17/96
10/18/96
I0/19/96
10/20/96
10/21/96
10/21/96
10/22/96
10/22/96
I0/23/96
10/28/96
11/4/96
11/5/96
t 1/5/96
11/8/96
t 1/11/96
11/12/96
11/t3/96
TIME LOG: Swingler, George
Time Nature
.4 confw/Swingler & Knight
· 4 conf w/Dave Chapman
.9 teleconf w/Chapma~ George, Deb Wyatt
.5 teleconf w/George
.1 tele Terry Hawk/m
1,8 teleconfs w/George, Harry, Hawkins (3)
2.1 teleconfs w/George, Terr~, Court; conf w/George
.5 teleconf w/Debbie
.8 drop off Itrs to Terry; tele w/George, pickup signed ltr fi'om Terry
.6 conf w/Steve, tele Debbie
.4 teteconf w/Debbie, w/Jim Camblos
2.0 confw/Deb & Steve; tele Dave
· 1 review ltr from Steve. tele Dave
.2 teleconf w/Deb
1.9 review pros's file, teleconf w/Steve
1.4 teleconf w/Deb; conf w/Deb & Steve
1.7 research; teleconf w/George
.1 teleconf w/I)ebbie
.3 reviewltr fi'om Steve; coat?w/Hawk/ns; telecoM'w/Deb
l 1/25/96
11/26/96
11 ~27/96
12/3/96
12/5/96
12/10/96
12/11/96
12/11/96
12/12/96
12/16/96
12/18/96
1/2/97
1/3/97
1/6/97
1/7/97
1/8/97
t/9/97
1/13/97
1/14/97
1/15/97
.3 teleconf w[Rich Milner
.6 teteconf w/Leroy Hamlett, Steve Scott, Mary Susan Payne, Bankruptcy
elk
.5 review bankruptcy file of Lero3/s
.7 teleconf w/Shirley, w/Deb, w/Steve
1.6 c0nfw/Deb & Steve
1.0 prepare timeline
2.0 conf w/Deb & Steve, investigation (conf w/Dave,
.2 revise bill~particulars
· 1 cover Itt to Garrett - file B/P
3,0 Court; teteconf w/Deb
26.2 Hours
Beyer, Leroy Hamlett)
.5 teleconf w/Steve
1.2 research Alb Gem Dist Ct file - ely & trim - on S. Anderson, teleconf
w/George
1,5 get copies of comm. file; confw/Dave; memo to Steve & Deb, prepare
adoption of mo., teleconf w/Deb
1.0 confw/Dave (B/P); teleconfw/Deb
3.5 conf w/Deb & Steve; conf w/Steve; ltr to Chapman
3.0 comew/George; Court: conf w/Deb & Steve
1.5 research (aid/rig & abetting)
teleconf w/Deb, tele Steve
1_0 teteconf w/Steve (suppression, evidentiary issues, ltr to Chapman)
1.0 research - suppression issue
2
1/20/97
1/21/97
1/22/97
1/22/97
1/23/97
1/24/97
1/26/97
1/27/97
1/30/97
l/3t/97
2/18/97
2/19/97
2/19/97
2/20/97
2/21/97
2/24/97
2/24/97
2/27/97
2/28/97
3/3/97
2.0 research, draft motions
1.5 draft motions, tele Steve
2.0 confw/Deb
· 7 teteeonf w/Steve (,5), w/Deb (.2)
1.8 teleconfw/Deb; draft motions, research
1.0 final/zc motions, cover Itt to clk, conf w/Steve, deliver motions
.4 rev/ew law review article on grand jury illegality
.5 telecortfw/George, send mot/sup to court w/cover ltr
· 1 review ltr from Dave, send ltr to Dave
.3 teleconf w/Deb
.6 teleconfw/Deb (2), tele & teleconfw/Dave
2.1 conf w/Steve ~ Deb; teleconfObserver, teleconf w/Steve, w/Deb; tele
Sackie Hudson
.5 teleconf w/Jackie Hudson
1.1 teleconfw/Deb (2), tele Corey Re/ss, teleconfw/Kimberly Robbins;
teleconf w/Anne Grimm
.6 teleconf w/Kimberly, w/Deb; ltr requesting subpoena, teleconf w/George
.4 teleconfw/Deb, w/Anne CaSmm. ltr to Rick Meyer
1.0 teleconfw/Steve; w/Cory; research; teleconf w/Deb
1.0 research
3.0 research; Court
34.9 Hours
.3 eonf w/Geo~e, teleconf w/Deb (2)
3/6/97
3/7/97
3/9/97
3/10/97
3/11/97
3/12/97
3/t3/97
3/17/97
3/18/97
3/19/97
3/20/97
3/21/97
3/22/97
3/24/97
3/25/97
3/26/97
3/27/97
3/28/97
4/7/97
4/8/97
4/13/97
4.0 confw/Deb
.3 teleconf w/Deb
1.5 research
t.0 confw/Deb & Steve; conf w/Terry Hawldns
2.5 photogragh storage room; conf w/Terry, w/Deb
· 7 teleconfs & conf w/Deb, check records at J&D Ct and Ch' Ct
.8 teleconf w/Deb, confw/pol ofc
L4 conf & teleconf w/Deb; jury instr, city cir ct
2.4 teleconf w/Deb; confw/Steve, Deb & Ann Grimm
.2 teleconf W/Deb
1.7 teleconfs w/George, Deaton, Deb; prepare for mtg w/Knight; prepare for
Swingter
3.5 prepare for mtg w/Knight & Deb; conf w/George
.5 memo re:confw/George 3/2I
1.5 teleconf w/Deb, w/George, w/Steve; review tape (1/2);
I teleconfw/George
5.5 conf w/Deb, Dave, Steve, Anderson - review property (9:30-11:00); eonf
w/Deb & Steve; eonf w/George & Deb; confw/George (1:30- 5:30)
1.0 conf w/Judge Swett
· 1 teleconf w/George
· 7 teleconfs w/Deb, Kathy Nicolls, tele Steve, George, conf w/Harry Young
.7 teleeorff w/Debbie, Carol. George
1.5 draft mot/ohs
4/14/97
4/15/97
4/t6/97
4/17/9
4/18/97
4/22/97
4/22/97
4~3~7
4/24/97
4/24/97
4/25/97
4/27/97
4/28/97
4/29/97
4/29/97
4/30/97
5/1/97
5/2/97
7.0 research, draft motions, conf w/George, Deb, Knight, Steve & Garrison,
research
1.2 memo to Steve & Deb, teleconfs/Deb, research
2.0 teleconfS w/Deb, Steve, research
8.0 conf w/George: w/others, Court
1.0 teleconfw/Deh, C~orge(2), Dave
2.0 conf w/George & Betty Edwards, memo to Deb & Steve
6.0 teleeonfw/Steve, research - prep for heating, conf w/Deb/Steve, Court,
post- hearing discussion
1.7 teleconf w/Deb(2), jury instr., research, draft response to sub duces
1.5 teleconfw/Deb, Steve, George, Dave (scheduling trial), teleconfw/fed ct
3.0 review Dave's file, conf w/Steve
2.0 teleconf w/Deb, Steve, tete Jaclde, teleconf w/Dave, mot, tele George
1.5 prepare cross of George, of Anderson, timeline draft
4.5 corrf w/George & Steve, teleconfs w/George(2), coat'w/Deb, telecoafs
w/Deb(4), research - memos to Deb/file
6.0 teleeonf w/Dave (2); teleconf w/Deb, Steve, George; conf w/Deb, Steve
& Knight; research; help Deb - preparation
1.0 research exclusion, immunity, compelled testimony
8.0 exh/bit enlargement for Deb (Kinko's), review George's transcript, conf
w/Deb, Court (argue my motion to be present), remain at Court
w/George
7.5 draft jory ins[s, court w/Swingler
8.0 Courl
5/3/97
5/8/97
5/9/97
5/12/97
5/13/97
5/19/97
5/20/97
5/21/97
5/22/97
5/23/97
5/27/97
5/28/97
6/2/97
.2
.3
83.10
2.5
5.0 Court, conf w/Deb & Steve
2.4 confs w/Steve, teleconf w/Steve, conf w/Dave & Steve
· 4 teleconf w/Steve
teleconf w/Steve
teleconf w/Steve, w/George
conf w/Steve, Deb t sheritTs ofc.); teleconf w/George(2), teleconf w/Paul
Miller, tele witness, teleconf w/Dave
5.0 confw/George, confs w/Steve(2), Deb, Keith; teleconfs w/George,
Dave; file plead/rigs, teteconf w/Page phifi~ps (2)
2.0 court, telecom w/George
4.0 court, conf w/Steve, Deb, teleconf w/George, teleconf w/page Phillips
6.0 prepare ji for Steve, confw/Steve &; Deb; teleconfw/Steve, Deb, Court
· 1 teleconf w/Dave
,2 teleconf w/Dave; w/George
.3 teleconf w/Dave, w/George, draft order of dismissal
20. I
Total 1643 hours ~ $175&our -- $28,752.50
Expenses:
Photos (film & development) 22.11
Bankruptcy certification 20.00
Certified copies (City Cir. ci~) 4.50
Kinko's 6.{35
Total Expensest 52.66
George Knight was billed for these expenses and should not be counted twice if paid
to him.
STEVEN D. ROSENFIELD
Attorney at Law
917 East Jefferson Street
Charlottesville, V'nginia 22902
Telephone (804) 2964139
Fax (804) 2961209
8. 199
George Swingler
t 137 Oak Hill Drive
Charlottesville, Virg~aia 22901
Received 1/13/97
3/3/97
Statement
$1,600.00
1,000.00
For legal services rendered
September, 1996 through
December 16, 1996
26.2 Hours ~ $175/Hour
Legal services rendered
12/18/96 through 2/28/97
Confs w/George, Wyatt,
Deaton, Chapman; research;
teteconfs w/Jackie Hudson,
Anne Grimm, George, Wyatt,
Deaton, clerk; motions; Court
34.9 Hours ~ $175/Hour
$ 4,585.00
6,107.50
3_
For legal services rendered
3/3/97 through 4/7/97
Confs w/George, Deb, Steve,
Chapman, Judge, Hawkins; research;
prep. Jury instr; invest.; Court;
photos; teleconfs w/Deb, George, Steve,
court, bankruptcy clerk; review tape;
mtg w/Anderson & property
29.7 Hours ~ $175/Hour 5,197.50
Expenses:
photos (film & development)
Bankruptcy certification
certified copies (city Cir Ct)
22.11
20.00
4.50
$ 5,244.11
STEVEN D. ROSENFIELD
Attorney a~
917 East Jefferson Street
Charlottesville, V'nginia 22902
Telephone (804) 2964139
Fax (804) 296-I209
May 13, 1997
George Swingler
1137 Oak Hill Drive
Charlottesville, Virginia 22901
Received 1/13/97
3/3/97
Statement
$1,600.00
1,000.00
For legal services rendered
September, 1996 through
December 16, 1996
26.2 Hours ~ $175/Itour
Legal services rendered
12/18/96 through 2/28/97
Confs w/George, Wyatt,
Deaton, Chapman; research;
teleconfs w/Jackie Hudson,
Anne Grimm, George, Wyatt,
Deaton, clerk; motions; Court
34.9 Hours ~ $175/Hour
$ 4,585.00
6,107.50
For legal services rendered
3/3/97 through 4/7/97
Confs w/George, Deb, Steve,
Chapman, Judge, Hawkins; research;
prep. Jury ins/r; invest.; Court;
photos; teleconfs w/Deb, George, Steve,
court, bankruptcy clerk; review tape;
mtg w/Anderson & property
29.7 Hours ~ $175/Hour
5,197.50
Expenses:
photos (film & development)
Bankruptcy certification
certified copies (city Cir Ct)
22.11
20.00
4.50
$ 5,244.11
For legal services rendered
4/8/97 through 5/13/97
teleconfs w/Deb, Steve,
George, Ct, Hudson, Grimm;
confs w/Deb, Steve, Knight,
Chapman, Anderson, Garrison,
George, Hawkins; search ct files,
research jury instr., prep witnesses;
motions; Ct argument; Court (4 days)
83.1 Hours ~ $175/Hour
14,542.50
COUNTY OF ALBEMARLE
MEMORANDUM
TO:
FROM:
DATE:
RE:
Melvin A. Breeden. Director of Finance
Ella W, Carey. Clerk. CMC~~-~'
June 12, 1997
Board Actions of June 1 I. 1997
At its meeting on June 1 i, 1997, the Board of Supervisors took the following actions:
Agenda Item No. 5.1. Appropriation: Emergency Communications Center. $48.235
rForms #96077 and #96078).
APPROVED. Attached are the signed forms.
' ewc
Attachments ( 1 )
cc: Robert Waiters
Rick Huff
06-05-97AOg :26 RCVD
COUNTY OF ALBEMAR
EXECUTIVE SUMMARY
AGENDA TITLE:
Appropriation - Emergency Communications Center
SUBJECT/PROPOSAL/REQUEST:
Request approval of appropriations adjusting the
funding for the Emergency Communications Center and
providing additional funding in the amount of $48,235.00
to the Emergency Communications Center.
AGENDA DATE:
June 11,1997
ACTION:
CONSENT AGENDA:
ACTION: X
ITEM NUMBER:
INFORMATION:
iNFORMATION:
ATTACHMENTS: Ye~
STAFF CONTACT(S): /~/.~-/
Messrs. Tucker, Huff, Breeden . REVIEWED BY: f~.../~v ~
DISCUSSION:
Based on an Attorney General~s opinion, it has been determined that certain adjustments need to be made Jn the
funding of the Emergency Communications Center. This opinion concluded that the construction of the planned
ECC building could not be funded with E911 surcharge funds, however, a large portion of the operating cost can
be funded from the surcharge.
In addition, the current year's budget failed to ~nclude the full cost of the E911 phone charges which will require
additional funding in the amount of $48,235 to be shared by the City and County,
The net result of these adjustments and additional funding will require the allocation of an additional $12,094.90 in
County funds. This amount can be funded from the General Fund Balance.
RECOMMENDATION:
Staff recommends approval of the adjustments and additional funding as detailed on attached appropriation forms
96077 and 96078.
97.110
A~A ITHM/q~
Form. 3
7/25/86
· BOARD OF SUPERVISORS
06-06-97A~8: 30 RC(D
RESOLUTION TO DENY CLAIM
FOR LEGAL FEES
WHEREAS, George Irmight, a former deputy sheriff for Albemarle County,
purstmnr to § 15.1-66.3 of the Code of Virginia has requested the County of
Albemarle to pay legM fees and expenses in the amount of $49. 607.46 alleged to
have been incurred in his defense of two felony charges of which he was acquitted;
and
WHEREAS, the Board of Supervisors finds no cause to support the payment
of such fees by the taxpayers of Albemarle County.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Albemarle County, Virginia denies the claim of George ICnight for fees and expenses
in the amount of $49,607.46.
I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct
copy of a Resolution duly adopted by the Board of County Supervisors of Albemarle
County by a vote of to . on June, 1997.
Clerk, Board of County Supervisors
D~mo~ C. WYATT
(804) 296-4130
WY^ w &
ATrO~gYS A'~ L~w
300 COroT
Pos~ O~c~ Box 2726
C~mo~. ~ 22~2-2726
F~ (8~) ~6-897fi
May 12, 1997
Larry W. Davis, Esquire
County Attorney
County of Albemarle
401 Mclntire Road
Charlottesville, Virginia 22902
Re: Legal fees and expenses for defense of George Knight
Dear Mr. Davis:
As you are aware, George Knight, while a deputy with the county, was indicted and
charged with two felony offenses allegedly committed while working as a deputy. As bis
attorney, I represented him in defense of these charges, and he has been acquitted. Accordingly,
pursuant to § 15.1-66.3 of the Code of Virginia, I am submitting on his behalf my bill for these
services and related expenses.
Attorney hours: 359.7, at $I35.00 per hour $48,559.50
Expenses (supplies, copies, subpoenas, phone,
fax, enlargements, certified copies,
wkness expense, miscellaneous) $
1~7.96
Total $ 49,607.46
My client and I thank you in advance for your prompt payment of this bill.
Sincerely yours,
(~~. Wyatt
DCW/wp
cc: George Knight
VA ST § [5.1-66.3. Providing legal fees aad expenses for sheriffs and deputies
Page 1
~8959 Va. Code § 15.1-66.3
WEST'S VIRGINIA CODE
TITLE 15.1. COUNTIES, CITIES
AND TOWNS
CHAPTER 2. COUNTY. CITY AND
TOWN OFFICERS GENERALLY
ARTICLE 3.1. ACTIONS AGAINST
OFFICERS
Current through lcrws passed at the 1996
Regular Session
§ 15.1-66.3. Providing legal fees and
expenses for sheriffs and deputies
If any sheriff or deputy sheriff shall be
arrested or indicted or otherwise prosecuted on
any charge arising our of any act committed in
the discharge of his official duties, and such
charge is subsequently dismissed or there is
rendered a verdict of not guilty, such sheriff or
deputy sheriff may submit to the governing
body of the jurisdiction wherein he was elected
or appointed a statement of legal fees and
expenses incurred in his defense of such charge.
The governing body may authorize that such
legal fees and expenses, or any portion thereof;
be paid from the treasury of such governing
body. If the affected sheriff or deputy sheriff
disagrees with the action of the governing body,
said officer may petition the circuit court al: said
county or city to award said fees and cost. The
cimuit court, sitting without a jury, shall hold a
judicial hearing on said matter. The court for
good cause shown may order the governing
body to pay alt or any appropriate portion of
said fees and cost.
Search this disc for cases citing this section.
Copyright (c) West Publishing Co. 1997 No claim to origina~I U.S. Govt. works.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY BOAP, D OF SUPERVISORS
AGENDA TITLE:
April 1997 F'tnanciai Report
SUB JECT/PROPOSAUREQUEST:
April 1997 Financial Report for the General, School, and
Capital Funds
Ms. White, Messrs. Tucker, Breeden, Walters
AGENDA DATE:
June 11, 1997
ACTION:
C,O, NSENT AGENDA:
ACTION: X
ATTACHMENTS:
I REVIEWED BY:
NUMBER:
INFORMATION:
INFORMATIO, N'.
Attached is the April 30, 1997 Monthly Financial Report for the General, School, and Capital Funds.
General Fund revenue projections were last revised in December 1996 to exceed budget by $440,773,0.42%.
General Fund expenditures have not been revised at this time.
School Revenue projections were rev'~ed to exceed budget by $139,254 0.21%.
School expenditures reflect a 2.5% holdback policy,
8taff recommends acceptance of the April 1997 Financial Report.
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May29,1997
COUNTY OF ALBEMARLE
Dept. ot Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
t804) 296-5823
G-reg Love
212 Pineridge Lane
Charlottesville, VA 22911
SP 97-07 James & Edith Love
James & Edith Love Site Plan Waiver Request
Tax Map 77, Parcel 11
Dear Mr. Love:
The Albemarle County Planning Commissmn, at its meeting on May 27, 1997, unanimously
recommended approval of the SP 97437 James & Edith Love to the Board of Supervisors. Please
note that this approval is subject to the following conditions:
o
No elevated vehicle display.
Vehicle sales and display shall be limited to a .maximum of eleven (11) vehicles and only
]in the ama designated on the applicant's sketch plan (Attachment D).
Submittal of a landscape plan_ which shall be acceptable to the agent and approved by the
Architectural Review Board.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on June 11, 1997. Any new or additional information
regarding your application must be submitted to the Clerk of the Board of Supervisors at least
seven days prior to your schedule hearing date.
The Planning Commission also approved a waiver of the site plan reqmrement in accordance
with Section 32.2.2 and a waiver of minimum improvements in accordance with Section 4.12.6.3
of the Albemarle County Zoning Ordinance. Please note that this approval is subject to the
following conditions:
Compliance with Department of Environmental Quality regulations for removal
of underground storage tanks located on the site, prior to commencement of used
car sales.
Site shall be developed in general accordance with the sketch plan submitted by the
applicant.
Page 2
May 29, 1997
No grading shall occur at an elevation below the surface of the existing pavement, gravel
and/or topsoil.
Applicant must obtain a Certificate of Appropriateness from the Architectural Review
Board prior to commencement of used car sales.
The entrance must be paved to the right of way line, in compliance with Virgima
Department of Transportation requirements.
Submittal of a landscape plan which shall be acceptable to the agent and approved by the
Architectural Review Board.
If you should have any questions or comments regarding the above noted action, please do nol
hesitate to contact me.
Sincerely,
//Susan E. Thomas
Senior Planner
SET/jcf
CCi
Ella Carey
Jack Kelsey
Amelia McCulley
James W. & Edith M. Love
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
SUSAN E. THOMAS
MAY 27, 1997
JUNE 11, 1997
SP 97-07 LOVE USED CAR DISPLAY. WAIVER REOUEST
Applicant's Proposal:
Greg Love proposes to display a maximum of eleven used ears on property owned by James and
Edith Love, which also is the site ofthe family's mobile radio installation business. The radio
business occupies the 6,000 square foot building located on the site, and will continue to operare
there. A small portion of this building would be dedicated to car sales management. The car
display area would be located betweenthe building and Avon Street Extended (Route 742). The
applicant's description, justification, and site plan are included as Attachments B, C, and D,
respectively.
Petition:
Petition to allow addition of used car sales [24.2.1 (25)]on property of approximately 1.56 acres
zoned HC, Highway Commercial. Although the used car sales use is allowed by right in a
Highway Commemial district, Avon Street Extended is a designated entrance corridor, and
therefore a special use permit is required for the outdoor display. A Certificate of
Appropriateness will be required from the Architectural Review Board (ARB) before final site
plan approval can be granted. The applicant is also requesting a waiver of the site plan
requirement in accordance with the provisions of Section 32.2.2, and a waiver of minimum
improvements in accordance with Section 4.12.6.3 of the Albemarle County Zoning Ordinance.
Subject property is located on the west side of Avon Street Extended, south of Interstate 64. This
site, described as Tax Map 77, Parcel 11, is located in the Scottsville Magisterial District in
Urban Neighborhood 4, a Development Area. This area is recommended for Industrial Service
in the Comprehensive Plan.
Character of the Area:
The front portion of the site is currently occupied by Mobile Communications and Electronics,
Inc., a mobile radio repair business, located in a 6,000 sq. ft. building. The rear portion of the
site is undeveloped and zoned RA, Rural Areas. The property has an existing commercial access
with deceleration lane and.taper, approved and constructed as a condition of site plan approval
for a previous farm equipment business operated on this site.
Zoning along the west side of Avon Street in this area is LI, Light Industrial, to the north and
south of the site. Located across from the site are Avon Business Park and Coyne and Delaney
(a plumbing business), also zoned LI, Lighl Industrial.
RECOMMENDATION:
The Architectural Review Board (ARB)~reviewed this request for compliance with the provisions
of section 30.6 of the Zoning Ordinance and recommends approval, with conditions. Staffalso
supports the request for waiver of the site plan and minimum improvements reqmrements, based
on the limited nature of the site improvements that would be required.
Planning and Zoning History_:
The applicants purchased the property in 1986, and established the mobile radio business on the
site in that year. Previously, the Board of Supervisors had granted site plan approval to
Albemarle Farm Equipment on October 4, 1978. The existing building and access were
constructed at that time, along with other site improvements. Prior to the Albemarle Farm
Equipment site plan request, the property was the site of the city dump.
Comprehensive Plan:
The site lies within Urban Neighborhood 4, and is recommended for Industrial Service in the
Comprehensive Plan.
This Industrial Service designation extends along both sides of Avon Street Extended from the
City limits to Interstate 64.
STAFF COMMENT: SPECIAL USE PERMIT
Staffwill address each provision of Section 31.2.4.1 of the Zoning Ordinance.
The Board of Supervisors hereby reserves unto itself the right to issue all special use
permits permitted hereunder. Special use permits for uses as provided in this ordinance
may be issued upon a finding by the Board of Supervisors that such use will not be of
substantial detriment to adjacent property,
Staff has not focused on the impact to adjacent property as this use is by special use permit only
due to the EC district. However, it is anticipated that the addition of used car sales will have no
negative impact on surrounding uses or on the site itself., due to the existing commercial
development ofthe property and the designation of the area for industrial service in the
Comprehensive Plan.
that the character of the district will not be changed thereby,
Impact on the character of the district is addressed by the ARB, which has reviewed this request
and recommended approval subject to conditions. Those conditions are reflected in the
recommended conditions of approval for the special use permit.
2
and that such use will be in harmony with the purpose and intent of this ordinance,
Staff has reviewed this request for compIiance with the pm'pose and intent of the EC district.
Staff relies on the ARB to provide an analysis of the appropriateness of the use and based on the
comments of the ARB, staff opinion is that this use is in harmony with the purpose and intent of
the EC district.
with the uses permitted by right in the district~
The used car sales use as proposed will not restrict permitted uses on adjacent property.
with additional regulations provided in Section 5.0 of this ordinance,
There are no additional regulations in S~ection 5.0 specifically addressing used car sales.
and with the public health, safe _ty and general welfare.
There are no issues related to the EC Overlay District.
SUMMARY
The proposed use car sales use is appropriately located, in an area recommended for Industrial
Service in the Land Use Plan and zoned Highway Commercial, a district where it is a use by
right. The ARB has reviewed the project as it relates to the Entrance Corridor, and recommends
approval with conditions as described below.
RECOMMENDED ACTION:
Staff and the ARB have reviewed SP 97-07. Based on the actions of the ARB, staff recommends
~proval of SP 97-07 subject to the following conditions:
1. No elevated vehicle display;
2. Vehicle sales and display shall be limited to the area designated on the applicant's sketch
plan (Attachment D).
STAFF COMMENT: SITE PLAN WAIVER REQUEST, WAIVER OF MINIMUM
IMPROVEMENTS
Site Plan Waiver Request
The applicant is requesting a waiver of Ihe site plan requirement, in accordance with Section
32.4.2,2 of the Albemarle County Zoulhg Ordinance. Staff has reviewed the applicant's
submitted sketch plan, which may be approved administratively when the special use permit has
been approved, and based on the limited nature of the site improvements required to
accommodate the used car use, staff can support the waiver request. By memorandum dated
April 28, 1997, the Engineering Department concurs with Planning in supporting the waiver
request (Attachment E).
As mentioned above, a commercial access, right turn and taper lane were established for an
earlier business located on this site. The Virginia Department of Transportation (VDOT) will
require that the entrance be paved to the right of way line.
Lengthy discussion of the former landfill and environmental quality occurred when the site plan
for a previous use, Albemarle Farm Equipment, was reviewed and discussed in 1978. At that
time, concern centered on control of met.bane gas formed by decaying organic matter in the old
dump, and the need for appropriate structural safeguards for the proposed building due to the
unconsolidated fill material on throughout the site. Approval was granted on October 4, 1978,
with conditions. Conditions addressing.specific landfill issues were: plans for all structures to be
prepared by a licensed engineer, and to ventilate methane; an on-site methane monitor; sealing of
underground utility junction boxes; and, compliance with all regulatory reqmrements relating to
landfill operations. This landfill had been a non-regulated dump, and was used and closed prior
to current state waste management regulations.
Staff has not identified any impacts to ~l~e Closed landfill resulting from the proposed
improvements. 'The site plan calls for graveling the display area, and paving and slightly
realigning the existing parking area. As a precautionary measure, staff has discussed with the
applicant the need to avoid excessive grading of the site, to avoid disturbing the dirt cap. Very
minimal grading will be required of the display area, s/nee it is already quite fiat and can be
leveled by filling. The applicant has discussed the grading issue with his paving contractor, and
they have agreed in writing m grade theparking lot only to the lowest existing pavement
(Attachment F).
An abandoned pump island is located behind the mobile radio repair building. The applicant has
informed staff that he is working with a contractor to remove the underground storage tanks
located there. Completion of this removal in compliance with Depamnent of Environmental
Quality regulations would be required, prior to commencement of the used car sales operation.
The Albemarle Fire Rescue Division has been delegated this task by the State, and a permit has
been issued for the removal.
Waiver of Minimum Improvements Request
The applicant is requesting a waiver of Section 4.12.6.3 of the Zoning Ordinance to allow a
gravel surface in lieu of surface treatment for the used car display area only. Customer parking
would be paved, as described above. Application of gravel would minimize grading of this
portion of the site, which is presently unimproved, thus avoiding further disturbance to the
landfill cap. The Engineering Department expressed ~ preference for a paved surface, but
concurs that substitution of gravel can be justified because of the peculiar site characteristics.
Staff recommends approval of the applicant's request.
SUMMARY:
Because of the limited site improvements required, staff supports the applicant's request for a
waiver of the site plan requirement. In accordance with Section 4.12.6.3, staff also supports the
applicant's request for a reduction in the required improvement of the display area to allow a
gravel surface in lieu of paving, to avoid the need for additional grading.
RECOMMENDED ACTION:
Staff recommends approval of the waiver of the site plan requirement in accordance with Section
32.2.2, and waiver of minimum improvements in accordance with Section 4.12.6.3 of the Zoning
Ordinance, subject to the following conditions:
Compliance with Department oEEnvironmental Quality regulations for
removal of underground storage tanks located on the site, prior to
commencement of used car sales;
Site shall be developed in general accordance with the sketch plan submitted by the
applicant;
No grading shall occur at an elevation below the surface of the existing pavement, gravel
and/or topsoil;
Applicant must obtain a Certificate of Appropriateness from the Architectural Review
Board prior to commencement of used car sales;
The entrance must be paved to the right of way line, in compliance with Virginia
Department of Transportation requirements.
ATTACHMENTS:
A - Tax Map
B - Applicant's Description
C - Applicant's Justification
D - Applicant's Sketch Plan
E - Engineering Department Memorandum
F - Letter signed by applicant and paving contractor, re paving specifications
A:\SP9707.RPT
5
AI~BEMARLE COUNTY ~A:rTACHMENT A]
SP 97-7
N LOTTESV _LE.
~,L, ,. ,~,, RIVANNA AND
...............~..-,..i. ,;" SCOTTSVILLE DISTRICTS
/
SECTION 77
]ATTACHMENT B]
Mobile Communications & Electronics, Inc.
1570 AVON STREET EX'E). ~34 N. L{BERTY ST;-tEET 605 RICHMOHD ROAD
CHARLOTTESVILLE. VA 22902 HARRISONBURG, VA LY2801 STAU~-,q'O£,I, VA 24~01
1-tt00-321-56t:,fi FAX
4/18/97
Dear Sir or Madam:
We are requesting to display vehicles for sale in addition to our current business Mobile
Communications and Electronics at 1570 Avon Street Extended. tax map 77 parcel 11.
The project is uncomplicated The current parking lot will be paved and additional
landscaping will be installed. There will be no grading with this project, additional
lighting, or changes to the exterior of the building. Therefore, we request a waiver of the
requirement of a site plan according to the provisions of section 32.22
This project will give the propert, y a better appearance and will not interfere with our
surrounding neighbors as they are industrial, warehouses, a used car lot and the Joint
security Complex. The display area will be kept neat with spacing between vehicles.
The following pages are drawing, dimensions, and statements of proposed changes.
Sincerely,
Gregory A Love
Project Manager
[ATTACHMENT
Justification
We are located just past Edgeeomb's Imported Auto (used cars) and directly
across from Coyne & Delany Co. (industrial), and also Avon Business Park
(warehouses). The property ~s on the same side as Charlottesville \ Albemarle
Joint Security Complex. At times, we have stored between 10 and 15 police cars
for the County of Albemarle.. It is already zoned for vehicle display however, we
are in a entrance corridor and need approval by the A.R.B. We have never
received a complaint about the appearance of the property. This seems to be the
best use for the land.
4 7 8.7 7
¢0
._'33,
I ATTACHMENT O I
0
' ' .~. · ~-ATTACHIVI ENT E
COUNTY OF ALBEMARLE
MEMORANDUM
TO: Susan Thomas, Senior Planner
FROM: Jack M. Kelsey, PE, Chief of Engineeri
DATE: 28 April 1997
RE:
SP 97-07 Greg Love Auto Display Sales; Site Plan Waiver
The Engineering Department has reviewed the applicant's request for a site plan waiver and
sketch of the proposed improvements. The site improvements appear to be limited to the
construction ora display area between the existing building and Avon Street Emended. The
display area will be accessed through the existing parking lot and travelways. No new entrances
are proposed and very little grading activity will be necessary to construct the improvements.
Any detailed information that we will need to approve may be provided on a sketch plan.
Therefore, we support the request for Site Plan Waiver.
It is our understanding that the applicant intends to surface treat the entrance and existing parking
area and use gravel in the display area. Our preference is that the display area is surface treated as
well. However, under Section 4.12.6.3. the applicant may request Planning Commission approval
to use a gravel surface in the display area.
It should be noted that this site is located over the old City landfill. Every effort should be made
to limit an~' excavation or disruption of the landfill during the construction of the improvements.
Underground fuel storage tanks exist at this location. These tanks were installed in 1978
(approx.) and have been in use since 1986. According to the Department of Environmental
Quality (DEQ), these tanks must be'registered with their office and must be "closed'~ in
accordance with DEQ procedures. The applicant is currently working with the County and DEQ
to determine how "closure" &these tanks is to be handled.
Please contact Andr~ Williams or myself if you have questions or require additional information
regarding this matter.
JMr/ss
RECEIVED
COpy: Andr~ Williams, Senior Engineer
1997
Planning Dept,
· ' JA-i'~IAL~HiUiI:.N I
4/18/97
Dear Sir or Madam:
There will be no grading below the existing surface at 1570 Avon street extended,
tax map 77, parcel 11.
The parking lot will be paved in order to comply with current Albemarle County
and VDOT standards. The current surface is fi, thick layer of recycled asphalt and
gravel which we intend to keep as a roadbed. We will level and reshape with
additional stone and new asphalt The soil will not be distui-bed.
Sincerly,
Greg A. Love
Projecg._ujanager'
A. E. Fox Paving
Paving Contractor
AGEbDA I'll:WI I~.
q
Form.
7~25/86
gent by:
UN.I:TED LAND OORP 9724126
06/10/97 12:19PM ooD 683 Page 1/1
BOARD OF SUPERVISORS
06-10-9"771£:2B R£ f~
June 9, 1997
By Facsimile
Ms. Ella Carey
Clerk, ~oard of Supervisors
401 M¢Intire Rd.
Charlottesville, VA 22902
REs ZMA 96-25
Dear Ms. Carey:
Please defer the above notsd item for River Heights
Associates from the June 11, 1997 Board agenda.
Sincerely,
~ver Heights Associates
, r ~- ~'%, ~
Wendell W. Wood
General Partner
03-2/-gTAbS: 39 RCVC
BOARD OF SUPERVISORS
March 26, 1997
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mclnfire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
Wendell Wood
River Heights Associates
P O Box 5548
Charlottesville, VA 22901
ZMA 96-25 River Heights Associates
Tax Map 32, Parcels 43 and 43A
Dear Mr. Wood:
The Albemarle County Planning Commission, at its meeting on March 25, 1997, by a vote of
4:2:1, recommended approval of the above-noted petition to the Board of Supervisors.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting onAPRIL 16, 1997. Any new or additional information
regarding your application must be submitted to the Clerk of the Board of Supervisors at least
seven days prior to your schedule hearing date.
If you should have any questions or commems regarding the above noted action, please do not
hesitate to contact me.
Sincerely,
William D. Fritz
Senior Planner
WDF/}cf
c~.' Ella Carey
Amelia McCulley
Jack Kelsey
STAFF PERSON:
PLANNING COMMISSION:
BO~RD OF SUPERVISORS:
WILLIAM D. FRITZ
MARCI{ll, 1997 ~
APRIL.16, 1997
ZMA 96-25 ,RIVER HEIGHTS ASSOCIATES LIMITED
Applicant's Proposal: This site ?vas rezonexl to HC at the time of the approval of the Forest Springs
Mobile Home Park, This area was intended to be used for mobile home sales. A proffer was included
which would require the construction of a road connecting the mobile home sales area and the mobile
home park. The intent of this road waS to allow for the transportation of mobile homes to the mobile
home park from the sales center without requiring access on, to public, roads. The-applicant is now
requesting that the road connecting the two,us?s not be required. The application,for this request
contains the followin.g justification:
"A road between the park and the sales center would not be used much. It is estimated deliveries from
the center to the park,will be less than 15 units till the park'is full. Hon~es sold at the center will he
ordered from the manufucmrer and delivered to the park.
During the meeting that the proffer waS agreed it was believed a glorified inexpensive farm road would
serve the purpose. Upon preliminary survey it was discovered the grades and water th~a~,would have to
be negotiated' for the movement of a home would require a road costing over $225,000.'
Petition: Proposal to amend the existing proffers of ZMA 95-17 to eliminate the requirement of a
connection between the mobile home sales area on Route 29 and the Forest Springs Mobile Home Park.
Property, described as Tax Map 32, Parcels 43 and 43A, is located on the west side of Route 29 just
south of its intersection with Timberwood Blvd. This site is located in the Community of Hollymcad and
is recommended for Regional Service.
Character of the Area: This site is the location of a used car dealership, Wheels for Less.
RECOMMENDATION: Staff has reviewed this request for compliance with the Zoning Ordinance,
Comprehensive Plan and previous actions on this site and recommends denial.
Planning and Zoning History:
July_ 26. 1972 - SP-158 was approved to allow the expansion ofthe general stor& on this site.
October 7, 1992 - CPA 90-03 was approved by the Board of Supervisors. This Comprehensive
Plan Amendment established the now urban density residential for the mobile home park and 50
acre commercial area along Route 29. This site is located in the commercial area on Route 29.
Ju_ly 14. 1993 - ZMA 93-06 was approved by the Board of Supervisors. This was a request to
rezone 7.9 acres, Tax Map 32, Parcel 43A and 43 (part), t~om RA, Rural Areas, to HC,-Highway
Commemial(proffered).
~ - SP 93-14 was approved by the Board of Supervisors, subject m one condition.
This was a request to establish outdoor storage and display and sales of mobile homes on 7.9
acres zoned Rural Areas and Entrance Corridor Overlay District. (This permit has expired.)
November 15, 1995 - ZMA 95-!7 was approved by the Board to amend the proffers of
zMA 93-06 to allow establishment of outdoor storage and display of autos on 7.9 acres zoned
Highway Commercial and Entrance Corfidur Overlay District (proffered). The proffers were as
follows:
I. The area outlined in yellow (350' x 180') on the attached plan rifled "Pine Grove" dated
8/29/95, may be used as a convenience/grocery store and gasoline sales. In addition this
area may be used for mobile home sales and/or automobile sales subject to approval of
the appropriate special use permits. The remainder of the site may be used only for
mobile home sales subject to the approval of the appropriate special use permits;
The entrances on this site will be closed or altered if required by the future plan of
development for the remaining adjacent areas designated office regional service in the
Comprehensive Plan;
The frontage on Route 29 containing Tax Map 32, Parcels 43A, 43, 42E, 42D, 42C, 42B,
42A and Tax Map 46, Parcel 5 shall contain not more than three combination entrance &
exits. The County may require closure of any existing entrances at the time of
establishment of any new entrances such that the total number of entrances does not
exceed three:
4. An access road between the mobile home sales area and mobile home park shall be
developed at the time of the establishment of any mobile home sales use. This access
road shall be used only for the movement of mobile homes between the two uses and for
emergency access.
November 15. 1995 - SP 95-31 -was approved by the Board to allow outdoor storage and display
of autos, subject to conditions.
February_ 19, 1997 - SP 96-41 was approved by the Board to allow the outdoor storage and
display of mobile homes, subject to conditions. The conditions were as follows:
All areas shown on plan (stamped Exhibits presented to ARB 10J21/96 initialed byMJ) noted
as display areas, other than the area to the right of the entrance showing the units visible from
Route 29 North, to be completely screened from Route 29.
2. Number ofunits visible from Route 29 North to be a maximum of up to two with the final
number to be decided as part of the final ARB approval of the certificate of appropriateness.
3. The screening of the other display areas shall be permanent.
4. Installation of right mm and taper lane as required by the Virginia Department of
Transportation in its October 23, 1996 letter
C6morehensive Plan: In the previous staff reports for reZoning of this property staff stated the
following:
"The Comprehensive Plan Amendment calls for an overall plan to be approved prior to development of
the commercial area. Also, the commercial area development is intended to occur after development of
the minimum 100 mobile home sites. Therefore, on its face, the sales area developmentis inconsistent
with the Comprehensive Plan, However, the sales area use is directly related to the mobile home park
development and therefore is considered appropriate for development prior to an overall plan of
development of the rest of the area; Any further development or change in use in the regional service
area would require a development plan."
The concept behind approval of the original rezoning allowing commemial use oftbis property is that it
would aid in the establishment of the mobile home park. A feature of the original rezoning was the
provision of a road which would connect the sales center and the mobile home park. This gave the
mobile home sales center a logical and physical connection with the mobile home park. It was on this
basis that the original proposal was considered acceptable, although contrary m the wording of the
Comprehensive Plan.
ST.IFF COMMENT:
No road plans have been submitted for connection of the sales center and the mobile home park and
therefore, staff is unable to provide comment on the engineering and cost of such a connection. Staff
does note that the movement of mobile homes from this site to the mobile home park will be difficult
without a road connecting the two. The location of the mobile home sales center is not at a crossover.
This will require mobile homes bound for the mobile home park to be transported to the south on Route
29 to some location that will allow the mobile homes to be turned around to go north on Route 29 and
mm lef~ onto Airport Road. Staff opmion is that movement of mobile homes between the mobile home
sales center and the park will occur since the applicant has: 1) stated in public meetings that he will
require mobile homes located in the mobile home park to be obtained through the proposed mobile home
sales canter and, 2) received approval through SP 96-41 for outdoor storage and display of mobile homes
at the sales center.
While not sited in any previous reports, staff notes that a road connecting the mobile home park to the
mobile home sales center could provide a secondary emergency access.
SUMMARY:
Staff opinion is that elimination of a road connecting the sales center with the mobile home park would
be inconsistent with prior actions and the Comprehensive Plan.
RECOMMENDED ACTION:
Staff recommends denial of this application.
ATTACHMENTS:
a - Location Map
B - Tax Map
C - Packet of information from ZMA 93-06
D - Packet of information from ZMA 95-17
E - Proffers for ZMA 96-25
A:~9625.RPT
FOREST SPRINGS MOBILE
HOME SALES LOT
ZMA-96-25
C
0
I EARLYSVILLE
0,9~1 & G E
CHARI OT'r£$
-~ ~FOREST SPRINGS MOBILE HOME SALES
ZMA 96-M5 LOT
ALBEMARLE
20
COUNTY
4,1
WHITE H'~LL 8
........ SECTION
........... RIVANNA DISTRICTS
July 22, 1993
COUNTY OF ALBEMARLE
Dept. of P~annin..q & Community Development
40! Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
United Land Corporation
ATTN: Wendell Wood
P. O. Box 5548
Charlottesville, VA 22905
RE: ZMA-93-06 United Land Corporation
Dear Mr. Woodf
The Albemarle County Board of Supervisors, at its meeting on July
14, 1993, approved the above-noted request to rezOne 7.9 acres
from Rural Area to Highway Commercial (proffered),.property
located on the west side of Rte. 29 approximately 600 feet South
of Timberwood Blvd. The site is located in a designated growth
area (Community of Hollymead) and is recommended for regional
service in the Comprehensive Plan. Please note that this
approval is subject to the following proffers:
The mobile home sales lot use will be limited.to mobile home
sales and existing grocery store and gasoline sales.
Themobile home sales lot entrance will be closed or altered
if required by the future plan of development for the re~
maining area designated office and regional service in the
Comprehensive Plan.
The frontage on Route 29 containing Tax Map 32, Parcels 43'A,
43, 42E, 42D, 42B, 42C, 42A and Tax Map 46, Parcel 5 shall
contain not more than three entrances. The County may
require closure of any existing entrances at the time of
establishment of any new entrances such that the total
.number of entrances does not exceed three.
United Land Corporation
Page 2
July 22, 1993
The site plan for the mobile home.sales lot will not be
signed until the site plan for a minimum of 100 mobile home
units is signed.
An access road between the mobile home sales area and mobile
home park shall be developed at the time of establishment of
the mobile home sales use. This access road shall be used
only for the movement of mobile homes between the two uses
and for emergency aocess.
If you should have any questions or comments regarding the above-
noted action, please do not hesitate to contact me.
Sincerely,
Plant
cc: AmeliaMcCulley
JoHiggins
Tom Muncaster
Development
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
WILLIAM D. FRITZ
JULY 13, 1993
JULY 14, 1993
ZMA-93-06 UNIT~uLAND CORPORATION
SP~93-14 ~UNI'~ LAND CORPORATION
Petitions:
ZMA-93-06 United Land Corporation - Proposal to rezone 7.9 acres
from'RA, Rural Areas to HC, Highway Conlmercial (proffered) on
property described as Tax MaP 32, Parcels 43 and 43A located on
the.west side of Rt. 29 approximately 600 feet south of
TimberwoodBoulevard~ (The following additional parcels are
affected by the proposed road network: Tax Map 32, Parcels 44,
45, 42A, 42B, 42C, 42D and 42E and Tax Map 46, Parcel 5 to remain
zoned RA, Rural Areas, bu~ with proffers). The site is in the
Rivanna Magisterial District and is located in a designated
growth area (Community of Hollymead) recommended for Regional
Service.
SP-93-14 United Land Corporation -. Proposal to establish outdoor -
storage and display and sales of mobile homes [30.6.3.2 (6-& 7)]
on 7.9 acres zoned RA, Rural Areas and EC, Entrance Corridor
(ZMA-93-06 is pending on this site]. Property; described as Tax
Map 32, Parcels 43 and 43A, is-lo~ated on the west side of Rt. 29
approximately 600 feet 'south of Timberwood Boulevard in the
Rivanna Magisterial District. This site is located the Community
of Hollymead and recommended for Regional Service.
Character of the Area: This parcel is currently occupied by a~
dwelling and a general market. (There are three dwellings on
Parcel'43 which are not proposed for rezoning and-are shown~to be
added to an adjacent parcel.)
Applicant's Proposal: The applicant is proposing to rezone
apprOximately 7.9 acres to Highway Commercial and establish
mobile home sales. The general market will remain as will the
existing residential structure which will be used for a sales
office. A private connection between the mobile home sales and
the proposed mobile home park is shown on the planssubmitted for
review. The applicant has submitted proffers.
SU~%RY AND RECOmmENDATIONS: Staff has reviewed these requests
for compliance with the Comprehensive Plan and the purpose and
intent of the Zoning Ordinance and Section 30.6 (Entrance
Corridor Overlay District). Staff is recommending approval of
this request only if the rezoning and special use permit for the
1
mobile home park are approved (ZMA-92~14 and SP-93-13).
approval of the request for the mobile home park staff,
unable to support this request.
Without
staff is
Planning and Zoning History:
July 26, 1972 - SP-158 was approved to allow the .expansion of the
general store.
A Comprehensive Plan Amendment (CPA) affecting this area was
approved by the Board of Supervisors on October 7, 1992J 'The
Land Use Map and recommendation adopted by the Board is included
as Attachment D in the.accompanying report for~ZMA-92-14 and SP-
93-13 (the Airport Mobile' Home Park). ~
Comprehensive Plan: The CPA calls for an overall plan to be
approved prior to development of the commercial area. Also. the
commercial area development is intended to occur after -
development of the minimum 100 mobile home sites. Therefore, on
its face, the sales area development is inconsistent with the
Comprehensiv~ Plan. However, the sales area use is directly
related to the mobile home park development and therefore is
considered appropriate for development prior to an overall plan
of development of the restof the area~ Any further development
or change in use in the regional.servicearea would require a
development plan.
The CPA limits access to the regional service area to three
locations. A proffer limiting access to three points and calling
for the relocation/deletion of the existing entrance are
provided.
STAFF
This request has been reviewed by the Architectu=al.Review Board
(ARB) (Attachment C) which stated in part:
That the use of this property as a sales site for mobile
homes can be accommodated through site design as indicated
in the staff report.
That the application plan for the proposed commercial zoning
(as outlined in the Comprehensive Plan Amendment approved on
this site by the Board of Supervisors), should be submitted
and reviewed in its entirety prior to approving the portion
of the area to be rezoned currently proposed as the mobile
home sales area..
While an overall plan of development for the commercial area' has
not been submitted, the applicant has submitted proffers intended
to address the concerns of the Comprehensive Plan. (Specifically
the number of entrances on Route 29.) Staff has previously
stated that this request is being reviewed under the assumption
that the mobile home park has been approved. Mobile home sales
may be considered as supportive of the mobile home park and it is
for this reason only that staff has supported this request at
this time.
SU~%a~YANDRECOR~ENDATION:
Properties to the north and east of this site are currently zoned
commercial. The request for mobile home sales is by special use
permit only due to outdoor storage and display within the EC
district and final ARB approval will be required prior to final
plan approval. Staff is able to support the zoning map amendment
and special use permit as it is supportive of the mobile home
park. Any alternative commercial use of the commercial area must
occur only after 100 mobile home units are in place and an
overall plan of development for the commercial area has been
approved.
Staff recommends approval of ZMA-93-06 subject to the acceptance
of the applicant's proffers listed below:
The mobile home sales lot use will be limited to mobile home
sales and existing grocery store and gasoline sales.
The mobile home sales lot entrance will be closed or altered
if required by the future plan of development for the
remaining area designated office and regional service in the
Comprehensive Plan.
The frontage on Route 29 containing Tax Map 32, Parcels.43A,
43, 42E, 42D, 42B, 42C, 42A and Tax Map 46, Parcel 5 shall
contain not more than three entrances. The County may
require closure of any existing entrances at the time of
establishment of any new entrances suchthat the total
number of entrances does not exceed three.
The site plan for the mobile home sales lot will not be
signed until the site plan for a minimum of 100 mobile home
units is signed·
An access road between the mobile home sales area and mobile
home park shall be developed at the time of establishment of
the mobile home sales use. This access road shall be used
only for the movement of mobile homes between the two uses
and for emergency access.
No conditions of approval are,needed for the special
Staff does recommend approval of SP-93-14.
ATTACHMENTS:
A -'Location Map
B - Tax Map
C - Architectural Review Board Letter
use permit.
4
SP-93-14
United Land Corp.
d
ZMA-92-14
Wendell Wood
i
ZMA-93-06
United Land Corp.
COUNTY OF ALBEMARLE
Department of Zonirg
401 Mclntire Road
Charlottesville. Virginia 22901-4596
(804 296-5875
Planning Dept.
April 20, 1993
Tom Muncaster
Muncast~r Engineering
338 W. Rio Road
Charlottesville, VA 22901
Re:
AR.B-P(SDP)-93-05 Airport Mobile Home Sales
Tax Map 32 Parcels 43 and 43A
Dear Mr. Muncaster:
The Albemarle County Architectural Re,Aew Board reviewed the above noted item at its meeting
on April' 19, 1993. The ARB recommended the following to the Board of Supervisors:
l)
That the use of this property as a sales site for mobile homes can be
accommodated through site design as indicated in the staff report, and
2)
That the application plan for the proposed commercial zoning (as outlined
in the Comprehensive Plan Amendment approved on this site by the Board
of Supervisors), should be submitted and reviewed in its entirety prior to
approving the portion of the area to be rezoned currently proposed as the
mobile home s~es area.
The sm~f report dated April 19, 1993 suggests the site plan for t ,e mobile home sa',es area on
this site can be accommodated if the plan for the site illustrates the following:
1)
It provides a sense of organization to the site in locating the pavement and mobile homes
in a harmonious juxtaposition with the existing building;
2) It reduces the amount of pavement visible to the Entrance Corridor;
3)¸
tt visually mitigates the expanse of pavement by brealdng it up by using vegetation,
walls, fences or arrangement of the mobile homes on the site,;
-- A~ C PAGE 2 --
Airport Mobile Home Sales
April 20, 1993
4)
It provides a visual continuity on the site by anchoring the building to the site by using
vegetation, walls, fences or arrangement of the mobile homes on the site; and
5)
It provides a transition from the more commercial sites to the north to the more rural
sites to the south.
If you have any questions doncerning any of the above please call me.
Sincerely,
Marcia Joseph
Design Planner
MJ
cc: Bill Fritz
Wendall Wood
Tim Lindstrom
7-13-93 14
ZMA-93-06 United Land Corporation - Proposal to rezone 1.9
acres from RA, Rural Areas~o HC, Highway Commercial
(proffered) on property described as Tax Map 32, ~arcels 43
and 43A located on the west side of Rt. 29 approximately 600
the June 29, 1993-Commissi0n meeting.
AND
SP-93-14 United Land Corporation - Proposal to establish
outdoor storage and display and sales of mobile homes
[30.6.3;2(6 & 7)] on 7..9 acres zoned RA, Rural Areas and EC,
Entrance Corridor' (ZMA-93-06 is pending on this site).
Property, described as Tax'Map 32-, Parcels 43 and 43A, is
located on the west side of Rt. 29 approximately 600 feet
south of Timberwood Blvd. in the Rivanna~Magisterial
Mr. Fritz presented the staff report. Staffwas
recommending approval of the requests, contingent upon the
approval of the rezoning and special permit for the mobile
home park.
'Mr. Fritz explained that a special permit is requirad for
~the mobile home sales because it in~otves outdoor storage
and display.
The ~pp%icant, M~. Wendall Wood, offered to answer
Commzsslon questions. He pointedout that the ARB feels the
use is acceptable and thinks it can be adequately screened.
In answer to Ms. Huckle's question, he stated that the units
would be able to be moved directly to the park without
havin~ to go onto Rt. 29. In answer to Mr. Nitchmann's
questi?n, he stated the road connecting the s~ies ~o the
park will be a gravel road and will not be a Convenient
route and therefore he did not think unauthorized usage
would be a problem. He noted that the road could be used as
~n ~mergency route in t~he event Rt. 606.was blocked. (Mr.
ill,berg added that thistype of road is Often Controlled
with agate.)
The Chairman invited public comment.
Mr. Tim Lindstrom, representing Piedmont Environmental
Council, addressed the Commission. He stated: "I don't
think w have an ob]ectzon to this particular use on this
7-13-93 15
site except for concern~that the Comprehensive Pian
. a~endment was.very carefully designed to assure that we
didn't have piecemeal.development 0f'~his rather large
~ommer~ial rezoning would occur because that was the
incentive to see tha~ the.park got done. .Secondly, we
u. strip, pl~cemeaI commercial development on
2! w~y there, is supposed to ~e a m~ster plan. My
.o~ly concern iS.i.lf the re~son that is OK is ~ecause it is
'directly related t0 th~ mobile home park, I think there are
a lot of other commercially uses that"would be equally~
arguably~ directly related. People from all over the
country can buy a mobile home park at this particular sales
and d%sp%ay. There.is no restriction, n?r. should there be,
that it is only'available to the people-ln-th~ par~. ~
(Likewise) there are Other places the peoPle in this park
can buy their mobile homes, i.. I am just concerned that
retain a lot of discretion On this so I don't think it is
necessarily a legal issue, but just as a princ%p%e I think
that it would be a shame to see this Sort of disintegrate'
into a number of small separate applications, rather than
following a master plan2 ... i'm just'concerned that we not
lose site of this very carefully worded amendment to the
Comprehensive Plan."
Mr. B%ue asked: . 'I take it t~at the Pledmon% Environmental
Council is opposing this particular (proposal).,'
Mr. Lindstrom: "That's correct." In response to Mr. Blue's
question Mr. Lindstrom stated he was speaking for the PEC,
but NOT for the Architectural Review Board (of. which he is a
member]. Mr. Blue asked if his position on the ARB ever
~esented a problem with his position with PEC. Mr.
indstromreplied: '!Nope~"
There being no further.public comment, the matter ~was placed
before the Commission.
Mr. ~ritz clarified that
proffer) to its existing
sales.
the property is limited (by the
use (a store) or mobile homes
pos~t~on that you
Mr. Fritz interpreted that it was PEC's ' ' "
shouldn't :approve this unless you have a plan for the whole
regional Service at the same time." He explained that if
the Commission wanted to support that position it would
recommend denial of the request.
Mr. Blue interpreted that it was staff's feeling that the
proposal was beneficial because it'would allow persons in
themobile home park to purchase their mobile home~and move
it directly to the site without having to be on Rt. 29.
7-13-93 16
Mr. Fritz commented: "We can see a direct connection
between a mobile home sales center for a 236 mobile, home
park.'! Mr. Blue stated: "And youthinkthat overcomes the
'objection Of not seeing the whole thing at'one time, if I
understand it correctly. Mr~ Fritz replied. R~ght.
~ThatJSour recommendation'." Mr. ciiimbe~g added that staff
felt this Was "very unique." He Pointed out thatthe~ staff
3report stated there-would be no more commercial development
approved Without the overall.Plan.
Mr. Johnson pointed out that this is the same situation as
the previous two items--the commercial development cannot
take place until after 100 unit. s are signed up in the mobile
~home park--so what happens to the zMA. if the mobile home
park cannot go forward. He asked: "Does 'it stay HC or
would it go back to RA?" Mr. Fritz explained: "It would
stay HC, but it would be tlmlted t.o the existing us.e that s
there now (grocery store and gasoline sales). Nothing would
change. He added that one f the applicant s proffers
states that the sate plan for the moblle home sales lot
will not be signed until the site plan for a minimum of 100
mobile home units is signed."
MOTION: Mr. Nitchmann moved that ZMA-93-06 for United Land
Corporation be recommended to the Board of Supervisors for
approval subject.to acceptance of the applicant's proffers.
Mr. Jenkins seconded the motion.
Discussion:
Ms. Andersen asked if, after having heard the Commission's
discussion, the PEC's position remained the same. Mr.
Lindstrom replied: ,I am personally satisfied with the
discussion, but I can't speak for my Board."
Mr. Grimm stated he would support the motion.
Mr. Johnson stated he would not support the motion because
he felt this type of use was totally inappropriate for an
entry corridor, particularly this close to the community,
and it also was incompatible with the character of the
district.
The motion for approval passed (4:3] with Commissioners
Grimm, Blue, Jenkins and Nitchmann voting in'favor and
Co~Lmissioners Andersen, Huckle and Johnson voting against.
SP-93-14 United Land Corporation
It was determined that the<site plan would be apProved
administratively (unless called up before the Commission)
and the ARB would also have to approve.the plan.
7-13-93 17
Mr. Blue felt Mr. Johnson's argument was a good one. He
asked staff to comment. Mr. ¢ilimberg replied: "Regional
Service, which is the designation o~.the front and Rt. 29,
implies all commercial usesj of which mobile home sales are
' a part. The entrance corridor concerns, we think, should be
addressed by the SP as to.whether or not it-is appropriate.
The ARB has determined that it can be appropriately
accommodated. You have to decide whether you agree with
that or not."
MOTION: Mr. Nitchmann moved that 'SP-93-14 for United Land
Corporation be recommended to the Board of SUpervisors for
approval.
Mr. Jenkins seconded the motion which passed (4:3) with
Commissioner Blue, Grimmr Jenkins and Nitchmann votinq in
favor and Commissioners Andersen, Huckle and Johnson voting
against.
November 20, 1995
COUNTY OF ALBEMARLE
Dept. of Plannir~ & .Community Development
401 Mclmire'Road
Charlottesville, Vi.~rginia 22902-~1596
(804) 296-5823
River Heights Associates
Wendell W. Wood
P. O. BOX 5548
Charlottesville, VA 22905
.RE: ZMA-95-17 River Heights Associates
Tax Map 32, Parcels 43 and 43A
Dear Mr. Wood:
The Albemarle County Board of Supervisors, at its meeting on November 15, 1995, approved the
above-noted request to amend proffers of ZMA-93-06 to allow establishment of outdoor storage
and display of autos on 11.3 acres zoned Highway Commercial and Entrance Corridor Overlay '
District. Please note that this approval is subject to the attached proffers.
Please note that the attached plan referenced in proffer #1 is on file in the Department of
Planning & CommuniW Development.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
Sincerely,
VWC/jcf
cc: Amelia McCultey ' Jo Higgins
Date:
Rt CEIVED
IqOV 0 3 1995
Planning D(~PPI~- FFER FORM
Original Proffer.
Amended Proffer.
(Amendment #
ZMA#,.95-17 TaxMapParcel(s)#32.~43 & 43A
Acres to be rezoned from He to HC
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or
its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall
be applied to the property, if rezoned. These conditions are proffered as a part of lhe
requested rezoning ~,nd it is agreed Ihat: (t] Ihe rezoning itself gives fl',se to the need for
lhe conditions; 'and (2) such conditions have a reasonable relation, to the rezoning
requested.
(l) The area outlined in yellow (350' x 180') on the attached plan
t'itled "Pine Grove" dated g/29/95, may be used as a convenience/grocery
store and gasoline sales. In addition this area may be used for mobile
home sales and/or automobile sales subject to approval of the
appropriate speclal use permits. The, remainder Of the site may be used
only for mobile home sales subjec't to the approval of the appropriate
special use permits;
(2) The entrances on this site will be closed or altered if required by
the future plan of development for the remaining adjacent areas
designated office and regional service in the Comprehensive Plan;
(3) The frontage on Route.29 containing Tax Map 32, Parcels 43A, 43,
~2E, #2D, 42B, ~2A and Tax Map 46, Parcel 5 shall contain not more than
three combination entrance & exits. The County may require closure of
an}' existing entrances at the time of establishment of any new entrances
such that the total number of entrances does not exceed three[
(4) An access road between the mobile home sales area and mobile ho~ne
park shall be developed at the time of the establishment of any mobile
home sales use. This access road shall be used only for the movement
mobile homes between the two uses and for emergency access.
Signatures of All Owners ~1 ~ ~(.~ ~rinted Names of All Owners Dale
OR
Signature of Attorney-ln-Facl
(Attach Proper Power of Attorney)
Prlnled Name of Attorney-in-Fact
PROFFORM.WPD
Rev. December 1994
ZMA-95-'I7 Wendell Woo Petition to amend the proffers of Z ~-93-06 to allow
e~stablishment of outdoor storage and display;0f;autos on 11.3 acres, zoned HC,
Highway Commercial and EC, Entrance Corridor Oveday District. [30.6.3.2b] Property.
described as Tax Map 32, parcels 43 and 43A is located on the west side of Route 29
near Timberwood Blvd in the Rivanna Magisterial District. This isthe location ofthe
Maupin Store. This site is recommended for Regional Service in the Community of
Hollymead.
and
SP-95-31 Wendell Wood - Petition to establish outdoor storage and display of autos on
11.3 acres, zoned HC, Highway Commercial and EC, Entrance Corridor Overlay
District. [30.6.3.2b] Property, described as Tax Map 32, parcels 43 and 43A is located
on the west side of Route 29 near Timberwood Blvd, in the Rivanna Magisterial District.
This is the location of the Maupin Store. This site is' recommended for Regional Service
in the Community of Hollymead. Deferred from the October 10, 1995 Commission
meeting.
Mr. Fritz presented the staff report. He .explained the proffers attached to the original
request "limit the use of the site to mobile home sales and there was a special use
permit that was issued that authorized that particular use." He explained that the staff
report which accompanied the original request "called for an overall plan of
development and commercial development was not to occur until 100 unitswere in
plaCe in the mobile home park. Therefore, on its face, mobile home sales was
inconsistent with the Comprehensi~/e Plan. (However), we found, as an offsetting
factor, because it was proposed for.mobile home sales, it could be supportive of the
mobile home park and we were, therefore, able to support the request and it was
ultimately approved." Mr. Fritz explained this current request "removes that connection
between this site and the mobile home park-there is no longer any use connection
between the two sites and therefore it is our belief it is no longer consistent with the
Comprehensive Plan and we are recommending denial of the rezoning request."-
On the special permit request the staff report concluded: "Staff and the ,ARB have
reviewed SP-95-31 should the rezoning 9e approved. Based on the actions of the ARB
staff is able to recommend approval ofthe special permit subject to conditions."
10-24-95 5
The applicant, Mr. Wendell Wood, addressed the Commission. His comments included
the following:
-The mobile home park is presently under construction. The present plan is to
place units on the site, including landscaping, and then to sell the units from the park
itself. This will avoid a lot of traffic movement of these units on Rt. 29 and is also
advantageous economically, thus making these units more affordable.
--The proposed use, a car sales operation, will be a more finan~cially successful
use for the site than the existing store and gas pumps. It will also create less traffic.
--The proposed use will also result_in landscaping improvements tothe site.
--This site is lessthan 1 acre. The mobile home Sales' lot would have been 11
acres.
There was confusion on the part of the Commission as to why the request was being
applied to 11 acres and- not just to the 1 acre proposed for the use. Mr. Fritz explained
the acreage referred to is the acreage of the parcels. Mr. Fritz confirmed that the
request to amend'the proffer would apply to the entire parcel. The special use permit,
however, would be limited in area to just the 1 acre area referred to by Mr. Wood.
Ms. Imhoff asked about the plans for the remainder of the 1,1 acres. Mr. Wood '
responded: '~/e don't have any plans forit at this time .... When we come back. it will
be with a planned use for the whole 44 acres of HC zoning."
Mr. Blue asked why the request had not been for just the 1 acre associated with the
special permit. Mr. Wood said the 11 acres is already zoned HC. Mr: Fritz explained:
"We looked at the area that was already zoned and amending the proffers that would
allow this use to occur. We did not discuss removing zoning from property that was
already zoned HC and rezoning just a smaller portion, but that is something we could
talk to the applicant about." Mr. Wood said hewas under the impression the property
was already zoned HC_. Ms. Imhoff explained: "But it is zoned HC with very stringent
proffers so it a mistake to say it was zoned HC because it was' HC to allow, and only to
allow, the sales of mobile homes." Mr. Fritz added: "And that is why we didn't look at
taking it from the large parcel, down to that 1 acre around that (existing) structure."
Mr. Cilimberg explained: "The key in the Comprehensive Plan, is that the commercial
area by the Plan, not only is designated Regional Service, but it is also specified that
the commercial area should be developed under one application plan. I think that was
the concern we had in the review-we're talking about taking out 11 acres that are not
being shown under any kind of overall development plan, which the Comp Plan called
for." Responding to Mr. Cilimberg, Mr. Wood said: "That is why it is being requested
for just the existing ongoing business."
Mr. Cilimberg clarified: ';By a rezoning action on the 11.3 acres, if the Board approves
it, you will be changing the proffer that currently exists on 11 acres, which restricts it to
10-24-95 6
mobile home sales. So as an 11 acre request, with the proffer that is being offered, the
whole 11 acres has changed, and not just the site where the auto salesare proposed.
It would take a much smaller rezoning, with a special use permit, to accomplish just the
autosales without effecting the rest of the property. That certainly could happen, but:
that is not what the application called for."
Mr: Blue recalled the mobile home sales had been approved because of the connection
to the mobile home park.
Mr. Blue asked if staff'Smcommendation would have been different if the proposal had
been for I acre rather than 11. Mr. Fritz replied: "One acre or 11 acres, because of the
proffers limiting the use of the site, the entire acreage, we had viewed it originally as
mobile homes sales Which was supportive of the mobile home park. This request
changes that from mobile home sales to auto sales, which is not supportive. So 1 acre,
or 1t acres, we were reviewing it as that and knowing that it was limited in scope by the
conditions of the special use permit and by the proffers that were provided. So 1 acre
or 11 acres does not change the recommendation."
Mr. Wood confirmed the original proposal was for most of the 11 acres to be for mobile
home sales.
Mr. Dotson asked if the gas tanks would be removed. Mr. Wood said the gas pump~
would be taken out which presently exist, though a pump might be installed to serve the
car dealership only. He said he was under the impression the tanks will have to be
removed, or replaced with new ones, to comply with EPA regulations, by 1998.
Mr. Joe Lombardo, who will be operating the car sales business, addressedthe
Commission. His comments included the following:
--His plans have always been for a small site, no more than 1 acre. -This
usewill create less traffic than the existing store and gas pumps.
--A mobile heme sales operation, as originally envisioned, would involve three.
times more paving than will this proposal.
--Mobile home sales on this property could result in mobile homes being moved
up and down Pt. 29 because it is not possible to restrict sales to just the residents of
the mobile home park.'
--The proposed use is not significantly different from a mobile home sales
operation, except it will result in much tess traffic and environmental degradation.
--The proposal involves an extensive makeover of the site, which has already
been supported by the,,A. RB.
--The proposal: (1) Is the best choice given the likely~aiternatives for this small
parcel; (2) Is in line with~thep{evious approval for outdoor storage and display; (3)
Beautifies a site that desperately needs rejuvenation; (4) Blends in well with the new
businesses established in the area; and (5) Fits in solidly with the community vision
10-24-95 7 ~'
statement to ...have a strong diversified economy with opportunities for local
businesses and meaningful jobs." -
Public comment was invited.
Mr. Bob Watson, President of the Forest Lakes Community Association, addressed the
Commission: He expressed neither support nor opposition to the reques~t, but voiced
the following concern: "This is the first commemial development on the west side of Rt.
29, north of the Rivanna River until you get to Forest Lakes, so our major concerns are
that the Amhitectural Review Board recommendations be very st~ngently enfomed, i.e.
signage, building renovations and vegetation. If you are going to approve this, I hope
you look very carefully at the ARB's recommendations and feel free to add to those if
you feel needed."
In response to Mr. Blue's question, Mr. Fritz confirmed that the staff's recommended
conditions of approval "match""those of the ARB.
Ms. Denise Kirschner addressed the Commission. She expressed concern aboutthe
plans forthe in-ground gas tanks. She asked if there was any monitoring planned to
ensure that the tanks are not leaching into the soil. Mr. Wood explained the EPA
checks the tanks 4 times a year. Ms. Kirschner asked if the tanks will continue to be
inspected even after the gas pumps are removed. Mr. Lombardo said the tanks will
be drained and sealed. Ms. Kirschner was still skeptical because she was personally
aware of tanks which had been drained and sealed and continued to leach into the
soils. Mr. Blue said he would ask staff to reseamh this question. Mr. Fritz said he
would bring that information back to the Commission as soon as he had an answer.
There being no further public comment, the matter was placed before the Commission.
Ms. Huckle asked Mr. Kamptner to comment on the fact that the basis for the approval
of the mobile home sales use previously--because it was connected to the mobile nome
park and supportive of affordable housing-was "no longer viable." She asked: J'Does
that have anything to do with the rezoning from RA to HC?" Mr. Kamptner replied:
"The fact that this particular parcel will not be used for mobile home sales, may just
mean that a particular proffer is moot." Ms. Huckle asked: "And the HCzoning
remains. It doesn't revert back to PA?" Mr. Kamptner,replied: "No. Any type of
reversion back to a previous zoning would require an affirmative' action by the County.
There isno automatic reversion back to a prior zoning."
Mr. Blue pointed out that the proffer proposed by the applicant still includes mobile
home sales, even though the applicant has said there is no plan for that use. Mr. Fdtz
responded: "He would need to apply fora new special use permit (for mobile home
sales), but he could still do that."
10-24-95 8
Ms. Huckle commented: "It seems to me we have been 'had.' In trying to do something
for affordable housing, we have been sold a bill of goods."
Mr. Nitchmann asked if the existing use--the store and gas sales.-could remain if this
request were to be denied. Mr. Fritz said the original proffer had been for mobile home
sales and the existing grocery and gasoline sales. Mr. Fritz said: "1 would have to
consult'the Zoning Administrator for aflnal determination, but it would appear the
grocery store and gasoline sales use could remain."
Mr. Dotson pointedout thatthe reVised proffer is imprecise, because it says "The
mobile-home Sales Iotwill be limitedto...." Mr. Kamptner said there will be a revised
proffer submitted which will incorporate the remaining proffers from the 1993 rezoning,
which will continue to run with the land, plusa revision to proffer No.-1. The Zoning
Administrator had also been concerned about the vagueness of the mobile home sales
tot.
Mr. Nitchmann asked when that revised pr0ffer would be clarified. Mr. Cilimberg said
Staff had received it just prior to the .meeting. Staff has not had a chance to review it
Mr. Nitchmann asked how the Commission could act if the proffer had not been
finalized.
Mr. Dotson suggested the Commission complete its discussion, but defer action. Mr,
Kamptner explained the law requires only that the proffer be perfected and submitted in
writing to the Board of Supervisors prior to their hearing.
· Ms. ImhOff said she.had understood, from her reading of the minutes, that "there was a
sort of deal--that you got this rather specialized HC use but only because of its link to-
the mobile home park. Now, this request for a special use permit on a small portion of
this property is opening up the door, in my mind, to'what might happen, not only on the
remainder of the 11 acres, but also, in the bigger picture, as to what is going to happen
in that entire area. My feeling is ! would tike to see the applicant come in with a unified
plan that addresses the entire area....: I don't think Regional Service, as described by
the Comprehensive Plan, necessarily.equates Highway Commercial, or all the uses you
have under Highway Commercial. It's a very open zone, So my feeling is thatl don't
think,this is the mature time to be talking about this zoning change and I agree with
staff. I think it shOuld be denied:"
Mr. Nitchmann asked how a unified plan could be presented if the applicant does not
own all the HC property. Mr. Fritz said the property is under the unified ownership of
the applicant (un ess portions have been sold since 1993). Mr. Wood confirmed the
accuracy of Mr. Fritz's statement.
10-24-95 9
Mr. Blue said he shared some of the feelings of the other Commissioners. He was
surprised that the ARB had approved the plan but said he was inclined to view the
request more favorably because of the ARB's comments and also because it is only on.
l.acre. Ms. Imh0ff pointed out that the ARB only looks at the.visual impact of the plan,
and not the rezoning issue.
If the. main concern is about access pointsonto Rt. 29, Mr. Dotson wondered what
more would be accomplished through an overall development plan. He pointed out that
the proffers make "this amenable to an overall development plan if the main concern is
access." He said, however, that he was not yet willing to support this request because
"we do not have precise enough language' and map to make it clear what we would be
acting on." He concluded: "'But I could see supporting thisas long as we are not
making it more difficult to get an ove?all development plan in the future."
Responding to Mr. Dotson, Ms. Imhoff said: "1 think it does. Though it's easy to say
'we'll close that entrance (later)', I rarely see it happen because the property is often
under different ownership by that time. I think the value of:a unified plan is not.only with
points of access, but it is also.unified signage, unified landscaping, unified building
design. It tends to work a tot better and there is a good opportunity, on the west side of
Rt. 29, to avoid the errors that we have made on other parts of 29. I just see it as an
opportunity for this part of the community to function a lot better.
Ms. Huckle recalled Commission discussion about limiting curb cuts on Rt. 29, parallel
roads, and requiring contiguous access between parcels.
Mr. Blue noted that the car ot would not require a 10t of capital expenditure and might
be easy to combine with a unified plan later.
Mr. Nitchmann indicated the proffers address some of his concerns about access
points, etc. He said this particular site could remain with its present use, which
produces more traffic than would the proposed car sales. He-said he could support the
request with the Understanding that the applicant would finalize the proffer prior to the-
Board hearing.
On the issue of the underground tanks, Mr. Dotson said he felt the tanks should be
removed at the same time the pumps are removed. He feared that these tanks are
easy to forget once the pumps have been removed.
MOTION: Ms. Imhoff moved that ZMA 95-17 for Wendell Wood be denied. Ms..Huckle
seconded the motion:
10-24-95 10
The motion for denial failed to pass (2:3:1) with Commissioners Huckle and Imhoff
voting in favor of denial, Commissioners Blue, Nitchmann and Dotson voting against
denial and Commissioner Vaughan abstaining.
MOTION: Mr. Nitchmann moved thatZM/~ 95-17 for Wendell Wood be recommended
to the Board of Supervisors for approval subject to acceptance of the applicant's
proffers andwith the understanding the proffers would be clarified, as diScussed, prior
tothe Boai-d hearing:
This motion failed for lack of a second.
MOTION: Mr. Dotson moved that ZMA 95-17 for Wendell Wood be deferred to
November 7, 1995, With the proffer to have been clarified by that meeting.
Ms. Imhoff seconded the motion.
The motion for deferral passed (5:0:1) with Commissioner Huckle abstaining from the
vote.
The Chairman asked for a motion on the special use permit.
Ms. Keeler noted that Mr. Lombardo had mentioned 45 cars, but the reqUest was for36
display cars. Mr. Fritz Said the conditions of approval state the cars wdl 'be limited to
the area shown on Attachment D (for 36 cars)."
MOTION: Ms. Imhoff moved that SP-95-31 for Wendell Wood be deferred to November
7, 1995. Ms. Vaughan seconded the motion.
The motion for deferral passed unanimously.
It was clarified that these two items were scheduled for Boardhearing on November
8th.
NOVEMBER 7 1995
The Albemarle County Planning Commission held a public hearing on Tu. esday,
November 7, 1995, Room 7, County Office Building, Charlottesville, Virginia. Those
members present were: Ms. Babs Huckle; Mr. Tom Blue, Chair; Mr. Bill Nitchmann; Ms.
Katherine Imhoff, ViceChair;.Mr..Bruce Dotson; Mr. Tom Jenkins; and Ms. Monica
Vaughan. Other officials present were: Mr. Wayne Cil!mberg, Director of Planning and
Community Development; Mr. Bill Fritz, Senior Planner: Mr. Ron Keeler, Chief of
Planning; Mr. Pete Anderson, UVA Representative; and Mr. Greg Kamptner, Assistant
County Attorney.
The meeting was called to order at.7:00~ p.m. and a quorum was established. The
minutes of the October 17th work session, and the October 24th meeting were
unanimously approved as amended.
ZMA-95-17. Wendell Wood - Petition to amend the proffers of ZMA-93-06 to allow
establishment of outdoor storage and display of autos on 11.3 acres (corrected by staff
to 7.9 acres), zoned HC, Highway Commercial and EC, Entrance Corridor Overlay
District. [30.6.3.2b] Property, described as Tax Map 32, pamels 43 and 43A is located
on the west side of Route 29 near Timberwood Blvd in the Rivanna Magisterial District.
This is the location of the Maupin Store. This site is recommended for Regional Service
in the Community of Hollymead. Deferred from the October24th Planning Commission
Meeting.
and
SP-95-31 Wendell Wood - Petition to establish outdoor storage and display of autos'on
11.3 acres, (corrected by staff to 7.9 acres) zoned HC, Highway Commercial and EC,
Entrance Corddor Overlay District. [30.6.3~2b] Property, described as Tax Map 32,
parcels 43 and 43A is located on the west side of Route 29 near Timberwood Blvd in
the Rivanna Magisterial District. This is the location of the Maupin Store. This site is
recommended for Regional Service in the Community of Hollymead. Deferred from the
October 24th Planning Commission Meeting.
Mr. Fritz presented the staff report. He said proffer number I has been clarified so that
auto sales will not be allowed on the entire property, but only on that portion outlined
around the existing building on the plan. [NOTE: Mr. Fritz reported the staff report had
incorrectly stated the acreage to be 1 '1.3 acres. The acreage should have been stated
as 7.9 acres.] Mr. Fritz said the remaining proffers have also been clarified, and are
consistent with the original proffers. Mr. Fritz concluded: "1 believe the applicant has
addressed the concerns of the Planning Commission."
t 1-7-95 · 2
The applicant, Mr. Wendell Wood addressed the Commission. Regarding the removal
of the existing underground gas tanks, he said the information he has been able to
gather indicates that if the existing operation ceases-, the tanks will have to be. removed
within either 60 days or 6 months. He wa~ given two different time frames and was
uncertain which was correct.
Ms. Huck!e quoted the following from the proffer: '.'Thisama outlined in yellow may be
used as a convenience grocery store and gas sales." Sheasked if the applicant --
planned to continue to offer gas sales. Mr. Wood replied: ~"No. If approved as a car
dealership, itwill not be used as a convenience store ora (gas station). The gas
pumps will have to be taken out since the gas station will cease and the in-ground tanks
will have to be removed within either 60 days or 6 months. The convenience store and
gas station will cease ~o operate."
Ms. Imhoff thought the proffers did not reflect Mr. Wood's explanation. Shesaid the
proffers indicate that both auto sales and convenience store would be allowed. Mr.
Fritz explained: "The convenience store and gas station is an existing use on the
property and we would recommend that you leave that in. That isthe only by-right use
that would be available on this property in the event the special permit failsor is
abandoned, for whatever reason. That is a carryover from the original rezoning." Mr.
Wood Confirmed Mr. Fritz's statements, saying: "If it is not rezoned, then itwill have to
be used for the existing use, the best we can." Ms. Imhoff pointed out that the waythe
proffer is worded, even if the rezoning is approved, the convenience store and gasoline
sales use would still be allowed. Mr. Fritz said: "Youcould .dothat (Le. restrict the
usage) asa 'condition of approval of the special usepermit If warranted. And that is
what the ARB has recommended as part of their cOnditions for approval_of outdoor
storage." Mr. Wood said that was acceptable. Mr. Cilimberg added:~"Also,, if the,
applicant did .not exercise this special use permit, then it-is the existing use that
remains, and this allows forthat to continue'. If you took that away, you would actually
have to take that use out of the ground, basicaily, and never exercise the special use
permit:"
Public comment was invited.
Ms. Babette ~Thorpe, representing the Piedmont Environmental Council, read a ~
statement of opposition to the proposed rezoning andspecial permit. That statement is
made a part of this record as Attachment A.
There being no further comment, the matter was placed before the Commission.
Ms. Huckle read-the following statement: "1 think we can agree that the problems with
traffic flow on Rt. 29 are due to too many random entrances and no parallel roads to
serve local businesses. We can also agree that the only reason that this parcel was
11-7-95 3 --
rezoned from RuralAreas to Highway Commercial was that the trailer sales lotwas m
support and service the adjoining-trailer~park. The trailer park was approved only
becaUse it was believed to provide affordable housing: It is our job as Commissioners
to learn from ~past mistakes and avoid making the same mistakes.againand again with
.Rt. 29. However, staff rem nds us that the 1992 Comprehensive Plan Amendment calls
for.an overall plan to be approved before development of this commercial area. If we
apprOvethis use with no parallel roads, no unified development plan, and no
contiguous access between parcels, we will be gutting our. Comprehensive Plan. If'th!s.
one,acre use is approved; the applicant could seek'approval for many more small
developments with multiple access to 29. It also proves that we have learned nothing
about the usefulness of Rt 29'as an arterial road because this is how it has developed
in the past-one small parcel at a time to lead to this bottleneck."
Ms. Imhoff said that though she appreciated Mr. Lombardo's efforts to "t ghten up the
proffer," her concerns remain as stated at the previous meeting. She said she
supported staff's recommendation for denial
· "'hi
Mr.-Blue repeated his comments from the previous meeting, i.e. [ s particular plan to
develop that small parcel would be an improvement and wouldn't require a large capital
investment, and sort of answered your concern about the unified development--in other
words, this may be a transitional or a temporary use.'!
Mr. Dotson said he had not been a part of the previous actions on this property and "it
may be that.the developer is pulling a fast one here." He said: "The Plan does say
Commercial, the zoning is Highway Commercial. There are protections in here for not
having excessive curb cuts in the overall development. I think' the key is it is a very
small piece, re-using an existing building· It seems to me we could make it very clear
this is not to set a precedent for piecemeal development, that this one small piece is
unique because of that building and because of the history." He concluded ne was still
undecided as to how he would vote on the request.
Mr. Nitchmann said he agreed with Mr. Dotson. He said he might feel differently if this
were a vacant piece of land He pointed out that the proposed use would reduce the
amount of pavement which would be necessary for a mobile home sales use, "it
consolidates everything ina more Concise manner," and it is at the end of the property.
He thought-the contiguous acreage surrounding the site would still lend itself to sound
development in the future. He said he did not agree with staff's recommendation. In
the event of favorable action on the request, he thought the language of proffer No. 1
needed to be clarified.--
MOTION: Ms. Imhoff moved that ZMA-95-17 for Wendell Wood be recommended to
the Board of Supervisors.for denial. Ms. Huckle seconded the motion.
4
11-7-95
The motion passed (4:3) with Commissioners Jenkins, Huckle, Imhoff and Vaughan
voting for the motion and Commissioners Blue, Dotson and Nitchmann voting against.
Mr. Blue s~a!d the action taken on the ZMA rendered the special permit request moot,
thus no action was required· Mr Kamptner agreed saying'that denial:of the special
permit Was implied by ~he action on ZMA-95-17.~ Though Mr. Cilimberg reminc~='d the
Commission that it has hiStorically taken action in these situations, no action was taken.
PIEDMON ENVIRONMENTAL COUNCIL
Protecting The Em'ironmem ls Eterybody s Business
Stateme~.t regarding ZMA-95-17 River Heights Associates
The PEC is opposed to ZMA-95~t7 for all the reasons stated bY staff. In addition, the
PEC Was actively involved in the negotiations which lead to the Comprehensive Plan
designation of the area of which this pamel is a portion. At that time PEC supported -
designation of approximately 50 acres of commercial in this areain consideration of
the owner's commitment to first provide a substantial and well-designed mobile home
park on land adjacent to this area.
The developer stated that he needed the additional commercial to make the
economics of the mobile home park work. It was expressly provided in the Plan that
the commercial coul(~ not be developed until the mobile home park was established
just to insure that the park would be built. Also, expansion of the then existing
commercial area on Route 29, of which the parcel subject to this ZM,~ is a part, was
justified because the owner was agreeing to a comprehensive planned development
of the entire 50 acres as opposed to a piecemeal development of the frontage.
To date, no mobile home park has been established, an express provision of the
Comprehensive Plan. Furthermore, no plan for the development of this 50 acre
commercial area has been presented. This ZMA represents exactly the kind of
piecemeal commercialization and fragmentation of this area which the Plan
specifically directs be avoided. And the provisions of the Plan for this area were
developed at the requeSt of the owner and after careful negotiations intended to avoid
precisely this result.
We urge you to accept the staff recommendation regarding ZMA-95-17.
45 Homer Street. Box 460. W?rrenton, Virginia 22186/703-347-2334/Fax 34%9003
Rose Hill Drive. Suite 1. Charlottesville. Virginia 22903/804-97.7-2033/Fax 977-6306
STAFF PERSON:
.PLANNING COMMISSION:
BOARD OF SUPERVISORS:
WILLIAM D. FRITZ
OCTOBER 24, 1995
NOVEMBER 13, 1995
ZMA 95-17 AND SP 95-31 RIVER HEIGHTS ASSOCIATES
APPLICANT'S PROPOSAL: The applicant is proposing to mend the existing proffers and
obtain a special use permit in o~der to use the site for the sale of autos.
PETITION: ZMA-95-1_ 7 - Petition to amend the proffers Of ZMA-93-06 to allow
establishment of outdoor storage and display of autos on 11.3 acres, zoned HC, Highway
Commercial and EC, Entrance Corridor Overlay District. Property, described as Tax Map 32,
Parcels 43 and 43A, is located on the west side of Route 29 near Timberwood Blvd. In the
Rivanna Magisterial District. This site is recommended- for Regional Service in the Community
of Hollymead.
~- Petition to establish outdoor storage and display of autos on 11.3 acres, zoned HC,
Highway Commercial and EC, Entrance Corridor Overlay District [30.6.3.2b]. Property,
described as Tax Map 32, Parcels 43 and 43A, is located on the west side of Route 29 near _
· Timberwood Blvd. In the Rivarma Magisterial District. This site is recommended for Regional
Service in the Community of Hollymead.
CHARACTEROF THE AREA: This site is the location of the old Maupin Store/Pine Grove
Store. The site contains a small store building, gas pumps and parking area.
RECOMMENDATION:
staff has.reviewed the proposed amendment to the proffers and recommends denial.
Staff has reviewed the special use permi~ for compliance with the provisions of Section 312..4 1
of the Zoning Ordinance and, if ZMA 95-17 is approved, assuming approval of the revised
proffer and recommends approval.
PLANNING AND ZONING HISTORY: This site was rezoned subject to proffers on July 13,
1993 (ZMA-93~06). A special use permit (SP-93~14) was approved at the same time. The
rezoning contained several proffers, one of which states: "The mobile home sales lot use will be
limited to mobile home sales and existing grocery store and gasoline sales". The special use
permit which was approved authorized the sale of mobile homes within the entrance corridor
district. This special use permit contains one condition which stated "The inventory shall include
mobile homes which meet the noise attenuation standards of ZMA-92-14".
COMPREHENSIVE PLAN: A Comprehensive Plan Amendment was approved in 1992 which
designated this area as Regional Service. In the previous staff report for this site (ZMA-92-14
and SP-93-14) staff stated the following:
The Comprehensive'Plan Amendment calls for an overall planto be approvedprior to
development of the commercial area. Also, the commercial area development is intended
to occurafter development of the minimum 100 mobile home sites. Therefore, on its
face, the sales area development is inconsistent with the Comprehensive Plan. However,
the sales area use is directly related to the mobile home park development and therefore is
considered appropriate for development prior to an ovemtl plan of development of the
rest of the area. Any further development or Change in Use in the regional service area
would require a development plan.
Staff opinion is that the current proposal for this site is not in keeping with the statements of the
Plan. No overall plan for development of the commercial area has been provided. Furthermore,
and that the previously existing relationship which allowed approval of commercial use of the
site no longer exists. ..
STAFF COMMENT:
Staffhas reviewed the special use permit to provide analysis and recommendation should the
Board approve the rezoning request. The proposed use, auto sales, is by special use permit due
only to its location in the EC district. Therefore, staff comment is limited to the impact of the
use on the EC district;
Staffwill address each provision of Section 31.2.4.1 of the Zoning Ordinance.
The Board of Supervisors hereby reserves unto itself the ri_eht to issue all special use
permits permitted hereunder. Special use permits for uses as provided in this ordinance
may be issued unon a finding by theBoard of Supervisors that such use will not be of
substarttial detriment to adjacent pronertv.
Stall'has not focused on the impact on adjacent property as this use is by special use
permit only due to the EC district. However, impact on adjacent property is anticipated
to be limited dueto the existing commercial development of the property and the
designation oftbe area for commercial use in the Comprehensive Plan.
that the character of the district will not be changed thereby.
Impact on the character of the district is addressed by the Architectural Review Board (ARB).
TheARB has reviewed this'request and recommended approval subject to conditions. Those
conditions are reflected in the conditions of approval for the special use permit.
2
and that such use will be in harmony with the purpose and intent of this ordinance.
Staff has reviewed this request for compliance only with the purpose and intent of the EC
district. Staff relies onthe ARB to provide an analysis of the appropriateness of the use and
based on the comments of the ARB staff opinion is that this use is/is not in harmony with the
purpose and intent of the EC district.
with the uses permitted by right in the district,
This use will have no impact on permitted uses in the area.
with additional regulations provided in Section 5.0 of this ordinance,
Section 5.0 contains no additional recommendations.
and with the nublie health, safety and general welfare.
This use will have no impact on public health, safety or general welfare
SUMMARY AND RECOMMENDED ACTION:
Staff opinion is that the proposed amendment of the proffer is inconsistent with the
Comprehensive Plan and previous actions on this property and therefore staff recommends denial
of ZMA-95-17. Should the Board choose to approve this request staff recommends acceptance
of the applicant's revised proffer.
Staff and the ARB have reviewed SP-95-31 should the rezoning be approved. Based on the
actions of the ARB staff is able to recommend approval of SP-95-31 subject to the following
conditions:
RECOMMENDED CONDITIONS OF APPROVAL.
Remove existing signage from the site;
Construct a berm topped with screening trees between the entrance corridor on the
somhem most part of the parking area. The parking in this area shall be screened from
the entrance corridor;
ARB approval of landscape location, sizes and species type. Trees are to be large street
trees (3 ~" caliper);
No elevated vehicle display;
3
10.
The lighting shall be directed down onto the site with the source of the light shielded
from view from the entrance corridor;
No attention getting devices shall be attached to any vehicle or structure on the site. This
shall prohibit the use of balloons, spinners, streamers and the like;
A certificate of appropriateness shall be required prior to approval of the site plan;
Lighting of the site shall be limited to between the hours of I0 am and 9pm;
Remove the gas pumps from the current location. Reestablishment of the gas pumps
shall permitted subject to site plan approval and approval by the ARB;
Vehicle sales and display shall be limited to the parking area shown on Attachment D.
ATTACHMENTS:
A - Location Map
B - Tax Map
C - Applicant's proffers
D - Sketch Plan
A:\SP9531 .RPT
October 17, 1995
!'. ~ATTAC HM I~NT A
ZMA-95-17
WENDELL W. WOOD
Hall
ZMA-95-17
WENDELL Wo WOOD
TOM
MOUNTAIN
O
Dale: 9/2~/95
PROFFER FORM
ZMA # 93-06 Tax Map Parcel(s) #
~TTACHMEN'i~C I
Original Proffer
Amended Proffer x
(Amendment # 1 .)
32-43 & 43A
Acres to be rezoned from
to
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, Ihe owner, or
its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall
be app ed Io lhe properly, if rezoned. These conditions are proffered.as a pad of lhe
requested rezoning and it is agreed that: (1) the rezoning ilself gi{,es rise to the need for
lhe condilions; and (2) such conditions have a reasonable relatiol~ to lhe rezoning
requested.
j(1) The mobile home sales lot use will be limited to
mobile home sales, used automobile sales and existing
grocery store and gasoline sales.
R~ver Heights Associates
Pdnted Names of All Owners
9/27/95
Dale'
Signature of Attorney-in-Fact
(Attaclr Proper Power of Attorney)
OR
Printed Name oi' Attorney-in-Fact
PROFFORM WPD
Rev December 1994
J ATTACHMENT c J
COUNTY OF ALBEMARLE
Dept. of Planning & Community Developmenl
407. Mclntire Road
Charlottesv~'lle, Virginia 22902-4596
(804) 2~6-5823
July 22, 1993
United Land Corporation
ATTN: Wendell Wood
Po O. Box 5548
Charlottesville,'VA 22905
RE: ZMA-93-06 United Land Corporation
Dear Mr. Wood£
The Albemarle County Board of Supervisors, at its meeting on July
14, 1993, approved the above-noted request to rezone 7.9 acres
from Rural Area to Highway Commercial (proffered), property
located on the west side of Rte. 29 approximately 600 feet south
of Timberwood Blvd. The site is located in a designated growth
area (Community of Hollymead) and is recommended for regional
service in the Comprehensive Plan. Please note that this
approval is subject to the following proffers:
The mobile home sales lot use will be limited to mobile home
sales and existing grocery store and gasoline sales.
The mobil~ home sales lot entrance will be closed or altered
if required by the future plan of development ~or the re-
maining area designated office and regional service in the
Comprehensive Plan.
The frontage on Route 29 containing Tax Map 32, Parcels 43A,
43, 42E, 42D, 42B, 42C, 42A and Tax Map 46, parcel 5 shall
contain not more than three entrances. The County may
require closure of any existing entrances at the time of
establishment of any new entrances such that the total
number of entrances does not exceed three~ _
United Land Corporation
Page 2
July 22, 1993
J,ATTAci'IMENT CI
IPage31
The site plan for the mobile home sa es lot will not be
signed until the site plan for a minimum of 100 mobile home
units is signed.
An access road between the mobile home sales area and mobile
home park shall be developed at the time of establishment of
the mobile home sales use. This access road shall be used
only forthe movement of mobile homes between the two uses
and for emergency access.
If you should have any questions or comments regarding the above-
noted action, please do not hesitate to contact me.
Sincerelyr
V. Wayne/~ilimberg / ~
Director of Plann~in~ &~munity Development
vw¢/j cw
· nmelia McCulley
Jo Higgins
Tom Muncaster
Date:.
Original Proffer
Amended Proffer
(Amendment ~.__)
PROFFER FORM
ZMA# ~'4~ - ~,5' Tax Map Parcel(s) # ~- ~) 4 f13~
Acres to be rezoned from to
Pursuant to Section 33.3 of the AIb..emarle County Zoning Ordinance, the owner or
its duly authorized agent, hereby voluntarily p~-offers the conditions listed below which shall
be applied to the properly if rezoned These conditions are proffered as a pad of the ·
requested rezonin~ and it is agreed that (1) the rezoning itself give.s, rise to the need for
the conditions; and (2) such conditions have a reasonable relation to the rezoning
requested.
H)
Printed Names of All Owners
Date
Signature of Attorney-ln-Facl
(Attach Proper Po,~'er of Attorney)
OR
Printed Name of Attorney-ln-Facl
The area outlined in yellow (350' x 180') on the attached plan titled "Pine Grove" dated
8/29/95, may be used as a convenience/grocery store and gasoline sales. In addition this
area may be used for mobile home sales and/or automobile sales subject to approval of
the appropriate special use permits7 ~The remainder of the site may be used only for
mobile home sales subject to the approval of the appropriate special use permits;
The entrances on this site will be closed or altered if required by the future plan of
development for the remain/ng adjacent areas designated office and regional service in
the Comprehensive Plan;
3. The frontage on Route 29 containing Tax Map 32, Parcels 43A, 43, 42E, 42D 42C
42B, 42A and Tax,Map 46, Parcel 5 shall contain not more than three combination'
entrance and emts. The County may reqUire closure of any existing entrances at the time
of establishment of any new entrances such that the total number of entrances does not
exceed three.
I:\GENERAL\SHARE~RITZ\SALES.PRF
BOARD OF
04-09-9~A10:20 ~CVD
COUNTY OF ALBEMARLE
Dept. of Planning & Comrnunit~ Development
401 Mclntire Road
Charlottesville, Virginia 22902-4696
(80ti) 296-5823
MEMORANDUM
TO:
FROM:
DATE:
RE:
Albemarle County Board of Supervisors
William D. Fritz, Senior Planner , ~) ~z
April 9, 1997
ZMA 96-25 River Heights Associates
Staffhas provided additional information for the Board's use. This infbrmation includes the
minutes of past actions by the Board. These minutes are for the original mzoning of the site and
the amendment of the proffers to allow auto sales. Staff has also provided information from the
Engineering Department stating the design standard for a road constructed to connect the mobile
home sales center and the mobile home park.
wdf
COUNTY OF ALBEMARLE
G4-OS-g?P03:21 RCV[
BOARD OF SUPERVISORS
MEMORANDUM
TO:
FROM:
DATE:
RE:
Bill Fritz - Senior Planner
lack M. Kelsey, PE - Chief of Engineermg~
April 7, 1997
ZMA 96-25
River Heights Associates
Tax Map 32, Parcels 43 and 43A
As requested by the Planning Commission, the Engineering Department researched our flies
for the design criteria used in previously approved "emergency access roads." This
information has been summarized below. This criteria has been consistently applied to access
roads whose primary functions were "emergency access" in developments where "emergency
access" was required by the Ordinance.
Road Width:
Surface:
Shoulder Width:
Ditch Width:
Road Grade:
Cross-slope:
Side-slopes:
12 - 14 ft.
6" VDOT #25/26 Stone
4ft.
4 ft. m centerline
18% max.
1/2" per ft.
2:1 max.
There is no horizontal curve criteria, other than the minimum necessary for vehicles to turn.
The vehicle minimum turning radii vary with the length and type of vehicle and are outlined in
AASHTO Geometric Standards. However, in this case the room needed to turn a mobile
home in tow will be the governing factor in determining the minimum radii.
We hope you find this information useful. Please contact me should you have any questions or
require additional information.
JMK'xctj
Pag~ 7
5.0
riding.
5,1.3
COMMERCIAL STABLE
a. Riding rings anG other rlalng surfaces shall De
shall be maintained at all 5lmes.
10.0 ~l~ ~REAS DISTRICT, RA
10.2.1 BY RIGHT
10.2.1.20 Co~ercial stable reference 5.1.3
10.2.2 BY SPECIAL USE PERMIT
10 2.2.16 [Repealed 11-15-9~
Agenda Item No ~. ZMA-95-17. Wendell Wood. Public Bearing on a
reques~ %o a~end proffers of ZMA-93-06 to allow establishment Df OU5~OOi
storage an~ olsplay of autos on 11.3 ac zoned HC & EC Located on W sQ of Rt
29 Near Timber~ood Blvd; is location of Maupln Store. Site recor~mended for
R~gionat Service in the Come,unity of Holl~nnea~. TM32.P's 43&43A. R~vanna
D~st. Deferred from November 8, 1995. {Advertlseo in the Dall~ Progress on
October 23 and October 3~. 1995.
Mr. Cilimberq su~hmarl~e~ the staff repor~ wnlcn is on ~ile in ~ne
Clerk's offic~ an~ a per~anen~ part of th~ record. The special ~se perml~ is
needed ir or,er ~o use 5ne s~c~ for the sale of autos. Staff o~kn~on ls tna~
~ne proposed amendment of the proffer ~a lncons%ssen~ w~tn the Comprehensive
P!an~ as well as prevmous ~cu~ons on this properuy; therefore staff recom-
menus ~enlal of ZMA-95-17. Should the Board inoose no approve ~nls request,
staff recomanends accepsance of the ap{licant's revised proffer. Mr 2ilimberg
said staff and the Architectural Review Board (AR~ have reviewed SP-95-31
able uo recor~end approval of SP-95-3]. S~D]ecE ~C certaln conditions.
Mr. Cilimberg said ~ne Planning iormnission, a= its meeting on Novemhei
Mr. Wendell Wood~ the applicant, said ~ne issue ne wished 5o address
recalled 5nat when he first came before the Board nwo and one-half years
subdivisions by using model homes; ne lave Brlarwooo as an example. Instead
~ navlng the sales lot pn Route 29, he ~s proposing no have 12 or 15 mobile
believes 1n will be successful. Models will bs pu~ ~n%o the mobile home park.
They will De Drougn~ directly there from ~ne factory. Tnere will De landscap-
ing, and ~ne homes will be sold as models exactly pn the lo~ where they are
recalled a co~unen~ maae implying ~e was misleading County officials as far as
someone trying ~o be deceitful. He explained that nnere lsa gas station at
one-half a aay than his s~oraqe tanks 1L ~ne ~rouna can handle. He is ~rymng
affordable housing, but ne thinks unls new idea is a better proposition. He
November 15, 199[ (Regular Nlgn~ Meeting
Page 8
~ne gas pumps. He nas agreec ~o do this i~ greet To upscale Eno prolec5 aha
czon. He ~dded that 5.000 feet of roac. 2 00[ feet of wa~er and i 50f feet of
mo be selling homes in early spring wiEn the cos~ runnzng from $19,00[ 5o
$38,000, WhiCh is below the housing cos~ previously men~lone~ ~n [ne beginning
Df ~ne mobile home park pro]ecn.
Mr~ Marshall said his understanding is that lnsmea~ Df selling mobile
home will be brought ~o the sz~e an~ sold on an already landscaped lot Mr.
mransport the mobile nome. Mr. Wood agreeo that there would be an ~pproxlma~e
$2 000 difference oenween ~nls situation an~ ses5zng ~ a co~umercial operan~on
regular nouszng in subdivzsions Advertising will De Gone, an~ ~he public
~ne fznished lot. The sales office will be in the parKmng lot on Route 29
He said there is a savings involved wit~ this method of sellin[ mobile homes
and anytime there is a savings, the cost of the product is Lowered.
Mr. Marshall wondered if Mr. Wood would be utilizing as much acreage on
Route 29 North with this proposal Mr. Wood replied ~na~ less ~nan 10. ~00
sales lot. seven acres are involved Re would De willing £o proffer ~o ~nls
thohgh, that hs is giving up this rign~ a~ the reques5 of the ARB. He noted
29 North nas the landscaping and modifica~Lons unoer WhiCh ne will be opera~-
support f~om the ARB. He added that Marcia Joseph, uhe Design Planner
indicated the st~ff favors this proposal because it represents significantly
less land usage ~han the previously approved mobile home sales center. This
proposal was approved allowing for the use o[ 7.9 acres of land, It also
original plan was ~o transport them into th~ back part o~ the site. With ~nl~
proposal, which ~rlpled the amount of vegetation currently on ~ne sl~e ~nc
coupled wl=n the much needed facelift of the ex~sE~r~ s~ruc~ure, would De a
more acceptable ~se of this commercial proper~y. It would no~ pose ~ signifi-
to 5his exuenu Re recalled a colores architectural drawing indicating the
~ype of screening ~o WhiCh he is referring. He realizes the previous approval
for the outdoor storage and display was granted largely as a result of the
relationship between the mobile home oarK ~nd ~ne sales cen~er. He feels
strongly this relationship, however, ~s no5 as uelevan~ as one definite result
caused by the measure This approval, if it had been carried beyond the
November 15, 1995 Regular Night M~et~g
(Paqe 9
those lnalvlduals who p%a~ t~ lt~e in the park the Opportunity nc purchase
Both are, ~n fact, retail establishments wlt~ the goal of selling Dig LlCKe2
l~ems competitively uo the local consumer base. However, this request ditfers
in that it would pose significantly less of an environmental impact than would
be endured by nne muc~ larger mobile home sales cen~er. If AlS proposal
order to compete successfully, this site ~ould have to undergo major renova-
nor~. Mr. Wood has already received offers~ ~no ne las ~aKen them
consideration ~s a back-~ plan to this ~eq~es~. This option w¢lld undoubt-
edly create far more envzronmental an~ traffic concerns than nls proposal.
Such a business would requzre more lighting as a result ~f the larger szze.
increased evening usage, aud it would be VlSl~e~ by far more CUstomers ~nan
any specialized usea car operation. Re sat at the ~moco snaulon ~ few weeks
ago for 20 minutes and watched about 15 people after 9:0Q p.m. pull _n~o 5ne
stanlon. This ls the kind of traffic which will be coming to s gas
resources than his proposal. From =ne perspectmve of the iounty's Pest
interest, this use would not represen5 the best ChOice ~o minimize 5ne
He was quzte perplexeo Dy the Pzeckmont Environmental Council's posztion
did not publicly oppose the much larger mobile nome sales neuter in 1993. He
oet~er. First, tums proposal includes ~ h~avily screene~ szte including a
berm 5o ~ne south of the property blocking a majority of the parking spaces.
There will De a lot bf vegetaglon throughout the site. The ARB called for two
property sufficiently, but would greatly enhance ~ne beauty of the parcel Be
pomn~ec euu tna~ the request represen=~ an environmentally soun~ plan. Be
noted that i~ calls fo= 5ne removal of ~1! lighted signs wnmcn front the
proper~y facing Rout~ 29. qe called attention 5o 5ne pictures shOwl~g
lighted signs, as well as a light De,ween the las pumps which he s~id would
come Gown. The plan calls fei 5ne removal of ~ne existing ga~ pumps wn~cn may
later pose a problem. The proposal calls for only limited nign~ use of the
proper~y thereby reducing the amount of light spillover On Route 29. Be
specific in making sure there would not De any spill over to Route 29 from any
light placed on the proper~¥ He nas gone through extensive lengths to find
nne type of lighting which could do this. and ne nas agreec ~o snornen 5ns 20
~ne same lights used by the new McDonald's across ~ne s~reet. These lights
this business would ]enerate considerably less traffic uhan any of tn~ likely
alternative uses. He also aote~ that no other public opposmmlon nas been
voiced a~d this is ~e slx~ p~blic hearing Dn %ne maEter. He feels it is
lmporman5 ~o mention that Mr Tim Lindstrom. an ARB me~oer, a~c a strong,
well-resDec~e~, compe~en~ voice Df the PEC has sup~rte~ ~ne pro~Dsal. Mr.
Ll~dstro~ voted favorably at the ARB meeting. Mr. Lombardo,went o~ 5c say he
feels Mr. Lindstrom's posmtion represents a complete understanding of nne
merits of thms proposal and a grea~er understanding of ~n~ likely a£terna~ive
uses of the property. H~ feels Mr. Lindstrom's actions demo~straue his desire
~o support the best ~nteresms of the County.
updated Comprehensive Plan. He unoers~a~s ~e p~rpose Df preventing piece-
meal growth and agrees wl~n 15 In this request, however, ~ne parcel, the
building and most o~ the paveG area are already in place He ms not proposing
Plan amenciment. In proposing a relatively small site, ne felt nls chances of
Mr. LombarGc said this request represenEs gooc, souno long ~erm use Df
an exzstzng commercial s~te needing re3uvena51on. He has a 5eh year lease,
aug ~n~a bus.ness will fit zn well wlth %ne Dthem recently established
ouslnesses in the ~rea. He willingly agrees 5o all of the sugges=lons and
reco~endations comlng out of prevzous near~ngs. He specifically mentioned an
amended proffer coming put of ~ese reco~enGatlons, protec~lng thls parcel
from expanszon for this use. He ~s convinced that if grantee, nzs proposal
will yield a business of wnlcu the County will De prouG. He plans several
i~ovations ~o make his business different from wnaL could be expected of a
~yplcally use~ car dealer. He views this proposal as ~ chance 50 make a
difference ina field desperately neeGlng 5o zmprove l~s image One his ideas
November 15, 1995 (Regular Night Meeting
(Page ]0
is ~o Keep ~he expenses mown Dy borrowing no money for Inve~Eory. There will
De no processing fees At his dealership, ana ne nas planned an automobile
research l£br~ry, open co the public, full of the latest consumer ln!ormatlon
no sales pressure, and he will sell only high quality use~ vehicles ac markups
po$itiv~ article abou~ himself pmb!ishec in iasc weeks' ObserveL, from wnmcn
se nas received a ioC of cowJnunlcy support. H~ has gotten over 20 phone calls
~o cons£~e~ hms proposition.
M~s. Humpnrls asKe~, in light of Mr. Lombardo's remar~f, if Mr. Cilim-
berg wo~ld distingulsn for everybody's benefit the difference me,ween ARB
approval an~ ~ne ~n~ngs with which this ~oard nas co deal There seems to be
a !ack of understanding.
Mr. Ci!imherg rssponded that the ARB a~vlses as co the special use
permit an~. more particularly, muse give approval for the site plan. This
presume~ ~na~ ~ne ~se ls approved legislatively. The sl~e plan goes ~nrough
an administrative process anc 5here is an ARB Certificate of Approprlaueness
The ARB members were lookin~ an =n~s pro)ect fro~ une ssanapoln~ of s~ne
q~ately accommodated 1E ~ne entrance porte.or for this use with a special use
NovemDer 15. !995 (Regular Nighs~Meet~ng
(Page 111
November 19, 1995 Regular Night Meetin~
(Page 12
proposal would look better, and l~ is a gooc use. It as obviously an estab-
lishmeDt of the sort where more ls neeoec and she is also delign~ea 5na~ one
2nange in plans will result in Lowei cost housing for mne mobile homes. All
whole thing, as the Comprehensive Plan says if should De oone she 5nlnKs the
Mr. Mart!n asked Mr. Ci!imberg Us explain =ne secona proffer. Mr.
Cilimber9 responaeG =nau Proffer #~ relates ~o when an overall plan of
explained that when %ne overall plan is approve~. %ne sl~e ~an De ~ltered
oasec Dn =hms plan. Mr. Martin said all of this can then be znciuded in ~ne
overall 9±an. Mr. Cili~berg replied cnaE lu would be expected mo De included.
no~ make any ~ifference.
Mr. Citimberg co~ented that Proffers ~2, ~3 aha ~4 are essentially the
proffers. He called attention, 5owever, ~o Proffer #1 which focuses 5ne
oar~icular auso sales down 5o a ~50 foot sy ~80 foot area.
At this time. mo=mon was offered Dy Mr. Martin seconded by Mr. Marshall
50 approve Z~LA-95-17 sub]ec~ to the following proffers:
AYES:
NAYS:
Date: 11-2-95
ZNL~ = . 95-1-
Tax Map Parcels s) # 32-43 & 43A
7.9 Acres to be rezone~ fro~ M~ ~o NC
Pursuant ~o Section 33.3 of mne Albemarle County Zoning Ordinance. 5ne
owner, or l~s duly au~norlz~ agent, hereby voluntarily proffers the
CO~l~lons listed below which shall be applied ~¢ ~e property, if
rezoned. These conditions are proffered ~s a p~rt of the reques=eo
The area outlined ~n yellow 350' x 180' on 5ne attached plan
mltled "Pine Grove" dated 8/29/95 on file in the Planning Office
automobile sales subject to approval of the approprlaue special use
perml%s. The remainder of mne slue may be uses only for mobile home
sales sub3ec~ %o the approval Df the appropriate special use
42E, 42D, 4SB, 42A and Tax Map 46, Parcel 5 shall contain noE more
Partner. 11-2-95
Roll was called ~nc une mo~on carried oy the following recor~ec roue:
November 15, 1995 (Regular Night Meeting]
(Page 131
Agenda Item N~ Public Hearing on a
reques~ ~o establish outdoor storage & display of autol on property described
in ZMA-95-17 above. Deferred-from November 8 1995.) Advertised in the
Daily Progress on October 23 and October 30. 1995.
SP-95-31. since 15 was nog announced that =ne two lsems would De heard
jointly.
Mr. Cilimberg lnolcated that he had covere~ the repor~ on both ~tems
(Note: At ~:35 ~e Board recessed, and reconvene~ ~t 8:4~ p.m.
Agenda Item No. 10. ZMA-95-I3 University Real Estate Foundation,
Public 4earing on a request ~o rezone ~ ~c from R-1 ~ R-IQ. Located on N sd
of I~y Rd on access roa~ to University Village. S~te recommended for High
Density Residential (lO.D1 - 34 ~u/ac . TM60,P45. 3ack ]ouett Dist.
Adver5lseo in the Daily Progress on October 3U and November ( 1995.)
Agenda Item No. 11. SP-95-27. Unzversmty Real Estate Foundation.
Public Hearing om a reques~ [o establish professional Dffice on 5.0 ac zonec
R-10 subject to approval of ZSLA-95-13 above Advertised in nns Daily
Progress on October 30 and November 6, 1995
Mr. Cilimberg su~arized the staff reporms which are on file mn the
Clerks office and a permanen~ par5 of the record. Mr Cillmberg said staff
r~vlew of this reques= nas provided mixed findings. In the opinion of staff.
5ne mntent of professional offices ~n ~eszdentzal 3zsmrzcus is ~o provLQe
s~ppor= services for nearby residential actlvitie~ (l,e., doctors, dentist/ or
Lc buffer residential areas from more ~nte~slve Co~hmercial areas. This
application ~s ~o provide office space for the University o~ Virginia Founda-
tion's main administrative offices. This use provides no direct suppor~ for
5ne nearby residential uses and represents ~n office use which would more
appropriately be located in a co~ercial distric5. Approval of this reques5
would be s ~epar~ure from pas~ ac~ons. Therefore, staff recommends denial of
Mr. Cilimb~rg said the ~lanning ComJ~isslon at ~ss ~ee~lng Dn November
i5, 1995, reco~ended ~pprovai of the rezonlng, ~s proffered, ano the special
July 14, 1993 (Regular Night Meeting)
taken ~n this area will be helpful in trying ~o tie in all of the different
Roll was called on the foregoing motion which carried by the following
recorded vo~e:
Perkins.
NAYS~ NOne.
Holly~ead) & iz re=om~ended for high density residential [10.01 =c 34 du/ac)
Agenda Item No. 13. SP-93-13. United Land Corporation. Public Hearin~
=o establish mobile some pa~E on approx B7 acs under BMA-gB-14. (Advertised
in the Daily Progress on J~ne 29 and July 6, 1993.)
Mr. Cilimberg summarized the staff repot= for these petitions; this
report is on file in the Clerk's Office with the permanen= records of the
Board of Supervisors. He said the Pla~ing Co~ission, a~ its meeting on
July 13, 1993, by a vote of 6/1, recommended approval Of the above noted
petition~; ZMA-92-14 is subject =o the following proffers:
1. The mobile home park is proffered for s period of no~ less
than fifteen years from the st~r~ of developmen~ ~n accor-
dance with the Uomprehe~sive Plan. The s=ar= of development
is defined as the date the first building p~rmit is issued.
~Th~ Planning Co~ission accepted this proffer with the
nd~rstanding it would be amended before =eaching the Board
is not perfected~)
The Planning Commission also recommended the following conditions for
1. Deletion;relocation of all lots within fifty feet of an
adjacent parcel;
2. Planning commission approval of final site plan;
Staff approval of all mobile home units proposed for
tion within the mobile home park =o ensure compliance with
the acoustical performance s~andards of Section 30.2.5;
Staff apprOVal of private road maintenance agreemen=s a~
such time as the proper=y may be subdivided;
5. Maintenanceof recreation facilities shall be the responsi-
bility of the property owner in accord with Section
6. No direct connection to Route 29 shall be made without
amendment of this permit;
7. Provision of a conventional "T" kntersection with Rou=e 606
constructed in accordance with Virginia Depar=men= of Trams-
July 14, 1993 (Regular Night Meeting)
(Page 17)
8. No plan of development shall be submitted for review until
the necessary easements and/or rlght-of-way acquisition for
the Route 606 entrance have been obtained;
ls proposed to be located ~n th~ Airpcrt I~pacn area, nokse attenuation
standards of %he ordinance have to be meu. ~r. Bain wondered wh~ the Board
Cilimberg said the staff does no= have information in hand to verify nhat the
provided criteria by which the applicant would have =o verify that he can meet
the nois~ standards before units can be located there.
Mr. Martin asked if each individual trailer would have to pass a noise
Board, th~ proffer keading as follows:
1. The mobile home park is proffered, for a period of not le~s
Board of Supervisors and thereafter the property shall enjoy
Mr. cili~berg said amended Proffer Number One for ZMA-92~14 provides for
a mechanism to ensure that if this property is not developed a~ a mobile home
park then the zonin~ on the properny will reuurn ~o rural areas zoning. This
proffer also ensures thai'this property will be developed only as a mobile.
home park during the 15 years that have been proffered by the applicant and as
stated as par= of the Comprehensive Plan amendment.
Mr. Bain inquired, from the staff's perspective, as =o what the ~oldup
is in terms of the access issue. Mr. Cilimberg said he believes the applicant
has some alternatives in mind which would not require the Airport A~thority's
property. There may be a need outside of the existing right-of-way for a
sigh= easemenu. That will be established through a final plan. There has ne=
yet been a survey of the property boundaries to determine whether or not the
road is on the Airport Authority's property. FAA officials will probably want
the County's ~ecision before FAA will rule on whether or no~ the ~ight-of-way
or easemenn will be allowed.
Mr. Bain wondered how difficult it would be =o have a mobile home
subdivision rather than a mobile home park. Mr. Cilimberg said he would have
to look a= th~ mobile home subdivision regulations, because he is u~sure how
subdivisions and mobile home Darks compare relative =o lot size.
Mrs. Humphris asked if there was ever any discussion about · vegetative
buffer on the Route 606 side of the project. Mr. Cilimberg said the property
located on Ro~te 606 if off of the applicant's site. There is ~n area o~ of
the actual ~obile home developmen= lots that is being provided as a setback
which could be considered as screening for the mobile homes
Mr. Bowerman asked if there are screening requirements. Mr. Cilimberg
answered "yes."
Mrs. Mumphris wondered if this plan would work at a lower density than
R-15. Mr. Cilimberg said he believes that R-10 is the minimum. Mr. St. John
stated it doesn't make any difference because one of the proffers indicates
July 14, 1993 (Regular N£ght Meeting)
(Page
how mahy units there will be. If this doesn't happen, there ~s another
proffer which states that the property will return to RA zoning.
At this time, the public hearing was opened.
Mr. Wendell Wooc addressed two of the issues which concerned staff. The
access involved with FAA approval is shown on the map and is outlined in red.
This road does not have to be built to that size during the first phase of the
project. The road can be ~hifted further north, but the kand has not beer
surveyed~ ~o it is unknow~ if this would be a problem. The red ~rea on the
map consists of approximately 68 squ~re feet and he does no~ believe the FAA
is going co be~cdnce~ned abo~t that. We intends to remind the FAA that his
company contributed a quarter,~f ~ million dollars to build a sewer, which is
a publi~ utility.
Mr. Wood said that last October th~ road was shown going all of the way
from Route 606 t6 Route 29. This is ~he preferred road At that tim~, it was
staff's reconunendation to build the road in two ~tages. He is not opposed to
having =he entrance off of Route 29. That is how it was first proposed.
There is als~ the possibility of shifting into the adjoining, privately-owned
proper~y to the south.
Next, Mr. Wood addressed the sound ~ssue. He said there has been
criteria eet by tbe Deputy Zoning Administrator which spells dUn in detail the
decibel level that has to be met In these domes. If this level zannot be met.
the homes cannot be put there. There is no question that this criteria can be
me=, but the question is whether or no= these homes currently meet it. He
said a =es= has ~ot been done, but it is believed that the homes can mee~ this
criteria now.
Mr. Bowerman asked Mr. Wood if he anticipa=es that all of the mobile
ho~es in this development will be new. Will there De some that are used? Can
the older mobile homes meet the requirements? Mr. Wood replied that the
manqfacturer would have to make a s=a=ement that the older home ~s built =o
mee~ the sound criteria.
Mr. Bowerman then wondered ii a home is five years old, would the manu-
facturer still be able to certify that home. Mr. Wood answered affirmatively.
Mr. Wood mentioned the road issue again. We said there has been a lot
of talk about ~=, but FAA won't make a decision based on a theoretical road.
If the FAA does not approve the access road, his company will have =o have a~
alternative, and he believes that alternatives ar~ available. AS far as sight
distance is concerned, Mr. Wood stated that there ~s sight distance without
going to F~%, so the only fssue is the approximately 68 square feet of land
that is needed. Mr. Wood reiterated that h~ is willing to have the entrance
road on Route 29. His company owns the property except for one piece of land,
and he can ge= access across ~t His company is currently ~n negotiations
about this property, and will probably own all of it soon.
Mr. Bowerman asked if Mr. Wood's company owned the property with the
crossover to Route 29. Mr. Wood replied ~hat he ~lready owns the land out on
Route 29.
Mr. Perkin~ wondered about the crossover between the cwo lanes. Mr.
Wood answered that if a crossover between the two lanes is a condition, he ~s
prepared tO build lt~ He belieges the Crossover will be~needed when the
commercial par~ of the property along the front is eventually developed. He
pointed dUC that his company cannot submit a plan for the front of the
proper=y until he has constructed 100 mobile home spaces. He said that PEC
asked for chis restriction, but if thi~ 8card chooses ~o change this restric-
tion, he will be glad to go alon§ with the Soard'~ wishes. He said there were
three entrances and exits granted along Route 29, and there had been a
potential of 11 entrances and exits. This plan i~ ~n accordance with the
Comprehensive Plan.
Mr. Wood said another issue brought out ~= the Planning Com~lsslon
meeting related to the time involved with getting this request through the
approval process. He has a letter da~ed 1990, which was the beginning of this
issue. Th~ Comprehensive ~lan change was approved September 8, 1992. He
=o answer question~. He believes the mobile home park is needed because it is
July 14, 1993 (Regular Night Meeting)
(Page 19) ~
housing developmentswit_bin'the County where the support infrastructure is
already stretches 5~Y~t~lc~Da~ity and where the possible solutions
are postponed or nonexistent, in terms of schools and ~oads. She also
vqUestioned the location of housing in a~ ares )us~ off of a runway, and no=
cry far from wh~re planes taxi and wait for takeoff. Planes emit fumes
during this time and have high noise levels.
Ms. Haussmann said she believes the Planning Commission and others have
oee~ incorrectly persuaded that this is an answer =o low-i~come housing in
this County. Opposition to the mobile home park has been described by th~~
developer an elitist and oy the Daily Procress as unaccept~ng. She said Mr.
Wood is a businessman, and the mobile home units will be rentals on his
property. If Mr. Wood or a future owner decides to build another s=rip mall
or so~e other type businessmen'the proper~y, all ~f these people could De
=urned out in 15 years. She believes this takes advantage of low income
families who hav~ so Little choice about where they live in this county.
is not against the County providing housing opportunities for those of lower
income, but she wonders what alternation to mobile homes the Planning
commission has examined to address this situation.
Ms. Hadssmann pointed ou= that a= last night's commission moo=lng, when
someone raised the point about the 15 year time limit for the plan, it wan
said that the ~mediate problem needed to be addressed, and the future was
being considered. She asked who ~s considering the impact in the future of
such a development ii the Planning Con~nission is no=. She is frustrated that
decisions made to allow for the high dens~=y housing in this area Last year
are used as a d~fense for approval now. It seems that the wheels wer~ all s~t
in motion after the a~endment to the Comprehensive Plan was approved last
fall, so much so that the School Board members told her a= a public hearing in
June that the mobile home park was al=eady ~proved, and there would be
students with which to "reckon." Thin misinformation has led many Broadus
wood parents to believe that there wasn't any chance of changing that deci-
sion. She noted that the School Board jus= voted Monday night uo pu= this
area in the Broadus Wood School district pending a public hearing. She said
the Supervisors are responsible for guiding the growth and developmen= in this
co~nunity, and for ensuring health, safety, housing opportunities, good
education, traffic flow and control, etc. She asked where is the true
comprehensive conuaunity planning, and then asked that the Supervlsors regec=
Mr. Wood's application.
Mrs. Eleanor Ives said she has been requested to read a letter h~r
husband sent =o the Planning Commission. She send s copy of Mr. Ives' letter
=o Mr. Eowerman, a~d she hopes all of the Supervisors have received a copy.
She then read the letter in which her husband pointed ou= the dangers of
aircraft accidents when there is a development nex~ ~o an airport. Mrs. Ives
said she and her husband live in Earlysville Forest, and three or four years
ago an airplane crashed a~ the end of their street. The only thing that saved
the houses is that 1= was a small aircraf=, and the =roes stopped it. S~e
asked the Board to please =onsider her husband'~ :oncerns.
ss. Karen Strickland said that last e~ening a= the Planning commission's
meeting, she presented her co~cerns a~d those of her neighbors, as far as the
impact this development would have on the local schools and on the ma~
commuting route, Route 743. In response to he~ comments, a Co~u~ission member
reprimanded her for getting involved so late in the process. Ret involvement
in this issue began when she learned the mobile home park children would be
attending Broadus Wood Elementary School. Monday night of this week the
School Board officially redistricted the mobile home park children to Broadus~
wood. This was non enough ~lme ~o aotify the Broadus Wood parents in the
middle of the sura~r and alert them to the overcrowding that will occur a=
their children's school. Broadus Wood has been a small co~ununity school
which, in recent history, has been renovated twice to acco~odat~ more
children. Ih bas been renovate~ to the limits of its property. She questions
the numbers given in the staff report about the number of elementary school
children who will be coming from this proposed mobile home developmenn. If
the numbers hold true for the mobile home park, there could be 150 children
coming to Broadus Wood Mr. Wood has indicated that he could bring these
trailers ~nto the development as fast as the people could move in, so this
means that people could be coming uo Broadus Wood nex~ year.
Ms. Strickland said after reading the staf~ roper= carefully~ she became
concerned on ~wo fronts. She pointed out a s~a~emen~ from the Airpor~
Authority saying other localities are moving people out of these ~mpaen areas.
She asked how County officials can knowingly move people into such an area
when the chances o~ the~ being harmed and suing the County are very s~rong.
She asked who is going =o bear the costs of these lawsuits,
Ms. Striekland said arguments have been repeatedly made on behalf of the
applicant that affordable housing is s~ necessary that all other concerns are
secondary. She asked if these affordable homes are really affordable. She
did some research and found that a trailer cosn~ 5etween $20,00D and 530,000.
With S120 for rent of the lot and the utilities, the cost could be as much as
$700 a moh~h. Trailers depreciate as quickly as cars, end there will be no
equity buildup for these mobile home o~mers She quoted from John Sheldon, of
the National Consumer Law Center, who said that, "The core issue of mobile
homes parks is that a mobile ho~e is not really mobile. Once you are there,
you are stuck. It is =co expensive to move if the ret= is ~ncreased." Sh~
July 14, 1993 (Regular Night Meeting)
(Page 20
requested that this proposal be, if not denied, au least delayed, because
ma~n concern z~ with the zmpac~ on Broadus Wood Elementary School.
Mr. William Sipe, who lives on Earlysville Road, said he moved ~o the
Earlysvilte area because it iM beautiful country, and he loves the moun~azns.
Since he moved to Route 743, he believes traffic has doubled or tripled. He
suggested that Route 743 be Mxamined on the map, because the distance to the
City of Charlottesville is only two miles less going via Rou~e 743 To the
Airport than it is to go via Route 29. Before ~onsidering a ~obile home park
in that area, Mr. Sipe thinks the Supervisors need to consider increased
police protection and a four-lane or dual highway on Route 743 He wonders
a feasibility study could be done by the Highway Deparnment for that road
hefore the proposed trailer park is located. He believes there are a lot of
unresolved issues about the mobile home park, and he thinks they should be
considered before living any final approval.
Mr. Vince Lidel, a resident of Earlysvilte Forest, said his children
attend Broadus Wood Elementary School, He feels the expanded facilities might
be in j~opardy with the unplanned arrival of the potential students from this
new trailer park. He is concerned about this, and listening to thiz evenzng's
discussion, he is wonderzng why Mr. WOOd should be the beneficiary of favors
as a result of a $250,000 contribution. He said he did not understand that,
or why it was even mentioned.
Mr. Lidel indicated that he is a student pilot. He has just s~ar~ed
lessons at the Airport. He parks his plane with the engines pointed toward
the proposed location of the trailer park, and that zs where the pilots rev up
their engines. Th~ plane he uses i~ a quiet plane, but he can imagine a big
jet doing the same thing in that location. He think~ more is owed to the
people and :hildren who will live in this trailer park than to put them in an
environment that is obviously spoiled.
Mr. Lidel said he worked for the GE Fanuc Company, and when a jet plane
took off, all conversation in that building stopped. He added that while
these trailers ~ight be i~sulated, activities will have ~o be stopped out
the trailer park when a jet plane takes off. AS a personal observation, Mr,
Lidel indicated that last weekend, as a student pilot, he made six take-offs
people to replace this housing. She suggested that if this is a 15 year plan,
live in.
July 14, 1993 (Regular Night Meeting)
(Page 21) .,,c~,~-
Second, MT. Johnson noted that Route 2g North, which is strained to l%s
capacity, will.he, unde;r~oimg~ s,sive, reconstruction from four lanes to slx
lanes beginning ne~ katl.' ~?W~'he i~ concerned about the Airport safety
issue. As high density housi6g Of this sort goes in around the Airport, it
represents not only a safety problem, but a problem to the development of tne
Airport. He asked if the ~axpayers a~e willing no supporu moving this enulre
Airpor~ within 10 to 15 years ~o another location. We, as ~ ~axpayer~
certainly hopes that ~his possibility won't even be c~nsidered. La~t, Mr.
Johnson said that concerning roads, Route 743 is inadequate re suppor~ high
density housing of this sort. He thinks it represents a clear and presen~
danger to public safety. He hopes the Board of Supervisors will take his
concerns into sonsideration.
Mr. Kevin Cox said he is confused. He has heard two people say that on
Monday night the School Board redistricted the mobile home park site into the
Broadus Wood school district. Be called the School Board office today and wa~
told that this did not happen, the School Board set a date =o take comments
from the public on the proposed redistricting. ~e thinks the issue of where
~hildren are going to school needs =o be addressed at the School Board
hearing. We noted that the children will be going =o school somewhere in the
County, because they are already residents in the County.
Mr. COX said the staff has pointed out in its report that the County has
lost and/or is :about =o lose 250 lot~ in other mobile tome parks. A represen-
tative of the Piedmont Environmental Council pointed out to the Planning
Co~ission that residential =ons=rucu~on doe=n't bring people into Albemarle
County. It is jobs and opportunities that do this. We stated that the people
are already in the County, and there is a nee~-f~r housing. Maybe this plan
is no= perfect, out he believes the need is so great that some of these
~roblems need to be, not overlooked, but lived wlth and fi~ed as best as
ossible =o ge= this plan underway. There are other sites that would be
Der=er and are zoned already. We do, snOt l~ke this site. Me thinks it has
some ~mperfections, Du= people have go~ to live somewhere.
Mr. Tim Lindstrom, Director of the Piedmont Environmental Council, said
when the Comprehensive Plan amendment wa~ considered last year, the Supervi-
sors struggled with the issue of this lo=a=lon and the whole issue of afford~
able housing. After a great deal of consideration, this Board did support the
comprehensive Plan amendment, and that amendment was extensively negotiated.
The amendment was specifically designed uo ensure =hat a significant numar of
mobile homes would be built before the rather considerable commercial plan was
approved, which was required to be developed according ~ a masu~r plan. The
PEC supports the mobile home park plan because finding a site that has all the
necessary attributes is virtually impossible.
Public/private partnerships for affordable housing, which this Board has
appropriately gotten involved with ~n Crozet, are very complicated and take a
long time uo pu~ together. Available subsidies are getting smaller all the
time. To the Council, this plan seemed =o be the best opportunity tc replace
the rather s~gnificant depletion of this kind of housing ~n Albemarle County.
Also, the site ~s close ~o the biggest employment cen~ers in the County. The
PEC supported the CPA and also supports this proposal.
Mr. Lindstrom said in preparation for this meeting, he looked carefully
at the application and mere carefully a~ the Zoning Ordinance, which governs
the locatio~ of mobile home parks. The ordinance ~s very stringent and very
detailed. There will not be another Rio R6ad or Southwood mobile home park
problem because the current Zoning Ordinan6e will net allow that to happen.
In addition, Mr. Lindstrom ~entioned that he, Reuben Clark and Francis Fife,
wen~ =c Verona =o visit the mobile home park to whi=h M~. Wood alluded. He
said Mr. Wood ~as operated this mobile home park in VerOna for over 20 years.
It is a ~ll-managed park, a~d 1= is a dece~t place uo live, although not the
best place in the world =o live. It is a lot better than most people have a
chance ~or in that income bracket. This gives him some confidence that this
park will be managed in a decent and appropriate fashion.
Mr. Lindstrom said he also examined the proffers~ a~d they have i~proved
dramatically since last night's Commission meeting. Be bel leves county
officials will ge= what they are bargaining for because they will g~t a mobile
ho~e park or the zoning will change to ~A zoning. If the mobile home park is
approved, it will be approved for 15 years. Ai~ of these things were negoti-
ated d~ring the Comprehensive Plan amendment, and h~ thinks they all need to
be taken as par= of a package. Ail of the things that the people have said
tonight ~oint out the reasons why it is very difficult to locate a ~obile~home
park satisfactorily. Be pointed out that this site probably has the least
in~ediate residential developmen~ adjoining it than any slte that is likely ~o
be found, and the type of utilities that are available makes ~L more desir-
able.
Mr. George Dellaganna said he addressed the Planning ConUnissien last
night~ and got an education there. One of uwo things that struck in his ~ind
from last night's civics lesson was that by the time the public hearing ls
held, the decision has already been made. The second thing he lea=ned is that
the Planning Co~ission 1~ very co~cer~ed about what is happening today, but
~s no~ too concerned about what is going to happen 15 years from now. He
wonders what will happen to the 236 familims in the mobile home park 15 years
from now when the zoning changes. Re feels that issue needs to be addressed
now. It seems that this i~ the only option people with a low income will ge=,
July 14, 1993 fRegular Night Meeting)
(Page 22)
and this will be a low-income neighborhood. Fifteen years from now it will
also be the neighborhood from which these families will have to move.
Mr. Dellaganna said the school issue has been addressed, but he has
gotten some figures that should be of interest uo this hoard. From the redis-
tricting material he found that there are currently 104 empty seats at 8roadus
is 109 spats shorn. This [eaves approximately 125 empty seats in the area.
According to the Planning Co~unission, it is estimated that there will be
approximately 81 students in the K-5 ]rades from this mobile home park =o go
into the elementary schools. He does not think that this figure is correct.
He based his numbers on what happened at Forest Lakes where the student
population is approximately one-half student per household. Assuming low
income families have the same number of children as middle income families,
there would be one-half child per household from the mobile home park which
would be closer to 120 or 125 students ~n grades K-5. This number o~ children
will fill all of the emp=y seats that are currently available.
Mr. Dellaganna said he went to the School Board meeting on Monday, and
the School hoard was concerned, after looking a= the Capital Improvemen=s
Program~ as to where the extra seats would be found, he believes the improve-
ment proposed at Woodbrook will add approximately 100 ~eats. The School 8oard
is als6 planning for children from Forest Lakes South uo go to Woodbrook
School. They were not only concerned about the ex=fa students from Forest
Lakes South, but are also worried as ~o how the students from the other
subdivisions planned to be built in that area will be handled, he thinks a
hard look needs to be given as uo how the students will be accommodated ~n the
county schools~
Mr. Truby Kegley remarked that he gave Mr. Cilimberg some p~ctures of
some nlce, well-kep= mobil~ homes in a mobile home park in Western Albemarle
Cognty. If the Supervisors can say the Pledge of Allegiance where it speaks
of liberty and justice, then they need to approve the plan for ute mobile home
park since the low to middle income people in Albemarle county have nowhere to
go. He noted that 250 mobile home sites have deen lost in Albemarle County.
He does not know'where the S700/monbh figure mentioned earlier came from, but
it is false. He live~ in a ~obile home because he chooses uo live in a mobile
home. He could afford to buy a house in Albemarle county, and he owns
property zn Fluvanna County.
Mr. Kegley said that in a decent mobile home with three bedrooms; a heat
pump, and upgraded carpeting and insulation, it might be possible to hear
sound from a plane flying over. he cannot hear Pegasus when ~u flies o=er his
trailer, but he knows people who live in homes across the streeu end they can
hear Pegasus when it flies over their homes. The incomes of some of ~nese
people have to be considered because County offlcials are no~ promoting new
businesses in Albemarle County as they should.
Mr. Kegley thanked Hr. Wood for making this housing opportunity for som~
of the people who are less, fortunate. He reminded the people in the room
that, in his opinion, a person is supposed to love his neighbor, and try
~ome park, but for a lot of people, if they can have =et or 12 years in a
~obile home, =hey can bring ~p their lncome capabilities to geu lnuo a regular
home. He heard one lady state at this meeting that trailers depreciate. He
asked the 8dasd of Supervisors, if trailers depreciate, why hasn't his
appraisal and the taxes on his mobile home done the same thing in the last
four years. There was one mobile home located approximately three trailers
away from where he lives. The owners bOught the mobile home for $21,000.
Three years later hukrim Mobile Home Realtors sold the mobile home for
$24,900. If the trailer is well-kep~, a~d a person takes pride in ~t, ~ can
~eep its value.
Mr. Kegley said that ~ow it is the middle-class people who are going
and Mcdonald's =o ge= into · new mobile home because there has uo be a down
payment~ and the person has to pay rent, It is possible to ge= the financing
Dna decent mobile home, The cosu of his mobile home is approximately
$30,000, with a purchase price of $26~000. The extra cost was due to putting
in a heat pump, upgraded insulation, carpeting and sheetrock and changing the
Windows to triple pane. He said a person ge~s what he pays for, but a perso~
needs to go =oa reputable dealer. It is possible =o ge= a n~ce mobile home
that will last for 20 =o 30 years. He knows of a mobile home in Fluvanna
~County which a man has had for 22 years, and it looks as it did the day it wa~
pu~ ~n the spo~ on private property. It is all ~n the pride of the owner.
Mr. Kegley said there is talk about the other mobile home parks being
mismanaged and that they are an ~yesore. If anyone comes uo the Crozet mobile
~o~ park and looks around, that person will see that it is s well-managed
park. If a person does not abide by the ~ules, that person is gone. He
understands that Mr. Wood is represenn~ng the same type of trailer park, As
far as the planes'flying over the mobile homes, there are few plane ~atalities
around airports~ there is about as much chance of him falling down on a banana
peel and breaking his neck. A person takes a chance at life every morning
when he of she ~ets dun of ded. Everyone's days are numberea, Out onlp God
·nows how many days everyone has. He could b~ killed tonight i~ a car wreck,
or a plane could fall on hi~ driving down the road. He agrees that this is
not the perfect plan as far as putting the mobile homes near the Airpor=,
July 14, 1993 (Regular Nigh~ Meeting)
(Page 23)
some of the less ~ort~t6 ~6~%~f A%bem~rle County need a place to call
home.
Mr Craig VandeCastle stated that he would be speaking for Mr. Willie
Birckhead, a friend of his who is the son of the owner of the proper~y show~
on Tax Ma~ 32, Parcel 46. Be said Mr. Birckhead's concern ~s w~tn Conditiou
Number Nine. which Ls the access condition on the special permit. Be noted
that the Birckheads originally owoed 140 acres. Since 185C, according to Mr.
Vandecastle, the Birckheads have ~ade conveyances to different people which
are found if =ax maps and surveys are exar~ined for the different Birckhead
es=ares and ownerships. Mr. ~andeCastle com~ented ~hat Parcel 46 Ls a ~ong
parcel~ and he noted that the Birckhead's access to Route 60( is across the
Wendell Wood proper=y. Mr. VandeC~stle stated that this has always Peen the
ease, and Mr. Birckhead would like for this access uo be pro=ected,
Mr. Bowerman asked if ~here is a deed of easement involved with this
property. Mr. Vand~Castle replied that he does not have definite information,
M=. St. John informed Board members that nothing they can do will either
enhance or diminish a private right-of-way. Mr. cilimberg explained that the
~ituatio~ =o which Mr. VandeCastle is referring is the reason for Condition
Number Nine and he read the conditlo~ which provides for provisi~n of access
to Tax Map 32, Parcel 46.
Next, Mr. Vandecastle stated that Mr. Birckhead had asked him to make
appropriate cormm~n=s relating =oa discussion with Mr. Sill Fritz where ~t was
indicated that there wer~ some uncertainties as to whether this mobile nome
park could be built. He said Mr, Birckhead wonders why this Board would take
action on this proposal when it appears as though the applicant could provide
more defln~ ~nformation on certain matters before the 8card is called upon
to make its decision. Mr. VandeCastle referred to the Comprehensive Plan
amendment and said the i~te~t is ~o provide affordable housing. It seems the
Board should know for sure that the road can serve the intended development
and that the houses intended to go there will meet Drdinance criteria.
Mr. VandeCastle remarked that t10 feet has beeL me~tio~ed as already
going from the fartheres= point of Mr. Wood's boundary line, and it appears
that this 110 feet canner De altered, but he wondered ~o what the 110 feet
refers. ~f Mr Wood has alternate plans which he believes are ~cceptable, why
aren't those plans here now. Ne noted that Mr. Wood said he feels confident
that the mobile home park will be approved. Why, then, ls h~ askzng the
Supervisors to make a major land use decision without more evidence and with
just his belief that the plan will pass ordinance standards? In some ease~,
setback standards can be waived, but he does not believe that the sound
standards can be waived. The Birckheads are also concerned aDOU~ screening,
and he hopes that there will be adequate vegetative ~cree~zng. The Compre-
hensive Pla~ amenchnent recommendation said that adequane screenzng was to be
provided between industrial and high density residential areas. Parcel 46
a 28-acre parcel which is partially pas=ore and partially woodland and which
is zoned RA. This particular parcel will suffer more than any other from the
loss of the existing vegetative barrier, and he would hope =o see as much of
it retained as possible.
July 14, 1993 (Regular Night Meeting}
(Page 24)
has made people afraid that something had been done before the public had a
chance ~o speak. She hopes the people's voices at this meeting are ]usu as
s~rong as someone who has money.
Mr. Harold Sheeby, an Earlysville resident, stated that he has meen
sitting at this meetlng for approximately three hours, and knows nothing about
this issue, so he is speaking unprepared and without any notes. Me thinks one
point has been missed. He looks at the situation as a great deal for Mr.
Wood. He wonders, however, how good a deal it is for the low-income individu-
al. These individuals need a lot of help, especially in this area. There are
more low-income people in this area than there are in many places of the
country wh~re he has been. This group of people is getting bigger and bigger
because there are no jobs available. That means there is less competition for
the people who are hire low-inc~e people. If there was competition. ~= would
force some employers =o pay more money.
Mr. Sheeby said he does not under~tand how a person can buy a mobile
home for $30,000. In today's market, for $20,000 a person does not ge~ very
much. Where will people get the S20,000 or S30~000 that they need. These
people will have to borrow the money and finance it over 15 years; there is a
15 year deadline on ~his mobile home park. There is even the possibility that
the people will be asked to move from this park after 15 years. After that
time, the mobil~ home will be completely depreciated in mos~ cases, and the~e
people will have invested S70,000 to $80,000 in ~hat home. How will the
people get out of this situation? Mr. Wood, on the other hand, according
Mr, Sheeby, remain~ on very valuable property, which in 15 years, has appreci-
ated. He said Mr. Wood can then turn it over to some other enterprise and
~ain by this. It will be the poor individuals who are going =c put their low
ln~ome money into a mortgage, and have it do nothing for them in the end
except that they will have a mobile home which will ha~e to De moved and pu~
somewhere el~e. This is going to cost more money, and he asked from where
they will ge= this money.
Ms. Reecye Modney spoke agaln. She said that this is just for levity,
but she could probably get $250,000 together, and asked if there ~s something
she ~an do for the County. She mentioned that there was a gentleman earlier
who wanted to put strobe lights on a ,tower, and he was told he couldn't do it.
She asked why. She said that she had asked a question earlier about the
emergency access road. She asked how the Board feels about emergency access
roads that are chained. She said ~hat, again, the Supervisors will ~o~ answer
the q~/estion. She com~ented that Mr. Cilimberg made a statement that the
interior roads will be one ownership for a while unless they are subdivided.
She asked what this means. She added that, again, no one will answer her
question.
Mr. Bowerman explained that he believes MS. Modney is asking whether or
not the road standards are suoh that the trailer park oould develop into a
mobile home subdivision. He said that initially these roads will not be
public roads, but, instead, they will be private roads, and will not be built
=o public standards.
MS. Modney asked i~ the roads will still all be owned by the same
person. Mr. Bowerman res~nded, "yes." He said the roads will be owned by
the same person until such time as that they can be taken over by the public
sector and are dedicated to public use.
Ms. Modney then ~nquired if each of the individual cul-de-sacs could
become public. Mr. Howerman replied that ultimately,,under a scenario of a
mobile home subdivision, that could be the case. He said, though, that the
roads could remain private, It will depend on what ~he applicant wants to do
when he makes that application. He stated that the Planning Co~ission deals
every week with private and publio roads.
Ms. Modney =hen asked what will happen ~o the land after 15 years. Mr,
Howerman answered that the answers to all of these questions are ~n the
Comprehensive Plan. Ne sald that the designations shown in that are industri-
al, and ultimately the area will be for industrial or corm~erciai use. He
added that all of this was discussed last November during review o~ the
comprehensive Plan amendment.
Ms Modney asked why Mr. Bowerman is speaking ~o her in this manner.
Mr. HOwerman responded that he is a little frustrated, and indicated that he
would speak frankly. Articles regarding this matter have been in the newspa-
per eight times, with six of those times being since 1989. There have been
uwo stories ~n the front page, and two editorials over the pas= four years.
It has be~n advertised by the Clerk of this Board eight times, and, ye=, it
being spoken of tonight as though this is the first time that people have
heard of the proposal. He reiterated that it is frustrating to spend money
advertise, because no one pays any attention, until they notice that uhere
could be some personal detriment tothemselves. Then they come forward and
say that they have ~o prior knowledge of the situation. He said the Supervi-
sors spend a lot of time promoting and advertising everything that happens in
the County.
Ms. Modney asked if Mr. Bowerman expects her to come to ~very Board of
Supervisors' meeting. Mr. Bowerman replied that someone from Ms. Modney's
neighborhood association could do that. He said that many neighborhood
associations send representatives =o the Supervisors' meetings. Ms. Modney
July 14, 1993 (Regular 2ight Meeting) ~,-
(Page 25)
answered bhat sh~ does ~no~ h~eighb~rhood association, and that she does
no~ want %o continue this discussion any longer. Mr. Bowerman told Ms. Bodney
he thinks she needs Go speak to the issue and say what is on her mind, as
everyone else has done.
MS, Modney replied that this is what she has done. The plans for the
mobile home park have changed a lot s~nce September. This was originally a
mobile ho~ park on Route 29, and ~he co~ented that there is not anything
else that anyone can do to Rouue 29 to make it any uglier. She didn't care
about the location of this mobile home park before because those children
weren't going to go ~o Broadus Wood. She asked the S~pervisors rd be fair.
She wondered if z= ls possible that the FAA will assume that the County has
done its homework and is willing =o accept all of the liabilities, and that
the County officials will not bother the FAA with this matter unless they a~e
absolutely sure that it is safe. She rema=ked that there was no answer,
again. She asked who sets the criteria for the ~ound abatement.
Mr. Bowerman answered that it is spelled duo specifically in ~he
ordinance, and he suggested that Ms. Modney check with the Planning Office
staff. MS. Modney a~ked if uhe Planning staff developed the ordinance. Mr
Bowerman responded that the Board of Supervisors approved the ordinance. MS.
Modney repeated Mr. Sowerman's statement that the Board of Supervisors
approved the ordinance. She asked who set it up. She asked if it was set up
by MUD. Mr. Bowerman asked Mr. Bain no respond to MS. Modney's questions.
Mr. Bain stated that the ordinance is set up by the appropriate englneer~ng
criteria.
Next, Ms. Modney inquired if it takes the FAA two years to reply if Br.
Wood will have to s=art back at the beginning of the process for approval, er
wilt de ge= automatic approval after the two years. Mr. Bowerman indicated
that Mr. Wood has a site plan which has to be considered next if this applica-
%~on %s approved. That s~=e plan will have to have the FAA's approval
included with it.
Mr. Martin stated that the whole process comes ~n stages. He explained
that different sets of things are approved, and this is the secend =lm~ that
this Board has deal= with this issue. There will be other processes dealing
with the same i~ue, if this application is approved.
Mr. Martin said the reason the Supervisors are being quiet at this po~n=
us because this is a public hearing. This is a ~ituation where the Board is
supposed to listen to what th~ public is saying, even when questions are
asked. He noted that if there were back and forth responses from the Board to
every individual questio~ fro~ Ms, Modney, Or other members of the public, it
would slow dow~ the process. Me told MS. Modney that he feels the individual
Supervisors are taking note of every question that she asks, and then when the
Chairma~ puts this issue before the Board all of the Supervisors will have
the opportunity =o speak to it. Me said that th~ Supervisors will try to
answer those questions, although, the individual memberm might have differing
Ms, Modney stated that she could appreciate what Mr. Martin is saying.
She then amked how many homes would be in Phase One of the project. She also
inquired as no where on the map Phase One is located. She noted that Mr. Tim
Lindstrom had mentioned that the park is close to the biggest employment
center in the area. She wondered what this employment c~n=er us. She wanted
no know if a study has been made to determine how many apartments, duplexes
and rental units exist in Albemarle County currently, and what the price
raDges are. She asked if the Board had ever rejected a proposal because of
highway safety considerations, or if this is Ln the Supervisors' power. She
asked if the Board ~as ever rejected a proposal because of overcrowded
conditions in the schools, and if this is in their Dower. She wondered if the
Board has ever rejected a proposal because of health concerns, and if this is
in their power. Mr. Sowerman replied that the answer is "yes" to all of those
Ms. Modney next stated that curren~ financing of mobile homes, according
=o someone she talked to in Ruckersville, is available at 10 te 11 percent.
She said that most bankers with whom she spoke will not finance mobile hon~s.
She mentioned that, according to the County, iow- to moderate-~ncom~ families
earn between $24,000 and $37,000 a year, depending on how many children are in
the family. She concluded her r~marks by agreeing that Albemarle County is a
wonderful place =e live, and that this is why she lives here. She thinks,
though, that it can easily be made into a place where people won't want to
live.
Mr. Nat Cuttita, from Bedford Mills, remarked ~hat earlier in the y~ar
when a~ article about this request was in the newspaper, he contacted Mr.
Bowerman who responded that this maurer had Oee~ going on for a couple of
months. He added that no~ everyone gets to glance au every article in the
newspaper. While talking =o Mr. Bowerman, he got the feellng that the ma~er
was settled, even though Mr. Bowerman did ~o= actually tell him so.
Mr. Cuttita when he saw the headlines on Monday, it surprised him. Ne
did hear all of =~e re~arks a= =he Commission meeting, but Ms. Huekle remarked
that it is a win/win situation for Mr. Wood, and a lose.llose situation for the
people who are going to be b~ying these mobile homes, as well as the County
because of =a~es, etc. Me explained that mobile homeowners do not pay =axes
July 14, 1993 (Regular Night Meeting)
(Page 26)
such as average p~ople do. His concern is ~hat the commi~saon voted sa×
they'made to the Commission.
Mr. Cuttits said he wenu to the Planniag office today and saw Mr. Ron
anyway, ~ Me told Mr, Keeler he could not believe something like this could
City that ar~ shabby. These lots will be cleared out, and the people will
move into thi~ new area. Me cold Mr. Keeler he does not think these people
places that they can't afford to improve and go =o a new place. He agrees
with Ms. Huckle that-this would be a win/win situation for Mr. Wood and a
lose/lose situation for the poor families, especially because of the 15 year
tame limit. He thinks these families could be saving some of their money for
a down paymen~ on a house. If Mr. Wood was going to be building an ~nexpen-
sire house, then the land the house is on would be importanu, along wath the
If the Supervisors want the people to be happy and to feel as though they have
something affordable, then the people need something that will be on their own
happen,
~he Airport overlay district, the en~lre ownership of this parcel and
designated in the comprehensive Plan for-light industrial and commercial
proper~y was settled at that meeting.
been honest. Mr. Cuttita said he is not knowledgeable about these things.
asked why the Planning office can't have articles in the newspaper when ~here
planning level, He said h~ always thought it was the Supervisors who made the
final decis.ion. Mr, Bowerman emphasized that there were articles in the
newspaper relating to these public hearings, and advertising was done by the
This was publ}c business which was conducted in public
Mr, Cuttita responded that he understands about neighborhood associa-
tions, and the people who live in those neighborhood~ always hear about une
problems that affect them. He believes that when there is a sl=uation which
made more public, It should no= 3usu De advertised in newspaper ~eadlines,
but the Planning office needs =o have some big notice which would show what is
going to happen in that neighborhood. He almost missed this morning's article
The media i's not }esponsible for situations such as this one. The Planning
office ~hould be responsible for making it clear =o the citizens when there is
something that affects a lot of people. He does not expect notification of
e~ery little thing. If someone could get this word to Mr. Keeler, then these
~ypes of situations would not be going on all the time where people are
he would like to clarify it. This money was an the form of a contribution
build a sewer line that his company constructed ou~ to the Airporu. The
July 14, 1993 (Regular Might Meeting)
(Page 27)
Mr. Wood said he has faith the superv~ors can decipher the statements
made. ~e% noted-mahy~misst~t~e~,sw~re made tonight about the cost to live
a mobile home. Be said it ~osts less than $400 a month. Re also mentioned
that he has been in this business for 27 years, a~d as far as depreciation is
concerned mos~ mobile homes resell for more than the original sale price. He
reiterated that this is not a new venture for him and not something he
started, one l~dy mentioned putting 40 units on an acre. He noted that
instead ~f 40 unit~ per acr~, there will only be four un~s. He suggested
that if the people would listen to the fac~s and go see what actually has been
done, the fear that has been brough~ ou~ ~bout the mobile home park DOing an
the Broadu~ Wood School District would not be present. Be said this Board
knows misinformation has been given a~ this meeting. He offered to answer any
question~ that ~he Board wished ~o ask.
At 11:27 p.m., with no one else riming to speak, Mr. Eowerman closed the
public portion of the meeting and placed the spec~at permit application and
the rezoning kssue before ~he Board.
Mr. Martin said the public can call the Board Clerk's Office. as well as
the School Board Cle=k~ and have their names put on ~ne mailing list to get a
copy of all agendas. 8e stated that during the last discussion about this
~atter, it was assumed that the children from the mobile home park would be
going to Hell,cad Elementary because that is the way the district lines were
draw~. Now the lines are being redrawn uo put this a~ea an th~ Sroadus Wood
school district, but there ~s reason ~o believe that by next y~ar, or =we
years from now, the lines may b~ completely different again.
Mr. Martin said this property lies within the Rivanna D~strict. He has
no= heard any comments fro~ anyone in Forest Lakes, Holly~ead or dis own
neighbors in Terrybrook. This is important because of the concerns expressed
with school districting. He said there is capacity in the system. People are
saying that the school system is just getting s~arted with its enrollment, but
in 1988 when he was on the School Board, there was a long range plan drafted.
That plan shows exactly what is expected to happen at Broadus Wood ~lementary
School this y~ar and fo~ the next several years. That long range plan talks
about a new south~r~ school (cale Elementary School), and another ~ew elemen-
tary school (Agnor-Rurt). County officials knew the County was growing. They
have done a good job over the years predicting how much the County will grow
in terms of sbude~ts, if the plan is considered county-wide. That long range
plan ~tarte~ in motion a lot of what is being seen today, such as. the two new
elementary schools, the revamping of MUrray Elementary and renovations at
8roadus Wood.
Mr. MaFtin said the capacity as available kn the school system, ~nless
pmople are moving from outside the County. The students in the County will
have to go to school somewhere, anyway. The problem lies in the fact that the
specific area cannot be determined, so this means that redistricting has ~o
take place e~ery year. This i~ the firBf year since he has been involved with
the School Board or the Boa~d o~ Supervisors that there was no= a redistrict-
ing to move the capacity arDund. Each time redistricting Ls done, ~he people
affected get upset and come to these meetings.
Mr. Martin mentioned that the CIP'iucludes the possibility of building a
new northern elementary school. The Board also discussed last week, building
another high school. When the additional elementary schools were built, it
was known that the children attending those schools would eventually become
middle school age, so in 1988 a new middle school was predicted, as well as
third high school. It is no= as though.all of this has come about without any
warning. All of it has been in the plan, but lines have to be shifted for the
different school districts un order to Keep school populations equalized.
This is what he wanted to say about the issue of where the children in the
mobile home Dark will be going to school. Someone said there was a lot of
politicking going on, and children were moved out of the Hollymead School
district and into the Broadus Wood School district. The simple reason for
this is that Hell,cad ~s over capacity and Broadus Wood is undez capaclty.
That is where the decision rests, and not with any type of politicking behind
the scenes. Mr. Martin said he has not addressed the issue Of the trailer
park; he will do that la,er.
Mr. Bai~ commented that many of the land use concerns expressed by the
citizens tonight are important. Se ~aid the Supervisors deal with these types
of issues every month, and the citazens do no=. ~e mentioned that people an
North Garden did not know about the Comprehensive Plan amendment until he
asked for a decision from them about the changes. The Supervisors have tried
to address the concerns, but the availabiliAy of infrastructure has to be
considered, and the growth which is coming =o ~=his co--unity whether or not it
is desired, has to acco~odated. The Supervisors don't have the power to
July 14, 1993 (Regular Night Meeting)
~page 28)
better job than others of-keeping up with changes. Me said the Henley Middle
School has us~ six er mots trailers for years. Plans are made ~o accommodate
growth as quickly a~ it can be accommodated g~ven the cost and the County's
debt service. None of these are easy issues.
Mr. Bain recalled the discussio~ last fall about the access points
Route 29, which under the current plan, have decreased from 11 to three.
County officials have been trying to do something with that section of Route
29 for approximately ten years, and Little progress has been made. In
response no a comment that a Planning Commissioner made saying safety and _
health are not important, Mr. Bain said he believes safety and health do not
take a back seat ~o anything. The overall picture has to be considered,
accormaodations have to be made, seeds have to be examined, and the greater
needs have ~o be decided upon. Eve=y time the Supervisors take a vote, they
do this, but it doesn't make it an~ less difficult =o make a decision on this
issue. Mr. Bain said he was extremely ~concerned about the lack of ownership
of the lot on which the mobile home will be placed, and this was discussed in
detail. The discussion centered around helping people no buy into the
proper~y and having a piece o~ land on which they could make improvements.
The people will pr6bably improve the proper=y, even if they are renting, if
they know it is for a reasonable time. Such a stipulation is non in this
proposal, but he,would like to go further with this issue. Me believes this
plan does provide for some lower-cost housing tha~ is needed ~n Albemarle
Mr. 0owerman said he ~hinks everyone recognizes that a mobile home park
had for years ~nvolves having utilities available on an appropriate piece of
land ~hat isn't sc overpriced mobile homes cannot be put on it. County
and this is the first time a piece of land with readily accessible utilities,
process. The Zoning Ordinance was amended six or seven y~ars ago ~n anticipa-
tion of a projecn such as =his one. The mobile home park is non without
Mr. Bowerman said ~han approximately ll or 12 years ago he was a member
=o the County and said he wanted to create a co--unity of moderately priced
ky ,$90,000. There were problems with that proposal, but 1= was approved, and
now there are 200+ families living in the subdivision.
Mr. Bowerman said he will non apologize for the planning that is done
for the County because he thinks County officials do as good a job of planning
for this County as anywhere in the country. There is a 20-year plan and a
best educated judgment possible abouh the future. The County has a 20-year
transportation plan to deal with khis community's transporta~xon problems
through the year 2015. The County has a 10-year, long range plan for the
won't put up with it. He said the need is created, and then lmprovemenus are
put at 8roadus Wood, Holl~e~d and Woodbrook, until a school such as Agnor-
Hurt Ks built.
con=xnue. County officials will plan for this growth as Oest they can, and
differences of opinion about some of the facns. He emphasized that the
activitie~ that take place. This is why he talked about neighborhood associa-
public what is affecting them today and not affecting them tomorrow, when
officials do the best job they can do, and he thinks that they do a good job.
asked what the build-out period will be for this mobile home park, or the
July 14, 1993 (Regular Night Meeting; ~
(Page 29)
yearly need for mobite,~homes ~.~his county. 'Mr. Wood responded that the 236
unit build-out would occur w~hzn three years.
Mr. Perkin~ said he believes Mr. Wood said the plan is not exactly what
he wanted, and ft is not what he (Mr. Perkins) envisioned when the Comprehen-
sive Plan was changed. Mr. Perkins said he does not believe the traffic that
ts going to be generated should be handled by Route 606. but one of the
tions is that Mr. Wood will have to come back to this Roard before he ca~ get
access to Route 29. Be thinks one of the conditions should indicate that the
project should have access to Route 29 now, as well as Route 606, however, he
thinks the primary access should be from Route 29. He asked the reasonin~
behind ~m/tting the traffic on Route 606 when ft has ~o tra~et Route 743 ~o
come ~o ~harlottesville, or ~t has to go ou~ by the Airport, which is probably
the most dangerous intersectio~ in the County, ~o ge~ ho Route 29. Mr.
Perkins 'said hs thought when the discussion relating ~o affordable housing
took place, that the access to Route 29 was one of the things that Hr. Wood
was using ~o get this Board's ~pproval. Mr. Wood replied that he has no
objection to the trailer park accessing Route 29.
Mr. Bowerman said that [s no~ the £ssue. The issue relates ~o the fact
that if the~e is to be access on Route 29 there has ~o be a north and south
access. This has to be done with a crossover, and the Highway Department
eliminating crossovers. He reiterated that the Highway Department is
go~ng ~o approve a crossover, and this Board has to work with the facts.
Mr. Perkins argued that there has to be a crossover some=~me for the
three proposed accesses ~o Route 29. Mr. Bowerman agreed that this is
correct, a= some poiQt, if Mr. Wood wants to have further development. Re
said, however, that the crossover will have to be au a different location.
Mr. Perkins said again that he thinks Route 29 should be accessed now.
He stated that what Mr. Wood is proposing au this time is certainly a develop-
~nt. Mr. Cilimberg commented that Mr. Perkins is exactly right, and that Mr.
Wood has indicated the entrance which will have access to Route 29. One of
the reasons for the delay of this access, however, ~s that VDOT officials are
~ust as concerned about creating a crossover as Mr. Bowerman pointed out He
said this ~s a situation where Route 29 is taking on a whole different
character tn the eyes of State and Federal officials. Route 29 has been
designated a National Highway SyStem road, with limited access, for the
future. The difficulty lies ~n gettlng positive feedback from%~oT officials,
and they have been very negative about making this connection to Route 29.
asked about the possibility of having an R-10 designatlon. Mr. Bowerman
responded that the property is going ~o be used for ~ommercial/industrial.
The Comprehensive Plan does not saow any ~ype of residential other than this
proper=y for the mobile ~ome park could indicat~ that the proper~y would be
July 14, 1993 (Regular Night Meeting)
(Page 30)
by the applicant, and he would have to agree to it. Mr. Bain recalled that~on
Page Three of the Comprehenslve Plan amendmen=, the language indicated that
there would be a mlnlmum of 15 years for the use of the property. Mrs.
Bumphris asked ~oard members to share their thoughts with her on this ma~uer.
Mr, Martin said he would like to hear what the applicant has to say
about it. We 'asked Mr. Bain if he is concerned about the Comprehensive Plan
amendment languaqe Lndicating a 15~year ~lme limit. Mr. Bain replied "no.'*
He was just pointing out where the 15-year time limit came from, and he
reiterated that the language indicates a minimum 15-year tame limit. Mr.
Bowerman explained that the Board wanted a 15-year time limit on the plan so
there would be a significant period of time the mobile homes could be occupied
on this property.
Mr. Marshall commented that the time limit keeps increasing. He thinks
the time limit should be kept a= 15 years. He said he has listened to more
untruths tonight than at any meeting he has ever attended. He said he flew
in=6 Charlottesville-yesterday from Orlando. When he left the Orlando
Airpor~ it was ~ard to see where the runway ended and the houses ~tarted.
observed the same thing when he landed in Charlotte, North Carolina When he
go= =o Charlottesville, he saw a lot of trees There is no congestion around
the Charlottesville-Albemarle Airport. He suggested that if people want
see congestion, they should go to some of the other cities.
Mr. Marshall mentioned cost. ~e asked how many people know, the average
price of a lot in Albemarle County. He pointed out that the cos= of a lot
Albemarle County is more than one of these trailers cost. Be then inquired as
~o the interest on $30,000 for 15 years. Be ~t~ted that people are always
talking about affordable housing, but he wondered where sheaper housing than
$400/month can be found. Re has a lot of rental property an Charlottesville,
and he has nothing that rents for less than $600. Be said a person cannot
find a home t~ rent in Albemarle County for anywhere near what it costs to buy
a trailer. He asked i~ it ~s better to rent property at $600 a month or buy a
trailer for $400 a month. Re asked the Board to think aDout Lt. He said that
Che way the trailers are bullt today, they are better than his house. He
recalled that when ~his matter was discussed before, a gentleman pointed out
that a house would not last very long if it was put on a trailer and driven
down the road. We said that people ~alk about affordable housing and traffic.
He has lived in Albemarle County all of his life, and he remembers, as a
child, that if a person wa~ hitchhiking to Charlottesville on Route 20 South,
that person might not ever ]ena ride. He added that today 8000 cars in by
his driveway in eight hour~ time. He said that it ks a fact of life that the
County Ks growing, and if the braffic is not coming from his district,
coming from Buckingham County.
Mr. Marshall said th~ County ~s changing, and the Supervisors have to
change with it. Most of the people who came to thi~ mss=lng have lived
somewhere else. Re is concerned that there are people who were born and
raised in this county who don't have an education, and they do no= have a
decent place to live, and they don't have a decent place to work, He comment-
ed that he ran for this office for two reasons, affordable housing and decent
jobs for the County citizens. We added that he was going co stick by these
reasons. He asked the other Supervisors un approve this application.
Mrs. Humphris stated that she has a lot of questions that she still
~eeds =o ask. She asked Mr. Wood if he would glve any consideration to a time
limit of 15 years after build-out, and if he plans to complete the build-out
in thr~e years so that the latecomers could have a 15 year opportunity. Mr.
Wood told Mrs. Bumphris that he will consider this, but he wen= on =o remind
her that the rims limit was negotlated by a committee. Mr. Bowerman said that
this committee was not official, and the committee was formed because of
concerns raised by the public. Mr. Wood stated that if he has to negotiate
again, he will do so, but he negotiated in good faith with that committee. He
and the committee came up with these solutions, and he would like to honor
them.
Mrs. Humphris asked what is ~nvolved with Phase One. Mr. Wood replied
that the first proposal showed the mobile home park further south, and staff
wanted ~t to be placed more to the north. He said the mobile home park plan
has now been moved ~o the ~orth, and the first phase will be the ~orthern
portion.
MrS. Humphris inquired if the flrst phase would be ~orth of the spine
road. Mr. Cilimberg and Mr. Wood responded that the first phase would be
north of the entrance road.
Mrs. Humphris said one of the things brought =o her a=tentlon today that
· eems to be a major problem in mobile home park~, and even affects the mobile
home park in Verona, is the lack of outdoor storage. She wondered if it is
possible to have some provision on the site so that peopl~ would have some-
where for outdoor storage. She said the outbuildings that people put around
their nrailers become a problem.
Mr. Bowerman said this situation ls covered with specific requirements
in the Zoning ordinance. Ms. Amelia Patterson, Zoning Administrator, respond-
ed that this was seen as one of the issues with mobile ho~e parks because
there is a lot of clutter. She Said the Zoning Ordinance speaks un this issue
specifically, and it indicates that an outdoor living area shall be provided
July 1~, 1993 (Regular hight Meeting)
(Page 31) ~
for each mobile home ~ot~ It has to be at least I00 square feet, and it has
~o be hard surfaced,' In add~i~, there is some language which speaks to
providing an area for recreational vehicles to be stored, which m~ght be
~ecessary beyond the limits of the lot. She noted that the language in ~ne
Zoning Ordinance al~o addresses storage sheds.
Mrs. Humphris inquired as to whether s~orage sheds are allowed. Mr.
~ili/~berg read from the Zoning Ordinance that, "An outdoor living area shall
be provided On each mobile home lot, At least one hundred square ~eet shall
be hard surfaced. Storage buildings no= to exceed one hundred fifty square
feet in aggregate shall be permitted in a designated area on each lot.
Additional storage facilities may be provided ~n co~mon areas."
Mrs. Mumphris emphasized ~that the existence of these outdoor storage
buildings is one of the major detractors from a mobile home park. she
wondered if there could be a provision, even if the area had to be rented, for
m=o=&ge ameas away from the individual home sites Mr. Wood replied, "no."
Me wen~ o~ to say that the trailer park in Verona has the same regulations a~
Briarwood relating to outdoor s=orage buildings. Upon approval, m designated
structure will be allowed. A person canno~ put up a canvas bag, It has to be
a shed, and most people who have these structures use them for Lawn mowers and
bicycles~ etc. Me has to provide a path if a person desires =o build a shed.
He ~aid th~ ~eople in Briarwood are allowed to have a shed On their proper=y,
and he pointed :out that the lots in Briarwood are 30 percent smaller than the
proposed mobile home lots.
Mrs, Bumphris asked if this separate s~orage building could be put off
site fro~ the mobile home lots. Mr. Wood said~chere are several s~ch rental
places :in the Route 29 area now, Be is not ~ure how such a plan would be
accepted by the mobile home families.
Mrs. Humphris said since none of the other Supervlsors seem ~o be
interested in a ~eDara=e ~=orage building, the best she oat do ls sug~es~ tha~
Mr. Wood consider this during site plan review. The buildings of all differ-
ent designs and materials are a problem and are a detracting factor in any
mobile home park. She thinks a separate building ~s worth eonsidering~ and
since Mr. Wood ~s an entrepreneur, it might even be income producing.
Mrs. Mumphri~ said the Board ha~ delved deeply for s long period Of time
knto the need for affordable housing in this community. When the public
missed all of those discussions, in addition to all of the other things that.
have been discussed and planned, it is hard for the people to ~nderstand how
the Supervisors welgh and measure the positives and negatives of a situation.
If this group of people did not hear the other people before this Board
telling of the need for affordable ho~si~g, they cannou ~nderstand how deep
and broad those needs are She thinks the people au this meeting tonight will
have to trust the Board and the Commission in their decision-making because
the Supervisors have been d~aling with some of these problems for a long time.
It is a very difficult balancing situation. She added that nobody wants to
deliberately put somebody ~ an airport approach zone, Put it may be the only
place available at this tame.
Mrs. Bumphris told the group that what it doesn't know is how long the
Supervisors have been searchzng for a place where people could have affordable
ho~sing where there are utilitzes available. She thinks the best thing to
come out of this situation ~s that the public is aware of ius responsibility
to participate in the Comprehens{ve Plan review process when ~u starts this
Fall. If the citizens had understood about the Comprehensive Plan amendment
discussed in August, september and October of 1992, she feels they would have
participated and would have followed and been a_part of the process. Just
because some of the citizens ~issed Out on that process, she hopes they won't
miss out on Lt again. It is the public tha~ tells the Supervisor~ what it
wan=s, and that is the framework within which the Supervisors harm to operate
no do the balancing. She tells everyone who calls her that it is no~ a
question of whether the Counny ~s going to grow or no=, ~ut it is how it will
be done. She hopes the citizens will continue to tell the Supervisors how
they want it done, She, certainly, wants ~o make sure alt children in
Albemarle County hav~ a fine education, that the ~oads are safe and that the
people who~ live in the mobile home park are safe. She concluded by saying
that it is simply no% easy =o do mll of that.
Motion was offered by Mr. Martin, ~econded by Mr. Marshall, =o approve
ZMA-92-14, with the three proffers ~rom the Planning Co~nission replacing No.
1 with the language in a l~tte~ dated July 14 1993, from W. Thomas Muncaster.
Jr., addressed to William s. Fritz, Senior Planner all as follow~:
1. The mobile home park is proffered for a period of no= less
than fifteen years from the start of developmen~ ~n accor-
dance with the Comprehensive Plan. During that period of
time, the property shall no~ b~ available to any other R-15,
Residential uses excep= nothing contained herein shall
prohibit the Zoning Administrator from authorizin9 uses
deemed accessory and subordinate to the mobile home park.
I~ the even~ the Conditions of sP~93~13 are not met, or at
the time of expiration of SP-93-13 ~n accordance with Sec-
tion 31.2.4.4 of the Zoning Ordinance, the applicant shall
permit the property to he rezo~ed to RA, Rural Areas, by the
Board of Supervisors and thereafter the property shall enjoy
July 14, 1993 (Regular Night Meeting)
(Page 32)
all RA uses. For the-purposes of this proffer, the term
"start of development" is defined as the date of issuance of
the first mobile home building ~rmit. Nothing herein shall
prohibit the Board of Bupervisors from granting an extensio~
of the expiration date of BP-93-13 ~n accordance with Bec-
tion 31.2.4.4 of the Zoning Ordinance.
2. The frontage of Route 29 containing Tax Map 32, Parcels 43A.
43, 42E, 42D, 4ZB, 42C, 42A and Tax Map 46, Parcel 5, shall
contain no~ more than three entrances. The county may
require closure of any existing entrances a= the time of
es=ablishment of any new entrance such that the total nu~er
of entrances does not exceed three.
3. An access road between the mobile home sales area and mobile
home park shall be developed at the time of establisl~ment of
uhe mobiie ~ome sales use. This access road shall be used
only for the movement of mobile homes between the ~wo uses
and for emergency access.
Roll was called on the foregoing motion and same passed by the following
recorded vote:
AYES: Mr. Bain, Mr. Howerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
NAYS= None.
Motion was the~ offered by Mr. Martin, seconded by Mr. Marshall, =o
approve SP-92-13 with the nine conditions recommended by the Planning co,mis-
Referring back =o his original question, Mr. Perkins asked how the
Nighway Department can deny Mr. Wood access. Mr. Cilimberg responded that he
LS not sure if VDoT officials have indicated that there will be a denial of
access to Route 29.
Mr. Perkins stated that Mr. Wood has three accesses =o Route 29. Mr.
Cilimberg agreed. Ne said that VDoT officials would not necessarily be
denying Mr. Wood any of the three accesses.
Mr. Perkins responded that he feels this Ks the key. Even if VDoT
officials won't let Mr. Wood build crossovers, it doesn't prevent someone from
making a U-turn and coming back =o c~e of the accesses. Be thinks the
accesses are needed so tha~ Route 29 can be accessed from this mobile home
~ark. ~r. Cili~foerg stated that VDoT officials' conu~en=s regarding access =o
Route 29 have all been negative up to this ~oint. There was no review of any
access VDoT officials thought would work. Ne is no= saying, however, that it
won't work. Mr. Perkins remarked that as bad as Route 29 is, it is still more
capable of handling bhat traffic than Route 606.
Mrs. Humphris called attention to Condition ~u~er #3 which provides for
· =aff approval of all mobile home units proposed for location =o ensure
compliance with the acoustical performance ~tandards. She asked how this will
be accomplished, bit. Cilimberg replied that the Building Inspections Depart-
ment has already issued two approaches =o be used by the applicant to satisfy
that section of the ordinance. Ne said when a building permit is applied for~
one or both of these approaches will be satisfied.
Mrs. Humphris asked if the mechanics of satisfying these requirements
involves paperwork or other action. NS, Patterson answered that paperwork
will b~ involved in that the County, as in many other cases, will be accepting
certification done by an outside party.
~rs. Numphris asked if this certificabion will come from the builder of
the mobile home, Ms. Patterson responded that the builder of the mobile homes
or a certified engineer will be responsible for the certification.
Mr. Bain commented that he thinks the acoustical certification is key to
the issue, and he thinks staff will see that the certification requirements
will be me=. Mr. Bowerman agreed. Ne is no= as concerned about ~he new homes
that Mr. Wood will be selling as he is about the ones that have already been
manufactured, and the way that there will be control over the requirements for
those mobile homes. Mr. Wood told the Supervisors that there will be some
mobile homes in the sales lot which will not meen the acoustical requirements
Mr. Bowerman said that the mobile homes which do not meet these require-
men=s will no= be able to locate in this mobile home park. Mr. Wood con-
Mr. Perklns asked if two access points are needed i~ there are over 50
units located in an area. Mr. Cilimberg answered, "yes." He wenu on ~o say
that a divided entrance is provided, as it ~s at The Highlands a= Mechum,
which will pro=ide for access =o one par= of the area. He said there is also
the connection to the sales center, which can be used as an emergency access
~o Route 606.
July 14, 1993 (Regular Night Meeting)
(Page 33) ~
At this time, ~oll was called and the motion carried by the following
(NOtel ~he ~onditio~s of approval are set out in full below.)
2. Planning Commission approval of final site plan;
3. Staff approval of ali mobile home-units proposed for loca-
tiQn within the mobile home park to ensure compliance with
bility of the property owner in accord with Section 4.16.-
3.2;
led "WDF" dated 7/8/93;
Agenda Item NO. 14. ZMA-93-06. United Land Corporation. Public
Hearing ko rezone 7.9 acs from RA to HC (Proffered) located on W sd of Rt 29
approx 600 ft S of Timberwood Blvd. Site is located in a designated growth
area (community of Hollymead) & is recommended for regional service in the
Comprehensive Plan, TM32.Ps43&43A. The following additional parcels are
affected by the proposed road network: TM3~Ps42A,42B,42C,42D,42E,44.45 &
T~46,P5 to remain zoned Rural Areas with proffers. Rivanna Dist. ~Advertised
in the Daily Progress on June 29 and July 6, 1993).
Agenda Item No. 15. S~-93~14. United Land Corporan~on. Public Hearing
no establish outdoor s~orage & display & sales of motile ~omes on 7.9 ac zoned
RA & EC (See ZMA-93-06 above). Property on W sd of Rt 29 approx 600 ft S of
Timberwood Blvd. TM3~,PS43&43A. Rivanna Dist. {Advertised in the Daily
Progress on June 29 and July 6, 1993.)
Mr. Cilimberg summarized the staff repor~ which is on 6ile in the
Clerk's Office. He ~aid the Planning ~ommission, a~ ~=s meshing on July 13,
1993, by a vo=e of 4/3 recommended approval of the petitions, ZMA-93-06 being
subject to the following proffers:
1. The mobile home sales lot use will be ~imited to mobile home
sale~ and existing grocery store and gasoline sales
2. The mobile home sales lot entrance will be closed or altered
if required by the future plan of development for the re-
maining area designated office and regional service in the
Comprehensive Plan.
~hm frontage on Route 29 containing Ta~ Map 32~ Parcels 43A,
43, 42E, 42D, 42B, 42C, 4gA and Tax Map 46, Parcel 5, shall
contain not more than three entrances. The County may
require closure of any existing entrances a~ the time of
es=ablishment of any new entrances such that the total
4. The site plan for the mobile home sales lot will no= be
s~gned until the site plan for a minimum o~ 100 mobile home
units ls signed.
9. An access road between the mobile home sales area and mobile
home park shall be developed at the time o~ establishment of
the mobile home zales use. This access road shall be used
o~ly for th~ movement o~ mobile homes between the ~wo ~ses
July 14, 1993 (Regular Night Meeting)
(Page 34)
Mr. Cilimberg said no conditions are nec~sa~ for the special permit~
but it will be subjec= =o a certificate of appropriateness from the Architec-
tural Review Board during the site development plan process. Of the Planning
Co~ission's 4/3 vo=e, the three people giving negative votes cited two
things. One was the general impact on the ent'rance corridor. The second
related =o this property act being developed as part of a consolidated plan
for all of the co~ercial areas.
The public hearing was opened at 12:22 a.m.
Mr. Wood said these two pe=itions have =o do with the mobile home park.
Be does not think there is a problem with the sound requirements for the new
homes. If he has to meet the requiremen=s co honor his commitment this means
he has to co, it to having these homes specially built with the extra acousti-
cal requirements built ~nto them. In order to do tha=, he needs a sales
location. Me has the p~operty and nothing else can be located there since he
proffered tha~ this proper=y could no~ be used for anything but a sales
location.
Mr. Bowerman asked if when this use is no longer economioai Mr. wood
would reques= another zoning for another use. Mr. Wood replied, "absolutely.
Be added that this would not be an economical use of that land when the whole
50 acres is developed.
Mr. Bain asked the actual zoning on the proper~y along Route 29. Mr.
Cili~erg answere~ that there is commercial zoning to the north of this
proper=y. The property south to the river on that side of Route 29 is zoned
Mr. Wood indicated that currently Maupin's Store and the Chevron Station
are 9~ this property, so it is being operated as~ commercial proper~y now. He
said that these businesses would remain on the property.
Mr. Mart~n asked what kind of s~=e work }tr. Wood £s anticipating. Mr.
Wood replied that the plan he submitted =o the ARB shows very little grading
on the property. The ARB believe~ that the plan can be accomplished.
Mrs. Mumphris asked Mr. Wood to comment on his remark that he did not
feel he should have =o renegotiate the issue relating uo the 15 year time
limit f=om the end of build-out, She said Mr. Wood is asking the Supervisors
~o reconsider whether or no~ to honor the agreemen~ that this area would no~
be developed except with a Master Plan in place. She asked why he thinks he
should no= have to renegotiate the build-out issu6, but the Supervisors should
be willing =o renegotiate the development of the area in question.
Mr. Marshall said he thinks it will bs difficult =o find trailers that
meet the criteria which has been se= forth if there LS not someone ~ike Mr.
Wood selling them. Mrs. Mumphr~s responded that if somebody is willing to pay
for the trailers, someone will be willing to sell them.
Mr. Tim Lindstrom commented that the Comprehensive Plan amendment was a
=wo-par= item. Taking all of the 50 acres on Route 29 zoned as RA and making
it commercial is a significant move. It was done =o ensure that there was
enough economic incentive ~or the applicant to go ahead with the mobile home
park. The second par= was the reduction in the number of entrances from
eleven to three, which i~ secured by a proffer, a~d the assurance that this
comn~rcial developmen~ would only occur according =o the Master Plan.
Mr. Lindstrom remarked that Mr. Wood has made a good point, and he, Mr.
Lindstrom, has no objection if the special permit limits this to mobile homes
specifically designed to be used because of the Airport impact problem. The
PEC opposes this because the staff has said it does not have s problem with
thi~ deviation from the plan because this request is directly related to the
mobile home park. If what has been described is an addition to the special
per, it, he thinks it clearly wou~d be directly and uniquely related to the
mobile home park. Me noted that any little shopping cen=er or any other
co~ercial endeavor on this proper~y which would serve the mobile home park is
jus= as directly related to it as the mobile home sales office. Anybody oan
buy mobile homes at this mobile ~o~e sales sl=e, and the people who are golng
=o live in the mobile home park can buy their mobile home any place they want
and put it ~n the park. He is no= ~ure if this is a legal precedent, but ~=
weakens the County's case in the f~=ure if someone wan=s ~o pu= in a neigh-
borhood shopping center because the people in the trailer park Deed it. Me
said tha=, then, the whole thing begins to dissolve. We thinks kt is impor-
tant that =he Master Plan not be used. He emphasized that this ~s why PEC is
Mr. Truby Kegley stated that Mr. Wood needs some way =o control the
quality of the mobile homes that go xn his park. He said that a person can
buy a mobile home for as little as $12,000, Dut you get what you pay for, He
said if Mr. Wood sells the mobile homes on the property, he can abide by the
County ordinance as far as sound specifications are concerned, and he can have
quality control of what goes into the mobile homes. He said Mr. Wood can make
it more of an~upgraded, presentable park, and it would be something that
people would want to ride through and see.
Mr. St. John co~ented that he is act an exper= in this matter, but in
the Code of Virginia there is the Mobile Moms Park Act. This Act specifically
July 14, 1993 (Regular Night Meeting)
Mr. Wood responded that there are Jules relating to retired people and limits
on children. Me pointed out that his mobile home park will have an additional
Mr. St. John remarked that he is not advocating one way or the other.
that there are a lot of te~s with which to comply.
done this. Mr. Wood said he is willing to make thi~ proffer in te~inology
the proffer which states that, "Mobile home sales lot use will be limited to
mobile home sales and 'existing grocery store and gasoline sales."
proffer that all of the mobile homes sold there will only go into his park.
Fmc. Wood agreed with Mr. St. Jehn. Me said h~ canno~ make such a
proffer, He was r~ferring ~o Mr. Lindsbrom's remarks concernzng piecemeal
developmenu. He will proffer whatever t~rmino{ogy it takes that ther~ will
park. He reiterated that he thinks he has already done this, but if someone
thinks that he has no~ and has better wording, he is willing =o accept that.
Mr. 8owerman commented that he thinks the request for this deviation is
reasonable In consideration of the use related to the mobile home park, He
asked if identifying this Board's intent to recognzze that the only deviation
relates to mobile home sales is sufficient bo deal with the concern that was
raised. Mr. Marshall asked if ~ is possible ~o expand on the firsn proffer.
Mr. Bowerman said that does no= speak to the issue to which Mr. Lindstror
referred. Mr. Marshall responded that wording could be added ¢o the first
proffer if there is a concern. He said that the words "and no other future
Mr. Bain remarked that this issue was considered last Fall. and the
8oard deoided on certain things. Now staf~ zs indicanlng that there is a
deviation because thi~ reques~ is directly related to the mobile home park,
this ~akes it out o~ the overall plan's req~rement. He is not sure, however,
Lf he agrees with the staff on ntis matter.
Mr. Martin suggested that wording De added to Proffer Number One which
would state that, "these mobile homes are allowed only to facilitate the
trailer park." Mrs. Htu~phris disagreed. She said that this does no~ cure the
problem.
Mr~ Wood suggested that he proffer non =o come before this Board with
any other requesns for this proper=y.
Mr. Bowerman then ~poke directly to Mr. Lindstrom. Me said this is a
deviation, but he wondered if the Su~rvisors found this uo be in keeping with
the spirit of their prior action, if this would be sufficient to alleviate Mr.
is to decide whether Mr. Wood, Or anyone else who buys a parn or all of the 50
acres, can come back ~= any tim~ and ask for some other part of that property
to be rezoned. The first thing that will be noticed is the deviation from the
Comprehensive Plan. The special permit could have a condition which would
st~=e, "if ~ecessary =o provide homes meeting the Airport noise standards,
there have to be special manufactured units." He does not disagree with Mr.
Wood at all. because Mr. Wood should be able to sell the mobile homes there
and no= have =o worry about who is going to sell them and how it will be done.
We understands what Mr. St. Joh~ zs saying because anybody else should De able
to buy the mobile homes. Ne said the ~esidents of ~he mobile ho~e park can
dards. If Mr. Wood has ~o go out and ~pec~ically have thes~ homes built so
that he can ge= this park ~ operation, be should be able to use this s~les
office on the proper~y. Be thinks that if a condition of the special permit
specifically spoke to tha~, then there would be something that is clearly and
directly related tc facilitating this park. Be honestly cannot tell the
Supervisors that simply having a mobile home sales lot is directly related to
facilitating this park, because it witlfacilitate anybody who wants to buy a
mobile home anywhere. He thinks it is imporuan= for the supervisors ~o
Mr. Bowerman said Oakwood Mobile Homes could provide the same unique
July 14, 1993 ~Regular Night Meeting)
(Page 361
Mr. St. John remarked that there coul~ be a condition which indicated
that no other business would be permitted on this property, ~xcep~ as part of
a plan of development.
Mr Martin suggested that a condition state that the mobile home sales
lot will not have any trailers on it that do ~o= meet the standards required
uo go into that particular trailer park. Mr. Bowerman explained that Nr. Wood
is not asking for ~hat because he could sell other trailers to people who will
no~ be living there. Mr. Martin regponded that if it ls limited =o the fact
that the only plae~ the~t~ailers ca~ be sold ~s o~ his own tot, that is
illegal, but Mr, Wood could be permitted to carry an inventory of trailers
that is needed. Mr. Lindstrom said a condition could be placed on the permit
indicating that "the sale~ lot shall be used to provide trailers that meet the
Mr. Wood from sellin~ other mobile homes.
indicate that mobile homes will be offered for sale which meet the nois~
Mrs, Humphris stated that she does not think this u~e will do anything
a~ ~11 to enhance the entrance corridor, and she thinks that the Supervisors
should adhere to the original agreement that nothing like this would happen
u~til 100 units were already in place~ and there was a Ma~ter Plan for the
Mr. Marshal] called Mrs. Humphris' attention to Proffer Number Four. Be
said that this proffer relates to Mrs, Humphris comments. Mrs. Humphris
disagreed. She stated that the fourth proffer only says that the site plan
for the mobilm home sales lot will no= be ~igned until the site plan for a
minimum of 100 mobile home units is signed. Mr. Cilimberg explained that the
fourth proffer was to ensure that the park and the mobile ho~e sales lot were
being developed together.
Mrs. Humphris recalled that the stipulation to which she referred was
that at leazt 100 mobile homes would be in ~lace. Mr. Bain responded ~o Mrs.
said he thinks the proffer is trying =o ensure that there will be 100 homes in
place. Mr. Cili~erg read from the comprehensive Plan and stated that
according =o the Comprehensive Plan~ uhere has ~o be a m~nimum of 100 mobile
ho~e sites developed b~fore developing a commercial area, and that it should
be developed under an overall plan of develop~nt.
Roll was called on the foregoing motion which carried by the following
July 14, 1993 (Regular Night Meeting)
(Page 37)
AYES: Messrs. Bowerman, Marshall Martin and Perkins.
NAYS= Mr. Bain and Mrs. Mump~sl
Motion was offered by Mr. Martin, seconded by Mr. Marshall. to approve
SP-93-14 with a condition reading: "The [nventory shall ~nciude mobile home~
which mee= the noise a==enuation standards on ZMA-92-14."
Mr. Wood emphasized that not all of the mobile homes would meet these
standards. Mr. Bowerman agreed that not all of the mobile hones on the sales
[ct would have no meet the noise standards, but Mr. Wood would have to have
some invennory of mobile homes that would meet these standards.
Roll was called and the motion carried by the following recorded vote:
AYES: Messrs. Bowerman, Marshall, Martin and Perkins.
NAYS: Mr. Bain and Mrs. Humphris.
Agenda Item No. 16. Discussion: Highway Revenue Sharing Projects
Ideferre~ from July 7, 1993).
Mr, Tucker said this item was deferred t~ this meeting so s~aff could
speak with VDOT officials. 9DOT officials have changed their whole attitude
in dealing with revenue sharing funds, they are much more flexible. The
County does not have to actually appropriate the matching funds until the
funds are needed. If a project is not in the County's Bix-Year Plan, the
County can still use revenue sharing money. The real key ~o the situation is
that projects can be ~ubstituted in thm revenue sharing plan four times a year
- october, January, April and July.
Mr, Tucker said the only issue relates to funding. The staff'm first
Agenda Item No. 17. Approval of Minutes: April 1, April S and
October 14, 1992; and February 17, 1993.
Mr Bowe~an reported that he had read the entire set of minutes for
October 14, 1992, and given the Clerk a list of typographical errors to
correct. Otherwise the mlnu~es were in good order.
by the followin9 recorded vote:
Agenda Item No. 18. Other Matters Not Listed on the Agenda from the
Board.
Mr. Perkins requested the Board zo endorse having staff speed up the
public hearing process for a special use perm,= application from the Alben~arle
County Fair which is to be filed in the near future. It was the consensus
that it would be okay, particularly since Mr. Cilimberg said there was ~o way
to speed up the process for the Planning commission. The speed up would take
place between the Planning Co~mmission hearing and the Board of Supervisors'
meeting. Mr. Sain did no= agree at all with this idea.
Mr. Bain asked about a co~ittee recoram~nded by Citizens for Albemarle
which would determine who in this county is unemployed and who is underem-
ployed. ~r. Bowerman ~aid he had spoken to r~presentatives at the Chamber of
con, heros about private sources of funding for some of this study. He suggest-
ed the Board discuss the idea on August 4, 1993.
November !5,
Page 7)
5.0
5.1.3
10.0
10.2.1
10.2.1.20
10.2.2
10.2.2.16
1995 {Regular Nlgnn Mee~ln}
Stable, Commercial: A building, group of buildings, or
use of land, or any combination thereof, where, for
compensation, whether moneEary or goods, provision ms
made for horses or ponmes for nzre or instruculon in
riding.
SUPPLEMENTARY REGULATIONS
COMMERCIAL STABIE
a. Riding rings and other riding surfaces shall be
covered and maintained with a material uo mini-
mlze dust anc erosion;
b. Fencing and other means of animal confinement
shall be maintained aE al/ uimes.
RURAL AREAS DISTRICT, RA
BY RIGHT
Commercial stable reference 5.1.3 .
BY SPECIAL USE PEP~MIT
(Repealed 11-15-95
Agenda Item No. 8. ZMA-95-17. Wendell Wood. Public Hearing on a
reques5 ~o amend proffers of ZMA-93-06 no allow essablishment of outdoor
ssorage and display of autos on 11.3 ac zoned HC & EC. Located on W sd of Rt
29 Near Timberwood Blvd: is location Df Maupln Store. Site recommended for
Regional Service in the Community of Holly mead. TM32,P's 43&43A. Rivanna
Dist. ~Deferred from November 8, 1995.} .Advertised in the Daily Progress on
October 23 and October 30, i995.
Mr. Cilimberg summarized the staf~ report which is on file in the
Clerk's office and a permanent part of the record. The special use permit ms
needed in order 5o use the site for the sale of autos. Staff opinion is that
the proposed amendment of the proffer is lnconslsnenn with the 2omprehensive
Plan, aa well as previous actions on this property; therefore, staff recom-
mends denial o~ ZMA-95-17. Should the Board choose to approve this request,
staff recommends accepsance of the applicant's revised Froffer. Mr. Cilimberg
said staff and the Architectural Review Board 'ARB have reviewed SP-95-31
should the rezoning be approved. Based on the actions of the AR~, staff ms
able no recommend approval of SP-95-31, sukjecn to certain conditions.
Mr. Cilimberg said the Planning Commission, a5 Its meetin~ on November
7, 1995, by a vote of 4-3, recommended denial of both requests.
There were no questions for Mr. Cilimberg from the Board, so Mr. Perkins
opened the public hearing.
Mr. Wendell Wood, the ~pplicant, said the mssue he wished no address,
related ~o commenss made about Eying this proposal to ~he mobile home park.
Mr. Lombardo, the auso dealer, is presen~ ~o address Dther issues, Mr. Wood
recalled that when he first came before the Board 5wo ~nd one-half years ago,
in was his impression a sales lot was needed on Route 29 for exposure. It has
since been decided that the mobile home park would be developed similar 5o
subdivisions by using model homes; he gave Briarwood ~s an example, Instead
of having the sales lot on Route 29, he is proposmng to have 12 Dr 15 mobile
tomes located there. This situation might no5 be enough exposure, but he
believes it will ~e successful. Models will be pun into 5ne mobile home park,
They will be broucht directly there from the factory. Phere will be landscap-
Ing, and the homes will be sold as models exactly on the lot where thel are
purchased. He believes this will make the projecE more affordable since there
is an approxlmaLe $2,000 cost differential from putting the sales lot on the
highway. The original plan was to have people look a~ the unl~ ~n the sales
lot, and then it would have ~o be relocated in nne mobile home park. He
recalled a comment made implying he was misleading County officials as far as
Novemoer 15, 1995 {~eguzar .~_~ht Zeeting}
(Page TM
Stsbla, Commercial: A building, group of buildings, or
ese of land, or any comkinatzon thereof, where, for
compensation, whether monenary or goods, provms±on is
ma~e for horses or ponies for hire or instruction in
riding.
5.0
SUPPLEP~ENTAiRY REGLrLkTIONS
5.1.3
COMMERCIAL STABLE
Ridiu] rings ano other riding surfaces shall be
covered and maintained with s material to mini-
mize dust and erosion;
FencinG and other means of animal confinemenn
shall be maintained a~ all times.
10.0
RURAL A-P~AS DISTRICT, RA
lC.2.1 BY RIGHT
10.2.1,20 Commercial stable reference 5.1.3
10.2.2
BY SPECIAL USE PERMIT
10.2.2.16 {Repealed 11-15-95
Agenda Item No. 8. ZMA-95-17. Wendell Wood. Public Hearing on a
request to amend proffers ~ ZMA-93-06 ~o ~llow establishment of sutdoor
s~orage and display of autos on 11.3 ac zoned HC & EC. Located en W sd of Rt
29 Near Timberwood Blvd~ is location of Maupln Store. Site recommended for
Regional Service in the Community of Holl~ead. TM32, P's 43&43A. Rivanna
Dist. Deferred from November 8, 1995.} Advertised in the Daily Progress on
October 23 and October 30, 1995.
Mr. Cilimberg summarized the staff report which is on file in the
Clerk's office and a permanent parr of the record The special use permit is
needed in order eo use rte sine for the sale of aunos. Staff opinion is that
the proposed amendment of the proffer is inconsistent w~th the Comprehensive
Plan, as well as previous actions on this proper~y; ~herefore, staff recom-
mends denial of ZMA-95-17. Should the Board choose re approve this requese,
staff recommends acceptance of the applicant's revised proffer. Mr. Cilimberg
salc staff and the Architectural Review Board {ARB have reviewed SP-95-31
should the rezoning be approved. Based on the actions of the ARB, s~aff is
able no recommend approval of SP-95-31, subject ~o certain conditions.
Mr. Cilimberg said the Planning Commission, an its meeting on Noveraber
7, 1995, by a vone of 4-3, recommended denial of both requests.
There were nc questions for Mr. Cilimberg from the Board, so Mr. Perkins
opened the public hearing.
Mr. Wendell Wood, the applicant, said the issue he wished to address,
related to commenns made about £ying this proposal ~o the mobile home park.
Mr. Lombardo, the auto dealer, is presenE ~o address other issues. Mr. Wood
recalled that when he first came before the Board two and one-half years ago,
it was his mmpression a sales lot was needed on Route 29 for exposure. It has
since been decided that the mobile home park would be ~eveloped similar to
subdivisions by using model homes; he gave Briarwood as an example. Instead
of having the sales lot on Route 29, he is proposing to have 12 or 15 mobile
homes located there. This situation m~ght not be enough exposure, but he
believes it will be successful. Models will be put into the mobile home park.
They will be brought directiy there from the factory. There will be landscap-
ing, and the homes will be sold as models exactly on the lot where they are
purchased. He believes this will make the proDecr more affordable since there
is an approximate $2,000 cosn differential from purring the sales lot on the
highway. The original plan was to nave people look an the unlu on the sales
lot, and then it would have re be relocated in the mobile home park. He
recalled a comment made implying he was m~sleading County officials as far as
zoning was concerned. The decision was made nor no put the mobile home sales
lot on Route 29 before he knew Mr. Lombardo, and ir is nee ~ quesnlon of
someone nry~ng re be deceitful. He explained that there ia a gas station at
this location now which is approximately 65 years old and it is no5 competJ-
[~ve. He said the Bmaoco sEaElon has ]use opened, and it sells more gas in
one-half a day than his snorage tanks in the ~round can handle. He is n~y~ng
~o make a better operation our Df an existin] business. The Piedmont Environ-
mental Council PEC supported the mobile home park because it provided
affordable housing, but he thinks this new idea ms a better proposition. He
is requesnlng zonln~ for an exisnlng operation which has ~ r~ght to be there
as a'gas station and ~s a small 3ounnry snore. This proposal involved a gas
station ~nd country store with rats when he ~ppeared before the ARB. The ARB
did non like the proposal, and suggested he take away the counnry snore and
November 15, 1995 CRegular Night Meeting)
(Page 8)
the gas pumps. He has agreed 5o do this in order ~o upscale the proDect and
mee~ ARB requirements. He'would be glad to answer any questions, particularly
if someone is concerned abou5 this project bein~ tied 5o nne mobile home park.
He stated that they cannot be tied together, because the area is non being
used in the size granted for the mobile home sales. The car dealership is
preffered just to the immediate vicinity of the existing station, which is
approximately one acre.
Mr. Wood recalled a commen~ made by someone who said this area would not
be used as a mobile home park but, instead, it was going to be a used car lot.
This is certainly non ~rue, because the mobile home park is under conssruc-
tion. He added that 5,000 feet of road, 2,000 feet of water and 1~500 feet of
sewer lines have already been installed for the mobile home park. He expects
Eo be selling homes in early spring with the cosn running from $19,000 To
$38,000, which is below the housin~ cos5 previously mentioned in the beginning
rf the mohLle home park projecn.
Mr. Marshall said his understanding is that instead of selling mobile
homes on a mobile home sales lot and then takin~ them 5o a sine, the mobile
home will be brought £o the site and sold on an slready landscaped lot. Mr.
Wood concurred. Mr. Marshall said this would save the cos5 of having no
5ranspor~ the mpbile home. Mr Wood agreed that there would be an approximate
$2,00( differen%e between this situation and setting up a uommercial operation
for a mobile home sales lot. He said this was the only way it had been done
before, and that is why z5 was his initial concepE. He is uncertain if this
proposal will be successful, PUS he believes in will be, because it works in
regular housing in subdivisions. Advertising will be done, and the public
image will be good, because the buyer knows exactly how his home will look on
the finished lot. The sales office will be zn the parking lot on Route 29.
He said nhere is a savings involved with this me~hod of selling mobile homes,
and anynlme there is a savings, the cos5 of the product is lowered.
Mr. Marshall wondered if Mr. Wood would be utilizing as much acreage on
Route 29 North with this proposal. Mr. Wood replied that less than 10,000
square feet of land will be disturbed for the car dealership, and with the
sales lot, seven acres are involved. He would be willing no proffer no this
effect so the car dealership could not expand. He referred nc a remark
someone made that he was going to do something else with the land once he
the approval, and he said the proffer proves this is not a true snanemenn. He
was abandoning the sales approach anyway. He again mentioned that he has a
right To run the business as a gas station and counnry snore. He added,
though, that he is giving up this right an the requesn of the ARB. He noted
that Mr. Lombardo will show this Board that no other car dealership on Route
29 North has the landscapmng and modifications under which he will be Dperan-
lng.
Mr. Wood also recalled a comment made aftez the first public hearing was
closed that he was trying to take advantage of County officials. He wanted to
deal with this comment because for 30 years he has done nothing except what he
said he was going to do. He reiterated that he had abandoned the concept of a
mobile heme sales lot Dn this land before he met Mr. Lombardo, because he felt
that se%lin] oun of the park would be a better approach This left him witn
the questzon of what he would do with the snore. The store takes up one acre
of land. It is non ~ompetitive, and ~ is in a run-down condition, but he
believes in can be improved.
Mr. Perkins asked if there were questions for Mr. Wood, and there were
none.
~r Lombardo presented pictures showing how nne property now looks. He
said the proposal before the Supervisors tonight has received unanimous
support from the ARB. He added that Marcia Joseph, the Design Planner,
indicated the staff favors this proposal because Lt represents significantly
less land usage than the previously approved mobile home sales cenEer. This
proposal was approved ~llowing for the use of -.9 ~cres of land. It also
allowed for cons5ruction of an access road ~o 5ne rear of the property in
order uo transpor5 the mobile homes to the recently approved site. The
original plan was Eo transporE them into the back pare of the site. With this
new scenario, ~he road would no longer ~be needed, fhe ARB members felt this
proposal, which tripled the amount of ~egetation uurrently on the slse and
coupled with the much needed facelift of the existing snrucrure, would be a
more acceptable use of this commercial property. It would not pose a siqnifi-
can5 environmental lmpac5 ~o the ad]acen5 area He feels the auto sales
censer would be quite unique and no other dealership is screened from Route 29
to this exnent. He recalled a colored architectural drawing, indicating the
uype of screening no which he is referring. He realizes the previous approval
for the outdoor snorage and display was granted largely as a result of the
relationship between the mobile home park and the sales center. He feels
snrongly this relationship, however, is not as relevant as the definite result
caused by the measure. This approval, if iu had been carried beyond the
planning stage, would have allowed an individual to purchase s mobile home and
then ~ranspor~ it via Route 29 ~o any designation zn the United States, There
could not be, nor should there be, any restriction in place allowing only
November 15, 1995 (Regular Night Meeting
(Page 9)
~hose individuals who plan uo tmve in the park the opportunity to purchase
their homes from this sales cermet. Therefore, he feels the previous approval
would have ureated a scenario exactly as the reques~ before the Board tonight.
Both are, in fact, retail esnablishments with the goal of selling big nmcket
items competitively to the local consumer base. However, this requesn differs
mn that it would pose significantly less of an environmental impacn than would
De endured by the ~uch larger mobile home sales center. If his proposal is
denied, Mr. Wood would then have the option of letting the property remain as
it is currently zoned for a gas statmon and convenience snore. However, in
order no compeme successfully, this sine would have to undergo ma~mr renova-
tions and major improvemenns in light of the much larger Amoco cen%er mo the
ncrth. Mr. Wood has already received offers, and he has 5aken them into
consideration, as a back-up plan 5o this requesn. This opnlon would undoubt-
edly create far more environmental and traffic concerns than his proposal.
Such a business would require more lighting as a result of the larger size.,
increased evening usage, and it would be visited by far more cusnomers than
any specialized used car operation. He sam au the Amoco station a few weeks
ago for 20 minutes and watched about 15 people after 9:00 p.m. Dull inca the
snaLion. This is the kind of nraffic which will be commng rca gas smation.
This mype of business creames more waste and utilizes far more natural
resources 5han his proposal. From the perspective of the County's best
inneresm, this use would non represenn the best choice to minimize the
environmental impacn mo the surrounding area.
He was quite perplexed by the Piedmont Environmental Council's posznlon
with regard 5o this proposal, and he recalled the record indicating that they
did hem publicly oppose the much larger mobile home sales cenner mn 1993. He
then mentioned some of the reasons as 5o why he though~ this reques5 was
be~er. First, this proposal includes a heavily screened site including a
berm to the soumh of the properny blocking a majority of the parking spaces.
There will be a lot of vegetation throughout the site. The ARB called for two
and one-half mo three and one-half caliper mrees 5o be used. He s~ated nhat
these are quite large and manure nrees which would nom only screen the
properry sufficiently, but would greatly enhance the beauty of the parcel. He
pointed mum that the request represenns an environmentally sound plan. He
noted that 15 calls for the removal of all lighted signs which fronm the
properEy facing Route 29. He called attention no the pmc~ures showzng the
lighted smgns, as well as a light between the gas pumps, which he said would
come down. The plan calls for the removal of the exls~n~ gas pumps which may
later pose a problem. The proposal calls for only limited nLght use o~ [he
~roperty thereby reducing the amount of light spillover on ~oute 29. He
recalled this was also a concern of the ARB members, and they were very
specific in making sure there would not be any spill over mc Route 29 from any
light placed on the propermy. He has gone through extensive lengths to find
the mype of lighting which could do this, and he has agreed to shorten the 20
foot pole to a hen foot pole, so the spill over would be minimized. These are
the same lights used by the ne~ McDonald's across the smreet. These lighms
5re contained no the McDonald's area, and there is no spill over. Majoz
renovations are planned for a snrucmure mn dire need of beautification, and
this business would genera5e considerably less traffic than any of the likely
~iternat[ve uses. He also noted that no other public opposition has been
voiced and this is the sixth public hearing on the mammer. He feels it is
impor~ann to mention that Mr. Tim Lindstrom, an ~RB member, and a s~rong,
well-respected, compenenm voice Df the PEC has supported the proposal. Mr.
Lindstrom voted favorably an the ARB meeting. Mr. Lombardo went on re say he
feels Mr. Lindstrom's position represents a complete understanding of the
merits of this proposal and a greaser understanding of the likely alternative
uses of the properny. He feels Mr. Lindstrom's actions demonstrate his desire
£¢ supper5 the best interests of the County.
Mr. Lombardo commented that he has carefully read mosu of mne recently
updated Comprehensive Plan. He understands the purpose of prevenrmn] piece-
meal growth and agrees with it. In this request, however, the parceL, the
building 5nd mosm of the paved area are already in place. He is non proposing
s brand ~ew small sire ee be consnruc~ed on an undisturbed piece of land.
This ms an lmpornann ~istinctmon, ~nd ir seems reasonable to him that mhis
[ype of exception could exisu and sm~ll be in meepmng with the Comprehensive
Plan amendment. In proposing a relatively small site, he ~elt his chances of
attamnmng approval would be greamer. He would non have guessed rna5 a larger
proposal would have oeen viewed as less piecemeal and more favorable by
~nybody in this process.
Mr. Lombardo said this request represenns good, sound, long term use of
an existing commercial site needin] re]uvenatzon. He has a zen year lease,
and this business will fit in well with the othez recently established
businesses in the area. He willingly agrees me ~11 of the suggestions and
reconunendamlons commn~ mum of previous hearings. He specifically mentioned an
~mended prcffer commng oun of these recommendations, protecting this parcel
from expansion for this use. He is convinced that if granted, his proposal
will yield a business of which the County will be proud. He plans several
innovations to make his business ~ifferent from what could be expected of a
typically used car dealer. He views this proposal as a chance to make a
difference in a field ~esperately needing 5o zmprove its image. One his ideas
November 15, 1995 ~Regular Night Meetzng
(Page 101
ls to keep the expenses down by borrowing no money for lnvenEory. There will
be no processmng fees a5 his dealership, and he has planned an automobile
research library, open no the public, full of the latest consumer informaElon
in order no assls5 the cusnomer in the de2ision making process. There will be
no sales pressure, ~nd he will sell only high quality used vehicles at markups
of about one-half the national ~verage. He will be trying ro atErac~ nhe
educated consumer who feels he or she muse Eravel to Richmond or WashingEon,
D.C., to obtain fair rreatmen~ au a fair price. He called attention [o a
positive article abouE himself published in lash weeks' Observer, from which
he has received a lot of community supporE. He has gonEen over 20 phone calls
from people who are suppornlve of the pro]ec~ and wanm 5¢ do business with
him. He thanked Board members for the 51me he had LO speak, and he asked them
to consider his proposit~ion.
Mrs. Humphris asked, Ln light of Mr. Lombardo's remarks, i~ Mr. Cilim-
berg would distinguish for everybody's benefit the difference benween ARB
approval and the things with which this Board has to deal. There seems no be
a lack of understanding.
Mr. Cilimberg responded that the ARB advises as no the special use
permit and, more particularly, must give approval fcr the sine plan. This
presumes that the use is ~pproved legislatively. The site plan goes through
an administrative process and Ehere is an ARB Certificate of Approprzaneness.
The ARB members were looking at this project from the standpozn~ of site
design, and they were advising as to whether or not the site could be ade-
quately accommodated in the enErance 2orridor for this use with a special use
permit. He recalled mentioning that staff an~ the Planning Commission, with
the proper zoning, recommended approval of the special use permit. The issue,
first of all, is zoning which is differenE from what the ARB was considering.
Mr. Perkins asked if there was 5nyone from Ere public who would like t£
speak to this issue.
Mr. Dave Reynolds remarked that he and Mr. Lombardo have been friends
for approximately four years. He has dealt with Mr, Lombardo professionally,
as well as personally. He would be willing ro put up a poster indicating he
would buy a used car from him. He feels as though the public does not think
too highly of people in this industry, and he admits he feels the same way.
He added nhat little by little Mr. Lombardo gained his %rush, as well as nhat
of his wife and his friends. He recommends Mr. Lombardo to his friends and
family, because Mr. Lombardo is nor out to sell them a $30,000 or $40,000
Cadillac for which they would have to mortgage their houses. Mr. Lombardo
warms no sell cars ro everyday people. Mr Lombardo has ~one out of his way
to make the various boards happy. The use fits the property. He pass by this
property all the rime. and mt is an eyesore. He has always wished someone
would do something with the properEy. Even if z5 was made into a parking lot,
it would look betner. When Mr. Lombardo told him what he was going to do, he
supported the proposal. He asked the Board members no consider the request.
He is sure if the Board members did business with Mr. Lombardo they would be
happy, because he and his friends are satisfied. He thanked the Supervisors
for their £ime.
Ms. Babette Thorpe teac a sEaEemenr prepared for the Planning Commission
and this Board on behalf of the Piedmont Environmental Council. PEC opposes
ZMA-95-17 for all the reasons stated by staff. A copy of the statemenE
regarding Z~LA-95-17 is on file in the Clerk's office.) She was glad to hear
that work has begun on the mobile home park. She remaLns concerned because
there is still no language in the proffers to carry ou~ the promises made
during the Comprehensive Plan Amendment process that 100 mobile home sites be
established before the commercial use began. She said the word, "estab-
lished'', 5o her means building permlns or Certificates of Occupancy kssued.
Such a proffer might carry our the promises made during the Comprehensive Plan
Amendment. Until this sort of language ex,sss, she urged the Supervisors to
accepn the staff's recommendation regarding this amendment.
No one else came forward Eo speak, so Mr. Perkins closed the public
hearing.
Mr. Martin asked if the zoning relatin~ ~c the gas station and parking
lot is grandfathered. He also wcndered about ~ne amounE of acreage involved
with this area. Mr. Cilimber~ replied that rne area around the existing snore
and gas sEaEzon ms approximately one acre, and Ehis zs the area on which all
of the sales is propose~ This use ~s no~ ~randfathered, and z~ is actually a
use by-right. It is parr of tbs existing commercial zoning.
Mr. Martin remarked that he realizes ~nd apprecianea the staff members'
work on nhis zssue, as well as their recommendation. He has on15 ]lanced ~t
the November - Commission minuEes, since the Supervisors just gon them today.
He has examined minutes from the other Commission meeting and considered the
mssues discussed. He thinks the applicant is right on gargen with some of the
zssues discussed by staff, as well as other issues the applicant has brought
up himself, including the lar~er parcel versus the one acre parcel which is
by-ri]hn. He suggested chat if these thin~s were examined with an open mind,
November 15, 1995 (Re[ular Night Meeting~
(Page 11)
a decision csutd be made either way, as can be seen with the Commlssaon's four
mc three vone. Looking an the practicality of the proposal, as well as the
fact £hat he lives an this area, this site as an eyesore. ~e said probably 80
percenn of his friends in the County also pass by this snore all the rime.
When aE was an open business, he did non see it as an eyesore, oecause tr
offered a let of little things he really appreciated. There were a lot of
country things inside this ~tore which cannot be bougne across the street au
Food Lion. This rezonan~ probably would not have been approved had it been
something non benefittin~ the mobile home park nna~ was going eo be built.
Even nhough the zoning can De changea for the larger parcel and in the [uture
other things nan oe denied which might be ~roposeu possibly Dn the larger
parcel, the smaller parcel has by-right privileges, He said Dy-right on this
parcel can be a gas snation which woulc creane much more traffic right beyond
the Amoco s~ation. It would nee just be an inconvenient addition Eo traffic,
but it would be a dangeruus addition Ec traffic. ~his proposal ~s a lot
better than what is already there. He probably would not supporE a gas
station an this location if it was non by-right, because at would create a lot
more traffic. He will supporn this proposal.
Mrs. Humphris commented that she has gone back through her whole file on
Enas man~er, since the beginning, and she cannon begin to say how imporEan~
this decision was when me was made. It was said over and oyez again that the
only reason Ehis commercial use was being allowed was as a support for the
mobile home sales. It most definitely had Eo be uontingenu Dn those 100 sites
being in place zn the mobile home park before any other thing was no be
implemented, and it was particularly important re nave a unified plan for the
entire site before anything new was done. It was also imporEans, of course,
re limit the curb suns on RouEe 29. She recalled staying at a public hearing
on this matter until 1:30 a.m. She said everything that was done hinged on
the understanding of why it was being done which was only in support of the
mobile home park and only contingent on the 100 sires being prepared and upon
amasser plan for the ennire 50 acres. She agreed that the building certainly
Ls an eyesore, but this does not mean Ena~ everything done should be upset.
She also mentioned the good faith which went into this final agreement to
allow everything to be as ir ~s now She noes no~ think it would hurt for the
eyesore Eo remain or for Mr. Wood Eo use the properny as a gas srataon or
convenience store until such uime as there is a master plan for the area, and
it is known what can be expected, as well as what the area will look like.
She thinks 1E is disappolnEzng to have this come back £¢ the Supervisors in
such ~ manner when so much good faith wen~ into all of this no arrave at the
agreemenn which is in place an this ~ime.
Mr. Martin said he is nee debatin] Mrs. Humphris, and he would agree
with everything she said if a larger parcel was involved. He reiterated rna5
5his parcel is only one acre in size, and at already has by-righ~ uses. The
servace sEaElon is a by-right use, and that is where he and Mrs. Humphris
differ on this maEEer.
Mr. Bowerman said he also agrees exactly with everyEhing Mrs. Humphris
has said about the oraginal intent, and any commercial rezonln] would not have
been approved as parn of this proiec5, unless it was supportive Df the mobile
home use. He recalled the Supervisors being concerned thaE this entire 50
acres being developed with a maseer plan, and they did not wane to see it
developed piecemeal. As a practical maE5er, however, Mr. Bowerman went on no
say this proposal before the Supervisors does nee preclude anything in terms
of ~he master plan for the area. He concurred with Mr. Martin's snatemenr
that this proposal only deals with one acre which as a currenn use. and at
does not deal with the oraginal larger parcel.
Mr. Marshall said he will supporn the proposal, and he agreed with both
Mr. Martin and Mr. Bowerman.
Mr. Bowerman reiterated that, practically, the approval for this
proposal does hem make any difference. He is fully supportive of Mrs.
Humphris' belief and opinion, but he thinks sance there is only this one acre
involved, it ls not a significant deviation from the oraginal ln~enE. He
would noi be supportive of the proposal if ~ was for an inclusion of an
amounn greaser than the acreage which currently exists.
Mrs. Thomas remarked that she differs slightly because she thinks
approving this requesE is piecemeal, and it ~oes preclude other planning. She
said the Comprehensive Plan carefully indicates that a plan has Eo be devel-
opec fo~ the entire 50 acres. This particular plan Ls unaer one ownership
which is an unusual opportunity in this community. Often there are small
pieces Df properny which are no~ parts of larger parcels, and there is no way
the Comprehensive Plan could require a plan for the whole area. She said
someone nas senn her pages from the Comprehensive Plan, and these pages
anGacate t~ar any developmenn shall be pursuan~ no an overall plan of develop-
ment. She read from these pages Enae zonin~ acEaon and development of this
area consistenE With the Comprehensive Plan shall occur after the developmenn
of the high density residential area which relates to the mobile home sites.
She understands that all of this was carefully worked out at the ~ime and she
has absolutely no cr~nicasm of the plan. She concurred that Mr. Wood's
Ncver~oer 15, 1995 (Regular Night Meeting)
(Page 12)
proposal would look better, and it ms a good use. It is obviously an estab-
lishment of the sore where more is needed, and she is also delignLe~ that the
zhange in plans will result in lower nosr housing for the mobile homes. Ail
of this makes it sound as though she is quesLlonlnq how Lo vole, but she is
non. She ms ]erLaln that Lhis is exactly the kind of piecemeal decision
making done elsewhere on the same highway closer to hOWL, and everybody has
been regreLLlng it ever since. When nhere is the opportunity no deal with the
whole thing, as the Comprehensive Plan says in should be done~ she thinks the
Supervisors should nry no do so and nor use Ere ple]emeal method.
Mr. MarLin asked Mr. iilimberg to explain the second proffer. Mr
Cilimberg responded Lhat Proffer ~2 relates to when sn overall plan of
develcpmen5 is submitted in accordance with the Comprehensive Plan. He said
the entrances, at that timq, will be closed or altered as a result of the
plan. He asked the Supervzsors ~o keep in mind that overall 5here are 5o be
three poznrs o~ access ultimately with ]ommercial devetopmen5 on the site. He
explained that when the overall plan is 5pproved, the site can be altered
based on this plan. Mr. Martin said all of this can then be included in the
overall plan. Mr. Cilimberg replied that it would be expecned to be included.
Mr. Bowerman said, ar Lhis time, the access no Rouse 29 could be removed
and access could be made a~ one of the three access poinns He reiEerated
that he thinks, as a practical issue in this parEicular circumstance, it does
no~ make any difference.
Mr. Cilimberg commented that Proffers %2, %3 and ~4 are essentially the
same as the proffers which were with the original zoning that Dame when the
mobile home sales were allowed. There is nc change in language ~n these
proffers. He called attention, however, to Proffer ~1 which focuses the
parLicular auLo sales down Lo a 350 foot by 180 foot area.
At this rime, motion was offered by Mr. Martin, seconded by Mr. Marshall
approve ZMA-95-17 sub3ecL Lc the following proffers:
PROFFER
Date: 11-2-95
ZMA = .95-17
Tax Map Parcels s) = 32-43 & 43A
7.9 Acres Lo be rezoned from
HC ~o HC
PursuanL uo Section 33.3 of the Albemarle County Zoning Ordinance, the
owner, or its duly authorized agenL, hereby voluntarily proffers the
conditions listed below which shall he applied to the property, if
rezoned. These conditions are proffered as a parn of the requested
rezoning and ~n is agreed that: (1) the rezoning itself g~ves rise to the
need for the conditions; and 2) such conditions have a reasonable
relation tc une rezonln~ requested.
The area outlined in yellow 350' × 180' on the anrached plan
titled "Pine Grove" dated 8/29/95 on file in the Planning Office,,
may be used as s convenience ~rocery snore and gasoline sales. In
addition this area may be used for mobile home sales and/or
automobile sales subjecn Lo approval of the approprlaLe special use
permits. The remainder of the site may be used only for mobile home
sales subjecL Lo the approval of the appropriate special use
permits;
The entrances on this site will be closed or altered if required by
the future plan of developmenL for the remaining adjacenE areas
desi~na5ed office and regional service in the Comprehensive Plan:
The frontage on Route 29 containing Tax Map 32, Parcels 43A, 43,
42E, 42D, 42B, 42A and Tax Map 46, Parcel 5 shall contain non more
than three combmnaLion enLrance & ex,ts. The County may require
closure of any existin] entrances aL the time of establishment of
any new enLrances such Lnar the total number of entrances does nor
exceed three,
(4)
An access road between the mobile home sales ares and mobile home
park shall be developed at the rime of the establishment of any
mobile home sales use. This access road shall be used only for the
movemenn of mobile homes between the £wo uses and for emergency
access.
(Signed~ for River Heights Associates by W. W. Wood, General
Partner, 11-2-95
Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Perkins, Mr. ~6werman, Mr. Marshall and Mr. MarLzn
NAYS: Mrs. Thomas and Mrs. Humphris.
November 15, 1995 (Regmlar Night Meetingt
(Page 13)
Agenda Item No. 9. SP-95-31. Wendell Wood. Public Hearing on a
request to establish outdoor snorage & display of autos on property described
in ZMA-95-17 above. (Deferred [rom November 8, 1995.) Advertised in the
Daily Progress on October 23 and October 30. 1995.
Mr. Perkins stated that a public hearing would have to be held for
SP-95-3t, slece it was noE announced that the two items would be heard
jointly.
Mr. Cilimberg indicated that he had covered the report on both l~ems
At this rime, Mr. Perkins opened the public hearing for SP-95-31. He
asked if the applicant had anything to add
There were no commenus from the applicant or anyone else from the
public, so Mr. Perkins closed the public hearing.
Motion was offered by Mr. Martin, seconded by Mr. Marshall. Eo approve
SP-95-31, subjec~ mo the followin~ conditions:
1. Remove existing slgnage from the slme;
2. Construct a berm mopped with screening trees between the entrance
corridor on the southernmosL part of the parking area The
parking in this area shall be screened from the en%rance;
3. Architectural Review Board (ARB) approval of landscape location,
sizes and species Eype. Trees are ~o be large s~ree~ trees 13
1/2" caliper);
4. No elevated vehicle display;
5. The lighting shall be directed down onto the site with the source
of the light shielded from view from the enErance corridor;
6. No attention-getting devices shall be attached to any vehicle or
sErucEure on the site. This shall prohibit the use of balloons,
spinners, sEreamers and the like;
7. A certificate of appropriateness shall be required prior ~o
approval oi the site plan;
8. Lighting Df the site shall be limited to between the hours of
10:00 A.M. and 9:00 P,M.;
9. Remove the gas pumps from the curren~ location. Reestablishment
of the gas pumps shall be permitted subject 5o slEe plan approval
and approval by the ARB; and
10. Vehicle sales and display shall be limited to the parking area
shown on AttachmenE D (on file in the Plannmng 3ffice .
Roll was called, and the mo~lon carried by the following recorded vote:
AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs.
Mr. Martin.
NAYS: None.
Humphris, Mr.
Marshall and
(Note: At 8:35 the Board recessed, and reconvened at 8:4~ p.m.
(The nexm two agenda items were discussed jointly !
Agenda Item No. 10. ZMA-95-13. University Real Estate Foundation.
Public Hearing on a reques~ 5o rezone 5 ac from R-1 eo R-10. Located on N sd
cf Ivy Rd on access road to University Village. Site recommended for High
Density Residential 10.01 - 34 du/ac). TM60. P45. Jack Joue55 Dist.
Advertised in the Daily Progress on October 30 and November 6, 1995.)
Agenda Item No. 11. £P-95-27. University Real Estate Foundation.
Public Hearing on a reques~ to esEablish professional office Dn 5.0 ac zoned
R-10 subDect ~o approval of ZMA-95-13 above. (Advertised in the Daily
Progress on October 30 and November 6, 1995.1
Mr. Cilimberg summarized the staff reporEs which are on file in the
Clerks office and a permanen5 part o~ the record. Mr. Cilimberg said staff
review of this requesc has provided mixed findings. In the opinzon of staff,
the intent of professmonal offices mn residential districts is to provide
supporE servmces for nearby residential actizities (i.e., doctors, dentistl or
~o buffer residential areas from more intensive commercial areas. This
application ms ~o provide office space for the University of Virginia Founda-
tion's main administrative offices. This use provides no direct suppor5 for
the nearby residential uses and represen5s an office use which would more
appropriately be located in a commercial district. Approval of this request
would be a departure from past ac5ions. Therefore, staff recemmends denial of
this reques5.
Mr. Cilimberg said the Planning Co~mission, a5 its meeEing on November
15, 1995, recommended approval of the rezonlng, as proffered, and the special
July 14, 1993 (Regular Night Meeting)
(Page 16)
issue that is clearly being examined around the state. It will not be easy ~o
solve in terms of the scientific approach. He emphasized that data already
taken in this area will'be helpful in nrying to tie in all of the different
facts.
Roll was called on the foregoing motion which carried by the following
recorded vote:
AYES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
NAYS: None.
(Note: At 9:24 p.m., the Board recessed, and reconvened at 9:35 p.m.)
(Note: The following two petitions were heard concurrently.)
Agenda Item No. 12. ZMA-92-14. Wendell Wood. public Hearing to rezone
approx 57 acs from RA to R-15 (Proffered). Property on E sd of Rt 606 approx
0.6 mi S of Rt 649. Site is in a designated growth area (Community of
Hollymead) & is recommended for high density residential (10.01 to 34 du/ac)
in the Comprehensive Plan. TM32, Ps50,53,54,55&56. The following additional
parcels are affected by the proposed road ne=work: TM32,Ps42A,42B,42C,42D,42E,
44,45&TM46,P5 =o remain zoned Rural Areas with proffers. Rivanna Dist.
(Advertised in the Daily Progress on June 29 and July 6, 1993.)
Agenda Item No. 13. $P-93-13. United Land corporation.
to es=ablish mobile home park on approx 57 acs under ZMA-92-14.
in the Daily Progress on June 29 and July 6, 1993.)
Public Hearin9
(Advertised
Mr. Cilimberg summarized the staff report for these petitions; this
report is on file in the Clerk's Office with the permanent records of the
Board of Supervisors. Re said the Planning Commission, at its meeting on
July 13, 1993, by a vote of 6/1, recommended approval of the above noted
petitions; ZMA-92-14 is s~bject to the following proffers:
The mobile home park is proffered for a period of not less
than fifteen years from the suar= of developmenu in accor-
dance with the Comprehensive Plan. The start of development
is defined as the date the first building permit is issued.
(The Planning Commission accepted this proffer with the
understandin9 it would be amended before reaching the Board
of Supervisors to provide for a mechanism to return RA
zoning to the property in the event the special use permit
is not perfected.)
The frontage of Route 29 containing Tax Map 32, Parcels 43A,
43, 42E, 42D, 42B, 42C, 42A and Tax Map 46, Parcel 5, shall
contain not more than three enurances. The County may
require closure of any existing entrances au the time of
establishment of any new entrance such that the total number
of entrances does not exceed three.
An access road between the mobile home sales area and mobile
home park shall be developed au the time of establishment of
the mobile home sales use. This access road shall be used
only for the movement of mobile homes between the two uses
and for emergency access.
The Planning Commission also recommended the following conditions for
SP-93-13:
Deletion/relocation of all lots within fifty feet of an
adj~cenu parcel;
2. Planning Commission approval of final site plan;
Staff approval of all mobile home units proposed for loca-
tion within the mobile home park to ensure compliance with
the acoustical performance standards of Section 30.2.5;
Staff approval of private road maintenance agreements at
such time as the property may be subdivided;
Maintenance of recreation facilities shall be the responsi-
bility of the property owner in accord with Section
4.16.3.2;
No direct connection to Route 29 shall be made without
amendment of this permit;
7. Provision of ~ conventional "T" intersection with Route 606
constructed, in accordance with Virginia Department of Trans-
July 14,
(Page 17)
1993 (Regular Night Meeting)
portation requirements. Access is shown on a plan initial-
led "WDF" dated 7/8/93;
No plan of development shall be submitted for review until
the necessary easements and/or right-of-way acquisition for
the Route 606 entrance have been obtained;
Provision of access to Tax Map 32, Parcel 46.
Mr. Cilimberg said the staff report addressed three issues: access, the
Airport impact area, and the Comprehensive Plan. Since the mobile home park
is proposed to be located in the Airport Impact area, noise ~ttenuation
standards of the ordinance have to be me~. Mr. Bain wondered why the Board
would spend time on the matter if the noise s~andarda cannot be met. Mr.
Cilimberg said the staff does not have information in hand to verify that the
noise standards will or Will not be met. The County's Inspections Office has
provided criteria by which the applicant would have to verify that he can mee~
the noise standards before units can be located there.
Mr. Martin asked if each individual trailer would have ~o pass a noise
test. Mr. Cilimberg answered that each unit would have to be certified in
some way when the building permit is issued.
Mr. cilimberg said during discussion of the amendment to the Compre-
hensive Plan, there was extensive discussion about the area where the proposed
mobile home park will be located and its relationship ~o surrounding land
uses, as well as the Airport and its impac~ to the road system.
Mr. Cilimberg called attention to the first proffer which was ~o be
amended for tonight's Board of Supervisors' meeting. The applicant has
provided such a proffer, and he distributed copies of this proffer to the
Board, the proffer reading as follows:
The mobile home park is proffered for a period of not less
than fifteen years from t~e start of development in accor-
dance with th~ Comprehensive Plan. During that period of
time, the p~operty shall not be available to any other R-15,
Residential uses except nothing contained herein shall
prohibit the Zoning Administrator from authorizing uses
deemed accessory and subordinate to the mobile home park.
In ths event the conditions of SP-93-13 are not met, or a~
the time of expiration of $P-93-13 in accordance with Sec-
tion 31.2.4.4 of the Zoning Ordinance, the applicant shall
permit the proper~y to be rezoned to RA, Rural Areas, by the
Board of Supervisors and thereafter the property shall enjoy
all RA uses. For the purposes of this proffer, the ~erm
"start of development" is defined as the date of issuance of
the first mobile home building permit. Nothing herein shall
prohibit the~Board of Supervisors from granting an extension
of the expiration date of SP-93-13 in accordance with
Section 31.2~4.4 of the Zoning Ordinance.
Mr. Cilimberg said amended Proffer'Number One for ZMA-92~14 provides for
a mechanism to ensure that if this property is not developed as a mobile home
park then the zoning on the proper~y will return ~o rural areas zoning. This
proffer also ensures that this property will be developed onl~ as a mobile
home park during the 15 years that have been proffered by the applicant and as
stated as part of the Comprehensive Plan amendment.
Mr. Bain inquired, from the staff's perspective, as to what the holdup
is in terms of the access issue. Mr. Cilimberg said he believes the applicant
has some alternatives in mind which would not require the Airport Authority's
property. There may be a need outside of the existing r~ght-of-way for a
sight easement. That w~ll be established through a final plan. There has not
yet been a survey of the property boundaries to determine whether or not the
road is on the Airport Authority's property. FAA officials will probably wan~
the County's decision before FAA will rule on whether or not the right~of-way
or easement will be allowed.
Mr. Bain wondered how difficult it would be to have a mobile home
subdivision rather than~'mobile home park. Mr. Cilimberg said he would have
~o look a= the mobile home subdivision regulations, because he is unsure how
subdivisions and mobile home parks compare relative =o lot size.
Mrs. Humphris asked if there was ever any discussion about a vegetative
buffer on the Route 606 side of the project. Mr. Cilimberg said the property
located on Route 606 if off of the applicant's site. There is an area out of
the actual mobile home development lots that is being provided as a setback
which could be considered as screenlng for the mobile homes.
Mr. Bowerman asked if there are screening requirements. Mr. Cilimberg
answered "yes.'~
Mrs. Humphris wondered if this plan would work at a lower density than
R-15. Mr. Cilimberg said he believes that R-10 is the minimum. Mr. St. John
stated it doesn't make a~ difference because one of the proffers indicates
July 14, 1993 (Regular Night Meeting)
(Page 18)
how many units there will be. If this doesn't happen, there is another
proffer which states that the property will return to RA zoning.
At this time, the public hearing was opened.
Mr. Wendell Wood addressed two of the issues which concerned staff. The
access involved with FAA approval is shown on the map and is outlined in rsd.
This road does not have to be built to that size during the first phase of the
project. The road can be shifted further north, but the land has not been
surveyed, so it is unknown if this would be a problem. The red area on the
map consists of approximately 68 square feet and he does not believe the FAA
is going to be concerned about that. He intends to remind the FAA that his
company contributed a quarter of a million dollars to build a sewer, which is
a public utility.
Mr. Wood said that last October the road was shown going all of the way
from Route 606 to Route 29. This is the preferred road. At that time, it was
staff's recommendation to build the road in two stages. He is not opposed to
having the sntrance off of Route 29. That is how it was first proposed.
there is:also the possibil~ity of shifting into the adjoining, privately-owned
property to the south.
Next, Mr:. Wood addressed the sound issue. He said there has been
criteria set by the Deputy Zoning Administrator which spells out in detail the
decibel level that has to be met in these homes. If this level cannot be met,
the homes cannot be put there. There is no question that this criteria can be
met, but the question is'whether or not these homes currently meet it. He
said a test has not been done, but it is believed that the homes can meet this
criteria now.
Mr. Bowerman asked Mr. Wood if he anticipates that all of the mobile
homes in this development will be new. Will there be some that are used? Can
the older mobile homes meet the requirements? Mr. Wood replied that the
manufacturer would have to make a statement that Hhe older home is built to
meet the sound criteria.
Mr. Bowerman then wondered if a home is five years old, would the manu-
facturer still be able to certify that home. Mr. Wood answered affirmatively.
Mr. Wood mentioned the road issue again. He said there has been a lot
of talk about it, but FAA won't make a decision based on a theoretical road.
If the FAA does not approve the access road, his company will have to have an
alternative, and he believes that alternatives are available. As far as sight
distance is concerned, Mr. Wood stated that there is sight distance without
going to FAA, so the only issue is the approximately 68 square feet of land
that is needed. Mr. Wood reiterated that he is willing to have the entrance
road on Route 29. His company owns the property except for one piece of land,
and he can get access across it. His company is Currently in negotiations
about this property, and. will probably own all of it soon.
Mr. Bowerman asked if Mr. Wood's company owned the property with the
crossover to Route 29. Mr. Wood replied that he already owns the land out on
Route 29.
Mr. Perkins wondered about the crossover between the two lanes. Mr.
Wood answered that if a crossover between the two lanes Ks a condition, he is
prepared to build it. He believes the crossover will be needed when the
commercial part of the Property along the front is eventually developed. He
pointed out that his company cannot submit a plan for the front of the
property until he has constructed 100 mobile home spaces. He said that PEC
asked for this restriction, but, if this Board chooses to change this restric-
tion, he will be glad to go along with the Board's wishes. He said there were
three entrances and exits granted along Route 29, and there had been a
potential of 11 entrances and exits. This plan Ks in accordance with the
Comprehensive Plan.
Mr. Wood said another issue brought out at the Planning Commission
meeting related to the time involved with getting this request through the
approval process. He has a letter dated 1990, which was the beginning of this
~ssue. The Comprehensive Plan change was approved September 8, 1992. He
noted Hha~ he has probably dealt with the County staff on no less than a
weekly basis since then~ ~A lot of time has been spent on road designs. He
believes there have been at least seven different concepts submitted that
include buffers, e~c. The mobile home park requirement regarding buffers is
greater than for any other zoning category. He said this Board ~ranted
approval for 300 units on 50 acres, and there are now 57 acres, but they can
only contain 236 units because of road requirements, setback requirements and
recreation requirements. He stated that economics are working against the
project.
Mr. Wood noted that he and Mr. Tom Muncas~er, an engineer, would be glad
to answer questions. He believes the mobile home park is needed because it is
the only affordable housing approach which can fit into this category. He
~sked the Board to look favorably upon this proposal.
Ms. Nancy Haussman~, a resident of Earlysville, urged the Board of
Supervisors ~o disapprove'the plan. She objected to any further high density
July 14, 1993 (Regular Niq~t Meeting)
(Page 19)
housing developments within the County where the support ~nfrastructure is
already stretched beyond the normal capacity and where the possible solutions
are postponed or nonexistent, in terms of schools and roads. She also
questioned the location of housing in an area just off of a runway, and not
very far from where planes taxi and wait for takeoff. Planes emit fumes
during this time and have high noise levels.
Ms. Haussmann said she believes the~Planning Commission and others have
been incorrectly persuaded that this is an answer tm low-income housing in
this County. Opposition to the mobile home park has been described by the
developer as elitist and by the Daily Proqress as unaccepting. She said Mr.
Wood is a businessman, and the mobile home units will be rentals on his
property. If Mr. Wood or'~ future owner decides to build another strip mall
or some other type business on the property, all of these people could be
turned out in 15 years. She believes this takes advantage of low income
families who have so little choice about where they live in this county. She
is net against the County providing housing opportunities for those of lower
income, but she wonders what alternatives ~o mobile homes the Planning
commission has examined to address this situation.
Ms. Haussmann pointed ou~ that at last night's commission meeting, when
someone raised the point about the 15 year time limit for the plan, it was
said that the immediate problem needed to be addressed, and the future was not
being considered. She asked who is considering the impact in the future of
such a development if the Planning Commission is not. She is frustrated that
decisions made to allow fgr the high density housing in this area last year
are used as a defense for ~pproval now. It seems that the wheels were all set
in motion after the amendment to the Comprehensive Plan was approved last
fall, so much so that the School Board members told her at a public hearing in
June that the mobile home park was already approved, and there would be
students with which to "reckon." This misinformation has led many Broadus
Wood parents to believe that there wasn't any chance of ohanging that deci-
sion. She noted that the School Board just voted Monday night to put this
area in the Broadus Wood School district pending a public hearing. She said
the Supervisors are responsible for guiding the growth and development in this
community, and for ensuring health, safety, housing opportunities, good
education, traffic flow and control, etc. She asked where is the ~rue
comprehensive community planning, and then asked that the Supervisors reject
Mr. Wood's application.
Mrs. Eleanor Ives said she has been requested to read a letter her
husband sent to the Planning commission. She send a copy of Mr. Ives' letter
to Mr. Bowerman, and she hopes all of the Supervisors have received a copy.
She then read the letter ~n which her husband pointed out the dangers of
aircraft accidents when there is a development next to an airport. Mrs. Ives
said she and her husband~.l.ive in Earlysville Forest, and three or four years
ago an airplane crashed at the end of their street. The only thing that saved
the houses is that it wa~ a small aircraft, and the trees stopped it. She
asked the Board to please consider her husband's concerns.
Ms. Karen Strickland said that last evening at the Planning Commission's
meeting, she presented her concerns and those of her neighbors, as far as the
impact this development would have on the local schools and on the main
commuting route, Route 7~3,. In response to her comments, a Commission member
reprimanded her for getting involved so late in the process. Her involvement
in this issue began when she learned the mobile home park children would be
attending Broadus Wood Elementary School. Monday night of ~his week the
School Board officially redistricted the mobile home park children to Broadus
Wood. This was not enough time to notify the Broadus Wood parents kn the
middle of the summer and Rlert them to the overcrowding that will occur at
their children's school. Broadus Wood has bee~ a small community school
which, in recent history, has been renovated twice ~o accommodate more
children. It has been renovated to the limits of its proper~y. She questions
the numbers given in the staff report about the number of elementary school
children who will be coming from this proposed mobile home development. If
the numbers hold ~rue for the mobile home park, there could be 150 children
coming to Broadus Wood. Mr. Wood has indicated that he could bring these
trailers into the development as fast as the people could move in, so this
means that people could b~ coming to Broadus Wood next year.
Ms. Strickland said after reading the staff rep~r~ carefully, she became
concerned on two fronts. She pointed out a statement from the Airport
Authority saying other localities are moving people out of these impact areas.
She asked ho~ County officials can knowingly move people into such an area
when the chances of them being harmed and sulng the County are very strong.
She asked who is going to'bear the costs of these lawsuits.
Ms. Strickland said arguments have been repeatedly made on behalf of the
applicant that affordable'~housing is so necessary that all other concerns are
secondary. She asked if these affordable homes are really affordable. She
did some research and found that a trailer costs between $20,000 and $30,000.
With $120 for rent of the lot and the utilities, the cost could be as much as
$700 a month. Trailers'depreciate as quickly as cars, and there will be no
equity buildup for these mobile home owners. She quoted from John Sheldon, of
the National Consumer Law Center, who said that, "The core issue of mobile
homes parks is that a mobile home is not really mobile. Once you are there,
you are stuck. It is toq sxpens~ve ~o move if the rent is increased." She
July 14, 1993 (Regular Night Meeting)
(Page 20)
requested that this proposal be, if not denied, at least delayed, because her
main concern ls with the impact on 8roadus Wood Elementary School.
Mr. William Sips, who lives on Earlysville Road, said he moved to the
Earlysville area because it is beautiful country, and he loves the mountains.
Since he moved to Route 743, he believes traffic has doubled or tripled. He
suggested that Route 743 be examined on the map, because the distance to the
City of Charlottesville is only two miles less going via Route 743 to the
Airport than it is to go via Route 29. Before considering a mobile home park
in that area, Mr. Sipe thinks the Supervisors need to consider increased
police protection and a four-lane or dual highway on Route 743. He wonders if
a feasibility study could'be done by the Highway Department for that road
before the proposed trailer park is located. He believes there are a lot of
unresolved issues about the mobile home park, and he thinks they should be
considered before giving any final approval.
Mr. Vince Lidel, a resident of Earlysville Forest, said his children
attend Broadus Weed Elementary School. He feels the expanded facilities might
be in jeopardy with the unplanned arrival of the potential students from this
new trailer park. He is concerned about this, and listening to this evening's
discussion, he is wondering why Mr. Wood should be the beneficiary of favors
as a result of a $250,000 contribution. He said he did not understand that,
or why it was even mentioned.
Mr. Lidel indicated ~hat he ~s a student pilot. He has just started
lessons at the Airport. He parks his plane with the engines pointed toward
the proposed location of the trailer park, and that is where the pilots rev up
their engines. The plane he uses ~s a quiet plane, but he can imagine a big
jet doing the same thing in that location. He thinks more is owed to the
people and children who will live in this trailer park than to put them in an
environment that is obviously spoiled.
Mr. Lidel said he worked for the GE Fanuc Company, and whe~ a jet plane
took off, all conversation in that building stopped. He added that while
these trailers might be insulated, activities will have to be stopped out in
the trailer park when a jet plane takes off. As a personal observation, Mr.
Lidel indicated that last weekend, as a student pilot, he made six take-offs
and near ~rash landings in that area. He has not yet mastered the final
approach, and this part of the flight is right over the area where the
proposed trailer park wilI be located. He asked the Board to reconsider the
danger aspects of this application.
(Note: Mr. Bowerman left at 10:29 p.m., and returned at 10:32 p.m.)
Ms. Marcia Joseph'-said she has lived in Earlysville Forest for nine
years. The first home that she owned was in a mobile home park. It was a way
for she and her family to acquire equity, a yard for her children and some
privacy and quiet. When she first moved to Earlysville Forest, she had a
child at Broadus Wood. She imagines that there were a lot of children from
Earlysville Forest who were just beginning at Broadus Wood and they probably
burgeoned the rolls at that point also. Her children have had the opportunity
of going to Albemarle County Schools which are very good schools. Her two
children are National Mer£t scholars, and she thinks there are other people
who deserve the opportunity for their children to go so Albemarle County
Schools to be able to succeed in whatever it is that they choose to pursue.
Ms. Joseph said she thinks this is an important aspect, but she also thinks
that there are some problems with the plan as far as the access is concerned.
She asked that the Supervisors change the condition giving a 15 year time
limit to state "15 years'after buildout." She stated that this housing will
have to be replaced with something else when the time comes for another use to
be considered for this area. It is going to be difficult for some of these
people to replace this housing. She suggested that if this is a 15 year plan,
then other areas in the County should be considered for affordable housing.
Ms. Joseph said County officials need to think more seriously about what
will be done in the way of affordable housing. The County needs to have
something similar to this mobile home park plan. She knows her neighbors will
not be happy with her remarks at this meeting. She lives near the Airport
runway, and the noise is loud when she goes outside her home. She added that
one of the attributes of the mobile homes is that they are built to energy
efficiency standards, which contributes to very low noise levels inside the
mobile homes. It is a difficult situation, but low income people need some
housing also. She know~the mobile home park can be done riqht and sensitive-
ly and with an abundance of vegetation so it can be a nice piace for people to
live in.
Mr. Charles Johnson, a resident of Earlysville, stated his opposition to
the mobile home park. First, the schools are strained to absorb the current
families at Forest Lakes. Someone, earlier, alluded to the fact that Holly-
mead Elementary School is overcrowded, and Broadus Wood soon will be if the
mobile home park is located near the Airport. The pro~ected enrollment
increase at Broadus Wood, without the mobile home park, will take all of its
currently projected capacity within the next year to a year and a half. To
put the mobile home park in that area at this time, without having plans on
the drawing board and/or under construction for another elementary school in
the northern district, is not being very wise and is not proper planning. He
pointed out that the ne~t elementary school is not projected until 1998 for
that corridor~ and all of the elementary schools will be overcrowded soon.
July 14, 1993 (Regular Night Meeting)
(Page 21)
Second, Mr. Johnson noted that Route 29 North, which is strained to its
capacity, will be undergoing massive reconstruction from four lanes to six
lanes beginning next falL. Third, he is concerned about the Airport safety
issue. As high density housing of this sort goes in around the Airport, it
represents not only a safety problem, but a problem to the development of the
Airport. He asked if the taxpayers are willing to support moving this entire
Airport within 10 to 15 years to another location. He, as a taxpayer,
certainly hopes that this possibility won't even be considered. Last, Mr.
Johnson said that concerning roads, Route 743 is inadequate to support high
density housing of this sort. He thinks it represents a clear and present
danger to public safety. He hopes the Board of Supervisors will take his
concerns into considerati6n.
Mr. Kevin Cox said he is confused. He has heard two people say that on
Monday night the School Board redistricted the mobile~ home park site into the
Broadus Wood School district. He called the School Board office today and was
told that this did not happen, the School Board set a date to take comments
from the public on the proposed redistricting. He thinks the issue of where
children are going to school needs to be addressed at the School Board
hearing. He noted that the children will be going to school somewhere in the
County, because they are already residents in the County.
Mr. cox said the staff has pointed ou~ in its report that the County has
lost and/or ~s~about to lose 250 lots in other mobile home parks. A represen-
tative of the Piedmont Environmental Council pointed out to the Planning
commission that residential construction doesn't bring people into Albemarle
County. It is jobs and opportunities that do this. He stated that the people
are already in the County, and there is a need for housing. Maybe this plan
is not perfect, but he believes the need is so great that some of these
problems need to be, not overlooked, but lived with and fixed as best as
possible to ge~ this plan underway. There are other sites that would be
better and are zoned already. He doesn't like this site. He thinks it has
some imperfections, but people have got ~o live somewhere.
Mr. Tim Lindstrom, Director of the Piedmont Environmental Council, said
when the Comprehensive Plan amendment was considered last yearr the Supervi-
sors struggled with the issue of this location and the whole issue of afford-
mble housing. After a great deal of consideration, this Board did support the
Comprehensive Plan amendment, and that amendment was extensively negotiated.
The amendment was specifically designed to ensure that a significant number of
mobile homes would be built before the rather considerable commercial plan was
approved, which was required to be developed according to a master plan. The
PEC supports the mobile home park plan because finding a site that has all the
necessary attributes is virtually impossible.
Public/private partnerships for affordable housing, which this Board has
appropriately gotten involved with in Crozet, are very complicated and take a
long time to pu~ together. Available subsidies are getting smaller all the
time. To the Council, this plan seemed to be the best opportunity to replace
the rather significant depletion of this kind of housing in Albemarle County.
Also, the site is close to the biggest employment centers in the County. The
PEC supported the CPA and also supports this proposal.
Mr. Lindstrom said an preparation for this meeting, he looked carefully
at the application and more carefully at the Zoning Ordinance, which governs
the location of mobile home parks. The ordinance is very stringent and very
detailed. There will not be another Rio Road or Southwood mobile home park
problem because the current Zoning Ordinance will not allow that to happen.
In addition, Mr. Lindstrom mentioned that he, Reuben Clark and Francis Fife,
went to Verona to visit the mobile home park to which Mr. Wood alluded. He
said Mr. Wood has operated this mobile home park in Verona for over 20 years.
It is a well-managed park, and it is a decent place to live, although not the
best place in the world to live. It is a lot better than most people have a
chance for in that income bracket. This gives him some confidence that this
park will be managed in a decent and appropriate fashion.
Mr. Lindstrom said he also examined the proffers, and they have improved
dramatically since last night's Commission meeting. He believes County
officials will get what they are bargaining for because they will get a mobile
home park or the zoning will change to RA zoning. If the mobile home park is
approved, it will be approved for 15 years. Ail of these things were negoti-
ated during the Comprehensive Plan amendment, and he thinks they all need to
be taken as part of a package. Ail of the things that the people have said
tonight point our the reasons why it is very difficult to locate a mobile home
park satisfactorily. He pointed out tha~ this site probably has the least
immediate residential development adjoining it than any site that is likely to
be found, and the type of utilities that are available makes it more desir-
able.
Mr. George Dellaganna said he addressed the Planning Commission last
night, and got an educat'ion there. One of two things that struck in his mind
from last night's civics lesson was that by the time the public hearing is
held, the decision has already been made. The second thing he learned is that
the Planning Commission is very concerned about what is happening today, but
is not too concerned about what is going to happen 15 years from now. He
wonders what will happen to the 236 families in the mobile home park 15 years
from now when the zoning ~hanges. He feels that issue needs to be addressed
now. It seems that this is the only option people with a low income will ger,
July 14, 1993 (Regular Night Meeting~
(Page 22)
and this will be a low-income neighborhood. Fifteen years from now it will
also be the neighborhood from which these families will have to move.
Mr. Dellaganna said the school issue has been addressed, but he has
gotten some figures that ~hould be of interest to this Board. From the redis-
tricting material he found that there are currently 104 empty seats at Broadus
wood, 51 empty seats at Agnor-Hurt, 79 empty seats at Woodbrook, and Hollymead
is 109 seats short. This leaves approximately 125 empty seats in the area.
According to the Plannin~ Commission, it is estimated that there will be
approximately 81 students in the K-5 grades from this mobile home park to go
into the elementary schools. He does not think that this figure is correcm.
He based his numbers on what happened at Forest Lakes where the student
population is approximately one-half student per household. Assuming low
income families have the same number of children as middle income families,
there would be one-half Child per household from the mobile home park which
would be closer to 120 or 125 students £n grades K-5. This number of children
will fill all of the empty seats that are currently available.
Mr. Dellaganna said he went to the School Board meeting on Monday, and
the School Board was concerned, after,looking at the Capital Improvement~
Program, as to where the extra seats ~guld be found. He believes the ~mprove-
ment proposed at Woodbrook will add approximately 100 seats. The School Board
is also planning for chi~ren from Forest Lakes South to go to Woodbrook
School. They were not only concerned about the extra students from Forest
Lakes South, but are also worried as to how the students from the other
subdivisions planned to be built in that area will be handled. He thinks a
hard look needs to be given as to how the students will be accommodated in the
County schools.
Mr. Truby Kegley remarked that he gave Mr. cilimberg some pictures of
some nice, well-kept mobile homes in a mobile home park in Western Albemarle
County. If the Supervisors can say the Pledge of Allegiance where it speaks
of liberty and justice, then they need to approve the plan for the mobile home
park since the low to middle income people in Albemarle County have nowhere ko
go. He noted that 250 mobile home sites have been lost in Albemarle County.
He does not know where the S700/month figure mentioned earlier came from, but
it is false. He lives i~ a mobile home because he chooses to live in a mobile
home. He could afford t~buy a house in Albemarle County, and he owns
property in Fluvanna County.
Mr. Kegley said that in a decent mobile home with three bedrooms, a heat
pump, and upgraded carpeting and insulation, it might be possible to hear
sound from a plane flying over. He cannot hear Pegasus when it flies over his
trailer, but he knows people who live in homes across the street and they can
hear Pegasus when it flies over their homes. The incomes of some of these
people have to be considered because County officials are not promoting new
businesses in Albemarle ~6unty as they should.
Mr. Kegley thanked Mr. Wood for making this housing opportunity for some
of the people who are less fortunate. He reminded the people in the room
that, in his opinion, a person is supposed to love his neighbor, and try uo
help him. He understand~'~that there is a 15 year time limit for this mobile
home park, but for a lot of people, if they can have ten or 12 years in a
mobile home, they can bring up their income capabilities to get into a regular
home. He heard one lady state at this meeting that trailers depreciate. He
asked the Board of Supergisors, if trailers depreciate, why hasn't his
appraisal and the taxes on his mobile home done the same thing in the last
four years. There was one mobile home located approximately thres trailers
away from where he lives. The owners bought the mobile home for $21,000.
Three years later Bukrim Mobile Home Realtors sold the mobile home for
$24,500. If the traile~ is well-kept, and a person takes pride in it, it can
keep its value.
M~. Kegley said that now it is the middle-class people who are going
into mobile homes. It is hard for people who work at places such as Hardee's
and McDonald's to get into a new mobile home because there has to be a down
payment, and the person has to pay rent. It is possible to get the financing
on a decent mobile home. The cost of his mobile home is approximately
$30,000, with a purchase price of $26,000. The extra cost was due to putting
in a heat pump, upgraded insulation, carpeting and sheetrock and changing the
windows to triple pane. He said a person gets what he pays for, but a person
needs to go to a reputable dealer. It is possible to get a nice mobile home
that will last for 20 to 30 years. He knows of a mobile home in Fluvanna
County which a man has had for 22 years, and it looks as it did the day it was
put in the spot on private proper~y. It is all in the pride of the owner.
Mr. Kegley said there is talk about the other mobile home parks being
mismanaged and that they are an eyesore. If anyone comes to the Crozet mobile
home park and looks around, that person will see that it is a well-managed
park. If a person does~not abide by the rules, that person is gone. He
understands that Mr. Wood is representing the same type of trailer park. As
far as the planes flying over the mobile homes, there are few plane fatalities
around airports, there is about as much chance of him falling down on a banana
peel and breaking his neck. A person takes a chance at life every morning
when he or she gets out of bed. Everyone's days are numbered, but only God
knows how many days ~veryone has. He could be killed tonight in a car wreck,
or a plane could fall on him driving down the road. He agrees that this is
not the perfect plan as-~ar as putting the mobile homes near the Airport, but
July 14, 1993 [Regular Night Meeting)
(Page 23)
some of the less fortunate people of Albemarle County need a place to. call
home.
Mr. Craig VandeCastle stated that he would be speaking for Mr. Willie
Birckhead, a friend of his who is the son of the owner of the property shown
on Tax Map 32, Parcel 46. He said Mr. Birckhead's concern is with Condition
Number Nine, which is the access condition on the special permit. He noted
that the Birckheads originally owned 140 acres. Since 1850, according to Mr.
VandeCastle, the Birckheads have made conveyances to different people which
are found if tax maps and surveys are examined for the different Birckhead
estates and ownerships. Mr. VandeCastle commented that Parcel 46 is a long
parcel, and he noted that the Birckhead's access to Route 606 is across the
Wendell Wood property. Mr. VandeCasnle stated that this has always been the
case, and Mr. Birckhead Wo~ld like for nhis access to be protected.
Mr. Bowerman asked if there is a deed of easement involved with this
property. Mr. VandeCastle replied that he does not have definite information.
Mr. St. John informed Board members that nothing they can do will either
enhance or diminish a private right-of-way. Mr. Cilimberg explained that the
situation to which Mr. VandeCastle is referring is the reason for Condition
Number Nine and he read the condition which provides for provision of access
to Tax Map 32, Parcel 46.
Next, Mr.~ VandeCastle staned that Mr. Birckhead had asked him to make
appropriate comments relating to a discussion with Mr. Bill Fritz where it was
indicated that there were some uncertainties as to whether this mobile home
park could be built. He said Mr. Birekhead wonders why this Board would take
action on this proposal when it appears as though the applicant could provide
more definite information'on certain matters before the Board is called upon
to make its decision. Mr. VandeCastle referred to the Comprehensive Plan
amendment and said the intent is to provide affordable housing. It seems the
Board should know for sure that the road can serve the intended development
and that the houses intended to go there will meet ordinance criteria.
Mr. VandeCastle remarked that 110 feet has been mentioned as already
going from the fartherest point of Mr. Wood's boundary line, and it appears
that this 110 feet cannot be altered, but he wondered to what the 110 feet
refers. If Mr. Wood has alternate plans which he believes are acceptable, why
aren't those plans here now. He noted that Mr. Wood said he feels confident
that the mobile home park will be approved. Why, then, is he asking the
Supervisors to make a major land use decision without more evidence and with
just his belief that the p%an will pass ordinance standards? In some cases,
setback standards can be WAived, but he does not believe that the sound
standards can be waived. The Birckheads are also concerned about screening,
and he hopes that there will be adequate vegetative screening. The Comprs-
hensive Plan amendment recommendation said that adequate screening was to be
provided between industrial and high density residential areas. Parcel 46 is
a 28-acre parcel which is partially pasture and partially woodland and which
Ks zoned RA. This particular parcel will suffer more than any other from the
loss of the existing vegetative barrier, and he would hope to see as much of
it retained as possible.
(Note: Mr. Bain left the room at 10:58 p.m. and returned at 11:00 p.m.)
Ms. Billie Kaset, from Earlysville Forest, thanked the Supervisors for
staying awake and listening to everyone's comments. She said the citizens are
sincere in needing the S~ervisors' attention to this matter because it is the
citizens' lives that are on the line. She too got a lesson in civics last
night that was a very difficult one to hear. She hopes the Supervisors still
have open hearts and minds, and that they did not come to this meeting with
their minds made up already, and that this is not really a farce. Many of the
citizens left last night'S Commission meeting feeling they had wasted every-
thing coming to that meeting because they weren't heard.
She will not reiterate all of her concerns, but she is seriously
concerned about Route 743. It is a dangerous road and will become far more
dangerous. No one can know how dangerous Route 743 is unless they travel it
every day and see the kinds of things that are happening on that road. She
would fear having many more cars put on that road. She is also concerned
about the mobile homes sot having enforceable limits on them. Who will be
trying to enforce the limits three or four years from now so that people will
ha~e mobile homes where the nolse is buffered. She doubts that these regula-
tions will be enforced.
Ms. Kaset asked for responsible planning in the way of roads and schools
prior to putting in high'density homes. She is not opposed to the mobile home
park, but would prefer less people to be living there. She asked the Supervi-
sors to compare a situation where there might be a house on an acre lot. She
said Mr. Wood is proposing putting 40 families on that same size lot. She
asked if any ~upervisor would vote for this trailer park to be next door to
his house wit~ all of the traffic problems and all of the school pr?blems.
She feels it ~s easy to vote yes if it is outside of the Supervisor s area of
feeling or knowledge. She invited the Supervisors to become a part of what
the citizens ~n that area will have to live with if they vote yes to this
~ proposal. She said Mr. Wood Lndieated that economics would be working against
him if the density was lowered. She does not believe that. As to Mr. Wood's
comment earlier about the amount of money he has given, she apologized for
talking out in public when it was not her turn. She thinks the process here
July 14, 1993 (Regular Night Meeting)
(Page 24)
has made people afraid that something had been done before the public had a
chance to speak. She hopes the people's voices a= this meeting are jus= as
strong as someone who has money.
Mr. Harold Sheeby,. an Earlysville resident, stated that he has been
sitting at this meeting foY approximately three hours, and knows nothing about
this issue, so he is speaking unprepared and without any notes. He thinks one
point has been missed. He looks at the situation as a great deal for Mr.
Wood. He wonders, however, how good a deal it is for the low-income individu-
al. These individuals need s lot of help, especially in this area. There are
more low-income people in this area than there are an many places of the
country where he has been. This group of people is getting bigger and bigger
because there are no jobs available. Tha= means there is less competition for
the people who are hire low-income people. If there was competition, it would
force some employers to pay more money.
Mr. Sheeby said he does not understand how a person can buy a mobile
home for $30,000. In today's market, for $20,000 a person does not get very
much. Where will people get the $20.000 or $30,000 that they need. These
people will have to borrow the money and finance it over 15 years; there is a
15 year deadline on this mobile home park. There is even the possibility that
the people will be asked to move from this park after 15 years. After that
time, the mobile home will be complstely depreciated in most cases, and these
people will have invested $70,000 to $80,000 in that home. How will the
people get out of this ~'ituation? Mr. Wood, on the other hand, according to
Mr. Sheeby, remains on very valuable property, which in 15 years, has appreci-
ated. He said Mr. Wood can then turn it over to some other enterprise and
oain by this. It will be the poor individuals who are going to put their low
income money into a mortgage, and have it do nothing for them in the end
except that they will have a mobile home which will have to be moved and put
somewhere else. This is going to cos= more money, and he asked from where
they will get this money.
Ms. Reecye Modney spoke again. She said that this is just for levity,
but she could probably get $250,000 together, and asked if there is something
she can do for the County. She mentioned that there was a gentleman earlier
who wanted to put strobe l~ghts on a tower, and he was told he couldn t do ~ .
She asked why. She said that she had asked a question earlier about the
emergency access road. She asked how the Board feels about emergency access
roads that are chained. She said that, again, the Supervisors will not answer
the question. She commented that Mr. Cilimberg made a statement that the
interior roads will be one ownership for a while unless they are subdivided.
She asked what this means. She added that, again, no one will answer her
question.
Mr. Bowerman explained that he believes Ms. Modney is asking whether or
no= the road standards are such that the trailer park could develop into a
mobile home subdivision. He said that initially these roads will not be
public roads, but, instead, they will be private roads, and will not be built
to public standards.
Ms. Modney asked if the roads will still all be owned by the same
person. Mr. Bowerman responded, "yes." He said the roads will be owned by
the same person until such time as that they can be taken over by the public
sector and are dedicated to public use.
Ms. Modney then inquired if each of the individual cul-de-sacs could
become public. Mr. Bowerman replied tna= ultimately, under a scenario of a
mobile home subdivision, that could be the case. He said, th0ugh, that the
roads could remain private. It will depend on what the applicant wants to do
when he makes that application. He stated that the Planning Commission deals
every week with private and public roads.
Ms. Modney then asked wha= will happen to the land after 15 years. Mr.
8owerman answered that the answers to all of these questions are in the
Comprehensive Plan. He said that the designations shown in that are industri-
al, and ultimateiy the area will be for industrial or commercial use. He
added that all of this was discussed last November during review of the
Comprehensive Plan amendment.
Ms. Modney asked why Mr. Bowerman is speaking to her in this manner.
Mr. Bowerman responded that he Ls a little frustrated, and indicated that he
would speak frankly. Articles regarding this matter have been in the newspa-
per eight times, with six of those times being since 1989. There have been
two stories on the front page, and two editorials over the past four years.
It has been advertised by the Clerk of this Board eight times, and, yet, it is
being spoken of tonight as though this is the first time that people have
heard ok the proposal. He reiterated that it is frustrating to spend money to
advertise, because no one pays any attention, until they notice that there
could be some personal detriment to themselves. Then they come forward and
say that they have no prior knowledge of the situation. He said the Supervi-
sors spend a lot of time promoting and advertising everything that happens an
the County.
Ms. Modney asked if.Mr. 8owerman expects her to come to every Board of
Supervisors' meeting. Mr. Bowerman replied that someone from Ms. Modney's
neighborhood association could do that. He said that many neighborhood
associations send representatives to the Supervisors' meetings. Ms. Modney
July 14, 1993 (Regular Night Meeting)
(Page 25)
answered that she does not have a neighborhood association, and that she does
not want to continue this discussion any longer. Mr. Bowerman told Ms. Modney
he thinks she needs to speak to the issue and say what is on her mind, as
everyone else has done.
Ma. Modney replied that this is what she has done. The plans for the
mobile home park have changed a lot since September. This was originally a
mobile home park on Route 29, and she commented that there is not anything
else that anyone can do to Route 29 to make it any uglier, she didn't care
about the location of this mobile home park before because those children
weren't going to go to Broadus Wood. She asked the Supervisors to be fair.
She wondered if it is possible that the FAA will assume that the County has
done its homework and is Willing to accept all of the liabilities, and that
the County officials will~ not bother the FAA with this matter unless they are
absolutely sure that it is safe. She remarked that there was no answer,
again. She asked who sets the criteria for the sound abatement.
Mr. Bowerman answered that it is spelled out specifically in the
ordinance, and he suggested that Ms. Modney check with the Planning Office
staff. Ms. Modney asked if the Planning staff developed the ordinance. Mr.
Bowerman responded that the Board of Supervisors approved the ordinance. Ms.
Modney repeated Mr. 8owerman's ~tatement that the Board of Supervisors
approved the ordinance. She asked who set it up. She asked if it was set up
by HUD. Mr. Bowerman asked Mr. Bain =o respond to Ms. Modney's questions.
Mr. Bain stated that the ordinance is set up by the appropriate engineering
criteria.
Next, Ms. Modney inquired if it takes the FAA two years =o reply if Mr.
Wood will have to start back at the beginning of the process for approval, or
will he get automatic approval after the =wo years. Mr. Bowerman Lndicated
that Mr. Wood has a site plan which has to be considered next if this applica-
tion is approved. That site plan will have to have the FAA's approval
included with it.
Mr. Martin stated that the whole process comes in stages. He explained
that different sets of things are approved, and this is the second time that
this Board has dealt with this issue. There will be other processes dealing
with the same issue, if this application is approved.
Mr. Martin said the reason the Supervisors are being quiet at this point
is because this is a public hearing. This is a situation where the Board is
supposed to listen to what the public is saying, even when questions are
asked. He noted that if there were back and forth responses from the Board to
every individual question from Ms. Modney, or other members of the public, it
would slow down the procesa. He told Ms. Modney that he feels the individual
Supervisors are taking note of every question that she asks, and then when the
Chairman puts this issue before the Board, all of the Supervisors will have
the opportunity to speak to it. Me said that the Supervisors will try to
answer those questions, although, the individual members might have differing
viewpoints.
Ms. Modney stated that she could appreciate what Mr. Martin is saying.
She then asked how many homes would be in Phase One of the project. She also
inquired as to where on the map Phase One is located. She noted that Mr. Tim
Lindstrom had mentioned ~hat the park is close to the biggest employment
center in the area. She wondered what this employment center is. She wanted
to know if a study has been made to determine how many apar=men~s, duplexes
and rental units exist in Albemarle County currently, and what the prise
ranges are. She asked if the Board had ever rejected a proposal because of
highway safety considerations, or if this is Ln the Supervisors' power. She
asked if the Board has ever rejected a proposal because of overcrowded
conditions in the schools, and if this Ks in their power. She wondered if the
Board has ever rejected a proposal because of health concerns, and if this is
in their power. Mr. Bower~an replied that the answer is "yes" to all of those
Ms. Modney next stated that current financing of mobile homes, according
to someone she =alked to in Ruckersville, is available at 10 to 11 percent.
She said~ that most bankers with whom she spoke will not finance mobile homes.
She mentioned that, according to the County, low- to moderate-income families
earn between $24,000 and $37,000 a year, depending on how many children are in
the family. She concluded her remarks by a~reeing that Albemarle County is a
wonderful place to live, and that this is why she lives here. She thinks,
· though, that it can easily be made into a place where people won't want to
live.
Mr. Nat Cuttita, from Bedford Hills, remarked that earlier in the year
when an article about this request was in the newspaper, he contacted Mr.
Bowerman who responded that this matter had been going on for a couple of
months. He added that not everyone gets to glance at every article in the
newspaper. While talking to Mr. Bowerman, he got the feeling that the matter
was settled, even though Mr. Bowerman did not actually tell him so.
Mr. Cuttita when he saw the headlines on Monday, it surprised him. He
did hear all of the remarks at the Commission meeting, but Ms. Huckle remarked
that it is a w~n./win situation for Mr. Wood., and a lose./lose situation for the
people who are going ko be buying these mobile homes, as well as the County
because of taxes, etc. 'He explained that mobile homeowners do not pay taxes
July 14, 1993 (Regular Night Meeting)
(Page 26)
such as average people do. His concern is that the commission voted six to
one for approval, and the County citizens were losers even after the big plea
they made to the commission.
Mr. Cuttita said he wen~ to the Planning office today and saw Mr. Ron
Keeler. He did not know who Mr. Keeler was, but he had seen him at the
Commission meeting. A lady later gave him a card which indicated who Mr.
Keeler was. Mr. Cuttita mentioned Ms. Huckle's statement to Mr. Keeler, and
Mr. Keeler responded that he was really not too much in favor of the project
anyway. He told Mr. Keeler he could no~ believe something like this could
occur with all of the problems that have been pointed out. Mr. Keeler
answered that the problem lies in the fact that there are many trailers in the
City that are shabby. These lots will be cleared out, and the people will
move into this new area. .He told Mr. Keeler he does not think these people
can afford it. In the meantime, Mr. Cuttita said Mr. Keeler walked away, and
that was the end of the conversation.
Mr. Cuttita wondered how these poor people can move from their shabby
places that they can't afford to improve and go to a new place. He agrees
with Ms. Huokle that thin-would be a win/win situation for Mr. Wood and a
lose/lose situation for the poor families, especially because of the 15 year
time limit. He thinks these families could be saving some of their money for
a down payment on a house. If Mr. Wood was going ro be building an inexpen-
sive house, th~n the land the house is on would be important, along with the
house~ If a home is on somebody else's land, it is not that person's home.
If the Supervisors want the people to be happy and 5o feel as though they have
something affordable, then the people need something that will be on their own
land. He thinks Mr. Wood could sell his land if he is so anxious to make some
money. He concluded his remarks by saying that this is what he wants to
happen.
Mr. 8owerman responded that when this matter was reviewed in November,
many decisions were made in terms of land use considerations. Everything was
taken into account at the.public hearing for the Comprehensive Plan change,
the Airport Overlay district, the entire ownership of this parcel and its
relationship to Route 29 and Route 606, and the fact that it was currently
designated in the Comprehensive Plan for light industrial and commercial
zoning. At that time, specifics such as how many mobile homes would be there,
where the roads would go and the actual rezoning were no~ known. Part of the
give and take between the public and private sector for the use of this
property was settled at that meeting.
Mr. Cuttita replied that he had never mean~ that Mr. Bowerman had not
been honest. Mr. Cuttita said he is not knowledgeable about these things.
What he learned just this week from the newspaper headline caused him to go ~o
the Planning Commission meeting and to this meeting tonight. He reiterated
that citizens, innocently, don't get to see the headlines all the time. He
asked why the Planning office can't have articles in the newspaper when there
are situations £n the different neighborhoods Mr. Bowerman answered that many
neighborhood associations follow every action by this Board, the Planning
Commission, and the School Board. He added that this is often the way things
are communicated throughout the County and City.
Mr. Cuttita stated-that citizens need to know what is going on a~ the
planning level. He said he always thought it was the Supervisors who made the
final decision. Mr. Bowerman emphasized that there were articles in the
newspaper relating to these public hearings, and advertising was done by the
~oard's Clerk and by th~Planning staff. Information was also on the radio.
This was public business which was conducted in public.
Mr. Cuttita responded that he understands about neighborhood associa-
tions, and the people who live in those neighborhoods always hear about the
problems that affect them. He believes that when there ~s a situation which
affects a large neighbor.hood, such as 236 houses, then the situation should be
made more public. It should not just be advertised in newspaper headlines,
but the Plannin~ office needs to have some big notice which would show what is
going to happen in that neighborhood. He almost missed this morning's article
in the newspaper because it was in the bottom left hand corner of the paper.
The media is not responsible for situations such as this one. The Planning
office should be responsible for making it clear to the citizens when there is
somethin~ that affects a~lot of people. He does not expect notification of
every little thing. If someone could get this word to Mr. Keeler, then these
types of situations would not be going on all the time where people are
upsetting the Supervisors, and everyone would not have to s~ay at the meeting
al~ nigh~ trying to resolve them. He told the Supervisors that he is sorry
that they have to stay se late because of this matter.
Mr. Bowerman asked if there was anyone else who wished to speak. No one
else came forward, so Mr. Bowerman asked Mr. Wood if he wanted to make any
remarks.
Mr. Wood said he wanted to briefly respond to a couple of items to clear
up what he considers to be a misinterpretation. He realizes the Supervisors
are aware of his $250,000 contribution, but the public obviously is not, and
he would like to clarify it. This money was in the form of a contribution ~o
build a sewer line that his company constructed out to the Airport. The
Airport is controlled Dy the FAA. It was no~ a donation to the FAA.
July 14, 1993 (Regular Night Meeting)
(Page 27)
Mr. Wood said he has faith the Supervisors can decipher the statements
made. He noted many misstatements were made tonight about the cost to live in
a mobile home. He said it costs less than S400 a month. He also mentioned
that he has been in this business for 27 years, and as far as depreciation is
concerned, most mobile ho~es resell for more than the original sale price. He
reiterated that this is not a new venture for him and not something he just
started. One lady mentioned putting 40 units on an acre. He noted that
instead of 40 units per acre, there will only be four units. He suggested
that if the people would listen to the facts and go see what actually has been
done, the fear that has been brought out about the mobile home park being in
the Broadus Wood School District would not be present. He said this Board
knows misinformation has been given at this meeting. He offered to answer any
questions that the Board wished to ask.
At 11:27 p.m., with no one else rising to speak, Mr. Bowerman closed the
public portion of the meeting and placed the special permit application and
the rezon~ng issue before the Board.
Mr. Martin said the~public can call the Board Clerk's Office, as well as
the School Board Clerk, and have their names put on the mailing list to get a
copy of all agendas. He~"stated that during the last discussion about this
matter, it was assumed that the children from the mobile home park would be
going to Hollymead Elementary because that is the way the district lines were
drawn. Now the lines are'being redrawn to put this area in the Broadus Wood
sohool district, but there is reason to believe that by next year, or two
years from now, the lines may be completely different again.
Mr. Martin said th£~property lies within the Rivanna District. He has
not heard any comments from anyone in Forest Lakes, Hollymead or his own
neighbors in Terrybrook. This is ~mportant because of the concerns expressed
with school districting. He said there is capacity in the system. People are
saying that the school system is just getting started with its enrollment, but
in 1988 when he was on theSchool Board, there was s long range plan drafted.
That plan shows exactly what is expected to happen at Broadus Wood Elementary
School this year and for the next several years. That long range plan talks
about a new southern school (Cale Elementary School), and another new elemen-
tary school (Aqnor-Hurt). County officials knew the County was growing. They
have done a good job over the years predicting how much the County will grow
in terms of students, if the plan is considered county-wide. That long range
plan started in motion a lot of what is being seen today, such as the two new
elementary schools, the revamping of Murray Elementary and renovations a~
Broadus Wood.
Mr. Martin said the capacity is available in the school ~ystem, unless
people are moving from outside the County. The students in the County will
have to go to school somewhere, anyway. The problem lies in the fact that the
specific area cannot be determined, so this means that redistricting has to
take place every year. ~his is the first year since he has been involved with
the School Board or the Board of Supervisors that there was not a redistrict-
ing to move the capacity around. Each time redistricting is done, the people
affected get upset and come to these meetings.
Mr. Martin mentioned that the CIP ~ncludes the possibility of building s
new northern elementary school. The Board also discussed last week, building
another high school. When the additional elementary schools were built, it
was known that the children attending those schools would eventually become
middle school age, so in'~988 a new middle school was predicted, ~s well as a
third high school. It is not as though all of this has come about without any
warning. Ail of it has been in the plan, but lines have to be shifted for the
different school districts in order to keep school populations equalized.
This is what he wanted t~ say about the issue of where the children in the
mobile home park will be going to school. Someone said there was a lot of
politicking going on, and children were moved out of the Hollymead School
district and into the Broadus Wood School district. The simple reason for
this is that Hollymead is over capacity and Broadus Wood is under capacity.
That is where the decision rests, and not with any type of politicking behind
the scenes. Mr. Martin said he has not addressed the issue of the trailer
park; he will do that later.
Mr. Bain commented ~hat many of the ~and use concerns expressed by the
citizens tonight are ~mportant. He said the Supervisors deal with these types
of issues every month, and the citizens do not. He mentioned that people in
North Garden did not know about the Comprehensive Plan amendment until he
asked for a decision from them about the changes. The Supervisors have tried
to address the concerns, but the availability of infrastructure has to be
considered, and the growth which is coming to this oommunity whether or not it
is desired, has to accommodated. The Supervisors don't have the power to stop
the growth.
Mr. Bain said Virginia is not like some states where, if the infrastruc-
nure is not in place, someone else has to pay for it, or rezoning does not
have to be granted and buildings don't have to be allowed. He reiterated that
Virginia does not have these rights, and the County is restricted in terms of
what it has the authority to do or not to do. As far as the Comprehensive
Plan is concerned, Mr. ~af~ said, in addition to what was adopted last fall
for this particular area, other changes have been discussed as to how the
people, businesses and industries will be accommodated~ Roads and schools
never come before development in any community, but some communities do a
July 14, 1993 (Regular Night Meeting)
(Page 28)
better job than others of keeping up with changes. He said the Henley Middle
School has used six or more trailers for years. Plans are made to accommodate
growth as quickly as it can be accommodated given the cost and the County's
debt service. None of these are easy issues.
Mr. Bain recalled the discussion last fall about the access points to
Route 29, which under the current plan, have decreased from 11 to three.
County officials have been trying to do something with that section of Route
29 for approximately ten years~ and little progress has been made. In
response to a comment that a Planning Commissioner made saying safety and
health are not important, Mr. Bain said he believes safety and health do not
take a back seat to anything. The overall picture has to be considered,
accommodations have to be made, needs have to be examined, and the greater
needs have to be decided upon. Every time the Supervisors take a vote, they
do this, but it doesn't make it any less difficult to make a decision on this
issue. Mr. Bain said he was extremely concerned about the lack of ownership
of the lot on which the mobile home will be placed, and this was discussed in
detail. The discussion centered around helping people to buy into the
property and having a piece of land on which they could make improvements.
The people will probably improve the property, even if they are renting, Lf
they know it is for a reasonable time. Such a stipulation is not in this
proposal, but he would like =o go further with this issue. He believes this
plan does provide for some lower-cost housing that is needed in Albemarle
County.
Mr. Bowerman said he thinks everyone recognizes that a mobile home park
or mobile home subdivisienl is a transitional use. The problem the County has
had for years involves having utilities available on an appropriate piece of
land that isn't so overpriced mobile homes cannot be put on it. County
officials have spent the better part of ten years talking about this subject,
and this is the first time a piece of land with readily ~ccessible utilities,
a decent road infrastructure and a commitment from the developer to keep the
project in place for a certain period of time, has gotten to this point in the
process. The Zoning Ordinance was amended six or seven years ago in anticipa-
tion of a project such as this one. The mobile home park is not without its
problems, and they have been discussed tonight. He thinks the Supervisors
were aware of a majority of these problems when the project was examined last
November. It Ls not a perfect solution, but it is a workable one.
Mr. Bowerman said that approximately 11 or 12 years ago he was a member
of the Planning Commission when the Earlysville Forest Subdivision requesm was
brought before the Commission. There were concerns about Chris Greene Lake
in terms of the runoff from the development. There were also concerns about
the Airport Impact Area because some of the houses are located in that area.
There were concerns raised about traffic on Route 743. There were concerns
raised about the impact this development would have on Breadus Wood Elementary
School. This was taken into account when Breadus Wood School was improved the
first time. All of these were considered ten years ago when Daley Craig came
to the County and said he wanted to create a community of moderately priced
homes. The basic home in Earlysville Forest, ten years ago, cost approximate-
ly $90,000. There were problems with that proposal, but it was approved, and
sow there are 200+ families living in the subdivision.
Mr. Bowerman said he.will not apologize for the planning that is done
for the Counuy because he thinks County officials do as good a job of planning
for this County as anywhere in the country. There is a 20-year plan and a
five-year plan, but all that anyone can do is look at the facts and make the
best educated judgment possible about the future. The County has a 20-year
transportation plan to deal with this community's transportation problems
through the year 2015. The County has a 10-year, long range plan for the
schools. It is known new that a new elementary school will be needed in the
near future. In a democracy, Mr. Bowerman explained that there is not the
flexibility to pay for these things before they are needed, because the voters
won't put up with it. He said the need is created, and then improvements are
made. In the meantime, the school system uses trailers temporarily because
there have to be enough children to fill a new school. Mobile classrooms are
put at Broadus Wood, Hollymead and Woodbrook, until a school such as Agnor-
Hurt is built.
Mr. Bowerman said Albemarle County is a growing community, and this will
continue. County officials will plan for this growth as best they can, and
there will be discussions, such as the one tonight, where there are honest
differences of opinion about some of the facts. He emphasized that the
Supervisors try to plan for this growth, and spend heurs examining these
subjects. There will be some frustration shown at times when issues that are
fully in the public record and have been fully discussed are approached as
never having been discussed. It is frustrating that this Board, the Planning
Commission and the School Board spend so much time advertising what is being
done, yet there is a total lack of interest by the general public in the
activities that take place. This is why he talked about neighborhood associa-
tions. There is only so much the Supervisors can do to communicate to the
public what is affecting thsm today and not affecting them tomorrow, when
there are nearly 70,000 people in the County. He reiterated than County
officials do the best job they can do, and he thinks that they do a good jeb.
Mr. Perkins said he thinks the Supervisors are preaching too much. The
hour is late and he thinks the Supervisors need to stick to the issue. He
asked what the build-ou~ period will be for this mobile home park, or the
July 14, 1993 (Regular Night Meeting)
(Page 29)
yearly need for mobile homes in this County. Mr. Wood responded that the 236
unit build-out would occu~ within three years.
Mr. Perkins said he believes Mr. Wood said the plan is no~ exactly what
he wanted, and it is not what he (Mr. Perkins) envisioned when the Comprehen-
sive Plan was changed. Mr. Perkins said he does not believe the traffio that
is going to be generated should be handled by Route 606, but one of the condi-
tions is that Mr. Wood will have to come back to this Board before he can get
access to Route 29. He thinks one of the conditions should indicate that the
projec~ should have access to Route 29 now, as well as Route 606, however, he
thinks the primary access should be from Route 29. He asked the reasoning
behind putting the ~raffic~-on Route 606 when it has to travel Route 743 to
come to Charlottesville,.or it has to go out by the Airport, which is probably
the most dangerous inter~ection in the County, to get to Route 29. Mr.
Perkins said he thought when the discussion relating to affordable housing
took place, that the access to Route 29 was one of the things that Mr. Wood
was using to get this Board's approval. Mr. Wood replied that he has no
objection ~o the trailer park accessing Route 29.
Mr. Bowerman said that is not the issue. The issue relates to the fact
that if there is to bs access on Route 29, there has to b~ a north and south
access. This has to be d~ne with a crossover, and the Highway Department is
eliminating crossovers. He reiterated that the Highway Department is not
going to approve a crossover, and ~his Board has ~o work with the facts.
Mr. Perkins argued that there has to be a crossover sometime for the
thr~e proposed accesses ~6 Route 29. Mr. Bowerman agreed that this is
correct, at some point, if Mr. Wood wants to have further development. He
said, however, that the crossover will have to be a~ a different location.
Mr. Perkins said agaln that he thinks Route 29 should be accessed now.
Ne stated that what Mr. Wood is proposing at this time is certainly a develop-
ment. Mr. Cilimberg commented that Mr. Perkins is exactly right, and that Mr.
Wood has indicated the entrance which will have access to Route 29. One of
the reasons for the delay of this access, however, is that VDoT officials are
just as concerned about creating a crossover as Mr. Bowerman pointed out. He
said this is a situation where Route 29 is taking on a whole different
character in the eyes of State and Federal officials. Route 29 has been
designated a National Highway ~ystem road, with limited access, for ths
future. The difficulty lies in getting positive feedback from VDoT officials,
and they have been very negative about making this connection to Route 29.
That is why the access to'Route 29 was divorced from this issue, so the Board
could proceed with the matter tonight to see what could be done with the
second phase of the development of this overall property. Mr. Cilimberg
remarked that there is a committee being formed to deal with the whole
corridor from the South Fork Rivanna River to Warrenton, so the County is
caught in th~ middle in dealing with these types of situations. He reiterated
that Mr. Wood is exactly right, as far as the way he has presented the
accesses to his project.
Mr. Bain asked the width of the Airport Impact Area from the runway to
the property ~n question. Mr. Cilimberg showed Mr. Bain the location of the
runway on the map, and he stated that it projects south. There is a fan a~
the end of the runway which is the safety impact area, and it rises as it
moves in distance away from the runway. He used a scale to demonstrate the
safety, impact area, and he said that the runway itself projects inte the edge
of the property approximately 1200 feet. He noted that if the fan ls consid-
ered, it might be as kittle as 500 to 600 feet to the safety zone.
Mr. Bain asked the requirements for the safety zone. He asked if the
safety zone, before it fans ou~, is 300 feet. Mr. Cilimberg replied that at
the south runway the clear zone is 1000 feet where it connects to the primary
surface, which is the runway. At the southern boundary of the fan, the clear
zone is 1750 feet.
Mrs. Humphris remarked that Mr. Bain has strong feelings about the
zoning of this property, and she asked him to add~ess the issue. She then
asked about the possibilit3 of having an R-10 designation. Mr. B~werman
responded that the property ~s going to be used for commercial/industrial.
The Comprehensive Plan does not show any type of residential other than this
particular use. The Plan would have to be changed again for any other use.
Because of the Airport, the whole area is designated long term for industri-
al/commercial use.
Mr. Bain explained that in reality the property is zoned R-15. He said
that Mrs. Humphris might be correct about the R-10 designation sometime in the
future. Mr. Bowerman agreed that the property is zoned R-15, but he said that
the property will not b~used for that because of the economics. He added
that it is almost impossible to approve this plan because of the economics.
Mrs. Humphris wondered if the proffer relating to the use of the
property for the mobile home park could indicate that the property would be
used for the mobile hom~ park for not less than 15 years after build-out. She
thinks that this would be a good idea. Mr. Bowerman stated that if the
indicates that ~he property can be used for a mobile home park after
build-out, it could mean that the mobile home park might be in existence for
18 years. Mrs. Humphris agreed that this is true, if the build-out takes
three years. Mr. Cilimberg and Mr. Bowerman remarked that this ~s a proffer
July 14, 1993 (Regular Night Meeting)
(Page 30)
by the applicant, and he would have to agree to it. Mr. Bain recalled that on
Page Three of the Comprehensive Plan amendment, the language indicated that
there would be a minimum of 15 years for the use of the property. Mrs.
Humphris asked Board members to share their thoughts with her on this matter.
Mr. Martin said he would like to hear what the applican~ has to say
about it. He asked Mr. Bain if he is concerned about the Comprehensive Plan
amendment language indicating a 15-year time limit. Mr. Bain replied, "no."
He was just pointing out where the 15-year time limit came from, and he
reiterated that the language indicates a minimum 15-year time limit. Mr.
Bowerman explained that the Board wanted a 15-year time limit on the plan so
there would be a significant period of uime the mobile homes could be occupied
on this property.
Mr. Marshall commented that the time limit keeps increasing. He thinks
the time limit should be kept at 15 years. He said he has listened to more
untruths tonight than at any meeting he has ever attended. He said he flew
into Charlottesville yesterday from Orlando. When he left the Orlando
Airport, it was hard to see where the runway ended and the houses started. He
observed the same thing when he landed in Charlotte, North Carolina. When he
got to Charlottesville, he saw a lot of trees. There is no congestion around
the Charlottesville-Albemarle Airport. He suggested that if people want to
see congestion, they should go to some of the other cities.
Mr. Marshall mentioned cost. He asked how many people know, the average
price of a lot in Albemarle County. He pointed out that the coat of a lot in
Albemarle County is more than one of these trailers cost. He then inquired as
to the interest on $30,000~ for 15 years. He stated that people are always
talking about affordable housing, but he wondered where cheaper housing than
$400/month can be found. He has a lot of rental property in Charlottesville,
and he has nothing that rents for less than $800. He said a person cannot
find s home to rent in Albemarle County for anywhere near what it costs to buy
a trailer. He asked if it is Petter to rent property au $600 a month or buy a
trailer for $400 a month~ He asked the Board to think about it. He said that
the way the trailers are built today, they are better than his house. He
recalled that when this matter was discussed before, a ~entleman pointed out
that a house would not last very long if it was put on a trailer and driven
down the road. He said that people talk about affordable housing and traffic.
He has lived in Albemarle County all of his life, and he remembers, as a
child, that if a person was hitchhiking to Charlottesville on Route 20 South,
that person might not ever get a ride. He added that today 8000 cars go by
his driveway in eight hours time. He said that it is a fact of life that the
County is growing, and if the traffic is not coming from his district, it is
coming from Buckingham County.
Mr. Marshall said the County is changing, and the Supervisors have to
change with it. Most of the people who came uo this meeting have lived
somewhere else. He is concerned that there are people who were born and
raised in this County who don't have as education, and they do not have a
decent place to live, and they don't have a decent place to work. He comment-
ed that he ran for this office for two reasons, affordable housing and decent
jobs for the County citizens. He added that he was going to stick by these
reasons. He asked the other Supervisors to approve this application.
Mrs. Humphris stated that she has a ~ot of questions that she still
needs to ask. She asked M~. Wood if he would give any consideration to a time
limit of 15 years after build-out, and if he plans to complete the build-out
in three years so that the-latecomers could have a 15 year opportunity. Mr.
Wood told Mrs. Humphris that he will consider this, but he went on to remind
her that the time limit was negotiated by a committee. Mr. Bowerman said that
this committee was not official, and the committee was formed because of
concerns raised by the public. Mr. Wood stated that if he has to negotiate
again, he will do so, but he negotiated in good faith with that committee. He
and the committee came up with these solutions, and he would like to honor
them.
Mrs. Humphris asked~what is involved with Phase One. Mr. Wood replied
that the first proposal showed the mobile home park further south, and staff
wanted it to be placed more to the north. He said the mobile home park plan
has now been moved to the north, and the first phase will be the northern
portion.
Mrs. Humphris inquired if the first phase would be north of the spine
road. Mr. cilimberg and Mr. Wood responded that the first phase would be
north of the entrance road.
Mrs. Humphris said one of the things brought to her attention today that
seems to be a major problem in mobile home parks, and even affects the mobile
home park in Verona, is the lack of outdoor storage. She wondered if it is
possible to have some provision on the site so that people would have some-
where for outdoor storage. She said the outbuildings that people put around
their trailers become a problem.
Mr. Bowerman said this situation is covered with specific requirements
in the Zoning Ordinance. Ms. Amelia Patterson, Zoning Administrator, respond-
ed that this was seen as one oi the issues with mobile home parks because
there is a lot of clutter. She said the Zoning Ordinance speaks to this issue
specifically, and it indicates that an outdoor living area shall be provided
July 14, 1993 (Regular Night Meeting)
lPage 31)
for each mobile home lot. It has to be at least 100 square feet, and it has
to be hard surfaced. In ~ddition, there is some language which speaks to
providing an area for recreational vehicles to be stored, which might be
necessary beyond the limits of the lot. She noted that the language in the
Zoning Ordinance also addresses storage sheds.
Mrs. Humphris inquired as to whether storage sheds are allowed. Mr.
citimberg read from the Zgning Ordinance that, "An outdoor living area shall
be provided on each mobiUS'home lot. At least one hundred square feet shall
be hard surfaced. Storage buildings not to exceed one hundred fifty square
feet in aggregate shall be permitted in a designated area on each lot.
Additional storage facilities may be provided in common areas."
Mrs. Humphris emphasized that the existence of these outdoor storage
buildings is one of the major detractors from a mobile home park. She
wondered if there could be~a provision, even if the area had to be rented, for
storage areas away from the individual home sites. Mr. Wood replied, "no."
He went on to say that t~e trailer park in Verona has the same regulations as
Briarwood relating to outdoor storage buildings. Upon approval, a designated
structure will be allowed. A person canno~ put up a canvas bag. It has to be
a shed, and most people ~o have these structures use them for lawn mowers and
bicycles, etc. He has to.provide a path if a person desires to build a shed.
He said the people in Briarwood are allowed to have a shed on their property,
and he pointed:out that t~he lots in Briarwood are 30 percent smaller than the
proposed mobile home lots.
Mrs. Humphris asked~if this separate storage building could be put off
site from the mobile home lots. Mr. Wood said there are several such rental
places in the Route 29 area now. He is not sure how such a plan would be
accepted by the mobile home families.
Mrs. Humphris said since none of the other Supervisors seem to be
interested in a separate storage building, the best she can do Ks suggest that
Mr. Wood consider this during site plan review. The buildings of all differ-
ent designs and materials are a problem and are a detracting factor in any
mobile home park. She thinks a separate building is worth considering, and
since Mr. Wood is an entrepreneur, it might even be income producing.
Mrs. Humphris said the Board has delved deeply for a long period of time
into the need for affordable housing in this community. When the public
missed all of those discussions, in addition to all of the other things that
have been discussed and planned, it is hard for the people to understand how
the Supervisors weigh and measure the positives and negatives of a situation.
If this group of people did not hear the other people before this Board
telling o~ the need for affordable housing, they cannot understand how deep
and broad those needs are. She thinks the people at this meeting tonight will
have to trust the Board and the Commission in ~heir decision-making because
the Supervisors have been dealing with some of these problems for a long time.
It is a very difficult ba.lancing situation. She added that nobody wants to
deliberately put somebody in an airport approach zone, but it may be the only
place avaitable at this ~me.
Mrs. Humphris told the group that what it doesn't know is how long the
Supervisors have been searching for a place where people could have affordabls
housing where there are utilities available. She thinks the best thing to
come out of this situation is that the public is aware sf its responsibility
=o participate in the Comprehensive Plan review process when it starts this
Fall. If the citizens had understood about the Comprehensive Plan amendment
discussed in August, September and October of 1992, she feels they would have
participated and would have followed and been a part of the process. Just
because some of the citizens missed ou~ on that process, she hopes they won't
miss out on it again. It is the public that tells the Supervisors what it
wants, and that is the framework within which the Supervisors have to operate
to do the balancing. Sh~ tells everyone who calls her that it is not a
question of whether the County is going to grow or not, but it is how it will
be done. 8he hopes the citizens will continue to tell the Supervisors how
they wan~ it done. She, certainly, wants to make sure all children in
Albemarle ~ounty have a fihe education, that the roads are safe and that the
people who live i~ the mobile home park are safe. She concluded by saying
that it is simply not easy to do all of that.
Motien was offered by Mr. Martin, seconded b~ Mr. Marshall, uo approve
ZMA-92-14, with the three proffers from the Planning Commission replacing No.
1 with the language in a letter dated July 14, 1993, from W. Thomas Muncaster,
Jr., addressed to William D. Fritz, Senior Planner, all as follows:
The mobile hame park is proffered for a period of not less
than fifteen years from the star~ of development in accor-
dance with the Comprehensive Plan. During that period of
time, the property shall not be available to any other R-15,
Residential uses except nothing contained herein shall
prohibit the Zoning Administrator from authorizing uses
deemed accessory and subordinate to the mobile home park.
In the event the conditions of SP-93-13 are not met, or at
the time of expiration of SP-93-13 in accordance with Sec-
tion 31.2.4.4 of the Zoning Ordinance, ths applicant shall
permit the property to be rezoned to RA, Rural Areas, by the
Board of Supervisors and thereafter the property shall enjoy
July 14,
(Page 32)
i993 (Regular Night Meeting)
ali RA uses. For the purposes of this proffer, the term
"start of development" is defined as the date of issuance of
the first mobile home building permit. Nothing herein shall
prohibit the Board of Supervisors from granting an extension
of the expiration date of SP-93-13 in accordance with sec-
tion 31.2.4.4 of the Zoning Ordinance.
2. The frontage of Route 29 containing Tax Map 32, Parcels 43A,
43, 42E, 42D, 42B, 42C, 42A and Tax Map 46, Parcel 5, shall
contain not more than three entrances. The County may
require closure of any existing entrances at the time of
~stablishment of any new entrance ~uch that the total number
of entrances does not exceed three.
3. An access road between the mobile home sales area and mobile
home park shall be developed aL the time of establishment of
the mobile home sales use. This access road shall be used
only for the movement of mobile homes between the two uses
and for emergency access.
Roll was called on the foregoing motion and same passed by the following
reoorded vote:
AYES: Mr. Bain, Mr.
Perkins.
NAYS: None.
Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Motion was then offered by Mr. Martin, seconded by Mr. Marshall, to
approve SP-92-13 with the nine conditions recommended by the Planning Comm~s-
sion.
Referring back to his original question, Mr. Perkins asked how the
Highway Department can deny Mr. Wood access. Mr. Cilimberg responded that he
is not sure if VDoT officials have indicated that there will be a denial of
access to Route 29.
Mr. Perkins stated that Mr. Wood has three accesses to Route 29.
Cilimberg agreed. He said that .VDoT officials would not necessarily be
denying Mr. Wood any of the three accesses.
Mr o
Mr. Perkins responded that he feels this is the key. Even if VDoT
officials won't let Mr.'Weed build crossovers, it doesn't prevent someone from
making a U-turn and coming back to one of the accesses. He thinks the
accesses are needed so that Route 29 can be accessed from this mobile home
park. Mr. Cilimberg stated that VDoT officials' comments regarding access to
Route 29 haws all been negative up to this point. There was no review of any
access VDoT officials thought would work. He is not saying, however, that it
won't work. Mr. Perkins remarked that as bad as Route 29 is, it is still more
capable of handling that traffic than Route 606.
Mrs. Mumphris called attention to condition Number #3 which provides for
staff approval of all mobile home units proposed for location to ensure
compliance with the acoustical performance standards. She asked how this will
be accomplished. Mr. Citimberg replied that the Building Inspections Depart-
menu has already issued two approaches to be used by the applicant to satisfy
that section of the ordinance. He said when a building permit is applied for,
one or both of these approaches will be satisfied.
Mrs. Humphris asked if the mechanics of satisfying these requirements
involves paperwork or other action. Ms. Patterson answered that paperwork
will be involved in that the County, as in many other cases, will be accepting
certification done by an outside party.
Mrs. Humphris asked if this certification will come from the builder of
the mobile home. Ms. Patterson responded that the builder of the mobile homes
or a certified engineer will be responsible for the certification.
Mr. Bain commented that he thinks the acoustical certification is key to
the issue, and he thinks staff will see that the certification requirements
will be me=. Mr. Bowerman agreed. He is not as concerned about the new homes
that Mr. Wood will be selling as he is about the ones that have already been
manufactured, and the way that there will be control over the requirements for
those mobile homes. Mr. Wood told the Supervisors that there will be some
mobile homes in the sales lot which will not meet the acoustical requirements.
Mr. Bowerman said that the mobile homes which do not meet these require-
men=s will not be able Lo locate in this mobile home park. Mr. Wood con-
curred.
Mr. Perkins asked if two access points are needed if there are over 50
units located in an area. Mr. Cilimberg answered, "yes." He went on =o say
that a divided entrance is provided, as it is at The Highlands at Mechum,
which will provide for access Lo one part of the area. He said there is also
the connection to the sales center, which can be used as an emergency access
to Route 606.
July 14, 1993 (Regular Night Meeting)
(Page 33)
At this time, roll was called and the motion carried by the following
recorded vote:
AYES: Mr. Bain, Mr. Bowe~man, Mrs. Humphris, Mr. Marshall and Mr. Martin.
NAYS: Mr. Perkins.
(Note: The conditions of approval are set out in full below.)
1. Deletion/relocation of all lots within fifty feet of an
adjacent parcel;
2. Planning Commission approval of final site plan;
3. Staff approval of all mobile home units proposed for loca-
tion within the mobile home park to ensure compliance with
nhe acoustical performance standards of Section 30.2.5;
4. staff approval of private road maintenance agreemenns at
such time as the property may be subdivided;
5. Maintenance of recreation facilities shall be the responsi-
bility of the property owner in accord with Section 4.16.-
3.2;
6. NO direct connection to Route 29 shall be made without
amendment of this permit;
7. Provision of s sonventionaI "T" intersection with Route 606
constructed in accordance with Virginia Department of Trans-
portation requirements. Access is shown on a plan initial-
led "WDF" dated 7/8/93;
8. No plan of development shall be submitted for review until
the necessary easements and/or right-of-way acquisition for
the Route 606 entrance have been obtained;
9. Provision of access to Tax Map 32, Parcel 46.
(Note: The following two petitions were heard concurrently.)
Agenda Item No. 14. ZMA-93-06. United Land corporation. Public
Hearing to rezone 7.9 acs from BA to HC (Proffered) located on W sd of Rt 29
approx 600 ft S of Timberwood Blvd. site is located in a designated growth
area (Community of Hcllymead} & is recommended for regional service in the
Comprehensive Plan, TM32,Ps43&43A. The following additional parcels are
affected by the proposed road network: TM32,Ps42A,42B,42C,42D,42E,44,45 &
TM46,P5 to remain zoned Rural Areas with proffers. Rivanna Dist. (Advertised
in the Daily Progress on June 29 and July 6, 1993).
Agenda Item No. 15. SP-93-14. United Land Corporation. Public Hearing
to establish outdoor storage & display & sales of mobile homes on 7.9 ac zoned
PeA & EC (See ZMA-93-06 above). Property on W sd of Rt 29 approx 600 ft S of
Timberwood Blvd. TM32,Ps43&43A. Rivanna Dist. (Advertised in the Daily
Progress on June 29 and July 6, 1993.)
Mr. Cilimberg summarized the staff repor~ which is on file in the
Clerk's Office. He said the Planning Commission, at its meeting on July 13,
1993, by a vote of 4/3 recon~mended approval of the petitions, ZMA-93-06 being
subject to the following p~offers:
The mobile home sales lot use will be limited to mobile home
sales and existing grocery store and gasoline sales.
The mobile home sales lot entrance will be closed or altered
if required by the future plan of development for the re-
maining area designated office and regional service in the
Comprehensive Plan.
The frontage on Route 29 containing Tax Map 32, Parcels 43A,
43, 42E, 42D, 42B, 42C, 42A and Tax Map 46, Parcel 5, shall
contain not more than three entrances. The County may
require closure of any existing entrances at the time of
establishmen~ ~f any new entrances such that the total
number of entrances does not exceed three.
The site plan for the mobile home sales lot will not be
signed until the site plan for a minimum of 100 mobile home
units is signed.
An access road between the mobile home sales area and mobile
home park shall be developed at the time of establishment of
the mobile home sales use. This access road shall be used
only for the movement of mobile homes between the two uses
and for emergency access.
July 14, 1993 (Regular Night Meeting)
(Page 34)
Mr. Cilimberg said no conditions are necessary for the special permit,
but it will be subject ~o a certificat~ of appropriateness from the Architec-
tural Review 8oard during ~he site developmen~ plan process. Of the Planning
Commission's 4/3 vote, the three people giving negative votes Kited two
things. One was the general impac~ on the entrance corridor. The second
related to this property not bein~ developed as part of a consolidated plan
for all of the commercial areas.
The public hearing was opened at 12:22 a.m.
Mr. Wood said these two petitions have to do with the mobile home park.
He does not think there Ks a problem with the sound requirements for the new
homes. If he has to meet the requirements to honor his commitment, this means
he has to commit ~o having these homes specially built with the extra acousti-
cal requirements built ihto them. In order to do that, he needs a sales
location. He has the property and nothing else can be Iooated there since he
proffered tha~ this property could no~ be used for anything but a sales
location.
Mr. Bowerman asked if when this use Ks no longer economical Mr. Wood
would request another zoning for another use. Mr. Wood replied, "absolutely."
He added that this would not be an economical use of that land when the whole
50 acres is developed.
Mr. Bain asked the actual zoning on the property along Route 29. Mr.
Cilimberg answered that there is commercial zoning to the north of this
property. The property south to the river on that side of Route 29 is zoned
RA.
Mr. Wood indicated that currently Maupin's Store and the Chevron Station
are on this property, so it is being operated as commercial property now. He
said that these businesses would remain on the property.
Mr. Martin asked what kind of site work Mr. Wood is anticipating. Mr.
Wood replied that the plan he submitted to the ARB shows very little grading
on the property. The ARB ~elieves that the plan can be accomplished.
Mrs. Humphris asked Mr. Wood to comment on his remark that he did no~
feel he should have to renegotiate the issue relating to the 15 year tim~
limit from the end of build-out. She said Mr. Wood is asking the Supervisors
to reconsider whether or ~not to honor the agreement that this area would not
be developed except with a Master Plan in place, she asked why he thinks he
should not have to renegotiate the build-out issue, but the Supervisors should
be willing to renegotiate the development of the area in question.
Mr. Marshall said he thinks it will be difficult to find trailers that
mee~ the criteria which has been set forth if there ~s not someone like Mr.
Wood selling them. Mrs. Humphris responded that if somebody is willing ~e pay
for the trailers, someone will be willing to sell them.
Mr. Tim Lindstrom commented that the Comprehensive Plan amendment was a
two-part item. Taking all of the 50 acres on Route 29 zoned as RA and making
it commercial is a significant move. It was done to ensure that there was
enough economic incentive for the applicant to go ahead with the mobile home
park. The second par~ was the reduction in the number of entrances from
eleven to three, which is~secured by a proffer, and the assurance that this
commercial development would only occur according ~o the Master Plan.
Mr. Lindstrom remarked that Mr. Wood has made a good point, and he, Mr.
Lindstrom., has no objection if the special pe~it limits this %o mobile homes
specifically designed to be used because of the Airport impact problem. The
PEC opposes this because the staff has said it does not have a problem with
this deviation from the plan because this request is directly related to the
mobile home park. If what has been described is an addition to the special
permit, he thinks it clearly would be directly and uniquely related to the
mobile home park. He noted that any little shopping center or any other
commercial endeavor on this property which would serve the mobile home park Ks
just as directly related to it as the mobile home sales office. Anybod~ can
buy mobile homes at this mobile home sales site, and the people who are going
to live in the mobile home park can buy their mobile home any place they want
and put it in the park. He is not sure if this is a legal precedent, but it
weakens the County's case in the future if someone want~ to put in a neigh-
borhood shopping center because the people in the trailer park need it. He
said that, then, the whole thing begins uo dissolve. He thinks it is impor-
tant that the Haster Plan not be used. He emphasized that this is why PEC is
concerhed.
Mr. Truby Kegley stated that Mr. Wood needs some wa~ to control the
quality of the mobile homes that go in his park. He said that a person can
buy a mobils home for as little as $12,000, but you get what you pay for. He
said if Mr. Wood sells the mobile homes on the property, he can abide by the
County ordinance as far as sound specifications are concerned, and he can have
qual%ty control of what goes into the mobile homes. He said Mr. Wood can make
it more of an upgraded, presentable park, and it would be something that
people would wan~ to ride through and see.
Mr. St. John commented that he is not an expert kn this matter, but in
the Code of Virginia there is the Mobile Home Park Act. This Act specifically
July 14, 1993 (Regular Night Meeting)
(Page 35)
operator's park to those who buy the sperator's mobile homes. There are a lot
more terms in this Act. He asked if the Supervisors are aware of this Act.
Mr. Wood responded that there are rules relating to retired people and limits
on children. He pointed out that his mobile home park will have an additional
restriction, which relates to the sound specifications.
Mr. St. John remarked that he is not advocating one way or the other.
He just wanted to make sure that everybody is aware that this Act exists, and
that there are a lot of terms with which to comply.
Mr. Wood said he had proffered that the commercial area would not be
expanded but Mr. Lindstrom seems to think that he (Mr. Wood) has not already
done this. Mr. Wood said he as willing to make this proffer in terminology
that will be satisfactory, if he has not already done so. Mr. Bowerman read
the proffer which states't~at, "Mobile home sales lot use will be limited to
mobile home sales and existing grocery store and gasoline sales."
Mr. St. John ~old the Supervisors that they should not make Mr. Wood
proffer that all of the mobile homes sold there will only go into his park.
Mr. Wood agreed with Mr. St. John. He said he cannot make such a
proffer. He was referring to Mr. Lindstrom's remarks concerning piecemeal
development. He will proffer whatever terminology it takes that there will
not be any other requests for stores or businesses because of the mobile home
park. He reiterated that he thinks he has already done this, but if someone
thinks that he has not and has better wording, he is willing to accept that.
With no one else rising to speak, Mr. Bowerman closed the public hearing
at 12:32 a.m..
Mr. Bowerman commented that he thinks the request for this deviation is
reasonable an consideration of the use related to the mobile home park. He
asked if identifying this Board's intent To recognize that the only deviation
relates to mobile home sales is sufficient to deal with the concern that was
raised. Mr, Marshall asked if it is possible to expand on the first proffer.
Mr. Bowerman said that doeB not speak to the issue to which Mr. Lindstrom
referred. Mr. Marshall responded that wording could be added to the first
proffer if there is a concern. He said that the words "and no other future
use" could be added.
Mr. Bain remarked that this issue was considered last Fall, and the
Board decided on certain.things. Now staff is indicating that there is a
deviation because this request is directly related to the mobile home park, so
this takes it out of the overall plan's requirement, He is not sure, however,
if he agrees with the staff on this matter.
Mr. Martin suggested that wording be added to Proffer Number One which
would state that, "these mobile homes ars allowed only to facilitate the
trailer park." Mrs. Humphris disagreed. She said that this does not cure the
problem.
Mr. Wood suggested that he proffer not to come before this Board with
any other requests for this property.
Mr. Bowerman then spoke directly to Mr. Lindstrom. He said this is a
deviation, but he wondered if the Supervisors found this to be in keeping with
the spirit of their prio~.action, if this would be sufficient to alleviate Mr.
Lindstrom's concern.
Mr. Lindstrom answered that he thinks the way to truly address the issue
is to decide whether Mr. Wood, or anyone else who buys a part or all of the 50
acres, can come back at any time and ask for some other part of that property
to be rezoned. The first thing that will be noticed is the deviation from the
Comprehensive Plan. The special permit could have a condition which would
state, "if necessary to provide homes meeting the Airport noise standards,
there have to be special manufactured units." He does not disagree with Mr.
Wood at all, because Mr. Wood should be able to sell the mobile homes there
and not have to worry about who is going to sell them and how it will be done.
He understands what Mr. St. John is saying because anybody else should be able
to buy ~he mobile homes. He said the residents of the mobile home park can
purchase any manufacture~d house that they want if they meet the noise stan-
dards. If Mr. Wood has to go out and specifically have these homes built so
that he can get this park in operation, he should be able to use this sales
office on the property. He thinks that if a condition of the special permit
specifically spoke to that, then there would be something that is clearly and
directly related to facilitating this park. He honestly cannot tell the
Supervisors that simply having a mobile home sales lot is directly related to
facilitating this park, because it will facilitate anybody who wants to buy a
mobile home anywhere. He thinks it is important for the Supervisors to
address the matter.
Mr. Bowerman said Oakwood Mobile Homes could provide the same unique
servi~e, if it wanted to carry the inventory. He asked if this is correct.
Mr. Lindstrom concurred. He said it may give the developer of the park, who
may have to invest some money to develop special designed mobile homes, some
reasonable opportunity To provide this service. He thinks that this is
uniquely attributable in a way that is different from other situations.
July 14, 1993 (Regular Night Meeting)
{Page 36)
Mr. St. John remarked that there could be s condition which indicated
that no other business would be permitted on this property, excep~ as part of
a plan of development.
Mr. Martin suggested that a condition state that the mobile home sales
lot will not have any trailers on it that do not meet the standards required
to go into that particular trailer park. Mr. Bowerman explained that Mr. Wood
is not asking for that because he could sell other trailers to people who will
not be living there. Mr. Martin responded that if it is limited to the fact
that the only place the trailers can be sold is on his own lot, that is
illegal, but Mr. Wood sould be permitted to carry an inventory of trailers
that meet the needs of that park.
Mr. Lindstrom stated that Mr. Martin is getting close to the terminology
that is needed. Mr. Lindstrom said a condition could be placed on the per~it
indicating that "the sales lot shall be use~ to provide trailers that meet the
requirements of ZMA-92-14 for noise attenuation standards." He said this
makes the sales offise unique to this development, but it does net preclude
Mr. Wood from selling other mobile homes.
Mr. Sowerman said he thinks it is important that the Supervisors
recognize this matter as an issue, deal with it and make some decision on it,
and move forward. Mrs. Humphris asked ~f it is essential f~r people to buy
their mobile he'es from Mr. Wood in order to have a home which meets the sound
standards. Mr. Bowerman replied, "no." Mrs. Humphris said if it is not
essential for these people to buy their mobile homes from Mr. Wood, then she
does not see any reason why this sales lot should even be on the property.
She stated that it certainly does deviate from the plan. Mr. Lindstrom said
he thinks it makes sense that a condition be put on the permit whish would
indicate that mobile homes will be offered for sale which meet the noise
attenuation standards required. Mr. Martin said he thinks Mr. Lindstrom's
suggestion is reasonable.
Motion was offered by Mr. Martin, seconded by Mr. Marshall, to approve
ZMA-93-06 with five proffers as follows:
The mobile home sales lot use will be limited re mobile home
sales and existing grocery store and gasoline sales.
The mobile home sales lot entrance will be ~losed or altered
if required by the future plan of development for the re-
maining area designated office and regional service in the
Comprehensive Plan.
5o
The frontage os Route 29 containing Tax Map 32, Parcels 43A,
43, 42E, 42D, 42B, 42C, 42A and Tax Map 46. Parcel 5 shall
contain not more than three entrances. The County may
require Closure of a~y existing entrances at the time of
establishment of any new entrances such that the total
number of entrances does net exceed three.
The site plan for the mobile home sales lot will not be
signed until the site plan for a minimum of 100 mobile home
units is signed.
An access road between the mobile home sales area and mobile
home park shall be developed at the time of establishment of
the mobile home sales use. This access road shall be used
only for the movement of mobile homes between the two uses
and for e~ergency access.
Mrs. Humphris stated that she does not think this use will do anything
au all to enhance the entrance corridor, and she thinks that the Supervisors
should adhere to the original agreement that nothing like this would happen
until 100 units were already in place, and there was a Master Plan for the
site.
Mr. Marshall called Mrs. Humphris' attention to Proffer Number Four. He
said that this proffer relates to Mrs. Humphris comments. Mrs. Humphris
disagreed. She stated that the fourth proffer only says that the site plan
for the mobi~ home sales lot will not be signed until the site plan for a
minimum of 100 mobile home units is signed. Mr. Cilimberg explained that the
fourth proffer was to ensure that the park and the mobile home sales lot were
being developed together.
Mrs. Humphris recalled that the stipulation ~o which she referred was
that at least 100 mobile homes would be in place. Mr. Bain responded to Mrs.
Humphris' comment that he is not sure that is what was intended. Mr. Marshall
said he thinks the proffer is trying to ensure that there will be 100 homes in
)lace. Mr. Cilimberg read from the Comprehensive Plan and stated that
according to the Comprehensive Plan, there has uo be a minimum of 100 mobile
home sites developed before developing a commercial area, and that it should
be developed under an overall plan of develoDment.
Roll was called on the foregoing motion which carried by the following
recorded vote:
July 14, 1993 {Regular Night Meeting)
(Page 37)
AYES: Messrs. Bowerman, Marshall, Martin and Perkins.
NAYS: Mr. Bain and Mrs. Humphris.
Motion was offered by Mr. Martin, seconded by Mr, Marshall, to approve
SP-93-14 with a condition reading: "The inventory shall include mobile hemes
which meet the noise attenuation standards on ZMA-92-14."
Mr. Wood emphasized that not all of the mobile homes would meet these
standards. Mr. Bowerman agreed that not all of the mobile homes on the sales
lot would have to meet the noise s=andards, but Mr. Wood would have to have
some inventory of mobile homes that would meet these standards.
Roll was called and the motion carried by the following recorded vote:
AYES: Messrs. Bqwerman, Marshall, Martin and Perkins.
NAYS: Mr. Bain and Mrs. Humphris.
Agenda Item No. 16. Discussion: Highway Revenue Sharing Projects
(deferred from July 7, 1993).
Mr. Tucker said this item was deferred to this meeting so staff could
speak with VDoT officials. VDoT officials have changed their whole attitude
in dealing with revenue sharing funds, they are much more flexible. The
County does not have to actually appropriate the matching funds until the
funds are needed. If a project is net in the County's Six-Year Plan, the
County can still use revenue sharing money. The real key to the situation is
that projects can be substituted in the revenue sharing plan four times a year
- October, Ja3auary, April and July.
Mr. Tucker said the 0nly issue relates to funding. The staff's first
choice is the CIP Fund Balance or the ~eneral Fund Balance. If the CIP Fund
balance is used the money will have to come from unexpended Dalances on
projects where funds have been saved. The CIP Fund Balance is normally used
to fund the CIP in the following year.
Mr. Tucker said he sen= each Supervisor the latest draft of the CIP for
next year, but he reiterated that the money can be taken from that fund
balance if the Supervisors choose ~o fund other projects now. If the Supervi-
sors concur, the staff will indica=e to the State that the County is willing
=o take the full funding amount of $424,300.
Motion was offered by Mr. Martin, seconded by Mr. Marshall, to approve
maintaining the current local appropriation of $276,734 to complete the Route
250 East landscaping project. Roll was called and the motion carried by the
following recorded vote:
AYES: Mr. Bain, Mr.
Perkins.
NAYS: None.
Humphris, Messrs. Marshall, Martin and
Agenda Item No. 17. Approval of Minutes: April 1, April 8 and
October 14, 1992; and February 17, 1993.
Mr. Bowerman reported that he had read the en%ire set of minutes for
October 14, 1992, and given the Clerk a list of typographical errors =o
correct. Otherwise the minutes were in good order.
Motion was offered by Mr. Bain, seconded by Mr. Martin, to approve the
minutes of October 14, 1992, as read. Roll was called and the motion carried
by the following recorded vote:
AYES: Mr. Bain, Mr. Bowerman, Mrs. Mumphris, Messrs. Marshall, Martin and
Perkins.
NAYS: None.
Agenda Item No. 18. Other Mat~ers Not Listed on the Agenda from the
Board.
Mr. Perkins requested the Board to endorse having staff speed up the
public hearing process for a special use permit application from the Albemarle
Coun=y Fair which is to be filed in the near future. It was the consensus
that it would be okay, particularly since Mr. Cilimberg said there was no way
uo speed up the process for the Planning Commission. The speed up would take
place between the Planning Commission hearing and the Board of Supervisors'
meeting. Mr. Bain did not agree at all with this idea.
Mr. Bain asked about a committee recommended by citizens for Albemarle
which would determine who kn this county is unemployed and who is underem-
ployed. Mr. Bowerman said he had spoken to representatives at the Chamber of
Commerce about private sources of funding for some of this study. He suggest-
ed the Board discuss the idea on August 4, 1993.
To: Members, Board of Supervisors
From: Ella Washington Carey, CMC,
Subject: P~eading Listforjune I I, 1997
Oate: june 6, 1997
Februao, 12, 1997 - Pages I - 13 (item # 10) - Mrs. Humphris
Pages 13 (Item # 10) - end - Mr. Bowerman
JUNE I , 1997
EXECUTIVE SESSION MOTION
I MOVE THAT the BOARD GO INTO EXECUTIVE sesSION
PURSUANT TO SECTION 2. I -344(A) OF THE CODE Of VIRGINIA
UNDER SUBSECTION ( I ) TO DISCUSS A PERSONNEL MATTER
REGARDING A GRIEVANCE; AND UNDER SUBSECTION (7) TO
CONSULT WITH LEGAL COUNSEL AND STAFF REGARDING SPECIFIC
LEGAL MATTERS RELATING TO REVERSION, PROBABLE LITIGATION
RELATING TO A LAW ENFORCEMENT INCIDENT AND PROBABLE
LITIGATION REGARDING CLAIMS FOR ATTORNEYS FEES) ,,~,...~ ~ ~