HomeMy WebLinkAbout1998-09-09September 9, 1998 (Regular Night Meeting)
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A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on September 9, 1998, at 7:00 p.m., Room 241, County Office
Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Mr. David P. Bowerman, Ms. Charlotte Y. Humphris, Mr. Charles
S. Martin, Mr. Walter F. Perkins and Ms. Sally H. Thomals.
ABSENT: Mr. Forrest R. Marshall, Jr.
OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., County
Attorney, Larry W. Davis, and County Planner, V. Wayne Cilimberg.
Agenda Item No. 1. The meeting was called to order at 7:00 p.m., by the
Vice-Chairman, Mr. Martin.
Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
Agenda Item No. 4.
Public.
There were none.
Other Matters Not Listed on the Agenda from the
Agenda Item No. 5. Consent Agenda. Motion was offered by Ms. Humphris,
seconded Ms. Thomas, to approve Items 5.1 through 5.4 and to accept Item 5.5
as information. Roll was called and the motion carried by the following
recorded vote:
AYES:
NAYS:
ABSENT:
Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and Ms. Humphris.
None.
Mr. Marshall.
Item No. 5.1. Set public hearing for October 7, 1998, to consider lease
of Old Crozet School to Crossroads-Waldorf School.
For the past six years, the County has leased the Old Crozet School to
Crossroads-Waldorf School, most recently at an annual rent of $28,254.
Crossroads-Waldorf is interested in executing a new lease to begin July 15,
1999 upon the expiration of the current agreement. A new lease being proposed
is for a period of four years with the tenant having the option to renew the
lease for two additional terms of one year each. The proposal stipulates that
the tenant must exercise the option to renew the lease for the two additional
terms by notifying the County on or before July 1, 2001. The County retains
the right to terminate the lease by providing twelve months' written notice.
The proposal stipulates that the annual rent paid by the tenant each
year shall be increased by the CPI index plus an additional $3,000 for each
year of the agreement. The tenant is responsible for maintenance and repairs
to the property that cost less than $2,000 up to a maximum of $5,000 annually
with the County being responsible for any repair costing more than $2,000.
Additionally, the County agrees to undertake several projects which are
scheduled in the County's CIP plan to include repairing or replacing the roof
as necessary, repoint failing brick, paint the exterior of the building as
necessary and replace windows as needed. The tenant further agrees to
maintain an aggressive maintenance program acceptable to the County to assure
that the premises are maintained in a good and safe order.
State Statute requires that a public hearing be conducted prior to
entering into a lease agreement of this nature. The Board's Property
Committee has reviewed the elements of this lease and recommends it to the
Board for its consideration. Staff recommends that a public hearing be
conducted on Wednesday, October 7, 1998 to consider executing the lease.
Item No. 5.2. Appropriation: Victim Witness Assistance Program Grant,
$72,283 (Form #98022).
This is the first renewal of the Victim Witness Grant. This grant funds
personnel to provide quality service to victims particularly in the area of
September 9, 1998 (Regular Nig~ ~a~ing)
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property crime. It also assists with implementation of the Crime Victim
Rights Act.
The state grant totals $72,283.00. There is no local match.
Staff recommends approval of appropriation 98022 in the amount of
$72,283.00.
000217
By the above shown vote, the Board approved the following Resolution of
Appropriation:
FISCAL YEAR: 1998/99
NIIMBER: 98022
FUND: GRAi~T
PURPOSE OF APPROPRIATION: VICTIM WITNESS GRANT FOR FY 98/99.
EXPENDITURE
CODE DESCRIPTION AMOUNT
1 1225 31012 110000
1 1225 31012 210000
1 1225 31012 221000
1 1225 31012 231000
1 1225 31012 232000
1 1225 31012 550000
1 1225 31012 600100
SALARIES-REGULAR
FICA
VRS
HEALTH INS
DENTAL INS
TRAVEL
OFFICE SUPPLIES
TOTAL
$47,552 00
3,638 00
7,596 00
2,000 00
75 00
4,977 00
6,445 00
$72,283 00
REVENUE
CODE DESCRIPTION AMOUNT
2 1225 24000 240500 STATE GRAiT~ REVENUE $72,283.00
TOTAL $70,208.00
Item No. 5.3. Appropriation: Community Oriented Policing Services
(COPS) Grant, $60,657 (Form ~98023) .
The COPS MORE 96 grant was approved for the period June 1,
1997 through May 31, 1999. This appropriation requests expendi-
ture approval for the balance of the grant period through May 31,
1999. The grant was originally approved to provide a digital mug
shot imaging system and five computer workstations for officers.
The mug shot imaging system will allow photographs to be captured
and stored electronically. The officer workstations will upgrade
older equipment so officers will have full access to the records
management system.
The remaining federal grant is $60,657.00. The local match was trans-
ferred in 1997/98. There is no local match remaining to be transferred.
Staff recommends approval of appropriation 98023 in the amount of
$60,657.00.
By the above show vote, the Board adopted the following resolution of
appropriation:
FISCAL YEAR: 1998/99
NUMBER 98023
F~: GRANT
PURPOSE OF APPROPRIATION: COMMUNITY ORIENTED POLICE SERVICES GRANT.
EXPENDITURE
CODE DESCRIPTION AMOUNT
1 1523 31010 310000 PROFESSIONLA SERVICES $ 2,000.00
1 1523 31010 800700 ADP EQUIPMENT 38,157.00
(Page 3)
1 1523 31010 800710
000218
JLDP sOFTwARE 20t 500.00
TOTAL $60,657.00
REVENUE
CODE DESCRIPTION AMOUNT
2 1523 33000 330001 FEDERAL GRANT REVENUE $60,657.00
TOTAL $60,657.00
Item No. 5.4. Appropriation: Crime Prevention Coordinator Grant 99-
b9783, $40,043 (Form #98024).
The Police Department has received a renewed grant from the Virginia
Department of Criminal Justice Services to fund a full time Crime Prevention
Coordinator. This is the second year of the grant. A civilian employee will
fill this position. The employee will coordinate and manage crime prevention
initiatives within the department, as well as coordinate activities with the
community and neighborhood team.
A $30,032.00 Department of Criminal Justice Service's grant and
$10,011.00 local match will fund the Crime Prevention Coordinator position.
The local match is funded from current operations.
Staff recommends approval of appropriation 98024 in the amount of
$40,043.00.
By the above shown vote, the Board approved the following resolution of
appropriation:
FISCAL YEAR: 1998/99
NUMBER 98024
FUND: GRANT
PURPOSE OF APPROPRIATION: CRIME PREVENTION GRANT.
EXPENDITURE
CODE DESCRIPTION AMOUNT
1 1525 31011 110000
1 1525 31011 210000
1 1525 31011 221000
1 1525 31011 231000
1 1525 31011 232000
1 1525 31011 550600
1 1525 31011 600100
WAGES $28,123.00
FICA 2,151.00
VRS 3,266.00
HEALTH INS 2,000.00
DENTAL INS 75.00
TRAVEL 1,388.00
OFFICE SUPPLIES 3,040.00
TOTAL $40,043.00
REVENUE
CODE DESCRIPTION AMOUNT
2 1525 33000 330001 FEDERAL GRANT REVENUE $30,032.00
2 1525 51000 512004 GENERAL FUND TRANSFER 10,011.00
TOTAL $40,043.00
Item No. 5.5. Copy of Planning Commission minutes for August 11, 1998,
was received for information.
(Note: The Board discussed Items 6 through 9 together.)
Agenda Item No. 6. SP-98-18. South Fork Soccer Field (Sign #62).
PUBLIC HEARING on a request to locate 5 soccer fields, an approx 2000 sq ft
storage bldg & 216 parking spaces on approx 72 ac. Znd R3k. [This activity
requires an SP in accord with § 10.2.2.4 of the Zoning Ord.] TM46, Ps22&22C.
Located on S sd of Polo Grounds Rd (Rt 643) approx 1.1 mls E of Rt 29. (This
site is not located within a designated growth area.) Rivanna Dist.
(Advertised in the Daily Progress on July 27 and August 3, 1998.)
Agenda Item No. 7. SP-98-22. South Fork Soccer Field (Sign $62) .
PUBLIC HEARING on a request to locate 5 soccer fields, an approx 2000 sq ft
storage bldg & 216 parking spaces on approx 72 acs. Znd RA. [This activity
requires an SP in accord with § 30.3.5.2.2(3) of the Zoning Ordinance due to
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activity in the floodplain of the Rivanna River.] TM46, Ps22&22C. Same
description as SP-98-18 above. (Advertised in the Daily Progress on July 27
and August 3, 1998.)
Agenda Item No. 8. PUBLIC HEARING on a request to amend the service
area boundaries of the Albemarle County Service Authority for sewer service to
TM46, Ps22&22C for proposed soccer field complex (Hurt Investment and South
Fork Land Trust). (Advertised in the Daily Progress on July 27 and August 3,
1998.)
Agenda Item No. 9. Appeal: SDP-98-55. South Fork Soccer Field Prelim
Site Plan. Proposal to locate 5 soccer fields, an approx 2000 sq ft storage
bldg & 216 parking spaces on approx 72 acs. Znd RA. TM46, Ps22&22C. Same
description as SP-98-18 above.
Mr. Cilimberg explained that the applicant proposes to construct five
soccer fields and a 2,000 square foot building, as well as 216 parking spaces
on the south side of Route 643, Polo Grounds Road, approximately 1.1 miles
east of Route 29. He noted that the soccer fields and portions of the parking
areas are located within the flood plain of the Rivanna River. He also
pointed out that these improvements would be in addition to a previously
approved 800-seat church, and although the church has not been constructed,
the Zoning Administrator has determined that the special use permit is still
valid. The site plan for this current proposal was denied by the Planning
Commission, and it has been appealed to this Board by the applicant.
He then noted that the Community Facilities Plan identifies the need to
provide recreational opportunities in those geographic areas not effectively
served, especially in or near growth areas. The Parks and Recreation Director
has commented that the need for additional playing fields has been
established, and this proposal would help reduce the overuse of existing
County facilities. He also mentioned that the proposed Meadow Creek Parkway
corridor lies within this general area, but based on current information, the
alignment does not affect the proposed development. Since most of the
proposed development will be located in or near the flood plain, it is not
likely the ultimate road alignment will be in this location.
He next reported that the proposed Rivanna Greenway is located on this
property also, and staff has requested that the applicant make provision for
the Greenway. The primary issue identified as detrimental to adjacent
property for the athletic facility's special use permit is the increase in
traffic. He added that there are a variety of generation estimates provided
by the applicant, and the staff has also developed some estimates. He noted
that the combination of the church and the soccer fields being developed on
this property could create a significant increase in weekend traffic on Polo
Grounds Road. The daily count of traffic, during soccer season, would be
increased. VDoT has identified a desire for improvements to Route 643 from
Route 29 to the entrance of this site, and the staff has recommended a
condition requiring these proposed improvements due to the volume of traffic
generated, if both the church and soccer fields are permitted on the property.
The Planning Commission also recommended this condition. None of the area is
visible from Route 29. However, the parking areas and building will be
somewhat visible from Polo Grounds Road.
The applicant has proposed the use of subsurface drainfields in the
event his request for a jurisdictional boundary is not approved, and the
drainfields would be located above the flood plain. He referred to the
special use permit for activity in the flood plain, and he said the activity
is intended to crown the fields for drainage, install drainage systems and
provide for smooth playing surfaces. He noted that the Engineering Department
has supported the request for fill in the flood plain. The Site Review
Committee has determined that the site plan is approvable with standard
conditions if the Planning Commission were to allow for modification of
Section 4.2 to allow activity on critical slopes, and the Planning Commission
actually approved activity on critical slopes at its meeting on this matter.
The staff supported SP-98-18 with concurrent annulment of the prior
church special use permit, and provided such a condition is imposed, staff can
support the two special use permits for the soccer fields. He pointed out,
though, that staff did not recommend approval of the soccer fields in addition
to the church. The Planning Commission members recommended approval for the
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field development, but they did not feel it was necessary for the church
special use permit to be annulled, if the ten conditions were included with
the approval. Staff has had discussions with the County Attorney about these
conditions, and he (Mr. Cilimberg) will provide the Board members a summary
of provisions to the conditions that will further clarify intent. He said an
eleventh condition has also been included, should the Board want to preserve
the potential alignment for the Meadow Creek Parkway. He reiterated that as
recommended by the Planning Commission there are ten conditions, and eight
were recommended by staff.
These conditions include the upgrading of Polo Grounds Road should both
the soccer fields and the church be developed, and they also include condi-
tions on reserved preservation of the Greenway area, as well as an archaeo-
logical survey to be provided to the County and approved by the Planning
staff. He is providing the Supervisors with the ten conditions, plus an
eleventh condition which refers to the Meadow Creek Parkway. He noted that
there is a slight wording change to Number Six and a more significant change
to Number Nine that will speak more directly to what the area for the Rivanna
Greenway entails. The area for dedication has been described for the
Greenway, itself, and for access. He explained that the tenth condition also
has a slight wording change. He reiterated that the Planning Commission
recommended approval on the field area, but regarding the special use permit
for filling the flood plain, the Planning Commission recommended denial. The
Planning Commission also denied the site plan. The basis for denial of the
site plan was because one of the special use permits had been denied. The
request for the critical slopes waiver was approved by the Planning Commis-
sion.
Mr. Cilimberg next mentioned the jurisdictional area request.
that currently public sewer and water are available to Parcel 22 for
development of an 800-seat church.
He said
Mr. Martin inquired if the Board members would like to hear the
jurisdictional area request together with the other requests, or whether they
would like to hear it as a separate item. Mr. Bowerman wondered if there had
to be another public hearing for the jurisdictional request. Ms. Thomas noted
that all three requests can be heard at the same public hearing, so the Board
members should hear all of the requests at the same time. She stated, though,
that there will be a separate vote on the three matters.
Mr. Cilimberg continued his remarks by saying that the request is to add
public sewer to Parcels 22 and 22-C for soccer field development, which will
alleviate the need to construct drain fields. He noted that the drain fields
would need to be located in an elevation above the proposed building from
which the sewage flow will come, and this will require pumping. He pointed
out that this is not the most desirable design for an on site system, as it
involves the use of pumps, which can fail. It has been noted that requests
for jurisdictional area sewer service are not consistent with the recommenda-
tions of the Comprehensive Plan since there is no existing health or safety
issue. However, approval may be preferable from a public health perspective,
because of the ultimate development of the site as a soccer complex, since
there could be potential problems occurring with the pumping system to the
drainfield.
He next emphasized that the staff does not recommend the jurisdictional
area be granted without approval of a soccer complex proposal. Should this
Board approve the soccer complex, the request will need to be weighed to see
if it is consistent with the jurisdictional area policy and the possible
future health and safety issues associated with the private septic system it
requires. He went on to say if the Board provides jurisdictional area for
these two parcels, the staff recommends that sewer service only be provided to
the soccer complex in addition to the current jurisdictional area allowance
for the church for water and sewer.
Mr. Bowerman referred to Condition Number 11 relating to the Meadow
Creek alignment. He asked if the soccer fields were in place, and the Meadow
Creek alignment conflicted with them, would the soccer fields have to be
abandoned. Mr. Davis answered that if the final design showed that the Meadow
Creek Parkway conflicted with the soccer fields, the permit would become void,
and the soccer fields, upon notice by the County, would have to be eliminated.
He added, though, that it appears unlikely this would occur.
September 9, 1998 (Regular Nigh~ Meeting)
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Mr. Bowerman asked if this would be considered a taking of the property.
He wondered if the County would have to compensate if improvements were made.
Mr. Davis replied that special use permits can be limited in time, and there
would still be reasonable use of the property, so there would be no taking by
having the special use permit terminated. He went on to say if the road was
built, though, there would be compensation for the property.
Mr. Martin suggested that it would make more sense to word the condition
in such a way that the County would have the option of voiding the special use
permit. There at least would be discussion of the situation first, before the
permit is just automatically voided. He wondered if there might be a clause
where, if the special permit is voided, there is a period of time that
discussions can be held.
Ms. Thomas inquired if two of the fields were impacted by the road
design, but three were not, how would such a wording affect the situation.
Mr. Davis responded that the permit will not become void until the County
gives notice. He explained that it could be a number of years from the point
the design is approved until the property would be needed for the Parkway, so
it will not immediately affect the use. He went on to say at such point in
time when the highway property is going to be taken, there would be little
choice, and the use would be terminated in one way or another. The condition
is just a convenient way of putting people on notice that this could happen.
He referred to Ms. Thomas' comments about the roadway not totally taking the
area. If this should happen, an amended special use permit could be processed
to continue the use of the portion of property that is not affected by the
roadway. The intent of this condition is to make people aware that this is a
potential path of the Meadow Creek Parkway, which is in accordance with the
transportation element in Albemarle County's Transportation Plan, and that at
such time the road is ready to be built, this could be inconsistent with the
County's transportation planning and Comprehensive Plan.
Mr. Martin stated that he would feel more comfortable if there was a
statement indicating that the special permit would be void upon notice from
the County after a public hearing, for example. He then wondered who needs
to take action before the notice is sent. Mr. Davis responded that the word,
~County," could be changed to, ~Board of Supervisors,# if the Board feels more
comfortable with this language. He noted, though, that typically neither the
County Executive nor the County Attorney would act without consulting the
Board of Supervisors.
There were no further questions, so Mr. Martin opened the public
hearing.
Mr. Katurah Roell stated that he is representing the applicant, and in
this case, he hopes the applicant will be the children in Albemarle County.
He added that he would address the issues at hand, and traffic is obviously a
concern of the neighborhood. He mentioned the property's proximity to Route
29, and he said the general location relating to the growth of neighborhoods
in the area is fairly well represented by Forest Lakes, Woodbrook, Carrsbrook
and the whole northern corridor. He remarked that there are five soccer
fields at Darden Towe Park but something is also needed in the proposed area
for Albemarle County's children. He then referred to paving the road. He
said if and when the church is built, the applicant has agreed to the
condition to pave the road. He reminded the Board members that Dr. Hurt is
the landowner who is donating the land and the work to provide this service.
He then remarked that he has studied VDoT road plans throughout the
County, and he has been to several meetings and presentations with various
levels in the state addressing some of these concerns. He noted that it
appears the Meadow Creek Parkway will need to go through this area, but most
VDoT representatives have expressed the desire to keep to the ridge and not to
the flood plain. He said the possible alignments, at most, may affect the
entrance, so he feels the Meadow Creek Parkway is not of great concern to the
fields. He said, though, if it does affect the fields, then the fields will
be adjusted to whatever impact there may be and would seek a relocation. He
added that the applicant is happy to provide an archaeological study, and he
will dedicate the Greenway along the river. He'emphasized that the applicant
is in agreement with all of the requests made relating to the different
issues.
Mr. Roell said he is trying to find some additional field space, and he
has examined various areas to find a place to build fields. He arrived at
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this location because of its proximity to the various neighborhoods and Route
29. Dr. Hurt will even have the fields graded and the work done, and there
will be no fill going into the flood plain. The dirt will just be moved, and
this could almost be accomplished with a grading machine.
He then mentioned the jurisdictional use, which he said makes more sense
than a private sewer. He noted that the jurisdictional area is a public
service and a public utility, and it crosses the property. The service will
be used specifically for the soccer fields and concessions for the people to
use. He pointed out that it avoids having to install a drain field and pump
sewage uphill, and he asked the Supervisors to give this issue some consider-
ation. He also mentioned that the septic fields would have to be put on the
ridge, which is where the roadway is proposed to be built. The sewage
jurisdiction is not for private use and this is not a private development.
However, the project will be privately funded, and the applicant is not asking
for any public funds. He also mentioned that the entrance crosses the
frontage of Parcel 23C, and the road also crosses a portion of Parcel 22A but
the bulk of it is on the lower flood plain. Other than that, the project
involves approximately 16 acres of field area in the flood plain. He reminded
Board members that the Comprehensive Plan designates green space for recrea-
tional use. He said soccer fields are as close to green space as you can
get, but parking for the participants has to be provided.
There were no questions for Mr. Roell from Board members.
Mr. Roell then introduced Mr. William Mueller, who is the applicant and
also represents the SOCA organization.
Mr. Mueller stated that he is Executive Director of the SOCA organiza-
tion. The need for fields in Albemarle County is well documented, and he
referred to the staff report, prepared by the Parks and Recreation Department,
which indicates that soccer represents approximately half of all the athletes
playing organized sports in Albemarle. He noted that there are approximately
3,100 players in Albemarle County this season, and probably 3,500 different
players over the course of the year. He said taking on this type of project
is a tremendous effort, as well as scheduling over 120 soccer games each
weekend to provide for the people who want this activity. He is willing to
undertake this effort, but he is asking for some assistance.
He mentioned that about two years ago he was in this room, and he heard
some members of this Board speak eloquently of the value of playing fields for
the community's youth and citizens of this County. He couldn't agree more, and
he hopes he and the Board members can pursue trying to provide some of these
fields. The project does not include lights, loudspeakers, offices or a
clubhouse, and it is not a stadium or the site of enormous events. He added
that it includes playing fields, a parking area to accommodate the people
coming to the playing fields and a storage and maintenance facility with
toilets for the people who will be at the facility. The area and the
adjoining roadways will be policed to make sure they are kept clean. He noted
that the SOCA organization has been a part of the community for over 15 years,
and it has been a good neighbor. The organization would not want to do
anything to damage its reputation nor to cause ill will with the neighbors.
He pointed out that a preliminary archaeological survey will be prepared,
gates will be put on the site for security reasons, and an access will be
provided for canoes to get to the river. He noted that the proposed Greenway
along the banks of the river will be accommodated.
He next talked about the advantages of this site for soccer. He said
this area will provide playing space, greater flexibility for scheduling, and
it allows the fields to be maintained to the SOCA organization's high
standards. The Board members will need to consider the benefits included in
this proposal for the citizens of Albemarle County. SOCA represents approxi-
mately 3,500 soccer playing citizens, who are part of the citizenry and are
looking for opportunities to play. He remarked that they should be able to
play without fear of injury, and they should be able to play on fields that
are not in a state Of decline because of their overuse. He thinks these
fields will contribute to the overall quality of life in the County. He
commented that one of the measures of quality of life is the quality and
quantity of recreational activities and opportunities for citizenry. This
plan provides for this in a constructive way. The use of this Property is
ideal for recreational facilities because it is a flood plain. He has seen
other projects of a similar nature in Roanoke, Manassas and elsewhere where
playing facilities are put in a flood plain. When it flOods,' the fields
September 9, 1998 (Regular Night Meeting)
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000223
simply get wet, and there is no damage to anything of a permanent nature.
He also noted that the County is not being asked to support this project
financially. His organization is interested in taking on this endeavor at its
expense and risk for the greater good of a large number of the County's popu-
lation. He explained that these fields will not solve the County's shortage
of field space, but it will be a start. He said it is important to understand
that the project has been supported and endorsed by members of the lacrosse
and football playing community because they understand that everybody is
sharing a very limited resource. He added, though, that in doing so there is
a constant state of trying to catch up with the maintenance of the fields, and
at this point, it is a losing endeavor.
He noted that the site is accessible to the County's major north and
south artery, and it impacts a minimal number of homes. He emphasized that
the amount of traffic coming to the proposed site over the eastern part of
Polo Grounds Road would be minimal. He explained that the number of
participants who live in the Stony Point area would be the likely users in
that direction, and this is less than five percent of the enrollment. The
vast majority of people are going to travel Route 29 and a portion of Polo
Grounds Road that is just slightly over one mile. He remarked that the SOCA
organization feels these fields will do a tremendous good for the community.
His organization promotes healthy, constructive activity for citizens of all
ages and all abilities, and he is seeking the Supervisors' assistance to allow
the SOCA organization to further provide for these citizens and to serve the
public interest and the public good. If a project of this nature cannot be
built on this site, it is hard to imagine a better or more appropriate site,
as well as one where there would be less impact or a more appropriate use of
existing land with minimal disturbance. He is hopeful the Board of
Supervisors will be able to endorse the project and allow it to proceed.
Ms. Thomas asked what Mr. Mueller has in mind when he talks about
maintaining the road. She asked if he is referring to the Adopt-A-Road
program. Mr. Mueller responded that this question was also brought up at the
Planning Commission meeting. Apparently there is a permit process, and his
organization would be willing to do whatever can reasonably be done. He would
certainly be willing to be a part of the Adopt-A-Road program, if necessary.
Otherwise, he would undertake whatever efforts are permitted such as putting
groups along public rights-of-way to keep them clean.
Mr. Martin announced that 12 people have already signed up to speak
about SP-98-18, SP-98-22 or the request to amend the service area boundaries
for the proposed soccer field complex. He asked anyone else who wished to
speak at tonight's public hearing to sign up with the clerk. He announced
that he would call three people from the list, and those three people would
need to come forward. He noted that each speaker is allotted three minutes,
and individuals cannot relinquish their three minutes to another speaker. He
said individuals can sign only one name to speak, and if anyone has written
comments, they should be given to the Clerk, who will circulate them to the
Board members. He then announced the first three names.
Mr. Henry L. Martin, Jr., stated that he lives on Polo Grounds Road; he
grew up on that road, and now he resides there. His primary objection to the
soccer field is safety. The road from Route 29 North to the entrance to this
area can be widened, but there is another problem that cannot be solved. The
problem relates to the traffic coming from the east. There is an underpass
that is approximately two miles down the road, and it is on a blind curve. He
travels this road two or three times a day, and there is no way to see if a
car is coming through the underpass. He commented that he has passed a car in
this underpass, and he has had a wreck with another car. He said every
morning seven times out of ten, he meets people who have their windows up and
their radio playing. The only warning people have who are coming through the
underpass is other people's horns blowing. He remarked that already the
traffic there is bad because this road is used as a bypass to get around
Forest Lakes, as well as the traffic congestion on Route 29, and it is used to
get from Fashion Square to the Stony Point area. If the traffic increases on
this road, his biggest concern will relate to accidents. It will not be i__~f an
accident occurs, but instead, it will when there is an accident, and he
wondered who will be held responsible for it. He knows of other people who
have had accidents on that road, and one lady had a head-on collision. He
said for years there was no speed limit posted, but now there is a 45-mile per
hour speed limit there. However, it has helped very little. He said traffic
goes through this area at 55 or 60 miles per hour because this is the speed to
September 9, 1998 (Regular Night Meeting)
(Page 9)
000Z24
which the traffic is accustomed. He added that drivers get to the underpass,
and they put on their brakes, because there is a bottleneck situation there.
Then they proceed through the underpass. His biggest concern relates to the
underpass, if there is an increase in traffic of five percent, and a church is
built there later. He will accept the propositions and arguments the appli-
cant has made, but there is a safety concern. He would hate to see vans of
children going to and from soccer games involved in a head-on collision, and
he does not see how this is not going to happen. He commented that he has
seen accidents happen there already, as a long time resident in that area. He
then asked the Board members to address the underpass problem, if they are
supportive of this project. He said Southern Railway is not going to shut
down its line to fix the underpass, although this has been a plan for some
time. He suggested that at least a traffic-signaling device could be put
there so people would have something more than a horn on which to rely.
Mr. F. A. Iachetta commented that his property is adjacent to the
property in question. He finds himself in the position of being politically
incorrect because to oppose this project would appear to be a sin and against
motherhood, because soccer has become the rage for youngsters. Nevertheless,
the need that exists is there because recreational areas have not been
provided within development areas as they have been created in Albemarle
County. He said now a few people who live in a sparsely populated area are
being asked to put up with additional traffic. He pointed out that at the
last count in 1992, there were 935 vehicle trips per day. There has been no
count done during the last six years, but he suspects there are substantially
more vehicle trips per day on this road, now. He noted the difficulty in
getting from Route 643 onto Route 29, and he pointed out that there are two
years more of construction on the two bridges on Route 29 which will produce a
problem for anybody coming in and out of Route 643. This proposed use is far
more intense than any use that could be there by right. It seems to him that
this special use permit ought not to provide uses that are far more intense
than those provided for by right.
He referred to the Board's approval of the special use permit for the
church, where a condition was set that there be only one entrance for any
future development in this area. He remarked that this proposal creates still
another entrance, and one without a particularly good sight distance, if
traffic is going toward Route 29. He had a wreck there, so he is very
sensitive about this particular curve. It is a narrow road with poor
shoulders. He said property owners have to contend with ten-ton dump trucks
that come periodically, and sometimes there are many of them, one behind the
other. He hopes, if this special use permit is approved, it will not be such
an intense use as five soccer fields. The special use permit in a rural area
is too easily abused, and no consideration is given in this proposal to the
quality of life for those people who live there. The citizens moved there
because they wanted the kind of quiet they have now, and it is a rural area,
despite the traffic. The residences overlooking this area are few in number,
but that does not mean that they should not be considered.
Mr. David Wilson, a City resident, past President and current Registrar
for SOCA, reminded the Supervisors that he has appeared before them many times
talking about fields for soccer. He noted that both of his children have
graduated, so he has nothing to gain personally by this proposal. He referred
to 1996 when the soccer registration figures of approximately 3,950 were
presented to this Board, as well as to the Parks and Recreation Department,
and the figure reached probably close to 7,000 participants during the year.
At that time it was suggested that nine fields were needed to handle the
immediate needs, and 19 were projected over the next five to ten years. Three
years later, not one new field has been added, and registration for this year
will probably reach 4,100 children and a total of 8,000 participants. He
added that there has been a huge need over the last few years, and to handle
this problem, the adult program practice space has been denied. He went on to
say the recreational program has also been limited to one hour a week, instead
of one and one-half hours twice a week, because there is simply not enough
field space. He said playing space is about the same except the fields are in
much worse condition. There is no time to maintain the existing fields
because they are also in use by football, lacrosse, field hockey, after school
programs and even baseball and T-ball sometimes use the same area. These five
fields will only help the situation, but they will not solve the problem.
He mentioned the traffic problem, and he said this is not an intense
use. The staff has admitted at the Planning Commission meeting that the
traffic estimates were overly exaggerated based on trips per acre because the
September 9, 1998 (Regular Night Meeting)
(Page 10)
000225
entire acreage of the two parcels were used. The figures submitted based on
the five fields at Darden Towe Park represented half of this number, and the
staff members admitted that these figures were probably more accurate. He
does not think the traffic problem will be intensified significantly.
However, if the church is built, Dr. Hurt has indicated he would handle this
problem, and Mr. Wilson hopes the Supervisors will believe him. He said Dr.
Hurt would fix the road with regard to the curve, which sounds as though it
should be fixed with or without the soccer fields.
Mr. Martin apologized to Mr. Iachetta and Mr. Wilson. The Clerk had
informed him that the first beep was a 30-second warning, and each gentleman
had a minute left in which to speak.
Mr. Iachetta stated that he did not oppose the church because Sunday
morning would not be considered a very intense use. The soccer fields would
generate a lot more traffic during the week as well as Saturday and Sunday.
He added that 700 to 800 people on this site in addition to the church do not
strike him as not being too intense. He mentioned that the 50 percent
increase in traffic might not be too intense by somebody's definition, but it
is intense by his definition.
Mr. Wilson said the traffic figures that were used indicated 100 vehicle
trips a day, 300 vehicle trips on Sunday and 900 on Saturday. These figures
were all exaggerated by more than half.
Mr. Nat Howell remarked that he lives on Polo Grounds Road, and in the
absence of the President of the Proffit Community Association, he has been
asked to say a few words on this issue. He does not oppose playing fields,
but the scale of this project is disturbing to the homeowners. He said if the
proposal was to put one or two soccer fields there, he probably would not say
anything. However, he reminded the Board members that they have heard about
the roads, and in the six years he has lived there, the traffic has increased
substantially. He mentioned that his nearest neighbors have lost three dogs
on the road, which is indicative of the kind of traffic in this area. He said
this problem has been compounded over the last several years by the
introduction of a caravan of heavy trucks, as well as lowboys with bulldozers
and other heavy equipment. He added that he does not know the traffic count
on this road, but it is substantial and it is growing. If the Supervisors
approve this project, he wants them to consider what they are going to have to
do with the intersection of Route 29. It is a problem when traffic tries to
go south on Route 29 from this intersection, and there is going to be a
tragedy with this additional traffic. He also mentioned the added problem of
the possibility of a church going in this area. He asked the Supervisors not
to put five fields in this location, even if they feel there is a need for
more fields, because the location is ill served by the road. He appreciates
the willingness of the proponents of ~his proposal to try to work out
accommodations, and they have agreed to police this road. The Proffitt
Community Association has had the experience of policing the road twice each
year. He asked that no children be used to police the road, because it is
highly dangerous, and there are places where there are no shoulders. He
emphasized that the Association members have to be quite careful when they
perform this service. The solution to the traffic problem is not to put a
bunch of children on the road with the current traffic, as well as the
additional traffic that is contemplated. He asked that this not be permitted,
and he said that adults must perform this service.
Ms. Barbara Strain, a County resident and President of the Board of
Directors of SOCA, remarked that she has stood before this Board many times to
support other organizations' field initiatives, and it is a pleasure to
support SOCA's own initiative this time. It is appropriate for this meeting
to be held in the County Office building, not because it is the seat of County
government nor because of its historical purposes, but because at one time it
was the only high school in the area. She said a few weeks ago, the County
opened its third high school, which is a commitment to spend millions of
dollars because of the growth in the community. SOCA has also experienced
this same growth over the years, but there have been no new field initiatives
in order to put children on fields to play. As a nonprofit community service
organization, one of SOCA's big missions is to provide soccer to all the youth
and adults in the area regardless of race, sex, age, skills ability or
financial ability to pay. She hopes the Supervisors will consider all of
these facts very carefully, so SOCA can fulfill its mission and support the
community's needs.
September 9, 1998 (Regular Night Meeting)
(Page 11)
00022
Mr. Gary Owens commented that he is a County resident, the parent of
three soccer players, and he is a soccer player himself. He is also Chairman
of the Field Development Committee for the Soccer organization. There is
complete agreement relative to the urgent need for soccer fields. He added
that there is not a Saturday that goes by when soccer games are in progress,
that children are not being injured by playing on substandard fields. He
added that this is due not only to the lack of recreational facilities, but it
is getting to the point where there are lots of children walking around on
crutches, as a result of the failure of this community to provide for a very
urgent public need. This proposal results from the generosity of a private
citizen who is willing to help to begin to meet this need, so there is no
question on that point. He remarked that the SOCA organization wants this to
be a safe facility, and he thinks the local residents have pointed out that
there are some considerations, which have to be given to building a soccer
complex on this field. He then mentioned two points.
First, he reiterated that the estimates of traffic and the total number
of individuals on this field are far in excess of the reality. If one looks
at the United States Soccer Federation estimates of the traffic volume
generated by this non-spectator type sport, there are never going to be 700 or
800 people on these fields. It will more likely be 100 to 125 at any point in
time, and he asked the Supervisors to please keep in mind that the numbers are
much smaller than the estimates. There will be 20 to 24 vehicle trips per
game, five games per field per day, so there will probably be 500 to 600
vehicle trips over a ten-hour period at the maximum. Secondly, he reminded
the Supervisors that this is a wonderful opportunity, but the safety issues
need to be addressed. He suggested that a traffic light be installed at the
underpass, because it is terribly dangerous, and it needs to be corrected
irrespective of the soccer fields. He also suggested that a traffic light be
installed at the Route 29 intersection so cars can get in and out of the road
there. He asked that this urgent need be met, because this is a great
opportunity. He noted that across this entire County, many sites have been
considered, and there are no other alternative sites that are as good as this
one.
Mr. Pat Mullaney, Director of Parks and Recreation for the County of
Albemarle, noted that currently there are 7,000 field sports participants in
the City and County. However, in the next five years, a 30 percent increase
is expected, and there will be 9,000 participants. He explained that a study
has been undertaken to determine the current and five-year needs of the
different organizations that are offering field sports. He said, based on
this study, the CIP Technical Committee is now reviewing his Department's CIP
request for the next six years. This request includes $3,250,000 to upgrade
existing fields, the lighting of fields and for providing new fields on County
property. He added that given the other capital needs in the County, this
money will not all be available for this purpose, but even if it is, it will
not be enough to meet the field space needs. He said private efforts, such as
this proposal, need to be encouraged because this is the only way to meet the
County's needs. He pointed out that soccer is the single largest field user,
and with about 3,400 participants, it is about half of the total figure. The
SOCA organization listed its current needs in the study as nine fields, and in
five years, it will increase to 16 fields. He remarked that because of the
high participation, nature of the play and the year round schedule, soccer is
probably the leading cause for the less satisfactory condition of the fields.
The number one recommendation in the study is for the development of a large
soccer complex of ten to twelve fields or several smaller complexes of four to
five fields which would have the most immediate impact for improving field
space for all sports Countywide. He said, as occurring in the other
communities, these types of complexes need to be developed, supervised and
maintained by organizations such as SOCA, with only as much assistance as is
necessary from the City and County.
He said that tonight there are some people ready to do this very thing.
If the needs are ever going to be met, then the County needs to find ways to
facilitate requests such as this. He noted that the County has a new Quality
Improvement Program, and under the County Executive's leadership, the County
representatives are being asked to look at things in a different way. In the
past when a good idea was presented, it would be accepted as a good idea, but
the bad points would be noted. Now good ideas are being considered as to how
they can be made to'work. He said from the standpoint of meeting the field
needs, this complex is a great idea, and he hopes County officials find a way
to make it work.
September 9, 1998 (Regular Night Meeting)
(Page 12)
Mr. W. J. (Jim) Eddins stated that he lives at 2051 Polo Grounds Road,
and he is ready to stipulate that the use of this area for soccer is a
sensible one for a lot of reasons. He then recommended a balance between the
desires of this community and the needs of the soccer program. He said it
need not necessarily be five fields, and he does not know the real answer on
the intensity of the traffic. He does not suspect anyone really knows, but he
thinks a good many of the citizens along Polo Grounds Road and in the Proffitt
community looks at 216 parking spaces and get nervous. They know that some of
these vehicles are coming by the eastern route on Proffitt Road whether from
Route 29 or Route 20, and they will go through the underpass. He reiterated
that this may be a very good use for the area, but five fields may not be the
real answer. He also endorsed the idea of an archaeological study in that
particular area. He said most of the maps show that it was the general
location of the Monacan village, and a good many artifacts have been found in
there. He thinks this is an important aspect.
Mr. John Maine, a resident of Earlysville, commented that he grew up in
Albemarle County. He moved away to go to school, took his first job in Boston
andthen moved back to Albemarle County, because he thinks it is a great place
to raise his family. After living somewhere else for a while, he noticed that
there is a big difference in the quality of the recreational fields available
for the children. He has been a soccer coach for four years, and he has three
children, one of whom is in a soccer program. He came to this meeting
directly from his soccer practice, and he is most able to speak to the need
for the soccer fields. He reminded the Board members that he sent them a
letter last week about this matter. He just finished practicing at Broadus
Wood Elementary School and, first of all, the conditions of the fields are
very poor because they are heavily overused. He reported that there is no
grass on the fields whatsoever, and there are lots of ruts and pits six to
eight inches deep that are dangerous for children to run across, and they can
twist their feet and get hurt. There are also rocks on these fields. He
noted that today his group of children had to share the field with three
separate teams. He added that the field is undersized and it has to be split
into at least two halves. The children have to play crosswise, and they
cannot even use the goals at the end. He would give a comparison for those
people who do not understand the game of soccer. He remarked that if it was a
baseball practice, one team would be practicing between first and second base
and another team would practice between second and third. He said it does not
work, so there is a definite need for fields in this community. He remarked
that when he first heard about this, he was really excited. He pointed out
that not only is this an ideal location, it is flat, no grading will have to
be done, it can be kept green, and the developer is willing to donate the
property for free.
When he then heard the Planning Commission had denied this request, he
could not figure out why, and after listening to Mr. Cilimberg, he still could
not understand the objection. He said he finally understood more about the
objection when he heard some of the people speak from Polo Grounds Road, but
it seems to him the SOCA organization is leaning over backwards to alleviate
some of these objections. He emphasized that according to some of the
comments, the road should be fixed, anyway, whether or not there are soccer
fields located there. He added that soccer fields are needed, and he thinks
it is a great location. He noted that it is only one mile off of Route 29,
and only seven houses will be passed by vehicles on their way into the soccer
fields. It will have a minimal impact, and although it will impact some
people and there will be more traffic, these things need to be dealt with. He
hopes the Supervisors approve the soccer project because the fields are really
needed.
Mr. Dan Rosensweig, the Director of Player and Coaching Development of
SOCA, stated that when he assumed his current position this summer, he
immediately spent two days in closed session with Bill Mueller, SOCA's
Executive Director, to develop a vision for the future. They first reflected
on some of the many things the program does well, and he mentioned that the
program has developed more top-level soccer players per capita than any
program statewide. He noted that the program provides fun, safe and meaning-
ful experiences for thousands of children on all levels, and it serves as a
resource for other community services such as the Young Women Leaders Program
run by the University Women's Center. The SOCA staff members then began
turning their attention to the future and began planning programs targeting
the least privileged of the area's population. He explained that in the next
couple of years they want to expand opportunities so every child in the area
who expresses an interest in playing this great, democratic game will be able
000228
September 9, 1998 (Regular Night Meeting)
(Page 13)
to do so, regardless of economic means, language problems and traditional
institutional and community barriers. Additionally, they want to expand the
program of coaching instruction and they want to offer more year round
programs to serve children when they are most in need. They would like for
soccer to be the most positive, pedagogically sound and accessible sport
available, not just in the County, but in the state, as well. He is convinced
they are doing things right, but they need County officials' help in a big
way.
He went on to say despite heroic efforts of volunteers and staff members
who miraculously get things accomplished every weekend, they are limited in
what they can do. Too much time is spent in finding fields, begging high
school athletic directors, coordinating with other programs, altering
schedules and notifying coaches, etc. He commented that too many games and
practices are played on overused surfaces which makes participation much less
fun and seriously increases the potential for injury. Fields are needed, and
right now the Board of Supervisors has in its power the ability with a single
vote to put into motion a rare instance of private initiative directly serving
the public good. He remarked that the South Fork Soccer Field project is a
sound proposal, and it has been endorsed by the Albemarle County Parks and
Recreation staff, as well as by members of other sports organizations with
which SOCA competes for fields. It is a valuable use of flood plain land, and
green space will remain green space. He noted that it fits in with the
Comprehensive Plan identifying the need to provide recreational opportunities,
and it recognizes this particular site as a crucial buffer between the urban
area and Hollymead. He said all of this has a minimal impact on vehicular
traffic.
He then added that during his eight years as a resident of this area, a
few things have become expressly obvious to him. First, Albemarle County is a
uniquely fine place for families, and it maintains standards rarely found in
other American towns besieged by strip malls, gated communities and for profit
soccer clubs. Secondly, soccer not only reflects values of the community, but
also to a very large degree, teaches and enforces them. He said Albemarle
County would not be what it is without soccer and without the 300 volunteer
coaches guiding, teaching and inspiring the more than 3,500 children in the
program. He also mentioned the opportunity for the more than 600 adults, many
of them new to the area, to meet new people and bond. He remarked that scores
of families enjoy crisp Saturday afternoons together on the soccer field.
Mr. Bowerman asked Mr. Rosensweig to explain what he means by the term,
"pedagogically sound," as it relates to children in the soccer program. Mr.
Rosensweig answered that the SOCA staff members spend a lot of time thinking
about how they teach children and how the children learn. He said not only
are there people who are expert at soccer in the program, but there are also
people involved who are experts in child development. They are trying to
teach the children to become better thinkers and better citizens, etc.
Mr. Paul Stephen informed Board members that he lives in Key West, and
he has had children involved in the soccer program for the last 14 years. He
said his two youngest c~ildren are playing now, and he has coached for the
last two years. He does not have any official connection with SOCA, but he is
a consumer. He is also one of the people who comes from the east, because the
best access to Hollymead is through the eastern approach of Polo Grounds Road,
and right now Hollymead is where his children play most of their games. He
mentions this because there is already a problem, and without these fields,
there is still significant traffic. He remarked that on Saturdays, he would
be going to Hollymead, anyway, for the games there. He is also seriously
concerned about the underpass, and he tries not to use it when he has children
in his car. He added that it is possible the development of these fields
might be an occasion for a creative response to what already is a serious
problem, and it should be addressed. He said soccer has a good record of
mobilizing its people and getting them to behave collectively and responsibly.
One possibility would be to strongly encourage all parents to use the not too
terribly inconvenient alternative by going out to Proffitt Road rather than
taking the eastern approach for the small fraction of people who come from the
east. He reminded the Board members that soccer is not just for soccer moms,
and it is not just a fad in this country. He said Charlottesville happens to
be the home of the foremost college program in the country, and the reason
there are not as many children here tonight, is beCause they are at the UVa
game. The inspiration of the college team works with the soccer program in
providing players as well as coaches for training, and it creates a synergy
that this Board has to help develop.
000 9
September 9, 1998 (Regular Night Meeting)
(Page 14)
Mr. Martin asked Mr. Stephen the route he would take if he was leaving
his home in Key West to drop off a child at Darden Towe Park, and then he
wanted to go to the proposed fields area at Polo Grounds Road. He wondered if
he would travel Route 29. Mr. Stephen answered that the easiest way to go
from Darden Towe Park to the proposed fields would be to go up the Bypass,
take a right on Park Street and then cut through Carrsbrook.
Mr. Fran Lavin, a resident of Forest Lakes, spoke in support of the
soccer fields. The traffic to which people are referring on Polo Grounds Road
is coming from the access road going into Forest Lakes South. During the next
three or four years there will be another 400 to 500 families in Forest Lakes
which will make this problem worse than it is today. He noted that the field
at Forest Lakes is already overused, and it is probably two years away from
needing to be restored, itself. He said Hollymead's field just went through a
rehabilitation, which happened over the last couple of years, as a result of
the usage. With the growth north of the river, some soccer fields are needed
in this area in order to take care of the additional families and the children
who are going to be living there soon.
Mr. Richard Aust, a member of the Board of Directors of SOCA, a soccer
coach, and the parent of two children in the program, stated that he is also a
County resident. The County's children are playing on soccer fields that are
really in bad shape, and the Supervisors have the opportunity to help make an
improvement. He asked all of the children who were present to stand to show
their support for the soccer program (approximately 12 children responded.)
He then referred to the Planning Commission meeting when the vote was taken on
this matter. He came away concerned that the Commissioners really did not
understand how big a problem this is. In spite of the statistics, one
Commissioner asked why supporters of this project wanted to build soccer
fields instead of volley ball or baseball fields. This Commissioner said
specifically that she did not believe five soccer fields were needed. He
cannot speak to the need for any other sport, park or recreational need, but
he has firsthand knowledge of the need for soccer fields.
He next asked the Supervisors to consider the statistics they have been
hearing. He remarked that there are 3,500 players on 200 teams who are going
to be suiting up this fall for over 120 games every weekend. He said over 275
practice sessions have to be scheduled every week, and there are only 24
fields that can be used. No wonder the fields are in terrible shape. There
are so many people in love with this sport that they are overwhelming the
facilities, and the result of this is that a lot of the fields are hazardous.
He added that now Dr. Hurt has volunteered to donate this site and do some
work on it to allow the SOCA organization to develop five fields. It is a
small step forward but it is an extremely important one.
He has three different perspectives on this issue. As a parent, he sees
this as an opportunity to start making the fields safer for the children. As
an administrator of the soccer program, he sees this as an opportunity to
finally start alleviating some of the overuse and congestion on the fields.
As a taxpayer, he sees this as a fabulous opportunity to improve the recrea-
tional facilities in the County at no cost to the taxpayers, and he asked what
could be better. He emphasized that this is a fantastic opportunity for
Albemarle County's children, and he asked the Supervisors to vote for approval
of this plan.
No one else came forward to speak, so Mr. Martin closed the public
hearing.
Mr. Bowerman mentioned the reference to the special permit for the
church with the use of one access point to serve the residue parcel that went
beyond the church use. He asked if there was any discussion of this by staff
in terms of a joint access to serve the entire acreage. Mr. Cilimberg
answered that he was not involved in any such discussion. He noted that the
church plan has not come forward, but if it had, the opportunity for this
discussion would have been during the site plan review.
Mr. Bowerman said Dr. Iachetta mentioned that the location for the
entrance for the proposed use could serve any potential use there and should
be located in the best spot possible. Mr. Roell responded that the location
of the entrance for the soccer field is approximately 35 feet lower in
elevation, and it comes through a separate newly acquired parcel. He then
pointed out the location of the entrance on a map. The overall site is 60
feet higher than the site for the fields, so the two entrances are involved
September 9, 1998 (Regular Night Meeting)
(Page 15) ~:~' ,<
000230
with completely different parcels, and they have completely different
elevations. He added that if there is a problem with the location of the
Meadow Creek Parkway, he would suspect it would pass through the upper site,
rather than the lower one.
Mr. Martin commented that to use the proposed entrance for the church,
vehicles would have to enter the entrance and then immediately travel upward
to get to the church. Mr. Roell answered affirmatively. Mr. Bowerman
wondered if the entrance was on a parcel that Dr. Hurt did not own when the
special permit for the church was before this Board. Mr. Roell replied that
this is correct. He added that this entrance has commercial sight distance,
and when the bridge is improved on Route 29, there is a traffic light slated
for the Polo Grounds Road entrance. He also noted that Polo Grounds Road will
be paved within the next two and one-half years after that according to VDoT's
schedule.
Ms. Humphris mentioned that the applicant's proposal was for Parcels 22
and 22C. She said, though, when Mr. Roell was speaking he mentioned that the
road crosses Parcels 23C and 22A. Mr. Roell answered that there are three
parcels involved. There is .67 of an acre at the entrance, as well as the tip
of the church parcel, and then there is the major parcel.
Ms. Humphris recalled a problem with another applicant where, because
part of his parcel is in a jurisdictional area, he thought his building should
be eligible for public water. She said she cannot figure out if this is a
similar circumstance. Mr. Cilimberg responded that in the first special use
permit, the jurisdictional area decision was based on Parcel 22 for the
church. He said this current proposal involves development on Parcels 22 and
22C. The access to where the development will occur is crossing part of two
parcels. However, the only jurisdictional decision made at this point is for
Parcel 22. He reiterated that a portion of this development is on Parcel 22,
as well as Parcel 22C.
Mr. Bowerman asked Mr. Cilimberg to point out the parcels to which he is
referring on the map. Mr. Cilimberg did so. He also pointed out Tax Map
Parcel 26C-1. He said it appears, for access back into the parking area where
the building and the field space are located, that part of this parcel will
also be crossed. Mr. Bowerman asked if this parcel is also owned by the
applicant. Mr. Roell replied affirmatively.
Ms. Humphris inquired about the topography on Parcel 26C-1. Mr.
Cilimberg responded that this is an area that is going to be cut back into the
site. The topography at the entrance, according to VDoT, will require some
sight distance up to 450 feet, because this is the requirement for a
commercial entrance to exist. He mentioned that there is a rise on the hill
where the church would be located. He believes, under the first special use
permit, that a reference was made to Parcel 22, itself, as far as serving the
residue beyond the church. He said, though, he will have to verify this, and
he noted that the proposed development is primarily on Parcel 22C.
Mr. Bowerman called attention to the prior special use permit where it
indicated that property shall be limited to a joint entrance serving the
church and.residue acreage. He asked to which parcel the residue acreage
refers. Mr. Cilimberg answered that it would be Parcel 22C, and although some
of the parking area and activities associated with the building are on Parcel
22, Parcel 22C is the one most affected by this proposal.
Mr. Perkins asked Mr. Cilimberg to point out the public sewer line on
the map, and he did so.
Mr. Roell stated that, on behalf of Dr. Hurt, he is not asking for
anything except a place to build the soccer fields. Mr. Bowerman asked if Mr.
Roell took this plan to Dr. Hurt. Mr. Roell answered affirmatively. He said
it took him a month to convince Dr. Hurt this project would work there. Mr.
Roell stated that he has been a soccer coach for four years, and his children
have played soccer for eight years. He explained that this is what prompted
him to get involved with this project.
Ms. Humphris stated that she knows who officially made the request for
the addition of the property to the jurisdictional area. She asked, though,
if this was Mr. Roell's idea or the organization's that there be public sewer
to this site. Mr. Roell replied that it was his idea. He said if he could
have had gravity feed there, he would not even have brought up the issue.
September 9, 1998 (Regular Night Meeting)
(Page 16)
O00Z3i
However, sewage would have to be pumped uphill. It certainly makes a lot of
sense to have a public sewer line.
Mr. Bowerman asked how Mr. Roell decided on five fields. Mr. Roell said
that five fields will fit in that area. However, if he could have fit seven
fields there, he would have asked for seven. He explained that these fields
can be rotated 90 degrees, and they can be slid from side to side, so the same
spot is not worn down. He referred to the smallest field, which he said is to
serve children from five to eight years old. A suggestion has been made to
add a tot lot or playground, which he thinks is a good idea, for the younger
children.
Ms. Humphris emphasized that she understands the need for more fields,
but she has some problems that do not necessarily have to do with the fields.
She then referred to the Comprehensive Plan and the fact that this area is
supposed to remain a buffer area and green space between the urban neighbor-
hood development and the Hollymead line. She said County officials have been
serious about maintaining thisl When this plan was proposed, she started to
wonder what was going on there, and she went to the site. She then inquired
about the purpose of the big area of fill that is flattened out and is still
in the huge swale just to the east of the property.
Mr. Roell answered that according to County restrictions and zoning
ordinances, etc., the only place where a waste or borrow area can be located
is in an RA district. He said that if it is not in a flood plain, and it is
in an RA district, it is a matter of course to create a waste or borrow area.
This area is close to Rio Road, and since Faulconer Construction is making
all the improvements to Rio Road, personal arrangements have been made with
the Engineering Department and Dr. Hurt for Faulconer Construction to use this
spot to place their refuge, gravel and top soil, etc.
Mr. Bowerman stated that no one can build on this area because it is not
compacted. He said it is just a borrow and fill area. Mr. Roell said it can
be a parking lot for a church site, but it cannot be a building site.
Ms. Humphris mentioned that she has heard about a civil engineer intern
from the University of Virginia Engineering School who is talking to residents
about land in the proposed area for a possible retirement village. She asked
if Mr. Roell can speak to this matter. Mr. Roell responded that there was a
student intern from the Engineering Department at UVa who came to his office
through the summer to do some studies. He looked at this site, as well as
others, and his specific focus was on retirement. JABA has also come to his
office and discussed the same site for retirement homes. Ms. Humphris said it
is not zoned for retirement homes, and it is not shown that way in the Compre-
hensive Plan. Mr. Roell concurred.
Ms. Humphris wondered why Mr. Roell would be making overtures for a
retirement home when the Comprehensive Plan and the Zoning Ordinance speci-
fically state that this area is to be kept a green buffer and that there will
be no development there other than allowed by right. Mr. Roell answered that
he is not making such overtures, and he has not formally made this type of
approach. He said a student has proceeded to do an ideological study. Ms.
Humphris asked if the student was working for him and Dr. Hurt. Mr. Roell
replied, "yes." He went on to say the student was doing an internship in his
office, but he is no longer there, because he is back in school. The student
also studied several sites, but this is a consideration that he undertook, and
there is no formal application or consideration for it.
Ms. Thomas asked about the timing for the traffic light to be installed
at Route 29 and Polo Grounds Road. Mr. Roell answered that when VDoT does the
bridge improvements, it is intended that a light be installed at the Polo
Grounds Road and the Route 29 intersection. Ms. Thomas wondered if this
traffic light would only be installed during the bridge construction, or would
it be left there permanently. Mr. Roell responded that it will be a perma-
nently installed traffic light.
Mr. Perkins inquired as to how much grading will have to be done on the
soccer fields. Mr. Roell answered that very little grading will have to be
done. Mr. Perkins then wanted to know if the fields have to be perfectly
flat. Mr. Roell replied, "no." There are a few deviations to the surface,
and the land rises to the river. The buffer ridge will be maintained at the
river. He noted that there are one foot lines which are almost negligible
across the 1,000 feet of cross fill, so there is a total of five feet of fall
September 9, 1998 (Regular Night Meeting)
(Page 17)
000232
on 1,000 feet which is purely to shed some water.
Ms. Thomas referred to the very dangerous underpass on Polo Grounds
Road. She inquired if there are any plans to improve this underpass. Mr.
Cilimberg replied that it is not currently in the Six Year Plan. He said at
one time it was on the priority list, and it was being pursued. However,
because of the combination of the cost of realigning Route 643 to bring it
through the underpass, as well as some stringent property owner resistance on
the key property to do the realignment, it was dropped. This goes back a
number of years, because when he first came to the County, it was a project,
which had been identified, and it was on the priority list. He is not aware
of any discussions which have occurred on any kind of light control for the
underpass, although, it is something that could be investigated with VDoT as
to whether or not it might be a workable possibility. Mr. Martin asked if Mr.
Cilimberg is referring to a flashing light. Mr. Cilimberg said this could be
a consideration or there may be the possibility of a traffic light at each end
of the underpass. Ms. Thomas pointed out that there are not many places in
the County where drivers have to blow their horns before entering an area.
Ms. Humphris noted that putting in a septic system in this location is
not ideal, and she asked if it can be done. Mr. Cilimberg replied, "yes." Ms.
Humphris commented that if it was a question of not having the fields at all
or having the fields with a septic system, she would think people would rather
have the soccer fields. Mr. Cilimberg stated that he would imagine this is
true, although Ms. Humphris would need to ask the applicant this question. He
went on to say the applicant has verified that the fields can be done.
Ms. Humphris referred to the mention of offices in the 2,000 square foot
building. She was surprised because she did not think an office use would be
accessory to a soccer field. Mr. Cilimberg responded that the applicant might
wish to speak to this, but he understood that the building would be a location
for the officials to work from when there was game activity.
Ms. Humphris wondered if office or indoor space is available at other
field locations. Mr. Mueller remarked that the reference to offices was
envisioned more or less as a place to have a telephone, and it would not be an
office that would be occupied on a permanent basis. He mentioned that SOCA
has its own offices on Greenbrier Drive, and the proposed office would not be
something used on a daily or ongoing basis. He said if someone is operating
maintenance equipment, the office would mainly be a place for a person to keep
files and have a phone. He explained that it was not envisioned to be
someone's working office space.
Ms. Humphris next asked the County Attorney how an office space use
would fit in this area. Mr. Davis replied that unless it was truly an
accessory to the athletic fields, it would not be permitted. He went on to
say it would have to be very limited in scope for it to be allowed.
Mr. Bowerman inquired if the building in the plan is for office space or
public concessions. Mr. Cilimberg replied that it is for such things as
storage, concessions, etc. Ms. Thomas noted that the building is 32 by 60
feet. Mr. Cilimberg stated that he does not know for a fact, but he imagines
the building will possibly be used for a changing room.
Mr. Mueller stated that it was not envisioned as a changing facility.
He noted that there will be bathroom facilities there, but the bulk of the
building will be used for storage of maintenance equipment to be used for such
things as lawn cutting. He said it is also large enough that a full size
goal, which is 24 feet, can be taken into the building for repairs. He noted
that these goals periodically need to be painted, welded and maintained. He
then referred to the concessions, and he said a counter had been envisioned
where refreshments can be sold.
Mr. Martin mentioned the concession stand at Hollymead. Mr. Bowerman
wondered if the concession stand is put up and taken down on a regular basis.
Mr. Cilimberg explained that the concession stand is at Hollymead for the
season, and it is opened and closed for each game event. Mr. Mueller pointed
out that at Darden Towe Park, there are vendors such as Pepsi Cola and Coca
Cola. These stands are shut during the week, but they are open on game days.
This proposal puts the concession stand in a more permanent and protected
environment.
September 9, 1998 (Regular Night Meeting)
(Page 18)
O00ZL 3
Mr. Cilimberg reported that the Lane Field operates in a similar manner
with the building located next to it. These concessions also open and close
for games. Mr. Martin inquired if it would be acceptable to have some type of
condition that the concessions would only be open when the fields are open.
Mr. Mueller answered affirmatively.
Next, Mr. Martin asked if there are any accident reports for the roads
in this area. Mr. Cilimberg replied that he has no such infOrmation, but he
is sure the Police Department has this type of accident information.
Mr. Tucker asked if the Board members are expecting the staff to move
forward with examining the underpass situation with VDoT to see what can be
done. Mr. Martin said this could be done if the Board approves this request.
Mr. Bowerman disagreed. He suggested that the underpass situation be
examined with VDoT, anyway. He has been on this road recently, and he does
not like the idea of honking a horn as the only indication a car is coming
through the underpass. The drivers may have their windows up, and they may
not hear a horn blowing. Other Board members agreed.
Mr. Bowerman mentioned the buffer area between the urban areas, and he
recalled that the special permit for the church was passed by this Board on a
vote of four to two. He said this permit still exists. He then noted a
concern on his part about the request for the sewer connection for this
proposal, and he mentioned the precedent set by a connection to the sewer line
for another use. He also has some concern about the proposed structure to be
put into place on the property. He would prefer the structure would be for
restrooms and equipment storage. He added that if there are concessions
available, then he thinks something such as a portable Pepsi stand would be
sufficient. He noted that the concession stand could be left on the site, but
it would be separate from the building. He also stated that the issue of the
underpass should be dealt with separately, and it ought to be considered,
anyway. He next referred to the Comprehensive Plan. The reason this proposal
is attractive to him is because it serves two urban areas, in terms of a
meeting ground for recreation, and it is in a place where the proposed use
will not be detrimental to the land. It seems a logical use of an open space
designed for this very purpose. It may technically be inconsistent, but the
church was more inconsistent, although he supported the church application.
Ms. Humphris pointed out that she did not support the church's request.
Mr. Bowerman noted that he does not have a problem with interpreting the
Comprehensive Plan in a more favorable light as far as the placement of the
soccer fields in this area. He reiterated, though, that he is concerned about
the structure and its use.
Mr. Martin remarked that it seems to him the issue is not whether there
are concessions. He added that it seems a little unreasonable to allow the
applicant to have a concession stand out in the middle of a lot, but he cannot
have something that looks a lot nicer in a building. However, he thinks the
issue relates to the traffic problems, and the fact that this activity will
increase the traffic. He does not think the traffic will increase from Polo
Grounds Road to Route 29. When he went to visit the site, it never crossed
his mind to go by way of Proffitt Road and Polo Grounds Road. He said it was
so much easier to go via Route 29. He then referred to his question to Mr.
Stephen, who lives in Key West about the direction he would take to the
proposed fields from Darden Towe Park. He said Mr. Stephen answered that he
would go the back way if he was coming from Key West. However, if he was two
miles up the road at Darden Towe Park, he would go by way of the Bypass, Park
Street and Route 29. Mr. Martin stated that he would do the same thing. He
thinks there could be an increase in traffic on Polo Grounds Road, itself, and
this is the issue. The issue is whether this Board wants to permit more
traffic on Polo Grounds Road and in the Proffit Road area. He mentioned that
in the past the people on Proffitt Road have had to deal with the fact that
during a certain time in the morning and a certain time in the afternoon,
there is rush hour traffic trying to get from Pantops to GE, as well as people
from the northern area trying to get to State Farm. In the middle of the day
it is not so bad and on Saturdays and Sundays it is a tolerable situation, but
this proposal could make the situation intolerable on Saturday~ and Sundays.
He added that if the concession stand is limited to the time the fields are
open, he does not see it as a big issue.
Mr. Bowerman concurred that traffic is a big issue with this proposal.
He said, though, he believes the traffic counts were noted at the Planning
Commission as being a lower number than the staff reported. He understands
September 9, 1998 (Regular Night Meeting)
(Page 19)
000234
that there will be a traffic light proposed for Polo Grounds Road and Route 29
with completion of the six laning and the bridge rebuilding. He is not sure
if the special permit for the church triggers the improvements for Polo
Grounds Road, or if it is in the County's secondary roads plan. Mr. Cilimberg
responded that the Polo Grounds improvements were actually tied to Condition
Number Eight, which was recommended by the Planning Commission, if the church
and the soccer fields projects are actually done. Route 643, itself, is not
in the Six Year Plan.
Mr. Martin commented that the County is getting everything it possibly
wants in this situation. Although, there is one thing County officials do not
want, which is increased traffic, but it is impossible to have everything. A
lot of people live near Proffitt, and he intends to be at the community picnic
on September 27. He has the utmost respect for Mr. Iachetta and Mr. Evans,
and they do not ask for something unless they are looking at both sides of the
issue. Mr. Martin reiterated that traffic is his main concern, but when he
looks at the overall scope of this and the overall picture, this is a perfect
example of the private sector working together with local government and
creating something that is needed. He noted that these fields are needed to
the point that the County is going to have to pay to build and maintain such
fields somewhere in the northern area. He said this way, not only will the
fields be free, but also the County will not have to pay for the maintenance.
He pointed out that the County has to maintain all of the other parks and
recreational areas. He referred to one of the earlier comments that the
County does not have fields for its children. He wanted to correct this
statement, because there may not be enough fields, but Albemarle has a lot
more fields than some of the other counties. This County believes in its
children, and it believes in trying to promote athletics and the use of the
body. Hopefully, County officials can continue along this line. In general,
Mr. Martin stated that he will have to support this proposal, although he does
have some real concerns about allowing the connection to the sewage system.
Mr. Bowerman said he is trying to accommodate the use that has all of
the benefits to which Mr. Martin referred. Yet, he wants to deal with the
concerns he and other members of this Board may have, so this project will
happen rather than not happen.
Mr. Martin said if the applicant wants to have a concession stand that
can only be open during the hours the fields are open, then he does not see a
problem, although, he will be willing to entertain ideas from other Board
members.
Ms. Thomas said she is more attracted to the idea of having a condition
that the stand is only open when the soccer activities are underway. The
Supervisors are supposed to try to think of unintended consequences, and even
though she does not believe it will happen, one idea is that this concession
stand might become bigger than just a way to take care of the soccer players.
Ms. Thomas remarked that she thinks this is a condition that should be added.
Mr. Bowerman asked if Ms. Thomas is indicating that it is acceptable to
have the concession as part of the structure. Ms. Thomas answered, "yes."
Ms. Humphris concurred that this would also be acceptable to her. She
thinks all of the Board members want to make this project possible, but there
are other things to consider. She does not know if the Supervisors can do
anything about the traffic, other than what will happen in the future when the
church moves to the site, which will be an automatic upgrade. She can support
this proposal, including the concession stand, with the condition indicating
the times it will be open. She added, though, that she will never agree to
adding this site to the jurisdictional area, which is her major reservation
about this project.
Ms. Thomas agreed that the jurisdictional area proposal was also her
major concern. She went on to say she is intrigued with the idea of having
SOCA join the Adopt-A-Road program. ~This program is verifiable, it has
standards, it does not allow children to be involved, and it is either being
done to the satisfaction of the Highway Department, or it will be taken away.
She added that this program would make a verifiable condition as opposed to a
well-meant, but not verifiable, promise that the road would be kept clean.
Mr. Davis remarked that VDoT has very specific guidelines as to how the
application process works. There could be a group of people who already have
this segment of road, so it may be impossible for SOCA to do it. He noted
September 9, 1998 (Regular Night Meeting)
(Page 20)
0002.35
that the program is limited to one group per segment of road.
Several people indicated that the Proffit Road Association is already
involved with this portion of road.
Mr. Cilimberg suggested that one way to approach the situation is to
have the SOCA Association agree to assist the Proffit Road Association.
Mr. Martin commented that he believes the Association members will be
more than willing to work with the people from SOCA to figure out a way this
program can be done jointly or increase the number of times the cleaning is
done.
Ms. Thomas indicated that she is unsure how to handle this situation
with a condition, since she did not realize someone else had already adopted
the road. She then recalled that when there was discussion of another soccer
field complex, a tot lot was in the request by parents. She asked if this
should be dealt with when the site plan is reviewed. Mr. Davis stated that he
does not think this is something that could be required with a site plan. Mr.
Cilimberg said if the Supervisors expect a tot lot to be a part of the
project, this is the time to take care of it. Mr. Davis reiterated that
unless a tot lot is required by the use, there is no site plan requirement for
it. Mr. Martin remarked that he thinks it is an excellent idea.
Ms. Thomas wondered if the tot lot can be done without the Board of
Supervisors requiring it, if it is not on the site plan. Mr. Cilimberg
answered affirmatively. If the applicant chooses to do it, he certainly
could, although it would need to show on the site plan. This is something the
applicant can choose to do during the site plan process, because there is
nothing in the Site Plan Ordinance which prevents him from doing it. Ms.
Thomas wondered if it is not shown on the site plan, would the applicants not
be able to include the tot lot. Mr. Cilimberg replied that they could amend
their site plan to include the tot lot at the point in time when they would be
pursuing it.
Mr. Roell suggested that administrative approval be granted for staff to
review the final site plan to incorporate such a structure. Mr. Martin
inquired if the tot lot would be stationary or would it be moved as the fields
are rotated. Mr. Roell answered that the tot lot would be stationary, and it
would probably be located at the very northern edge between the parking lot
and fields. There is a broad open space 50 feet away from the stream, and the
buffer could stay intact. The upper parking lot is a future parking lot so it
is grassy, and there is ample space at the high end of the edge of the fields.
He said people can watch small children while they observe the field play. He
went on to say that the applicants cannot add the tot lot without administra-
tive approval. However, when a spot has been located that is acceptable to
staff, then it will be incorporated on the site. Mr. Cilimberg stated that
this would be part of the final site plan, which the staff normally handles
administratively, anyway.
Ms. Thomas said this sounds as though the tot lot would not have to be
added as a condition. Mr. Davis responded that the tot lot would need to be
added as a condition to the special use permit, and then the site plan can be
amended.
Mr. Bowerman referred to the change in Condition Number 11 which
indicates that the special permit shall be void upon notice by the Board of
Supervisors. He said this specifies the entity that would actually issue this
instruction. He next mentioned the reference to the structure in terms of
equipment storage, restroom facilities and the limitation of the concession
stand to be open only during field activities. He is unsure if this should be
put zn now as a condition, or if it should be part of the site plan.
Mr. Davis suggested that the reference to the structure be included as a
condition. He said it should be Condition Number 12, and it would state that,
"The use of the building shall be limited to restrooms, equipment storage and
a concession counter." Condition Number 13 would indicate that, "The
concession counter shall only be open during use of the soccer fields." He
explained that Condition Number 14 would say, "A tot lot shall be provided."
Ms. Thomas commented that she thinks the Board is arriving at the right
conclusion, but she thinks the character of the area is being changed. She
stated that in every aspect except the traffic, it is a good offer, and it
September 9, 1998 (Regular Night Meeting)
(Page 21)
000286
meets a desperate need. She said she thinks all of the Supervisors are
thinking along the same lines.
Motion was then offered by Mr. Bowerman, seconded by Ms. Humphris, to
approve SP-98-18, subject to the conditions recommended by the Planning
Commission, and the amended conditions presented at the Board meeting, with
#11 amended to" ... notice by the Board of Supervisors that a road design...";
add #12 - ~ The use of the building shall be limited to restrooms, equipment
storage and concession counter" ; add #13 - ~ The concession counter shall be
open only during use of the soccer fields" ; and add #14 - "A tot lot shall be
provided" . Roll was called and the motion carried by the following recorded
vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and Ms. Humphris.
NAYS: None.
ABSENT: Mr. Marshall.
(The conditions of approval are set out in full below:)
8o
10.
11.
12.
13.
14.
No exterior lighting shall be installed;
No loudspeakers or public address system shall be permitted;
No portion of any field shall be located closer than seventy-five
(75) feet to any lot line;
Compliance with the provisions of Section 5.1.16;
Entrance to the site shall be gated to prevent use of the site
after hours and during flood events;
The final site plan shall reflect any changes to the floodplain
and floodway limits, and the applicant must provide computations
supporting any such changes, as well as copies of the
correspondence demonstrating approval by FEMA;
Water quality measures shall be provided to achieve water quality
at least equivalent to pre-development conditions, subject to the
approval of the Water Resources Manager;
Route 643, Polo Grounds Road shall be upgraded with a minimum of
1.5 inches of SM-2A from Route 29 to the entrance of the soccer
fields. This work shall be completed prior to the applicant
making use of both SP-98-18/SP-98-22 [Soccer Fields] and SP-90-35
[Church]. The applicant may make use of one of the special use
permits without the need to upgrade Route 643, Polo Grounds Roads;
The owner shall reserve a one hundred (100) foot wide strip of
land the length of the property abutting the northern side of the
Rivanna River for the Rivanna Greenway. The width of the reserved
area shall be measured from the edge of the Rivanna River at its
normal flow level. When the County decides to establish a public
area or park, including canoe access, within the reserved area,
upon the request of the County, the owner shall dedicate the
reserved area to the County and such property necessary for
ingress and egress to the reserved area;
Phase I archeological survey shall be completed, followed by
appropriate mitigation measures, as directed by Planning staff,
prior to issuance of a grading permit;
The special permit shall be void upon notice by the Board of
Supervisors that a road design plan which conflicts with this use
has been approved by VDOT encompassing this property;
The use of the building shall be limited to restrooms, equipment
storage and concession counter;
The concession counter shall be open only during use of the soccer
fields; and
A tot lot shall be provided.
Mr. Davis said action now needs to be taken on SP-98-22 relating to the
flood plain. The staff is recommending the same conditions for this special
use permit.
Motion was offered by Mr. Perkins, seconded by Mr. Bowerman, to approve
SP-98-22 subject to the same fourteen conditions of SP-98-18. Roll was called
and the motion carried by the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and Ms. Humphris.
NAYS: None.
ABSENT: Mr. Marshall.
September 9, 1998 (Regular Night Meeting)
(Page 22)
000237
(The conditions of approval are set out in full below:)
80
10.
11.
12.
13.
14.
No exterior lighting shall be installed;
No loudspeakers or public address system shall be permitted;
No portion of any field shall be located closer than seventy-five
(75) feet to any lot line;
Compliance with the provisions of Section 5.1.16;
Entrance to the site shall be gated to prevent use of the site
after hours and during flood events;
The final site plan shall reflect any changes to the floodplain
and floodway limits, and the applicant must provide computations
supporting any such changes, as well as copies of the
correspondence demonstrating approval by FEMA;
Water quality measures shall be provided to achieve water quality
at least equivalent to pre-development conditions, subject to the
approval of the Water Resources Manager;
Route 643, Polo Grounds Road shall be upgraded with a minimum of
1.5 inches of SM-2A from Route 29 to the entrance of the soccer
fields. This work shall be completed prior to the applicant
making use of both SP-98-18/SP-98-22 [Soccer Fields] and SP-90-35
[Church]. The applicant may make use of one of the special use
permits without the need to upgrade Route 643, Polo Grounds Roads;
The owner shall reserve a one hundred (100) foot wide strip of
land the length of the property abutting the northern side of the
Rivanna River for the Rivanna Greenway. The width of the reserved
area shall be measured from the edge of the Rivanna River at its
normal flow level. When the County decides to establish a public
area or park, including canoe access, within the reserved area,
upon the request of the County, the owner shall dedicate the
reserved area to the County and such property necessary for
ingress and egress to the reserved area;
Phase I archeological survey shall be completed, followed by
appropriate mitigation measures, as directed by Planning staff,
prior to issuance of a grading permit;
The special permit shall be void upon notice by the Board of
Supervisors that a road design plan which conflicts with this use
has been approved by VDOT encompassing this property;
The use of the building shall be limited to restrooms, equipment
storage and concession counter;
The concession counter shall be open only during use of the soccer
fields; and
A tot lot shall be provided.
Mr. Davis explained that since the Planning Commission denied the preli-
minary site plan, this Board will need to approve the site plan with a
condition that a tot lot be added for approval with the final site plan.
Motion was offered by Ms. Humphris, seconded by Mr. Bowerman, to approve
SDP-98-055 subject to the four conditions of staff and a condition #5 - ~ A
tot lot shall be provided on the final site plan" Roll was called and the
motion carried by the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and Ms. Humphris.
NAYS: None.
ABSENT: Mr. Marshall.
(The conditions of approval are set out in full below:)
Engineering Department approval to include:
a. Approval of an Erosion Control Plan; and
b. Approval of stormwater management BMP plans. This will
include receipt of a completed facilities maintenance
agreement.
Health Department approval;
Building Code and Zoning Services approval to include:
a. Provision of one van-accessible barrier-free parking space
with its adjacent access aisle and accessible route to the
building entrance, at the storage and restrooms building.
Planning Department approval to include:
a. Landscape plan; and
b. Notation to insure compliance with conditions of SP-98-18
and SP-98-22; and
September 9, 1998 (Regular Night Meeting)
(Page 23)
0002.,38
c. A tot lot shall be provided on the final site plan.
Motion was offered by Ms. Humphris, seconded by Mr. Bowerman, to deny
the jurisdictional area boundary request to add sewer service to Tax Map 46,
Parcels 22 and 22C. Roll was called and the motion carried by the following
recorded vote:
AYES:
NAYS:
ABSENT:
Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and Ms. Humphris.
None.
Mr. Marshall.
(The Board recessed at 9:00 p.m., and reconvened at 9:10 p.m.)
Agenda Item No. 10. SP-98-38. Klm Rogers (Sign #50). PUBLIC HEARING
on a request to construct professional offices on 0.794 acs. Loc on E sd of
Hydraulic Rd (Rt 743) S of its inter w/Rio Road E (Rt 631). Znd R-10.
TM61,P13A. Rio Dist. (This site is located in a designated growth area.)
(Advertised in the Daily Progress on August 24 and August 31, 1998).
Mr. Cilimberg summarized the staff's report which is on file in the
Clerk's office and a permanent part of the record. He noted that this is a
request to locate a maximum 8,000 square foot, two-story professional office
building and approximately 24 parking spaces on a triangular shaped parcel
which currently contains an abandoned gas station. This property is located
on the east side of Hydraulic Road (Route 743) just south of its intersection
with Rio Road West (Route 631). He pointed out that this property is less
than an acre in size, and it is adjacent to Townwood townhouses and Garden
Court townhouses. It is in an urban area of the County designated for urban
density residential, and while this would sacrifice residential infill
opportunities, there are two justifications for the proposal.
The first relates to the former commercial use of the property, and the
second involves the shape and dimensions of the parcel, which may be more
conducive to an office rather than a residential use. He commented that the
objectionable aspects are factors which could reasonably be anticipated to
disrupt a residential atmosphere. However, the staff does not think the
proposed office use will be of substantial detriment to adjacent property with
proper screening and buffering. The issue seems to be the width of the
setback/buffer from abutting residential properties to provide screening from
the parking lot. He went on to say the staff feels that adequate area should
be provided to allow for the landscape buffer, and there are existing trees
along both property lines, although the trees adjacent to Garden Court are
more substantial. The staff is recommending a minimum of 25 feet to be
maintained along both property lines and, in addition, a fence would be placed
between the parking lot and the Townwood units. He noted that there is an
existing fence along the Garden Court property line.
Mr. Cilimberg said the staff recommends approval of the request with
three conditions. The Planning Commission has also recommended unanimously
approval, but modified the staff's recommended conditions. First, the
Commission recommended that a 15 foot buffer would be adequate because there
is an opportunity within 15 feet to preserve existing vegetation as well as
provide for additional screening. Secondly, the Commission changed Condition
Number Three to indicate that the building should be no more than two stories
in height, but did not make any reference to the design within the character
of the area. He explained that the Commission discussed hours of operation
for the offices, but decided not include this as a fourth condition.
Mr. Bowerman inquired about this fourth condition. Mr. Cilimberg
responded that Commission members discussed the possibility of the office use
to hours of operation, but they did not include this as a condition.
Mr. Martin asked the applicant for comments.
Mr. James A. Morris stated that he and Ken Rogers are partners in
business, and they hope to build an office building to accommodate their
businesses. He noted that Ken Rogers has had an insurance and real estate
business in this area for over 30 years and he, personally, has been in the
area for over 20 years. Mr. Morris explained that he runs the administrative
offices of a trucking company that is actually located in Tidewater. He also
September 9, 1998 (Regular Night Meeting)
(Page 24)
002 9
has worked with Mr. Rogers in real estate. The plan is for Mr. Rogers' son-
in-law, who is associated with Kennedy and Associates Appraisal Group, to also
have offices in the building. There could possibly be one other person's
office in the building, such as an attorney, whose work would be complementary
to the types of things they do. He added that most of their activities are
fairly specific. He said Mr. Rogers' last project was an apartment complex in
North Carolina, so most of the things they actually do are out of the area,
but they want to maintain their administrative offices here.
He then mentioned the 15-foot buffer which the Commission approved. The
current site plan shows one-third of the total parcel in buffer, but if the
project adheres to staff's recommendation, it would require that 50 percent of
the parcel be included in buffer. This is because of the unique shape of the
parcel. He pointed out that the parcel is currently zoned R-10, which would
allow for a much denser use than he and his partner are requesting. He next
mentioned that one of the things the Commission asked for is a concept of how
the building will look. He said architects prepared such a concept, and he
passed around a drawing to the Supervisors. He wants the parcel to be as
harmonious as possible with the neighborhood. He noted that the parcel has
been an eyesore for most of the time he has lived in Albemarle County, but he
hopes to make it look better. He believes they can live with all the condi-
tions recommended by the Commission, but he did argue against the nine to five
office hours, since he has been known to work later in the evening. However,
there are no customers coming in, so there would not be any traffic related to
the customers. He said it would just be somebody working late in the office.
Board members had no questions for Mr. Morris, so Mr. Martin opened the
public hearing for SP-98-38.
No one came forward to speak, so Mr. Martin closed the public hearing.
Mr. Bowerman mentioned Jan Sprinkle's, Chief of Zoning Administration,
letter of July 29, 1998 which indicates that she thinks the 20 foot
undisturbed buffer would also be difficult on this site and suggested further
measures to be incorporated into the condition such as opaque screening
between the building and Townwood. Mr. Bowerman said he would like to be able
to encourage infill that is consistent with what County officials desire
without burdening the developer with unnecessary costs. He thinks the 15-foot
buffer is reasonable, and he interprets Ms. Sprinkle's remarks in her letter
to indicate the same thing. Ms. Sprinkle concurred that this is correct.
Ms. Thomas commented that the applicant, during the Commission meeting,
thought that it was probably only 15 feet to the tree line where the thicker
trees are located. She has been to the site, paced it off, and she agrees.
Mr. Bowerman noted that if oak trees are being used as a buffer, there
will be no buffer in the wintertime. However, if the right plantings are
used, there can be a buffer both winter and summer. He said an opaque fence
also works well. He remarked that sometimes it is better to clear out what is
there, and sometimes it is better to leave what is already planted, but he
thinks it depends on the individual site.
Ms. Thomas wondered if, when a condition states that a buffer strip is
to be maintained, it really means that it will be maintained both winter and
summer.
Ms. Humphris concurred that this. is what the condition is stating. She
also referred to Ms. Sprinkle's letter of July 29, 1998 where she mentioned
that the applicant indicated his intention for the building to resemble the
surrounding single family homes. She said Ms. Sprinkle stated in her letter
that this should be a condition. Ms. Humphris then asked Mr. Morris and Mr.
Rogers if the Supervisors can consider that the drawing will in fact resemble
the actual building Mr. Morris answered that the style of the drawing is
very similar to the plan, although they are not going to have a truss roof.
The drawing does not resemble brick, but they would like to have a brick
building.
Ms. Humphris inquired if Ms. Sprinkle thinks this should be a condition.
Ms. Sprinkle answered affirmatively. She suggested that the wording of the
condition state that the project shall be in general conformance with the
concept submitted by the applicant. Mr. Bowerman agreed that the word,
"general," should be used. He explained that the Supervisors want to allow
flexibility. Yet, the resemblance to a two-story house is what is desired.
September 9, 1998 (Regular Night Meeting)
(Page 25)
000240
At this time, motion was offered by Mr. Bowerman, seconded by Ms.
Humphris, to approve SP-98-38 subject to the conditions recommended by the
Planning Commission, with a fourth condition: The building shall be in
general accord with the residential structure depicted on the attached Exhibit
A submitted (copy on file in the Clerk's office). Roll was called and the
motion carried by the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and Ms. Humphris.
NAYS: None.
ABSENT: Mr. Marshall.
(The conditions of approval are set out in full below:)
A buffer strip, a minimum fifteen (15) feet in width shall be
maintained along both abutting property, lines, with landscaping
and screening to be approved with the site plan in accordance with
Section 32.7.9. The buffer strip abutting Garden Court shall be
undisturbed, with existing trees within the buffer preserved and
incorporated into the landscape plan. A six (6) foot high opaque
fence shall be placed between the parking lot and the Townwood
units;
All exterior lighting shall be full cutoff lununaires if the lamps
emit 3,000 or more lumens;
The building shall be no more than two (2) stories in height; and
The building shall be in general accord with the residential
structure depicted on the attached ~Exhibit A" (on file in the
Clerk's office), submitted by Jim Morris at the Board of
Supervisors meeting on September 9, 1998.
Agenda Item No. 11. SP-98-33. International Cold Storage (Sign #13).
PUBLIC HEARING on a request to bring existing assembly of modular bldg units
use into conformance w/zoning & to allow bldg & storage area expansion. 8.4
acs loc 0.1 mls W of Rt 29 on Heards Mountain Rd. Znd LI. TM109,P33. Scotts-
ville Dist. (This site is not located in a designated growth area.)
(Advertised in the Daily Progress on August 24 and August 31, 1998.)
Mr. Cilimber9 summarized the staff's report which is on file in the
Clerk's office and a permanent part of the record. The International Cold
Storage (ICS) assembles walk-in refrigeration units, and currently its
lighting, wiring and testing work is conducted outdoors. ICS proposes
building an expansion to house this portion of the operation, as well as an
increase for the outdoor storage of finished goods. ICS is petitioning the
Board to issue a special use permit to bring the existing assembly of modular
building units use into conformance with the Zoning Ordinance and to allow
building and storage area expansion. He discussed four factors which he said
were favorable to the request, as well as two which were identified by staff
as unfavorable. The staff has recommended approval of this request with five
conditions. The Planning Commission has also recommended approval, but added
a sixth condition regarding the shielding of lighting.
Mr. Bowerman asked if the shielding of lighting will become a common
condition now. Mr. Cilimberg responded that this activity would fall under
the ordinance requirements, and he does not think it is absolutely necessary.
Mr. Davis noted that the condition is more restrictive than the Lighting
Ordinance. Ms. Thomas said it might be appropriate in this situation.
There were no further questions from Board members, so Mr. Martin asked
the applicant for comments.
Mr. Gifford Childs, Operations Manager for ICS, stated that ICS has been
operating in Covesville for 23 years making refrigerated storage buildings.
It is a very clean, nonpolluting business and provides jobs for 80 employees.
ICS has a nationwide reputation for its products in the food service industry,
and it has a very good reputation locally as a good corporate citizen. He
stated that his company loves Albemarle County, as well as Covesville, and
company officials would like to continue their operation there. The process
of trying to get a building permit began last February, and since that time,
there has been the opportunity to talk to a lot of County employees and
residents. He has very good support for the plans, and he shares the concerns
for maintaining the rural character of Covesville. It is a unique community,
and it is a unique site for a manufacturing location. There is quite a
history associated with the community, and he would like to maintain it.
September 9, 1998 (Regular Night Meeting)
(Page 26)
000;g41
He added that it is his company's desire to meet all of the County
requirements and recommended actions in the report, and he wants to work with
any community citizens with their concerns, so the net result of this project
will be a positive end result for everybody. The plan is for a small
addition. Currently the storage buildings are being finished outside, the
testing quality control inspection is being done outside, and it is desirable
to enclose this operation. This would improve the working conditions for
employees, and it would also be a significant improvement for the community.
He pointed out that it will reduce the outdoor lighting that is needed when
employees are working at night, and it will reduce the noise. It is also felt
it would improve the appearance of the site.
the would like to expand the company's finished goods inventory area that
is basically just a paved lot where the finished products are stored. His
company likes to build inventory in the winter, which is characteristic of
this type of business, and it is a seasonal business. In the summer, enough
products are sold that 90 people need to be employed, and in the winter,
products are sold at a rate requiring approximately 40 people. He added that
it is impossible to manage a business these days that way, so he would like to
be able to continue to store products outside. He pointed out that originally
the plan for a storage lot was for 1999 or 2000. However, this project has
taken quite a bit of additional time, and company representatives encouraged
public hearings as a part of the process, so the community would be fully
aware of the plans even for the future. He said 1999 is coming quickly, so
his company will probably want to start on this part of the project, too, if
the Supervisors approve it. He wants to avoid any future delays, and he wants
to be fully open with the community. He commented that he thinks the Planners
have done an excellent job with their report and the presentation. He does
not have anything to add, and he agrees with all of the recommended actions.
He remarked that he and the ICS employees, as well as the majority of the
community residents with whom he has spoken, will appreciate the Board of
Supervisors' approval of the plan.
Ms. Thomas noted that a business such as this one in a rural area is
contrary to the County's Comprehensive Plan, but one of the reasons people
often say it is good to have an employer such as this in the rural area, is
that people who live in the rural area have a place to work and do not have to
drive to Charlottesville or Route 29 North. She then asked if Mr. Childs can
report any information as to where the ICS employees live. She inquired if
they, in fact, come from nearby. Mr. Childs replied that there used to be an
employee who came from Greene County, but he recently retired. He noted that
one employee drives all the way from Staunton, but the majority of the
employees are from the Charlottesville/Albemarle area. He said his business
is in the very southern part of Albemarle County, so some employment is also
drawn from Nelson County.
At this time, Mr. Martin opened the public hearing for SP-98-33.
No one came forward to speak, so Mr. Martin closed the public baring.
Ms. Thomas noted that this request falls within the area next to her
district, and since Mr. Marshall is not present, she will move approval of
SP-98-33, subject to the six conditions recommended by the Planning
Commission. Mr. Perkins seconded the motion. Roll was called and the motion
carried by the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and Ms. Humphris.
NAYS: None.
ABSENT: Mr. Marshall.
(The conditions of approval are set out in full below:)
2 o
Compliance with Section 32.7.9, Screening, of the Zoning
Ordinance, to include extension of proposed screening fence across
new storage area adjacent to Route. 633;
Engineering Department approval of engineer's report as required
by Section 4.14, Performance Standards, of the Zoning Ordinance;
Virginia Department of Transportation approval of entrance upgrade
to minimum commercial entrance standards;
Building expansion and outdoor storage area expansion limited to
those areas depicted on site plan prepared by Roudabush, Gale &
Associates, revised July 8, 1998;
September 9, 1998 (Regular Night Meeting)
(Page 27)
O00Z4Z
5o
Only shipping/storage activities to be conducted outdoors; and
All outdoor lighting shall be fully shielded.
Agenda Item No. 12. ZMA-98-02. Airport Road Office Complex (Signs
#84&85) .... ~ ........... rc~cst ............. ~ .........
(D~FER TO OCTOBER 14, 1998.)
Motion was offered by Mr. Bowerman, seconded by Ms. Humphris, to defer
ZMA-98-02 until October 14, 1998. Roll was called and the motion carried by
the following recorded vote:
AYES:
NAYS:
ABSENT:
Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and Ms. Humphris.
None.
Mr. Marshall.
Agenda Item No. 13. PUBLIC HEARING on an ordinance to amend and reenact
Chapter 3, Agricultural and Forestal Districts, of The Code of The County of
Albemarle, Virginia:
Item No. 13a. §3-210, Carter's Bridge Agricultural/Forestal District,
to continue the District of approx 12,007.893 acs for 10 years. Loc near
Carter's Bridge, Blenheim, Woodridge & Keene. Znd RA. Scottsville Dist.
(Advertised in the Daily Progress on August 24 and August 31, 1998.)
Item No. 13b. §3-221, Lanark Agricultural/Forestal District, to
continue the District of approx 5,633.522 acs for 10 years. Loc near Carter
Mountain, Overton & along Rt 627. Znd RA. Scottsville Dist. (Advertised in the
Daily Progress on August 24 and August 31, 1998.)
Item No. 13c. §3-224, Panorama Agricultural/Forestal District, to
continue the District of approx 1,107.422 acs for 10 years. Loc to the W of Rt
29N along the Rivanna River & Rt 661. Znd RA. Jack Jouett & Rio Dists.
(Advertised in the Daily Progress on August 24 and August 31, 1998.)
Item No. 13d. §3-213, Free Union Agricultural/Forestal District, to
continue the District of approx 2,389.82 acs for 10 years. Loc near Free
Union, Gibson Mountain & along Rts 671,601 & 687. Znd RA. White Hall Dist.
(Advertised in the Daily Progress on August 24 and August 31, 1998.)
Mr. Cilimberg said there are four agricultural/forestal districts that
are up for renewal, and they are Carter's Bridge, Lanark, Panorama and Free
Union. He noted that at the Planning Commission meeting there were some
changes in terms of the properties that are going to continue and those that
have requested to withdraw. He then referred to the Carter's Bridge District
where the owners of 3,002 acres are requesting withdrawal which would leave a
continuance of just over 9,000 acres in that district.
Ms. Thomas asked why Mount Pleasant Farm is withdrawing from the
district. Mr. Cilimberg replied that he has asked this question, but did not
get an answer. He said Ms. Scala, who works with these districts, has not had
the opportunity to talk to anyone with this particular ownership.
Mr. Cilimberg next discussed the Lanark District which has one Change.
He stated that approximately two acres, which has become the Spring Hill
Baptist Church property, are withdrawing from the district.
In the Panorama District, there is a request for the Panorama Farms and
the Murrays to withdraw approximately 841 acres from the District, which will
leave about 265 acres in this District. The assumption is that they are still
interested in a possible special use permit on the farm for some type of
operations, such as bike paths.
He then referred to the Free Union District and the request from two
property owners for not continuing a little over 1,000 acres which will leave
approximately 1,380 acres in this District. He said all of these would be
September 9, 1998 (Regular Night Meeting)
(Page 28)
000Z43
continued for approximately ten years. He noted that Mr. Davis has provided a
draft of the ordinance which covers the properties still included in the
districts, and their time period of continuance.
There were no questions for Mr. Cilimberg from Board members, so Mr.
Martin opened the public hearing.
Ms. Katie Hobbs, a resident of Albemarle County, said she is alarmed
that she is the only speaker. She is further alarmed that her district is
losing such a large amount of acreage. She thinks the time for the Board of
Supervisors to give these people more incentives and more reasons to stay in
these districts is imperative. However, she thinks the time to do this was
yesterday.
No one else came forward to speak, so Mr. Martin closed the public
hearing.
Ms. Thomas commented that she does not think there is a question as to
whether or not the Supervisors will adopt the ordinance. She read the note of
the Agricultural/Forestal District Review Committee, and she recalled that Mr.
Perkins is on the Committee, and he was present at that meeting. She has been
trying to think how more people could be enticed into these districts. She
said many people are in the districts because of the program which existed
some years ago, but it does not exist anymore. It is in the Comprehensive
Plan that special attention is supposed to be given to getting people into
these districts. She remarked that the Supervisors are always asking far too
much of the staff, but she wondered if a letter could be sent to people who
are in the land use value taxation program, because they are already reaping
the benefits. She does not know how the people could be enticed except for
such things as partial protection, that an agricultural/forestal district can
give from cellular towers and road projects. She does not know precisely how
this would work, so she would not want to word the letter tonight. This is
the only idea she has been able to come up with, and she wondered if the
letter could go out in the tax bills. She emphasized that something needs to
be done to get more people aware of and interested in the agricultural/
forestal districts.
Mr. Bowerman commented that he thinks Ms. Hobbs is absolutely correct.
He does not think a letter will do any good, but he thinks the DISC is going
to have strategies and suggestions about ways that make urban areas more
attractive and actually easier and less costly in which to build. There need
to be other strategies to make it more difficult to build in a rural area and
along with that there have to be incentives. He thinks this is an overall
approach to what County officials are trying to do. He went on to say that a
requirement could be added that any house built in the rural area, without
public water availability, has to have a sprinkler system installed. There is
an affordability question to deal with, but rural areas are supposed to
receive less services, and that includes safety services. He said if every
new house is constructed with a built-in sprinkler system, it raises the cost
of the house and makes it less attractive to buy a less expensive lot. He
emphasized that this encourages people to locate in an urban area.
Mr. Martin stated that he understands Mr. Bowerman to be saying that
County officials are going to discourage people from building a home in a
rural area because they are going to make it more expensive for them to do it,
and they are going to say it is because of safety reasons. Mr. Martin noted
that no one has made an issue of fire safety, but sprinklers will be required,
which will increase the price, and it will discourage people from building in
rural areas. He does not think that is a good plan.
Mr. Bowerman said the fact of the matter is that providing rural
services to a disparate population outside of the rural areas is what is
costing so much money. Mr. Martin stated that it amazes him how the
Supervisors can say to people's faces that they favor affordable housing, but
at the same time when the people are not looking, they can raise the price of
a house just for the sake of it. Mr. Bowerman responded that it is a public
safety concern because the house would have fire protection. The fire engines
cannot get to these rural houses now, before they burn down. However, it is
fine, if Mr. Martin wants to take this attitude toward his remarks.
Mr. Martin commented that he has a home sitting' on an acre of property
with no sprinkler system. Mr. Bowerman pointed out that Mr. Martin has public
water. Mr. Martin agreed that he has public water, but no sprinkler system.
000,?.,44
September 9, 1998 (Regular Night Meeting)
(Page 29)
Mr. Bowerman explained that Mr. Martin would not have to have a sprinkler
system because he can connect to public water. Mr. Martin stated that suppose
he lived one mile further down the road, and he did not have public water.
Mr. Bowerman said this would be an issue.
Mr. Martin remarked that it would be different if fire department
representatives, on their own without any encouragement from anyone else, came
to the Supervisors indicating that they had a real problem. If they indicated
they have had a certain number of fires last year, and the houses that burned
down were not on public water, he could understand this suggestion, because
the Supervisors would then be addressing something that has been presented as
an issue. He cannot support the Supervisors having people join the agricul-
tural districts in the context of having encouragements for them to join, but
on the other side, the Supervisors will have to discourage certain things by
requiring sprinkler systems. This is not why he came on this Board. He
emphasized that he became a Supervisor to do the opposite.
Mr. Perkins commented that County officials have done a lot to encourage
people to build in the growth areas, and the numbers reflect this. On the
other hand, there have been things to discourage people from building in rural
areas. He does not think this can be accomplished through monetary avenues.
Mr. Bowerman asked why should it be more expensive for people to build
in the urban areas by requiring proffers that cost more to develop when that
is the area County officials want growth to occur. The cost becomes so high,
that the person might as well go to a 20-lot subdivision in the rural area.
He asked how this helps the Comprehensive Plan. Mr. Martin responded that he
thinks this approach would make a good discussion.
Mr. Bowerman stated that people should not be penalized because the
County is providing them services. Mr. Martin agreed. He said, though, that
he thinks the Board of Supervisors' objective should be to encourage growth in
the development areas, and he has no problem with limiting growth in rural
areas. However, he does not like using methods where County officials say one
thing but have a completely different objective.
Mr. Bowerman inquired why gravel roads are being paved in the rural
area. Mr. Perkins answered that it is because there are agricultural and
forestal products being moved from these areas, and the vehicles hauling them
need good roads. Mr. Bowerman noted that this is not why the roads are paved.
They are paved according to vehicle counts and the number of residents. He
stated that it is just the opposite from what County officials are trying to
get accomplished. All he is suggesting is that if the whole picture is
considered, there may be different ways to accomplish the desired effect, that
are more effective. Mr. Martin replied that he could agree with this
statement.
Mr. Perkins pointed out that there are people who have lived in these
areas for a very long time, and he asked if this means they would be denied a
paved road. These people pay the same gasoline taxes that everybody else
pays. Mr. Bowerman commented that the Supervisors can work to make a policy
make sense and be attractive for developers, as well as for people to build
affordable homes, with incentives. Along with the incentives if the same
number of lots are kept in the rural areas and it is cheaper to build there,
it becomes a problem. He pointed out also that there is a land use program in
the County which is just the reverse.
At this time, Mr. Bowerman moved approval of an ordinance to amend and
reenact Chapter 3, Agricultural and Forestal Districts, of the Code of the
County of Albemarle, Virginia, which is outlined in the draft of September 9,
1998.
Ms. Humphris seconded the motion. She went on to say there was a
message on her machine which came in some time today from a resident of Ivy
Farms Subdivision. This lady said in light of the burning of a house in that
area, the neighborhood wanted to get public water extended to Ivy Farms
Subdivision. She will have to tell this lady that the neighborhood is in a
rural area, as well as in the watershed, and it cannot be done. She added
that this will be coming up more and more, but she does not know what can be
done. She wondered if the level of advertising should be raised so people
will have a better understanding when they buy in a rural area. She said
people do not want to understand these things, and they always think if they
can go to a higher authority surely they can get something done one way or
September 9, 1998 (Regular Night Meeting)
(Page 30)
000245
another.
Roll was then called and the motion carried by the following recorded
vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and Ms. Humphris.
NAYS: None.
ABSENT: Mr. Marshall.
(The adopted ordinance is set out below:)
ORDINANCE NO. 98-3(1)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 3, AGRICULTURAL AND FORESTAL
DISTRICTS, ARTICLE II, DISTRICTS OF STATEWIDE SIGNIFICANCE, OF THE CODE OF THE
COUNTY OF ALBEMARLE, VIRGINIA.
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle,
Virginia, that Chapter 3, Agricultural and Forestal Districts, Article II,
Districts of Statewide Significance, is hereby amended and reordained by
amending section 3-210, Carter's Bridge Agricultural and Forestal District;
section 3-213, Free Union Agricultural and Forestal District; section 3-221,
Lanark Agricultural and Forestal District and section 3-224, Panorama
Agricultural and Forestal District, as follows:
Sec. 3-210 Carter's Bridge Agricultural and Forestal District.
The district known as the "Carter's Bridge Agricultural and Forestal
District" consists of the following described properties: Tax map 101,
parcels 55A, 60; tax map 102, parcels 17A, 17B, 17B1, lTD, 18, 19, 19A, 19C,
20B; tax map 112, parcels 3, 15, 16, 16C, 16D, 16E, 16F, 17, 18H, 20, 21, 33A,
and 37D; tax map 113, parcels 1, iA, 6A, 11, llA; tax map 114, parcels 25A,
30, 51, 55, 56, 69, 70; tax map 115, parcel 10; tax map 122, parcels 4, 4A, 6,
7, 8, 9, 10, 12, 12N, 33, 33A, 36; tax map 124, parcel 11. This district,
created on April 20, 1988 for not more than ten years and last reviewed on
September 9, 1998, shall next be reviewed prior to April 20, 2008.
(Code 1988, § 2.1-4(j); Ord. 98-A(1), 8-5-98; Ord. 98-3(1),
9-9-98)
Sec. 3-213 Free Union Agricultural and Forestal District.
The district known as the "Free Union Agricultural and Forestal
District" consists of the following described properties: Tax map 7, parcels
6, 7, 8A, 9, 9A, 9B, 9B1, 9C; tax map 16, parcels 4B, 4C, 13A, 13D, 15A, 15A3,
15C, 15E, 15G, 16B, 17, 26, 30B, 36, 37, 38, 39, 52B1, 52B2, 54; tax map 17,
parcels 8, 8B, 8C, 17C, 18H, 20A2, 22; tax map 29, parcel iH (part). This
district, created on September 21, 1988 for not more than 10 years and last
reviewed on September 9, 1998, shall be next reviewed prior to September 21,
2008.
(Code 1988, § 2.1-4(m); Ord. 98-A(1), 8-5-98; Ord. 98-3(1),
9-9-98)
Sec. 3-221 Lanark Agricultural and Forestal District.
The district known as the "Lanark Agricultural and Forestal District"
consists of the following described properties: Tax map 90B, parcel A-il; tax
map 91, parcels 21, 2lA, 2lB, 31; tax map 92, parcels 64, 64A; tax map 102,
parcels 33, 35B, 37, 40, 40A, 40B; tax map 103, parcels 1, IA, lB, lC, iD, 1E,
iF, 1G, iH, 1J, 1K, 1L, 1M, 2A, 3, 5, 9, 10, 10A, 10B, 10C, 10D, 43. This
district, created on April 20, 1988 for not more than 10 years and last
reviewed on September 9, 1998, shall next be reviewed prior to April 20, 2008.
(Code 1988, § 2.1-4(k); Ord. 98-A(1), 8-5-98; Ord. 98-3(1),
9-9-98)
000246
September 9, 1998 (Regular Night Meeting)
(Page 31)
Sec. 3-224 Panorama Agricultural and Forestal District.
The district known as the "Panorama Agricultural and Forestal District"
consists of the following described properties: Tax map 44, parcels 9A, 9C,
12, 12Q, 12X, 12Y, 12Z; tax map 45A, section 1, parcel 27. This district,
created on April 20, 1988 for not more than 10 years and last reviewed on
September 9, 1998, shall next be reviewed prior to April 20, 2008.
(6-14-95; Code 1988, § 2.1-4(1); Ord. 98-A(1), 8-5-98; Ord.
98-3 (1), 9-9-98)
Agenda Item No. 14. Approval of Minutes: March 13(A), 1995; September
4 and December 4, 1996; February 19, 1997; and June 10, 1998.
Mr. Bowerman had read February 19, 1997, and found them to be in order
with one correction.
Ms. Thomas had read December 4, 1996, pages 1-20, and found them to be
in order with one small change. She had also read June 10, 1998, pages 21 -
end, and found them to be order with one small change.
Mr. Bowerman moved approval of the minutes as read, seconded by Ms.
Thomas. Roll was called and the motion carried by the following recorded
vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and Ms. Humphris.
NAYS: None.
ABSENT: Mr. Marshall.
Agenda Item No. 15. Other Matters not Listed on the Agenda from the
BOARD.
Ms. Thomas mentioned the memo from Bruce Crow, Assistant Fire Marshall,
regarding the Ivy Landfill fire. There have been lots of questions circu-
lating as to the origin and contents of the fire. She thinks this is a pretty
concise memo, but she has a question about how well the Landfill Management
had informed the various emergency responders about the process to be
followed. There was a lot of water taken right from the pond on the Landfill,
but apparently other trucks went to a nearby subdivision, which led folks to
think that the people involved did not know what they were doing. She tends
to suspect people knew what they were doing, but she would like to make sure
that there is a good emergency response plan, and that it is shared with the
fire departments. She noted that the North Garden Fire Department, the Crozet
Fire Department and a truck from Charlottesville responded. She observed the
fire for quite some time, and she was really impressed with the operators of
the heavy equipment. She stated that one operator was working in the midst of
the fire moving dirt to cover up the fire. If there is a way for the
Supervisors to voice their appreciation, she thinks it would be appropriate.
Mr. Martin said he would pass this along.
Agenda Item No. 16. Adjourn. At 9:51 p.m., there being no further
business to come before the Board, the meeting was immediately adjourned.
Approved by Board