1995-05-10May 10, 1995 (Regular Night Meeting)
(Page 1)
000022
A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on May 10, 1995, at 7~00 p.m., Room 241, County Office
Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Mr. David P. Bowerman, Mrs. Charlotte Y. Humphris, Mr. Charles
S. Martin, Mr. Walter F. Perkins and Mrs. Sally H. Thomas.
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
Chairman, Mr. Walter F. Perkins.
Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
Agenda Item No. 4. Other Matters Not Listed on the Agenda from the
Public. There were none.
Agenda Item No. 5. Consent Agenda. Motion was offered by Mrs. Humph-
ris, seconded by Mrs. Thomas, to approve Items 5.3 and 5.4, and to accept the
remaining items as information. Roll was called and the motion carried by the
following recorded vote:
AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and Mr. Martin.
NAYS: None.
ABSENT: Mr. Marshall.
Item 5.1. Copy of Planning Commission minutes for April 25, 1995, was
received for information.
Item 5.2. Letter dated May 4, 1995, from the Honorable David R. Gehr,
Commissioner, Department of Transportation, to the Honorable Walter F.
Perkins, Chairman, thanking the Board for its letter of April 20 explaining
the County's position on the Meadow Creek Parkway, was received for informa-
tion.
Item 5.3. Industry Appreciation Week Proclamation, was approved by the
above recorded vote.
INDUSTRY APPRECIATION WEEK
WHEREAS, the County of Albemarle is blessed with a strong
manufacturing base; and
WHEREAS, these industries provide much needed jobs for the
citizens of the County of Albemarle; and
WHEREAS, these same industries provide local taxes from
which the entire local citizenry benefit; and
WHEREAS, we recognize and appreciate these important
facts;
NOW, THEREFORE, BE IT RESOLVED, that the Board of
County Supervisors of Albemarle County, Virginia, hereby salutes
its existing industry base and gives notice to the citizens that
Virginia Industries are Building a Better Commonwealth;
AND, FURTHER, recognizes the week of
May 21 through May 27, 1995, as
INDUSTRY APPRECIATION WEEK.
Item 5.4. Resolution of Intent to hold public hearing on June 7, 1995,
on Greenfields Trailer Park Waterline Deed of Easement. (In the Executive
Summary, staff indicates that as part of the Berkmar Extended CIP, water and
sewer improvements were made to accommodate the Greenfields Trailer Park
relocation outside the new road right-of-way. In order for the waterline
improvements to be accepted by the Albemarle County Service Authority, three
new deeds of easement must be signed and recorded. Albemarle County must
dedicate an easement for a waterline which crosses the property adjacent to
the corner of the Agnor-Hurt Elementary School property. The other two deeds
are to be signed by private property owners. Per the County Attorney, a
May 10, 1995 (Regular Night Meeting)
(Page 2) ~
public hearing must be held prior to the approval of the easement on County
property.)
By the above recorded vote, a public hearing was set for June 7, 1995,
to consider the waterline easement for the Albemarle County Service Authority.
(Mr. Bowerman abstained from hearing this petition. His company, The
Fitness Gallery, has a proposed contract with the applicant for fitness
equipment. He left the room at 7:05 p.m.)
Agenda Item No. 6. SP-94-40. Keswick Corp & Keswick Club. Public
Hearing on a request to amend SP-94-07 to allow modification of club facili-
ties & one addt'l parcel. Property in Keswick Country Club on E sd of Rts
744/731 inters & on SE quadrant of Club Dr/Rt 731. TM80, P'sgA&8Z(part).
Rivanna Dist. (Advertised in the Daily Progress on April 24 and May 1, 1995.)
Mr. Cilimberg summarized the staff's report which is on file in the
Clerk's office and a part of the permanent record of the Board. Staff
recommended approval of the request subject to five conditions. Mr. Cilimberg
said the Planning Commission, at its meeting on April 11, 1995, unanimously
recommended approval of SP-94-40 subject to the conditions by staff.
Mrs. Humphris asked if applicants are required to comply with current
and future noise restrictions. Mr. Davis said it depends on the location of
the noise regulations. If the regulations are a part of the Zoning Ordinance
and viewed as a zoning restriction, the existing use could be a nonconforming
use and might not have to comply with the regulations. If the regulations are
in a section of the Code, i.e., General Police Powers, they would not be
affected by nonconforming uses and the applicant would have to comply with
current regulations. If the Board wants to make sure this comes under the
control of a future provision of the Zoning Ordinance, then it should be made
a condition.
Mrs. Thomas asked if parking requirements were satisfactorily handled.
Mr. Cilimberg said parking requirements are a part of site plan approval. The
plan before the Board was provided to give an idea of where the parking
facilities would be located.
The Chairman opened the public hearing. The applicant was represented
by Mr. Pete Bradshaw, Director of Real Estate Development, for Keswick
Corporation. Mr. Bradshaw said he would answer questions from Board members.
Mrs. Humphris asked if the applicant had a problem with adding a
condition regarding noise restrictions. Mr. Bradshaw responded that he had no
problem with that condition.
There being no other persons to speak on this request, the public
hearing was closed.
Motion was offered by Mr. Martin to approve SP-94-40 subject to the five
conditions recommended by the Planning Commission.
Mrs. Humphris asked Mr. Martin if he would consider adding the following
sixth condition: "Compliance with all current and future noise restrictions."
Mr. Martin agreed to add a sixth condition to his motion. Mrs. Humphris
seconded the motion. Roll was called and the motion carried by the following
recorded vote:
AYES: Mr. Perkins, Mrs. Thomas, Mrs. Humphris and Mr. Martin.
NAYS: None.
ABSTAIN: Mr. Bowerman.
ABSENT: Mr. Marshall.
(The conditions of approval are set out below:)
Compliance with SP-92-59, KeSwick Acquisition Corporation,
and SP-85-54, Tom J. Curtis, Jr.;
2 o
The clubhouse shall not exceed 6250 square feet, the viewing
stand shall not exceed 2000 square feet, accessory buildings
shall not exceed 5200 square feet and the pool shall not
exceed 6500 square feet;
Construction of the clubhouse and open air pavilion and all
necessary improvements associated therewith, including
required parking, is extended to commence not later than
five (5) years from approval of SP-94-07;
Access for Tax Map 80, Parcel 9A, shall be onto Route 731;
Ail improvements related to this special use permit shall be
located on the eastern side of the pond located on Parcel 9A
only; and
Compliance with all current and future noise restrictions.
May 10, 1995 (Regular Night Meeting)
(Page 3)
(Mr. Bowerman returned to the meeting at 7:10 p.m.)
000024
Agenda Item No. 7. ZMA-94-19. Virginia Land Trust. Public Hearing on
a request to rezone 10.9 acs from RA to R-4. Property on W sd of Rt 649
approx 1.1 mi E of Rt 29. Site in the Hollymead Community is recommended for
low density residential (1-4 du/ac) by the Comprehensive Plan. TM46,P31.
Rivanna Dist. (Advertised in the Daily Progress on April 24 and May 1, 1995.)
Mr. Cilimberg summarized the staff's report which is on file in the
Clerk's office and a part of the permanent record of the Board. Staff
recommended approval of the request, as did the Planning Commission, at its
meeting on April 11, 1995. This approval is subject to acceptance of the
applicant's proffer in a letter dated April 6, 1995, to Yolanda A. Hipski,
signed by Charles W. Hurt.
Mr. Martin asked about the location of the sewer line. Mr. Cilimberg
indicated the area on the map located west near Powell Creek. Mr. Martin
asked if it would be possible to extend the sewer line at Jefferson Village so
that more of the homes could be connected. Mr. Cilimberg said he does not
know if the proposed line would provide additional service to Jefferson
Village. If the residents are interested in receiving service, they need to
contact the Albemarle County Service Authority (ACSA).
Mrs. Humphris asked if maintenance of the 20 foot buffer would be
included in the homeowners Deed of Trust since the applicant indicated that it
would be their responsibility. Mr. Davis said he thinks the deeds would have
to address who is responsible for maintenance of the buffer.
The Chairman opened the public hearing. Representing the applicant, Mr.
Katurah Roell, said he would answer any questions by Board members. He
explained how this process evolved and the location of the utility lines.
Mr. Martin expressed the need for the residents in this area to be able
to connect to these lines. Mr. Cilimberg noted that not all of the properties
are located in the growth area, but the designation for inclusion of them in
the service area boundaries would require Board approval.
Mr. Roell said the basic intent of this plan is to build a small
development for an appropriate use of the land and provide single-family
residences. Deed restrictions will be provided to the County Attorney for
review.
Mr. Martin asked for the anticipated price range of the homes. Mr.
Roell said the estimated price range is $135,000 to $150,000.
Mr. Boyd Perry said he is opposed to the proposed development. He
thinks there needs to be fewer houses and there is no need to crowd the area.
Fewer houses would cut down on traffic. He also wondered why the utility line
did not follow along Route 649 so that the residents would have an opportunity
to connect. He again expressed his opposition to the proposed project.
Ms. Wendy Perry said she lives off of Proffit Road in the curve. She is
opposed to this proposal because of the current traffic and the additional
traffic this development will add to the neighborhood. She feels this is a
dangerous area to have additional traffic.
Mr. Greg Murphy, the Zoning and Planning Chairman of the Proffit
Community Association, expressed concerns about the Board continuing to allow
dense development in certain areas. He expressed concerns about traffic on
Proffit Road. He thinks less density on this site would be more appropriate
in the long term. He added that it would be nice to have fire hydrants in-
stalled in various locations.
Ms. Angie Moore, a resident of Route 649 located just past Jefferson
Village said her house is on a well system. She thinks the sewer and water-
line should be extended and made available to all the property owners. She
thinks the extension of utility lines would benefit the entire neighborhood.
There being no other public comments, the public hearing was closed.
Mrs. Thomas asked about the installation of fire hydrants. Mr. Davis
said the ACSA has requirements for the location of fire hydrants based on the
number of feet between hydrants.
Mr. Martin said this is a tough decision for him because he thinks this
proposal does a lot of things that need to be done. He supports high density
housing because it provides for more affordable housing. He thinks staff used
good logic in recommending a higher density than originally proposed. He
likes the idea that this is a small subdivision so that the high density is
scattered as opposed to a large concentration of housing. He also feels this
will provide the possibility of water and sewer connection to properties that
really need it and he would like to do whatever is necessary to increase this
service area. The entire Proffit Road neighborhood will have water and sewer
surrounding it and it does not make sense to have a few homes that are
designated rural areas not to be able to connect. His primary concern is the
traffic issue. Traffic is already a problem on Proffit Road. The majority of
people who live along Proffit Road do not want the road improved because they
May 10, 1995 (Regular Night Meeting)
(Page 4) ..
000025
fear an improvement would increase traffic and a lot of the homes are located
close to the road. He feels strongly that the community of Proffit needs to
be protected and preserved. At this time, he is still undecided on whether to
support the request because of the traffic situation and because of the
position of people he knows who are opposed.
Mrs. Thomas said she thinks it would be a different issue if the Board
were being asked to amend the Comprehensive Plan to add a density other than
what is being recommended or to expand the boundaries. She spent a fair
amount of time in the area this afternoon and she, also, is not eager to have
the trees destroyed. She thinks the planning principle and what the larger
community needs will influence her decision. It is apparent to her that there
is a need for these type densities in the designated growth areas.
Mr. Martin said he agrees that this is a good proposal for a lot of
reasons. He then offered motion, seconded by Mr.~Bowerman, approve ZMA-94-19
subject to the applicant's proffer in a letter dated April 6, 1995, to Yolanda
A. Hipski, signed by Charles W. Hurt and Shirley L. Fisher, Trustee (copy on
file).
Mrs. Humphris said she also feels this is a good use of the land given
the presence of public utilities. She thinks the Board has to make use of
those utilities for higher densities.
Roll was then called and the motion carried by the following recorded
vote:
AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and Mr. Martin.
NAYS: None.
ABSENT: Mr. Marshall.
Agenda Item No. 8. SP-95-08. Faison-Charlottesville Limited Partner-
ship. Public Hearing on a request for commercial recreation establishment on
approx 12.6 ac zoned PD-SC & EC. Property is location of Shoppers World on Rt
29N. TM61M, Secl2,P1C. Rio Dist. (Advertised in the Daily Progress on April
24 and May 1, 1995.)
Mr. Cilimberg summarized the staff's report which is on file in the
Clerk's office and a part of the permanent record of the Board. Staff
recommended approval of the request subject to two conditions. Mr. Cilimberg
said the Planning Commission, at its meeting on May 9, 1995, unanimously
recommended approval of SP-95-08 subject to staff's conditions.
The Chairman opened the public hearing. Representing the applicant, Mr.
Doug Lowe said this is a by-right use except for the number of games that are
allowed in the facility. He is present to answer any questions from Board
members.
Mrs. Joan Graves, a resident of Berkeley Subdivision, said she can
support the proposed fun center, but she is concerned about the way traffic
circulates within the shopping center. She provided some history on the
shopping center. She thinks the Board should be concerned about traffic and
parking in Shoppers World.
Mr. Bill Barnett, of Faison-Charlottesville Limited Partnership, said
his company acquired the property in February of this year. He will answer
any questions from Board members.
Mrs. Thomas asked if there are plans to restripe and reconfigure the
circulation in Shoppers World. Mr. Barnett said he thinks the construction on
Route 29 will greatly improve access into the shopping center. After the
construction is completed, they do plan to do some reconfiguring and restrip-
ping of the traffic pattern in the center.
There being no other comments, the public hearing was closed.
Motion was then offered by Mr. Bowerman, seconded by Mrs. Humphris to
approve SP-95-08 subject to the two conditions recommended by the Planning
Commission. Roll was called and the motion carried by the following recorded
vote:
AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and Mr. Martin.
NAYS: None.
ABSENT: Mr. Marshall.
(The conditions of approval are set out below:)
1. No alcohol sales; and
A two-way travel area shall be designated in the area shown
on Attachment C (copy on file).
May 10, 1995 (Regular Ni~ht'MeSting) '
(Page 5)
000026
Agenda Item No. 9. Other Matters Not Listed on the Agenda from the
BOARD. There were none.
Agenda Item No. 10.
Adjourn.
The meeting was adjourned at 8:02 p.m.
CHAIRMAN