1995-09-20September 20, 1995 (Regular Night Meeting)
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A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on September 20, 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.
Forrest R. Marshall, Jr., Mr. Charles S. Martin and Mrs. Sally H. Thomas.
ABSENT: Mr. Walter F. Perkins.
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.mo by the
Vice-Chair, Mrs. Humphris.
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.
Mr. George Bates was present to represent the pleasant Grove Baptist
Church° They request that the Board of Supervisors initiate a zoning text
amendment to Section 30.2.4.2 of the Zoning Ordinance to allow the church add
a dining hall to the existing church which lies within the Airport Overlay
District. Mr. Bates said it is just within the corner of the district. He
said that adding a dining hall to the church building will not increase the
density of the use. The church members meet twice each month on the second
and fourth Monday, and they have a Bible Class on Wednesday nights. The
dining hall would be used only for special occasions four or five times each
year. At the present time the Church rents tents and chairs for their outdoor
activities and for activities which they cannot have in the sanctuary of the
church building.
Mr. Bates said the church knows the Airport wants to expand. They have
met with the Airport Manager and the Airport Authority, and the Airport has a
six to eight-year plan to expand, and will eventually need the area where the
church is located. If all of the proposals come to pass in eight years, the
church would still be in use for the next eight years. He feels the Church
members would be better in a permanent structure than to be outdoors in a
tent. As the ordinance is designed to elimination penetration of the Overlay
District in this area, he does not think adding a dining hall is inconsistent
with a church function. He said that in the next eight years there will be no
increased traffic, or any greater danger since the church will already be
there.
Mr. Bowerman asked how much would be spent on the dining facility. Mr.
Bates said it will be from $60-$70,000.
Mr. Martin asked if the church had talked to the Airport Manager about a
temporary solution. Mr. Bates said he talked with Mr. Bryan Elliott who
offered to extend the church an option contract to sell the church property.
The Board of the church and the pastor do not want to sell. The structure was
built in 1884 and is listed as a Virginia Historic Landmark and is eligible
for the National Register of Historic Places. Mr. Elliott was not able to
tell the church the amount the Airport Authority would offer the church for
the property eight years from now. The church did ask if the Airport is going
to extend its runways or change the direction of the runways. The church has
found since this was discussed in May, that there is an intent to expand the
Airport, and to direct its runways away from the mountains toward a farm area
and Route 743 on the south side of the property. Irregardless, if the church
is going to be in existence for the next eight years, what is the increased
danger of them being there in a dining hall?
Mrs. Humphris asked the County Attorney and the County Executive what
the Board should do about the request at this time. Mr. Tucker said the staff
could develop some proposals for the Board to consider. The Board needs to
look at the request from staff's perspective before going further.
Mr. Martin said it is obvious that any options the staff brings back
will have to focus on the uniqueness of the facility.
Mr. Tucker said there are new FAA regulations which require all airports
to extend their safety zones. That will probably have to be done within the
next six to eight years and FAA will cover most of those costs. It is not
just the Airport Overlay Area that this church and some other structures are
in now, but the zone will have to actually be clear of structures. That will
require the relocation for Route 606 further to the south. One option will be
to purchase, and that could include moving structures to a location outside of
the safety areas. He will ask staff to finish work on this for the October
4th day meeting. The Board can decide at that time if it wants to initiate a
zoning text amendment.
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Mr. Martin said.he would like for staff to figure out some way to grant
this request. The church has been in this location for a long time, and it
would be nice to work something out so it can have a dining hall.
Agenda Item No. 5. Consent Agenda. Motion was offered by Mrs. Thomas,
seconded by Mr. Martin, to accept the items on the consent agenda for informa-
tion. Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Marshall, Mr. Martin, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris.
NAYS: None.
ABSENT: Mr. Perkins.
Item 5.1. Letter addressed to Walter F. Perkins, Chairman, dated Sep-
tember 8, 1995, from Thomas J. Bliley, Jr., Congressman, re: Board's concerns
regarding H.R. 1555 and local zoning regulations applicable to cellular
towers, received for information as follows:
"September 8, 1995
Thank you for sharing your concerns with me regarding H.R. 1555 on
grounds that it would pre-empt local zoning regulations applicable
to cellular towers.
As you may know, I was president of the Virginia Municipal League
and Mayor of Richmond. Mindful of my past experience, I can
assure you nothing in H.R. 1555 challenges the authority of
municipalities to set reasonable standards for the siting of
cellular antennas; the law merely requires that the ordinances be
reasonable and minimal.
I supported Section 107 of H.R. 1555 because it will provide for
an efficient nationwide cellular telephone system that will
accommodate tomorrow's technology (and serve the 18,000 Americans
who have cellular '911' calls every day) while preserving reason-
able local land use authority. While the vast majority of munici-
palities have adopted a balanced procedure for the siting of all
antennas, a small few have arbitrarily blocked placement of all
antennas within their jurisdictions (stifling the development of a
nationwide cellular telephone system). Under H.R. 1555 which the
House passed, all parties involved will come together to work out
a standard under which: local cellular siting rules will be
reasonable and minimal; requests for cellular siting will be acted
on promptly and not needlessly delayed; and denials of applica'
tions will be made in writing."
Item 5.2. Bond Program Report and Monthly Bond Report from Arbor Crest
Apartments (Hydraulic Road Apts.) for the month of August, 1995, was received
for information.
Item 5.3. Copy of the minutes of the Planning Commission for August 29,
1995, was received for information.
Agenda Item No. 6. ZMA-95-11. Nigel C. Bray. Public Hearing on a
request to rezone approx 1.4 ac from CO to C-1. Site is in the EC Dist.
Located on N sd of Rt 250 E, W of and adjacent to Flynn's Restaurant. Site
recommended for high density residential (10.01 - 34 du/ac) by the Comprehen-
sive Plan. TM78,P55D. Rivanna Dist. (Advertised in the Daily Progress on
September 4 and September 11, 1995.)
AND
Agenda Item No. 7o SP-95-21. Nigel C. Bray. Public Hearing on a
request to construct a vet clinic on property described in ZMA-95-11 above.
(Advertised in the Daily Progress on September 4 and September 11, 1995.)
Mr. Cilimberg summarized the staff's report Which is on file and made a
part of the permanent records of the Board. He said the Planning Commission,
at its meeting on August 22, 1995, unanimously recommended approval of ZMA-95-
11 subject to acceptance of the applicant's proffer which proffer retains only
those by-right uses similar to those allowed in the CO district, thereby not
increasing the intensity of by-right uses on the property and maintaining the
buffer potential provided for by the existing CO zoning.
Mr. Cilimberg said the Planning Commission, at its meeting on August 22,
1995, also unanimously recommended approval of SP-95-21 subject to five condi-
tions. There will be no outside confinement of animals, and there will be no
kennel facilities on site, only facilities for those animals being treated°
There will be a screening area, as well as a fence, provided to the rear to
buffer this use from adjoining residential uses. The Planning Commission
accepted the fact that this facility will be less than 200 feet from the
residential property line, and took no action to waive that requirement.
Staff can recommend a sixth condition reading: "Waiver of Section 5.1.11.b to
allow structure to be located less than 200 feet from a residential lot line."
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Mrs. Thomas asked what the effect would be of not including the sixth
condition. Mr. Cilimberg said if that condition is not included, the petition
would need to be returned to the Planning Commission so they can grant a
waiver.
Mrs. Thomas said the suggestion to waive the condition does not include
the provision that the building be soundproofed. Mr. Cilimberg said Condition
#1 says the final site plan shall not be submitted without County Engineer
approval of a certified acoustical report confirming that noise measured at
the nearest lot line does not exceed standards at specified times of the day.
With no further discussion, the public hearing was opened.
Dr. Nigel Bray was present. He believes a veterinary clinic on this
site will be an asset to the community, as it will be the only clinic on the
east side of the County. He is presently located in the Pantops Shopping
Center, but has outgrown that space. The new clinic will be about 3000 square
feet. This site has good access and good visibility. He does a good deal of
emergency work at night, and the site is easy to get to. It is also close to
his present client base. This project will not fundamentally change the
character of the area. The first phase of the project has been designed in a
residential style format so it will conform with existing structures in the
area. Flynn's Restaurant, on the next property, is already zoned HC and the
area opposite on Route 250 is zoned PD-MC and a branch of Guaranty Savings &
Loan will be constructed on that property soon. Very near is a gas station,
so the construction of a veterinary hospital and rezoning to C-1 would not
fundamentally change the character of the area. He has requested C-1 because
the Zoning Ordinance does not allow construction of a veterinary clinic in CO
even though it is an office. He feels it is just a technicality that must get
the rezoning. Mr. Bray said he believes development of the site would provide
an ideal use of the site, and would be a use which is an asset to the communi-
ty.
Mr. Bill Bailey said he has been working for Dr. Bray to find a new site
for his business. This is a perfect site which is in an area in transition
now. The surrounding uses will produce more traffic than his business. Dr.
Bray has spoken to the developers of the adjacent properties and they are not
opposed to what he wants to do. He has offered to do significant screening on
the back of the property, as well as soundproofing on the back of the build-
ing. Mr. Bailey said it is not practical to believe this property would ever
be developed residentially. The highway is too busy, and eventually it will
be developed commercially, so this seems to be a perfect use for'the property.
He urged the Board to support the request.
With no one else from the public rising to speak, the public hearing was
closed~
Mr. Davis said there seems to be a problem with the proffer statement.
Staff just realized that it has not been signed by the owner. Dr. Bray is a
contract purchaser, so he cannot sign the proffer. The proffers cannot be
legally accepted until they are signed by the owner of the property, who does
not live in the State. He recommended that the Board defer any action on
these petitions until the proffer has been properly executed.
Mr. Bailey asked if there were any way to approve the petitions subject
to the signature being obtained. Mr. Davis said "no". Mr. Bowerman and Mr.
Martin both felt the petitions could be placed on the next consent agenda of
the Board. Mr. Tucker noted that the Board does not meet again until October
4 and asked if that is a problem. Mr. Bailey said Dr. Bray is involved in a
lease situation at Pantops. He understood from the Planning Department that
as long as Dr. Bray is the contract purchaser, he could sign the proffer°
Mr. Davis said the contract purchaser can sign the rezoning application,
but cannot sign a proffer which binds the property. Mr. Bailey asked if there
is any way to approve the application subject to getting the signature within
the next five days. Mr. Martin said if it appears that the Board members are
in favor of approval, the application can be placed on the next consent
agenda. Mr. Bailey asked if the Board came to that consensus, Dr. Bray could
proceed with making the plans for his development, everything except digging
dirt. Mr. Martin said the Board cannot guarantee that it will consent on
October 4, but Dr. Bray can get a good feeling that there is a chance the
Board will consent. Mr. Bailey said Dr. Bray has spent a fair amount of money
in getting to this point. Mr. Martin said that is all that can be done at
this time. Mr. Bowerman agreed. Mrs. Humphris said that is the extent of the
Board's ability tonight. She has heard no opposition to the proposal. Mr.
Martin said the Board has only two choices. It can turn down the request, or
it can defer the request to October 4.
Motion was then offered by Mr. Martin to defer the petitions to October
4, 1995, pending the signing of the proffers by the property owner. Mr.
Martin said when you look at this particular area it would be hard to put
residential development on Route 250 across from an automobile service station
and next to a restaurant. It makes more sense to have residential zoning
behind this type of use.
The motion was seconded by Mro Bowerman. Roll was called, and the
motion carried by the following recorded vote:
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September 20, 1995 (Regular Night Meeting)
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AYES: Mr. Marshall, Mr Martin, Mrs. Thomas, Mr. Bowerman and Mrs. HumPhris.
NAYS: None.
ABSENT: Mr. Perkins.
Agenda Item No. 8. Approval of Minutes: March 15(N), 1995. No minutes
had been read.
Agenda Item No. 9. Other Matters Not Listed on the Agenda from the
BOARD.
Mr. Tucker mentioned that some Board members had expressed concern over
the lack of attendance at the Planning Commission's work sessions on the
Comprehensive Plan. Mr. Tucker said he would discuss advertising with Ms. Lee
Catlin.
Mrs. Thomas asked if the staff would develop a report for the Board on a
suggestion that the Albemarle County Industrial DeveloPment Authority have a
standard that encourages firms which are getting a public benefit from these
bonds to take some responsibility in the community and develop a plan to work
with Social Services in finding their clients jobs.
At 7:45 p.m., motion was offered by Mr. Bowerman, seconded by Mrs.
Thomas, to adjourn into executive session pursuant to Code Section 2.1-344A.7
of the Code of Virginia to consult with legal counsel and staff regarding
specific legal matters relating to reversion issues. Roll was called, and the
motion carried by the following recorded vote:
AYES: Mr. Marshall, Mr. Martin, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris.
NAYS: None.
ABSENT: Mr. Perkins.
At 8:20 p.m., the Board reconvened into open session. Motion was
immediately offered by Mr. Bowerman, seconded by Mrs. Thomas, to certify by a
recorded vote that to the best of each Board members's knowledge only public
business matters lawfully exempted from the open meeting requirements of the
Virginia Freedom of Information Act and identified in the motion authorizing
the executive session were heard, discussed or considered in the executive
session. Roll was called, and the motion carried by the following recorded
vote:
AYES: Mr. Marshall, Mr. Martin, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris.
NAYS: None.
ABSENT: Mr. Perkins.
Agenda Item No. 10. Adjourn. With no further business to come before
the Board, the meeting was immediately adjourned.
Al'PROVED
BY BOARD
OF COUNTY
SUPERVISORS
DATE:
INITIALS:
Z~rman