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1995-04-12April 12, 1995 (Regular Night Meeting) (Page 1) A regular meeting of the Board of Supervisors of A1 Virginia, was held on April 12, 1995, beginning at 7:0£ Office Building, McIntire Road, Charlottesville, Virgi~ PRESENT: Mr. David P. Bowerman, Mrs. Charlotte Y. Forrest R. Marshall, Jr., Charles S. Martin, Walter F. H. Thomas. ABSENT: None. OFFICERS PRESENT: County Executive, Robert W. Tuck Attorney, Larry W. Davis; and Director of Planning and V. Wayne Cilimberg. Agenda Item No. 1. Chairman, Mr. Perkins. Agenda Item No. 2. Agenda Item No. 3. The meeting was called to orde~ Pledge of Allegiance. Moment of Silence. Agenda Item No. 4. Public. There were no other matters from the public. Other Matters Not Listed on the Agenda Item No. 5. Consent Agenda. On motion by N Mrs. Humphris, items 5.1 and 5.2 were approved and the consent agenda were received for information. Roll wag carried by the following recorded vote: AYES: Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowe~ Mr. Marshall. NAYS: None. Item 5.la. Appropriation Request: Gardening for 5 (Form #940055). (A Gardening for Nature Grant in the ~ awarded by the Department of Natural Resources, Virginz History, to Hollymead Elementary School. This project focuses on developing and enhancing the delivery of en~ through gardening and landscaping. The Outdoor Classr( outdoor science lab for teachers and students. This pi improve the teaching of elementary science to students approach to habitat renewal, ecology and organic garde] an increase in the children's familiarity with the nat~ environmental consciousness by children, teachers, vol] members. Staff recommends approval of Appropriation #! $150 for the Gardening in Nature Grant.) The following Resolution of Appropriation was adopt vote: FISCAL YEAR: 94-95 TYPE OF APPROPRIATION: NEW FUND: GRANT PURPOSE OF APPROPRIATION: FUNDING FOR GARDENING FOR HOLLYMEAD SCHOOL. DESCRIPTION EXPENDITURE COST CENTER/CATEGORY MISC SUPPLIES TOTAL 1310460205600000 REVENUE DESCRIPTION GARDENING FOR NATURE TOTAL 2310424000240710 000306 Oemarle County, P.M., Room 7, County Kumphris, Messrs. Perkins and Mrs. Sally er, Jr.; County Community Development, at 7:00 P.M., by the Agenda from the rs. Thomas, seconded by remaining items on the called and the motion an, Mrs. Humphris and ature Grant - $150, Lmount of $150 was .a Museum of Natural "Outdoor Classroom", ~ironmental education )om will serve as an ~oject is designed to through a hands-on ling. It will lead to ~ral world and greater ~nteers and community )40055 in the amount of ed by the above shown FOR NATURE GRANT AMOUNT Item 5.lb. Appropriation Request: Public Safety ( #940056). (The County of Albemarle has been experienc especially in the areas of retailing and residential d, has placed increasing demands on the County Police Dep. demand are traffic related. In 1992, a Traffic Unit w. grant will help expand the unit to a more functional 1. for traffic checkpoints, selective enforcement and edu overtime work to be performed by the County of Albemar will be funded by this $16,839 Federal grant. There a requirements. Staff recommends approval of Appropriat amount of $16,839.) The following Resolution of Appropriation was adop vote: NEW FISCAL YEAR: 94-95 TYPE OF APPROPRIATION: FUND: GR3kNT $150.00 $150.00 AMOUNT GRANT $150.00 $150.00 :ed by the above Shown ;rant- $16,839, (Form lng rapid growth ~velopment. This growth ~rtment. Major areas of ~s established. This ~vel by funding overtime ~ation operations. The [e Police Department fe no local matching [on #940056 in the April 12, 1995 (Regular Night Meeting) (Page 2) PURPOSE OF APPROPRIATIONi ..... FUNDING FOR TRAFFIC pROJECT. 000307 CT EXPANSION EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1153031145129900 1153031145300205 REIMBURSABLE OVERTIME ADMINISTRATIVE SERVIC~IS TOTAL $15,156.00 1,683.00 $15,839.00 REVENUE DESCRIPTION AMOUNT 2153033000330306 FEDERAL GR3%NT $16,839.00 TOTAL $16,839.00 Item 5.2. Authorize Chairman to execute Service ~eement with Crozet Volunteer Fire Department, Inc. [Several years ago Alt ~marle County estab- lished a revolving fund to be used by the ten volunteel' fire and rescue companies in the County. This fund, currently funded .t $2.0 million, provides the volunteer companies a means of acquiring ~eded fire-fighting equipment and buildings, interest free, with repayment~ being deducted from their annual County appropriation. Requests for ~sements from the fund are monitored and approved by the Jefferson Country Fi]'e and Rescue Associa- tion (JCFRA)]. The current amount available for loan in the $231,838.63. Crozet Volunteer Fire Department, Inc~, ! JCFRA, an advance of $130,000 to purchase a new pumper will be paid upon request after the execution of this.~ the loan will be over an eight year period beginning l! approved this request. Staff recommends authorizing tt the Service Agreement.) The Chairman was authorized to execute the followir the above shown vote: THIS SERVICE AGREEMENT, made for the purpose this 12th day of May, 1995, by and betweel ALBEMARLE, VIRGINIA (the "County") and the CROZE~ DEPARTMENT, INC. ("Crozet"); "fund is Las requested, through truck. This advance Lgreement. Repayment of L FY 95/96. JCFRA has ie Chairman to execute Service Agreement by Df identification the COUNTY OF VOLUNTEER FIRE WITNES SETH: Background: (A) The County previously has E service agreement with Crozet, dated May 11, 199( the withholding of certain sums each year by the County's annual grant to Crozet, as set forth in copy of which is attached hereto as Exhibit A; al (B) As a result of said agreement, the outstanding indebt- edness now totals One Hundred Eighteen Thousand ~ix Hundred Dollars ($118,600.00); and ~ (C) Crozet now desires to receive from the ~ounty an addi- tional One Hundred Thirty Thousand Dollars ($1301000.00) to be .~tered into a ~, providing for County from the said agreement, a ld used for a new pumper; and (D) Crozet also desires to enter into an ag~ dating its annual withholdings of payment by the NOW, THEREFORE, for and in consideration of ~ Crozet of a volunteer fire company which will fi~ protect property and human life from loss or daml the term of this agreement, the County shall pa~ Hundred Thirty Thousand Dollars ($130,000.00), ~ be made from the fire fund to be paid after exec~ agreement. The sum of Thirty-One Thousand and Seventy-Fi ($31,075.00) shall be withheld from the County's Crozet for a period of eight (8) years beginning 1995-96 and ending in fiscal year 2002-03. Thus the eighth year, which is the term of this servi, total of Two Hundred Forty-Eight Thousand Six Hu: ($248,600.00) will have been withheld. This witl dates the balance of all prior advancements as a prior service agreements with Crozet dated Febru. 11, 1986, and May 11, 1990. If at any time during the term of this agree~ longer in the business of providing fire-fighti~ pumper is no longer used for fire-fighting purpo covenants that it will convey its interest in th County at no cost to the County so long as the C assigns will use the pumper for fire-fighting pu further covenants that it shall not convey the p' interest therein to any party other than the Cou County's prior written consent during the term o A copy of the title to the pumper shall be deliv ent, Crozet is no services or the ~es, Crozet pumper to the )untY or its ~poses. Crozet lmper or any ~ty without the this agreement. ~red to the County ye Dollars annual grant to with fiscal year at the end of :e agreement, a ~dred Dollars zholding consoli- result of the ~ry 22, 1985, June 'eement consoli- County; he operation by ~ht fires and ~ge by fire during to Crozet One ~ich payment shall ~tion of this April 12, 1995 (Regular Night M~et~i (Page 3) the pUr~hase"of'the'new pumper set forth in prior agreements not in conflict wil remain in full force and effect. WITNESS the following signatures and seals: COUNTY OF ALBEMARLE, VIRGINIA By Walter F. Perkins, Chairman Albemarle County Board of Superv CROZET VOLUNTEER FIRE DEPARTMENT, By President Item 5.3. Copy of Planning Commission minutes for received for information. Item 5.4. Memorandum dated March 27, 1995, from Ms Assistant County Executive, re: Housing Coordinator. indicates that the new Housing Coordinator, Virginia M( with the County on April 17. Ms. McDonald has 22 year~ housing field and most recently served as the Occupanc5 Housing Opportunities Commission for Montgomery County, that, she served for five years as the first Housing C¢ William County and later as Chief of Mousing.) Item 5.5. Letter dated April 6, 1995, from Mr. J. Maintenance Operations Manager, Department of Transport that Route 643, between Route 29 and Route 649, will bE traffic from Monday, April 10, through Friday, April 14 information. VDoT intends to install new drainage pipe road. The work zone is approximately one mile east of Route 29 and just west of the railroad tracks. While ! motorists having destinations west of the work zone cai Route 29. However, those motorists having destination~ should take Route 649 to Route 643 and then right onto destination. Item 5.6. Acme Design Technology Co., December, 1! and year-ending December 31, 1994, Financial Report, wt information. Agenda Item No. 6. Presentation of Certificate of Mr. Perkins said Calvin Jones served from October 1994 as Purchasing Agent for Albemarle County. Mr. Jo] first Purchasing Department for the County which was Department in 1980. Mr. Jones was a past president of tion of Governmental Purchasing and served on its boar~ several years. He is now a life member of the organiz; served as president of the Albemarle County Credit Uni~ Board of Supervisors, Mr. Perkins presented to Mr. Jon, Appreciation for his service to the County. Mr. Perkins recognized the Charlottesville Junior Troop #127, both present to observe the meeting. (The Board took up Agenda Item Nos. 7, 8, 9 and 10 Agenda Item No. 7. Public Hearing on an ordinance Chapter 2.1, Agricultural and Forestal Districts, by a, Section 2.1.4(d), Blue Run Agricultural and Forestal D. addition consists of three parcels of 21.670 ac on W s, rsville. (Advertised in the Daily Progress on March 2 Agenda Item No. 8. Public Hearing on an ordinance Chapter 2.1, Agricultural and Forestal Districts, by a. 2.1.4(o), Buck Mountain Agricultural and Forestal Dist: consists of one parcel of 26.890 ac on E sd of Rt 601. Daily Progress on March 27 and April 3, 1995.) Agenda Item No. 9. Public Hearing on an ordinance Chapter 2.1, Agricultural and Forestal Districts, by a 2.1.4(g), Moorman's River Agricultural and Forestal Di tion consists of two parcels of 172.0 ac on W sd of Rt (Advertised in the Daily Progress on March 27 and Apri 000 0 Ail covenants this agreement (Seal) lsors INC. (Seal) [arch 28, 1995, was Roxanne W. White, '(The memorandum Donald, will begin work in the affordable Coordinator for the Maryland. Prior to ~rdinator for Prince H. Shifflett, Jr., :ation, providing notice ~ closed to through :, was received for ~ under a section of the the intersection with :he road is closed continue to enter off east of the work zone Route 643 to their 94, operating results ~re received for Appreciation. , 1973 to November 30, res established the ~rged with the Finance the Virginia Associa- ! of directors for ~tion. Mr. Jones also )n. On behalf of the ~s a Certificate of ,eague and Boy Scout concurrently.) to amend and reenact fding a parcel to ~strict. Proposed of Rt 777 near Barbou- and April 3, 1995.) 5o amend and reenact ~ding parcels to Section ~ict. Proposed addition (Advertised in the to amend and reenact ~ding parcels to Section ~trict. Proposed addi- 821 near Millington. 3, 1995.) .... ' 000,309 April 12, 1995 (Regular Night ~eti~g) (Page 4) Public Hearlng-on'~n ordinance to amend and reenact Chapter 2.1, Agricultural and ForeSta! Districts, by ac iing parcels to Section 2.1.4(e), Keswick Agricultural and Forestal District. Proposed addition consists of two parcels of 6.3 ac on NW sd of Rt 22. %Advertised in the Daily Progress on March 27 and April 3, 1995.) I ' Mr. Cilimberg summarized the staff reports for the ~bove-referenced is agricultural/forestal districts and the properties to ~e added to the d' - tricts which are on file in the Clerk's office and a part of the permanent record of the Board. The Planning Commission, at its uieeting on March 14, 1995, unanimously recommended approval of the addition~ to each district. The Chairman opened the public hearing on the additLons to the agricul- tural/forestal districts. No one from the public came forward to speak. Motion was offered by Mr. Martin, seconded by Mrs. Thomas, to adopt the following ordinance to amend and reenact Chapter 2.1,4t~ricultural and Forestal Districts, by adding parcels to Section 2 1. e), Keswick Agri- cultural and Forestal District. Roll was called and tile motion carried by the following recorded vote: AYES: Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerr~an, Mrs. Humphris and Mr. Marshall. NAYS: None. ORDINANCE NO. 95-2.1(4) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2.1, {~GRICULTURAL AND FORESTAL DISTRICTS SECTION 2.1.4, DISTRICTS DESCI[IBED OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED by the Board of County Supervisors of the County of Albemarle, Virginia, that Chapter 2.1, Agricultural and Forestal Districts, is hereby amended and reorda:.ned by amending Section 2.1.4(e), Keswick Agricultural and Foresl~al District, as follows: Sec. 2.1-4. Districts described. (e) The district known as the "Keswick Ag: Forestal District" consists of the properties: Tax map 63, parcels 24, 42A, 43; tax map 64, parcels 5, 7, 7A 10B, 10C, 10D, 12, 13, 13A, 14; tax m{ tax map 79, parcels 46, 46A; tax map ~0, parcels 1, 2A, 3A, 3Al, 3G, 3H, 3I, 4, 61D, 88, ~14A, 115, 164, 169, 169A, 174, 176, 182, 182A, 183, ~83A, 190, 192, 194; tax map 81, parcels 1, SA, 63. ~his ordinance shall be reviewed no more than ten (10) years frOm September 3, 1994. Motion was offered by Mrs. Humphris, seconded by M~ the following ordinance to amend and reenact Chapter 2 Forestal Districts, by adding parcels to Section 2.1.4 tural and Forestal District. Roll was called and the following recorded vote: AYES: Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bower Mr. Marshall. NAYS: None. ORDINANCE NO. 95-2.1(1) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2.1, FORESTAL DISTRICTS SECTION 2.1.4, DISTRICTS DESCi OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED by the Board of County Superv County of Albemarle, Virginia, that Chapter 2.1, Forestal Districts, is hereby amended and reorda Section 2.1.4(d), Blue Run Agricultural and Fore. follows: Sec. 2.1-4. Districts described. The district known as the "Blue Run A Forestal District" consists of the fo properties: Tax map 35, parcels 17, 24A, 26, 26A, 26B, 26C, 28, 29, 29B, map 36, parcels 6A, 9, 20; tax map 49 4A5, 24; tax map 50, parcels 5, 5B, 7 47A, 47B; tax map 51, parcel 13. Thi be reviewed no more than eight (8) ye 1994. (d) icultural and ~lowing described ~9, 39A, 39B, 40, . 8, SA, 9, 10A, ~p 65, parcel 13; 2, ~an, Mrs. Humphris and ~RICULTURAL AND ~IBED OF THE CODE .sors of the Agricultural and tned by amending {tal District, as ~ricultural and llowing described 17A, 22, 22A, 23, 31, 32A, 43; tax parcels 4A, 32A, 45B, 47, district shall ~rS from June 18, '. Bowerman, to adopt .1, Agricultural and Id), Blue Run Agricul- ~otion carried by the April 12, 1995 (Regular Night ~eting) (Page 5) Motion was offered by Mr. Marshall, seconded by Mrs the following ordinance to amend and reenact Chapter 2 Forestal Districts, by adding parcels to Section 2.1.4 Agricultural and Forestal District. Roll was called al the following recorded vote: AYES: NAYS: Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bower~ Mr. Marshall. None. ORDINANCE NO. 95-2.1(3) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2.1, FORESTAL DISTRICTS SECTION 2.1.4, DISTRICTS DESC~ OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED by the Board of County Supervi County of Albemarle, Virginia, that Chapter 2.1, Forestal Districts, is hereby amended and reorda~ Section 2.1.4(g), Moorman's River Agricultural al District, as follows: Sec. 2.1-4. Districts described. (g) The district known as the "Moorman's ] al and Forestal District" consists of described properties: Tax map 27, pa: 40A, 42; tax map 28, parcels 2, 2A, 3 7A, 7Al, 7B, 8, 11, 12A, 17A, 17C, 18 32D, 34, 34A, 34B, 35, 35B, 37, 37A, ~ 38; tax map 29, parcels 2C, 7B, 8, 8B 9, 10, 15C, 40B, 40C, 40D, 49C, 50, 5, 63A, 63D, 67, 67C, 69D, 69F, 70A, 70B 70H, 70H1, 70K, 70L, 70M, 71, 7lA, 73] 78, 79, 79A1, 79A2, 79B, 79C, 79D, 79] map 30, parcels 10, 10A, 12, 17A, 18E parcels 15, 17C, 18, 37D1, 41, 41C, 41 67B, 68, 70, 72, 72B, 72C, 89; tax ma 6, 6B, 8, 8A, 8C, 10, 10A, 10D, 25C, 38, 40, 40C, 40D, 40D1, 40G, 40H, 40H 43A, 44, 53 (part), 58; tax map 43, p~ 2A, 3, 3A, 3C, 3D, 4C, 4D, 5, 5A, 9, 18A, 18C, 18E4, 18F, 18G, 18J, 19I, 1 20B, 20C, 21, 2lA, 23A, 23D, 24, 25A, 30A, 30B, 30D, 30G, 30H, 30M, 32H, 33 42, 43, 45, 45A, 45C, 45D, 58; tax ma] 2, 24, 25, 26, 26A, 26C, 27B, 27C, 28 30, 30A, 30B, 31, 3lA, 31Al, 31D, 31F tax map 59, parcels 30, 30C, 32, 32A, Motion was offered by Mrs. Thomas, seconded by Mr. following ordinance to amend and reenact Chapter 2.1, ] Forestal Districts, by adding parcels to Section 2 1.4 Agricultural and Forestal District. Roll was called a~ the following recorded vote: AYES: Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerl Mr. Marshall. NAYS: None. ORDINANCE NO. 95-2.1(2) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2.1, FORESTAL DISTRICTS SECTION 2.1.4, DISTRICTS DESC] OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED by the Board of County Superv~ County of Albemarle, Virginia, that Chapter 2.1, Forestal Districts, is hereby amended and reorda Section 2.1.4(o), Buck Mountain Agricultural and trict, as follows: Sec. 2.1-4. Districts described. (o) The district known as the "Buck Mount and Forestal District" consists of th scribed properties: Tax map 8, parce 17F, 50; tax map 17, parcels 26B, 26C Agenda Item No. 11. ZMA-94-23. CMA Properties, Center. Public Hearing on a request to rezone approx located at end of Myers Dr including cul-de-sac of Mey (part). Site recommended for Regional Service in Neig Comprehensive Plan. Rio Dist. (Advertised in the Dai and April 3, 1995.) 0003 0 · Humphris, to adopt 1, Agricultural and g), Moorman's River .d the motion carried by ~an, Mrs. Humphris and ~GRICULTURAL AND ~IBED OF THE CODE sors of the Agricultural and .ned by amending id Forestal iver Agricultur- the following ~cels 32, 34, 40, 4, 5, 6, 6A, 23B, 32B, 32C, t7B, 37C, 37D, SE, 8H, 8J, 8K, ~A, 61, 62, 63, 70C, 70F, 70G, ~, 74A, 76, 77, )1, 80, 84; tax tax map 41, tH, 44, 50, 67, ) 42, parcels 5, ~5C1, 37F, 37J, , 41, 42B, 43, rcels 1, lB, 2, ~0, 16B, 17, 18, )N, 19P, 20A, 25B, 25E, 30, 33D, 34, 41, 44, parcels 1, 29, 29A, 29D, 31G, 32G, 32G1; 34, 35, 82A. Bowerman, to adopt the ~gricultural and [o), Buck Mountain xd the motion carried by ~an, Mrs. Humphris and ~GRICULTURAL AND ~IBED OF THE CODE .sors of the Agricultural and [ned by amending Forestal Dis- ~in Agricultural ~ following de- ~s 16A, 16C, 17E, 31. c./Colonial Auto [.1 ac from PD-SC to HC ~rs Dr. TM45,P94A · borhood 1 by the [y Progress on March 27 April 12, 1995 (Regular Night ~'~t~g) (Page 6) Mr. Cilimberg summarized the staff report which is office and a part of the permanent record of the Board. sion, at its meeting on March 14, 1995, recommended der primarily due to lack of assurances about possible tra~ ing from the rezoning. On April 4, 1995, the applicant submitted the follc traffic generation: "(1) that no use will be placed or located at the west end of Myers Drive which would gene of 200 trips per day from that use of the parcel, base( of the Trip Generation Standards published by the InstJ Engineers." Mr. Cilimberg said staff feels this proff~ the concerns raised in the staff report and now suppor! proffer. The Chairman opened the public hearing. Ms. Susan Colonial Auto Center, said the property is needed to gl ment more flexibility and a better traffic flow so tha! be moved as often. No public use of the property is p2 parking layout has been designed to meet public parkin~ plan for public use. This area is a vacant cul-de-sac glass and loitering. This would allow them to maintai~ There being no other public comments, the public he Motion was offered by Mr. Bowerman, seconded by Mr. ZMA-94-23 as proffered in a letter dated April 4, 1995~ Myers, III, President, C.M.A. Properties, Inc., as fol~ will be placed on the 1.091 acre parcel located at the which would generate traffic in excess of 200 trips pe] the parcel, based on the latest edition of the Trip Gel published by the Institute of Transportation Engineers Roll was called and the motion carried by the foll¢ AYES: NAYS: Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowe~ Mr. Marshall. None. (The Board discussed Agenda Item Nos. 12 and 13 cot (Mr. Bowerman disqualified himself from discussion~ ZMA-94-27. His firm has a pending contract for fitnes: Lakes Clubhouse. He is disqualifying himself from Gle] business with them. Mr. Bowerman left the meeting at Agenda Item No. 12. ZMA-94-26. Glenmore Associat~ request to amend existing agreements of the Glenmore PI setbacks. Site recommended for VR in the Village of Ri (Advertised in the Daily Progress on March 27 and April Agenda Item No. 13. ZMA-94-27. Forest Lakes Asso( on a request to amend existing agreements of ZMA-91-04 allow modification of open space and setback requireme] is recommended for low density residential 1-4 du/ac) ] Plan. Rivanna Dist. (Advertised in the Daily Progres: 3, 1995.) Mr. Cilimberg summarized the staff reports for ZMA- which are on file in the Clerk's office and a part of the Board. The Planning Commission at its meeting on mously recommended approval of amendment to the existi applicatibns. The Chairman opened the public hearing on ZMA-94-2 representing the Kessler Group, said he would answer members. He had no additional comments. There being public hearing was closed. 0003ii on file in the Clerk's The Planning Commis- ~ial of ZMA-94-23 'fic generation result- wing proffer to address ~ the 1.091 acre parcel ~rate traffic in excess [ on the latest edition .tute of Transportation ~r adequately addresses ~s the petition with the Thomas, representing .ye the service depart- ~ cars will not have to .armed. Although the [ standards, there is no and has a lot of broken and clean the area. ~ring was closed. Marshall, to approve signed by H. Carter .ows: "(1) that no use west end of Myers Drive day from that use of eration Standards wing recorded vote: ~an, Mrs. Humphris and .currently.) on ZMA-94-26 and equipment with Forest ~more in anticipation of :18 p.m.) s. Public Hearing on a ~D to establish modified 2vanna. Rivanna Dist. 3, 1995.) iates. Public Hearing (Forest Lakes South) to lts. Property zoned PUD )y the Comprehensive on March 27 and April )4-26 and ZMA-94-27 he permanent record of 4arch 14, 1995, unani- ~g agreements for both Mr. Greg Porter, questions from Board other comments, the Motion was offered by Mr. Martin, seconded by Mrs. Humphris, to approve ZMA-94-26 subject to the previous agreements with the ~ollowing amendment to #10: Development shall be in general accord with ~he Application Plan and Glenmore Rezoning Application inclu ling textual program of development as described in Exhib:.t B to the peti- tion, except that the setbacks for Tax Map 91~A1, Parcel 1 and Tax Map 93A4, Section D; Parcels 3, 5, 6, 8, 9, 11, 14, 15, 17, 18, 19, 20, 21, 22, 24, 25, 36, 37, 38, ~4, 45, 47, 48, 52, 53, 54, 55, 56, 57 58, 59, 60, 61, 62, 6, , 68, shall be as follows: Front Yard: Depth of front yard should twenty- five (25) feet except, in Sectio cottage sections, the front yard may be (10) feet for a maximum lineal distance (28) feet provided that there shall be no less than D or future to ten twenty-eight openings except ~ril 12, 1995 (Regular Night Meeting) (Page 7) for garage doOr(S) in~an~~'~i°r wall of structure parailel to the street between tw and ten (10) feet frOm the front lot line. Side Yard: Depth of side yard shall be no fifteen (15) feet except, in Section D or f sections, the depth of the side yard shall three (3) feet. Corner Side Yard: Depth of side yard of lc ~treet intersections with common open space width of fifteen (15) feet between the lot street's right-of-way may be reduced to se~ (7.5) feet. Rear Yard: Depth of rear yard shall be no twenty (20) feet except in cases in which abuts common open space or the golf course yard of such a lot may be reduced to ten ( Roll was called and the motion carried by the follo~ AYES: Mr. Martin, Mr. Perkins, Mrs. Thomas, Mrs. Humph] ABSTAIN: Mr. Bowerman. NAYS: None. The chairman opened the public hearing on ZMA-94-27 representing the Kessler Group, said he would answer an members. He had no additional comments. There being n public hearing was closed. Mo~ion was offered by Mr. Martin, seconded by Mrs. ] ZMA-94-27 subject to the previous agreements with the f #10: Development shall be in general accord with tl Plan and Forest Lakes South Rezoning Applicat textual program of development as described il South Rezoning Application" amended August 13 petition, except that the setbacks for Tax Ma' and Tax Map 46B6, Section A, Parcel 24, 47, S 4, 5, 9, 26, 32, shall be as follows: Front Yard: Depth of front yard should bt twenty- five (25) feet except the front y~ duced to ten (10) feet for a maximum line~ twenty-eight (28) feet provided that ther~ openings except for garage door(s) in any the enclosed structure parallel to the st~ twenty-five (25) and ten (10) feet from ti line. Side Yard: Depth of side yard shall be n, and one half (7 1/2) feet except, in sect patio sections, the depth of the side yar~ less than three (3) feet. Corner Side Yard: Depth of side yard of street intersections with common open spa width of fifteen (15) feet between the lo street's right-of-way may be reduced to s (7.5) feet. Rear Yard: Depth of rear yard shall be n twenty (20) feet except in cases in whic abuts common open space, then the rear ya may be reduced to ten (10) feet. Roll was called and the motion carried by the foll¢ AYES: Mr. Martin, Mr. Perkins, Mrs. Thomas, Mrs. Hump! ABSTAIN: Mr. Bowerman. NAYS: None. (Mr. Bowerman returned to the meeting at 7:22 p.m. Agenda Item No. 14. SP-94-32. Free Union Baptist Cemetery. Public Hearing on a request to expand exist 2.85 ac zoned RA located on N sd of Rt 609 approx 900 TM29,P26. White Hall Dist. (Advertised in the Daily P April 3, 1995.) Mr. Cilimberg summarized the staff report whiCh is office and a part of the permanent record of the Board sion, at its meeting on March 28, 1995, unanimously re SP-94-32 subject to two conditions. 000 3 .2 :he enclosed ~nty- five (25) ~ess than uture cottage be no less than ts located at of a minimum and one of the 'en and one-half less than the rear lot then the rear [0) feet. ing recorded vote: ~is and Mr. Marshall. Mr. Greg Porter, questions from Board Other comments, the ~mphris, to approve ~llowing amendment to ~e Application ~on including "Forest Lakes 1991 to the 46B5, Parcel 1 ction C, Parcel no less than ~rd may be re- ~1 distance of shall be no exterior wall of ~eet between ~e front lot less than seven ions specified as shall be no ors located at of a minimum and one of the ~ven and one-half less than the rear lot rd of suCh a lot ,wing recorded vote: iris and Mr. Marshall. Church & Memorial lng cemetery located on ~t W of Rt 601. ~ogress on March 27 and on file in the Clerk's The Planning Commis- ~ommended approval of April 12, 1995 (Regular Night Meeting) (Page 8) .... . ~ The Chairman opened the public hearing. No one ca~ The public hearing was closed. Motion was offered by Mrs. Humphris, seconded by SP-94-32 subject to the following conditions: 1. The cemetery shall be limited to the exis area and that area shown on a plan of the Baptist Memorial Cemetery west section da initialed WDF, 3/8/95. Use of the area for future cemetery development" shall re of this permit; 2. Compliance with all Health Department reg Roll was called and the motion carried by the foll¢ AYES: NAYS: Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerr Mr. Marshall. None. (The Board discussed Agenda Item Nos. 15 and 16 co~ Agenda Item No. 15. Approval of the FY 1995-96 Coz (Advertised in the Daily Progress on March 27 and Apri~ Agenda Item No. 16. Set tax rates for 1995. Mr. Tucker said there are two resolutions before t~ ation. The first resolution approves the proposed exp~ 1995-96, which are shown by major category or function Several adjustments have been made to the proposed bu~ session, which do not change the General Fund bottom li Board's Reserve Fund from $27,373 to $69,126. The second resolution sets the tax levy for the ta~ proposed rates are the same as the current year and ari real estate tax rate and $4.28 for the personal proper1 Staff recommends approval of the proposed resoluti¢ Mr. Tucker said during the budget work sessions, ti did not reach a consensus, on an item in the Health De] Staff had recommended a 2.4 percent increase in the Hei plus a $13,000 increase for the Child Health Partnershl $611,000 or a 4.6 percent increase. During the work s, suggested that the Board increase the total amount for Partnership to $20,000. Dr. McLeod had indicated the ] al funds, but did not provide the Board with a definitl would use the funds. The additional $7000 was not incl This is now being brought to the Board's attention at Mr. Tucker pointed out that City Council only fund~ a two percent increase; it did not fund any additional Health Partnership. He was unable to contact Dr. McLe, ascertain how she might use those additional funds. able approving these funds not knowing how they might could at a later date approve the funds. Mr. Marshall said his understanding was that the a~ used for children who were borderline and being cut of cuts in programs'and knowing that they would be coming ment. Mr. Tucker said if the Board decides to do this provide the caveat that these funds are for County res did not provide funds. Mrs. Humphris suggested that this issue be discuss~ later time when the Board has the additional informati, that would be acceptable to him. It was apparent eno~ McLeod's presentation that there was sufficient enough the state that the need was there for the funds. He w. cerned about this program. He felt it could be left t. tion how best the funds should be used. Mr. Marshall said he is not sure the Board can dir~ be applied to Albemarle County residents. He also bel funds wisely. Mr. Bowerman said he feels comfortable with adding the Health Department's budget. Mr. Martin concurred. Mr. Tucker said if the Board adds these funds, the Development would be $5,074,511, instead of $5,067,511 Reserve would change to $62,126 instead of $69,126. A does not change. 0003 3 e forward to speak. s. Thomas to approve ;lng cemetery Free Union ;ed 4/20/93 and lown as "reserved ~uire amendment tlations. wing recorded vote: %an, Mrs. Humphris and ~urrently). nty Operating Budget. 3, 1995.) ~ Board for consider- ~nditures for FY and total $110,753,130. ;et since the final work .ne, but do increase the fable year 1995. The set at $.072 for the ~y tax rate. ,ns. .e Board discussed, but )artment's budget. tlth Department's budget ~p which would total ~ssion, Mr. Bowerman had the Child Health ~eed for these addition- ~ve idea on how she ~uded in the budget. ~r. Bowerman's request. :d the Health Department monies for the Child )d this afternoon to ~ is a little uncomfort- )e used. The Board [ditional funds would be ~ by Medicaid, due to to the Health Depart- , he hopes it will [dents since the City ~d with Dr. McLeod at a )n. Mr. Bowerman said )h to him from Dr. shortages coming from ~s particularly con- Dr. McLeod's discre- ~t that the funds only [eves she would use the the additional funds to figure for Human and the Contingency ain, the bottom line April 12, 1995 (Regular Nig.ht Meeting) (Page 9) Mr. Tucker then referr'~d to a letter dated April 11 the City of Charlottesville regarding budget items. CJ a two percent stipend for the Joint Security Complex e~ fund the Northside Reference Librarian. Mr. Martin suggested that staff bring back a report implications of the County fully funding the Northside position. Board members concurred. Motion was then offered by Mrs. Humphris, seconded adopt the following resolution to approve the FY 1995- Budget: RESOLUTION BE IT RESOLVED by the Board of County Superv: County, Virginia, that the operations budget fOr the Fiscal Year beginning July 1, 1995, be appro~ General Government Administration Judicial Public Safety Public Works Human Development Parks, Recreation and Culture Community Development County/City Revenue Sharing Refunds Capital Improvements Education - Operations Education - Self-Sustaining Funds Education - Debt Service Capital/Debt Service Reserve Contingency Reserve 000314 1995, received from ty Council did not fund ~loyees, and did not on May 3rd on the Reference Librarian by Mr. Bowerman, to ~6 County Operating sors of Albemarle the County for ,ed as follows: $ 4,796,974 1,667,903 7,966,802 2,021,441 5,074,511 2,803,880 2,201,941 5,049,991 41,000 2,300,000 63,774,854 5,895,827 6,845,880 250 000 62126 TOTAL $110,753. Roll was called and the motion carried by the recorded vote: AYES: NAYS: Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Mr. Marshall. None. Mrs. Humphris and Motion was offered by Mr. Martin, seconded by Mr. following resolution to set the tax rates for 1995. RESOLUTION to adopt the BE IT RESOLVED~that the Board of Supervisors of Albemarle County, Virginia, does hereby set the County for the taxable year 1995 for General County purposes at Seventy Cents ($0.72) on every One Hundred Dollars worth of real estat,~; at Four Dollars and Twenty-Eight Cents ($4.28) on every One 7ed Dollars worth of assessed value of personal property; at Four )ollars and Twenty-Eight Cents ($4.28) on every One Hundred )ollars worth of assessed value of machinery and tools; and at r-Two Cents ($0.72) on every One Hundred Dollars worth of as~essed value of public service assessments; and FURTHER orders that the Director of Finance ~f Albemarle County assess and collect on all taxable real ;ate and all taxable personal property, including machinery tools not assessed as real estate, used or employed in a ~nufacturing business, not taxable by the State on Capital; il Public Service Corporation property except the ~tock of railroads based upon the assessment fixed by the State Commis- sion and certified by it to the Board of Supervi'~ors both as to location and valuation; and including all boats watercraft under five tons as set forth in the Code of Vir¢ [nia; and vehicles used as mobile homes or offices as set forth in ;he Virginia Code; except farm machinery, farm tools, farm livestocl and household goods as set forth in the Code of Virginia, Sect[on 58.1-3500 through Section 58.1-3508. Roll was called and the motion carried by the foll¢ AYES: NAYS: Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Mr. Marshall. None. recorded vote: Mrs. Humphris and Agenda Item No. 17. Approval of FY 1995-96 Capita2 Improvements Program. Mr. Tucker said at its February 1 meeting, the Boa: FY 1995-96 through FY 1999-2000 Capital Improvements P but deferred final approval of the FY 1995-96 budget o approved the proposed 'ram of $60.4 million, $10,556,729 until April 12, 1995 (Regular Night Meeting) · (Page 10) ,-~ ........... after the operating budget work sessions in order to g~ opportunity to revise the CIp budget if needed during ~ There have been no changes or revisions in the FY 1995- budgets since that time. Staff recommends approval of the FY 1995-96 CIP bud $10,556,729. Motion was offered by Mrs. Humphris, seconded by Ms the FY 1995-96 Capital Improvements budget in the amour Mr. Perkins said he will support the motion, but he real estate and personal property taxes to build roads build roads should be coming from other sources. Mr. Roll was called and the motion carried by the foil AYES: NAYS: Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowe~ Mr. Marshall. None. Agenda Item No. 18. Set public hearing to amend ar Administration, Section 2-2.1, Compensation of board ol Mr. Tucker said staff budgeted a three percent incI salary. The Code of Virginia allows the Board to set percent. Mr. Davis said this amendment has to be acted on b 30, 1995. Mr. Marshall said he would not be present f~ 1995 Board meetings. Motion was offered by Mr. Bowerman, seconded by Mrs public hearing for June 14, 1995, to amend and reordail tion, Section 2-2.1, Compensation of board of supervise increase of three percent. Roll was called and the mol following recorded vote: AYES: Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bower~ Mr. Marshall. NAYS: None. Agenda Item No. 19. Approval of Minutes: January Mrs. Humphris had read the minutes of January 4, if exception of some typographical errors, found them to Mrs. Humphris offered motion, seconded by Mr. Bowel minutes of January 4, 1995. Roll was called and the m, following recorded vote: AYES: NAYS: Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowe~ Mr. Marshall. None. Agenda Item No. 20. Other Matters Not Listed on t! BOARD° Mr. Tucker said he has been discussing with Cole issues concerning the Jail Authority and jail expansio: of his staff will be meeting with the financial adviso: next week to get some additional information to addres City Council. Mr. Martin said he was told today that the Rivanna is discussing building a 900 foot mountain at the Ivy i increase the life of the Landfill by 20 years. Mrs. Ti plans since this is located in the Samuel Miller Distr assured that the plans will be appealed to the Board. being allowed by state law changes. Mr. Tucker said this is not a mountain; it is 900 elevations are already 700 and 800 feet. Me does not that perception. He explained that the State has appI elevation of the Landfill. The plans will soon go to then will come before the Commission. If the Commissi appealed, the plans will come before the Board. Mrs. Thomas said she just took a tour of the Landf: on. One of the reasons the life of the Landfill has i because of the new wood chipper. The chipper is lease reduced the amount of wood that previously had to be b 0003"t5 ve the Board an ,udget discussions. 96 CIP projects or ~et in the amount of s. Thomas, to approve Lt of $10,556,729. protests the use of Me thinks funds to arshall concurred. wing recorded vote: lan, Mrs. Humphris and d reordain Chapter 2, supervisors. ~ase for the Board's ~n amount of up to five tween May 1 and June ~r the May 10 or May 17, · Humphris, to set a ~ Chapter 2, Administra- )rs, for a salary :~on carried by the ~an, Mrs. Humphris and 4, 1995. 95, and with the )e in order. 'man, to approve the )tion carried by the ~an, Mrs. Humphris and [e Agenda from the ~ndrix, City Manager, ~. Mr. Hendrix and some fs of the Jail Board questions raised by ~olid Waste Authority Landfill which would · omas said she has the [ct. She has been The increased height is Eeet in elevation. The ~ant the public to have Dyed an increase in the ~ite plan review and ~n's decision is Lll to see what is going 5creased dramatically is and has tremendously uried. April 12, 1995 (Regular Night Meeting) (Page 11) ..~-~.~i~.~ Mr. Tucker added that when the Rivanna Authority wE the Landfill was ten years. It is now 20 years with t! Mr. Tucker also provided the Board some informatio~ cially paper. He noted that paper costs have increase( Mrs. Thomas said the Commonwealth Transportation Be session on the Meadow Creek Parkway on Wednesday, Apri2 The meeting will be held in Richmond in the CTB's Boar( the work session is to discuss the issue of shifting t! to a primary project, how they would do it, how the fu! It is his understanding that the discussions will not At the suggestion of Mrs. Thomas, it was the conse~ when landowners are notified of approval of inclusion agricultural/forestal district, the letter express app: service they are doing for the County. Mrs. Thomas asked for a staff report on locally re] that will be impacted by people taking the early retire the Governor. Mr. Bowerman asked for a status report on the prop¢ colored special use permit and rezoning notices. Mr. Davis reported that the lawsuit pending against the denial of the Greene special use permit was non-sul been advised that they will not refile. Mr. Martin announced that he would not be present meeting. Mr. Perkins announced he would not be present for Mrs. Thomas asked about the status of the issue re property raised in a letter from Elizabeth Petofi. ~ reviewing Ms. Petofi's concerns and will possibly brin! on May 3rd. Motion was offered by Mrs. Humphris, seconded by M~ May 17, 1995, Board meeting. Roll was called and the following recorded vote: AYES: Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowez Mr. Marshall. NAYS: None. Mr. Tucker announced that the joint public hearing on the new high school site is scheduled for April 25, the Auditorium. Agenda Item No. 21. Adjourn. At 8:07 p.m., with come before the meeting, the meeting was adjourned. ' Chairman 000316 s created, the life of Le higher elevation. on recycling, espe- considerably. ~rd will hold a work 19, 1995, at 2:00 p.m. Room. Mr. Tucker said e Meadow Creek Parkway tding might occur, etc. .nclude design. sus of the Board that ~f their lands in an ~eciation for the ated state services ~ment buy-out offered by sed large brightly the County challenging .ted on Friday. He has or the April 19th .he May 17 meeting. iarding the Preddy Creek Tucker said staff is something to the Board Martin, to cancel the "otion carried by the nan, Mrs. Humphris and with the School Board 1995 at 7:00 p.m., in further business to