1993-04-14April 14, 1993 (Regular Night Meeting) 000004
(Page 1)
A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on April 14, 1993, at 7:00 P.M., in the Auditorium, County
Office Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Mr. Edward H. Bain, Jr., Mr. David P. Bowerman, Mrs. Charlotte
y. Humphris, Messrs. Forrest R. Marshall, Jr., Charles S. Martin and Walter F.
Perkins.
ABSENT: None.
OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr.; County
Attorney, George R. St. John; 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. Bowerman.
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 Mr. Bain,
seconded by Mrs. Humphris, to approve Items 5.1 and 5.2 on the Consent Agenda,
and to accept the remaining items for information. There being no further
discussion, roll was called and the motion carried by the following recorded
vote:
AYES: Messrs. Marshall, Martin, Perkins, Bain, and Bowerman, Mrs. Humphris.
NAYS: None.
Item 5.1. Statements of Expenses for the Department of Finance,
Sheriff, Regional Jail, Commonwealth's Attorney and Clerk, Circuit Court, for
the Month of March, 1993, were approved as presented by the vote shown above.
Item 5.2. ZMA-90-09. Cathcart-Turner - Revised Application Plan, was
approved as set out in the following memorandum dated April 7, 1993, from Mr.
V. Wayne Cilimberg, Director of Planning and Community Development:
"The above referenced rezoning approved on October 3, 1990
resulted in the rezoning of some 24 acres from R-i, Residential to
PRD, Planned Residential Development on Avon Street south of 1-64.
On September 12, 1991 the Board of Supervisors approved a revised
application plan intended to reduce environmental and aesthetic
impacts. The agreements for the development were revised in 1991
to reflect the revised application plan.
The applicant has again revised the plan to further reduce earth
work and better balance cut and fill activities. The revised plan
provides for access to the adjacent property. Overall traffic
flow on-site, including the access road, is improved by the new
layout.
The Architectural Review Board (ARB) has reviewed this proposed
plan and will issue a Certificate of Appropriateness subject to
conditions. The ARB has recommended approval of the project to
the Board of Supervisors. The plan has been reviewed by the Site
Review Committee. No issues were raised that would indicate that
final plan approval cannot be granted pending technical revisions
to the plan. It should be noted that the applicant is seeking a
reduction in the number of tot lots to be provided because the
development will be targeted to childless individuals, thereby
reducing the need for tot lots.
Other recreational amenities, such as a pool and clubhouse, are
to be provided. The use of alternative recreational facilities
is permitted in accord with Section 4.16.2.1 and can be addressed
at the time of site plan approval.
Staff opinion is that the proposed alterations to the approved
plan are consistent with the intent of the original approval and
will result in a development superior to the original plan.
Staff recommends the following substitutions to the agreements
adopted on September 12, 1991:
1.Development shall be in accord with the plan dated March 15,
1993 titled Lakeside Apartments.
2. The applicant agrees to reserve for dedication upon demand
of the County, a 50 foot right-of-way from Route 742 to Tax
Map 91, Parcel 2. The applicant agrees to construct a 40
foot curb to curb cross-section running approximately as
shown on the landscape plan for Lakeside Apartments dated
April 14, 1993 (Regular Night Meeting) 000005
(Page 2) '
March 15, 1993 and labeled as access road. Costs incurred
in having the road accepted into the state system shall not
be borne by the applicant unless the need for dedication is
generated by this development.
Staff recommends that the Board accept these changes as meeting
the intent of the original approval. With this acceptance staff
will include these modifications in the Cathcart-Turner file as
part of the approved conditions."
Item 5.3. Copies of the Planning Commission's minutes for March 16 and
March 23, 1993, were received for information.
Item 5.4. Arbor Crest Apartments Bond Program Report and Monthly Report
for the Month of February, 1993, was received for information.
Item 5.5. Memorandum dated April 2, 1993, to Mr. Alton L. Carver, Capi-
tal Projects Coordinator, from Ms. Amelia G. McCulley, Zoning Administrator,
re: Official Determination of Number of Parcels of Record - Tax Map 31,
Parcel 56 (property of Shannon Shirley), was received for information.
Item 5.6. Memorandum dated April 9, 1993, from Mr. Melvin A. Breeden,
Director of Finance, to Mr. Richard E. Huff, II, Deputy County Executive, re:
Status of Reassessment Appeals, was received for information.
Item 5.7. Memorandum dated April 13, 1993, from Mr. Forrest D. Kerns,
Charlottesville Housing Foundation, to Mr. Robert W. Tucker, Jr., County
Executive, and Mr. David Benish, Chief of Community Development, re: Crozet
Crossing, was received for information.
Agenda Item No. 6. ZMA-92-13. George & William Clark (deferred from
March 17, 1993).
Mr. Cilimberg said staff met with the applicant in an effort to further
address the issues identified in the original staff report. The items
identified by staff initially were as follows:
No plan of development has been provided to indicate design, scale
or scope of the proposal;
2. Roads fronting this site are currently nontolerable;
3. Verification of adequate groundwater is not provided;
4. Impact to sensitive environmental areas is unknown;
5. The number and location of entrances is unknown; and
6. The impact on the flood plain by the stream crossing is unknown.
Mr. Cilimberg then summarized the addendum to the staff report which is
on file in the Clerk's office and a part of the permanent record of the Board.
Mr. Cilimberg said the applicant has submitted a conceptual development
plan and proffers in an attempt to address issues identified by staff. In
general, the plan is superior to the current lot configuration and/or further
subdivision that would result from that configuration. Development of lots,
under the proffered plan would be subject to the subdivision approval process
and issues of adequate building sites, drain fields, etc., would need to be
verified at that time. While it is desirable that the flood plain be entirely
within open space, the minimum lot size allowance of 60,000 square feet
precludes that possibility for 52 lots. Timing of the development of more
than the 39 lots, theoretically, available to the applicant has been tied to
approval of an adequate groundwater study and improvements to Routes 712 and
760. The rezoning is generally consistent with the Comprehensive Plan's
intent for the function of North Garden as a village.
Mr. Cilimberg said staff have two concerns regarding the plan and
proffers. One concern is platting of all 52 lots before undertaking the
groundwater study. It has always been a concern of staff that lots may be
created and sold to an unsuspecting person and the lots are not developable.
Staff would prefer that 39 lots be platted in Phase I and then after the
groundwater study is undertaken, the remaining lots be platted in Phase II.
The applicant has verbally indicated a willingness to amend his proffer to
address this concern. Staff is also concerned with the multiple entrances on
Route 712. For safety and traffic circulation reasons, the County has strived
to make all subdivision accesses be from internal roads. Staff would prefer
that lots 2, 3, 4, 7 and 8 be internally accessed, but the applicant is
opposed to that suggestion. The applicant does not believe he could achieve
52 lots because the flood plain would be disturbed in order to provide private
access to the internal road from those lots. Mr. Cilimberg said the Board
should take those concerns into consideration in making its decision.
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April 14, 1993 (Regular Night Meeting)
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Mr. Bowerman asked for comments from the applicant.
Mr. A. L. Yancey, representing the applicants, said the deferral time
granted by the Board on ZMA-92-13 has been productive and at many times
compromising on the part of the applicants. This deferral has produced a plan
that reduces the density from 74 lots to a maximum of 52 lots. The lot size
has changed from 40,000 square feet to 60,000 square feet. This lot size
allows for an individual well, septic, alternate septic and a house on the
site. This takes the pressure off the applicant and the County of having a
central well and the responsibilities related to that well. This decision
reduced the number of lots by 22 lots. This plan provides every lot with
access to the natural area via trails without having to access the road to get
there. Mr. Yancey said flood plain sounds like a dirty word; however, it can
be some of the most beautiful land. When river bottoms are used for common
land, it is called natural area, but when that same land is in the boundaries
of a lot, it is called flood plain. Lots 1 through 8 are beautiful lots with
an area for a building, well, septic and a river running through the natural
area below the lot. The flood plain running through these lots will be
protected by an easement on each lot.
Mr. Yancey said the applicants agreed to include some acreage in a
natural area to be used as common space. By doing this, the applicants gave
up approximately 17 acres instead of selling it for lots. In addition, the
applicants delayed development of Lots 40 through 52 until January, 1997 which
is a year longer than originally proposed, to allow for some improvements to
the roads. Mr. Yancey said the applicants submitted a proffer requiring veri-
fication of adequate ground water. The study be reviewed and approved by the
County Engineering Department. Mr. Yancey said the plan of 1980 shows eight
entrances onto Route 760. The new plan provides for one entrance onto Route
760. The plan of 1980 shows 13 entrances onto Route 712. The new plan
provides four entrances onto Route 712. The applicants met with the Virginia
Department of Transportation (VDoT) and County staff and have agreed on all
the locations for entrances onto Route 712 and Route 760.
Mr. Yancey said in summary there are two statements that stick out in
his mind from the staff's report. The first statement, "In general the plan
is superior to the current lot configuration or further subdivision that would
result from that configuration." The second statement, "The zoning as now
presented is generally consistent with the Comprehensive Plan's intention for
North Garden to function as a Village." He hopes that the Comprehensive Plan
means something positive doe North Garden. He feels this community needs
affordable housing and needs to slow down the "checkerboard" platting of lots
on the farmland and concentrate development in specific locations in order to
preserve the land. He and Mr. Clark have met every reasonable concern of the
staff and have implemented those concerns in the proffers or the plans. He
feels that they have gone beyond the concerns and made personal compromises.
There have been approximately 30 days since the last meeting to work out the
six concerns that were originally expressed and the applicants have, with
staff's help, been successful. Those opposed to the plan have had the same
amount of time to bring forward any new issues. As far as he is concerned
there have been no new issues to address.
Mr. Bowerman opened the public hearing.
Mr. John Mesinger, a resident of North Garden, said the Board should
deny ZMA-92-13. He believes a mistake was originally made in the planning for
North Garden especially with well-known problems of water retrieval and sewage
disposal. He thinks it is a mistake to plan 52 homes in this subdivision. It
is a mistake to plan homes that would be located in the flood plain. He
expressed concern about upgrading the roads and how far from the right-of-way
the houses would be located. It seems to him the homes would be at risk to
being flooded periodically. He asked if the Board really want to authorize
additional entrances onto Route 712 when that was one of the main concerns in
1980. He does not think there should be any more than one entrance onto Route
712. He agrees with his 200 or so neighbors who petitioned this rezoning to
be denied. He feels that what is allowed by-right is more than enough and to
add more would worsen the situation.
Mr. David Franzen, a resident of North Garden, said he previously spoke
to the Board in support of this application; he still is supportive. He
thinks the efforts made by the applicants to present a clearer picture of what
they intend to do is favorable. He thinks the new plan is a better product.
He thinks Mr. Mesinger concerns are premature. He thinks what Mr. Clark can
do by-right is substandard. This is a superior plan and he urges the Board to
support the rezoning.
Mr. Will Riley, a resident of North Garden, said last month he expressed
concerns about use of the flood plain, critical slopes, total number of lots,
number of locations for vehicular access and the general configuration of the
development. The preparation and proffering of the plan, by the applicants,
have answered all his questions, most of them favorably. He agrees with
staff's assessment that this plan is an improvement over the existing
subdivision plan. He also agrees that this plan is probably not an ideal or
perfect arrangement, however, it is important to draw distinction between
individual preferences and legitimate public issues of the proposal. It seems
to him the important public issues are: the degree to which the proposed
rezoning is consistent with the Comprehensive Plan; whether the additional
houses, beyond those allowed by-right, can be supplied with water without
April 14, 1993 (Regular Night Meeting) 000007
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jeopardizing the water supplies of others in the neighborhood; whether the
additional residents, beyond those allowed by-right, can be accommodated by
the nontolerable roads in the adjacent community; and whether the natural
resources which have impacts beyond the boundaries of the site are adequately
protected.
Mr. Riley said the proposal is clearly consistent with the objectives of
the Comprehensive Plan, a document which he believes the Board must take
seriously as a guide for development, even as the Board looks for ways to
improve it. The proffers address many of the issues and appear reasonable to
him. Ne thinks this rezoning request meets the fundamental criteria for
approval. He believes the proposal can be made better as it becomes more
specific through the subdivision approval process, and he believes it will
become an asset to the community. He commended the staff in hammering out
this proposal with the applicants, the applicants for making a genuine effort
to meet and answer the criticisms of the original application, and the Board
for allowing this process to move forward.
Mr. Thomas Carter, a resident of Route 710 in North Garden, said like
the vast majority of area residents who signed the petition, he is firmly
opposed to this project because it is too large. Reading the Planning staff's
recent addendum which comments on the new plan and proffers, confirms his view
that the applicants intend now to squeeze out a maximum number of units even
if it means platting lots on the flood plain and having individual driveways
front directly on Routes 760 and 712. There is still far too many lots here.
It is obvious to him that the Planning staff does not fully endorse this
proposal and he has not found a phrase in the report to suggest that the Board
should approve it. His real concern is the safety on the roads which front
this property. The applicant has now proffered to delay applying for any more
than 39 building permits before January 1, 1997. The purpose of this proffer
is to address the nontolerable road issue. He hopes the Board's visual image
has retained the image of school buses descending those steep, slippery slopes
and rounding blind curves where there is not even room for pedestrians much
less oncoming vehicles. These roads, which are hazardous with today's limited
traffic, can only be made worse when the traffic is quadrupled. In his
opinion the only responsible way to address the road issue would be for the
applicant to proffer that he will apply for no additional building permits
beyond 39 until road improvements are actually completed. Everyone knows that
the projected dates for road projects are tentative at best. He thinks that
the project should be delayed until the road improvements have actually been
completed because those improvements are needed to insure the safety of both
existing and future residents, and the children who travel on school buses
each day.
Ms. Beth Reynolds and Ms. Ann Smith presented a skit of the issues
involved with the rezoning request which are: water problems, inclusion of
this property in the growth area, increased traffic, widening and paving of
the roads, central well system, steep slopes and septic sites. In summary Ms.
Reynolds said she hopes all the issues can be addressed. She does not think
the land or the community can handle this large number of houses.
Ms. Ann Messina said she opposes the proposed development including the
new proffers. It is inconceivable to her why the Board would allow village
growth in an area where public water is not planned. She speaks from personal
experience and knows how much damage can occur to a water supply when people
think what they do to their property does not affect anybody else. If the
Board allows this density, then it needs to provide have public water. She is
concerned about quality, not quantity.
Mr. Joe Garofalo, a resident of North Garden, said he looked at the
recent development plan and proffers submitted by the applicants. At the last
meeting he showed the Board a video tape of what the area is like in a
moderate rain. He does not think the sites are large enough to accommodate a
house, well and septic field. The houses will have to be built close to the
road to prevent flooding. He asked what will happen to the houses when the
road is widened. That is an issue that needs to be considered now and not
when the project is ready to start. Mr. Garofalo said the Planning Commission
and 165 residents of North Garden does not think site is appropriate for
rezoning. Most of the people who signed the petition in opposition to the
request have lived in the area for a long period of time. He asked the Board
not to ignore the Commission and the local residents.
Ms. Paula Hoffman, a resident of North Garden and special education
teacher at Walton Middle School, said the road situation is already a
disaster. An overwhelming majority of the people do not want this rezoning to
occur. The residents are concerned about the water, environment and the
roads. The residents feel that the applicants can develop their land without
having it rezoned. She is not opposed to responsible development.
Mr. Yancey again addressed the Board and stated that one of the proffers
prevent underground no oil tanks. He added that he did not feel the group of
people present at this meeting represented the vast majority of North Garden.
There being no further comments from the public, the public hearing was
closed.
Mr. Perkins referred to the proffer concerning the lots that would not
be developed until after 1997, asked if it would not be preferable for the
April 14, 1993 (Regular Night Meeting) 000008
(Page 5)
applicants to proffer that they would not develop lots 1 through 8 until after
1997. That would answer some questions about the road and the right-of-way.
Mr. Yancey said he does not know what will happen with lots 1 through 8 until
after the site plan is approved. He could lose some of the lots. He would be
happy to meet with VDoT if there is a new issue to discuss.
Mrs. Humphris said at the public hearing held by the Planning Commission
on February 23 Mr. Kurt Gloeckner made the following comment: "You are not
going to depend on wells to support a village residential community. That
notion has to stop. It has to be surface water with a dam on a small scale.
Villages cannot survive off surface water with 44 inches of rain per year and
the terrain and clay that we have." She does not support the proposed
entrances as they are set out on the plat submitted by the applicant. She
also thinks it is important to preserve the water supply in that area.
Mrs. Humphris then offered motion to deny ZMA-92-13. The motion died
for lack of a second.
Mr. Bain asked if the Board would be setting a precedent by allowing
village residential in this area. He also asked what the effect would be
another rezoning request came along with a similar situation in the same
community. Mr. St. John said if the request is approved, he thinks a
precedent would be set that the Board is committed to allowing that area to be
a village. He does not think the Board could grant this rezoning to village
residential and then say there will be no more village residential zoning in
the area. This action would be the precedent. The Board would be
reconfirming that it wants a village in this area.
Mr. Bowerman said although the Comprehensive Plan designates this area
village residential, could the Board approve a special permit for 39 recon-
figured lots. Mr. Cilimberg said reconfiguration of lots under the special
use permit process in the rural areas was removed when the Board approved
clustering provisions in the Plan. He added that in the old area of North
Garden, there is some village residential zoning that was provided by the
County.
Mr. Bowerman said it seems to him that the village residential designa-
tion for this area might be an error without the determination of how it would
be served by public utilities. He has a difficult time accommodating the
applicant's use on this property with the requested density. Although the
Plan suggests village residential in this area, he believes the Plan is a
guide and mistakes have been made. He does not think all of the ramifications
were thought out when the Board made the decision to designate this area
village residential.
Mr. Bain said there is no doubt in his mind that this plan is much
better plan than what is allowed by-right, but if this is approved, the Board
would be committed to allowing village residential in this area, and he is
concerned because there are no public utilities available. He has a real
dilemma because he does not want to see the current plat even partially
developed. He concurs with Mr. Bowerman that the Board needs to take another
more thorough look at the North Garden area. He will support a motion to deny
the request.
Mrs. Humphris then reinstated her motion to deny ZMA-92-13. Mr. Bain
seconded the motion.
Mr. Martin said this is the first time he has seen this Board request
additional information and ask for proffers, and when the information is
provided, deny the petition on something totally different than what was
originally made to be the issues.
Mr. Bain said this has been a difficult decision for him. The roads,
ground water, etc., are important issues. He thinks the ground water study,
that was conducted, needs to be brought to the Board for discussion so the
Board can try to address the issue and make some determinations for the entire
County.
Mr. Bowerman said he did not clearly identify with the issues until this
evening. At the last meeting, there was the likelihood that if the
application plan was changed, the use could be accommodated. He is concerned
about accommodating village residential in this area. He would rather that if
the Board erred when it made this designation, that it not proceed and create
more problems by approving this request. He added that deferring a request to
another date to get additional information does not imply approval of the
application.
Mr. Perkins said North Garden was designated a village because Stony
Point was thrown out as a village because people said there was no water
there; and Ivy was built out. This designation was made because the Board was
looking for a place for village density. There is tremendous growth in the
rural areas and village residential areas are needed. He does not think
roads, sewer and water will ever get into place before the houses are built.
He can support the request. This use is designated in the Comprehensive Plan
and, if it is denied, the County could be facing another court battle.
Mr. Marshall said he thinks plan is much superior than the original
plan.
April 14, 1993 (Regular Night Meeting)
(Page 6)
000009
Mr. Martin said he cannot support the motion because of his gut feeling.
The entire Board has admitted that this plan is better than what is allowed
by-right; the Comprehensive Plan designation is for village residential; and
the County has been taken to court and lost with the same kinds of issues. He
cannot support this motion.
Roi1 then was called and the motion was denied by the following recorded
vote:
AYES: Mr. Bain, Mr. Bowerman and Mrs. Humphris.
NAYS: Messrs. Marshall, Martin and Perkins.
Mr. Marshall asked the applicant if he would proffer to not build any
more than 39 units until the road is improved. Mr. Clark responded, "yes" if
the Board would agree to improving the road. Mr. St. John said the State Code
requires that a proffer be voluntarily given and made before the matter goes
to public hearing. A proffer can be made at the meeting if it is at the
applicant's suggestion and is an amendment to a previous proffer.
Mr. Martin then offered motion to defer ZMA-92-13 until May 5, 1993.
Mr. Perkins seconded the motion.
Mr. Cilimberg asked the Board what it is looking for when this
application is deferred and what it wants addressed.
Mr. Martin said he moved to defer this because he heard some issues
being debated that he would like to consider further. If Board members do not
support the application, they should just be straightforward and say so and
deny it.
Mr. Bowerman asked if this request was denied by the Board, would it be
in the same posture as the Bargamin suit. Mr. St. John responded that he does
not think the situations are the same. The Bargamin suit was not determined
on the basis of the Comprehensive Plan's designation. In his opinion, the
Judge stated that the Plan was just a guide. The Bargamin suit was based on
the denial that the application was discrimatory because other land in the
area had been zoned to as high or higher density as the Bargamin tract. The
Court dismissed the argument that the Board has to go along with the
Comprehensive Plan.
Mr. Perkins asked if the Board members who voted to deny the request
could identify anything to the applicants that they could come back with that
would make the request acceptable.
Mr. Bowerman said he thinks he could support something with lesser than
39 lots.
Mrs. Humphris said she agrees that new issues are being raised, but
these issues were discussed before. She feels there should be no more than 39
lots and that is the reason she made the motion to deny the application. The
applicants have the right to development 39 lots and she thinks they should
stick to that and develop a good plan. She then said she needs to understand
why this request is being deferred. There is no clear direction of what the
Board wants.
Mr. Martin said the reason for deferral is to allow the applicants,
staff and Board members to come up with an acceptable plan.
Roll was called and the motion was denied by the following recorded
vote:
AYES: Messrs Marshall, Martin and Perkins
NAYS: Mr. Bain, Mr. Bowerman and Mrs. Humphris.
Mr. Perkins then offered motion to approve ZMA-92-13 subject to the
proffers submitted by the applicant. Mr. Marshall seconded the motion.
Roll was called and the motion was dgnied by the following recorded
vote:
AYES:
NAYS:
NAYS:
Messrs. Marshall, Martin and Perkins
Mr. Bain, Mr. Bowerman and Mrs. Humphris.
None.
The Chairman then announced that ZMA-92-13 was denied for lack of a
motion.
Agenda Item No. 7. Public Hearing on an ordinance to amend and reenact
Chapter 2.1, Agricultural & Forestal Districts of the Code of Albemarle, by
the following:
...An addition to section 2.1-4(q), Sugar Hollow Agricultural/Forestal
District; Twenty parcels totalling 1519.396 ac on N & S sds of Rt 614 at Sugar
Hollow; E & W sds of Rt 810 at Rt 811.
...An addition to section 2.1-4(f), Kinloch Agricultural/Forestal
District; Three parcels totalling 34.173 ac on E sd of Rt 231 near Cismont.
...An addition to section 2.1-4(g), Moormans River Agricultural/Forestal
District. Two parcels totalling 156.953 ac on E sd of Rt 671 near Millington.
April 14, 1993 (Regular Night Meeting)
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O000:tO
...Withdrawal of property from section 2.1-4(n), Ivy Creek Agricultural/
Forestal District: One parcel of 55.17 ac on N sd of Barracks Rd (Rt 654).
(Advertised in the Daily Progress on March 30 and April 6, 1993).
(Mr. Bowerman left the meeting at 8:34 p.m. Mr. Bain assumed the posi-
tion of Chairman.) Mr. Cilimberg summarized the staff report on the addition
to the Sugar Hollow Agricultural/Forestal District, which is on file in the
Clerk's office and a part of the permanent record of the Board. The proposed
addition is located on the north and south sides of Route 614 (Sugar Hollow
Road) and also on the east and west sides of Route 810 (White Hall Road) at
Route 811 (Jones Mill Road/Bearwood Road). Mr. Cilimberg noted that an addi-
tional application was received after the Planning Commission took action.
The State Code allows the Board to include the additional application in the
request. The total proposed addition contains 1,524.316 acres in 21 parcels.
The existing district contains 3,269.69 acres.
Mr. Cilimberg said staff recommended approval of the addition as pro-
posed. The Advisory Committee, at its meeting on March 1, 1993 unanimously
recommended approval of the addition as proposed. In addition, the Planning
Commission, at its meeting on March 16, 1993, unanimously recommended
approval.
Mr. Bain opened the public hearing.
Ms. Sherry Buttrick said she was in support of the application.
There being no other comments from the public, the public hearing was
closed.
Motion was offered by Mr. Perkins, seconded by Mr. Martin, to adopt an
ordinance to amend and reenact Chapter 2.1, Agricultural & Forestal Districts
of the Code of Albemarle, Section 2.1-4(q), Sugar Hollow Agricultural/Forestal
District by the addition of 21 parcels totalling 1524.316 acres. (The adopted
ordinance is set out below.) Roll was called and the motion carried by the
following recorded vote:
AYES:
NAYS:
ABSENT:
Messrs. Marshall, Martin, Perkins and Bain, Mrs. Humphris.
None.
Mr. Bowerman.
Mr. Cilimberg summarized the staff report on the addition to the Kinloch
Agricultural/Forestal District, which is on file in the Clerk's office and a
part of the permanent record of the Board. The proposed addition is located
on the east side of Route 231 (Gordonsville Road) near Cismont. The proposed
addition contains 34.173 acres in three parcels. The existing district
contains 1,650 acres.
Mr. Cilimberg said staff recommended approval of the addition as pro-
posed. The Advisory Committee, at its meeting on March 1, 1993 unanimously
recommended approval of the addition as proposed. In addition, the Planning
Commission, at its meeting on March 16, 1993, unanimously recommended
approval.
Mr. Bain opened the public hearing. There being no comments from the
public, the public hearing was closed.
Motion was offered by Mr. Martin, seconded by Mr. Marshall, to adopt an
ordinance to amend and reenact Chapter 2.1, Agricultural & Forestal Districts
of the Code of Albemarle, Section 2.1-4(f), Kinloch Agricultural/Forestal
District by the addition of three parcels totalling 34.173 acres. (The
adopted ordinance is set out below.) Roll was called and the motion carried
by the following recorded vote:
AYES: Messrs. Marshall, Martin, Perkins and Bain, Mrs. Humphris.
NAYS: None.
ABSENT: Mr. Bowerman.
Mr. Cilimberg summarized the staff report on the addition to the Moor-
mans River Agricultural/Forestal District, which is on file in the Clerk's
office and a part of the permanent record of the Board. The proposed addition
is located on the east side of Route 671 (Ballard's Mill Road) near Milling-
ton, and on the west side of Route 601 near Route 676. Additional acreage was
received after the Planning Commission meeting. The total proposed addition
contains 170.453 acres in five parcels. The existing district contains
10,922.14 acres.
Mr. Cilimberg said staff recommended approval of the addition as pro-
posed. The Advisory Committee, at its meeting on March 1, 1993 unanimously
recommended approval of the addition as proposed. In addition, the Planning
Commission, at its meeting on March 16, 1993, unanimously recommended
approval.
Mr. Bain opened the public hearing.
Ms. Sherry Buttrick said she has been an advocate agricultural and
forestal districts for many years. She is glad that she and her husband have
April 14, 1993 (Regular Night Meeting) 000011
(Page 8)
some land that they can include in the district. She hopes the Board will
look on this application favorably. She then added that the fee to join an
agricultural/forestal district is $150. That fee is too high. The fee should
be "0". Voluntary land conservation is cost-efficient. She asked the Board
to consider amending that fee.
There being no other comments from the public, the public hearing was
closed.
Motion was offered by Mrs. Humphris, seconded by Mr. Martin, to adopt an
ordinance to amend and reenact Chapter 2.1, Agricultural & Forestal Districts
of the Code of Albemarle, Section 2.1-4(g), Moormans River Agricultural/
Forestal District by the addition of 170.453 parcels totalling five acres.
(The adopted ordinance is set out below.) Roll was called and the motion
carried by the following recorded vote:
AYES: Messrs. Marshall, Martin, Perkins and Bain, Mrs. Humphris.
NAYS: None.
ABSENT: Mr. Bowerman.
Mr. Cilimberg summarized the staff report on withdrawal of property from
the Ivy Creek Agricultural/Forestal District, which is on file in the Clerk's
office and a permanent part of the record. Mr. Cilimberg said by-right with-
drawal from a district is permitted during the time the district is reviewed
or upon the death of a property owner. Other requests for withdrawal are
subject to approval by the Board of Supervisors, and are reviewed under a
withdrawal policy established in 1987 by the Board of Supervisors.
Mr. Cilimberg said the parcel proposed for withdrawal is located on the
north side of Route 654 (Barracks Road) near Montvue Subdivision. The parcel
contains 55.17 acres. The existing district contains 578 acres.
Mr. Cilimberg said the applicant's request, dated January 29, 1993, is
related to the proposed Route 29 Bypass. The proposed route (Alternative 10)
for the western bypass of Route 29 was altered due to the location of the Ivy
Creek District. The current alignment (blue route) is proposed to take ten
dwellings in Montvue Subdivision. The alignment through the Kalergis property
(orange route) will take six Montvue houses and the Kalergis house. Both
routes would affect the subdivision by their proximity. Mr. Cilimberg said
while there is the concern that a precedent could be set, a justification is
possible in this case to approve a withdrawal.
Mr. Cilimber9 said staff recommended approval of the withdrawal request.
The Advisory Committee, at its meeting on March 1, 1993 unanimously recom-
mended approval of the withdrawal request. In addition, the Planning Commis-
sion, at its meeting on March 16 1993, unanimously recommended approval. (Mr.
Martin left the meeting at 8:44 p.m.)
Mr. Bain opened the public hearing.
Mr. Robert Stark, a resident of 204 Montvue Drive, said this withdrawal
request is directly related to the Route 29 bypass. The residents realize
that the Board can influence the route the bypass will take. Removal of this
agricultural/forestal designation from the Kalergis property is a step in the
right direction. Removal of this property from the district reduces the
number of Mont~ue homes destroyed from ten to six. Mr. Stark said he and his
wife recommend Board approval of this request. He also would suggest that the
Board couple this action with steps to change the designation of the Haffner
Farms historical property. He has read the findings of the Department of
Historic Resources, and found their reasoning devoid of substance. A farm-
house built in 1939 hardly qualifies as a depression era farm. The route
which passes through the Haffner cow pasture and the Kalergis property would
take one Montvue home and would save more than $2.5 million. He recognize
that $2.5 million is a small amount of money in the whole scheme, but it is a
beginning.
Mr. James Rovynak, President of the Montvue Citizens Association,
presented a statement from one of the residents indicating his support for
this request as a means to increase flexibility and options for the Highway
Department in designing the Alternative 10 bypass. Mr. Rovynak said removal
of the Kalergis' property from the Ivy Creek Agricultural/Forestal District
will allow VDoT time to place greater emphasis on engineering, economic
factors and reduce its destructive impact. Mr. Rovynak said the agricultural/
forestal district designation forces VDoT to follow an unnatural curve through
Montvue. Removal of this designation would diminish the impact. There is a
cloud of uncertainty over Montvue due to the fact that in various working
plans VDoT has drawn either three or four lines through Montvue. The lines
have literally gone from one end of Montvue to the other end. Approval of the
Kalergis' request would be a step in the direction of removing some of this
uncertainty and give VDoT a chance move forward with the process, set a center
line with some finality and the neighborhood can return to some degree of
normalcy.
Mr. David Kalergis, the applicant, said this request does not diminish
their support for the concept of agricultural/forestal districts. He and his
wife think it is a fine concept and if circumstances were otherwise, they
would remain in the district. The proposed highway has put a situation in
April 14, 1993 (Regular Night Meeting) 000012
(Page 9)
front of them they never anticipated when they purchased the property. He and
his wife have lived under tremendous uncertainty. Mr. Kalergis said when they
joined the agricultural/forestal district, it was never their intent to
reroute the highway to the detriment of others. He thinks that overall this
action would be in everyone's best interest. He asked the Board to approve
the request.
There being no other comments from the public, the public hearing was
closed. (Mr. Martin returned to the meeting at 8:50 p.m.)
Motion was offered by Mrs. Humphris, seconded by Mr. Marshall, to adopt
an ordinance to amend and reenact Chapter 2.1, Agricultural & Forestal
Districts of the Code of Albemarle, Section 2.1-4(n), Ivy Creek Agricultu-
ral/Forestal District to accept withdrawal of a parcel from the Ivy Creek
Agricultural/Forestal District. (The adopted ordinance is set out below.)
Roll was called and the motion carried by the following recorded vote:
AYES: Messrs. Marshall, Martin, Perkins and Bain, Mrs. Humphris.
NAYS: None.
ABSENT: Mr. Bowerman.
An Ordinance to Amend and Reenact
Certain Sections in Chapter 2.1
of the Code of Albemarle relating to
Agricultural/Forestal Districts
BE IT ORDAINED by the Board of County Supervisors of the
County of Albemarle, Virginia, that Section 2.1-4 of the Code of
Albemarle, Agricultural/Forestal Districts, is hereby amended and
reenacted in subsections (f), (g) and (q) by the addition of
parcels thereto, and in subsection (n) by withdrawal of a parcel
therefrom, all as follows:
Sec. 2.1-4. Districts described.
(f) The district known as the "Kinloch Agricultural and
Forestal District" consists of the following described properties:
Tax map 65, parcels 7, 7A, 8, 84A, 86, 89, 90, 91, 9lA, 92, 93,
93A (part), 94, 94A, 100, 121, 12lA; tax map 66, parcels 2, 3A
(part), 3C, 32, 32D, 34 (Albemarle part only), 34B.
(g) The district known as the "Moorman's River Agricul-
tural and Forestal District" consists of the following described
properties: Tax map 27, parcels 32, 40, 40A, 42; tax map 28,
parcels 2, 2A, 3, 4, 5, 6, 6A, 7Al, 8, 11, 12A, 17A, 17C, 18, 23B,
32B, 32C, 32D, 34, 34A, 34B, 35, 35B, 37, 37A, 37B, 37C, 37D, 38;
tax map 29, parcels 2C, 7B, 8, 8B, 8E, 8H, 8J, 8K, 9, 10, 15C,
40B, 40C, 40D, 49C, 50, 54A, 61, 62, 63, 63A, 63D, 67, 67C, 69D,
69F, 70A, 70B, 70C, 70F, 70G, 70H, 70H1, 70K, 70L, 70M, 71, 7lA,
73B, 74A, 76, 77, 78, 79, 79A1, 79A2, 79B, 79C, 79D, 79D1, 80, 84;
tax map 30, parcels 10, 10A, 12, 17A, 18E; tax map 41, parcels 15,
17C, 18, 37D1, 41, 41C, 41H, 44, 50, 67, 67B, 68, 70, 72, 72B,
72C, 89; tax map 42, parcels 5, 6, 6B, 8, 8A, 8C, 10, 10A, 10D,
25C, 25C1, 37F, 37J, 38, 40, 40C, 40D, 40D1, 40G, 40H, 40H2, 41,
42B, 43, 43A, 44, 53 (part), 58; tax map 43, parcels 1, lB, 2, 2A,
3, 3A, 3C, 3D, 4C, 4D, 5, SA, 9, 10, 16B, 17, 18, 18A, 18C, 18E4,
18F, 18G, 18J, 19I, 19N, 19P, 20A, 20B, 20C, 21, 2lA, 23A, 23D,
24, 25A, 25B, 25E, 30, 30A, 30B, 30D, 30G, 30H, 30M, 32H, 33, 33D,
34, 41, 42, 43, 45, 45A, 45C, 45D, 58; tax map 44, parcels 1, 2,
24, 25, 26, 26A, 26C, 27B, 27C, 28, 29, 29A, 29D, 30, 30A, 30B,
31, 3lA, 31Al, 31D, 31F, 31G, 32G, 32G1; tax map 59, parcels 30,
30C, 32, 32A, 34, 35, 82A.
(n) The district known as the "Ivy Creek Agricultural and
Forestal District" consists of the following described properties;
Tax map 44, parcels 20, 20A, 20B, 20C, 20D, 20E, 20F, 20G, 21,
21D, 34C (part), 35, 35A; tax map 45, parcels 3C, 5F, 5F4, 7A.
(q) The district known as the "Sugar Hollow Agricultural
and Forestal District: consists of the following described proper-
ties: Tax map 25, parcels llC, 12, 13, 14, 14A, 14C, 18, 21, 2lA,
24, 25, 26, 27, 28; tax map 26, parcels 5A, 9, 10, 10B, 10D, 10F,
19, 40B, 40C, 4lA, 44, 52, 52D; tax map 27, parcels 8, 26; tax map
39, parcels 2, 2A, 3, 4, 14, 15, 25, 25A; tax map 40, parcels 1, 9
(part), 9C, 10 (part); 10 (part, Parcel A); 10 (part, Parcel B),
10A, 22, 22A, 27A, 49.
Agenda Item No. 8. SP-93-06. Thomas Cato, Inc. (applicant); Greenbrier
Square Limited Partnership (owner). Public Hearing on a request to amend
SP-91-43 to allow food & alcohol sales at a billiard center. Property in
Greenbrier Square which is on N side of Greenbrier Dr W of Rt 29 N. TM61W,
P5,Secl,Blk A. Property zoned HC (proffered) is in Neighborhood 1 and is
recommended for Community Service in the Comprehensive Plan. Charlottesville
Dist. (Advertised in the Daily Progress on March 30 and April 6, 1993.)
April 14, 1993 (Regular Night Meeting)
(Page 10)
O00O1;3
Mr. Cilimberg summarized the staff report which is on file in the
Clerk's office and a part of the permanent record of the Board. (Mr. Bowerman
returned to the meeting at 8:52 p.m.) Mr. Cilimberg said the applicant seeks
to amend condition #2 of SP-91-43 to permit the sale of alcohol. The appli-
cant currently operates a billiard center. A snack bar was proposed during
the review of SP-91-43 but has not been established.
Mr. Cilimberg said the special use permit for the billiard center was
approved by the Board of Supervisors with a condition stating "No alcoholic
beverages shall be permitted". The staff report for SP-91-43 contained a
statement addressing alcohol sales, "In an effort to reduce any potential
negative factors that a use of this type could generate, the applicant has
stated that alcohol will not be served."
Staff opinion is that the proposed use is consistent with the nearby
land uses. Should the Planning Commission and Board of Supervisors choose to
approve this petition, staff offers the following recommended conditions of
approval:
"1. Use shall be limited to 380 Greenbrier Drive;
~c -~--~ ~ .......... ~ ~ ..... ~-~ The sale of alco-
hol shall require reapproval two years after the date of
Board of Supervisors approval of this permit;
3. Hours of operation shall be limited to:
Monday - Thursday
Friday - Saturday
Sunday
10:00 a.m. to 12 midnight
10:00 a.m. to 2:00 a.m.
12 noon to 10:00 p.m.
4. Cooperative parkinq is permitted pursuant to Section 4.12 4."
Mr. Cilimberg said the Planning Commission, at its meeting on March 16,
1993, by a vote of 4-2-1, recommended approval of SP-93-06 subject to the
conditions recommended by staff.
Mr. Jim Cato, Co-owner of the billiard center, said one of the reasons
he wish to have this restriction removed is to allow them the ability to
request a license to sell beer from the Alcohol and Beverage Control Board.
This center has been open for more than a year and there have been no real
disturbances or problems during that time. It is the owners intent to
maintain a clean-cut and wholesome atmosphere.
There being no other comments, the public hearing was closed.
Mr. Bowerman said he was not present at the meeting when this request
originally came before the Board in November, 1991. At that time he expressed
to the Chairman he had no problem with the application because it did not
require the sale of alcohol as part of the use. Under those circumstances he
would have supported the application. That remains his position today. He
does not think it is necessary to have alcoholic beverage sales with this use.
He will not support the request. The business has been successful for a year.
Mrs. Humphris said in the discussion at the first meeting, the Board was
told one of the great benefits of the business was that it would be family
entertainment and the applicants wanted to attract a lot of young people. The
grand idea was that no alcoholic beverages were going to be served. She
cannot imagine publicizing a place as having a good family atmosphere where
alcohol is going to be served and young people invited to participate. She
will not support the request.
Motion was offered by Mrs. Humphris, seconded by Mr. Marshall, to deny
SP-93-06. Roll was called and the motion carried by the following recorded
vote:
AYES: Messrs. Marshall, Martin, Perkins, Bain and Bowerman, Mrs. Humphris.
NAYS: None.
Agenda Item No. 9. SP-93-04. Gordon Zimmerman, Jr. (applicant);
Raymond Spradlin (owner). Public Hearing on a request for a church on 6.3 ac
zoned RA. Property on W side of Jefferson's Mill Rd (Rt 618) approx 2.1 mi S
of Rolling Rd. TMll5,PllE. Scottsville Dist. (Advertised in the Daily
Progress on March 30 and April 6, 1993.)
Mr. Cilimberg summarized the staff report which is on file in the
Clerk's office and a part of the permanent record of the Board. The applicant
proposes to construct a church of approximately 32 by 60 feet to provide
approximately 150 seats. Day care will not be provided. Sunday School will
be provided in the basement.
Staff opinion is that the use will not adversely impact traffic in the
area; the proposed church is of a rural scale; and it will not adversely
impact adjacent property. Staff opinion is that this request is consistent
with Section 31.2.4.1 of the Zoning Ordinance and, therefore, staff recommends
approval subject to the following conditions:
April 14, 1993 (Regular Night Meeting)
(Page 11)
0000:14
"1. Administrative approval of site plan;
This permit is for worship related activities only. Any
future or expanded uses, including day care, shall require
an additional special use permit;
Seating capacity shall not exceed a maximum of 150 people or
such lesser number as determined by the adequacy of the
septic system."
Mr. Cilimberg said the Planning Commission, at its meeting on March 16,
1993, unanimously recommended approval SP-93-04 subject to the conditions
recommended by staff.
The Chairman asked the applicant for comments. Mr. Gordon Zimmerman,
Jr., Pastor of the church, said this church is for a small group of people who
have gotten together and need a place to worship. Presently there are 39
members. This building will seat approximately 150 people. The majority of
the people attending are within an eight mile radius. He would appreciate the
Board support.
Mr. Bowerman then opened the hearing for public comments. There were no
comments, so the public hearing was closed.
Motion was offered by Mr. Marshall, seconded by Mrs. Humphris, to
approve SP-93-04 subject to the conditions recommended by the Planning Commis-
sion. Roll was called and the motion carried by the following recorded vote:
AYES: Messrs. Marshall, Martin, Perkins, Bain and Bowerman, Mrs. Humphris.
NAYS: None.
(The conditions of approval are set out in full below:)
1. Administrative approval of site plan;
This permit is for worship related activities only. Any
future or expanded uses, including day care, shall require
an additional special use permit; and
3 o
Seating capacity shall not exceed a maximum of 150 people or
such lesser number as determined by the adequacy of the
septic system.
Agenda Item No. 10. SP-93-05. University of Virginia Real Estate
Foundation. Public Hearing on a request to construct a telephone substation
on 53.5 ac zoned CO with access from Rt 782. Property on S side of Fontaine
Ave approx 0.3 mi E of the Rt 29/250 Bypass. TM76,P17B&17B1. Samuel Miller
Dist. (Advertised in the Daily Progress on March 30 and April 6, 1993.)
Mr. Cilimberg summarized the staff report which is on file in the
Clerk's office and a part of the permanent record of the Board. The applicant
is seeking this special use permit to allow for the installation of an
unmanned Centel telephone substation. The building will be similar to the
existing Centel telephone substation located in Forest Lakes.
Staff opinion is that the proposed use will have minimal impact due to
low traffic volume, distance to residential, development and small building
size (approximately 25 by 32 ). Staff recommends approval subject to the
following conditions:
"1. Staff approval of site plan to include landscape plan;
2. Restroom facilities shall be connected to public utilities;
Ail equipment, maintenance gear, and the like to be
stored within the building. No outside storage of any
kind shall be permitted;
Structure shall be similar in design to the existing
Centel Substation located in Forest Lakes, and shall
be located approximately as shown on the attached
sketch initialled WDF dated 3/2/93."
Mr. Cilimberg said the Planning Commission, at its meeting on March 16,
1993, by a vote of 6-0-1, recommended approval of SP-93-05 subject to the
conditions recommended by staff.
The Chairman asked the applicant for comments. Mr. Rick Worcester of
McKee/Carson, the landscape architect, said he is present to answer any
questions Board members may have.
Mro Bowerman then opened the public hearing. There being no comments,
the public hearing was closed.
Motion was offered by Mr. Bain, seconded by Mrs. Humphris, to approve
SP-93-05 subject to the conditions recommended by the Planning Commission.
Roll was called and the motion carried by the following recorded vote:
April 14, 1993 (Regular Night Meeting)
(Page 12)
AYES:
NAYS:
000015
Messrs. Marshall, Martin, Perkins, Bain and Bowerman, Mrs. Humphris.
None.
(The conditions of approval are set out in full below:)
1. Staff approval of site plan to include landscape plan;
2. Restroom facilities shall be connected to public utilities;
3. All equipment, maintenance gear, and the like, to be stored within
the building. No outside storage of any kind shall be permitted;
and
4. Structure shall be similar in design to the existing Centel
substation located in Forest Lakes, and shall be located approxi-
mately as shown on sketch initialled WDF dated 3/2/93 (copy
attached).
(The Chairman called a recess at 9:05 p.m. The meeting reconvened at
9:19 p.m.)
Agenda Item No. 11. SP-93-07. 1781 Productions (applicant); William
Burrus, Jr. (owner). Public Hearing on a request to establish an outdoor
theater of approx 2000 seats on 100 ac zoned RA. Property on S sd of Rt 250 E
approx 0.5 mi W of Black Cat Rd (Rt 616). TM94,P21(part) & P25(part) .
Rivanna Dist. (Advertised in the Daily Progress on March 30 and April 6,
1993.)
Mr. Cilimberg summarized the staff report which is on file in the
Clerk's office and a part of the permanent record of the Board. The proposed
theater site is wooded and utilizes existing slopes for the seating area. An
intermittent stream is located near the proposed stage location. The proposed
parking area is currently pasture. The adjacent property to the west is pas-
ture with one dwelling. Residential subdivisions are located approximately
0.5 miles to the southeast and one mile to the northeast of the proposed
theater site. Other dwellings are located closer than these subdivisions.
The nearest dwelling to the theater site is located approximately 1200 feet
(0.23 miles) to the southeast. The proposed theater site is not visible from
adjacent property or the public road. The parking area will be visible from
adjacent property to the west and from Route 250.
The applicant proposes to operate an outdoor theater depicting area
historical events during the warm months of the year. The theater will
accommodate approximately 2000 people. Approximately 350 parking spaces
(including parking for buses and recreational vehicles) are proposed.
Mr. Cilimberg next identified the factors that are favorable and unfa-
vorable to the request. Staff opinion is that the positive factors overcome
the potential negative impacts of this use and, therefore, staff is able to
support SP-93-07 subject to the following conditions:
"1. Development shall be in general accord with sketch dated
March 4, 1993 and initialled WDF;
Site plan shall not be processed until Health Department
approval for potable water service and sewage disposal
system has been obtained;
Lights used to illuminate parking areas shall be arranged or
shielded to reflect light away from adjoining rural areas
and away from adjacent streets. Lighting spillover onto
public roads and properties zoned rural areas shall not
exceed one-half (1/2) foot candle. Prior to final plan
approval, a lighting plan shall be reviewed and approved by
the Planning Department and Architectural Review Board (ARB)
which shall include methods for directing light downward;
4 o
Productions shall not be scheduled to extend after midnight.
(Productions after midnight, shall be permitted due to delays
beyond the applicant's control such as, but not limited to,
rain or lighting);
5 o
Approval of this request shall not be deemed to include uses
such as craft shows, dog shows, music festivals and film
exhibitions unrelated to the drama production;
Methods for controlling on-site circulation shall include
manpower assistance or such other methods as may be approved
by the Planning Department;
7. Music shall be live and unamplified;
8. Staff approval of site plan;
Access shall be only from Route 250 and shall include left
and right turn lanes on Route 250 to serve the site; and
April 14, 1993 (Regular Night Me~ting)
(Page 13)
oooo .¢;
10.
Construction of a 200 by 200 foot left turn and taper lane on
Route 250 to serve traffic travelling north on Black Cat Road
(Route 616)."
Mr. Cilimberg said the Planning Commission, at its meeting on March 23,
1993, by a vote of 4/2/1 recommended approval of SP-92-07 subject to
conditions 1 through 4, 8 and 9 as recommended by staff, the deletion of
conditions #10, and conditions ~5 and ~7 amended as follows:
"5. This permit is for an outdoor drama theater only. There
shall be no accessory or subordinate uses;
7 o
Provisions of Section 4.14.1 are applicable. Verification
to include submission of a certified engineer's report for
the acoustics of the sound system and amplification in
accord with Section 4.14.8 which shall be required at the
time of site plan submittal;"
Mr. Cilimberg said staff has reviewed all the conditions for purposes of
clarity and enforceability and, therefore, recommends revisions to the condi-
tions in that regard. The revisions does not change the intent of the condi-
tion. Staff also reviewed issues discussed by the Planning Commission that
were not included in the conditions. If the Board decides to include condi-
tions addressing those issues, recommended language is included. Below are
staff's comments on the conditions contained in the Planning Commission's
March 23, 1993 action:
"1. Development shall be in general accord with sketch dated
March 4, 1993 and initialled WDF;
No revisions are proposed.
Site plan shall not be processed until Health Department
approval for potable water service and sewage disposal
system has been obtained;
Staff has contacted the Health Department in order to
clarify what constitutes approval. Based on those discus-
sions, staff recommends that the condition be amended to add
the following: 'Approval shall be of the water system design
and the septic system design, including suitable soil evalua-
tion and percolation test.'
Lights used to illuminate parking areas shall be arranged or
shielded to reflect light away from adjoining rural areas and
away from adjacent streets. Lighting spillover onto public
roads and properties zoned rural areas shall not exceed one-
half (1/2) foot candle. Prior to final plan approval a
lighting plan shall be reviewed and approved by the Planning
Department and Architectural Review Board (ARB) which shall
include methods for directing light downward;
Lighting for this use is most appropriately addressed by the
Architectural Review Board. Staff recon~nends that reference
to Planning Department approval be deleted.
Productions shall not be scheduled to extend after midnight.
(Productions after midnight shall be permitted due to delays
beyond the applicant's control such as, but not limited to,
rain or lightning);
In the public hearing, the applicant stated that productions
are normally scheduled to end at 10:30 p.m. The Planning
Commission discussed operation time impacts, but did not
include changes in their recommendations. Should the Board
of Supervisors wish to reduce such impacts, staff would
recommend the following language as condition 4: 'Produc-
tions shall not be scheduled to take place after 10:30 p.m.
Productions shall only be permitted after 10:30 p.m. due to
delays beyond the applicant's control such as, but not
limited to, rain or lightning. In no case shall production
extend after midnight.'
This permit is for an outdoor drama theater only. There
shall be no accessory or subordinate uses;
No revisions are proposed.
Methods for controlling on-site circulation shall include
manpower assistance or such other methods as may approved by
the Planning Department;
No revisions are proposed.
7. Provisions of paragraph 4.14.1 are applicable;
Staff recommends changing 'paragraph' to 'Section' and the
April 14, 1993 (Regular Night Meeting)
(Page 14)
0000 7
addition of the following language: 'Verification to include
submission of a certified engineer's report for the acoustics
of the sound system and amplification in accord with Section
4.14.8 which shall be required at the time of site plan
submittal.' This will enable the sizing of sound equipment
to ensure compliance with Section 4.14.1. A study will set
the sound levels at the speaker locations, enabling the
testing of sound levels at the sound source as opposed to the
property line where sound not produced by the theater could
interfere with the measurements.
8. Staff approval of site plan;
No revisions are proposed.
Access shall be only from Route 250 and shall include left
and right turn lanes on Route 250 to serve the site.
NO revisions are proposed.
Mr. Cilimberg said the Commission also discussed the condition origi-
nally recommended by staff regarding a turn lane on Route 250 for left turns
onto Route 616. The Commission did not recommend this condition based on
VDoT's initial comments, but agreed that if it was justified as a safety need
by VDoT, such a condition would be appropriate. Staff contacted VDoT regard-
ing their initial comments about the need the left turn and VDoT indicated
that the need for the turn lane was occasioned by the theater. The provision
of a left turn and taper lane would limit the increased accident potential at
the intersection. Staff concurs with VDoT's comments. Should the Board wish
to include a condition requiring the turn lane based on these VDoT comments,
staff offers the following:
"10.
Construction of a 200 by 200 foot left turn and taper lane
on Route 250 to serve traffic turning left and travelling
north on Route 616."
Mr. Cilimberg said, in addition, should the Board wish to include
conditions addressing impact of times of operation and a left turn lane on
Route 250, staff offers the following:
it i.
Replace condition 4 with the following: 'Productions shall
not be scheduled to take place after 10:30 p.m. Productions
shall only be permitted after 10:30 p.m. due to delays
beyond the applicant's control such as, but not limited to,
rain or lightning. In no case shall production extend after
midnight.'
Add condition 10: 'Construction of a 200 by 200 foot left
turn and taper lane on Route 250 to serve traffic turning
left and travelling north on Route 616.'
Mr. Martin asked how much cutting of trees would take place. Mr.
Cilimberg did not know, but he thought most of the cutting was off site.
Mr. Bowerman asked the applicant for comments.
Mr. Charles McRaven, one of the applicants, who is also a writer,
historian and small contractor, said this project will be a successful
venture. This project has been thoroughly researched for three years. Mr.
McRaven said an exhaustive feasibility study that required seven months was
done. There are 92 of these type dramas around the country. There are 50
more in the planning stage in the United States. There no other drama theater
of this magnitude in Virginia. There are some theaters in North Carolina,
Ohio and West Virginia.
Mr. McRaven said they tried to establish this theater through an
existing organization, such as Piedmont Virginia Community College or Ash
Lawn, but it did not work out. They tried to find a location zoned commercial
but that also did not work out because of sound requirements and the fact that
a rural location was needed. Last year when the zoning text amendment was
approved, this Board knew that the amendment was for this purpose. The
applicants looked at a site in Milton last Fall but withdrew the application
before it reached the Board because of all the concerns raised. They looked
at more than 100 sites in an attempt to find the best site.
Mr. McRaven said last year the Board decided this was a compatible use
for rural land. The approved zoning text amendment allows them to pursue a
suitable site in the rural areas given certain circumstances. The issue is
now whether this is the right site. The applicants think this is the right
site. The Institute of Outdoor Drama Study Team thinks this is the best site.
The Planning staff thinks this is the right site. The Planning Commission
thinks this is the right site. This is the most approvable site they have
been able to find in the County. Very few places in the County would meet
VDoT's requirements for access which was a problem with many of the other
sites. This site located directly off Route 250 is accessible. This site is
also in the middle of 500 heavily wooded, uninhabited acres. The applicants
are purchasing 100 acres to insure adequate buffering. After nearly two years
of research and consultation with 40 other managers of outdoor dramas and
April 14, 1993 (Regular Night Meeting) 0000~'~
(Page 15)
extensive feasibility studies, he knows what kind of site is need, and it is
up to this Board to decide if he can proceed on this site.
Mr. McRaven said they listened to the concerns expressed during the
public hearing last year on the zoning text amendment and have taken those
concerns into consideration. He then addressed the following concerns that
have been raised: noise, lighting, utilities, land value and taxes, what
happens if the operation fails, traffic and qualifications of the applicants
to operate the theater. They will comply with all County requirements relat-
ing to noise. The site is in a deep wooded hollow, one-quarter of a mile from
the nearest house. Lighting will be focused downward on the site. Contrary
to the staff report, they have measured the parking area and know that it does
not have to be visible and can be situated below the last ridge. The parking
area will not be visible to adjacent dwellings. The lighting for the parking
area will be shielded and low level. Utilities have been predrilled. There
is plenty of water and good septic sites. In no instances could they find in
their research that land values were decreased or taxes increased due to an
outdoor drama. The success rate of outdoor dramas is 80 percent. The 20
percent that fail generally fail within the first five years and fail because
they do not follow the guidelines of the Institute. When these guidelines are
followed, there is virtually no failure. The guidelines consist of a lot of
good, common sense things. The Institute insists that they have all the money
to purchase the land, build the theater and run through the entire first year
without touching income. Traffic is a major item; 11,000 cars per day use
Route 250 and Route 660. Mr. McRaven pointed out on a conceptual plan the
site, proposed location, roads, etc. The roads into the property will be
paved. They will not use Route 616 at all for access. They will contribute
approximately two percent for improvements to the intersection. Mr. McRaven
said he will proffer that if after the theater is in operation and VDoT deter-
mines that the theater has significantly contributed to the traffic, he will
pay a proportionate share of the improvements necessary for the intersection.
They intend to bring in expert help to manage the theater. There is a lot of
talent in the County; anything they need can be found here.
Mr. McRaven said he is extremely concerned about the recommended condi-
tions. All ten conditions could cripple this project's chances for success.
He has no problem with the first three conditions. Staff originally stated
that if the production was delayed, they would be able to continue past
midnight. Now in no case can the production run past midnight. He thinks
that condition needs clarification. In condition #5 the original recommen-
dation allowed "unrelated" uses. Somehow "unrelated" got dropped from the
language. If they are going to have people there for three hours, they would
like to sell them soft drinks. They will not allow alcohol on the premises.
He has no problem with condition #6. Regarding condition ~7, he is still
somewhat confused about the sound requirements. He was provided a copy of the
industrial sound regulations which has so many interpretations that he cannot
follow them. If there is a problem with sound when the theater is in opera-
tion, he will take whatever steps are necessary to correct the problem. He
also would proffer that if there is a problem, he would direct sound barrier
fences in that location. It is difficult to monitor and enforce sound, so he
would like the condition clarified. He has no problem with conditions #8 and
#9. If a left turn lane is a requirement, he thinks the applicants should be
responsible for a percentage of the cost based on the number of cars, not the
total cost.
Mr. McRaven said should the Board approve this request, he asks that it
closely consider the conditions. He hopes that the Board not make the use too
restrictive. This theater will bring in approximately $20 million a year to
the area. He is quite sure that enough work and publicity has occurred with
this project that if the Board does not approve the request, an adjoining
county would welcome it. They have been approached by five other counties.
In summary, he said the Board needs to think about how much influence it will
allow an adjacent property owner to have on another persons' property. He
then introduced Dr. Richard Talman who could provide the Board with informa-
tion on the projections.
Dr. Talman said he recently jointed the management team of 1781 Produc- ·
tions. He has personally known the McRavens for 20 years. He initially began
working with the McRavens on developing plans for this business because of his
own experience in business planning, grant projects and entrepreneurial enter-
prises. There are two points he will address; the first is financial viabi-
lity and capitalization, and secondly, the McRavens commitment to this
project. All the figures he has seen, which are conservative projections,
indicate a successful venture. The direct economic impact to the County in
the first year is around $12 million. These are "clean" tourist dollars
requiring no additional County services or monies. Projected income will pass
the break-even point, exceeding operation expenses in the first year. By the
third year investors will begin to receive dividends on investments. Approxi-
mately 80 to 100 seasonal and full-time jobs will be created by this business.
The salaries and wages in the first year will be approximately $500,000.
Secondly, the McRavens are hard workers and are deeply committed to this
project. Charles McRaven is a nationally known expert on historic preserva-
tion and restoration. He has a background in theater. He is also a widely
published and noted author, a conservationalist and preservationalist. The
McRavens bring to this venture a track record of breathe and depth of experi-
ence that is unsurpassed. He is confident this venture is well planned. In
its 120 page feasibility study for this project, the Institute of Outdoor
Drama at the University of North Carolina stated: "The prospect for success
April 14, 1993 (Regular Night Meeting) 0000~9
(Page 16)
of the Jefferson Country Drama is high. Its merit and potential for artistic,
cultural and economic prosperity are stronger than usual and it is the opinion
of the study team and the Institute of Outdoor Drama that the project should
be aggressively pursued."
The Chairman asked for public comments.
Ms. Kristi Wood, a resident of the Boyd Tavern area, said last week her
mother took her to a neighborhood meeting in order to hear more details and
make an informed decision about the proposed amphitheater. Sitting through
this meeting she learned that not all adults can conduct themselves in the
same manner of which she was raised. It became apparent to her that most of
the adults had not collected all the facts, She has attended several outdoor
plays. The sound level is not much of a concern. After the meeting, she
contacted Mrs. McRaven to clarify a couple of questions she had. First, she
was curious about how much, if any, amplification would be used. Mrs. McRaven
informed her that no amplification would be used unless the band could not
perform live, but the band would not perform during the entire play. The band
would play portions of songs to emphasis a situation and would only be playing
for a short period of time, but because of the Americans with Disabilities Act
there will have to be arrangements made for the hearing impaired. She also
asked if there would be any cannons shot off. Mrs. McRaven assured her that
no cannon would be fired and they had not even been mentioned. She asked Mrs.
McRaven about the lighting. Mrs. McRaven informed her that the type of
lighting being used would be pointing towards the ground which means the
lighting will not radiate towards the evening sky. Ms. Wood said some of the
concerns are legitimate, for example, the increase in traffic. She does not
understand some of the other concerns, such as an increase in accidents and
littering. She thinks the people traveling on this road will be more cautious
if they have not traveled on it before.
Mr. Richard Travis, a professional actor from Richmond, Virginia, and
Assistant Professor of Theater at Old Dominion University, applauded this
endeavor by 1781 Productions. A project of this magnitude will create
professional opportunities for aspiring actors, seasoned actors, technicians
and support staff for years to come. The majority of the successes of these
people will come from the Charlottesville/Albemarle community. He, however,
is concerned about a little bit of misnomer about outdoor drama. Unfortuna-
tely there seems to be some social stigma attached to an outdoor drama, a lack
of intelligence, a lack of artistic endeavorment and achievement. As a
theater practitioner, any theater endeavor that is successful has a tremendous
amount of creativity, intelligence and scope behind it. Outdoor regional
theaters, because of their programming, description of purpose, execution and
who they cater too, which is the vast amount of tourism, are profitable. In
addition, this is a story of Albemarle County and its history. In other areas
where he has worked with these theaters, he has been amazed at the community
support. The business community has thrived from the operation. In the
future this community will embrace this theater.
Ms. Amanda McRaven, daughter of the McRavens and student at Western
Albemarle High School, said she has been in 13 theatrical productions in the
past four years, and held numerous jobs including director, costumer, set
design, actor and stage manager. She has visited and talked with managers of
ten outdoor dramas in the past two years and she knows what it takes to run
one. What makes these theaters successful are the people. This proposed
theater will generate 106 new jobs; jobs that are badly needed. On Sunday,
November 15, 1982, the following was quoted in The Daily Proqress: "The
Charlottesville area has lost about 3000 jobs since the beginning of the
recession an amount equivalent to the combined total employment of the City
and County School System .... " The article went on to say that the Charlottes-
ville area has lost jobs at a greater rate than the state as a whole since
1990. There is so much this theater has to offer Albemarle County and its
people. She knows that some of the Board members believe in this theater.
She asked the Board members to follow their hearts and not their political
aspirations and do what is right.
Ms. Bobbi Cochran, Director of the Charlottesville/Albemarle Convention
and Visitors Bureau, said in November she attended a national tour association
marketplace and worked with 36 tour operators; 34 of those tour operators were
excited about the outdoor drama theater and wanted immediate information.
Tour operators love to come to Charlottesville. One of the first questions is
always "What's new?" Tour operators would like to spend more time in the
area but need something different for their clients to enjoy. A great portion
of the potential audience for this drama theater already comes here and
additional activities are needed to keep them in the area longer. In 1992
approximately 86,000 people came here on escorted or motor coach tours; over
500,000 toured Monticello; 179,000 came through the visitor's center; many of
which looked for evening activities. In a study done by the Virginia Division
of Tourism, more than 89 percent of visitors to this area are repeat visitors.
The majority of the visitors will be here during the time the production will
be in operation. Sixty-seven percent of the visitors are interested in the
history of the area. According to a study done by the Better Homes and Garden
Magazine 80 percent of all travelers are families. An historic drama per-
formed in the outdoors would certainly appeal to this market. According to
the latest figures provided by the State, total travel expenditures generated
in Charlottesville/Albemarle in 1990 was $159.65 million; the combined tax
base was increased by $2,989,464. The tourism industry is a highly competi-
tive industry, both in-state and out-state. This area needs quality enter-
April 14, 1993 (Regular Night Meeting) 000020
(Page 17)
talnment to attract attention from other areas and highlight this area as the
historical and cultural center of Central Virginia. In short, this theater is
a way to provide quality entertainment that encourages a visitor to spend more
nights in the area and help boost the economy.
Mr. Anthony Graziano, of the Charlottesville/Albemarle Restaurant Asso-
ciation and representing the hospitality industry in the area and they are
excited about this proposal. The Association wants this theater, think that
it is needed in the community and asks that the Board approve it.
Mr. Keuri Patel, owner/operator of the Quality Inn in Shadwell, said
there is a need for something in the Charlottesville area to attract tourism
and tourism dollars. About 65 percent of their guests do not feel there is
enough to do in this area. Statistically Charlottesville is a day time stop
area. He asked the Board to approve the request.
Mr. Barry Marshall, an Associate Professor of Medicine at the University
of Virginia, said he has been Mr. McRaven's doctor for the last seven years.
If anybody can make a success of this venture, it is Mr. McRaven. He thinks
Mr. McRaven is a great asset to the community.
Mr. William Orr, a resident of Keswick, said one of the major objections
is lighting. There are probably 1000 lights at the Keswick Club that is
directly across the road from where he lives. When the Club was being
remodeled, he did not feel he had any right to say anything about what they
were doing as long as it was within their rights. It seems to him that a
property owner has the right to do certain things that should not be subject
to the opinion of far away neighbors. There has to be a difference between
opinion and impact. He thinks one of the key issues is how much impact this
theater will have on the surrounding residents. He has walked the property
and only two houses can been seen down the road and none in the wooded areas.
Last March he received a call from the McRavens one Saturday afternoon and
they wanted to know if they could walk over a 63-acre parcel of land that he
had at Milton that was not for sale. A little later they told him about their
idea to develop an outdoor theater in the County. He thought that was a great
idea. This County is rich in history. He was amazed and ashamed at the
hostile reaction that developed from the people in Milton. He thinks a lot of
the people never listened to what the McRavens wanted to do, did not give them
a chance to make a presentation and had a lot of unfounded fears. The
McRavens were always upfront with him and told him what they wanted to do. He
thinks the McRavens are a dedicated and committed couple, and they have a
dream. He hopes the Board will agree to let them develop the theater on this
site.
Mr. Lee McCauley, a resident of the Jack Jouett District, spoke in favor
of the petition. He feels the economic and cultural impact on the County far
outweigh any negative aspects some people have associated with this project.
The job opportunities for youth in the summer time are positive. He urged the
Board to vote in favor of the project.
Ms. Becky Critzer said she lives on the hill fairly close to the
proposed project. The residents are worried about traffic on Route 250 and
the adjacent side roads. Additional traffic will be a nuisance. The
residents are worried about noise, lighting and the precedent of granting this
special permit in a nongrowth area. The residents question the future use of
this facility and what rules will govern it, if it does go "belly up". As a
lifetime resident of this area she is particularly alarmed about the impact
this project will have on her own personal living environment and that of her
neighbors. Her family has lived and farmed this section of the County since
the 1920's, even before there was a Route 250 or Route 616. She can hear dogs
running from her house, she can hear people shooting and machinery running.
The residents will hear noise. Over the years she has observed encroaching
development change the character of this area from completely rural to a
mixture of semi-rural and urban. Overall the quality of life has remained
quiet and peaceful. The people who live in this area seek the same country
atmosphere that she values. This theater project will change the feel and
texture of their quiet and historical surroundings by literally plopping down
a commercial venture in the middle of a rural area. If approved, this use
will pave the way for more special uses until the residents are inundated by
development. This is development the Comprehensive Plan promised to protect
them from since this area is not in a growth area. This use is setting a
dangerous example; growth begets growth, and it will continue. She then asked
the persons present who support her request to deny this special permit to
raise their hands (approximately 60 people).
Mr. Michael Harris, a resident of Woods Edge Subdivision also located in
the Boyd Tavern area, said these people are residents and homeowners. They
bought there homes with the specific purpose in mind of escaping growth and
the urban light. If they wanted to live closer to Charlottesville and if they
wanted to have commercial ventures closer to them, they would have moved in
that direction. This issue has gotten the neighbors to come together more
than any other issue. The community opposes this application. He then asked
the people who live in the area who feel they will be affected by this to
raise their hands (approximately 60 people).
Mr. Carlos A. Savido, said he is one of the residents who will be
directly affected by this special permit. He lives on the corner of Route 616
and Route 250. He is one of the people who will be affected the most by the
0000 .
April 14, 1993 (Regular Night Meeting)
(Page 18)
traffic situation. He is also concerned about what his neighbors will be
seeing and hearing. In 1992, on Route 250, between Interstate-64 and the
County line, there were 33 motor vehicle accidents. On Route 616, between 1-
64 and the County line, there were five motor vehicle accidents. At the
intersection of Route 616 and Route 250, there was only one accident last
year. The Pegasus medical evacuation helicopter was used to transport victims
from three of these accidents. There have been a total of 11 motor vehicle
accidents at the intersection of Route 616 and Route 250 since 1989. He
thinks this is a very dangerous intersection. These numbers came from the
Albemarle County Police Department. These numbers only reflect accidents
responded to by the Police Department with personal injury and/or damage to
personal property of over $1000. He understands that no traffic impact study
was done by VDoT at that location which he feels should have been done before
bringing this request to the Board. He is skeptic that traffic will not take
a short cut to reach 1-64, especially if there is a long line. If this
performance is later than 11:00 o'clock any and all vehicles that travel by
his house will be passing by his bedroom. It makes a difference when there
are 340 vehicles going by someone's house, at 11:00 p.m., every night for six
nights a week. At night the intersection is even more dangerous. He
personally feels there may be a problem with emergency service vehicles
responding to and from any fire calls and/or rescue calls. The road is two-
laned and much of it does not have the ability to allow people to pull off to
the side. In closing, the increase in traffic has the potential of increased
accidents, personal injury, property damage and pollution.
Mr. Nick Evans, a resident of the Rivanna District, said he heartily
endorses this project.
Mr. Richard Florence, a real estate appraiser and consultant, said he is
appalled by the magnitude of this project. This is a large project; it will
be nationally known and that scares him because it will ruin the Boyd Tavern
neighborhood. The project will affect the value of real estate in that area.
His field of expertise is land use. The farm adjacent to this property was
formerly owned by President James Monroe. Boyd Tavern was a stage stop on the
river road to Richmond. One of the oldest County houses is just across Route
250 from the entrance to this property. This is a rural community with few
inharmonious uses and this is a real inharmonious use that will be put upon
the residents. Placement of a commercial enterprise of this scope and nature
will alter the character of this neighborhood, and its acceptability and
desirability for single family users. This project will have an impact on
neighborhood property values. A project of this magnitude will affect a
buyers' decision to purchase in the neighborhood. The properties closest to
this project will lose the most in value. All properties in the neighborhood
will be affected to some extent.
Ms. Sandy Mattera, a small business owner in Charlottesville, said she
would welcome this sort of project. Tourists are needed in the area and she
is pleased with anything that will get the tourists to stay longer. She is a
native of western North Carolina and is familiar with outdoor theater. She
has known people who have lived near them and she has known people who have
participated in them. Her experience is that theaters are always an advantage
to the community, and they become something that people are proud of and
pleased to have.
Ms. Lalah Simcoe, a resident of the Rivanna District, south of Stony
Point, said she supports the project. She has several year's experience as a
small bed and breakfast owner in the County. In her experience she has found
that people are vitally interested in the history of the community and are
fascinated with what they can learn about the City and County. (Mr. Bowerman
left the meeting at 10:38 p.m.) She feels that the presence of a cultural
activity would be an attraction to single families seeking to live in the
area.
Mr. Ricky Burruss, a resident of Route 759 for 17 years, said he opposes
this plan. He moved to the County because he wanted peace and quiet. He has
hunted all over these woods. He knows that there will be traffic and noise
problems. He asked the Board to make the right decision and vote the way the
people in the area want.
Mr. Wilson McIver, a resident of Ivy, said he has known Charles McRaven
for about 12 years. Mr. McRaven first mentioned this project to him several
months ago and talked to him about it. He told Mr. McRaven he thought the
project was a good idea. Although this project does not interest him
specifically, he does think it has a great deal of merit. He share the
concerns voiced by the people tonight about what will happen if this theater
is located in their neighborhood. At the same time Mr. McRaven was looking at
the Milton site, he was looking at a home on Milton Road to purchase and he
had to consider whether this theater would make a difference in purchasing
that home. His decision was that the theater did not have an impact on his
decision to purchase that home. Mr. McRaven is conscientious, he is a good
neighbor and he will work with the people any way he can. (Mr. Bowerman
returned to the meeting at 8:41 p.m.) If this Board says "no" to this
project, it is saying "no" to open space and "no" to a man who is a good
neighbor.
Mr. Bill Stimsom, a resident of the general neighborhood, said he is
interested in tranquility. Most people will find tranquility in their homes.
(Mr. Bain left the meeting at 8:43 p.m.) Large volumes of noise, thousands of
April 14, 1993 (Regular Night Meeting) 000022
(Page 19)
hours of automobile and diesel engines running for a period of seven evenings
for three months and lights will destroy that tranquility. He asked Board
members to consider whether they would want something like this in their back
yards. ~
Ms. Beth Evans said she lives in the Rivanna District, but not in this
neighborhood. She would like to have something like this in her back yard.
She would support an outdoor theater over a development of 50 houses on less
than two acre lots in her back yard. Her perception from attending the town
meeting and this hearing tonight is that the negative impacts have been
greatly magnified. This business will only operate three months out of the
year. The land will be quiet and open to wildlife for the bulk of the year.
She believes that there really is a silent majority of support for this
venture. The Board has already agreed to this concept by adopting the zoning
text amendment last year.
Mr. Dan Leake, a resident of the Boyd Tavern area, spoke about the water
and sewer use on the property. (Mr. Bain returned to the meeting at 8:45
p.m.) In a conversation with the Health Department, he was told they require
a minimum of five gallons of water use per person for averaging the amount of
land needed for a septic drain field. The Health Department will use the
maximum seating capacity of the theater to determine the square footage, thus
2000 people times five gallons is 10,000 gallons. The Health Department will
only allow 1200 gallons per acre of land which calculates to 8.3 acres needed
if the soil perk tests determine the soil to have a good absorption rate.
These numbers do not include consideration of concession stands which would
increase the square footage required by the Health Department. If the perk
tests required by the Health Department show some areas to be not as good as
the core the Department may increase the gallons required per person to ten.
This would double the number of acres needed for the drain field. The amount
of land needed for the drain field does not include the lines from the
bathrooms, septic tanks and pumping station. The sketch of the Site plan
submitted to the Planning Commission by the applicant shows the area for the
drain field and the seating area. Those areas are on opposite sides of the
ravine where the stage is proposed. The bathrooms will be in the area close
to the seats and the covered area which is on the hill behind the seats. He
knows the waste will have to gravity fed to the tanks and then pumped up to
the drain fields. An estimate of this work is approximately $80,000. Another
issue is water supply. In a conversation with a well drilling company, he was
told that the Health Department would probably require a couple of wells with
a yield of five to ten gallons per minute. This could possibly be done with
one well or several~ but the water would have to be pumped into the storage
tank or tanks for use during peak demands. This will also take quite a bit of
land to install the system. An estimate of this work and equipment needed
would be approximately $15,000 to $25,000. He is a general contractor in
residential building and he knows the area needed by heavy equipment to
install such water and sewer systems. The fewer trees cut down for these
systems, the greater the cost of installing them. Trying to save the trees
makes slow travel for backhoe and bulldozers. These are just two parts of
this project that will greatly impact the Boyd Tavern area. Ten to 20 acres
of this hardwood forest will be turned into commercial land use for an outdoor
theater. This property will never again be used for anything other than
activities for large numbers of people for who knows what type of
entertainment. Anyone who thinks this project is a simple and nondisturbing
theater in the woods is greatly mistaken. He asked the Board to vote "no" for
the project.
Mr. Bill Dorsey presented a picture of the site taken from his patio.
He opposes the request because his property and house adjoins this area. He
feels this project will cause many problems for him and his family. He does
not want to hear the horns blowing and see the lights shining into his house.
He is concerned about the noise, lights and garbage.
Mr. Alvin Jacobs presented some pictures of the pines being harvested
and a picture taken from the top of his house. He lives closest to the
project. The McRavens have made many claims about their project. He has yet
to hear them claim to be magicians. Only a magician can do what they are
promising to do. They claim to bring 2000 people to Boyd Tavern, have them
seated in an open air theater and reenact scenes from the Revolutionary War,
complete with guns, horses and music. They are going to do this without the
neighbors and families living next door hearing a thing. He asked the Board
to imagine what this noise will be like in the middle of the night when
everything is quiet. Then when the production is all over, imagine the roar
of diesel engines and ten to 15 buses moving out and rolling down Route 250
between 11:00 p.m. and 12:00 midnight. At the June 10th meeting, Mr. McRaven
said he wanted a site close to town where traffic would go by as few homes as
possible. There are 62 houses along Route 250, between Shadwell and Boyd
Tavern. These families will be greatly affected at this late hour. This is
what they will hear coming into their bedrooms six nights a week, every week,
all summer long. Sound will travel right out of that "bowl" into their homes.
The forest protecting the residents is being destroyed by the pine beetles.
Sound tests conducted by him and his neighbors indicate that they will hear
vehicles from the parking lot very clearly. Some of the residents live as
close as 1200 feet from the proposed site. Nothing stands in the way to
protect them from the noise, cars, lights, etc., except this Board's votes.
He and his neighbors have built their dreams in Boyd Tavern. If this
commercial venture is approved, their dreams will become nightmares. He asked
the Board to deny this request.
April 14, 1993 (Regular Night Meeting)
(Page 20)
000023
Ms. Juanita Milby, a resident of Route 623, said she would like to have
an outdoor theater in the community, but not in this location. Why would the
Board want to go from the City, within one mile of Fluvanna County, in a
nongrowth area, and approve a major project such as this? This project is ten
miles from the City limits. She is concerned about how this use is described.
If this is going to be just an outdoor drama or even an outdoor historic
drama, it frightens her that the University of Virginia's fraternities could
have many uses simply by reading a passage from Thomas Jefferson and calling
it an historical meeting. There are a lot of unknowns. The McRavens have put
a lot into this proposal and she would like for the County to have a
successful outdoor drama theater in the area, but success does bring other
businesses, and she just does not feel this is the right place. She asked the
Board to vote against this request.
Mr. Hugh Lanahan, whose driveway is approximately 400 feet from the
proposed entrance, said he feels he will be impacted from this project. He
thinks the noise, fumes and traffic from the vehicles will greatly impact his
lifestyle. He asked the Board to vote "no".
Mr. Aaron Zackroff, a resident of Route 623 in Boyd Tavern, said he is a
social worker, jazz disc jockey, music promoter, and a past member on the
Board of Lives Arts. He has some familiarity with productions. He is
concerned that if this request is approved, it will compromise the rural,
historical and environmental integrity of Boyd Tavern, and thereby erode the
residents' quality of life in terms of increased traffic, noise, litter,
degradation of groundwater, lose of trees and the rural landscape, ruination
of the night sky and stars due to the reflected lights. Webster's Dictionary
defines rural as: "Living in country areas; engaged in agricultural pursuits;
characterized by simplicity; lacking sophistication; uncomplicating ...
opposed to urban." This theater is not a bona fide rural use, but rather an
example of urbanization and commercialism in an area not suited for that
purpose. This trend is threatening the residents personal freedom. He lives
in the Woods Edge Subdivision. Currently his well water smells like chlorine.
This is a request to support a 2000 seat theater for profit, developing virgin
land for an untested production for dreams of drawing 1500 patrons, six nights
a week. He questions the economic viability of this project. He also
questions whether this is the best use of the land. In his view this project
is a good idea, but it would better serve Charlottesville/Albemarle in an
existing park or public lands where crowds are already drawn. He asked the
Board to deny the request.
Mr. Bill Johnson said he is a 20 year resident of the Keswick/Boyd
Tavern area. He is not opposed to the concept of an outdoor theater. He
supports a theater in the right area. He does not feel the RA district, and
specifically this site, is the right place for this use. The residents want
to retain their privilege of living in a rural area. The people who live in
this area are not living here for the commercial venture or opportunity; they
are living here to get away from the city. He does not think this project is
realistic or feasible, including financing and marketing. He questioned where
the applicant got his $20 million income generated figure. There is no
official site plan. Most people have not seen the feasibility study. There
has been no environmental impact study done. There has been no research
production. According to the numbers on the industry that he has seen, the
attendance at such productions are decreasing. This project will have a
substantial detriment to the adjacent neighbors and the character of the
district will be changed, and the use will not be in harmony with the
district. He questions what happens if this project goes "belly up" He is
concerned about the real hidden agenda behind this special permit if it does
not succeed. For those reasons the Board should deny the request.
Mr. Robert Randolph Bollinger, a resident of the Rivanna District, said
he supports this request and asked the Board to give it full consideration.
He is a homeowner, amateur historian, a stone mason and student of politics.
He supports the vision supported in the Comprehensive Plan. Well-considered
and appropriate development is an asset to a community. This project will not
turn Boyd Tavern into the next "Tysons Corner". He believes that Albemarle is
worth protecting, but zero growth is problematic. No growth means no rise in
revenues, but continual rise in taxes. The McRavens propose a tale of a piece
of this County's history in a colorful and entertaining manner. The McRavens
has had the audacity to have a good idea. He thinks it is a injustice to
portray the McRavens as spoilers of the County. This is a good idea.
Mr. George Gilliam, an attorney representing a large group of the
Keswick/Shadwell property owners, said if the Board should approve this
request, the residents would like to be given an opportunity to participate
with staff and the applicant in the further focusing and refining of the
conditions. Staff has come in with some tightening up of the conditions
recommended by the Commission, and again, while the residents are opposed to
the issuance of the permit, they think the staff's recommendations are a giant
step forward, but there are still a few obvious loopholes. He also asked that
if the Board is inclined to approve the request, that it defer action on this
request for a couple of weeks to give the parties an opportunity to work on
the conditions.
Mr. Gilliam said the residents feel the use on the land will in many
respects set the tone for the whole area. It has been represented to the
Board that only the drama will be held, and there will be no subsidiary,
related or ancillary uses. However, the residents were provided literature
April 14, 1993 (Regular Night Meeting)
(Page 21)
0000 4
indicating that the theater would have related uses; the applicants would like
to put on workshops for potential participants and the public. Inviting the
public in for workshops is different from putting on nightly historical dramas
and is "a way for the camel to get his nose in under the tent" He asked what
type of concessions will be sold, whether it will be tee shirts, figurines, or
something else. This is a thick hardwood oak forest, yet pictures have been
taken of clear-cutting in large sections of the project. Nobody knows how
much of the existing buffer will be destroyed as a result of beetle
infestation. He thinks the type of buffering should be handled at Board level
and not during site plan review. He thinks it is perfectly reasonable for the
Board to require that the equivalent of the buffer that was formerly there be
restored either through planting cedar trees or something that will grow tight
and provide good protection for sound and light. Finally concern has been
raised about the possibility of the applicants coming back before the Board
asking for a change in the permit to amend the conditions. He would suggest
that the applicants, who have been cooperative, be Asked to put restrictive
covenants on the land that limit the use of the land to by-right uses and
those limitations that the Board impose on the permit. There has also been
some discussion as to whether the conditions should apply to the entire 100
acre parcel or whether only on the active site. He thinks the only way to
provide a small measure of protection is to impose the conditions on the
entire 100 acre tract. The neighbors oppose this request, but should the
Board approve it, he asked that consideration be given to these additional
limitations.
Mr. Chuck Buchanan, a real estate broker and resident of Charlottesville
for 25 years, said he is one of the contract sellers of the 100 acres. The
tract being sold is part of a 500-acre parcel. There was a substantial beetle
infestation on the property and the timber was contracted to be cut. The vast
majority of the property contracted to be sold to the McRavens will still
offer a substantial buffer. On the remainder of the property, the contractor
is cutting timber with beetle infestation and leaving the other hardwood
trees. He has many of the same concerns that have been expressed. If for any
reason he thought this project was not going to be a good neighbor, he would
be against it. He think the McRavens will do everything possible to make this
a successful project.
Mrs. Linda McRaven said this is a project that she, her husband and her
friends have worked on for two years. They know that they have done the
proper work. This is a site issue. They have done the work and paid the
money to find out if this is an economically viable proposition. If she
thought this would not succeed financially she would not have mortgaged her
house or spent two years working on it. They believe in this project and know
that it will work. Even though they spent a lot of money on the Milton
property, they decided that it was the wrong site. They listened to the
Planning staff and Commission and are proud to come to this meeting with a
positive report to the Board. She has done her research and can prove
everything she says. There are supporters of this project who live in the
Boyd Tavern and Route 250 area. This project will expand the tax base of the
County. They will be paying real estate and sales taxes. The hotels and
restaurants will benefit. During preproduction their payroll will be in
excess of $200,000. Their first year of payroll will be over $500,000; second
and succeeding years will be in the neighborhood of $500,000. That is more
than minimum wage and is a lot of money coming into the area. This is not
meant for locals. They want the locals to come to the productions, but they
are appealing to the tourist business which will comprise of 90 percent of
their audience. There has been a lot of discussion on how dangerous the Route
616 intersection is. If the Route 616/250 junction is a problem, it is not
because of their measly 320 cars per night; that is a problem because of
traffic at Lake Monticello. There are 11,000 cars that use this junction
today. This theater will have a minor impact on that intersection. It would
be fairer to assess Lake Monticello drivers for those problems. They have
done their research and have many supporters. They have worked within the
rules and regulations. They are here representing themselves. They have done
their job and ask that the Board consider this request positively.
A person who did not identify himself said he is concerned about how
long it will take for all that tree growth that has been cut to come back.
The trees would have acted as a buffer, except it is no longer there.
At this time, the Chairman closed the public hearing.
Mr. Bowerman said if this application goes forward he would like to
leave condition $5 as recommended which would omit the word "related".
Mr. Martin said in all the meetings he has attended, this group of
people has conducted themselves in the most well-behaved manner than any other
group on opposing sides. In the seven years he has been on either the School
Board or the Board of Supervisors, this has been one of the most difficult
decisions to make. He walked into this meeting with no inclination on how he
would vote on this request and that is still how he feels. He would like to
hear some comments from the applicant about Mr. Gilliam's recommendations.
Mr. Bowerman asked the applicant his thoughts about Mr. Gilliam's
recommendation for some sort of buffering to replace what is being lost. Mr.
McRaven said he has no problem replacing any buffer that is lost inside his
property line.
April 14, 1993 (Regular Night Meeting)
(Page 22)
O000Z5
Mr. Martin asked about applying the permit to the entire 100 acres as
opposed to the six acres. Mr. McRaven said if for some reason the proposed
use fails, they would like to be about to recoup their loses through some kind
of development on the property.
Mr. Bowerman asked if a special permit would take away development
rights for that property. Mr. St. John responded, "no" which is why the area
for the special permit is delineated because the permit becomes the use. If
the permit applies to the entire 100 acres then that becomes the use. Mr.
McRaven said he has no problem with restricting uses on the property, but it
could be difficult because he does not know what could happen in the future.
He wants to cooperate but do not want to "cut his own throat" if this venture
does not succeed. The difference between success and failure sometimes is the
ability to have related activities, i.e., a gift shop, concesSion stand,
backstage tours. He is concerned that the Board allow use that relate
directly to the theater.
Mr. Martin asked Mr. McRaven if he would be opposed to the Board
deferring this request to allow him time to meet with Mr. Gilliam to address
some of the concerns. Mr. McRaven said he has no problem with that but he is
working on a tight time schedule.
Mr. Martin asked how other Board members feel about deferring the
request.
Mr. Marshall said he would like to take action tonight if possible.
This is one of the most difficult decisions he has had to make since being on
the Board. He is friends with most of these people who have spoke in
opposition to this application. He does not want to go home and worry about
this.
Mr. Martin said he would like to defer the request until the next
regular night meeting to give the applicant a chance to meet with Mr. Gilliam
to address the concerns and reach a consensus on the issues.
Mr. McRaven said if the Board wants to vote on this tonight he will
abide by that decision. He wants to cooperate and he thinks the dialogue
might be valuable. He also feels strongly that everybody has been given
plenty notice on what this is all about and what will happen. The applicants
have done everything they could to disseminate the information.
Mr. Martin said this is a tough decision. He wants to support the
request but this will impact some of the residents. He wants to make sure he
has done everything he can to protect his constituents.
Mrs. Humphris said Mr. Martin is putting the Board in the same position
that it was put in on the previous issue where instead of making a decision he
is saying defer the request. If the majority of the Board decides to not go
along with the compromise solution, Mr. Martin would again feel that the Board
should have approved the request or denied it at this meeting. This is
putting the Board in an awkward position. Mr. Martin said that is not correct
because in the other situation the Board brought up new information that was
not discussed at the first meeting.
Mr. Martin said, given the discussion that has taken place, at this time
he would vote in support of the application.
Mr. Perkins said he supports the project. He thinks the benefits
outweigh the negative aspects. He thinks this is probably the best location
in the County for this use.
Mr. Bowerman said he is inclined to support the application. He does
not think any changes in the conditions will satisfy the people who are
concerned about the project. He thinks amendments to the conditions might
alleviate some of the Board members concerns. He does not support including
the word "related" in condition #5. He has no problem with a backstage tour
of the theater. He thinks there is enough flexibility that the Zoning
Administrator could determine if an activity related to the theater is a
permitted use.
Mr. Bain asked how Mr. Bowerman can say that when the condition states
there shall be no accessory or subordinate uses. He asked why put the burden
on the Zoning Administrator.
Mr. McRaven said there are numerous models of historic outdoor theaters
around the country that have related activities such as a gift shops and con-
cession stands, but no other uses.
Mr. Bowerman said he does not have a problem with a gift shop or a
concession stand, but he would have a problem with a 20,000 square foot gift
shop.
Mr. Bain said if the Board is going to allow the related uses, they need
to be set out.
Mrs. Humphris said she would like to see an historical drama in the
County but she is looking at reality. She then referred to some of the state-
ments in the staff report. "This use will result in additional noise and
April 14, 1993 (Regular Night Meeting) 000026
(Page 23)
light, not particularly associated with by-right development. However, the
location of the theater is such that adjacent property should not be adversely
affected." She takes exception to that statement. She does not see how the
statement could be made that adjacent properties should be not adversely
affected. The staff report continues, "Staff opinion is that due to distance
to adjacent development and the topographic features of the site, sound from
the theater should have a minimal impact on adjacent properties." When she
was at home this morning, as she was in the kitchen, her husband asked her if
she had left a radio on somewhere in the house. Her response was, "no" and
she asked "why". He t°ld her to listen and she heard, While she was in the
house with all the doors and windows shut, the Albemarle High School Band
rehearsing at the high school. Her husband, the engineer, went to the map and
measured the distance. As the crow flies, they are one and one-quarter miles
from Albemarle High School through thick cedar forests, over hills and through
a huge subdivision. She is accustomed to hearing that sound during the spring
and summer months when they are outdoors or when the windows are opened, but
she was amazed that it happened this morning. In addition "Staff opinion is
that due to topography and physical separation from adjacent properties, the
proposed use will not result in a substantial detriment to adjacent property."
None of the people who have called her have indicated they want this theater
next door to them. She recognizes the economic benefits to this community in
allowing this theater, but people's right to enjoy the peace and quiet of
their property are at stake. She does not think this is a good location nor
does she see how deferring the request could take care of the problems that
would be created by the noise, lights or other concerns. She is not willing
to sell out the people who have found their dreams. These people were here
first. For that reason this site is not acceptable to her.
Mr. Marshall said he is "pro business". Albemarle County needs these
jobs. He said the information provided by the applicant indicates that 106
jobs would be created and $500,000 equates to $4710 per person or $1500 per
month. He asked if that is what the average person will earn. Mr. McRaven
said the jobs in management are year-round. Most of the jobs are seasonal,
for about four months, and the people will work an average of three hours per
day. Those 106 jobs are the total number of what the theater will employ.
Most of the jobs will be actors, technical people, parking lot attendents and
people working with the theater.
Mr. Bain said he came to this meeting tonight basically leaning against
the application because he is concerned about the rural areas. Board members
heard his comments when the zoning text amendment came before it last year.
He knows that the applicant has done everything he could. He believes what
the applicant has said about what they are trying to do. The rural areas are
important to him and he believes those people close to this theater will be
affected. One of his major concerns is sound and how it would be addressed
because it will be heard by the people who live the closest to the site. He
does not know what kind of sound barriers can be erected. He does not think
trees will take care of the problem. He is not a sound person in more ways
than one. He thinks the applicants have done their work. He thinks if there
is a place in the rural areas, this is probably it, but he still has the same
problems and he does not know if they can be addressed.
Mr. McRaven said his is willing to adhere to anything regarding sound
that can be worked out. Mr. Bowerman said the Board knows that any conditions
will be hard to enforce.
Mr. Marshall said he lives on top of a mountain, seven-tenths of a mile
from the highway and sometimes he can hear cars going up and down the road.
He lives two miles from Lake Reynovia but he use to be able to hear activities
going on there. He is concerned because he does not think there is anything
that can be done where the people will not hear the activities. He wants this
business in the County, but he cannot be a businessman without emotions. He
could not support this application tonight. He needs to know more about the
sound.
Mr. Martin said it looks as if this request should be deferred until the
next meeting. He knows that a lot of the people are angry and upset over his
decision. This was a tough decision for him. He knows that the use will
impact some of the people which is why he would like to do everything he
possibly can to limit that impact. He does not think this use will have as
much of an impact on the rest of the neighborhood. The Board is supposed to
set the tax rate tonight. The night after he met with citizens at Mr. Leake's
house, the Board had a regular meeting and got blasted by people who
complained about their taxes and tax rate. In his oPinion, this theater is
one of those activities that will bring revenue into the County. This use is
clean and does not require schools or other services. He did want to support
this use when he first heard about it and after meeting with the citizens he
was unsure. He only made up his mind tonight.
Mr. Marshall said he would support the request if the noise can be
controlled. Mr. Bowerman suggested adding a condition the control the noise
and have staff come back with how the condition would be enforced, and whether
it is acceptable to the applicant and Board. Mrs. Humphris Said sound cannot
be controlled. Mr. Bowerman said people are going to be aware that there is
an activity in this area. He is aware of activity on Route 29 and a shopping
center that is one-half mile from his house. He is also aware that when he
was on that site, he heard semi-trucks and cars constantly on 1-64. There are
some noises that are more objectionable than others. He thinks loud noises
0000 7
April 14, 1993 (Regular Night Meeting)
(Page 24)
coming off the site like cannons and amplified sounds are totally unaccept-
able.
Mr. Marshall asked Mr. McRaven if he will fire off muskets. Mr. McRaven
said they would use flash travelers, not muskets.
Mr. Bowerman then said condition ~5 needs to be stated in such a way to
allow the types of uses the Board indicated are acceptable such as accessory
gift shop, concession stands and workshops.
Mr. Martin suggested language be written and brought back to the Board
for review. Because of the lateness of the hour, he does not think any of the
Board members are at their best in terms of arriving at acceptable conditions.
Mr. Bowerman asked which term "accessory uses" or "related uses" is more
restrictive. The conditions could set out the uses that the applicant
indicated as the only other uses allowed. Mrs. Humphris asked if this would
then allow associated workshops to occur at hours other than evening hours.
Mr. Bowerman said he did not know when the workshops would occur. Mr.
Bowerman then asked the applicant how many people would attend the workshop.
Mr. McRaven said he had no idea. They are not looking to attract people other
than the normal theater crowd. Mrs. Humphris said that could open a can of
worms.
Mr. Bowerman asked what time the production would begin. Mr. McRaven
responded the show would begin at 8:30 p.m. Mr. Bowerman suggested that
nothing would occur on the site prior to 6:00 p.m. Mr. McRaven said at this
time he has no problem with that condition. Mr. McRaven said the purpose of
the workshop is to train employees.
Mr. Martin then suggested including in the condition "associated gift
shop, concessions and rehearsals"
Mrs. Humphris said the Board is departing now into a whole new realm.
The zoning text amendment was solely for the presentation of an historical
drama. All of a sudden the Board is discussing workshops to train people.
These are classes and was not the intent of the zoning text amendment that
Board members voted for.
Mr. Bowerman again said he thinks this request should be deferred to get
acceptable conditions worked about between the staff and the applicants.
Mrs. Humphris said she would like to specifically know whether workshops
and classes come under the heading of presentation of an historical drama.
Mr. Cilimberg said he does not think a week will be enough time to get
all the information the Board wants. Staff needs to meet with the applicants,
Mr. Gilliam, the Zoning Administrator and the County Attorney. In addition,
staff has attempted to clarify the conditions four times.
Mr. Bowerman then suggested this item be deferred until May 12.
Mr. Bain said he thinks the main concern is sound. Mr. Bowerman said he
cannot speak for other Board members, but he thinks the special permit should
cover the entire 100 acres. He also suggests there be no amplification of
sound.
Motion was then offered by Mr. Martin, seconded by Mr. Perkins to defer
SP-93-07 until May 12, 1993 to allow staff time to work with the applicant and
residents to address concerns raised regarding sound, hours of operation and
to define historic drama. Roll was called and the motion carried by the
following recorded vote:
AYES: Messrs. Marshall, Martin, Perkins, Bain and Bowerman, Mrs. Humphris.
NAYS: None.
Agenda Item No. 12. Approval of the 1992-93 County Operating Budget.
Mr. Tucker said the Board has been provided copies of two resolutions
which cover the operating budget and the tax levy. The Board needs to adopt
the budget and set the tax levy for taxable year 1993.
Motion was offered by Mr. Martin, seconded by Mrs. Humphris, to adopt
the following resolution for the operations budget for the County for the
Fiscal Year beginning July 1, 1993.
Mr. Bain said a message needs to go to the School Division that the
items approved in the School budget are the items this Board wants the money
to go towards. He knows this Board does not have line item veto but the items
discussed by the Board is what he is voting for. He is specifically concerned
that the additional funding for schools going towards the instructional
initiates outlined in Option A. He will support the motion.
Mr. Marshall said he cannot support the motion. He wants the tax rate
lowered and that cannot be done with this budget.
Roll was called and the motion carried by the following recorded vote:
April 14, 1993 (Regular Night Meeting)
(Page 25)
0000 8
AYES: Messrs. Martin, Bain, Bowerman, Mrs. Humphris.
NAYS: Mr. Marshall and Mr. Perkins.
R E S 0 L U T I O N
BE IT RESOLVED by the Board of Supervisors of Albemarle
County, Virginia, that the operations budget for the County for
the Fiscal Year beginning July 1, 1993, be approved as follows:
General Government Administration
Judicial
Public Safety
Public Works
Human Development
Parks, Recreation and Culture
Community Development
County/City Revenue Sharing
Refunds
Capital Improvements
Contingency Reserve
Education - Debt Service
Education - Operations
Total
$ 4,137,375
1,327,418
7,035,631
1,749,757
4,478,837
2,596,405
1,882,729
4,319,236
66,800
1,360,000
64,890
5,667,631
61,985,941
$ 96,672,650
Agenda Item No. 13. Set tax rates 1993.
Motion was offered by Mr. Martin, seconded by Mrs. Humphris, to adopt
the following resolution to set the tax levy for the taxable year 1993 at 72
cents per $100 for real estate and $4.28 per $100 for personal property.
Mr. Perkins said the Board received a letter from Mr. Rob Bloch,
President of the Albemarle County Farm Bureau, opposing a reduction in the
personal property tax. He agrees with Mr. Bloch's opinion because people do
have a choice when they purchase an automobile, but not necessarily where they
live.
Mr. Martin said a person living out in the county must have a reliable
vehicle to get back and forth to work, and that person may not have enough
money to own a home but still must have transportation.
Mrs. Humphris said she agrees with Mr. Perkins on this issue. People
have called her and expressed real anger that the Board is proposing a
reduction in the personal property tax rate. In retrospect she wish the Board
had not gone to public hearing with that reduction and at another time she
would oppose it.
Mr. Bowerman said he thinks this is a less regressive tax and it is a
good reduction.
There being no further discussion, roll was called and the motion
carried by the following recorded vote:
AYES: Messrs. Martin, Bain, Bowerman, and Mrs. Humphris.
NAYS: Mr. Marshall and Mr. Perkins.
RESOLUTION
BE IT RESOLVED that the Board of Supervisors of Albemarle
County, Virginia, does hereby set the County Levy for the taxable
year 1993 for General County purposes at Seventy-Two Cents ($0.72)
on every One Hundred Dollars worth of real estate; at Four Dollars
and Twenty-Eight Cents ($4.28) on every One Hundred Dollars worth
of assessed value of personal property; at Four Dollars and
Twenty-Eight Cents ($4.28) on every One Hundred Dollars worth of
assessed value of machinery and tools; at Seventy-Two Cents
($0.72) on every One Hundred Dollars worth of assessed value on
mobile homes; and at Seventy-Two Cents ($0.72) on every One
Hundred Dollars worth of assessed value of public service
assessments; and
FURTHER orders that the Director of Finance of Albemarle
County assess and collect on all taxable real estate and all
taxable personal property, including machinery and tools not
assessed as real estate, used or employed in a manufacturing
business, not taxable by the State on Capital; including Public
Service Corporation property except the rolling stock of railroads
based upon the assessment fixed by the State Corporation Commis-
sion and certified by it to the Board of Supervisors both as to
location and valuation; and including all boats and watercraft
under five tons as set forth in the Code of Virginia; and vehicles
used as mobile homes or offices as set forth in the Virginia Code;
except farm machinery, farm tools, farm livestock, and household
goods as set forth in the Code of Virginia, Section 58.1-3500
through Section 58.1-3508.
April 14, 1993 (Regular Night Meeting)
(Page 26)
Agenda Item No. 14a. Appropriation:
0000 9
Sheriff's Department.
Mr. Tucker said the Compensation Board approved the Sheriff's request
for the purchase of a personal computer, printer and software. The Board is
requested to authorize purchase of the equipment.
Motion was offered by Mr. Bain, seconded by Mr. Martin to adopt the
following resolution of appropriation in the amount of $5260 to fund purchase
of a personal computer in the Sheriff's Department. Roll was called and the
motion carried by the following recorded vote:
AYES: Messrs. Marshall, Martin, Perkins, Bain and Bowerman, Mrs. Humphris.
NAYS: None.
FISCAL YEAR: 1992/93
NLIMBER: 920063
FD-ND: GENERAL
PURPOSE OF APPROPRIATION:
FUNDING OF PERSONAL COMPUTER IN
SHERIFF'S DEPARTMENT BY STATE
COMPENSATION BOARD.
EXPElqI)ITURE
COST CENTER/CATEGORY
1100031020800700
DESCRIPTION AMOUNT
ADP EQUIPMENT $5,260.00
TOTAL $5,260.00
REVENUE
2100023000230202
DESCRIPTION
STATE-SHERIFF'S OFFIC EXP.
TOTAL
.AMOUNT
$5,260.00
$5,260.00
Agenda Item No. 14b. Appropriation: Berkmar Drive.
Mr. Tucker said the County accepted payment of $15,000 from Wal-Mart in
lieu of the fill dirt that was delivered to the Berkmar Drive extension site.
The Board is requested to appropriate these funds to the Berkmar Drive
Extension project.
Motion was offered by Mr. Bain, seconded by Mr. Martin to adopt the
following resolution of appropriation in the amount of $15,000 for additional
funding for Berkmar Drive Extension. Roll was called and the motion carried
by the following recorded vote:
AYES: Messrs. Marshall, Martin, Perkins, Bain and Bowerman, Mrs. Humphris.
NAYS: None.
FISCAL YEAR: 1992/93
NUMBER: 920064
FUND: CIP
PURPOSE OF APPROPRIATION:
ADDITIONAL FUNDING FOR BERKMAR DRIVE
EXTENSION.
EXPENDITLrRE
COST CENTER/CATEGORY
1900041020950036
DESCRIPTION
BERKM3LR DRIVE EXTENDED
TOTAL
.AMOUNT
$15,000.00
$15,000.00
REVENUE
2900016000169900
DESCRIPTION
OTHER CHARGES-WALMART
TOTAL
AMOUNT
$15,000.00
$15,000.00
Agenda Item No. 14c. Appropriation: Mechums West.
Mr. Tucker said due to the developer's failure to complete the project
bonds have been called for Mechums West Road Bond ($33,000) and Mechums West
Soil Erosion ($10,750). In order to complete these projects, the Board is
requested to appropriate the amount plus accrued interest ($550).
Motion was offered by Mr. Bain, seconded by Mr. Martin to adopt the
following resolution of appropriation in the amount of $44,300 to complete
roads and soil erosion projects at Mechums West from bonds. Roll was called
and the motion carried by the following recorded vote:
AYES: Messrs. Marshall, Martin, Perkins, Bain and Bowerman, Mrs. Humphris.
NAYS: None.
FISCAL YEAR: 1992/93
AUJMBER: 920065
FUlqD: CIP
PURPOSE OF APPROPRIATION:
COMPLETION OF ROADS AND SOIL EROSION
PROJECTS AT MECHUMS WEST FROM BONDS.
EXPENDITURE
COST CENTER/CATEGORY
1900041020950098
DESCRIPTION AMOUNT
MECHUMS WEST $44,300.00
TOTAL $44,300.00
April 14, 1993 (Regular Night Meeting)
(Page 27)
REVENUE
2900019000199925
2900019000199925
DESCRIPTION
MECHUMS WEST'ROAD BOND
MEcHUMs WEST-SOIL EROSION BOND
TOTAL
000030
~OLr~T
$33,500.00
10,750 . 00
$44,300.00
Agenda Item No. 15. Approval of Minutes: February 5, March 18 (N),
April 8, 1992; and January 6, 1993.
Mr. Bain had read the minutes of February 5, 1992, pages 21 to 32, and
found them to be in order.
Mr. Perkins had read the minutes of February 5, 1992, pages 33 end and
found them to be in order.
Motion was offered by Mr. Bain, seconded by Mrs. Humphris, to approve
the minutes as read. Roll was called and the motion carried by the following
recorded vote:
AYES: Messrs. Marshall, Martin, Perkins, Bain and Bowerman, Mrs. Humphris.
NAYS: None.
Agenda Item No. 16. Cancel Board meeting for April 21, 1993.
Motion was offered by Mr. Martin, seconded by Mr. Bain, to cancel the
Board meeting for April 21, 1993. Roll was called and the motion carried by
the following recorded vote:
AYES: Messrs. Marshall, Martin, Perkins; Bain and Bowerman, Mrs. Humphris.
NAYS: None.
Agenda Item No. 17. Other Matters Not Listed on the Agenda from the
BOARD.
Mr. Perkins asked that staff look into the issue of service districts
for fire protection as provided by the Charlottesville Fire Department.
Mr. Bowerman said he did not think there could be a service district on
public safety; i.e., police, fire and rescue. Mr. Bowerman then asked staff
to incorporate the issue of service districts for fire into the study of
provision for fire services and bring the information to the Board at the June
2, 1993 meeting.
Mr. Bain requested staff provide a report on the ground water study at
the May 5, 1993 Board meeting.
Agenda Item No. 18. Adjourn. With no further business to come before
the Board, the meeting was adjourned at 12:46 a.m.
Chairman