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1992-05-20May 20, 1992 (Regular Night Meeting) (Page 1) M.B. 41, Pg. 123 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on May 20, 1992, at 7:00 P.M., Room 7, County Office Building, McIntire Road, Charlottesville, Virginia. PRESENT: Messrs. Charles S. Martin, Walter F. Perkins, David P. Bowerman, Mrs. Charlotte Y. Humphris and Mr. Forrest R. Marshall, Jr. ABSENT: Mr. Edward H. Bain, Jr. 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 Nol 3.. Moment of Silence, ~ Not DOcketed~ Motion was offered by Mrs~ Humphris, secOnded by Mr. Martin, to adopt the following Certification of Executive Session for the afternOon.meeting: CERTIFICATION OF ~XEClrfIVEMEETING WHEREAS, the Albemarle County Board of Supervisors has convened 'an-executive meeting on this dare'pursuant to an laffirmative~recorded :vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by. the Albemarle'County Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT.RESOLVED that the AlbemArle County~Board of · .,Supervisors hereby certifies that, to the best of each member's knowledge,(i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeti~t~Cwhichthi~i~erti~ica~i~esolution applies, and .-(ii) only such Publicbusiness ma~ers'"as were identified inthe motion convening the executivemeeting were heard,.discussed or considered by the Albemarle:-~County.Board~of Supervisors. VOTE: AYES:Messrs~ Martin, Perkins, Bowerman, Mrs~ Humphris and : Mr. Marshall. ~ NAYS: None. ABSENT DURING:.VOTE:~Mr. Bain - ABSENT DURING~ M~ETING: Mr.. Bain. ~ Mr. Bowerman commentedthat the Executive Session-was for the purpose of interviewing applicants for the Fiscal Impact Committee, Children and Youth Commission and the Architectural Review Board. Agenda Item No. 4. Public~ ~There were. none. Other Matters not Listed on the Agenda from the Agenda Item No. 5. Consent Agenda. Motion was offered by Mrs. Humphris, seconded by Mr. Perkins, to. accept the consent agenda as information. Roll was called and the motion carried bythe following recorded vote: AYES: Messrs,. Martin) Perkins, Bowerman, Mrs. Humphris and. Mr. Marshall. NAYS: None~ ABSENT~: Mr ~ Bain .... May 20, 1992 (Regular Night Meeting) (Page 2) M.B. 41, Pg. 124 Item 5.1. Copies of the Planning Commission's Minutes for April 28 and May 5, 1992, were received for information. Item 5.2. Copy of the Minutes of the Albemarle County Service Authority Board of Directors for March 25, 1992, was received for information. Item 5.3. Copy of Application dated May 4, 1992, filed with the State Corporation Commission by Commonwealth Gas Services, Inc., for a general increase in natural gas rates, was received for information. Agenda Item No. 6. SP-92-14. Geater & Emma J. Allen. Public Hearing on a request for a single wide mobile home on 3.6 acs zoned RA. Property in E side of Rt 627 approx 1.4 mi~S of Rt 6. TM128,P37~ Scottsvitle Dist. (Advertised in the Daily Progress on. May 5 and May 12, 1992) Mr. Cilimberg presented the following Staff report: "Character.~of the Area: Other than a few. shrubs and several scattered trees mostly along the property edge, this site has been cleared of significant vegetation. The property ~lopes down from the road by approximately three percent slope, iThere are three dwellings Visible -from the proposed mobile homesite. This property is adjacent to and -~_visible from an agricultural forestal district. Staff opinion is that ~his use will not negatively affect the district since mobile homes are allowedwithin an-agricultural forestal district as permitted by the underlying zoning district. Staff Comment: ~Staff has received one letter ofobjectiOn. There are five. existing mobile homes withinone mile of this Site. Should the Planning Commission and Board of Supervisors approve SP-92-14, staff recommends the following conditions of approval: Recommended Conditions~,.of Approval: 1. Albemarle. County building official approval; 2; .... Conformance to allarea, bulk andotherappticable requirements-,. for district in which it is located; -3~, ~Skirting around mobile home from ground-level tO'base of the mobile'home to becompleted within thirty (30) days Of issuance -of a Certificate of Occupancy; 4. 'Provision of potable water supply and sewerage facilities to the~ reasonable satisfaction of the Zoning Administrator and approval of the local officeof the Virginia Department of Health, if applicable.under current regulations; 5. Maintenance of existing vegetation, landscaping end, or screening to be provided to thereasonable satiSfaction of the Zoning. Administrator. Required screening shall be maintained in good -conditiOn and replaced if it should die; and 6. The mobile home shall be occupied only byGeater and Rmma Jean Allen or other family members." Mr. Cilimberg said .the. Planning~ Commission, at:its meeting on May 5, 1992, unanimously.recommended approval of SP-92'14 subject..to the sixcondi- tions recommended~by~the staff~. The Chairman .openedthe public'hearing'and asked the-applicant,.Mr. Allen, if he had any.comments. Mr. Geater.Allen said~he purchased bis mobile.:home from Oakwood.~andthey will install the septic~tankand put'.skirting around~the mobile home. He has already made arrangements for someone to dig the well. He isjust waiting for Board approval. Therebeing noother commentsfrom the public, the public hearing was closed. May 20, 1992 (Regular Night Meeting) (Page 3) M.B. 41, Pg. 125 Motion was offered by Mr. Marshall, seconded by Mrs. Humphris, to approve SP-92-14 subject to the following six conditions recommended by the Planning Commission: 1. Albemarle County building official approval; Conformance to all area, bulk and other applicable requirements for district in which it is located; 3. Skirting around mobile home from ground level to base of the mobile home to be completed within thirty (30) days of issuance of a Certificate of Occupancy; Provision of potable water supply and sewerage facilities to the reasonable satisfaction of the Zoning Administrator and approval of-the lOcai~offi~e of~the Virginia Department of Health, if .... ~ ~applicableunder current regulations; 5. Maintenance of existing vegetation, landscaping and/or screening to be provided to the reasonable satisfaction of the Zoning Administrator. Required screening shall be maintained in good condition~and replace~if it should die; and 6. The mobile home shall be occupied only by Geater and Emma Jean Allen or other family, members. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Martin, Perkins, Bowerman, Mrs. Humphrisand Mrs Marshall, NAYS: None. ABSENT: Mr. Bain. At this time~, Mr. Bowerman asked Board-members if .they bad,:any, objection to allowing amember, of the pUblicto address the Board on a matter not l~sted on the agenda. Board members.expressed no-objection, Mr. Ron Keithley, Chair, Spiritual Assembly of the Baha'is of Charlottes- ville~ invited Board members to a service on .ThurSday, May 28th, 8:00 p.m., Old Cabell Hall,.tocommemorate the passing of the Prophet-Founder of the Baha'i Faith. Mr -Keithley presented Board~members with a packet of informa- tion on the Baha'i~Faith and saidthis is the newest and~fastest~growing~faith the world. AgendaItemNo. 7. ZMA~92-02. Virginia Land Trust & South 29 Land Trust. Public Hearing on arequest to amend the existing Hollymead PUD to permit. 37 single family lots and 76 townhouse units on 19 acs. Property located near Rt.~29 With-access to-North & South HollymeadDr. TM46B2;Sec 1, P'sl,3&4. ~Rivanna Dist. (Advertised in the Daily~Progress on May 5 and May 12, 1992.) . ._ ~ Mr. Cilimberg~presented the following staff report: '-'Character of the Area: The areaof the proposed~ townhouse develop- ment is located~ south-ofS0uth Hollymead Drive. The site,is open and moderately..rolling~end isbordered by Hollymead openspace~Silver. ~ -- ~hatch-Inn and the Hollymead recreation areas to the east. Several single family homes border the site to the south, Route 29 is to'the west and the remaining Hollymead commercial land is to the north of ~ the site.~ The area Of the proposed.single family development is located on-the-north sideof. North HollymeadDrive and is scrub~and ~moderatety rolling. Thesite is~borderedto the.eagt by single:family · dwellings, to the south and west bycommercial land The Silver ThatchInn is located to the~south. The land to~the:.north~is vacant and is. open space for Hollymead. Applicant's-,Proposat: ~The applicant has s~bmitted a plan showing the location of the development and the means of access. All dwellings will be providedaccess to new, internalized, roads andno-dwelling will have direct~access· to any existing public roads. This request will~ increase the totalnumber of dwelling units:inHollymead to 625. (The HOllymead development is approved for 650 dwelling units). May 20, 1992 (Regular Night Meeting) (Page 4) M.B. 41, Pg. 126 Planning and Zoning History: May 8, 1972 - The Board of Supervisors approved SP-156 authorizing 740 dwelling units in the Hollymead Development and establishing commer- cial uses adjacent to Route 29. December 14, 1977 The Board of Supervisors approved SP-77-70 reduc- ing the previous number of dwellings to 650 units with no change to commercial acreage. April 15, 1989 - The Board of Supervisors approved SP-89-08 permitting a tennis facility. Numerous other approvals have been granted in Hollymead. Staff has listed only those directly related to the area under review. Comprehensive Plan: The Comprehensive Plan recommends this area for Community Service uses, The recommendation for this area, in~the.,Land, Use Plan for Hollymeadis as follows: 'Establish-a community service area centered arounR the entrance to the Hollymead Subdivision. This recognizes the approved commercial area in the Hollymead PUD. While too. large to be,a neighborhood service area, the scale Of commercial deyelOpment is to be in keeping with the residential, nature of. the Hollymead subdivision and oriented to the subdivision rather than highway uses. The area is intended to meet local convenience shopping and professional service needs and is to be screenedand bUffered from adjacent residential areas. Access to high density residential areas to the north and south is to be reserved.' The Comprehensive Plan.essentially acknowledged previous zoning decisions made as part of the approval of the Hollymead PUD. Based on recent~'eoncerns~. · by residents of the Hollymead, subdivision concerning commercial~development:~adjacent to residential areas and the COmpre~. hensive~ Plan's~-recommendation encouraging commercial deveRopmentmore in-keeping with~neighborhood service scale,~this proposed rezoning to residential use would-he-considered consistent with the~intent of the Plan for this area,~ With this~rezoning, the remaining commercial area is of a~scale in keeping with the Neighborhood Service-designation. An agreement to permit, access to,the south has been provided.. It~,is the opinion of staff that access to the adjacent property to,the north is not'feasible-due to topographic constraints, (A largeswate and a stream are locatedbetween the=proposed single family development and adjacent property.) Staff Comment: The zoning of the area proposed for,reSidential devetopmentcurrently permits a wide range of commercial activity. In the =eview of thisrequest, staff has given consideration to the permitted uses onthis site~ The propoSed single family, lots reprer sent~an extension of the existing single family-lots~on the~north side of.~Nor~h HollymeadDriVe.:~.The proposed single familydevelopment is buffered from the adjacent land recommend~dlintheComprehenSive..Plan: for high densityresidentialuse-by existing open space~ Theappli- cant and staff have prepared a list of agreements to regulate develop- ment of this site: 1. :. Developmentshall be in general accord..with plan titled 'Proposed Division of Parcels A, C-2, and D, Tax Map 46! dated February 24, 1992. Thirty (30) feet on.the north sides of North Hollymead Drive and Hotlymead Drive shall, be provided as.open space and shall contain animpervious pathwayand landscaping. Landscaping in.theopen space adjacent to North Hollymead Drive and Hollymead,Drive shall consist, of.not-less than a-double staggered,row?of~screening trees.planted, 15 feeton-center. Improvements,to North-and South HollymeadDrive shall be in .accordance-with recommendations as stated in the Virginia Depart- ment of Transportation letter of March 23, 1992; May 20, 1992 (Regular Night Meeting) (Page 5) M.B. 41, Pg. 127 Yards shall be provided as follows: front yard (measured from road right-of-way or edge of access easement) 30 feet in depth; rear yard 20 feet in depth; side yard - 10 feet in depth; Access to adjacent property to the south of the townhouse devel- opment may be required at the time of site plan review if deter- mined practicable. Staff opinion is that these agreements address the primary concerns of staff which are: Reduction in the total number of entrances to the existing state :road and provision, of adequate entrances to the sites; Treatment of double frontage lots; Maintenance of pedestrian walkway; and Provision of access to adjacent property. Staff has no,method-of calculating total trafficvolumescreated by-t9 acresof~ commercial development. However, in genera], commercial development generates more traffic per acre than would be generater by residential, development~. (Theproposed-developmentshoutd result in approximately, 900 vehicle trips per day.) The Virginia Department of Transportation has commented that improvements to North and South Hollymead Drive are needed to accommodate traffic generated from-the proposeduse, ~-An agreement is proposed that addresses this concern. Approval of residential units will generate an estimated 48 students to Hollymead Elementary,, 23 students to Jouett Middle School and 25 students to Albemarle High School. ~ Summary andRecommendations: Staff has identified the following factors-which are favorable to this request: 1, The proposed'use, results in fewerVehicle trips-than coutd,,bs~, generated in 'by-right'. development; 2-,- -Agreementsare.proposed to address access and doubl~frontage issues; While reducing.the amount of commercial land in,the Communityof Hollymead, the:-remaining commercial.area is of ascate in.keeping - with the~ intent of the Comprehensive Plan; and 4. The numbe~of~uni~s in theHollymead PUD is not being exceeded. Staff-has identified th, folloWing factors which are:unfavorable to this, request,: Approvalof~ this request willremove: approximatelyl9 acres of commercial land from the Co~mmunityof Hollymead~ Staff has reviewed~ this request for compliance with;the Zoning Ordi- nance and the Comprehensive Plan. The applicant andstaff have prepared agreements which are intended to address the potential negat~ive impacts of.the rezoning. During the review of, sUbdivisio~ plats and site plans for this development.staff will insure that,-ail~ applicable provisions of the~Subdivision andZoning Ordinances are met. Staff. opinion is that the favorable factors outweigh the negative factors and, therefore, s~affrecommends.apprOval-of ZMA-92~02~subject to the proposed agreements which are in addition to the conditions currently in place under SP-77-70: Proposed~ AKremments: 1. Developmentshallbein?general accord~with plan:titled 'Proposed Divisionof Parcels A, C-2,~ and D, Tax' Map 46' dated-February 24, 1992. May 20, 1992 (Regular Night Meeting) (Page 6) M.B. 41, Pg. 128 Thirty (30) feet on the north sides of North Hollymead Drive and Hollymead Drive shall be provided as open space and shall contain an impervious pathway and landscaping. Landscaping in the open space adjacent to North Hollymead Drive and Hollymead Drive shall consist of not less than a double staggered row of screening trees planted 15 feet on center. Improvements to North and South Hollymead Drive shall be in accordance with recommendations as stated in the Virginia Depart- ment of Transportation letter of March 23, 1992. Yards?shall be provided>as follows: front yard (measured from road right-of-way or edge of access easement) - 30 feet in depth; rear yard - 20 feet in depth; side yard 10 feet in depth. Access. to adjacent property to the'south of.the townhouse devel-- opmentmay be required at the time of site plan review if deter- mined practicable." Mr. Cilimberg said the Planning Commission, at its meeting on May 5, 1992, unanimously recommended approval of ZMA-92-02 subject to the six agree- mentsrecommendedbythestaff, Mr. Martin asked who owns'the two parcels in front of the State Farm claims office. Mr. Cilimberg said Virginia Land owns the parcels, but there is no'~development~ Currently proposed for those parcels. ~- The Chairman opened the public hearing: and asked the applicant, for comments. Mr. Steve Melton~ representing Virginia l.mnd Trust~.said he had~no - additional comments. Ms. Beth Vanda, an adjacent property owner, expressed concern that the developer, maintain the/integrity of:-theHollymead~Subdi~ision relative to lot siZeand:-that she notsee the back view of the new homes from-her residence~ She:asked jr.-these units could be made to conform tothe restrictions of the homeowner's association~ Mr. St.~John said~ifit is envisioned that. this development become a part of Hollymead,~ then-.a document could.be recordedin the Clerk's office stating that this development is part.of the homeowner's association and subject to its deeds'and restrictions-, and cite, the'deed bookand pagenumbers where the originals were recorded. Mr. Bowerman asked the applicant if-it~ is the developer,s intent that this developmentbe a part of the Hollymead community. Mr. Melton said it is his understanding that this development would be a part of the Hollymead Homeowner.ts Association. Mr.. St. John-said-the Board. could make that a condition. ~-Mr.,Melton said,he has no problemwith that being-added as an agreement. . _ ' - There being no Other public comment, the public hearing was closed. Mrs."Humphris'asked'about, the issue raised at the Planning-Commission~.- meeting concerning utilities. Mr~ Cilimberg saidat the..Commission meeting-: concern.was-expressed about the impact-of this development on utilities, particularly electricityand water pressure. He, has not. received any comments from-¥irginia Power on .the issue of electricity, but a representative of the Albemarle County Service Authority stated that the Service Authority does not anticipate~-this development will create a problem on? the water pressure. Motion was. then offered.by ~Mr. Martin, seconded by Mrs. Humphris, to approve ZMA-92-02 subject to the following-six, agreements recommended by the Ptanning~Commission andthe addition of the.following seventh agreementt 1. Development shall be in general accord with plan titled "Proposed Division of-Parcels A, C-2:and D,~Tax:Map 46,,!' datedFebruary 24, 1992 (copy on file). M.B. 41, Pg. 129 May 20, 1992 (Regular Night Meeting) (Page 7) Thirty feet on the north sides of North Hollymead Drive and Hollymead Drive shall be provided as open space and shall contain an impervious pathway and landscaping. o Landscaping in the open space adjacent to North Hollymead Drive and Hollymead Drive shall consist of not less than a double staggered row of screening trees planted 15 feet on center. 4. Improvements to North and South Hollymead Drive shall be in accordance with recommendations as stated in the Virginia Depart- ment of Transportation letter of March 23, 1992 (copy on file). Yardsshall be.provided~as follows: front yard (measured from road right-of-way or edge of access easement) - 30 feet in depth; rear yard - 20 feet in depth; side yard - 10 feet in depth. 6. Access',to adjacent Propertytothe.south~of the townhouse devel-~ opment-may~be requiredat the-.time of site plan review if deter- mined practicable. 7. This development shall, becomea part of theHollymead PUD. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Martin, Perkins, Bowerman, Mrs~ Humphris and Mr.. Marshall~ NAYS: None.. · ABSENT: Mr. Bain. Agenda~ItemNo. 8. Approval of. Minutes: ~June 12 and September 18, 1991. There:were noneread. ~ AgendaItemNo. 9. Appointments. Mr. Bowerman suggested that-the Board direct staff to contact principals at the~three high schools for recommendations for the student representative on the Children & Youth Commission. ~e added that this person should also be able to serve atleast a~two-year term. The 'Board~members concUrred. Mr. Bowerman saidthe Board is scheduling interviews with three more applicants for the Fiscal Impact Committee and-one applicant for the Children & Youth Commission'on 3une 3-~ TheBoard hopes to make appointments for these committees on June 3. Mr. Perkins said Ms. Mary Mikalson, a representative on the Library Board, has_indicated to him that she:does not wish to serve another term on the Library Board. Mr. Tucker askedthe Boardto consider appointing a.,personfromhisstaff to the Library Board. The Deputy City Manager~represents the~City of Char- lottesville' and serves as president..of the Board,- He thinksthis appointment may be necessary from a fiscal standpoint. Also, the Library Board deals with alotof issues regarding construction and management which he thinks would be helPful informationfor this Board.. In addition, the County is now funding the majority ~of the library!s budget. Mrs. Humphris .said that sounds like a good ideato~her~ Mr. Perkins asked if a non-voting staff person attends the meetings of the Library Board. Mr. Tucker. responded "no". He has also encouraged the Executive, Director~ of the Library to reinstitutethe~Budget, Committea~for the Library~ Mr. B0werman suggested the staff provide information at the June 3 meeting on'~.the the pros and cons of appointing a staffmembervs, a citizen member tO this position'. ~ M.B. 41, Pg. 130 May 20, 1992 (Regular Night Meeting) (Page 8) Mr. Perkins said he thinks it may be necessary to have a staff member present at the meetings, but he thinks this should be a citizen board rather than a board made up of County and City staff members. He thinks it is a mistake for the City to have a member of its staff on the Board. He thinks staff members from the City and County should be present in a non-voting capacity. Mrs. Humphris said she thinks it is important that the County have the necessary fiscal expertise on the Library Board, whether it is through a citizen member or through the County staff. Agenda Item NO~ 10. Other Matters Not Listed on the Agenda from the BOARD.- Mr. Marshall-said.his.appointee to. theSchoo! Boards Dr~ Valdrie~'.Watker, is~ resigning from the'School Board,~effective July 31, 1992'. He currently~-' does not have a~reptacement in mind.for this position. He asked"the County r-if it was necessary to,advertise and_hold a public.hearing for this position.~ Mr. St~ John said it is necessary to hold a public hearing;and have the~:names of the persons being considered read into the record. He will look up the requirements for advertisement in the State Code and report back to the Board on june~3. Agenda Item No. 11 Adjourn. There being no further business to come before the Board, the meeting was adjourned at 7:40 p.m.