1992-02-19February 19, 1992 (Regular Night Meeting)
(Page 1)
M.B. 40, Pg. 137
A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on February 19, 1992, at 7:00 P.M., in the Auditorium of
the County Office Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Mr. Edward H. Bain, Jr., Mr. David P. Bowerman, Mrs. Char-
lotte 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.
Chairman, Mr. Bowerman.
Agenda Item No~ 2.
Agenda Item No. 3.
The meeting was called to order at 7:00 P.M. by the
Pledge. of Allegiance.
Moment of Silence.
,~ -~Agenda.item~No. 4. Other Matters Not Listed on the Agenda from the
Public.
Mr. James Butler, representing St. John's Baptist Church, requested that
the Boardi'rename Route 640, from Cash's Corner, to ROute,~22 as St. John's
Road,~Mr.,'Butler said St. John?s Baptist'Church~iS a historical landmark
built in the 1880'si He is aware, of three residents who live on the other
end of Route 22 who oppose renaming the road. He has,no objection,to that?~end
having.~a~different name.
Mr~ Bowerman said'at its last meeting, the. Board decided to delay further
action,on.renamings-roads until after.implementation of the E-911 system. At
that time,~the, Board will,~consider requests for road name changes in accord-
ance withits adopted policy. Mr. Tucker said,.that because of a large number
of requests for road name changes, the staff plans to discuss thepolicy with
the BoardOnfMa.r~ch~4. - ,~
Agenda, Item~No..5.~ ~Consent. Agenda. Motion~was offered'~by ~Mrs.-Humphris,
seconded-..by~Mrl. Bain,,:to approve Items 5~1, 5.2 and 5.3 onthe consent,agenda,
to,.move~Item~.5.4 to MarCh. 4,.1992,~for discussion unde~Highway~M~tte~s, and
to~accept, the remaining.~items~.as .information. There was no~further ~discus-
sion~. RolLwas called and the,.motion, carried bythefollowing recordedl.vote:
AYES: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and
Bain .....
NAYS~? None ....
,.Item 5.1. Statements of Expenses to.the State Compensation~Board from
Commonwealth s Attorney. and Regional Jail
the Director Of,.Finance, Sheriff, '
for the Month of January, 1992, were approved as presented, by the vote shown
above.
~ Item 5.2. Revised:resolution requesting;authorization for Rivanna Solid
Waste, Autho=ity"to handle the littercontrol program in~ conjunction with~the
Charlottesville-AlbemarlelCleanCommunity~Commission (CAC3)~ ~(tn~amemoran~
dum, from the County Executive, received February 13, 1992, Mr. Tucker indi-
cated that the. County previously designated CAC3..to:administer~and.implement a
coordinated litter control program using grant funds from the Department.of
WaSte Management and the Division of Litter Control and Recycling. Effective
February 1, 1992, the Rivanna Solid Waste Authority (RSWA) began administering
the program on behalf of CAC3. This necessitates the County revising the
resolutions,to authorize. RSWA~tohandle the~program in.conjunction'with CAC3).
The.following resolution was. adopted by the vote shown~above~: ,~:,_~
WHEREAS, the Board of Supervisors of Albemarle County, Virginia,
recognizes the existence-of litter problems within the boundariesof
Albemarle County; and
February 19, 1992 (Regular Night Meeting)
(Page 2)
M.B. 40, Pg. 138
WHEREAS, the Virginia Waste Management Act provides, through the
Department of Waste Management, Division of Litter Control and Recycl-
ing for the allocation of public funds in the form of Grants for the
purpose of enhancing local litter control programs; and
WHEREAS, having reviewed and considered the Regulations and the
Application covering administration and use of said funds;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Albemarle County, Virginia:
Hereby expresses the intent to combine with the City of
Charlottesville, in a mutually agreed upon and Cooperative Program,
contingent upon approval of the Application by the Department of Waste
Management, DiviSion of Litter Control and Recycling and contingent
upon receipt of'funds; and
Hereby authorizes the Charlottesville~Albemarle. Clean, Community
Commission (CAC3),to apply on behalf of all:of the. above named locali-
ties for a Grant, and in conjunction with the Rivanna Solid Waste
Authority (RSWA) to be responsiblefor the administration, implementa-
tion, and completion of. theprogramas it is, described.~in the attached
Application form LCG-1; and
.,Furtheraccepts liability for its pro rata share of any funds not
properly used or accounted for pursuant to the Regulations and the
Application; and .......
That saidfunds,rwhen received, wilLbetransferred immediately
to.~the .Charlottesville~Albemarle Clean Community Commission or if
coordinated, by the Planning. District Commission, said funds will be
sent directly to the Planning District Commission by the Department.
All funds will~beused in thelCooperative Program to which we giveour
endorsement~andsupport.,
· Hereby requests the Department'of Waste Management, Division of
Litter, Control and,Recycling to.consider and approve the Application
and Program, said Program. being in accord with Regulations governing
use andexpenditure of .said funds.
Item 5.3. RegiOnal Economic Development Strategic Planning Grant Appli-
cation to Center on Rural Development. (In a memorandum from the County
Executive,~received February 14, 1992, Mr. Tucker provided a s~mm~ry of
discussions that occurred during.the-past several~months among various region-
al represemtatives who~wanted to exploreregional economic development plan-
ning. ~The:memorandum outlined a .mechanism to ,~eceive-assistance in-pursuing
regional economic development~strategic plarming, through,the Center.on Rural
Development .(CORD)'~which~was endorsed bythe Thomas Jefferson Planning Dis-
trict Commission (TJPDC) Board. Staff believes a cooperative regional econo-
mic develoPment.effort that. provides:an interchange of ideas and~attempts to
identify strategic~policies and actions is important, to the County and the
region's future, eConomy.) At. the recommendationof staff, the Board endorsed,
by the vote shown above, the TJPDC's ~application to CORD for a Strategic
Planning Partnership Grant and authorized the County Executive to forward a
letter of support to TJPDC.
~ ~Item 5~4. Letter-dated February 10, 1992,~from~Mr, D. S. Roosevelt,
Resident-Engineer, Department.,of Transportation., addressedto Ms. Lettie E.
Neher,, Clerk,~Board of Supervisors, aboUt requested-informationconcerning the
Department of Transportation,'s criteria for determining locations for guard~
rail installation alongthe primary system, was received as follows:'
"At.the January~Board of SuperviSors' meeting Mr~ Perkins requested
information concerning the\Department's criteria.for, determining
locations for guardrail instaltation~along .the. primary system, I am
replying to,that question.~ I request you, advise Mr. Perkins end, the
other.-Board~members
February 19, 1992 (Regular Night Meeting)
(Page 3)
M.B. 40, Pg. 139
Basically, the Department allocates a certain dollar amount each year
to new and replacement guardrail along the primary system. Any funds
not used to upgrade or replace existing guardrail is available for
installation of guardrail at new locations. We give first priority
for new locations to spots that have been brought to our attention,
reviewed by the Traffic Engineer's office and recommended by him for
guardrail. If any additional funds remain, we have attempted in this
area to install guardrail along our more heavily traveled routes at
locations which are eligible for guardrail.
While Mr. Perkins indicated that the section of Route 240 from the
Lickinghole Creek crossing westward up the hill had been pointed out
as ~a~problem area,~in the past, I could find no record of a request for
guardrail installation. My review of this location indicates that
guardrail can be installed without additional shoulder construction at
all but~a couple of locations along this section.~ While it is~too
late to include this location in this year's guardrail schedule, I
will mal{e this, area known to the Traffic Engineer and request that it
be included~in a future schedule."
Mr.:Perkins requested this-itembe discussed under~Highway MatterS on
March 4, 1992.
Item 5.5. Letter dated February 6, 1992, from Mr. Ray D. Pethtel,
Commissioner, Department of Transportation~ stating thatWingfield~ Road in Ivy
Farms was added to the State Secondary System.effective February 3,.1992, was
received as follOws:. ~
"As:requested in your resolution, dated December 4, 1991, the following
addition to the-~Secondary System of Albemarle County is hereby ap-
proved, effectiveFebruary 3, 1992 ....
ADDITION LENGTH
IVY FARMS
Route 1017 (Wingfield Road) - From Route 1018.to 0.83
mile NortheastRoute 1018
0.83 Mi"
Item 5..6. Letterdated'February 5,.1992, from Mrs. Ray.D. Pethtel,,
Commissioner, Department of~ Transportation, stating, that Inglewood~Drive was
added-to the state:Secondary System effective January 15, 1992, was received
as follows:
"As requested~in your, resolution dated ~December. 19, 1990, the follow-
ing~addition to-the, Secondary System of Albemarle County is hereby
approved, effective January 15, 1992.
ADDITION LENGTH
GEORGETOWN LANE
Route'1411.(Inglewood Drive) From Route 1430 to 0.09
mile Southeast Route 1430 0.09 Mi"
Item,~5.7. Letter, dated January 29, 1992,~from Mr~ E. C. Cochran, Jr.,
P~.E~, State Location~and,~Design En§ineer, Department~ of ~Transportation, re~
public hearing notice on Route 708, Project: 0708-002-241, C501, Albemarle
County, received for information. (The purpose, of the public hearing is to
consider the~.proposed locationand design~of Route, 708 [Taylors GapRoad] from
0.14 mile~east of Route~631~to 0~09'mile west~of Route 631.)
Item 5.8. Letter dated February 7, 1992, from Mr. Henry F. Weinschenk,
GeneralPartner, Express Car Wash, enclosing copy of application to the State
CorporatiOn Commission for Express Car Wash of Charlottesville, Inc., for a
certificate'as a~limousine carrier, receiVed for information.
February 19, 1992 (Regular Night Meeting)
(Page 4)
M.B. 40, Pg. 140
Item 5.9. Copy of Comprehensive Annual Financial Report - Fiscal Year
Ended June 30, 1991 for the Rivanna Solid Waste Authority, received for
information.
Item 5.10. Memorandum dated February 12, 1992, from Ms. Amelia M.
Patterson, Zoning Administrator, re: Determination of Number of Parcels for
Development Rights, was received as follows:
"Last February, when the Board withdrew ZTA-90-13, the zoning text
amendment relating to parcel of record determinations, they requested
a monitoring report. The purpose of this memo is to forward this
informationl A review,,of~ the determinations made after the adoption
of the February, 1991, criteria shows a marked decrease in the numbers
of additional parcels found.
You~ may .reCall that the new criteria arose from the Blandemar case,
with the Faison v. Union Camp Virginia Supreme Court as a basis.
Although the Blandemar decision by the Board of Zoning Appeals is
currently under Circuit Court review, I believe that the criteria from
the Supreme Court-will remain in place for these determinations. This
criteria considers the language used by the owner in the descriptive
clause of the deed, such as 'all that certain tract of land".
A complete chart has been compiled of all determinations beginning in
November, 1990. The relevant statistics are as follows:
I. From ,November~ 1990, to the present~ 35 determinations.were
~requestedfor.47 parcels. (Several, determinations involved more
than one tax map parcel.) These resulted in a total of 57
additional parcels by determinations than are shown by a number
,on the:tax maps. This is a rate of 1.55 additional : ,1 existing
parcel~
II..From February, 1991, to the present-- 21 determinations were
requested.for 27 parcels. ~These resulted in a total of 26
· ~.additional parcels bydeterminationsthan are shown by a number
· on the tax maps. This is a rate of 0.96 additional : 1 existing
parcel."
Item 5.11. Monthly Bond Program. Report on Arbor Crest Apartments for the
month of January, 1992, received~for information. ·
Item 5.~.12.. Memorandum stating thatthe Planning Commission has reviewed
for compliance.with the Comprehensive Plan the Route,~29 North/Airport,Road
Sewer Line expansion of the current septic system or connection to the Albe-
marle County Service Authority system, received for information. (The Plann-
ing COmmission,'at~ its February 11, 1992, meeting unanimously found the
request to be.in compliance as per SeCtion 15,.lr456 of the. Code. of ¥irginia.)
Agenda Item No. 6. Benton Downer: Request concerning septic system
problem on property at the corner of Routes 250 and 240 where The Galerie
Restaurant was located (deferred from January 15, 1992),
Mrs.. Humphris. offered motion, seconded~ by Mr. Martin, to defer the
request from Benton Downer concerning a septic system problem at the location
of The Galerie Restaurant, to March 18, 1992, at the request of the applicant.
Roll was called and the motion carried by the following recorded vote:
AYES: Mr, Bowerman, Mrs. Humphris, Messrs. Marshall, Martin~and Perkins.
NAYS: None ....
ABSTAIN: ~Mr.. Bain.
AgendaItem No. 7. SP-91-69. '
Crenshaw s AutoService, Inc. (applicant);
Charlottesville,Realty Co(owner). Public Hearing on~ a,request to locate
motor,~ehicle sales & rental.~on 2.26 acs zoned C-1 & EC (existing service
February 19, 1992 (Regular Night Meeting)
(Page 5)
M.B. 40, Pg. 141
station is to remain. Property in SE quadrant of inters of Rt 29/Greenbrier
Dr. TM61W,P1,Sec2,BlkA. Charlottesville Dist. (Advertised in the Daily
Progress on February 4 and February 11, 1992.)
Mr. Cilimberg presented the following staff report:
"Character of the Area: The site is currently developed with a
service station. Brown's Auto is adjacent to the south. A Texaco
service station and Daly's Rentals (Ryder Trucks) are located to the
north. The property adjacent to the east is vacant.
Applicant's Proposal: The applicant proposes to rent and sell vehi-
cles fromthis site. Sixteen vehicles will be displayed adjacent to
the Brown's site. An additional storage area of 15,750 square feet
[with a potential of storing 48 cars] has been designated in the rear
of thesite (Attachment C-on file). The existing service station use
(gas~and repair).will remain.
Comprehensive Plan: The site is located in Neighborhood 2. The Land
Use Planrecommendation fOr this area is Community Service uses.
Table 46 (page 61) of the Plan indicates that compatible Regional
Se~viceuses are, appropriate in Community Service area, Auto dealer-
ship.is listed as a typical regional service use.~ Given the existing
development/uses adjacent tothe site, auto sales/rentals, is consi-
dered an acceptabteuse,
Staff Comment: This use is by special use permit' due to its location:
l),within the:.entrance corrido=,,and 2) within theC-l~district.
In past reports, staff commented that 'motor. vehiclerental' has
caused concern due to overcrowding or, sites which resulted in traffic
congestion~ as well as visual clutter. From observation of existing
auto uses along Route 29 North, staff has found the following:
a~ ,:Sites .tend< to. be'overcrowded with vehicles,parked in entrances,
required landscaped areas and the like;
b, Portable~signs~ balloons~spinners, tent sales~and other 'atten-
tion getters'~are',often employed; and
Comparatively bright security lighting is employed (two dealer-
ships ~were Contacted to.adjust'bright lighting away from Route 29
North)
The Architectural Review Board (ARB)has addressed the visual aspects
of the proposed, use.~ The staff for the ARB prepared a report which~
recommends approval~by the, ARB subject to conditions (Attachment,D-on
file), Planning staff, will limit its comments to,the ability of the
site to accommodate the use as well as the relationship with adjacent
uses ~ .........
The Virginia Department of Transportation (VDoT)~ has provided comments
regarding~ the proposeduse (Attachment E~on file). Currently, plans
are being developed for improvements to Route 29. These plans have
not been completed and no construction schedule has been set. VDoT is
recommending the closure of the northern entrance onto Route 29 and
the entrance~onto Greenbrier Drive. Staff hasdiscussed with the
applicant the possibility of relocation of the Greenbrier Drive
entrance to a point further from Route 29. This is not practical due
to the, following: grade difference between site~and Greenbrier. Drive,
a gas, pipeline and the separation of this~site from GreenbrierDrive
bya parcel not under the control ofthe applicant The proposed use
Will increase traffic aboVe currentvolumes due to the introduction of
an additional use. However, this use.does not generate more traffic
than typical by-right retail use. Staff does not support VDoT's
recommendations at.this time. With the continued use of the gas
pumps, on-site circulation would be extremelypoor, if the entrar~ces
were closedl, The ~closure of-the, northern Route 29 entrance may
negatively affect on-site circulation. Therefore, based on.the
limited increase_.intraffic generated~by this use and~ the degradation
February 19, 1992 (Regular Night Meeting)
(Page 6)
M.B. 40, Pg. 142
of on-site circulation which would be caused by entrance closure,
staff does not recommend the closure of any entrances at this time.
It will be VDoT's decision whether or not to close either or both
entrances as part of the Route 29 improvements.
Staff opinion is that this use is consistent with the adjacent uses -
car sales, equipment/truck rental and gas station. This site is
separated from the City limits by one parcel. The zoning of the land
within the City limits near the site is M-i, Manufacturing. Staff
opinion is that this use is in keeping with the existing development
in the area.
Summary and. Recommendation: ~Aesthetic issues are being addressed by
the ARB. ARB staff is recommending approval of the use with condi-
tions.
Planning staff has,identified the following factors which are favor-
able to thfs~request:
1. The use is compatible with adjacent uses;
The use is consistent with, the Comprehensive Plan due to adjacent
uses; and
The proposed.use is not a high traffic generator.
Planning staff has identified the following factor which is unfavor-
ab!e to this request:
1 The existing entrances to this site are in close proximity to the
Route 29/Greenbrier Drive intersection. The Greenbrier Drive
~,~entrancehas.~a very steep grade.
Staff opinion is that the limited additional traffic generated by this
use does not aggravate the existing entrance conditions. The addi-
tional favorable factors offset this negative factor and, therefore,
Staff is ablelto..recommend approval of SP~91-69 subject to the~ follow-
ing conditions:
Use shall not commence until a Certificate or.Appropriateness is
issued by the Architectural Review Board; and
Storage areas shall be limited to those shown on a plat titled
'Physical Survey of Lot 1, Block A, Section Two, Westfield'
initialed WDE, dated 2/5/92; and the total numberof vehicles
available for saleor rental shall, not.exceed sixty~four (64) at
any one.time.,
Mr~ Cilimberg said~the Planning. Commission, atits meeting on Febru-
ary 18, ~1992, recommended approval of SP-91~69, by a; vote of 6-1, subject to
the two conditions recommended by staff.
Mr. Cilimberg said the Board has received a copy of anOfficial Determi-
nation of Zoning, Violation which occurred after the~application for.the
special use permit wasmade. The viOlation~ was cited by the Zoning Adminis-
trator on February 11, 1992, fOr operation of the requested use without a
special use permit. Mr. Cilimberg then provided Board members with photo-
graphs of the site
The Chairman opened~.the public hearing~. Mr. Bruce Williams, representing
the applicant, said Mr. 'Crenshaw has been in business at this location since
1982. He operated National Car Rental at Pantops Texaco for several years
which is an integral and necessary part of his business. Mr. Crenshaw would
not be ~nvolved in the sale of gasoline at this location. The application for
this special use permit-was filed on December 6. Shortly thereafter,~ Mr.
Crenshaw reaChed an agreement withthe~property owner to begin the car rental
use of this site on January 30. He and Mr. Crenshaw met with the Zoning
Administrator to see if there .was a mechanism for someone in Mr. Crenshaw's
position to obtain~a waiver or temporary permission to move onto a site and
February 19, 1992 (Regular Night Meeting)
(Page 7)
M.B. 40, Pg. 143
begin the use without a special use permit. They were informed that there are
no provisions in the Ordinance to cover these circumstances. Mr. Crenshaw
made every attempt to move this request along as quickly as possible. Mr.
Crenshaw violated the Ordinance because he was confident that, due to the
nature of his contract, he would no longer be operating National Car Rental if
he had terminated the use between the time he had to move from his previous
location at Pantops Texaco to the time that this could be considered by the
Board. That would have resulted in unemployment for himself and his employ-
ees. Mr. Crenshaw has no problem with the conditions recommended by the
Planning Commission. There being no other public comments, the public hearing
was closed.
Mr. Bowerman a~ked if there are, any provisions in the Zoning Ordinance
which would provide temporary measures to accommodate a business that is in
transition from one location to another location, without the business having
to violate the Ordinance. Mr~ Tucker said notthat.he is aware of~ It would~
be difficult, to provide,~for~this in the Ordinance~ because in effect it would
be a variance which is the responsibility of the Board of Zoning Appeals
(BZA)~.~..He suggested staffiook at a possible amendmentthat might help this
type of ~situation'should it arise, in the future. Mr. Bowerman asked if this
particular situation could ~have been addressed by the BZA through.a variance.
Mr. Tucker was not sure. Mr. Bain felt that should,also be looked, at.
Mr. Bowerman said he supports the request and does not intend to allow
the zoning violation to-prejudice his opinion. ~.
Motion was then offered by Mr. Martin, seconded by Mr. Marshall, to
approve SPr91-69~subject~to the conditions recommended by. the Planning Commis-
sion. Roll was called andthe motion carried by the~following recordedvote:
AYES:
NAYS:
Mr~ Bowerman,~Mrs. Humphris, Messrs. Marshall,~Martin, Perkins and
Bain.
None ....
(Thelconditions of approval are set out.below:) .....
Use shall not commence until a Certificate of Appropriateness is
issued by the Architectural Review Board; and
Storage areas shall be limited to those shown on a plat titled
"Physical Survey of Lot 1, Block A, Section Two, Westfield",
initialed WDF, dated 2/5/92 (attached); andthe total number of
_vehicles available for sale or rental, shallnot exceed,sixty-four
(64) at~any~one time.
Agenda ItemNo. 8. Public.hearing pursuant to Virginia Code Section
33.1-70,01 to receive comments on the 1992~1993/1997-1998 Six Year Secondary
Road Plan which includes the use of State Revenue Sharing Funds. (Advertised
in the Daily..Progress-on February 4 .and February~ll, 1992..)
(Mr. Martin.left, the ~meeting at~7:27 p,m.) ,Mr. Dan Roosevelt, Resident
Highway Engineer, said. Section 33.70.01 of the, Code of Virginia provides a
mechanism for revising the Six Year Secondary Road Plan. Back in September he
advised theBoard that beginning in July,~1992, and. for the. next six years,
there would,~be approximately $20,240,000 available for secondary road improve-
ments. The purpose of~this public hearing is~.to review the priority~list
developed bytheCoUnty...He has reviewed..the priority-list andsupports, it.
M~..Cilimberg noted a correction for Priority #13 (Rio Road, from Berkmar
to'Hydraulic Road). The estimated advertisement date should be 7/95 instead
of 7/93~ - , ~- ....... ~ i;~-
Mr. Bain asked the status of therailroad ~crossing.projects and if they
are required to be advertised. Mr. Roosevelt. said "nO" the projects are not
advertised, and if enough funds are available to fund those projects, the
Department:works out an agreement with.the railroad. The projects are grade
crossing improvements, and are done by the railroad system.
February 19, 1992 (Regular Night Meeting)
(Page 8)
M.B. 40, Pg. 144
The Chairman opened the public hearing. Mr. Fred Gerke, a member of the
Proffit Neighborhood Association, was present to speak on Priority #33
(Proffit Road). The Association continues to oppose this project for the
following reasons: 1) increased speed, volume and heavy truck traffic would
add to existing road safety problems; 2) Proffit Road would become a defacto
substitute for the unbuilt Meadow Creek Parkway which could potentially delay
that project; 3) Proffit Road has already been labeled nontolerable due to
narrow traffic lanes and shoulders, blind curves, many driveways and other
hazards along its five mile stretch; and, 4) realignment of Route 649 would
destroy important portions of existing community sites which predate current
minimum setback standards. Mr. Gerke said because this project currently
stands outside the six year funding cycle, the Association is not asking that
it beremoVed from the priority list. If, howevec, the Proffit Road project
is moved forward on the list before the problems are addressed, the Associa-
tion will petition the Board for its removal.
There being no other public comments, the public hearing was closed.
Motion was offered by Mr. Perkins, seconded by Mr. Bain,-to adopt the
1992-1993/1997-1998 SixYear Secondary Road Improvement Plan~ Roll was called
and themotion carried by, the following recordedvote:
AYES: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and
~ .Bain. ~
NAYS:. None.
(The 1992-1993/1997~1998 Six Year Secondary Road Improvement Plan is set
out.in full below:) .
February
(Page 9)
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February 19, 1992 (Regular Night Meeting)
(Page 11)
M.B. 40, Pg. 147
Agenda Item No. 9. CPA-92-01. Piney Mountain. Public Hearing to
consider an amendment to the Comprehensive Plan to expand the Piney Mountain
Village boundaries to include an area for Industrial Service use. The area is
east of Rt 29 North, west of Rt 600 and north of the North Fork Rivanna River.
(Advertised in the, Daily Progress on February 4 and February 11, 1992.)
Mr. Bowerman presented the following memorandum he prepared outlining
some options for the Board to consider:
"Based upon the Planning Commission's deferral of this item, it is my
feeling that the Board take this opportunity to provide the State and
our community a better understanding of our economic and fiscal
~ ~.po!icies as~they ~elate to industrial development. I propose that the
· · Board take the following actions this evening:
1.-~Defer, approve or deny'CPA-92-01, Piney'Mountain, or.refer this
CPA back-to the Planning Commission for,a recommendation by ~
March 3, 1992;
2~ A Board of.Supervisors! sponsored, initiative which invites key
representatives from the State Economic Development Office, City
Council, the Chamber of Commerce: and other leaders~ of interest
groups to view, the various~ industrial locations in the County and
the City;
3.. Appoint a committee CompoSed of two members of the Board of
Supervisors, two mmmbers from the'Planning Commission and five
Citizen. members, from the.Countyto review.:and make recommenda-
tions concerning two items: the County's Economic Development
Policy and Strategies and a Fiscal Impact Analysis of Development
.on Albemarle~County,"
Mr. Bowerman said~he would prefer that the Board refer this CPA back to
the Planning Commission and request a definitive recommendation by March 4.
Failing todo that,~he would request the Board act on this item tonight and
not defer it indefinitely.
Mr. Marshall said he agrees.with some of Mr. Bowerman's recommendations,
but he 'thinks it. is imperative that the Board act on the request tonight, and
he would'like to hear comments from the public.
Mr. Bain said he thinks the Board shouldproceed with the public hearing
whether the request, is referred hack~to the Commission or not.,
Mr. Martinalso felt the Board should hold.~the public hearing and then
make the decision as to whether to defer the request or take action tonight.
Mr. Cilimberg then presented the following staff report:
"Request: The Board of Supervisors has directed staff to evaluate an
amendment to the Comprehensive Plan ,to designate approximatelyl00
acres~for industrial service,use east of Route 29 North adjacent to
the,Village of Piney Mountain (see Map 1-on file)~.
Study Description: This report evaluates the need for expansion of
the growth areas for, industrial 'use, the appropriateness of the
proposed site for industrial uses and the specific impact of the
proposed industry in terms of land use employment and spin-off deve-
lopment activity
I. BACKGROUND
~=Proposed Industry~-~The considerationof this amendment is
based on the interest of a major industrial company in
locating onthe proposed site (see. Map 1-on file). At this
time, there is only general information available on this
industry. The. industry is considering other locations in
Virginia and in other states. Detailed information will not
be provided until the company has further reduced their list
of possible sites
February 19, 1992 (Regular Night Meeting)
(Page 12)
M.B. 40, Pg. 148
The name of the company and the specific research, develop-
ment and production activities to be conducted on-site are
not known. The company has been identified as a division of
a 'Fortune 50' high technology, electronics related industry
concentrating in research, development and production of
'emerging technologies'. The company's operation and labor
force characteristics are apparently similar to several
existing businesses in the County, including General Elec-
tric, Sperry and Comdial. The company will employ approxi-
mately 700 people. A general breakdown of ~mployment is 300
research/development and management, 300 technically based
manufacturing and 100 support staff. No information has
been~provided on, the hours of operation, products developed
at the site or types of shipment to and from the site.
The company's site,,requirements include a~75~.to100-aere
parcet..~ Aone million square footlone,storybuilding would
eventually be constructed~on-site. The initial phase of
development would~be smaller (approximately 150,000 square
feet)~ This ultimate, building would require an, area of
approximately 23 acres plus parking and residual ,developed
area, Theproperty owner has indiCated that there,~are no
'unique~' requirements for water and sewer service. Some
level or, water use is required in their production process~
The water,~wouldbe recycled, and reused, The predominate use
of.water would be for domestic purposes. However, no
specific information~ concerning utility needs has-been
provided by the company.~ ~
Bo
Board's Current Policy on Comprehensive Plan Amondmonts -
Based.on,,a Board, of. Supervisors' directiveat the time of
adoption of the Comprehensive Plan, the Hollymead Community
was, evaluated in, 1989-for possible expansion. It,was
determined that~expansion,of Hollymead~was not appropriate
at that time due to a number of outstanding, issues or
additional~planning work thatneeded, to be resolved~or
completed. These issues/activities include:
1. DeVelopment of a Community Facilities Plan;
2~. Development of a CountyOpen Space Plan;
3. Development of a fiscal.impact model and analysis of
the County,to.determine impact of growth on the County;
4. Resolution of the Route 29 Bypass location; and
5. Resolution of the Meadow Creek Parkway.
With, the exception of, the fiscal impact model/analysis, all
other items here'.either been addressed.or areunderstudy
this~fiscal year
In December, 1991, the Board endorsed the recommendations in
the Annual. Report~on the Comprehensive Plan. This report
included,~a recommendation that .!upon completion of the
fiscal impact analysis, the staff should evaluate growth
area expansion to accommodate land use needs Various
locations for growth, area expansion should be com~idered,
but particuiaremphasis should ~be given .to re-evaluating the
Hollymead Community/Piney Mountain village, areafor expan-
sion potential..'
Two major requests made in 1989 to expand Hollym~ad were
deferred by,.the applicants. Both requests included propo-
sals~for,.industrial,and/orcommercialo~fice land use. Both
areas could-also be considered candidate sites for growth
area expansion and industrial land use designations. Staff
has~ consistently~recommended a comprehensive approach to
evaluating potential expansion areas to ensure that the most
appropriate expansion:areas and land uses designations are
established.
February 19, 1992 (Regular Night Meeting)
(Page 13)
M.B. 40, Pg. 149
II. ANALYSIS OF EXISTING INDUSTRIAL SERVICE AREAS
There are a total of 1096 acres designated for industrial service
use in the Comprehensive Plan. This is approximately four times
the area anticipated to be needed during the next twenty years.
To provide flexibility in the location of industrial and commer-
cial land, the Land Use Plan attempts to designate at least two
times the estimated land use needs for non-residential uses.
Therefore, there exists adequate total area designated in the
Plan to support anticipated industrial development.
The large building site required for the prospective industry
calls into question whether the available areas are suitable for
this scale of development. Therefore, staff has evaluated the
suitability of all the existing industrial areas to determine
whether,~there'are~sites that,could accommodate this scale of
development. The evaluation was based on topography, soil
characteristics, other, major environmental constraints andsize
and ownership off. parcels.
Two areas-were.found of 100+ acres, with slopes generally not
exceeding ten percent, and void of major enviror~nental con-
straints., Both sites are within the Hollymead growth:area and
Albemarle County ServiceAuthority (ACSA) service area boundaries
for water, and sewer service.
The first site, consisting of approximately 110 acres, is located
just north of Airport, Road and westlof' Airport Acres Subdivision.
Access could be provided~from Airport,Road or possibly Route29.
This site has several constraints. -The suitable area consists of
several different parcels under ~separate,ownership. Also, while
within the service areabOundaries for utility service,~ there is
limitedsewer capacity available at. the Camelot Treatment Plant
to-serve this area,~
The second site is,approximately, 195.acres. While consisting of
numerous small parcels, most of the area is under single owner-
ship..~The site is also:within-the ACSA servicearea boundaries
and sewer lines will be-eXtended through the site within the next
year to serve the'Airport. Public road access could be from
either Route 606 or Route 29.
In summary, there,~are two sites.within'the HollymeadCommunity
which,~are·,void of major:~ environmental and physical constraints,
and suitablefor large scaledevelopment. However, of these, one
site appears, to, offer the best opportunity for development with
the fewest public utility, facility and ownership constraints.
The otheris l~mited by multiple ownership:and uncertain status
ofutility service.
It has'been~.indicated by the Virginia~Department of~Economic
Development. that, from~an economic development standpoint,
industries of this type prefer the. ability to evaluate more~than
one or two prospective ,sites when making location decisions.
III. CONSISTENCY OF~REQUESTWITH COMFREHENS1-VE PLAN
The Comprehensive Plan 'leaves decisions on local·economic
development and provisionof jobsto the private sector and
leaves acreage, location and development, standards to the, Plan's
land usedevelopment:section'. Therefore, there is no non-land
use related economic development policy to ~'balance' against only
land use considerations. In contrast and as an, example., housing
affordability and availability are given significant discussion
in the Plan with multiple objectives and strategies that could be
balancedagainst strict land use considerations for its provi-
sion. For this reason, a review Such as.this for amen~t to
the.Plan is based primarily, on land~ use policy and~,provisions,
February 19, 1992 (Regular Night Meeting)
(Page 14)
M.B. 40, Pg. 150
A textually descriptive element of the Land Use Plan section of
the Comprehensive Plan is DEVELOPMENT STANDARDS. The Plan states
that: 'Development standards are intended to provide a guide to
accommodating land uses in a manner harmonious with the natural
and man-made environment. These standards are further intended
to provide a basic framework for evaluating proposals for rezon-
ings, special use permits, site plans, subdivisions and other
reviews in conjunction with applicable ordinance provisions.
While not binding or all-encompassing, these standards are
designed to preserve the health, safety and welfare of the County
and its citizens. Use of alternative measures not defined in
these standards should equally satisfy the public purpose and
intent of,this Plan.'
The following are the GENERAL STANDARDS for industrial land uses.
Each isfo!lowed by stall, comments and the request's consistency
with these~standards.
Locate industrial uses adjacent to. compatible uses (commer-
cial, public orother industrial, etc.) as opposed to
residential or other sensitive areas. Locate agricultural
and forestal industries convenient to.the, uses they support.
Where an industrial use. desires a location near~a sensitive
area, consideration should be given to.transitional, uses
such as commercial offices.
~The.proposed site is located adjacent to the Piney
Mountain:Village, the G.E. Fanuc industrial site and
other commercial and industrial uses on the southeast
side. of ROute 29. The surrounding areato the north
and.east consists-primarilyof rural residential
development.
Address objectionable aspects of an industrial use through a
combination approach including realistic perform~ce stand-
ards, buffering~and, special setback.regulations. This
approachshould be flexible so as to-accomplish the objec-
tive_without creating burdensome and arbitrary'regulations.
At time,of rezoning, the applicant should submit proposals
to'mitigate objectionableaspects.
Route~29is designated as an Entrance Corridor route.
There appears.to be anopportunity to adequately buffer
this area to minimize visual impacts by preservation of
existing vegetation along stream valleys and steep
slopeareassurrounding the proposed expansion area.
Encourage the location of industrial uses in areas where
public utilities and. facilitieslare adequate to-supportsuch
uses. Upgrading and extension of roads, water,~.sewer,
electrical, telephone and~natural, gas Systems should be
considered in review of~an industrial application~.
-This siteis non located within the ACSAservice. area
boundaries for utility service. Therefore, public
utilities are not available to this site. The Camelot
SewageTreatment Plant which serves the existing Piney
Mountain~¥illage does not,have sufficient, unreserved
capacityto support developmentof this area. Develop-
ment will require either upgrading the Camelot Plant or
provision of new, sewer lines along theNortkFork
Rivanna River and pump station to carry sewage to the
Powell Creek interceptor~
The,water supplyfor this area is theNorth Fork
Rivanna system. There is adequate capacity available
during normal weather periods. However,~there is
concern about.adequacy of supply during low flow
periods. Two alternatives can be used to address this
issue. Chris Greene. Lake can be used to supplement
February 19, 1992 (Regular Night Meeting)
(Page 15)
M.B. 40, Pg. 151
stream flow during drdught period or the North Fork
System can be connected to the South Rivanna system.
There is no favored recommendation from the Rivanna
Water and Sewer Authority (RWSA) or the ACSA at this
time. This concern will need to be addressed regard-
less of the disposition of this amendment request.
Locate industrial uses within one-half mile of highway, air
or rail transportation facilities not only for convenience
of the industry, but also to avoid industrial traffic
through residential and agricultural areas and on roads not
designed for such traffic.
- This site is located within three miles of the Airport.
Route 29 is the primary north-south arterial road in
theCounty. ~The Norfolk Southern Railroad, is located
approximately two,miles east of,this area. However, no
station or. sidings are-available in this area. Electri-
city-and gas service are, or can be, made available to
this area .........
Fire, rescue and police protection are the primary
public services potentially impacted by industrial
development in thisarea. This site is currently
served by.the Earlysville Volunteer Fire Company.
Responsetime to this area is currently 15 minutes.~
Accomplish rezonings to an industrial designation for sites
of 50 acres or more under a planned development zoning
designation accompanied by a transportation analYsis plan.
Rezoningsand development, of this.areashould be done
under_:a planned development approach,
In addition to these industrial land use standards of the Compre-
hensive Plan, the Zoning Ordinance. was recently amended to add
Section 9.0 -~GUIDELINES FOR COMPREHENSIVE PLAN SERVICE ~REAS.
These zoning provisions..provide guidelines and mechanisms for
establishment, of, service areas. Both the Comprehensive Plan and
the Zoning Ordinance, therefore, contain detailed guidelines
under which an applicant can improve the posture of a rezoning
petition and site development plan.
With the exception of available utilityservice and adequate
public safety services, this site appears to generally.meet the
locational Criteria for industrial service-areas.
It should belnoted again that there are. no economic development
standards within the Plan to measure appropriateness of this
request in terms of.consistency with economic development poli-
cies .......
IV.
SUITABILITY ~OF. PROPOSED SITE FOR INDUSTRIAL SERVICE USE
To ,evaluatetheappropriateness of~the~proposed Site for an
industrial service land use~designation, physical Characteristics
of the. site's(tOpography, soil characteristics, flood plain,
wetlands), infrastructure, and public service needs and availabi-
lity (water~sewer, transportation, police, fire and. rescue,
etc.) were analyzed.
Environmental
Soils: Elioak Loam-and Glenelg Loam are the predominate soils at
this location. The Elioak Loam prevails in the,center of the
area. This soil is deep, generally sloping and well drained.
Permeability and available water capacity is moderate. Surface
runoff is medium to rapid. Bedrock~is generally at a depth of
more than. five feet.
February 19, 1992 (Regular Night Meeting)
(Page 16)
M.B. 40, Pg. 152
Glenelg Loam is present in the eastern and western portion of the
area. These soils are deep, well-drained, and gently-to-moderately
sloping. Permeability is moderate and available water capacity
is high. Surface runoff is medium to rapid. Bedrock is generally
at a depth of more than five feet.
Slopes: There is an area of critical slopes (25 percent) in the
southwest portion of the area near Herring Creek. A large area
of slopes between 15 percent to 25 percent and 10 percent to 15
percent are prevalent in the western portion of the site. The
center portion of the site is relatively flat. The eastern
portion has a limited amount of slopes between 10 percent to 25
percent.
Perennial and Intermittent Stream/Wetlands/Flood Plains: Herring
Creek is a perennial stream located-on the western portion of the
site near Route 29 with a pond contiguous to the stream,~ The
County's Water Resource Protection Area Ordinance requires a
100-foot vegetativebuffer around all tributarY streams toretard
nonpoint, pollution sources and preserve water quality. There is
also an extensive 100 year flood plain associated with Herring
Creek.
There are intermittent streams located throughout the site.
Water Supply.Watershed: The study area does not'lie within the
Albemarle County water supply watershed.
Agricultural/Forestal Districts: There are no agricultural/fores-
tal districts located in thevicinity~of the site~
Scenic/Historic: -Route 29~ is a designated Entrance Corridor
road. TheEntrance Corridor Overlay District generally consists
of.areas visible up to 500 feet from an Entrance Corridor. road or
on,~the entire parcel adjacent to the~road., whichever.is greater.
The intent of the Entrance CorridorDistrict is, to preserve the
County's natural, scenic, historical and architectural resources
along these designated roadways. The County's Architectural
Review Board (ARB) reviewsall proposeddevelopment within an
Entrance Corridor district.
A:cottage located next to the former Mountain View School on
Route 600, just west of the site, was formerly a cottage for the
teachers at the school. A typical dwelling of its period, the.
house is recommended for the National. Register. Also, there is a
cemetery located within this area.
Due to the elevation of the area alarge'scale development could
be visible from extended areas to the east..andwest~of this site.
Site development and building design, should be Sensitiveto the
potential visual impact,to thearea. .
PUblic.Facility:
Police: This area is. located in Police Sector C, Police track-
ing calls indicate that 27 percent of all calls originate from
the northern-urban area and Hollymeadalong th~,Route. 29 corri-
dor. To-reduce response time to this area~and processing time,
the CommunityFacitities Plan recommends a police.substation in
the Hollymead area,. This project is in the FY-1992-93 to FY
1996r97'~CapitallImprovements Program (CIP) and construction is
scheduled to be funded in FY 1995-96.
Fire and Rescue: The proposed industrial service area woul~ be
served by the. Earlysville Volunteer Fire Department, Earlysville
is~equipped.with two engines, one tanker and two brush units. In
addition to Earlysville, the Stony Point Volunteer Fire Depart-
ment would respond since any fires from this site would be
classified as a structure fire. The Community Facilities Plan
recommends~a response timeof five minutes or less to all growth
February 19, 1992 (Regular Night Meeting)
(Page 17)
M.B. 40, Pg. 153
areas. A minimum response time to this location is approximately
15 minutes.
In order to provide the necessary fire fighting capability to
this area, an aerial truck would need to be provided. The City
and County have a contract where the City agrees to provide
supplementary 24-hour protection to the County. The City owns an
aerial truck and will provide service to the County if the
required staffing is available and the truck is not needed in the
City. Estimated response time of the aerial truck to the pro-
posed site is 20 minutes.
At this time, theCharlottesville-Albemarle Rescue Squad (CARS)
provides Advance Life Support (ALS) and Basic Life Support (BLS)
to the site. The Earlysville fire station also would provide BLS
through its.'First Responder' Program. Responding with Emergency
Medical Technicians (EMTs), they are simultaneously dispatched
with rescue squads. First responder units provide only BLS. The
estimated response, time for. CARS is 18 minutes, andthe estimated
response time for Earlysville is 15~ minutes. The Community
Facilities Plan recommends aresponse time to emergency calls of
four minutes'or less in growth.areas,
The Community Facilities Plan recommends a new ~fire station to
serve the Hollymead andPiney Mountain areas. ~In addition, the
inclusionof a rescue squad would be considered with the construc-
tion of the fire station.
Water and Sewer: Currently this site is not inthe.ACSA, service
area boundaries,~ Therefore, water and~ sewer service is not
available to the proposed site as previously noted in Section III
of lthis report~ The Camelot Treatment Plant does.not have
available~capacity toTsupport additional development. Capacities
are available inthe North Fork Rivanna water system, except
during low flow periods.
The options to provide water service include:
,-Extend waterline from the Soutk Rivanna-Treatment Plant and
pump water' to the site and mothball the North ForkRivanna
Treatment Plant; or
-Upgrade North Fork Rivanna Treatment Plant and utilize Chris
Green.Lake as the supplemental water supply reservoir to
augment~the stream from the North Fork Rivanna River~,
Current usage or.the North Fork, Rivanna River Intake is
estimated at approximately 130~000 gallons per day~ The
system iscurrently operational, only.two to.three times a
week.. ~
ACSA and RWSA have no recommendation at this time as to which
option~to pursue. However, thesituationwill have to be
addressed regardless of whether this Plan amendment is approved
or not ....
The optionsto provide sewer include:
-Eliminatethe Camelot, Treatment Plant and pump sewageback
to the gravity line.atForest Lakes. This is less costly,
but. will onlyserve a limited area;
-Extend, the, sewer interceptor down the North Fork Rivanna
River~ to servethe entire drainage basin.. This is,the~most
expensive, but serves the greatest area; or
-UpgraRe~the Camelot Treatnnent Plant to, support growth area
development within the NorthFork Rivanna River drainage
basin.
February 19, 1992 (Regular Night Meeting)
(Page 18)
M.B. 40, Pg. 154
The ACSA and RWSA have no recommendation at this time as to which
option to pursue. The method of providing service to this area
will be dictated by the ultimate area to be served. RWSA, ACSA
and the Board of Supervisors have previously stipulated that
incrementally expanding this treatment plant every time there is
a new development project is not to be the solution. The special
use permit issued for the last expansion of the plant stated
there would be no further expansion of the facility.
TRANSPORTATION
The site has access to Route 29 at two points. The best location
for access is at an existing crossover at the southern end of the
expansion area. This crossover will ultimately serve the second
access to Briarwood Subdivision and existing commercially-zoned
land on, th~west side~ of Route 29, Grading for entrance at this
location, including a stream crossing, has already been developed.
Traffic generation for 100 acres, of industrial service will
depend on the characteristics ofthe industry (hours of opera-
tion, shift~work schedules, shipping demands, etc.). Traffic
generation for 100 acres of-manufacturing-to light industrial
uses could range from 3880 to 5180vehicle trips per day. The
traffic impact from the proposed industry is estimated to be 4700
vehicle~trips based on the available information. There is no
information at this time on the level of shipments anticipated.
Designation of another employment center area in the northern
portion-of the CoUnty may have implications on ultimate road
network needed, to serve this area. The location-of ahigh
traffic generatorm~y reqUire VDoT and: the CoUntyto reconsider~
the scope of proposed road improvements and needs for other
projects, including:
-Ultimate alignment of~ the Meadow Creek/Timberwood Parkway;
-The need and timing of~'future improvements to Route29'north of
Airport/Proffit Roads; and · ·
-The need for parallel road(s) to Route 29 to accommodate local
traffic.
At this time, it isdifficult to provide more definitive comments
untilmore information ~on the industry is provided and a traffic
analysis can. be conducted ....
Summary.: The~physical characteristics of the site are suitable
for either residential or non-residential development. There are
large areas of slopes 15 percent and greater around the primary
building site. which would likely beimpacted, by.a large scale
development.
The primary constraints,to development are availability of public
utilities and adequacy of public facilities to support large
scale development." Prowision of major improvements,to the:sewer
system will be required to ultimately serve this site. Also,
overall improvement to the North Fork Rivanna system will be
required Police, fire andrescueresponse, times do, not meet the
minimum response.time standards for the CommUnity Facilities
Plan.
SPECIFIC IMPACTS'OF,~THEPROPOSED~INDUSTRY ......
This Plan amendment is proposed for the purpose of-accommodating
an,unnamed industry which is considering locating here. As noted
in .the background section of the report, very little specific
information has-been provided on thiscompany. Therefore, staff
is Unable.to providea detailed analysis of impacts to the
County. . .
February 19, 1992 (Regular Night Meeting)
(Page 19)
M.B. 40, Pg. 155
However, based on the information available on employment, an
est~mmte has been made of the total employment and population
growth which could be generated by this development. It is
estimated that of the total 700 available jobs, at least 275 will
likely come from outside the existing regional labor force, The
spin-off employment generated by the year 2000 from the influx of
new jobs and expected to in-migrate is 186. Therefore, the total
new jobs in-migrating is estimated to be 461. This translates
into a total population increase of 805. (461 [new jobs] x .69
[representing newly created households] = 318; 318 [new house-
holds] x 2.53 [average household size] = 805).
Of these318 new households, it is esti~mted that 80 percent will
locate within the County. Therefore, it is estimated that 324
new households would locate in Albemarle County resulting in a
population increase of 644
These are obviously very rough estimates based primarily on
general information available for the unnamed company~
VI. SUMMARY AND STAFF, RECOMMENDATION
In, consideration of~the information contained herein, staff finds
the following: ......
1, There is very sketchy information available on this request,
making full evaluation of this amendment very difficult.
Based, on-the..information provided to staff~and staff.'s
evaluation,~of the proposed,,site and alternative growth area
sites,, there do notappear to be, any significant issues or
concerns that warrant special consideration of an,amendment.
There is a large inventory of industrial land available for
industrial development, Two alternate sites were found
within the same general area of this request .that are equal
to or better for industrial development in terms of consoli-
dated acreage and consistency with Comprehensive Plan
standards. Both areas are located within the Hollymead
Growth Area and ACSAservice areas, and'bOth have similar
constraints and opportunities for development.
Other than this immediate request, there has been no general
change in circumstance since approval, of the Annual,Report
or. the-Comprehensive Plan, which includes a recommendation
to conduct a comprehensive evaluation or. growth area expan-
sions. This comprehensive evaluation would be conducted
after the completion of the fiscal impact analysis (FY
'92-93).
A comprehensive evaluations,would allow the County toevalu-
ate theanticipated land user needs and all potential expan-
sion areas and determine the most appropriate expansion
areas and land use. designations for these areas. At this
time~ it appears~,that our greatest need is for-residential
areas, particularly low density and high density areas.
Given the physical, environmental and~policy Constraints for
growth area expansion in the County, those areas whiChmay
hold-potential for expansion should be used in the most
efficient manner possible,. Piece-meal, changes in the
ComprehenSive. Plan, can. limit the County's opportunity to
efficiently plan for and utilize these, areas in the long
term.
The. Comprehensive Plan does not.have an economic development
goal, policy, or standards by which to.evaluate the~ economic
benefits/impacts of the proposal: against the land use goals,
objectives and policies~ Therefore, staff~'s consideration
is ,based largely on land use issues. Without, a clear
economic, development policy and a fiscal .impact modeling
process it is very difficult for staff to evaluate economic
benefits/costs to theCoun~y, and, therefore, provide a
balanced evaluation of this proposal.
February 19, 1992 (Regular Night Meeting)
(Page 20)
M.B. 40, Pg. 156
For these reasons, staff would not reco~__end an s____mendment to
the Plan for this request.
It has been noted in this report that, from an economic
development perspective, having one or two potential sites
for this type of proposal is not adequate. The report notes
two possible sites that are currently designated in the
growth areas. If the Board of Supervisors feels that this
'inventory' is too limited, the proposed site generally
meets industrial standards and would be acceptable on that
basis as an added industrial service area designation.
ShoUld'the Commission~and Board decide approval of this
amendment is necessary to satisfy the County's industrial
land needs, staff recommends that the following statements
and Map~l be~,adopted~asfamendments to<,~ecommendationS.~for
the Vittage<-of~PineyqMountain.
~ ~provisionof services to.this area~.~
An area east of Route 29,~and west of the unnamed
tributary of the North Fork Rivanna River is designated
for industrial.service. No development~of properties
above what is allowable under current zoning will take
place until waterand~sewerservices are: provided to
~the area consistent withRivanna Water and Sewer
Authority, and Albemarle County~iService-Authority
o · Consider, development proposal for the industrial area
east of Route 29,under a planned development approach
to.allow for the coordination of public.utilities and
facilities~.road~ accessand necessary, internalized~
.,~ support services..~:
Access to Route 29 for~ the~industrial servica area east
of,Route 29~shall.be limitedlto the existing crossover
south.of the, Briarwood/G. E. Fanuc, crossover. A second
access to the site for'emergency purposesshould, be
considered during thedevelopmentreview process.
o Route 29 is a designated Entrance Corridor route. Due
to the elevationof the industrial area east of Route
29 and its potential visibility from Route 29, as well
as potential, visibility, from, Route 600 andsurrounding
areas, development~of this area will.~be subject to
review for such visual impact.
o An~undisturbed buffer area along Herring Branch should
be provided to reduce the visual impact along Route 29.
Maintain naturalbuffers on,the perimeter,of,-~the site
along steep.slopes and streamvalleys
In addition staff, recommends the following:
1, Board of Supervisors reaffirmation of the recommendation for
a comprehensive review of growth area expansion as contained
in the Annual~Report of the Comprehensive Plan:1991,
Re,evaluation of the Comprehensive Plan's Economic Develop-
ment section to consider additional, non-land use related
goals/objectives/sttategies regrading economic development,"
Mr. Cilimberg said the Planning Commission, at itsmeeting on Febru-
ary 18, 1992, by a vote of fiveto~two deferred CPA-92-01 for no more than six
months. In conjunctionwith that,deferral,,theCommission, by the same vote,
passed the following resolution supporting, in concept, the industry as-they
understand it: ....
Based on the characteristics, limited.as they are, currently
available (size and function), unqualified support, to this
unidentified industry is pledged; ~
February 19, 1992 (Regular Night Meeting)
(Page 21)
M.B. 40, Pg. 157
This support is subject to change or withdrawal with any modifi-
cations, unacceptable to the Board, of these currently identified
characteristics; and
Contingent upon continuation of the above support, and with
complete identification of function and operation, and applica-
tion for development within a period, not exceeding six (6)
months from this approval, appropriate modifications, supporting
this industry, will be made to applicable documents and regula-
tions, controlling approximately 100 acres, contingent to Route
29 and across from the G. E. Fanuc operation.
Mr. BOwerman suggested that inthe future the Board consider holding a
j6int public hearing with the Planning Commission on items where there is
large public interest. Action could then be taken by the two bodies at
separate respective, meetings,
Mr. Marshall asked if the Commission was informed that the Fortune 500
company has narrowed its selection of a site to two locations and Albemarle
County is one of~ the locations, Mr. Cilimberg responded ,'no" Mr..Marshall
said it is his understanding that Albemarle Countyand Goochland County are
the two sites being considered by this. company,
The Chairman then opened the public hearing
Mr. Chuck Lebo, a resident of North Pines Subdiwision, said this project
could vitally affect his home. The proposed company has been equated to the
G. E.~Fanuc.facility on Route-29. G. E. is clean, well-maintained, attractive
and adds to the County's,,tax base.. If this company is similar to G. E., then
the citizens should have an enthusiastic desire to let it enter theCounty.
Ifthe company is not.as it implies, there are numerousways this Board can
keep it out of the County. He thinks it is time Albemarle County follow the
path of other localities and welcome clean industry within its bounda~.ies..
The Comprehensive Plan is not, Set.in stone. It is..a good.plan, intended for
the good of the people, and should be flexible for. the good of~ the people..
Mr. Dan Beattie presented a letter from himself and his wife (copy on
file) requesting the Board to deny the amendment. He thinks it is crucial
that the Supervisors carefullyconsider how~this decision could affect the
future of everyone who lives in the county. The sudden massive influx of new
residents connected with the mystery company would require new schools, new
roads, new police and, fire protection, He and his wife strongly urge the
Board to deny-~this request to amen&the Comprehensive Plan. He feels that a
few wealthy people.would benefit fromthis company!s presence; everyone else
would have to shoulder the burden~of increased..taxation, thus:driving up
already high housing, costs and forcing poorer people to leave Albemarle
County
Mr, Wendell Wood, theowner ofthe property in question~ said this
process started'last November with a visit from the. State Department of
Economic Development. The Department stated that there was an industry
interested, in relocating.to:Albemarle~ County. ~ A meeting was held with some of
the County staff and real estate agents to,look at Various sites in. ths
County. Five sites were. looked at and. all were found unsuitable. He then
took them to look at this site.and~ they liked, it. When he informed the
officials that this. site was not zoned industrial and informed them~ the
process theywould~have to go through, they requested him to.take the initia-
tive, see. if thezoning could be. obtained and, see if. the County is. receptive
to. their locating~ here.
Mr. Wood sail sewer is not an issue. The Camelot Sewage Treatment Plant
currently has an unused capacity of 286,000 gallons per day. This company
needs approx~mmtely 20,000 gallons. If there was a danger of not having
enoUgh capacity available in.the plant., he would eliminate: 50 houses, from his
development, There is water, and sewer.available, This~ company looked at
other industrial, sites in the County and foundthe sites not to be. what they
wanted
Mr. Wood said he-feels industry pays its way. This.company~has not asked
for any tax benefits or tax breaks. Privateenterprise builds, the roads and
other needed services. This company has been likened to G. E. Fanuc.. It is
February 19, 1992 (Regular Night Meeting)
(Page 22)
M.B. 40, Pg, 158
not unusual that the company has not identified itself. He thinks it is
important enough to this community that if this company is not who it says it
is, meaning "like G. E.", a clean industry, non-polluting, he will personally
come back to the Board and ask for this amendment to be reversed. Mr. Wood
considers h~mmelf an honest person, someone who has never lied to the Board.
In addition, the Board has the ability to delete this area from industrial
use. There is not much risk in moving forward with this amendment. If the
Board fails to go forward, it will lose one of the best opportunities that the
County has seen. This company is being sought after by many people. Albe-
marle County is currently the second choice, but it is not "down and out".
Mr. C. Jared Loewenstein, President of the Proffit Neighborhood Associa-
tion,~ saidthe Association strongly.~opposes this Comprehensive Plan Amendment
for'the.following reasons: 1) establishment of this company's facility in the
area, as described in the request, could occasion serious negative impacts in
the Proffit community; 2) increasein population may place intolerable addi-
tional strains on the transpo=tation .networks, school~ systems, water and sewer
systemsand public safety systems designed to serve present citizen needs in
this area of the County; and 3) this.request has beene.initiated with virtually
no significant~ information about the proposed facility or the company, thus
eliminating the concept of due process. The Board is being asked, with almost
no background data, to take unprecedented preemptive actionto revise the
Plan., which, if approved,.would facilitate permanently'therezoning of this.
property from rural agriculture to industrial use, even if the company being
represented decides to locate elsewhere. .If this is allowed, the,Board would
forever be at the mercy of future demands by anyone w~th slm~lar intentions.
This is aquestion of public vs.~private interests, The Association does not
seek to. stifle the expansion of industry or any other type of development~ in
Albemarle County, but to encourage, growth that is properly deliberated,
planned-and managed; ,
Ms. Sandy Snook, President, League of Women Voters, presented a statement
(copy on file) opposing this request, The League applauds last nightts
decision by'the Commission to defer action on this request, They are pleased
that the. Commiss.ione=s avoided making a precipitous decision, in~ response to
pressure and they see the. importance,.of maintaining the integritY of the
Comprehensive Plan and the amendment process. It is important to clarify that
conditional zoning is illegal, that no condition can be put on,a. Comprehensive
Plan amendment that wouldreturn the land to its original zoning~designation
if ~the mystery, company does not.locatein Albemarle County, The Commission
recognized that vital pieces of information aboutthe~proposed industry and
its impact, onthe community are lacking
Ms. Snook said the~ League believes strongly in, jobs for area residents
and in aneconomically viable community with a diverse economic base, but have
other legitimate, considerations. The League is concerned with water and sewer
service to the North 29 region, and with growth management and comprehensive
planning. Growth must~ be managed, and time must be allowed for fair hearings
with complete disclosure to permit decisions based on a comprehensive profes~
sional evaluation. Piece-meal development:, particularly under pressure, is
unacceptable..
Ms... Snook said the Board and the citizenslack.the tools.necessary, to
make a credible decision,. She commended Mr. Bowerman's earlier proposal. Ms.
Snook said that without growth management this company could use up a major
portion of available resources, sudh as permits for air quality and water
discharges, and curtail,~Other industrial or residential development inall the
Route 29 North growth, areas. Based on these considerations and the Commis-
sion's action, the League urges the~Board to deny approval of~ the proposed
amendment.~ A.rezoning of.this land from agricultural,,to industrial, must be
considered as part of a total picture. If it' is not, it is unfair toother
developers, sets dangerous precedents.and undermines the whole intent' of the
Comprehensive Plan At the very least, the.League recommends that the,Board
defer a decision on. amending, the~Comprehensive Plan until it has.sufficient
information and planning, tools to assess, the short and long. range impacts of
this change on the community. Finally, regardless of what action is taken on
this application tonight, the Board should support the_ staff's recommendation
to conduct a comprehensive review of, growth~ area, expansion., and to reevaluate
thesection in the Comprehensive. Plan relativeto .economicdevelopment.
February 19, 1992 (Regular Night Meeting)
(Page 23)
M.B. 40, Pg. 159
Mr. Kevin Cox said he is concerned about the lack of affordable housing
in the community. He believes that the affordability index is a valid and
fairly accurate barometer of a community's social and economic well-being. As
the Board may know, Albemarle County has the lowest affordability index in the
State and until the recession it was plummeting. There are two components to
affordability; one is unit price and the other is income. He believes that
the employment opportunities created by Company X and the spin-off development
could enh~unce affordability for many of the people whose incomes would increase
because of job opportunities. The current unemployment figure for this area,
from the Virginia Employment Commission, is four and one-half percent. That
percentage includes only those eligible for and currently collecting unemploy-
ment compensation. The actual number is probably double that percentage,
Regarding the concerns~thatthis company could possibly bring in up to a
thousand new people, he thinks the people who are concerned do not care what
the number is, they do not want any new residents in the commnnity. If
Company X sees something in the County that·can~ help it to become more profit-
able', more. productive, more competitive and help rebuild America's industrial
posture in this country then let. them come to Albemarle County and~let them
bring in those additional people~
· Mr. Cox said the Board needs to send, the right message, to Company X and
the people ,in the county, who needthese jobs and need this, economic stimula~
tion. TheBoardneeds to vote, in favor of this,~amendment~ ......
Mr.. Leo Casey said the seeming importance of the unidentified· company is
not a valid reason for rezoning this property. The Fortune 500 ranking does
not mean that the firm has a good,track record of being a good corporate
citizen. Ail the publicity abOut this~ facet suggests that our collective
virtue~ on land use has a price. As a~ practical matter, providing the base, for
another ,large employer to dump traffic on Route 29 North would shortly magnify
the vehicular traffic hazards thatare bad enough now. Presumably, the
Supervisors would thenhave an. opportunity, to worry about the location.of
another bypass that would bypass the,~proposed bypass. In making determina-
tions of this kind, it~is not only important to be fair, but also to be
convincingly fair.
At this point,,:Mr. Martin asked the County Executive to clarify the
difference between~amending the Comprehensive Plan and a rezoning.
Mr. Tucker. said the matterbefore the Board tonight is.an amendment to
the Comprehensive Plan. The County's process· for.land use requires that
before a rezoning can. occur, the County must provide land t?mt is designated
in the .Comprehensive .Plan for thattype of land-use; in this case industrial
land use. The area being, considered is currently shown in the Plan.as rural
or agricultural. The, issue before-the Board is Strictly whether or not that
area is appropriate for industrial land use. If the area is amended for that
land use, then the. owner could request a rezoning. Once~ the rezoning request
is made, then the Board deals, with the specifics as to the type of use .and
conditions ,that could be tied to that land use.
Mrs. Humphris asked Mr. Tucker to explain the normal sequence of events
for aComprehensive.Plan amendment and why~this request did not~ go through the
sequence,. . . ·
Mr. Tucker said. normally Comprehensive Plan amendments come..before the
Board and Planning-CommisSion. in two instances. The first situation is by
adoption of a resolution of intent to amend, the Plan by.the Board or, Commis-
sion~-- Requests .from citizens usually ,come before .the Board and Commission
twice, at year, Mr.. Wood,made this request out of sequence~because of the
unidentified company's interest .......
Mr-. Jack Marshall, President. of Citizens for Albemarle, a local..organiza-
tion~whichhas worked for 20 years to protect the physical and historical
environment of Albemarle County, spoke next·. They know that the Board, like
the Commission, does not take lightly a modification of the Comprehensive
Plan. The, Plan, thoughtfully developed by.residents who know and love the
County, keeps us from lurching after each new glittery idea or succumbing to
the short term self-serving arguments of individuals who may not always have
the community's larger and long-term interests in mind. The last time the
community was tempted to make a significant change in the Plan,~i,e., the
February 19, 1992 (Regular Night Meeting)
(Page 24)
M.B. 40, Pg. 160
Hollymead Community expansion, the Board decided to wait until it could see
that change in the larger context of other cumulative changes. The Board
recognized the value of delaying a decision until it had the perspective that
would be provided by three staff studies that were and still are not yet
completed. To many, it is not clear why the Board feels obliged to move with
such haste on this issue. He guesses it is because the developer has persuad-
ed the Board that the phantom company would bring much needed jobs to the
unemployed of the Albemarle/Charlottesville community. If we knew and could
believe that at least 80 percent of the alleged 500 new jobs would go to the
currently unemployed residents of the County and City, it would be hard to
object to the new plant unless it caused serious environmental pollution.
Citizens for Albemarle is concerned about the poor and unemployed, but there
is no'way to insure:,that they are the~.ones who would get the jobs when the
company appears, over two years from now. He asked the Board to think about
who the unemployed are and see if they are really the ones likely to be hired
by the phantom company.. He'asked whatwould happen if the company suddenly
brought in hundreds ofnew residents. If this were a stagnant community with
no. new buildings or no new additional consumers~coming into the:marketplace,~
such an influx might be welcome, but Albemarle has a dynam~c and steadily
growing population. In the last 20 years Albemarle have expanded 80~percent~
with the addition~of over 1000 new residentseach year, and the population
will probably double, in the. next 30 years. Data from the County indicates
that every year for the next 40 years there must be an average of between 450
and 580 new houses constructed in the County. There have to be new schools
built., new roads and new social services provided. There are costs and
benefits of the additional growth that, the company would bring.
Mr~ Marshall said~ despite what the Board may hear, this company will
bring significant growth~because it will not hire predominantly local unem-
ployed people. Equally important, there is no way this community, once the~.~
company is here,~ cankeep the company from bringing its workers from OUtside
the~area. He urged'the. Board~ to think seriously about this request and vote~
against the proposed amendment. He then asked the.number-of-persons present
in.oppositiOn to the proposed amendment to stand~ (approximately 60 people
stood)
Ms. Jane Dittmar, President of the Charlottesville/Albemarle Chamber of
Commerce, introduced several members, of the Chamber who were also. present.
The Chamber represents 850 area businesses, and the working men and women of
this community. They are here .tonight to ask the Board to,.amend the Compre-
hensive Plan for this request. This, company is not identified by name because
it wishes to remain anonymous at this time. Until the company has selected
the communityin whichit wishes to relocate, iris not-making an announcement
to thecommunity it is leaving. If one of the local Fortune 500 companies
announced it was leaving,.she and many. community leaders-would be.relentless
in pursuing them and asking them--to.stay. -This company wants to avoid-thatat
this time~ According to~.the~Virginia Department of Economic Development, the
company is~high-tech, state~of-the~art~ internationally,focused; .the company
W~ll bring people, in from all over,.the world to~ look at its facilities and
functions; and, the company will employ 700 people at startup, 500 people of
whom will be hired locally. Although the company will notbe .in operation for
two years,~ it will.employ a lot.of the~ construction industry in theinterim,
Ms. Dittmar.said a four-year review of job trends, in. this community
reveals that. over the last 12months, there were 1000 fewer jobs over.the
prior 12-month period. Further, since.1988, 3000 Central Virginians,~of whom
a large majority reside in Charlottesville and Albemarle, have lost jobs to
plant closings or. major employee cutbacks. There~are certain factions in the
community ~with good intentions, but who are misguided, and who thinknew jobs
cost~ the community. This is simply not true. A decade ago this community
almost said, "go away, G. E". If the anti'growth elements of this community
had. succeeded, the:community would, have lost 1000 jobs. and $50million in
payrolls, goods,~ services and trainingrbasedtourism dollars. Additionally,
United Way would~ have~$lO0,000 fewer dollars in contributions, our community
arts program, Would have-S25,000 fewer dollars, to spend, our local, high schools
and Piedmont Virginia COmmunity College would, have $50,000 fewer dollars for
equipment and the Universityof Virginia and the~Children's Medical Center
would, have $200,000 fewer dollars to spend. This is just an example of what
larger employers contributeto our local society
February 19, 1992 (Regular Night Meeting)
(Page 25)
M.B. 40, Pg. 161
Ms. Dittmar asked the Board to not get lost in the process and destroy
this opportunity for the community. This area has not attracted a large
employer in more than a decade; but two, Del Monte and Ovenaire, have been
lost. As of today, more than 145 members of the Chamber have expressed
themselves in writing; 95 percent of these people feel the need to recruit
more business to this area and 87 percent support amendment to the land use
plan if that is needed to attract appropriate business. This company is not
only appropriate, but necessary in a town where people are hurting, where jobs
are scarce and where people have less money to spend for their goods and
services. She asked the Board to approve this amendment. The Comprehensive
Plan is designed to protect the quality of life here, not to prevent it. She
asked the Board to save the debate for the rezoning request. One of this
company's criteria iscommunity, support.. She then asked the people present
who supPort this change to stand (approximately 125 people stood),
Ms. Jean.Kolb~.said~amending the-Comprehensive-Planwill~ have, far-reaching
affects~on the County~ She is present as a homeowner. It~has been implied
thatif a person lxas~'ajob, nice place to,iive-and is opposed to this amend-
ment, he is selfish and is~trying to~,keep otherpeople away. Developers use
the natural beauty of this~county to make sales and. then after that serenity
is bought~-the.homeowner-is~ condemned for wanting to keep it that way. Some
years ago an economist with a~narrow view said a.,tree has no value until it~is
cut down. People, like herself, who arc,opposed to this amendment feel that a
tree,does have value before it is cut down. A tree-is a symbol of what~ it
means to live in rural~Albemarle County. In the last, decade there~have been
a decline of from 11 percent to 88 percent in the population of 24 ~species of
songbirds through the fragmentation of woodlands primarily for subdivisions,
roads and malls. There are a~lot~of people wholove where they live because
of values that arenot measured in dollars,. These people want to keep the
County's serenity. She hopes the Board will remember these people when it
makes its'~decision.
Mr. Robert~A. Bloch, President .of the Albemarle. County. Farm Bureau,~said
the Farm,Bureau is,.in support of jobs~ He represents_the family?farmers and
the taxpayers, who have paid .mitlions of, dollars in developing the Comprehen-
sive Plan as it exists, today, They, do not want~to sect their money thrown ~,
away. Family farms have been paying their ownway and pay more in. taxes than
they receive in services. They employ a wide range of people, .They do not
want to see. theirability~to farm destroyed and ,themore pavement~thatappears
in,Albemarle the less these farmers~will be able to.farm, They know there is
a:need~for jobs, but they do not need=to invite more people.~here for jobs. He
thinks the County should create its own j.obsand not jump into anything too
fast, The farming economy~has provided~stable employment, in all economies
whether ~recession or, boom time. Company. X is.about to leave another, community
in the lurch. Could that happen here? He does not think more development
will,lower the'taxes and provide a higher standard of living. He asked the
Board to deny this .Comprehensive Plan amendment.
Mr.. Marshall asked Mr. Bloch i£~he was representing the.farmersin
Albemarle CountY, Mr. Bloch said he is representing family farmers~he has
spoken~to, but.heis not. formally representing the Farm Bureau.
Mr;Roy Patterson, aresident~.of Crozet, said he supports the statements
made by, the League.of Women Voters and,Citizens for Albemarte~ He is..a member
of both organizations. Albemarle's relatively low, unemployment rate and
reputation fOrbeing a. goodplace::to, live are related~to goodpublic planning
in the past. He thinks it,is in the County's best interest~to continue its
policies ,of good, planning. He thinks the Board should, not make a decision
untilit gets all the information. To, make changes in the Comprehensive,Plan
and Zoning Ordinance on, the-'basis of incomplets:,information is dangerous.
Changes in planning should be~based on facts that are available.~ The-Board
needs to know the potential impact to the County.
Mr. John'Sacuto. saidhe thinks,the Boardshouid defer action on. this
request until Company X Chooses Charlottesville as. its site.
Mr. Bill Howard said he is a realtor and member of the Chamber of Com~
merce ;for the past nine years. He has had,the pleasure of wo~rking with, a~lot
ofcompanieswho have expressed-an interest~in coming to the Charlottesville/
Albemarle area. He has also, worked with, the~Governor'sOffice on. Economic
February 19, 1992 (Regular Night Meeting)
(Page 26)
M.B. 40, Pg. 162
Development. He worked with Nimbus Records who could not find a site in
Albemarle County. The County has a thousand acres zoned light industrial, but
it is not worth anything in most cases to the businesses that want to come
here. This County is losing potential industry. He recommends the Board vote
in support of the proposed amendment.
Mr. Rick Alder, a County resident and taxpayer from the Hollymead area,
said on a personal basis he does not want to see his real estate taxes in-
crease due to increased residential growth. He would prefer business fund the
tax base. He is the general marketing manager for the Centel Virginia/North
Carolina region. Centel is a member of the Chamber and supports the state-
merits made by Ms. Dittmar. Contel has 2050 employees in the region, over 700
in the Charlottesville~Atbemarle area. In 1991, Centel eliminated 125 jobs in
the.area, Many other local companies have gone through, similar circumstances.
From an economic standpoint this company will be bringing jobs to the
community~ Although 80 percent of-the unemployedin~'CharlOttesville may not
get, a majority of this company3s jobs, there willstill be a ripple effect.
He supports Company X~com~ng to the County. He does not think, the company
Would want~to relocate to the area. if the Board is not supportive,~ The
Board's.position currently is-a. barrier to entry of this company. He recom-
mends the Board amend the plan and send a strong signal to this company that
it is,welcome to come to'Albemarle, County ....
-Mr~ GrahamAnthony, publisher of the, Charlottesville Business Journal,
said~his job is to get-.his finger on thepulse of what is happening~in~the
local economy and communicate that~ to, the community. His research, for the
last six to eight months~shows that the economy isnot well. 100Ojobs have
been~lost in the last year and'3000, jobslsince 1988, In addition to the jobs..
that have been lost, home values, have been decreasing. This translates to
less net economic wealth for the consumers in our economy, a lesser, sense of
well~being andless money to go around to the merchants and other bus.iness
people in the community.. The net affect of,all of this is substantial unem-
plo]anent and dramatic underemployment. ,The employment:opportunities here are
bad. Young people have .been chased from this, communitybecanse of lack of
opportunity., This area needs jobs., He asked, the Board to vote for 'this
amendment.
Mr. Chris Gleason, a ,resident of Albemarle County, recommended that the
B0ard-'approve~thisComprehensive Plan amendment. He feels, the approximately
500 jobs that would be created wouldhelp stimulate, the economy, not to
mention.~boost the real estate marketthat a few~ hundred personnel transplants
would offer. (Mr., Bain leftthe meeting at 9,:.05 p.m,) Allowing an environ~
mentallysafe company would help provide the community with the economic
growth and stability it~needs and deserves.
Mr. Cecil Morgan~ said there are three reasons for~approval of this
amendment. A golden:opportunity for jobs~ jobs and jobs. Other. communities
are paying cash to get businesses such as this~into their~area., He would like
to see theBoard approve this amendment~so'that this,company could come here
and and bring jobs.
Mrs. Peggy Sacuto, a concerned resident, said it seems this amendment is
bringing "the cart before the~horse". The only reason the, Board is discussing
this change in the Plan is to accommodate ~a.?supposed"clean industrywhich
will provide jobs. (Mr. Bain returned to the, meeting at 9:,08 p.m.)~ The Board
does not know if this industry is .actuallyrelocating here. If the Board
amends the Plan.without conditions, it.will give this developer his 100 acres
of highly developable industrial propertyalong Route 29 and the!Countymay
not get a~single job or the~industry here. There is much discrepancy in the
information provided. If the Board's main position is to provide jobs, then
it needs to find out, whether the company, is coming here. She. asked'the Board
to give the company time, to ~select this site before approving ~the amendment.
Mr.iW. A, Pace:said he believes this property:should have~beenproperly
zoned industrial years ago. This site is adjacentto other uses of the same
type. With the business problems in this community, the Board should not
hesitate to approve this use, so,the industry.can move forward. He thinks
there~needs to be a committee formed to determine,.what kind. of industry would
be suitable for the, County and where is a suitable location. .He, asked the
Board to vote in-favor of ~his amendment.
February 19, 1992 (Regular Night Meeting)
(Page 27)
M.B. 40, Pg. 163
Mr. James Berry, a resident of Ivy Farms Subdivision, Regional President
of Jefferson National Bank and a member of the Board of Directors of the
Chamber of Commerce, asked the Board to vote favorably for this Comprehensive
Plan amendment. Jefferson National Bank has been in business in Charlottes-
ville since 1914, has always been a leader in the community and hms always
been involved in economic development. Jefferson National Bank h~s 89 offices
across the state and in each of their offices they encourage their employees
to be involved in economic development because they know what it means to the
vitality of a community. Jobs are important to people and that is the reason
they have taken this stand. It is not unusual for an industry to not state
its name. It is not unusual to amend the Plan; the Comprehensive Plan is a
guide; it is not set in stone, and is not a document that one must live by
without any variations~,.~The BOard needs to look at the broad picture, and
what. this means to the whole area. The Board has an obligation to provide
jobs in the community. If jobs are not provided and opportunities available,
the County will see an increase in the welfare rolls.
Mr.-Ward S~mm, a 30-year~ resident of Albemarle, urged the Board to
support~ this amendment, and to bring a responsible and timely means to. this
solution. He supports the statements made by the previous speaker.
Mr. Bob Brugh~.~a citizen of the County, urged theBoard to givethe~
applicant all its support and approve the amendment. He dOes not believe this
newindustry would relieve all of~ the unemployment, but it would help the
quality~of life.
Mrs, Virginia Paul, a County resident, said she is concerned about
perception versus reality.. (Mr. Bowerman left the meeting at 9:21 p.m.) She
thinks the County needs to look at this more realistically~ If it sounds too
good to be true,, usually it is.. She urged the Board to weigh carefully the_
ramifications Of~water, pollution, traffiC and sewage. She urged the Board. to
vote against the amendment. (Mr. Marshall left ~the meeting at 9:23 p.m.)
Mr.. Wilson Cropp, a, County resident, expressed support for the. proposed
amendment. (Mr. Bowerman returned, to the meeting at 9:25
Mr. Charles.Myer, a County resident, said tonight's action bythe Board
will be significant to,the County regardless or.which way it votes.~ ~He, asked-
the, Board to approve, this request and tomakea clear, statement to, the uniden-
tified,industry that we want them. He believes this amendment should be sup-
ported for the following reasons: 1) growth is not an issue, replacement is
the issue, i000 jobs have been lost; 2) economic issues are important to
people; (Mr, Marshall returned to the meeting at 9:26 p.m.)-3) this is a
divided community between the rich and the poor; 4) people do not want more
taxes; 5) the County,aeeds money to~ fund.all.its requests; and 6)-there needs
to be balanced growth, both_business and personal., Re asked the Board .to be
remembered as the Board that "landed" a high-quality County employer, taxpayer
and corporate citizen, not be the Board that turned it away.
Mr, HunterCraig said he,has heard a lot of mention about the "phantom"
company. He has spent numerous hours working with this company; it is real,
it likes the Charlottesville~area and it,wants to. come to AlbemarleCounty.
He offered them 90 acres~which is located in the, growth area, with~water~
sewer and adequateroads, but theywere notinterested.. This community needs
the jobs this company can bring .....
Mr, TomOliver, aresident off'the Scottsville~District, who raises~sheep
andwrites computer software,~said everyone is aware that Albemarle isone of
the:most desirableplaces in the United States for many~peopleto live. His
wife is a native of Albemarle andthey moved back here.ten years,ago, in part
because-this is sucha lovely place to live Albemmrle's naturalbeaUty<.has
been protected for a long timelwhichhas'been~ enjoyedbybothwhite~and blue
collar.occupations,,Uniquely, one can find a balance here between enjoying
both the pleasures of civilization and nature. Development threatens this
kind ofbalance. -He does, notbelieve growth, is inevitable, ,,Healso believes
growth can destroy the balancebetween nanure and civilization that so many
people value. ~ He thinks that. the argument that development will generate jobs
is false .... When an area is developed, a. need for more, jobs is generated.
February 19, 1992 (Regular Night Meeting)
(Page 28)
M.B. 40, Pg. 164
Mr. Oliver said he thinks there are many opportunities to develop and
generate jobs within the existing framework. He is more concerned that the
county is not more actively involved in revitalizing the agricultural sector.
He urges the Board to deny this request to amend the Comprehensive Plan.
Mr. C. Timothy Lindstrom, representing the Piedmont Environmental Coun-
cil, said this is the first time he has spoken to a Board where he is abso-
lutely convinced that every mind is made up. In all the years he was a member
of the Board, his mind was never made up. He alWays made notes during the
meeting. Last night at the Planning Commission meeting he saw people pull out
prepared speeches which had obviously been prepared beforehand. This is a
decision being made in utter ignorance; he cannot believe that ~after all of
the years that ~ome~'.of the Board members participated in the planning process
that they are willing to throw it away over some of the same old arguments.
All the Board and public know is that there is a million square feet of
industrial space needed. It appalls him that this Board could bewilling to
make a change in-the Comprehensive~Plan, with the potential,magnitude of change
for this community as~proPosed here~when the staff does not support this
change and the Planning Commission is under strong pressure from the develop-
ment community. He can discern no emergency in this community or change of
any substantial nature that would necessitate suchan action.~.
Mr.~ Lindstrom ,said the unemployment rate in December is exactly what the
average unemployment rate in thisCounty has been for-,the past 12 years. He
urged~the Board to,take the advise of staff~ or at. least the Commission, and
defer action on this request. There is plenty of land already zoned for this
type use in the COunty. There is no need to encourage this kind of change.
This amendment is outof context and out of keeping with everything that this
community has worked successfully towards for the past 12 ,to 15years. This
is avery serious change and he hopes the Board, members minds are a lot more
open'than they appear to be,
Mr~ William Nitchmann said he is a concerned, citizen and businessman .in
the community. Tonight the .Board is being, asked, to,address an issue that
cannot wait for tomorrow, next week or next month... Pos.itiveaction must be
taken.by eachmember if this community is going to have, any~opportunity to put
back to work over 1000 individuals who have lost their jobs during this
recession, a recession that has yet to run its full course. This Board~ has an
opportunity to, send a powerful~, positive statement to a Fortune 50 company
that, has,~.narrowed its. selection, down to.Albemarle County and one Other, county
in ¥irginia...(Mr. Martin left the meeting at,9,:39 p.m.) This information was
not known by the. Planning Commission last night when it made,its decisiOn to
send. a~ strong, positive resolution thattheyare willing to work with this
company. This community, hasa pool of skilled, well-trained, unemployed and
underemployed individuals who are unable to practice their skiiis because of a
lack of jobs. He has had to lay off six such individuals. This Board has the
opportunity tonight to give these individuals hope; hope that the years of
training that made it possible for them to, earn. a living commensurate,with
their knowledge and capabilities,, will once again offer them a. job theycan, be
proudof and eager to go:to each morning,, and will bring their level of income
back up to the standard of living, they have worked so hard to achieve.
. Mr.~Nitchmann said he understands that thousands of hours of work have
gone into developing a plan for the growth, of this community,. He alsoknows
that one of the key parts of any plan is the, ability, to alter its strategies
in order to adapt quickly to unforeseen changes. Hesupports the-Comprehen-
sive Plan as it was meant to be aud..that is as a guideline.to follow and as a
set, of goals and, strategies,to be referred, to so that everyone is, following
the same rules. The, Board has the abilityto~modify the Plan based, on an
opportunity and knowledge that, was not available to the individuals who
drafted it.-An opportunity to, have a Fortune 50 company to considerthis
community as a site for its operation should be coveted and the ~Board should
not hide behind a plan, This company is not going to wait for the CoUnty. to
make uP. its mind.. There are other communitiesthat will anxiously "roll out
the, red carpet" for a clean industry, that would directly generate over 500
jobs for its citizens. The jobs-that will be created will be only, the tip of
the iceberg. A company of this size will directly affect the services of many
other businesses; printers, restaurants, hotels, janitorial services, etc.,
(Mr-. Martin returned to the meeting at 9:41 p.m.) He encourages the Board..to
amend the Plan, for the good ofthe.lworking class in this commun, ity
February 19, 1992 (Regular Night Meeting)
(Page 29)
M.B. 40, Pg. 165
Mr. John Hermsmeier, a County resident, said he has lived in this area
for ten years. He agrees with Mr. Wood that we need to think of the children
in this community, and he believes that we think of them when we plan for
them, not just for their employment, but for the quality of life they will
lead in the future that is both healthy and sustainable. As a child in
Fairfax County he played in woods which now have become Route 66 and a town-
house development. The forces that helped create these developments were
either caused by or the result of added jobs. He lives in Albemarle County
because of its quality of life. He hopes the Board will support the Compre-
hensive Plan as it stands because it is designed to protect our quality of
life.
Mrs. Frances Lee~Vandell Said shethinks the Board needs to think about
protecting the interests of G. E. when making this decision.
Ms. Heien'Schwiesow said it has been. said many times that this~.company is
not going to,want to come to Albemacle,if. we do not open~ our arms~and say come
on. Although we have speeded up the~process, we have-not exactiy opened our
ams. ~Albemarle went. from being one of~293 potential sites without, opening
ours arms;~and then went to one of five without, opening arms. She does not
understand why the Board cannot go ahead with the resolUtion suggested by the
Commission~ The history of this project.suggests that the Board does not have
to do anything outofthe ordinary, nor does it haveto proceed with this
amendment in the dark. She suggests the~Board think aboutwhether this
process is actually necessary, at this time. . ·
Mr. Craig Van de Castle, a County resident, said it seems to him the
Board is acting:hastily~ in-not: doing thestudies the Planning staff feels are
necessary, He feels the Board should wait and review this request in the
proper format. There are a lot of costs that are going to continue to rise,
i.e., sanitation, ~sewer, education, etc., associated with this kind of growth.
If the company is serious about, relocating to Albemarle, then it should be
willing to.wait the time necessary to make sure that a wise and informed
decision-is made. . ~
Mr. Paul Hartman, a County resident, said, he isconcerned.about the
environmental and.safety impactthis company could have on the county. He
h0pes~theBoard~will deny this amendment to.~the Plan .....
Mr. George Travers, a County resident, said all the Board is being asked
to do tonight is to make it possible for this industry~to ask for a rezoning.
When it comes back for rezoning, the, Board can ask all the questions and will
have, cOntrol by requiring conditions. Route~29 North in front of, G. E. is not
a crowded thoroughfare.. The property is nothing but woods. Although woods
are beautiful, he would rather see jobs in, thosewoods~
Ms Stephanie Kerry a commercial lender for a local bank, said she has
clients in retailbusinesses, who are contractors,~ etc,~, andwho are looking
for_a,small opportunity for things to start happening in this community again.
This Board has a rare opportunity to be proactive, to turn this economy around
and to make a difference, instead, ofwaiting and,-hoping, it, will turn around on
its.own~'~A lot~ of communities would jump at this opportunity and she thinks
Albemarle needs to take, advantage of it because of the far-reaching implica-
tions.
Mr~,,Fred Gerke said no one knows,whatkind of jobs this companywill be
offering,.or ifthis is a company looking to come to Albemarle for, low wages
and looking to escape union wages up north,~ There are lots of questions that
need to be answered, before~moving forward~
With no one else rising to speak, the public hearing was closed.
Mr. Bowerman again~said he would prefer the Board refer the request back
to the, Commission and request definitive-action by them by March 3.
~ , Mr. Martin said he-would like the BOard to-take a vote, on this request
tonight. He has listened to, all the comments, and many innuendoshave been
made primarily about himself and~ Mr, Marshall.since they were~ theleaders in
instigating this. He is a blue collar worker. He is not wealthy, nor is he
poor. He is concerned about housing and jobs. His wife works everyday ~n
February 19, 1992 (Regular Night Meeting)
(Page 30)
M.B. 40, Pg. 166
order for them to be able to afford their home. Some people would not want
this company here under any circumstances and some people would accept the
company no matter what. He is willing to entertain the possibility of allow-
ing the company to come here, but only if it meets some stringent criteria.
Mr. Martin said in amending the Comprehensive Plan, the Board is making a
gesture. The Board is saying that this land can appropriately be used as
industrial. Even if the land is rezoned to industrial use the Board could
deny any proposed use it felt was not in the best interest of the County. He
thinks the Board needs to continue this gesture and move forward on the
amen~nent.
Mr. Marshall Said he has been:a leader in this community for many years.
He ran-for this office 16 years ago and he lost because he had the same
beliefs then that he has today. The reason he supports this amendment is
becausethe Board Still has the authority to. deny the rezoning.~ tfthe
company will bring, jobs and be beneficial to this, County, he willsupport it.
He,is a realist, not an idealist. An idealist realizes that there, must be
jobs. Anybusinessman knows that in a capitalistic'society onemust keep
business healthy, wealthy and wise,~ and there must be orderly growth in order
to survive. He wants that for this~ community. He does not want the beauty of
Albemarle County destroyed and he will never vote for anything that will do
that-. He, is supporting this amendment on thepremise that this company is
what it says it is and if they are not, he will not vote for~the rezoning. He
is only trying to do what the people elected him to do.
Mrs. Humphris first apologized to the people who are not present tonight
because many of them thought that,sine~ the Commission deferred action last
night., the Board would not be hearing the request., This Board has been asked
to amend the Comprehensive Plan outside, of its established procedure in order
toquickly accommodate, the request of a landownerfor a tract:of land not
shown in. the Plan for growth at this time. Subsequently, there would be a
request to rezone the land to indUStriaL usefollowing the amendment.
Mrs. Humphris said the~mystery company probably wants to come here
because they like the way we are. The Board has always planned;for Albemarle
County in a careful and orderlyfashion in an attempt to insure as~ attractive
and as good a place to, live in the~ future as, today. That is.the responsibili-
tyof this Board of Supervisors and that, is the purpose of theComprehensive
Plan, The.Plan provides the predictability~and stability to the County that
is one of its greatest strengths. That predictability and stability is of
tremendous value to those who contemplate a move here as well as those who are
already here. The~ mystery company must surely be aware of the value of the
County's planning process. Any effort, to subvert that Plan. is an affront to
all of the-thousands of citizens who have participated for almost 20 years-to
see that the necessary land use plan is in place with appropriate procedures
for~amending and changing that plan. The Plan, with its appropriate support-
ingzoning regulations and infrastructure, has been made availab]e by this
County'staxpayers to provide for the growth that will continue to come to
Albemarle.
Mrs'. Humphris~said themystery company might be a goog neighbor, but. We
do not know how good a neighbor it is where..it .is located now. We do,not know
why the. company is leaving its present location. We do not know what~the~
company'is teavingbehind, i.e.~, employment, pollution, etc. We have no idea
how many people they eventually intend to=employ here. We are-unable to
impose~any restrictions on their,hiring our unemployed and our underemplOyed
much as we might like. to. We have absolutely no idea of~ the impact this
mystery_ company.might have on our taxes, our transportation system and, our
land, As good~a neighbor as G. E. is, the property taxes in.her neighborhood
have increased 30~percent.. Water and sewer needs will be impacted. One issue
not brought up. tonight was a recent 1991 studydone on water and sewer~needs
which~highlighted the need for replacement of the Camelot plant by 1996
because it will have reachedcapacity. All of these things are impa~ted by
not, only the company's employees, but also by the spin-off jobs that are
created and the pressures for other companies to locate here that would also
be a result. ~It' is quite understandable that so, many of the people who.spoke
tonight who stand to directly profit by~ this mystery company coming to Albe-
marle would~ stand before the Board and make their case for jobs and profits.
Jobs~andprof.its are~certainly to be desired, but what about the possibi%ity
February 19, 1992 (Regular Night Meeting)
(Page 31)
M.B. 40, Pg. 167
that what'may happen here might be to the detriment to the rest of the citi-
zens, those who are not going to benefit directly by these jobs and these
profits. It is the Board's responsibility to be knowledgeable. It is the
Board's job to know the facts before making~a decision. It is the Board's job
to determine whether the decision it makes is in the best interest of the
large majority of the citizens of the county and not just for the benefit of a
few. If these decisions are not made fairly and responsibly, the burden will
be on all of the citizens. To make a decision based on a total lack of
information, such as might happen here tonight, would probably be worse than
this Board having an illegal meeting in a smoked filled room behind closed
doors. No one even knows if this company is too much for Albemarle County to
handle right now. She asked if this move to preempt the planning process was
fair to.thosewho have,made proposals to,the Board in the proper manner and
then had:to wait until the proper time to proceed. She does not think that
this Board can simply be a government of impulse, pressure and emotion. She
feels that this~must bec government of fact and, of deliberation. Planning
and preparing for growth iSthe only sensible approach,. The .beauty of the
County and the infrastructure provided by the taxpayers have made this a place
where everybody would love to live, She does not think the Board-has the
necessary facts to take action on this request tonight.
Mr. Bain felt there needed to be more information on the company,. He
likes the fact that the area being, requestedis outside of the SOuth Fork
Rivanna Reservoir and that the area is close to a recognized growth area. He
thinks that when, an amendment comes before the Board in the future, it should
be accompanied by the, rezoning request. There issuch a lack of information~
available and this procedure is outside, a process that the Board has been
following for years. There are critical issues,~i.e,., water,.,sewer, etc.,
that need to be examined before making an amendment such:as this.-iThose'
issues do~ not take a lot of time to study. He does not think"this is some~
thing that should-be considered lightly because~approval of this request is a
commitment. He cannot support this proposed amendment at this time. He
thinks there needs-to be~ a fiscal impact analysis done immediately.
· Mr. Perkins thanked the, people who called him and sent letters. Most of
the calls were in opposition to the amendment. He thinks the Board is making
a decision on Whether it wants more information. Any information not avail-
able at this time can be made known when the rezoning request is filed. He
will suggest an amendment to theComprehensive Plan.
Mr~ Bowerman said he thought, the issue raised by the staff that this
company looked at land zoned industrial and for one reason or another found it
all-lack~ng is an important consideration, The area chosen by the, company is
relatively available~to water and sewer, adjacent to one industry and across
the road from another industry,. This use could fit in that area~ Mr,
Bowerman, said'this~Board has initiated. Comprehensive, Plan~amendments,on~ its
own"initiative. Although ithis is out of the ordinary~ procedure, it isnot
foreign to,what the Board has done in the past° Also, rarely, if ever, have
all the specifics of an industry or a company been known when an amendment is
made to.zOne, ]and industrial or commercial. If this amendment is approved and
two weeks from now this "mysterious" company has disappeared, under no circum-
stances would he vote to rezone the propertyon.a speculative.basis,
thinks it is a mistake,to lose this opportunity, by,denying the amendment., As
hestated,_earlier, he would prefer to send this request back to the Commission
and get a recommendation based on available information with the understanding
that additional, information will be available~ when the applicant requests the
rezoning. ~ He, is not willing to defer action on this petition, but-he does not
like the idea of taking action when theCommission has,deferred action.. If a
motions, to refer this back~tothe Commission is. not approved, he will support
the amendment. To. his.knowledge, the Board has never acted on a request that
wasdeferred by the Commission
Motion was then offered byMr~ Martin to amend, the Comprehensive Plan by
adopting rhea mended Map 1 for~the Village of Piney Mountain Land Use (on
file) and, the following amendments to the "Recommendations" section of the
Village ofPiney, Mountain:
1,. An area east of Route 29 and west of the unnamed tributary of the
North Fork Rivanna River is designated for, industrial service.
No development of properties above what is allowable under
February 19, 1992 (Regular Night Meeting)
(Page 32)
M.B. 40, Pg. 168
current zoning will take place until water and sewer services are
provided to the area consistent with the Rivanna Water and Sewer
Authority and the Albemarle County Service Authority planning for
the provision of services to this area.
Consider development proposal for the industrial area east of
Route 29 under a planned development approach to allow for the
coordination of public utilities and facilities, road access and
necessary internalized support services.
Access to Route 29 for the industrial service area east of Route
29 shall be limited to the existing crossover south of the
Briarwood]G~ E..Fanuc crossover. A second access to the site for
emergency purposes should be considered during the development
review process.
Route29 is adesignated Entrance Corridor route. Due to~ the
elevation of the industrial area east of: Route 29 and its poten~
tial visibility, from Route29, as well as potential visibility
from Route 600 and surrounding areas, development of this area
will be subject-.to review for such Visual,impact.
5. An undisturbed buffer area along Herring Branch should be pro.-
vided to.reduce the visual impact along Route 29. Maintain
natural buffers on the perimeter of the site along steep slopes
and stream Yalleys.
Mr. Marshall.seconded the, motion..
Mr. Perkins said. he thinks it is important that the Board proceed with
this and that timing is. essential.
Mr. Marshall said he.thinks it is .important that the Board support~ this
amendment because change comes with the times .... The Board may be. stepping
outside the normal process but in order to maintain a viable economic base, it
needs to be assertive in its thinking and support, this amendment:.
Roll was called and the motion carried by the following recorded vote:
AYES: Messrs.~Bowerman, Marshall, Martin and Perkins.
NAYS: Mrs. Humphris and Mr. Bain.
Mr. Bowerman asked~the Board to address the proposal he made at the
beginning of the meeting anddirect staff,to report back to the. Board on,March
4. ~The Board agreed to get a report back from staff on the following two
items:
1. A Board of Supervisors' sponsored initiatiV~ which invites,key
· representatives from the State Economic Development Office, City~
Council, the Chamber,,of~Commerce and other,leaders of interest
groups to view the various industrial locations in the County and
2. ~ Appoint.a committee of two.,Board_of Supervisors' members, two
Planning-Commission members and five citizens from the County to
review and make recommendations concerning two items: the
County!s-Economic Development Policy and Strategies and a Fiscal
- ImpactAnalySis of~Development on Albemarle County.
Agenda Item No. 10. Approval of Minutes: June 19, August 14 and
September 11, 1991.
Mr. Bain had read,the minutes of September 11, 1991, pages l~9(#10),and
found them to be inorder
Mr. Perkins,had read the. minutes of September 11, 1991, pages 9(#10)-14
and found them to be in order.
M.B. 40, Pg. 169
February 19, 1992 (Regular Night Meeting)
(Page 33)
Mr. Bain offered motion, seconded by Mrs. Humphris, to approve the
minutes as read. Roll was called and the motion carried by the following
recorded vote:
AYES: Mr. Bowerman, Mrs. Humphris, Mr. Perkins and Mr. Bain.
NAYS: None.
ABSTAIN: Mr. Marshall and Mr. Martin.
Agenda Item No. 11.
BOARD.
There,~were nones.:
Other Matters Not Listed on the Agenda from the
Agenda Item No. 12. Adjourn. At 10:38 p.m,.,~ with no further business to
comebefore the Board, the meeting was adjourned.