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1986-07-02July 2, 1986 (Regular Night Meeting) 097 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on July 2, 1986, at 7:30 P.M., Meeting Room ~7, County Office Building, 401 McIntire Road, Charlottesville, Virginia. BOARD MEMBERS PRESENT: Mr. F. R. Bowie, Mrs. Patricia H. Cooke, Messrs. Gerald E. Fisher, J. T. Henley, Jr., C. Timothy Lindstrom and Peter T. Way. BOARD MEMBERS ABSENT: None. OFFICERS PRESENT: Mr. Guy B. Agnor, Jr., County Executive; Mr. Ray B. Jones, Deputy County Executive; Mr. George R. St. John, County Attorney; and Mr. John T. P. Horne, Director of Planning and Community Development. Agenda Item No. 1. Chairman, Mr. Fisher. Call to Order. The meeting was called to order at 7:30 P.M. by the Agenda Item No. 2. Agenda Item No. 3. Pledge. of Allegiance. Moment of Silence. Agenda Item No. 4. Consent Agenda. Mrs. Cooke offered motion to approve Item 4.1 of the Consent Agenda and to accept the remaining items as information. Mr. Bowie seconded the motion. There was no further discussion. Roll was called and the motion was carried with the following recorded vote: AYES: NAYS: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. None. Item No. 4.1. Statement of Expenses for the Department of Finance, Sheriff, Common- wealth's Attorney, and Regional Jail for June, 1986, were approved as presented. Item No. 4.2. Letter dated June 16, 1986, addressed to the Chairman, from Ms. Patricia L. Lambeth, Special Assistant to Governor Gerald Baliles, regarding notification of State officials re. freeze conditions in March, 1986, was received as follows: "Governor Baliles has asked me to thank you for your letter on behalf of the Albemarle County Board of Supervisors seeking assistance because of frost conditions which occurred on March 21 and 22, 1986. The Governor has suggested that I bring your letter to the appropriate state officials for their attention." Item No. 4.3. Copy of letter dated June 16, 1986, from Governor Gerald L. Baliles to Mr. Richard E. Lyng, U. S. Secretary of Agriculture, giving notification of request to declare Albemarle County as a disaster resulting from heavy frost and drought, was received as follows: "I have received today a request from the Board of Supervisors of Albemarle CoUnty to declare the County of Albemarle a disaster area. This request comes as a result of a heavy frost that occurred on March 21 and 22, 1986, which caused damage to peach orchards in that countY. My purpose for writing at this time is to meet the 90-day notification requirement of the Farmers Home Administration. By copy of this letter, I am requesting Mr. Mahon Rudy, Executive Director, State Agricultural Stabilization Conservation Service Office, to conduct a damage assessment report for Albemarle County. As soon as this report is received, it will be determined whether or not we will submit an official request fOr a disaster designation. We have also been advised of the potential for a crop disaster as a result of Albemarle County receiving only 39 percent of a normal rainfall during the period of January through April, 1986. County officials continue to monitor this situation." Item No. 4.4. Monthly Building Report for May, 1986, from the Department of Planning and Community Development, was received as information. Item No. 4.5. Letter dated June 18, 1986, from ABG Financial Services, Inc. re. Monthly Report and Bond Program Report for Arbor Crest Apartments, received as information. Item No. 4.6. Copy of Planning Commission minutes for its meetings of June 10 and June 17, 1986, received as information. Item No. 4.7. Memorandum dated June 26, 1986, from Mr. Ray B. Jones, Deputy County Executive, re. Sealed Bids on White Hall School, in which he states that there were 21 bidders for the school property. The high bidder, E. Randle Ralston for Clifford Properties, was notified of the award immediately, and the County Attorney contacted the attorney for the O98 July 2, 1986 (Regular Night Meeting) Poats in order to convey a clear title to the successful bidder. The Board previously authorized the Chairman to sign any deeds necessary to this transaction. Item No. 4.8. Notice dated June 20, 1986, from the State Corporation Commission re. Application of Commonwealth Gas Services, Inc. to revise its tariffs. Agenda Item No. 5. Public Hearing: Capital Improvement Program - 1986-87/1990-91 (Advertised in the Daily Progress on June 17 and June 24, 1986). Mr. Fisher stated that this is a long process and an annual process of updating the Five-Year Plan for the expenditure of public funds for construction projects needed by the people of the County. This is the culmination of the work that has been going on for six months, beginning at staff level and moving through work by the School Board and Planning Commission and this Board. He introduced Mr. Guy Agnor and his staff to present the program. Mr. Agnor had handouts for anyone who wished one. He also had a slide presentation of the program. He said that the process began in January and after the hearing tonight, which is the hearing on the proposed Capital Program that the Board of Supervisors proposes to adopt, there will be an adoption of the plan on July 9. He first looked at revenues and pointed out three significant funds. The General Fund's appropriation is targeted to continue at a level of $1,000,000 dollars a year for the full five years. He said there was an errorr on the fifth line, and that it was actually a total of Literary Loans for several projects in the School System totaling $6,000,000 dollars over a five-year period. Under Fund Balances, $6,530,000 will be used that is currently in the County's General Fund. Resources that are available total $18,638,215. Mr. Agnor next discussed a summary of all of the projects by categories of departments. He called attention to the grand total of all of the requests and said it is in excess of $20,000,000. The proposed budget that the Board is considering will fund slightly more than $19,600,000 or 97 percent of all the requests. He said it is quite obvious that the Capital Program lacks $1,000,000 of being funded over the five years. He stated that this is not unusual, because estimates of projects are simply estimates and will change as the program is reviewed annually and it is not required to be balanced as is the Annual Operating Budget. If the first three years of the proposals were added, and matched against the first three years of the revenues available, they would come close to matching. He next highlighted all of the projects. Under Administration and Courts, the first project is "Automation of Court Services" which is the Office of the Clerk of the Court. It was requested in 1986-87, but was not funded in 1987-88, primarily to have more planning time and review of the program. Expansion of the Joint Security Complex is next and will be funded partly by the County, partly by the City, and partly by the State. It is shown for a $50,000 design in 1987-88 with construction anticipated by 1988-89 for a cost of $300,000. The next project is for interior renovations of the County Office Building on McIntire Road. There are nine departments that have space adjustment needs that have occurred over the five-year period since this building was occupied, and also, a new office titled "Development Information Office" was created this fiscal year. That is targeted for 1986-87. Exterior renovations to this building are parking lot adjustments that were known to be required when McIntire Road is widened and extended as Meadow Creek Parkway to Rio Road. It is shown as a 1987-88 project, but ti has now been deferred to 1989-90 to try to coincide with the widening of the roadway in front of this building. The next catergory includes education projects, and there are 24 of them, involving 17 schools. The first one is Meriwether Lewis School. It is a new replacement school at a total project cost of $4,060,000. It is funded by an estimate of $2,000,000 from the Literary Fund, which is borrowed money, and is targeted for funding this first year. Stone- Robinson School renovations are next. This project is to renovate and update to current standards of building codes and also to create a parity of facilities by adding six class- rooms, a gymnasium, remodeled kitchen area, administrative area and air conditioning the entire school. It is to begin immediately due to the existing overcrowded conditions. It is targeted for the first year of the five-year plan with eligibility of $1,500,000 for the project, and the possibility of a $1,000,000 Literary Fund Loan for funding. Crozet Elementary School is next with a major renovation to update that school to current standards of building codes and also for parity of facilities. He explained what parity of facilities means, by saying that an extensive study was made with the school system in the past two years which resulted in a committee report to the School Board and the Board of Supervisors recommending some improvements primarily in the elementary school buildings to equalize the physical facilities. Crozet is intended to be upgraded to accommodate an expected population growth, and includes a gymnasium and air-conditioning. There are some questions as to whether the Crozet School needs to be expanded and if renovation estimates are accurate. The Board of Supervisors has asked for a report on that and they will receive that later this week. It is proposed for funding by studying the project further during the first year and possibly for construction to follow within the next two years. Mr. Agnor stated that the next project is the paving of a road in a parking lot at Albemarle High School. The project is considered a safety hazard because of conditions with pedestrian and vehicular traffic. The paving of the road is targeted for this sumner and the parking lot for next year. The next project is a roof replacement for Albemarle High School also targeted for 1986-87~ Improvements for the handicapped is another project there which includes the installation of an elevator to serve the second story, and construction of access ramps are required and handicapped restroom facilities. It was requested for 1989-90, but the Board has moved it up to the 1987-88 year. The final project at Albemarle High School is the renovation of the electrical and mechanical systems that were not renovated in the recent renovation process. It will be phased in with the handicapped improvement project in 1987-88. July 2, 1986 (Regular Night Meeting) (Page 3) o@qJ Burley School has three projects with two of them being immediate and one following. The first is a roof replacement, and the next is energy improvements which are targeted to air-conditioning of the building. Even though the facilities committee report indicated that Burley Middle School may not continue on a long-range basis as a middle school in the County, the School Board does believe that the school is in good condition and will continue to be used for a number of years. A general improvement is targeted for 1989-90 and that would be extensive modernization and remodeling of the existing building. Hollymead School has three projects. During the 1987-88 year, a roof replacement is scheduled for the school. Expansion of the library is scheduled in 1988-89, and the third is an update of the electrical and mechanical system which will be done at the same time the library is expanded. Red Hill Elementary School also has a project for a roof replacement there on the pod part of the building. It is targeted for 1987-88. Rose Hill Elementary School also has limitations as to its future expansion because of the size of the site, but the building is in good condition, and the School Board requested that some relief needs to be provided such as expansion of the library and air-conditioning the building. The school would still lack a gymnasium and would not have total parity, but would be an improvement for the present enrollment. Major renovations at Stony Point Elementary School to provide parity among the school facilities will require air-conditioning, a gymnasium and a remodeling of the original structure which is 50 years old. It is targeted for 1988-89. Woodbrook School is slated for an update of the electrical and mechanical system targeted for 1988-89. Yancey Elementary School needs a major renovation which is a parity improvement project and requires air-conditioning, a gymnasium and remodeling in 1988-89. The core building of Yancey was built in 1960 and will not require the same degree of renovation as the Stony Point project. Henley Middle School has two projects. Even though the middle schools are having a decline in enrollment, it is expected that with the increase in elementary school enrollments that is presently being experienced, there will be a need for the Henley Middle School trailers to be replaced with construction of six classrooms in 1989-90. The second project at Henley School is the update of the mechanical and electrical system which is planned by the School Board as a continuing capital improvement for the schools as they grow older. This project would be coupled with the 1989-90 expansion. Brownsville Elementary School also has a mechanical and electrical update targeted for 1990-91. At the same time the mechanical system is upgraded there is a need for some improvements of the intercom and fire alarm clock systems. There is also some mortar joint deterioration. Greer Elementary School, Jouett Middle School and Walton Middle School all have electri- cal and mechanical updates scheduled for 1990-91. Athletic Field development of three fields at Western Albemarle High School is needed. Mr. Agnor mentioned that facilities at Brownsville are used by Western Albemarle High School students. This causes a safety hazard with students crossing a busy highway, and also there are often conflicts with the Henley Middle School activities. The project is being funded from several sources. It has an $8,000 donation by private individuals, $2,000 of the labor will be provided by the school's agricultural students and the balance of the cash of $62,600 will be divided between the school system and the Parks and Recreation Department. The fields are used both for the school's physical education program and recreation programs. Police, Fire, Rescue and Safety is next with a project for an allocation of a fire service training center for area fire departments. It has been funded over a period of four years. This is the fifth and final allocation of funds ~and will complete a $125,000 commit- ment the County made to that project. This is scheduled for construction in 1986-87. Mr. Agnor said that the next item is also a five-year commitment, and this will be the last appropriation of $200,000. For the past four years $200,000 has been placed in a fund for capital needs of the Albemarle County volunteer fire companies. Mr. Agnor also mentioned that a total of $1,000,000 has been placed in this fUnd over the past five years, and the fire companies repay that money back to the County. As it is repaid, money will be recycled and made available for their continuing capital needs. The third one under this category is a rescue squad vehicle for the Scottsville Volunteer Rescue Squad to replace two existing vehicles and some advance allocation similar to the fire department allocation which is paid back to the County over a period of five to seven years. Under, Highways and Transportation, the first project listed is a pathway in the vicinity of Hydraulic Road. It is proposed to be on Whitewood Road and Greenbrier Drive to provide an unbroken pedestrian pathway from Hydraulic Road to Commonwealth Drive. It is intended to connect the Albemarle High School complex with the Whitewood Road corridor and the residential neighborhoods there, as well as to improve pedestrian access to the existing Whitewood Road jogging path. The pathway is segmented into several phases with the first one targeted for 1987-88 and another phase to follow in 1988-89. The project was requested in 1986-87, but the Board requested further study be made of the alignment of this pathway to be certain that it will serve the need as it is intended to be served. Mr. Agnor said a relocation of the intersection of Route 678 with Route 250 West in the Ivy Village is the next project. It is intended to coincide with the construction of the Meriwether Lewis School. It will need $150,000 of County funds, and approximately $115,000 of State Highway funds. 100 July 2, 1986 (Regular Night Meeting) The Miscellaneous category has a single project which is the upgrading and expansion of the County's computer main frame system for the Data Processing Department. A study was conducted a year ago and recommendations were made to the Board of Supervisors for continuing the expansion of the information system. The funding will be subject to review of a committee of the Board before it is finally approved. Mr. Agnor said there are 13 projects under Parks and Recreation. The first one is the City-County urban park, which is the development of the Mahanes tract recently purchased. It is phased for 1986-87, 1988-89 and then skips into a future phase in the last year of the five-year program. The Southern Regional Park has been planned for a number of years, which is the purchase and development of a lake site and a park in southern Albemarle County similar to the facili- ties at Chris Greene and Mint Springs Park. It is targeted for 1986-87 and 1987-88 and has some funding later in the program. An outdoor basketball court at Greenwood Community Center is planned for 1988-89. The next project is improving the handicapped access at Mint Springs Park which will include hard-surfacing pathways from the parking areas, modifying the beach area, picnic shelters, comfort station and the tot lot. That is targeted for 1988-89. Improvements to the tenant house at the City/County owned Ivy Creek Natural Area is a project which is essentially maintenance and repair of a building that is in very poor condition. This will be spread over two years, and is considered as a possible project for the Albemarle Housing Improvement Program or maybe a school project for the Vocational Technical Center. The cost is to be shared equally between the City and County. The next one is buildings and grounds improvement to the Crozet Park which is spread over four years beginning in 1986-1987. It involves repairs and maintenance of the existing facility as well as the resurfacing of some outdoor basketball courts and pouring of a concrete floor for the picnic shelter. Mr. Agnor said that the next project is baseball field improvements at Red Hill School. Phis field is used for Little League practice and physical education classes and is targeted for 1986-87. This will be the 14th and final field improvement that the Parks and Recreation project will complete, which has been underway for a five-year period of time. The Scottsville Community Center needs a roof repair job, and is now being used by Parks ~nd Recreation. It is in critical need and is scheduled for 1986-87. A tennis court resurfacing at Western Albemarle High School is scheduled for 1986-87 to ~revent structure and foundation damage of the existing four tennis courts. Mr. Agnor said he had spoken already about the field development at Western Albemarle tigh School under the school system's projects. This is the other half of it which will be to develop three multi-purpose fields on the side of the highway where the high school is located. A handicapped access to Beaver Creek Park is scheduled for 1988-89, with improved access to the bank of the reservoir for fishing and also improvements to the comfort station for access for handicapped citizens. A wooden playground structure at the Greenwood Community Center is next. The present facilities there are limited for young children. It is intended to make the summer play- ground program there a better program and also is intended to improve the facility in terms of community usage. This is scheduled for 1989-90. Stony Point tennis courts are another project and is the last one in the Parks and Recreation category. It is a request for the community to construct two tennis courts at the Stony Point School with the addition of planned tennis courts at the Mahanes site and the urban park. This project is not being considered for this five-year cycle. It may be reconsidered at a future time after the development of the tennis courts is examined in future years. A group of utility projects is the last category. Mr. Agnor said all of them are storm ~ater improvements. There are five of them listed. One is on Berkshire Road near Solomon Drive scheduled for 1987-88. Another one is in the Woodbrook subdivision which is to correct ~ very serious erosion problem in the Woodbrook channel in 1989-90. The Bennington Road ~hannel in the Bennington Woods subdivision has a project for 1986-87 to correct some severe ~rosion in the existing channel. A storm sewer project between King George Circle and Ricky toad in the Queen Charlotte subdivision to correct a severe erosion problem is scheduled for L987-88. An erosion problem correction is the Rio Heights drainage channel in Rio Eeights subdivision is scheduled for 1986-87. Mr. Agnor said that concluded his summary of the projects. Mr. Fisher stated that he feels that this is by far the most aggressive program for building that this County has ever taken to Public Hearing. He mentioned that there were times during the late 1960's and early 1970's when the County was opening one new school every year to keep up with the growth and then as the school populations declined in the late 1970's there was not a push for such construction. Annexation tied up the County for several ~ears, and now the County is basically redistricted and poised to make a number of major changes in its schools. A $20,000,000 capital program with over $14,000,000 of it for schools is not something that will happen every year, and he thought that for those people who are present for the first time, they should be aware that this is indeed an unusual circumstance and one that the Board is very pleased about. It has taken a lot of work by a lot of people to get this far. He asked if the school staff wished to make a presentation. July 2, 1986 (Regular Night Meeting) (Pag~ 5) The school staff said they were present basically to observe and answer questions, so Mr. Fisher asked if any other staff wished to make a presentation? Since no other staff members wished to speak, Mr. Fisher opened the Public Hearing. Mr. Pete Craddock, Stone-Robinson P.T.0., said that the ambitious five-year plan that will bring parity to the County school facilities is something that they are looking forward to. He stated that, of course, there will be more work to be done, but this timetable is reasonable. This construction is needed and should not be delayed. In particular the School Board has designated Stone-Robinson to be their number two priority after Meriwether Lewis School. The Planning Department has concurred with this decision to make Stone-Robinson the number two school project and the number three county-wide project. They feel this is an excellent choice of priorities and applaud everyone who has helped them get this far. Mr. Craddock asked the Board of Supervisors to help them get over the next hill and send this project on to the architects and planners. Even though Stone-Robinson is in a no-growth area, they will have four trailers this fall and are in dire need of the six extra classrooms as well as the gym, air-conditioning and all of the other requested improvements. He men- tioned that Stone-Robinson is the largest elementary school without a gym. The children do not have a full-size gym area for inclement weather activities, nor do they get to use their neighborhood school for such activities as the YMCA Indoor Soccer League. He urged the Board to vote for the approval of the schools' portion of the C.I.P. and for Stone-Robinson's urgent construction needs. He said that their school has a top notch administration, teachers and support staff and most importantly there are the children. Stone-Robinson has lobbied very hard over the years for these types of improvements. They expect success from their children, and they should have buildings worthy of this goal. They have quite a representative sample of the people from Stone-Robinson who would appreciate the Board's support. Mr. Bill Brent, a Stone-Robinson parent, spoke next and said that for whatever reason, not to be a growth area, the area is growing. He stated that some information that he had looked at indicated that 10 percent of the new dwellings that were built in Albemarle County last year occurred in the Stone-Robinson school district. He thinks the people in their area are undemanding of government services, but the school is bursting at the seams and would appreciate the Board's support for providing the new facilities at Stone-Robinson. Mr. Bowie asked the people representing Stone-Robinson to stand. Mr. Keith Rittenhouse, from the Rose Hill P.T.0., said that they were not there to represent the needs of Rose Hill School at the expense of the similar needs of any other school in the County. They support the concept of parity throughout the County school system. They suppor% the projects that have been listed at Rose Hill School for fiscal 1988-89. But, tonight, they would like to address one need in particular and that is air-conditioning. In order to focus more closely on that need, he contacted the Education Department to determine the portion'of the estimated $560,000 total project cost that relates specifically to air-conditioning. The response to his question was prompt, courteous and informative and not very reassuring, for he learned that the County really does not know what it would cost to install air-conditioning at Rose Hill School. The estimate was obtained by the most general means. He said that the Planning Commission's recommendation for the Capital Improvement Program to the Board includes a recommendation for funding in excess of $7.1 million for the fiscal year 1986-87, alone. Included in those recommendations are projects that would include the installation of air-conditioning at Stone-Robinson School and the air-conditioning installation at Burley Middle School. However, a scant two blocks from Burley is Rose Hill, which would, under this plan, remain without air-conditioning for another two years. The Planning Commission's recommendation for funding includes the expenditure in excess of $9.5 million over the next two years for educational projects before the first dollar would be spent for improvements at Rose Hill Elementary School. He said these terms make it difficult to explain parity to the children, faculty and parents. They feel that certain factors have contributed negatively to the schedule for improvements at Rose Hill. The press has reported an interest on the part of the City for puchasing the facility. There has even been mention of a replacement facility that might be located in the southern urban growth area. The facts remain that Rose Hill is currently a viable County school and will remain that way during the forseeable future. They are also aware of the administration's feelings that the installation of air-conditioning at Rose Hill should be coupled with a general upgrading of the plumbing and electrical systems there. They support that, and support the intention, as taxpayers, that this approach would minimize construction costs. However, they question the logic that would delay a necessary improvement to their school because other necessary improvements are also needed. He said the Capital Improvement Program that is being considered would divide the County schools into two groups from the standpoint of air-conditioning, one group that must have it now and another group that might get it later. He urged the Board not to allow this improvement at Rose Hill to be put on hold while the same improvement is being incorporated into its companion schools. They reques~ that the Board adopt the stated projects for Rose Hill Elementary School and also request that the Board accelerate the air-conditioning from the proposed 1988-89 schedule. They feel that the excellence of education afforded their children at Rose Hill deserves a strong statement of support from the County, and they ask the Board for that tonight. Ms. Linda Reaser, from Crozet School, said she agrees with what is being proposed and came to say, "thank you." She mentioned that the Crozet parents and faculty are very much aware of the problems that exist in the school now. She understands that engineers have made a survey and hopes that they also saw all of the problems. The P.T.0. would be happy to serve in any capacity as far as plans for next year and are very open-minded as to whether it will be a complete reconstruction or additions and how it will be handled. They hope that this cooperative effort will make a wonderful community school. Mr. Mark Timberlake, resident of Rio Heights Subdivision, asked if he could present a set of photographs. He asked that the Board pass the Capital Improvements Program as amended and presented by the Planning Commission. In this program, appropriation is made to correct this severe drainage problem that is depicted in the pictures that he showed the Board. He said it has existed for approximately three years now. Last year they were promised they could have it corrected, but somehow with the paperwork, they got left behind. He asked that it be kept in the C.I.P. program. July 2, 1986 (Regular Night Meeting) Mr. Bill Strickland, a resident of Rio Heights, wanted to provide a little extra input to members of the Board regarding the passage of the funds for the improvement of the drain- age in the Rio Heights neighborhood. He has a petition from all of the landowners whose properties are touching on areas where drainage improvements may be made. Everyone is in full agreement that they will abide by the program established by the County engineers and ~ill offer no resistance anywhere along the line. He stated that he, also, is a parent of a ~hild attending Rose Hill Elementary School. He agrees with Mr. Rittenhouse's logic and he ~opes that the Board will consider his appeal for all of the people involved with the Rose Hill School. Mr. Fisher asked Mr. Strickland if the property owners are aware of the main- tenance program that will have to be provided for the lands along the stream in order to prevent the erosion from returning. Mr. Strickland said they are not, but would like to be educated on the subject, and would certainly want to preserve the improvements that are to be made. Mr. Way said that he wanted to make one point for the record. He stated that Mr. Rittenhouse had already spoken about the possibility of moving up the Rose Hill project and was kind enough to present him with a form which has been signed by approximately 168 parents at Rose Hill which backs up the remarks that he made earlier. He gave it to the Clerk so it could become part of the record. Mr. Fisher asked if someone could explain the timetable that is in the program for Rose ~ill School. Mr. Andy Overstreet, Superintendent, commented that he, too, would like to move up Rose 5i11, but to do that they would have to move the other elementary schools (Yancey and Stony Point) that are receiving the identical parity improvements. That would be a phenomenal lndertaking. He said he couldn't recommend moving one forward without moving the other two. Mr. Way said that he had the privilege to serve on the committee, along with Mr. 5indstrom, that studied these schools. He wishes that they could do all of these improve- nents during the period of one year, but it is encouraging and exciting that the County is ~oing to be making the kinds of improvements that are going to be made over the next three ~ears, in the terms of the schools. They are going to be significant improvements. He ~upports it and had hoped for it for some time. One of the major problems and a concern that %e also has is the ability of the school staff to carry on a number of major projects at one ~ime. He said that they do not have the expertise and the manpower to be able to oversee that many projects. Next year, there will be three major projects going on in the County, and he does not think that they have the capability. He really has a lot of confidence in them for them to do it for three years, because it will be a major burden on them. He wishes Rose Hill, Yancey and Stony Point could be right up there right away. Mr. Lindstrom said the committee based its decisions and recommendations on a study that ~as done by a consultant working with school staff. They examined all of the buildings and their physical status. The buildings that have been selected for immediate renovation are Duildings that have serious safety problems and with the amount of money that is available ~nd human resources to manage these improvements, they are trying to tackle the wors~ pro- 01ems first. They felt fortunate to have the resources to take care of what they saw to be ~ost all of the problems in the school system within the first five years of this projection. £t is not to say that air-conditioning is no~ critical, but as far as safety needs and ~tructural problems which are in some of the other buildings, it is not in that category. ~hat is part of the reasoning behind the recommendations of the committee. Mr. Agnor said there are three projects that need to be expedited this summer. Burley ~nd Albemarle High both need roofs and the road paving at Albemarle High needs to be done ~hile the schools are closed. He stated that Mr. Papenfuse and Mr. Overstreet are asking if 5hey can be authorized to proceed with those projects even though adoption of the Plan will %ot occur for another week. One week during the summer period could be critical to having 2hem completed before school opens. Mr. Agnor said that if the Board would authorize that 2hey can begin getting prices and bids on these projects. Mrs. Cooke offered motion to approve the immediate pricing and solicitation of bids for 3eplacing the roofs of Burley Middle School and Albemarle High School, and paving the road ~nd parking area of Albemarle High School before the Capital Improvements Program is )fficially adopted. Mr. Bowie seconded the motion. There was no further discussion. Roll ~as called and the motion was carried with the following recorded vote: ~YES: ~AYS: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. None. (Note: At 8:25 P.M., the Board took a five minute recess.) Agenda Item No. 6. ZMA-86-03. G. Thomas or Brenda Forloines. To rezone 3.71 acres ~rom C-1 to HC. Property located on east side of Route 29 North, about 400 feet north of the .ntersection with Westfield Rd. Tax Map 61Z-03, parcel 2. Charlottesville District. Advertised in the Daily Progress on June 17 and June 24, 1986.) Mr. Horne stated that the Planning Commission has deferred this item until its July 22nd ~eeting and requests deferral by the Board. Mr. Agnor suggested August 20th. Mr. Bowie offered motion to defer to August 20, 1986. Mr. Lindstrom seconded the ~otion. There was no further discussion. Roll was called and the motion was carried with ~he following recorded vote: ~YES: ~AYS: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. None. July 2, 1986 (Regular Night Meeting) 103 Agenda Item No. 7. ZMA-86-02. Joseph W. Wright, Jr. To rezone 54.78 acres from RA to LI. Property located on west side of Route 29 and also has access to the south side of Rt. 649, adjacent to Deerwood Subdivision. Tax Map 32, parcels 41D, 41E. Rivanna District. (Advertised in the Daily Progress June 17 and June 24, 1986.) Mr. Horne gave the staff's report as follows: "Petition: Joseph Wright petitions the Board of Supervisors to rezone 54.78 acres from RA, Rural Areas, to LI, Light Industrial. Property, described as Tax Map 32, parcels 41D and 41E, is located in the vicinity of the south- western quadrant of the Route 29 North/Route 649 (Airport Road) intersection in the Rivanna Magisterial District. Character of the Area This property consists of two physically separate tracts. The smaller tract (TM 32-41E; 6.65 acres) is situated between Deerwood subdivision and Laurel Hill Baptist Church with frontage on Airport Road. This tract is primarily open land and is lower in elevation than Deerwood and the church. The rear of six lots in Deerwood border this tract and any development of the pro- perty would be clearly visible from these lots. The larger tract (TM 31-41D; 48.13 acres) is "L" shaped with frontage on Airport Road and Route 29 North. Team Tire, Maupins Grocery, and other commercial uses are located in the intersection quadrant and are surrounded by this tract. The Laurel Hill Baptist Church is adjacent to the west. Other properties in the area are zoned RA, Rural Areas. Portions of this tract adjacent to Route 29 North and Airport Road are open; less than one-half of the property is wooded. Both tracts are gently sloping with few areas of critical slope. Comprehensive Plan: Land Use Plan This property is within an area recommended for industrial development on the Hollymead Land Use Plan in the Comprehensive Plan. Except for developed residential and commercial areas, all land west of Route 29 North within the Hollymead community is recommended for industrial usage (p 171). The basic premise of land use planning for the Hollymead community is to avoid division of residential portions of the community by Route 29 North. Therefore, all areas west of Route 29 North are planned for industrial use as an employment area for the future. The plan recommends development of 610 acres of industrial land in Hollymead by the year 2002. This represents two-thirds of the land in the County recommended for industrial development, therefore, Hollymead is intended to accommodate the majority of future industrial employment. Currently, about 340 acres of vacant industrially zoned land exists in Hollymead (i.e. - 56 percent of total for Hollymead). Of this land, about 270 acres is under one ownership and has remained idle since it was rezoned in 1979. Therefore, while a substantial amount of vacant industrial land exists in Hollymead, the recommendation of the 1977 Comprehensive Plan 'to provide a wide degree of choice in site locations, characteristics, and price' has not been met (see Attachment A: Excerpt from 1977 Comprehensive Plan). Comprehensive Plan: Industrial Land Use Standards Chapter 10 Comprehensive Plan Standards of the Comprehensive Plan is 'intended to provide a basic framework for evaluation in rezoning, site plan, subdivision, and other review processes.' Staff opinion is that this rezoning petition does not (adequately) address the following Industrial Land Use Standards: Industrial uses should seek locations adjacent to compatible uses (commercial, public or other industrial, etc.) as opposed to residential, agricultural or other sensitive areas. Where an industrial use desires a location near a sens:Ltive area, consideration should be given to transitional uses such as commercial offices. Objectionable aspects of an industrial use should be addressed through a combination approach including realistic performance standards, buffering and special setback regulations. This approach should be flexible so as to accomplish the objective without creating burdensome and arbitrary regulations. At time of rezoninq, the applicant should submit proposals to mitigate objectionable aspects. The rezoning petition does not give consideration to Deerwood subdivision and the Laurel Hill Baptist Church~ Other properties which are zoned RA, Rural Areas, are currently recommended for industrial development, therefore, special measures may not be warranted (See 'Route 29 North' section of this report). Measures shown on the rezoning plan are reflective of minimum zoning ordi- nance requirements. While the applicant does not have any specific uses proposed for this property, staff opinion is that these Comprehensive Plan standards should be addressed at this time. 104 July 2, 1986 (Regular Night Meeting) (Pa~e 8) Industrial uses should locate in areas where public utilities and facilities are adequate to support such uses. Upgrading and extension of roads, water, sewer, electrical, telephone and natural gas systems should be considered in review of an industrial application. A 12-inch waterline is located on-site at Route 29 North and on the north side of Airport Road. Sewer is currently remote from the site, located near the dam at Hollymead lake. (Service at the Camelot Sewage Treatment Plant has not been considered. Beginning in 1978, repeated approvals were granted by the County for expansion of the plant. All approvals have expired. During initial review, both the Albemarle County Service Authority and the Rivanna Water and Sewer Authority agreed to plant expansion only as an interim solution to sewer service in the area. Some eight years have elapsed since these comments, therefore any future request for plant expansion will be treated as 'new business,' additional comment from these agencies will be sought, and alternative measures will be analyzed.) Most of the larger tract could be served by gravity, however, gravity service to the remainder of the large tract and the small tract may require combination of additional off-site easements and substantial cuts. While the rezoning plan shows a proposed sewer line, no phasing for installation is proposed. Should the property develop with a series of minor uses, it may prove difficult at any given time to require sewer extension. Staff comment of roads is included in the following section of this report. U.S. Route 29 North In August 1985, the Board of Supervisors sent a resolution to the Metropo- litian Planning Organization regarding Route 29 North. In this resolution was the stated intent to review proposed Comprehensive Plan uses in the Hollymead community as related to traffic on Route 29 North. Such review of the Comprehensive Plan is currently underway. In a prior commercial rezoning in the area, acreage was reduced to be commensurate with existing residential development. Staff recommends that a similar approach in this case would not be appropriate because: 1) The commercial acreage was intended primarily for community orientation, while industrial development would serve a county-wide purpose; 2) Compared to commercial zoning, industrial development is a low traffic generator,(i.e. - about equivalent to seven dwellings/ acre). This statement is tempered by the difference in character of industrial and commercial traffic. Uses involving heavy trucking should be discouraged, while uses relying on the airport for transport should be encouraged. In regard to Route 29 North, control of access is important. Department of Highways and Transportation has stated that: Virginia The Comprehensive Plan shows this property zoned industrial. This ection of Route 649 is currently non-tolerable. The traffic from this property would be mostly orientated towards Charlottesville on Route 29 North. The Department recommends that the access for this property be on Route 649. This property under the Rural Area zoning would generate approximately 100 vpd (vehicles per day) from the total acreage depending upon the division rights of each parcel. Under the Light Industrial zoning approximately 2,800 vpd could be generated from this acreage. Staff Recommendation: The proposed industrial zoning is consistent with the land use map in the Comprehensive Plan. The rezoning petition, however, is not consistent with other Comprehensive Plan recommendations nor with Other matters of public concern as outlined in this report such as: Buffering or transitional uses Phasing of utility extensions Access control Staff opinion is that rezoning of this property as currently proposed would not be consistent with the general public interest, therefore, staff recom- mends denial. Note: Should the Commission and Board choose to give further consideration to this petition at this time, staff would recommend that the two tracts be considered independently." Mr. Horne said that the Planning Commission, at its meeting on June 24, 1986, recom- mended denial of this petition, however, the Planning Commission had no proffer before it when it recommended denying the request. With the proffer now before the Board, which was delivered today, he said the staff would recommend approval of the request recognizing that there would be only one access point, and this access would be to Route 29 North. Mr. Horne also noted that this access would be in conjunction with a cross-over and improvements to the frontage on Route 29 for that entrance. July 2, 1986 (Regular Night Meeting) 105 Mr. Lindstrom said there is a proffer dated June 26, and it appears that the substance of the proffers are the same, but there is some modification with respect to coordinationof the alignment of the entrance under No. 1. Under No. 2, the sanitary sewer would be extended if the Planning Commission deemed it should be extended. Mr. Horne answered "yes", the substance of the proffere is the same. The staff just wanted to have some technical amendments for coordination. The proffers are as follows: "June 26, 1986 Mr. Ronald S. Keeler County of Albemarle Dept. of Planning & Community Development 401 McIntire Road Charlottesville, VA 22901 Re: ZMA-86-02, Joseph W. Wright, Jr. Dear Mr. Keeler: In conjunction with the above referenced application, I hereby request that the application be amended to change the requested zoning to CO insofar as Parcel 41E, Tax Map 32 is concerned. In addition, the Applicant hereby proffers the following in conjunction with the request for LI zoning of Parcel 41D, Tax Map 32. Access to U. S. Route 29 will be limited to one point, directly oppo- site the proposed cross-over No. 29 as shown on the Route 29 Corridor Study Plan. This connection will not be made until the proposed cross-over has been constructed. Sanitary sewer will be extended to this tract prior to such time that the cumulative total need for wastewater disposal exceeds the quantity of waste water that would have been generated by the total development of this tract into 2 acre residential lots (i.e., 27 lots at 300 gpd, or 8,000 gallons per day). Please advise if additional information is needed. Sincerely, (Signed) Joseph W. Wright, Jr." "July 2, 1986 Mr. Ronald S. Keeler County of Albemarle Dept. of Planning & Community Development 401 McIntire Rd. Charlottesville, VA 22901 Re: ZMA 86-02, Joseph W. Wright, Jr. Dear Mr. Keeler: Here is a revision to my letter of June 26, 1986. The proffers contained herein have been re-worded in accordance with our discussions. In conjunction with the above referenced application, I hereby request that my application be amended to change requested zoning to C-O, Commercial Office; insofar as Parcel 41E, Tax Map 32 is concerned. In addition, the applicant hereby proffers the following in conjunction with the request for LI zoning of Parcel 41D, Tax Map 32. Access to U.S. Route 29 will be limited to one point, at a proposed cross-over, the approximate location as shown on the sketch submitted with my zoning application prepared by Roudabush, Greene & Gale, Inc., dated May 27, 1986. This location will be coordinated with Hollymead Land Trust and Virginia Dept. of Highways & Transportation. This connection will not be made until the proposed cross-over has been constructed. Sanitary sewer will be extended to this tract prior to such time that the cumulative total need for wastewater disposal exceeds the quantity of waste water that would have been generated by the total development of this tract into 2 acre residential lots (i.e., 27 lots at 300 gpd, or 8,000 gallons per day). The Planning Commission may require the extension of sanitary sewer to this property at any time they deem access to public sewer to be reasonably available. Please advise if additional information is needed. Sincerely, (Signed) Joseph W. Wright, Jr." July 2, 1986 (Regular Night Meeting) Mr. Lindstrom said he is puzzled. The staff is recommending approval of a substa~ntial amount of industrial and some commercial rezoning, with no idea of what the specific use is going to be. Given the transition that the Comprehensive Plan is presently in, he is surprised that a commitment would be made to further development of that area when the Comprehensive Plan is just beginning to be studied. Mr. Horne said one approach on this request, would be to not take any action at this time that might obligate the Board to future action concerning property in the immediate vicinity of this property. The other way would be to analyze the total concept of the Hollymead community while looking at the Comprehensive Plan as a whole, and looking for any viable industrial areas. The staff's opinion is that this is generally a viable area for industrial development in the County. If you look at other areas designated in the Compre- hensive Plan for industrial use, or currently zoned for industrial development, very few, if any, are really viable industrial sites. The sites either have severe utility problems, access problems, or some other reason that does not allow that site to be a viable site. If the County is going to have industrial zoning, this is a reasonably viable place for it. It does meet the access standard requirements of the current Comprehensive Plan. He can, however, see the Board's point if they feel that it will obligate them to a general desig- nation that could cause some problem in the future. Mr. Fisher asked if Mr. Horne had the Highway Department's letter because he wanted to see the original. He also said he is trying to figure out why the staff went back to the 1977 version of the Comprehensive Plan on which to base its staff report. Mr. Horne replied that some statements are made in previous plans concerning a variety of locations. Mr. Fisher said that a precedent is being set for going back as far as someone wants to go to find something on which to support an argument. He thinks that is dangerous. Mr. Horne said he did not have the Highway Department's letter with him, and Mr. Fisher requested that he get it while the Public Hearing is being held. At this time, the Public Hearing was opened. Mr. W. S. Roudabush said he was present on behalf of Mr. Wright, but he is also avail- able to answer questions. He stated that although the applicant does not have a specific use for this property at this time, there have been many inquiries during the past several years, for industrial uses on this property. Many people think it is one of the most desirable locations for light industry in the County. But, it is almost impossible to get anyone to display a great amount of interest until they can be assured that the zoning is reasonably in place. Mr. Roudabush said that one reason no specific performance standards can be discussed at this point is because specific uses are not known. This property is in close proximity to the Airport, and a major highway. There are public utilities available and an employment base. Hollymead is designated as the largest growth area in the County and has a potential for much more residential development. This property is also reasonably close to the bedroom communities of Greene, Madison and Orange. For that reason, they feel that industrial use of this property could alleviate some traffic problems on Route 29. Those people would not have to penetrate the urban area to arrive at places of employment. Mr. RoUdabush said of the 610 acres recommended for industrial zoning in that area, the 270 acres already zoned represents 44 percent of the zoning available. That is under one ownership. It is not as accessible to roads and utilities and is not on the market. This site would involve very little site preparation and very little preparation for access to utilities and roads. There is no wide choice available to industry looking for varying types of sites in that area. The performance standards, buffering and landscaping are spelled out in the ordinance. Recently, new landscaping requirements were adopted by the County, and those would apply to any industrial development of this tract. He does not believe it is necessary to submit any detailed landscaping plans now. In general, uses "by right" in light industrial areas are not objectionable, but the more intensive uses that would require a Special Use Permit could have conditions of approVal applied. Mr. Roudabush stated that most of the adjacent areas are also recommended for industrial uses. He said that special measures to protect those areas may not be needed in the future if those areas become similarly rezoned. The character of the area is now commercial and industrial except for the Deerwood Subdivision and the Church located adjacent to this property. The adjacent area which is developed as residential was erroneously allowed in Albemarle County and that point was made a few years ago. That whole general area was looked at as being the most desirable place for industrial development, but the residential subdivision was already there. That subdivision has severe drainfield problems. Some lots in that subdivision can't get building permits. There are drainfields that serve several lots, because individual septic tank locations could not be found on those particular lots. It is a pocket area. The people there are faced with the problem that an already developed subdivision cannot bear the cost of bringing in sanitary sewer lines. The rezoning of this property and future extension of sewer to the tract could alleviate some of the problems existing in the subdivision. Mr. Roudabush commented that public utilities are available. There is a twelve-inch waterline located on the property and along Route 649 so water is abundantly available and sewer will be accessible in the near future. There is a site plan pending for a development at the intersection of Route 649 and Route 29 which requires the extension of sanitary sewer. If that site plan is approved, sewer will be within close proximity to this tract and reason- ably accessible. VEPCO has recently located a substation in that area. Route 649 is slated for improvement in the near future, and the Highway Department figure of 100 vehicles per day projected for development of the tract in its present zoning would reflect development of 14 lots on this total acreage. He thinks that is ridiculous, but more ridiculous is what the realistic development would be under present zoning. The 48 acres could only yield five, two acre lots, and one, twenty-one acre lot or a total of six lots on the larger tract of 48 acres. The 6.65 acre tract could only yield three lots for a total of nine lots with seven vehicles per day and 63 vehicles total traffic from this property if it remains in RA zoning. July 2, 1986 (Regular Night Meeting) The property has been assessed and taxed as industrial property for a few years. The owner has not put the property under land use taxation. To give some insight into how appraisers looked at this property, in 1985, the 6.65 acre tract was appraised at $10,000 an acre. It is not in land use and can only yield three lots under its present zoning, and even with a Special Permit it could only yield three lots. Those lots under present zoning, just to recover the appraised value of the property, would have to sell for $22,200 each. That would have to be added to the cost of development, the cost of interest, etc. for the years that the property has been owned. He does not believe it can be marked for RA residential type uses. The 48 acres is also not in land use and was appraised in 1985 at $91,800 for 18 acres. Mr. Roudabush described appraisals for the other acreage and said the total appraised value was $336,200. If the owner were forced to divide this property in its present zoning without a special permit, he could divide five lots of 5.4 acres. He went on to describe what the owner would have to do to recoup the appraised value. He said that residential lots would have to sell for $14,000. Mr. Roudabush said that an adjoining lot of 28 acres is in also shown in the Comprehensive Plan for industrial development, and had a total appraised value of $47,000. Under land use, that parcel was taxed at $11,000. He stated that a large tract in this same general area already zoned for industrial use for a planned industrial park is assessed at $3,641 an acre. He believes that these figures indicate that this property must be better suited for industrial development. He said the appraisers have appraised it at a much higher figure than any residential or industrial land in the area. Mr. Roudabush stated that after discussions with the staff and hearing the Planning Commission's concerns about this application, he feels that these concerns have been addressed in the proffer. He said the transitional use for the 6.65 acre tract that adjoins the Church and the residential subdivision has been met by the proffer offering CO zoning for that portion of the property. The extension of sewer has been phased with the offer of the proffer in the most recent letter. The Route 29 Corridor Study proposed a crossover immediately opposite this parcel on ROute 29. He feels that the problem of access to the highway has been met being directly opposite a crossover. He assumes the proposed improve- ment to Route 649 will be anticipated in the near future. Since there was no one else who wished to speak to this application, Mr. Fisher closed the Public Hearing. Mr. Horne added one additional piece of information by stating that there was one representative from Deerwood at the Planning Commission meeting who said that their primary concern was visual impact on the development from Parcel B, the smaller parcel. Mr. Bowie asked if it was Mr. Quesenberry, and Mr. Horne answered, "yes." Mr. Bowie went on to say that he had spoken with him on the telephone, and his concern was the screening, and the proffer for Commercial Office took care of those concerns. He told the people if they had any problems with the proffer to be at the meeting tonight. Since they are not here, he guesses they do not have any problems. Mr. Fisher asked Mr. Horne if there is any Commercial Office zoning shown in the Compre- hensive Plan for this area. Mr. Horne said he did not believe so. Mr. Fisher stated that no maps have been shown to them tonight about what the Comprehen- sive Plan shows for the actual zoning. Light Industrial zoning is for areas where there is both public water and public sewer. The sewer isn't there, and the proffer says that at some point in the future we may do it if we have to. The Highway Department says they do not want any entrances on Route 29 North, and this has an entrance on Route 29. The Board of Super- visors said they did not want to upgrade any zoning to a major category on Route 29 North until they figure out what will be done with it, and now 2700 more vehicle trips per day are being discussed. He thinks the Planning Commission had the right recommendation, but maybe if they saw the proffer they would have a different opinion. He said that the Board should let the Planning Commission see the proffer before voting. Mr. Lindstrom said he thinks there is an implication in the staff's position that somehow this proffer will take care of the Planning Commission's concerns. He commented that several of these things have come up where there has been a substantial change after the Planning Commission voted against a proposal. As a policy, it concerns him that the Board is getting applications that are significantly different from what the Planning Commission saw, without any input from the Planning Commission. He is not sure if the assumption that the Planning Commission's concerns have been addressed is a correct one. He thinks that Mr. Wright is perfectly proper and legitimate with what he is doing. He thought the Board had made it very clear that they are interested in completely reviewing the Hollymead area. There is a lot of land already zoned industrial, and the market will dictate how and when that land will be developed. Mr. Lindstrom said that if the status quo cannot at least be maintained, as far as the zoning is concerned, until the study is made, the Board's ability to make any significant change is going to be impaired. For that reason, he cannot support the application. Mr. Lindstrom went on to say that there is the temptation to allow the County's Real Estate Department dictate land use in the County when there are applicants coming forward and presenting a lot of numbers. Nevertheless, the property is zoned RA, and the County has not created a vested right in any other kind of land use. He agrees this is not a desirable residential area. He is aware of residential areas where lots, not dissimilar to this, are going for more than what Mr. Roudabush said would have to be the cost of these lots. It is tempting to allow the appraised value to dictate land values. Mr. Lindstrom said that for these three reasons, one that the Planning Commission has been denied an opportunity to review this application; second, for the reason that it has been the Board's position that it does not want to change the status quo in this area until the Comprehensive Plan has been reviewed; and third, he does not think it is wise to succumb July 2, 1986 (Regular Night Meeting) to the dollars that may be involved when making a land use decision or a rezoning. He would like to see this denied, or at least turned back to the Planning Commission for review. It may be that upon the Planning Commission's review and recommendation he would be willing to support the application, but he cannot at this point. Mr. Bowie agreed that how much a house lot would sell for is not an issue. However, to consider this a subdivision or a farm makes no sense at all. It is in an area where the County has consistently said they want LI, near the Airport and near the road. He knows there are lands zoned LI in the County that will never be developed that way because they are in the wrong place. He does not know what the Planning Commission's problem is, but it seems that the proffer takes care of the major concern and certainly the concerns of the citizens who live there. The Church is now screened, so if there is going to be an industrial area, he doesn't know where else is more logical than near the Airport and the major road. He does not have a problem with this application and can support it. Mr. Lindstrom said his concern is that it very well may be that the Planning Commis- sion's concern was about changing the land use designation pending review of the Compre- hensive Plan, particularly when the Board of Supervisors has indicated that major changes may need to be studied because of traffic congestion. He does not think they have done an awful lot for the Planning Commission's position in the land planning process, if the Board turns around and overrules them when they are trying to implement what they thought was the policy. Mr. Bowie said he feels about that the way he feels about the staff. He would hate to have everyone sitting around trying to guess what the other one wants to hear. Let them say what they want, and give their recommendation based on their best thought, and then the Board will vote. He does not expect the Planning Commission to try to guess what the Board wants. Mr. Lindstrom replied that the Planning Commission made it clear. They voted unani- mously against this proposal. They did not have the benefit of anything that has been proffered, so this is just speculation that the Planning Commission's concerns have been addressed. Mrs. Cooke concurred with the statements about what that area is very likely to become and what is best for that area. She also concurs with the notion that it probably would be best to have the benefit of the Planning Commission's remarks and review in light of the proffer that it did not have the advantage of seeing. She does not think she would have any problem supporting the petition if the Planning Commission could review it in light of what the proffer says. Mr. Way said he feels the same way as Mrs. Cooke does. Mr. Bowie then offered motion to defer the application until the Planning Commission reviews the proffer dated July 2, 1986. Mr. Lindstrom seconded the motion. There was no further discussion. Roll was called and the motion was carried with the following recorded vote: AYES: NAYS: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. None. Agenda Item No. 8. Public Hearing: Amend Section 8-34, Paragraph B of the Albemarle County Code, Land Use Ordinance, to allow a minimum $15.00 charge for each application to subdivide tracts. (Advertised in the Daily Progress on June 17 and June 24, 1986.) Mr. Agnor explained that the purpose of the amendment is to take the $15.00 fee that is now in the ordinance for individual owner and change it to each individual application. He said that they are finding that a single owner may bring in a quantity of applications and is paying a $15.00 fee for the staff work that has to be done. The staff believes that the state Code intended that it should be $15.00 per application. Mr. Henley gave an example of owning 100 acres that was put together as a farm unit of four tracts. He sells it to somebody, and that person wants to keep it in land use. Does he have to pay $15 for each tract to get it in his name? Mr. Lindstrom said that the way it has been dealt with by the staff, at least in one case, is for two applications, each separate parcel is a separate $15 fee. Mr. Ray Jones said that originally it was a minimum of $15.00 by the owner irregardless of how many tracts he had. He said that in regard to Mr. Henley's example, if it represented four different line items on the land book, it would require four separate applications. Mr. Henley said he did not have any problem with that, but if he bought that 500 acre tract that's made up of ten parcels, and it is already in land use, and he wants to keep it in land use, does he have to pay $15 for the ten tracts? Mr. St. John commented that he did not think that he would have to pay anything to transfer from one owner to the next. He said that is automatic, when use and boundaries are not changing. Mr. Henley commented that he did not have a problem with it, and Mr. Fisher opened the Public Hearing. There being no one present wishing to speak, Mr. Fisher closed the Public Hearing. Mr. Lindstrom offered motion to adopt the following ordinance. Mr. Way seconded the motion. There was no further discussion. Roll was called and the motion was carried with the following recorded vote: AYES: NAYS: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. None. July 2, 1986 (Regular Night Meeting) AN ORDINANCE TO AMEND AND REENACT SECTION 8-34(b) OF THE ALBEMARLE COUNTY CODE, ARTICLE VIII, SPECIAL ASSESSMENTS FOR AGRICULTURAL, HORTICULTURAL, FOREST OR OPEN SPACE REAL ESTATE BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Section 8-34(b) of Article VIII, Special Assessments for Agricultural, Horticultural, Forest or Open Space Real Estate, is hereby amended and reenacted to read as follows: Section 8-34. Same--Processing; continuation of assessment, etc.; fees. (b) The application fee due under this article shall be figured at fifteen cents per acre on total acreage with the minimum charge of fifteen dollars per individual application and shall be paid to the director of finance of the county. However, where a land owner is required to file a new application under this article, because the use or acreage of such land previously approved has changed, the application fee for each re-application shall be fifteen dollars. Agenda Item No. 9. Request of Resolution Re. Drought. Mr. Agnor stated that the staff has been advised by the Agricultural Extension Office that it is time to send resolutions to the Governor's Office. He said that this declares an emergency in Albemarle County by the Board of Supervisors, and then there is a second resolu- tion request that the Governor declare the County in a state of emergency because of the drought. He recommends the adoption of both resolutions, even though it has rained. Mr. Way offered motion to adopt the following resolutions. Mrs. Cooke seconded the motion. There was no further discussion. Roll was called and the motion was carried with the following recorded vote: AYES: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. NAYS: None. WHEREAS, on July 2, 1986, the Board of Supervisors of the County of Albemarle found that due to the lack of rain and intense heat during the long sunny days, a condition of extreme drought exists in the County; and WHEREAS, in accordance with State law, the Board of Supervisors pro- claimed an emergency did exist throughout said County; and WHEREAS, it has now been found that local resources are unable to cope with the effects of said emergency; NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED that a copy of this proclamation be forwarded to the Governor of the Commonwealth of Virginia with the request that he proclaim the County of Albemarle to be in a state of emergency; and BE IT FURTHER RESOLVED that Guy B. Agnor Jr., County Executive, is hereby designated as the authorized representative of the County of Albemarle for the receipt, processing, and coordination of all inquiries and requirements necessary to obtain available State and Federal Assistance. WHEREAS, the Board of Supervisors of the County of Albemarle, Virginia, does hereby find: That due to lack of rain and intense heat the County of Albemarle is facing dangerous drought conditions; That due to the drought, a condition of extreme peril to life and property necessitates the proclamation of the existence of an emergency; NOW, THEREFORE, IT IS HEREBY PROCLAIMED that an emergency now exists throughout said County; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said emergency the powers, functions, and duties of the Director of Emergency Services of the County of Albemarle shall be those prescribed by State law and the ordinances, resolutions, and approved plans of the County of Albemarle in order to mitigate the effects of said emergency. Agenda Item No. 10. Appointment - Rivanna Water and Sewer Authority. Mr. Lindstrom offered motion to appoint Mr. Francis H. Fife as the joint City/County representative on the Rivanna Water and Sewer Authority, with said term to expire on May 1, 1988. Mr. Way seconded the motion. There was no further discussion. Roll was called and the motion was carried with the following recorded vote: AYES: NAYS: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. None. 110 July 2, 1986 (Regular Night Meeting) Agenda Item No. 11. Approval of Minutes: June 26, October 9, October 16, November 6 (Afternoon), November 6 (Night), November 20, 1985, and April 2, 1986. Mr. Lindstrom stated that he had read April 2, 1986 and found only one typographical error. Mr. Way has read November 20, 1985, and noted the following correction to be made on Page 4. Near the end of the page is a sentence beginning: "This 11 acre site is large enough there can be an internal road system .... " This sentence should read: "This 11 acre site is large enough to allow for an internal road system .... " Mrs. Cooke has read October 9, 1985, Page 17 to Item 19 on Page 24, and found them to be in order and recommended their adoption. Mr. Bowie has read the first ten pages of October 16, 1985, and found one minor typo- graphical error. Motion was offered by Mr. Lindstrom, seconded by Mr. Way, to approve those minutes which had been read, with the correction noted. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. None. Agenda Item No. 12. Other Items Not Listed on the Agenda from the Board and Public. Mr. Fisher said that the Anglican Church at Ivy had been before the Board not long ago for a Special Use Permit. One of the conditions of the Special Permit was that the entrance to the Church would be directly aligned with the entrance to West Leigh on the other side of Route 250. That came to the Board that way from the Planning Commission, and it was approved that way. Now the representative of the Church doesn't like this and wants the Board to move the entrance road. Mr. Fisher asked what the procedure is to amend the condition. Mr. St. John replied that there is a substantial amendment to the permit to change the condition. They need to file an application with the staff. They will review it, make a staff report on it, and ~hen it will go to the Planning Commission and then to the Board of Supervisors. Agenda Item No. 13. Adjourn. meeting was adjourned at 9:37 P.M. With no further business to come before the Board, the CH~IRM~