1983-04-06 adjApril 6, 1983'(Afternoon Meeting--Adjourned from March 16, 1983)
An adjourned meeting of the .Albemarle County Board of Supervisors was held on April 6,
1983, at 4:00 P.M., in Meeting Room #7 of the Albemarle County Office Building, Charlottes-
ville, Virginia. This meeting was adjourned from March 16, 1983 (Night Meeting).
BOARD MEMBERS PRESENT: Mr. James R. Butler, Mrs. Patricia~H. Cooke, Messrs. Gerald E.
Fisher, J. T. Henley, Jr., C. Timothy Lindstrom (arrived at 4:05 P.M.), and Miss Ellen V.'
Nash.
OFFICERS PRESENT: Messrs. Guy B. Agnor, Jr., County Executive; George R. St. John, County
Attorney; and Robert W. Tucker, Jr., Director of Planning.
Agenda Item No. 1. Call To Order.
the Chairman, Mr.~ Fisher.
The meeting was called to order at 4:01 P.M., by
Agenda Item No. 2. Discussion: Connector Road, Seminole Trail Volunteer Fire Depart-
ment Site Plan (Deferred from March 14, 1983). Mr. Tucker referred to his memorandum to
Mr. Guy B. Agnor, Jr., dated March 31, 1983, which presented background information from
Board of Supervisor meetings of September 21, 1977; December 13, 1978; and January 3,
1979. Mr. Tucker said if it is the intention of the Board of Supervisors to take action
on this matter, he would recommend that at the very least, the access road between Common-
wealth Drive and Berkmar Drive be installed for emergency use.
(At 4:05' P.M.,. Mr. Lindstrom arrived.) Mr. Dan Roosevelt, Resident Engineer of the
Virginia Department of Highways and Transportation, was present. Mr. Roosevelt read from
the 1979 Route 29 North Corridor Study, wherein it was stated that crossover number nine
(Dominion Drive) should not have a traffic signal, and if traffic ever reaches a volume
that a signal is necessary, the crossover should be closed. Therefore, Mr. Roosevelt said
he would never want to see the possibility of connecting Commonwealth Drive and Berkmar
Drive eliminated. M~. Roosevelt said at the present time, this would be the only a!terna~e
aecass~o the~Ber~e~yi!~c~mmunity.
Mrs. Joan Graves spoke next stating that she was on the Planning Commission at the
time special permit 78-70 was approved. Mrs. Graves said as a resident of the Berkeley
community, she would never wish to see such an access opened as a public street, but felt
that it was necessary as an emergency access which was significantly sa£er than requiring
the fire trucks or ambulance to enter the Four Seasons Community via Route 29.
Mr. Fisher said he has seen roads designated as emergency access in other areas of
the County, and has felt that those roads have caused a great many problems'. Mr. Fisher
said he felt this access must, some day, be designated a public road.
Mrs. Codke asked how such an access road~would affect the parking at the new Volunteer
Fire Company's building. Mr. Tucker said hopefully an alignment could be worked out which
would allow for on-street parking and not eliminate too many spaces within the designated
parking area. Mrs. Cooke expressed concern that this would all have to be completed
before the Fire Company could obtain a certificate of occupancy for the building. Mr.
Tucker said according to his interpretation of condition thirteen of the site plan approved
on January 3, 1979, the road alignment must only be designated on the site plan and the
alignment must receive approval~of the Virginia Department of Highways and Transportation.
Mr. Tucker clarified his statement by saying that this does not eliminate the requirement
for an emergency access, 0nly the necessity to construct a public right-of-way-until such
time as the Board of Supervisors deems such a road a public necessity. Mr. Tucker said
the Board also has the option of amending the Comprehensive Plan and eliminating the
access road between Commonwealth Drive and Berkmar Drive entirely.
Mr. Fisher said if the Fire Department is going to be required to have a fifty foot
right-of-way through the site, the site plan must be revised to indicate such a right-of-
way. Mr. Fisher said he would like to see a recommendation for a road alignment come from
the Highway Department and have such a recommendation reviewed by the Planning Department
and the Fire Department. Mr. Roosevelt said he would be willing to meet with the Planning
Department and representatives of the Volunteer Fire Department to attempt to work out an
alignment which would be suitable for an emergency access now and a public road at some
later date. Mr. Roosevelt also said the Fire Department should construct an emergency
road as cheaply as possible in order to meet the requirements of the special Permit, and
let Albemarle County and the Highway Department worry about constructing a public access
in years to come when it is necessary.
Mr. Fisher expressed concern about how the Fire Department will control access to the
emergency entrance. Mr. Agnor noted that all the land. on which the Volunteer Fire Department
Rescue Squad Building is constructed is owned by Albemarle County and considered public
land and that it would be difficult to deny access to the public. Mr. Fisher felt.the_
site plan should be revised to reserve the necessary right-of-way at this time in order to
insure the future of this road. Mrs. Cooke said she would like to see done only that
which is absolutely necessary to allow the Fire Department use of the.building. Miss Nash
said she was concerned about limiting emergency access from Commonwealth Drive. Mr. Agnor
said the Fire Department could consider a radio operated gate or similar device, operated
from within the Fire Department, as a means of controlling access.
Mr. Fisher said he does not hear a concensus to open this access at the present time
to public use. Mr. Fisher noted that Mr. Tucker should arrange for a me, ting between the
Planning Department, the Highway Department and the Seminole Trail Volunteer Fire Depart-
ment to amend the site plan to indicate the alignment of the future public access and to
aid in the design of the emergency access which must be completed in order to comply with
condition thirteen of the site plan approval.
April 6, 1983 (Afternoon Meeting)
(Adjourned from March 16, 1983)
Agenda Item No. 2a. Request for Waiver, Pepsi-Cola Bottling Plant. Mr. Fisher noted
receipt of a request from Messrs. Elbert Morris and William S. Roudabush, dated April 1,
1983, as follows:
"Pepsi-Cola Bottling Company of Central Virginia is currently building its
new facilities in the City of Charlottesville adjacent to the city limits.
The site is being developed in accordance with a site plan approved by the
City of Charlottesville. Pepsi-Cola purchased the adjacent parcels located
in Albemarle County for the purpose of constructing a secondary access
street to the site. The land remaining after the street is constructed
will be sold off for other business uses which have not yet been deter-
mined.
When road plans to the County and Highway Department were submitted, we
were told that they could not be reviewed unless they were in conjunction
with a site plan or subdivision. At that point we proceeded to submit a
subdivision plat dividing the property into two tracts. This plat was
approved by the County and the road plans were approved by the Highway
Department.
We are now ready to construct the street but have been told a grading
permit cannot be issued to allow any grading outside of the street right-
of-way unless a site plan has been approved. We have no contemplated use
of the adjacent sites but due to the rough topography it is necessary to
grade these sites to balance the grading quantities of earth for construc-
tion of the road and storm drainage.
This tract was purchased only in order to secure a secondary access to the
Pepsi-Cola site but it is impossible to construct the road without site
grading on the adjacent parcels.
Therefore, we request that the Board of Supervisors grant a waiver or
exception to the requirement for a site plan to be approved prior to the
issuance of a grading permit on this tract. Our new plant is under con-
struction and access is essential, therefore we request early consideration
of this matter. Copies of our grading plan and Pepsi-Cola site plan are
enclosed for your consideration.
Sincerely,
Pepsi-Cola Bottling Company of Central Virginia
By: Elbert Morris and William S. Roudabush"
Mr. Maynard Elrod, County Engineer, familiarized the Board with the site plan and
proposed road location. Mr. Elrod noted that this parcel is an approved subdivision
whereby Tract A and Tract B are divided by the proposed road. Mr. Elrod said Pepsi wishes
to install a sixty inch drainage pipe, grade the entire site and fill a ravine to improve
the existing drainage. Mr. Elrod said there are a few options open to the developer, such
as bringing in fill from another site to fill the ravine, but this would necessitate
having to haul dirt away at some future time; the developer can also submit a site plan
for approval, and then just let the site plan expire, but the cost is high and there would
be a substantial time delay.
Mr. Lindstrom noted that he fought, at the time the new zoning ordinance was written,
to have a site plan required prior to issuance of a. grading permit to insure the best use
of a site and protect existing ground covers. Mr. Elrod noted that he was concerned that
if the Board should waive the site plan requirement, it will set a dangerous precedent for
future applications.
Mr. Agnor noted that if the ravine is not filled, construction of the road will
create the effect of a dam, requiring that offsite drainage be pumped through a separate
piping system toward Meadowcreek. Mr. Agnor noted that this would be a costly and un-
necessary procedure because this pumping system could not be used in future development of
the site.
Mr. Roudabush spoke next and described the procedures he has taken up to the present
time in order to obtain a grading permit. Mr. Roudabush stated in reading the ordinance,
the wording is such that it was his and Mr. Tucker's interpretation that a gra~ing permit
could be issued upon receiving approval of the subdivision plat. Mr. Roudabush said the
land was divided into Parcels A and B, and after subdivision approval was received, he
learned that a site plan will also be required. Mr. Roudabush said since there is no
immediate future plan for the use of this property, submittal of a bogus site plan seemed
the wrong way to handle the matter. Mr. Roudabush noted that if a grading permit is
granted, land cleared and not used for the roadway, will be stabilized with grass and
properly maintained by Pepsi.
Mr. Lindstrom asked Mr. St. John for his opinion on the possible waiver of the site
plan requirement. Mr. St. John said he found nothing in the Soil Erosion Ordinance which
allows for the waiver of this requirement. Mr. St. John noted that this is an adminis-
trative review and if the Board wished to take the position that the grading is being done
in conjunction with the construction of the road and subdivision plat, then the ~Soil
Erosion Ordinance has been complied with. However, if the Board takes the position that
the grading is strictly the result of potential future construction on the property, then
a site plan is required. Mr. St. John noted that the Pepsi plant is being built using a
site plan which has been approved by the City of Charlottesville in direct conjunction
with the building of the road in question and the subdivision of the lots.
Mr. Lindstrom said if the Board decided that the grading were being done in con-
junction with the subdivision, then there would be no action required by this Board. Mr.
Lindstrom stated his concern about creating a loophole in the ordinance which would allow
speculative developers to grade property without a site plan. Mr. Tucker said he and Mr.
Elrod were also concerned'about creating a loophole if the grading permit were issued in
April 6, 1983 (Afternoon Meeting)
(Adjourned ~rom March 16, 1983)
conjunction with the subdivision of the property. Mr. Tucker said it was his under~
~ding that the ordinance was worded this way in order to protect existing ground cover,
and noted that this particular site has no protective ground cover worthy of saving.
Mr. Fisher asked about the possibility of revising the subdivision plat in order to
obtain the grading permit approval. Mr. St. John said the developer could either do as
Mr. Fisher suggested, or could submit the City approved site plan which is in conjunction
with the subdivision and road. Mr. Roudabush said he would be in agreement with Mr. St.
John's suggestion, and expressed a willingness to submit a copy of the City approved~ site
plan for the County's review. Mr. St. John said he would recommend the Board take this
action. Mr. St. John said if not for the fact that the boundary line of the City and
County went through this property, the County would Rave had a site plan to review and
felt that the City site plan should be accepted. Mr. St. John added that the County has
no power of review over the City's approval on this site plan.
Motion was then offered by Mr. Lindstrom that a separate site plan is not required
because this erosion control permit is in connection with a site plan approved by the City
of Charlottesville, and that the Planning Staff and County Engineer should review said
site plan. The motion was seconded by Mrs. Cooke. Mr. Fisher said he will support this
because of Mr. Roudabush's statement that grading of the property will improve the stability
of the land from it's present condition.
Roll was then called and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Agenda Item No. 3a. Appointment, Airport Commission. Motion was offered by Miss
Nash to appoint Mr. Stanley B. Voth of 261 Ednam Drive to the Airport Commission, term to
begin immediately and expire on December 1, 1985. The motion was seconded by Mr. Lindstrom.
Mr. Fisher requested a letter of thanks be sent to Dr. Virgil H. Marshall for his service
on this commission. Roll was called and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Agenda Item No. 3b. Appointment, Employment Research Committee. Motion was offered
by Miss Nash, seconded by Mrs. Cooke, to concur in the appointments to the Employment
Research Committee, as suggested by Mr. Francis Fife in his memorandum dated February 7,
1983. Those appointees are as follows:
1. Carlos Gutierrez 10.
2. Vincent Cibbarelli 11.
3. George Vaughan 12.
4. Robert Templin 13.
5. Raymond Haas 14.
6. Alicia Lugo 15.
7. Troost Parker 16.
8. David F. Cooke 17.
9. Rodney Deane 18.
Joseph Cain
Randolph Wade
David V. Russell
Thomas A. McGinn
Drewary Brown
James Butler
Mary-Alice Gunter
Peggy Van Yahres
Francis Fife
Roll was called and the motion carried by the following recorded vote:
AYES: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
NAYS: None.
Agenda Item No. 3c. Appointment, Scottsville Precinct Change Committee. Miss Nash
said she wished to nominate Mrs. Delores Adcock of RFD, Route 6 Scottsvilte; Mrs. Brenda
M. Lloyd of RFD 1, Box 272 Scottsville; Mrs. F.R. Moon, Jr., of Harrison Street in Scotts-
ville; and Mr. Pierson Scott of Scottsville, to this committee. The motion was seconded
by Mr. Butler and carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Miss Nash then offered motion to adopt the following charge for the newly appointed
Scottsville Precinct Change Committee:
To review the Electoral Board's request for change of the Scottsville
Precinct from the town hall/rescue squad, garage to the new Scottsville
School on Route 20 North.
2. To take into account:
(a) the number of registered voters:
(b) the number of actual voters from the town in the last elections;
(c) the percentage of voters north, east and southwest of town;
(d) comparison of distances from town to present voting location and to
the proposed voting location;
95-
(e)
the relative convenience of sites for voters, campaign personnel and
election officials. (Site evaluations should consider heating, toilet
facilities, lighting, entrances and parking facilities.)
(f) the wishes of the registered voters.
To determine if there is another feasible site in the Town of Scottsvit!e
without the disadvantages of the present site, bearing in mind the Mayor's
statement that all parking on Valley Street (Route 6) can be reserved for
voters.
A summary report is to be presented to the Board of Supervisors no later
than June 15, 1983.
The motion was seconded by Mr. Lindstrom and carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Agenda Item No. 4. Other Matters Not Listed On The Agenda. Mr. Fisher said with
regard to the Board of Supervisors' regular day meeting scheduled for April 14, 1983,
there are presently no highway matters to be presented and the first scheduled public
hearing is for 11:00 A.M. Mr. Fisher said if the Board has no objection, he would like to
reschedule the starting time of this meeting from 9:00 A.M. to 10:30 A.M. Motion was
offered by Mr. Lindstrom, seconded by Miss Nash, to change the starting time of the April
14, 1983, regular day meeting to 10:30 A.M. The motion carried by the following recorded
vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Miss Nash said she wished to make a nomination for the approaching vacancy on the
Albemarle County Service Authority Board of Directors. Miss Nash offered motion to
reappoint Mr. Thomas E. Bruce, Jr., to a new term, said term to expire on April 16, 1987.
The motion was seconded by Mr. Lindstrom and carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Motion was then offered by Miss Nash to reappoint Mrs. Helen L. Wienke to the Library
Board, with said term to expire on June 30, 1987. The motion was seconded by Mr. Lindstrom
and carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Miss Nash noted that at the last meeting of the Metropolitan Planning Organization
(MP0), action was taken to increase the membership of the Technical Committee by two
additional members. Miss Nash said one of those vacancies must be filled by Albemarle
County. Mr. Agnor noted that currently Mr. Elrod and Mr. Tucker are serving on the
technical committee for Albemarle County, and that he would seek a name for recommendation
to the Board.
Mr. Lindstrom asked if a report was being prepared by the planning staff on the
proposed new stadium to be constructed by the University of Virginia. Mr. Agnor said all
he has received regarding the stadium are copies of information which the University has
submitted to Richmond for approval. Mr. Agnor said the Thomas Jefferson Planning District
Commission had prepared an environmental impact statement for submission with the Uni-
versity's request for approval. Mr. Agnor said he would investigate this matter further
and report back to Mr. Lindstrom.
Agenda Item No. 5.
Adjourn.
At 5:40 P.M., Mr. Fisher declared the meeting adjourned.
Chairman