2001-11-14November 14, 2001 (Regular Night Meeting)
(Page 1)
A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on
November 14, 2001, at 7:00 p.m., Room 241, County Office Building, McIntire Road, Charlottesville,
Virginia.
PRESENT: Mr. David P. Bowerman (arrived at 7:24 p.m.), Mr. Lindsay G. Dorrier, Jr., Ms.
Charlotte Y. Humphris, Mr. Charles S. Martin, Mr. Walter F. Perkins and Ms. Sally H. Thomas.
ABSENT: None.
OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., County Attorney, Larry W. Davis,
Clerk, Ella W. Carey, and, County Planner, V. Wayne Cilimberg.
Agenda Item No. 1. The meeting was called to order at 7:01 p.m., by the Chairman, Ms. Thomas,
who introduced Thomas Vance, Ben Carter, Scott Schnega, and John Allers from Boy Scout Troop #27,
who were present to observe local government in action.
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Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
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Agenda Item No. 4. From the Public: Matters Not Listed on the Agenda.
There were no other matters presented.
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Agenda Item No. 5. Consent Agenda. Motion was offered by Ms. Humphris, seconded by Mr.
Martin, to approve/adopt Items 5.1 through 5.4 on the Consent Agenda. Roll was called, and the motion
carried by the following recorded vote:
AYES: Mr. Perkins, Ms. Thomas, Mr. Dorrier, Ms. Humphris and Mr. Martin.
NAYS: None.
ABSENT: Mr. Bowerman.
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Item 5.1. Adopt Resolution Approving the Reissuance of Industrial Development Authority Lease
Revenue Bonds in an Amount not to Exceed $1,970,000 for The University of Virginia Real Estate
Foundation, Series 1996.
The Albemarle County Industrial Development Authority has considered the request of the
University of Virginia Real Estate Foundation to modify certain of the terms of the Authoritys Lease
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Revenue Bond Series 1996, and held a public hearing regarding this matter on November 13, 2001. After
such public hearing, the Authority adopted a resolution in which it recommended and requested that the
Board of Supervisors approve the modification and reissuance of the Series 1996 Bond by the Authority.
By the recorded vote set out above, the following Resolution of the Board of Supervisors of
the County of Albemarle, Virginia, was adopted approving the request of the Albemarle County
Industrial Authority re: UREF 1996 Bond:
RESOLUTION OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF ALBEMARLE, VIRGINIA
WHEREAS, the Industrial Development Authority of Albemarle County, Virginia
(the "Authority"), has considered the request of the University of Virginia Real Estate
Foundation (the "Foundation"), a nonprofit Virginia nonstock corporation, that the
Authority modify certain of the terms of the Authority's Lease Revenue Bond (University of
Virginia Real Estate Foundation) Series 1996 (the "Series 1996 Bond") previously issued
by the Authority on May 15, 1996, to finance the construction of a 56,276 rentable square
foot building located at 400 Ray C. Hunt Drive in the Fontaine Research Park in the
County of Albemarle, Virginia (the "Project"), owned by the Foundation and leased to the
University of Virginia as office space for certain of its departments; and
WHEREAS, the modifications requested by the Foundation include an extension
of the maturity of and a change in the interest rate borne by the Series 1996 Bond and, if
consummated, will result in a deemed exchange and reissuance that will constitute a
current refunding of the Series 1996 Bond for purposes of the Internal Revenue Code of
1986, as amended (the "Code"); and
WHEREAS, the Authority has held a public hearing regarding this matter on
November 13, 2001 (the "Public Hearing"); and
WHEREAS, Section 147(f) of the Code and Section 15.2-4906 of the Code of
Virginia of 1950, as amended (the "Virginia Code"), provide that the highest elected
governmental unit of the locality having jurisdiction over the issuer of private activity bonds
and over the area in which any facility financed with the proceeds of private activity bonds
is located must approve the issuance of the bonds after a public hearing; and
November 14, 2001 (Regular Night Meeting)
(Page 2)
WHEREAS, the Authority issues its bonds on behalf of the County of Albemarle,
Virginia (the "County"); the Project proposed to be refinanced is located in the County;
and the Board of Supervisors of the County (the "Board") constitutes the highest elected
governmental unit of the County; and
WHEREAS, following the Public Hearing, the Authority adopted a resolution (the
"Authority Resolution") in which it recommended and requested that the Board approve
the modification and reissuance of the Series 1996 Bond by the Authority; and
WHEREAS, a copy of the Authority Resolution approving the modification and
reissuance of the Series 1996 Bond, a summary of the Authority's Public Hearing and the
Foundation's Fiscal Impact Statement have been filed with the Board;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ALBEMARLE, VIRGINIA:
1. The Board approves the modification and reissuance of the Series 1996 Bond
by the Authority for the benefit of the Foundation, as required by Section 147(f) of the
Code and Section 15.2-4906 of the Virginia Code, to permit the Authority to assist in the
refinancing of the Project.
2. The approval of the modification and reissuance of the Series 1996 Bond
does not constitute an endorsement of the Series 1996 Bond, as modified, or of the
creditworthiness of the Project or the Foundation. As required by Section 15.2-4909 of
the Virginia Code, the Series 1996 Bond, as modified, shall provide that neither the
Commonwealth of Virginia nor any of its political subdivisions, including the Authority,
shall be directly or indirectly or contingently obligated to pay the Series 1996 Bond, as
modified, or the interest thereon or other costs incident thereto except from the revenues
and moneys pledged therefor, and neither the faith and credit nor the taxing power of the
Commonwealth of Virginia nor any political subdivision thereof, including the Authority,
shall be pledged thereto.
3. This Resolution shall remain in effect for a period of one year from the date of
its adoption.
4. This Resolution shall take effect immediately upon its adoption.
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Item 5.2. Resolution adopting the Albemarle County Purchasing Manual.
It was noted in the executive summary that the Virginia Public Procurement Act (Virginia Code
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2.2-4300 et seq.) establishes the legal requirements by which the County must procure goods and services.
For the most part, however, the Act does not delineate how County officials should procure goods and
services in a manner that best addresses the County's desire to procure the highest quality goods and
services at a reasonable cost and in an efficient, fair and competitive manner. These issues are addressed
in a purchasing manual which was last revised in 1990. It is outdated and fails to provide comprehensive
policies and procedures for the procurement of goods and services.
The purchasing manual proposed for adoption was developed over several years and is based on
exhaustive research and practical experience. It contains information to be used not only by the purchasing
agent, but also all other County officers and employees who work with the purchasing agent in procuring
goods and services. The manual explains not only what officers and employees must or should do in order
to comply with the Virginia Public Procurement Act, but also how those requirements or recommendations
should be performed. The manual would be followed by all County agencies and departments, as well as
by the School Division. A copy of the manual was provided to the Clerk for the Boards review.
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By the recorded vote set out above, the Board adopted the following resolution:
RESOLUTION ADOPTING THE
ALBEMARLE COUNTY PURCHASING MANUAL
WHEREAS, the County of Albemarle Purchasing Manual, last revised in 1990, is
outdated and fails to provide comprehensive policies and procedures for the
procurement of goods and services; and
WHEREAS, the proposed Albemarle County Purchasing Manual, dated
November 14, 2001, delineates not only the requirements of the Virginia Public
Procurement Act, but also the methods and procedures that will best enable the County
to procure the highest quality goods and services at a reasonable cost and in an efficient,
fair and competitive manner; and
WHEREAS, the Board desires to adopt the Albemarle County Purchasing
Manual.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Purchasing
November 14, 2001 (Regular Night Meeting)
(Page 3)
Manual is hereby adopted, and it shall supersede the County of Albemarle Purchasing
Manual, last revised in 1990.
BE IT FURTHER RESOLVED that the Albemarle County Purchasing Manual
shall be effective November 14, 2001.
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Item 5.3. Set Public Hearing for December 5, 2001, on An Ordinance to Amend Chapter 13, Solid
Waste Disposal and Recycling, pertaining to Refuse Transported in Vehicles.
It was noted in the executive summary that Albemarle County Code 13-301 makes it unlawful to
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transport refuse in a motor vehicle unless the vehicle is constructed or loaded to prevent the refuse from
escaping the vehicle. A vehicle is deemed to be constructed or loaded to prevent the refuse from escaping
"if the refuse is transported in a secured covered container within the vehicle which is designed to not allow
sifting, leakage or the escape of refuse therefrom." However, Albemarle County Code 13-301 is not
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violated when a securely covered container of refuse escapes the vehicle. Virginia Code 10.1-1424 is
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clearer - it prohibits a vehicle from being operated unless it is constructed or loaded "to prevent any of its
load from dropping, sifting, leaking or otherwise escaping therefrom." This section is violated if the load,
including the containers in which the load is carried, escape the vehicle. It is staff's opinion that the
language of Virginia Code 10.1-1424 better addresses the problem of refuse escaping from vehicles. A
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proposed ordinance has been drafted which would amend Albemarle County Code 13-301 so that its
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language is similar to the above-referenced language of Virginia Code 10.1-1424. Staff recommends that
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the Board authorize the Clerk to advertise the proposed ordinance for a public hearing on December 5,
2001.
By the recorded vote set out above, the Clerk was ordered to advertise for a public hearing
on December 5, 2001, An Ordinance to amend Chapter 13, Solid Waste Disposal and Recycling,
Article III, Dumping, accumulation, storage, removal and disposal of waste, of the Code of the
County of Albemarle, Virginia, to amend Sec. 13-301, Transporting refuse in vehicles.
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Item 5.4. Adopt Resolution Approving the Issuance of Industrial Development Authority Revenue
Bonds in an Amount not to Exceed $35,000,000 for Virginia Lutheran Homes.
The Albemarle County Industrial Development Authority had considered the application and plan of
financing of Virginia Lutheran Homes-Charlottesville, L.L.C., Shenandoah Valley Lutheran Housing, Inc.
and Zion Place, Inc. for the Authority's revenue bonds in an amount not to exceed $35,000,000 for
purposes set out in the resolution. The Authority held a public hearing on the Borrowers' application and
Plan of Financing on November 13, 2001, and recommended that the Board approve the Plan of Financing
and the issuance of the Bonds.
By the recorded vote set out above, the Board adopted the following resolution approving
the request of the Industrial Development Authority:
RESOLUTION OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF ALBEMARLE, VIRGINIA
The Industrial Development Authority of Albemarle County, Virginia ("Authority")
has considered the request and plan of financing of Virginia Lutheran
Homes-Charlottesville, L.L.C. ("VLHC"), Shenandoah Valley Lutheran Housing, Inc.
("Shenandoah"), and Zion Place, Inc. ("Zion Place"), all 501(c)(3) organizations
organized or incorporated in Virginia which are affiliates of Virginia Lutheran Homes, Inc.,
a Virginia non-stock, non-profit corporation (collectively, the "Borrowers"), requesting the
issuance of the Authority's revenue bonds in an amount not to exceed $35,000,000
("Bonds") to be issued at one time or from time to time to assist the Borrowers in
financing or refinancing its plan of financing ("Plan of Financing") for the following
(collectively, "Project"): (1) the acquisition, expansion, construction and equipping by
VLHC of a residential care facility for the aged currently containing 75 residential units
known as Branchlands Village located at 1300 Branchlands Drive, Charlottesville,
Virginia, 22901, in the County of Albemarle, Virginia, the expansion of which facility will
include the acquisition of an approximately one-acre parcel of land adjacent to the
existing facility and the construction of an additional 86 residential units; (2) the
refinancing of an outstanding balance of approximately $1,700,000 on a mortgage loan
by the United States Department of Housing and Urban Development ("HUD") to
Shenandoah, the proceeds of which Shenandoah used to finance its construction of a
low-income residential care facility for the aged containing 39 residential units known as
Luther Crest, located at 9138 Congress Street, New Market, Virginia, 22844, in the
County of Shenandoah, Virginia; (3) the refinancing of an outstanding balance of
approximately $4,200,000 on a mortgage loan by HUD to Zion Place, the proceeds of
which Zion Place used to finance its construction of a low-income residential care facility
for the aged containing 123 residential units known as Luther Manor, located at 350
Malibu Drive, Virginia Beach, Virginia, 23452, in the City of Virginia Beach, Virginia; (4)
related and routine capital expenditures of the Borrowers; and (5) amounts required for
reserves, working capital, capitalized interest and costs of issuance in connection with the
foregoing.
November 14, 2001 (Regular Night Meeting)
(Page 4)
The Authority held a public hearing on the Borrowers' application and Plan of
Financing on November 13, 2001, as required by Section 147(f) of the Internal Revenue
Code of 1986, as amended ("Code"), and Section 15.2-4906 of the Code of Virginia of
1950, as amended (the "Virginia Code"). Section 147(f) of the Code also provides that
the governmental unit having jurisdiction over the issuer of private activity bonds and over
the area in which any facility financed with the proceeds of private activity bonds is
located must approve the issuance of the bonds.
The Authority issues its bonds on behalf of the County of Albemarle, Virginia
("County"); a portion of the Project is to be located in the County; and the Board of
Supervisors of the County of Albemarle, Virginia ("Board") constitutes the highest elected
governmental unit of the County.
The Authority has recommended that the Board approve the Plan of Financing
and the issuance of the Bonds.
A copy of the Authority's resolution approving the issuance of the Bonds,
pursuant to the Borrowers' Plan of Financing, subject to the terms to be agreed upon, a
certificate of the public hearing and a Fiscal Impact Statement have been filed with the
Board.
NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ALBEMARLE, VIRGINIA:
1. The Board approves (i) the Plan of Financing and (ii) the issuance of the
Bonds pursuant thereto by the Authority for the benefit of the Borrowers, as required by
Section 147(f) of the Code and Section 15.2-4906 of the Virginia Code to assist the
Borrowers in their Plan of Financing.
2. The approval of the Plan of Financing and the issuance of the Bonds do not
constitute an endorsement to a prospective purchaser of the Bonds of the
creditworthiness of the Plan of Financing or the Borrowers.
3. This resolution shall take effect immediately upon its adoption.
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Agenda Item No. 6. SP-2001-001 Beverage Tractor & Beverage, Inc (Signs #36 & 37). Public
hearing on a request to expand previously permitted (SP-1999-068) outdoor display & storage of farm equip
in accord w/Sec 30.6.3.2(b) of the Zoning Ord. TM 79 P 4P contains 2.56 acs. Loc on Richmond Rd (Rt
250 E) at the NE corner of the intersec w/Hunter's Way (Rt 1146). Znd HC & EC. Rivanna Dist. (Notice of
this public hearing was advertised in the Daily Progress on October 29 and November 5, 2001.)
Mr. Cilimberg summarized the staffs report. He said this is a request to expand the outdoor
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storage and display of small farm equipment on property which is in an Entrance Corridor (EC). Equipment
would include front-end loaders, tractors with associated attachments, ATVs and lawnmowers. It is not
anticipated that the proposed use will change the character of the district due to the commercial activity on
nearby properties. The potential impact of the use on the character of the EC has been addressed by the
Architectural Review Board (ARB). They expressed no objections to the use, with conditions they provided
based on EC guidelines. Those conditions were incorporated into the recommended conditions of approval
for the SUP as provided by staff, with one exception. Condition No. 8 was revised based on comments
provided by the Engineering Department who recommended that the condition be revised to state No
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further disturbance of the terraced areas should occur and the existing slopes should be stabilized.
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Mr. Cilimberg said staff felt the use would have minimal impact on the district if the ARBs
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conditions were satisfied, and recommended approval. The Planning Commission, while considering the
permit on October 23, 2001, did two things. First, they added Condition No. 10 reading: No land
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disturbance will occur. They also added Condition No. 11 reading: All existing critical slopes must be
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stabilized. These two conditions bring in the Engineering Departments comments. Second, Display Area
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4 shown on an attachment to the staffs report, would be limited to that area behind the line coming from
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the rear of the building in an easterly direction, rather than as shown on the attachment. The Planning
Commission had recommended wording for Condition 8.5 to be: Revise the site plan to show that display
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and storage in Area 4 will not be permitted any further west than the line formed by the rear of the building.
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Mr. Cilimberg said he now recommends that the word west in that condition be changed to south.
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At this time, Ms. Thomas opened the public hearing and invited the applicant to speak first.
Mr. Charlie Beverage had nothing to add to staffs recommendation. He said the change in
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direction Mr. Cilimberg just mentioned, is correct.
With no one from the public rising to speak, the public hearing was closed, and the matter placed
before the Board.
Ms. Humphris said she went out to the site today to look around. She wanted to note Conditions 9,
10 and 11 added by the Planning Commission. She thinks it is good that Condition No. 9 states that the
display areas be delineated by the use of railroad ties, timbers or posts. The display area wanders all
around from the side to the terrace in the back of the building. The change in Condition No. 10 from what
November 14, 2001 (Regular Night Meeting)
(Page 5)
the ARB recommended (having just one area in the back, and that would have caused tremendous
disturbance of the earth) is good. The Commission recommended that the condition read: No land
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disturbance will occur. Ms. Humphris said she questions Condition No. 11 (All existing critical slopes must
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be stabilized). She asked if the landscape person ever specifies how stabilization should be done. She
does not want to cause the applicant any undue expense. To her, the slopes in the back, particularly the
upper ones, are perfect to have some low-growing juniper which stabilizes and is very attractive. At this
time it looks rough. It is almost stable now except for some damage which has been done at the bottom of
the hill. She asks if anything like that is every specified. Mr. Cilimberg said it depends on the situation.
Engineering made a comment about stabilizing and the applicant would have to satisfy that before the
special use permit can be exercised. Staff always suggests that they consult with Engineering as to the
best way to do that.
Ms. Humphris said because the property lies in the Entrance Corridor, she thinks it could look much
more attractive if some sort of attractive material were used on the bank. Mr. Cilimberg said in this case,
the applicant should talk with the landscape planner as well as Engineering Department staff.
With no further comments, motion was offered by Mr. Martin to approve SP-2001-001, subject to
the 11 conditions recommended by the Planning Commission, amending Condition No. 8.5 to change the
word west to south.
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The motion was seconded by Ms. Humphris. Roll was called, and the motion carried by the
following recorded vote:
AYES: Mr. Perkins, Ms. Thomas, Mr. Dorrier, Ms. Humphris and Mr. Martin.
NAYS: None.
ABSENT: Mr. Bowerman.
(Note: The 11 conditions of approval are set out in full below.)
1.Items for display shall not be taller than nine (9) feet;
2.Displayed items shall not be elevated;
3.Revise the Final Site Plan by numbering the display areas as identified in the
preliminary ARB comments (see attachment - on file);
4.Revise the landscape plan as follows:
1.Add double staggered rows of evergreen trees eight (8) to ten (10) feet tall
at the time of planting spaced six (6) feet on center. This screening shall
be located at the southeast corner of Area 1 and at the southeast corner
of Area 4;
2.At the southwestern edge of Area 3 add a double staggered row of
evergreen shrubs twenty-four (24) inches tall at the time of planting
spaced five (5) feet on center; and
3.The landscape plan shall include a planting schedule that shows the
number and species of the proposed plants and the size of the plants at
installation;
5.No additional lighting shall be introduced to the site for the purpose of illuminating
this display;
6.Include a note on the plan "that existing vegetation will remain" and accurately
identify the extent of vegetative cover that exists on the east side of the site;
7.Include a note on the plan indicating that the "shrubs surrounding Area 1 shall not
be pruned below a height of five (5) feet";
8.The storage of crates, containers, and other items, and/or the display of equipment
over five (5) feet in height, shall be limited as follows (see attachment - on file):
1.Southern Terrace (Area 5): storage/display shall not occur within one
hundred (100) feet of the western property line and one hundred fifty (150)
feet of the eastern property line;
2.Northern Terrace (Area 6): storage/display shall not occur within sixty (60)
feet of the western property line and one hundred seventy (170) feet of the
eastern property line;
3.Northeastern Corner (Area 7): storage/display shall not occur beyond
eighty (80) feet of the eastern property line;
4.Storage of items may not occur in Areas 1, 2, and 3 as identified on the
plan attached (on file) to the staff report; and
5.Revise the site plan to show that display and storage in Area 4 will not be
permitted any further south than the line formed by the rear of the building;
9.Use railroad ties, timbers or posts to help delineate the permitted display and
storage areas;
10.No land disturbance will occur; and
11.All existing critical slopes must be stabilized.
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(Note: Ms. Thomas said the Board has just received a communication concerning Agenda Items
No. 7, No. 8 and No. 9. The Board has not been able to read this communication, so instead of holding up
the other items on the agenda, she will move these three items to the end of the meeting so the Board can
proceed with the advertised public hearings.)
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Agenda Item No. 10. SP-2001-034. Augusta Lumber Shed Construction (Sign #53). Public
November 14, 2001 (Regular Night Meeting)
(Page 6)
hearing on a request to allow construction of lumber shed by amendment of an earlier permit in accord
w/Sec 10.2.2.14 of the Zoning Ord. TM 99, P 49A contains 20.639 acs. Loc on Rt 712 approx 0.25 mls
from its intersec w/Norfolk Southern Railway. Znd RA. Samuel Miller Dist. (Notice of this public hearing
was advertised in the Daily Progress on October 29 and November 5, 2001.)
Mr. Cilimberg summarized the staffs report. He said the request is to permit the construction of a
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100' x 50' shed to store and sort lumber at the facility located on Plank Road in the North Garden area. The
building and uses would be regulated under sections of the ordinance that deal with sawmills and noise, as
well as conditions of approval on a prior special use permit (SP-82-09). The building and storage and
sorting of lumber would not be a detriment to adjacent properties, as it would be required to be set back a
minimum of 100 feet from the property line and no noise generating production would be permitted in the
building. The additional building would be consistent with other buildings found on the property and within
the area. The lumber storage building would be consistent with the Comprehensive Plan goal to support
forestal uses within the Rural Area.
Mr. Cilimberg said staff recommended approval subject to four conditions. The Planning
Commission, at its meeting on October 23, 2001, unanimously recommended approval subject to the same
four conditions.
Ms. Thomas opened the public hearing, and asked the applicant to speak.
Mr. Howard Carr, General Manager of Augusta Lumber Company, was present. He said they just
need a building for storage of lumber.
With no one from the public rising to speak, the public hearing was closed and the matter placed
before the Board.
Ms. Thomas said this facility lies in the Samuel Miller District. It is something which supports the
Boards desire to have the Rural Areas supported by forestry activities. She supports the petition.
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Motion was offered by Mr. Dorrier, seconded by Mr. Perkins, to approve SP-2001-034 subject to
the Planning Commissions conditions. Roll was called, and the motion carried by the following recorded
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vote:
AYES: Mr. Perkins, Ms. Thomas, Mr. Dorrier, Ms. Humphris and Mr. Martin.
NAYS: None.
ABSENT: Mr. Bowerman.
(Note: The conditions of approval are set out in full below.)
1.Conditions of approval for SP-1982-09, as amended by SP-1990-61 and
SP-1991-47, shall apply;
2.The subject storage shed shall be located on the property in general conformance
with the sketch plan entitled "Augusta Lumber SP-2001-34," subject to standards
within Section 5.1.15 of the Albemarle Zoning Ordinance;
3.The subject storage shed shall be restricted to the following purposes:
a) storage of lumber; and
b) sorting of lumber;
4.No noise generating production equipment shall be used within the subject
building.
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Agenda Item No. 11. SP-2001-037. St John the Baptist Episcopal Church (Sign #65). Public
hearing on request to allow expansion of St John the Baptist Episcopal Church in accord w/Sec 10.2.2.35 of
the Zoning Ord. TM 73 Ps 20, 20B, 28A & 28B contains 7.8 acs. Loc on Dick Woods Rd (Rt 637) approx
0.2 mls from the intersec of Rts 637 & 682. Znd RA. Samuel Miller Dist. (Notice of this public hearing was
advertised in the Daily Progress on October 29 and November 5, 2001.)
Mr. Cilimberg said this request is for construction of a 1575 square foot addition to an existing 1346
square foot Parish Hall to contain a kitchen, two bathrooms, a stage, office, three Sunday school
classrooms and a social hall. Some of the unpaved areas on the site have been historically dedicated to
parking. The Engineering Department determined that paved parking will not be required due to the limited
use of the church. Expansion of the Parish Hall will not generate additional traffic. The Highway
Department requested both entrance improvements and sight distance improvements. However, the
Planning Commission did not feel it was necessary, so did not recommend that condition (Condition No. 5
recommended by staff).
Mr. Cilimberg said the Church was originally constructed in 1890. The Parish Hall is detached from
the Church and is constructed of a block material. The expansion would be consistent with the existing Hall
materials and architecture. He said staff recommended approval subject to five conditions. The Planning
Commission, at its meeting on October 23, 2001, recommended approval subject to Conditions No. 1
through 4 recommended by staff, but added the words with existing gravel used as a base for new
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improvements to Condition No. 2.
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Ms. Thomas said she had a question about the gravel which is already on site, but, through which
grass has grown. She asked if they must kill off that grass, or just add enough gravel to have it add up to
November 14, 2001 (Regular Night Meeting)
(Page 7)
six inches. Mr. Cilimberg said this is handled by the Engineering Department, and he does not know the
answer to the question.
Ms. Thomas opened the public hearing, and asked the applicant to speak.
Ms. Nancy Sprouse said she was present for the Church. She is overseeing the addition to the
Parish Hall. She had nothing to add to staffs remarks.
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With no one else from the public rising to speak, the hearing was closed, and the matter placed
before the Board.
Motion was offered by Ms. Humphris to approve SP-2001-37 subject to the conditions
recommended by the Planning Commission. The motion was seconded by Mr. Perkins. Roll was called,
and the motion carried by the following recorded vote:
AYES: Mr. Perkins, Ms. Thomas, Mr. Dorrier, Ms. Humphris and Mr. Martin.
NAYS: None.
ABSENT: Mr. Bowerman.
(Note: The conditions of approval are set out in full below.)
1.The building expansion shall be in general accord with the sketch plan titled
"Sketch Showing Proposed Addition to Parish Hall and Additional Parking Property
of St. John the Baptist Episcopal Church" by Roudabush and Gale, dated
September 25, 2001 (Attachment A - on file);
2.The proposed parking areas shall be constructed at a six (6)-inch depth using #21
or #21A gravel prior to the issuance of a Certificate of Occupancy, with existing
gravel used as a base for new improvements;
3.Prior to the issuance of a Building Permit, the subject parcels, described as Tax
Map 73, Parcels 20, 20B, 28A and 28B, shall be consolidated into one (1) parcel;
and
4.Health Department approval of well and septic systems shall be required.
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Agenda Item No. 12. SP-2001-041. Mott Bros. Handcrafted Furniture LLC (Sign #72). Public
hearing on a request to allow a custom artisan furniture shop in accord w/Sec 10.2.2.31 of the Zoning Ord.
TM 48, P 25, contains 99.02 acs. Loc on Stony Point Pass (Rt 600), approx .6 mls from the intersec of Rt
600 & Rt 20. Znd RA. Rivanna Dist. (Notice of this public hearing was advertised in the Daily Progress on
October 29 and November 5, 2001.)
Mr. Cilimberg summarized the staffs report. He said this is a request for a Home Occupation-
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Class B, to allow for the operation of a custom artisan furniture shop during daylight hours. Sale will be
conducted off-site, and there would be minimal delivery of materials. The applicant would use an existing
24' x 18' shed for the production of the furniture products. The applicant does not plan to hire any
employees. There would be no outdoor store. The hours of operation would be defined as beginning at
7:00 a.m. and ending at 10:00 p.m. The shed is located approximately in the center of 99.02 acres and is
not visible from any adjacent residential dwellings. Any consequential noise to adjoining property owners
that is produced by woodworking equipment would be no more than normal for farm equipment.
Mr. Cilimberg said staff recommended approval subject to three conditions. The Planning
Commission, at its meeting on October 23, 2001, recommended approval subject to those three conditions,
plus Condition No. 4 reading: All waste materials shall be disposed of in accordance with hazardous
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waste regulations.
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Mr. Martin mentioned the statement The applicant does not plan to hire any employees. He
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asked if there is a provision for employees under this permit provision. Mr. Cilimberg said the supplemental
regulations for a Home Occupation-Class B permit, allows up to two employees. Anything above two would
require modification of the regulations.
Ms. Humphris said in reading the Planning Commissions minutes, she noticed that no members
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asked where the completed furniture would be stored. She is curious because it seems obvious that there
is not room in the shed to store furniture which would be made available at craft fairs and horse shows, etc.
Mr. Cilimberg said the applicant may want to address that question. He thinks that if this is custom
furniture, it is being done one piece at a time and not accumulated for sale.
Ms. Humphris said she would have thought so, but when she goes to arts and crafts fairs, people
who make furniture have pieces there, and that would have to be stored somewhere in order to build up a
supply for sale. She wonders if there is anything else the Board needs to know about this request.
Ms. Thomas said the Board should address these questions to the applicant. She noticed that
there will be no outdoor storage. (Note: Mr. Bowerman arrived at the meeting at 7:24 p.m.)
Mr. Robert Mott, the applicant, said the farm they live on has a barn with an upstairs hayloft which is
very large. He uses that for storing boxes and winter clothing, etc. It contains enough space to store items
which will not fit in the house. Currently, he makes Adirondack chairs and tables and also tack trunks. He
has two tack trunks in his house as pieces of furniture. They have photographed those items and they are
November 14, 2001 (Regular Night Meeting)
(Page 8)
on his Website and in his brochures. If he does not have a physical item on hand to show the type of
craftsmanship, there is the photography. The Adirondack chairs that he has now, are sitting outside in his
garden to see how they weather.
With no further questions for the applicant, the public hearing was opened. With no one from the
public rising to speak, the public hearing was closed, and the matter placed before the Board.
Motion was offered by Mr. Martin to approve SP-2001-41 subject to the four conditions
recommended by the Planning Commission. The motion was seconded by Ms. Humphris. Roll was
called, and the motion carried by the following recorded vote:
AYES: Mr. Perkins, Ms. Thomas, Mr. Bowerman, Mr. Dorrier, Ms. Humphris and Mr. Martin.
NAYS: None.
(Note: The conditions of approval are set out in full below.)
1.There shall be no on-site sales;
2.There shall be no outdoor storage of materials;
3.All production activity of the custom-made furniture shall occur within the
confines of the existing 24' x 18' shed; and
4.All waste materials shall be disposed of in accordance with hazardous waste
regulations.
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(Note: At 7:25 p.m., the Board recessed in order to read the communication just received
pertaining to the next three agenda items for Food Lion. Mr. Cilimberg said he has a list of written revised
conditions which reflect the request in the communication. He distributed a copy of these to the Board
members. The Board reconvened at 7:31 p.m.)
Agenda Item No. 7. SP-2001-025. Food Lion at Branchlands (Signs #29 & 32). Public hearing on
a request to display seasonal plant items outdoors in an EC at Food Lion Store loc on E sd of Rt 29, S of
Branchlands Blvd & W of Hillsdale Dr. Znd PUD & EC. TM 61Z, Sect 3, P 11. Rio Dist. (Notice of this
public hearing was advertised in the Daily Progress on October 29 and November 5, 2001.)
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Agenda Item No. 8. SP-2001-026. Food Lion at Mill Creek (Signs #25 & 28). Public hearing on a
request to display seasonal plant items outdoors in an EC at Food Lion Store loc on S Sd of Shopping
Center, on NE corner of Avon St (Rt 742) & Mill Creek Dr. Znd PD-SC & EC. TM 77, P 47. Scottsville Dist.
(Notice of this public hearing was advertised in the Daily Progress on October 29 and November 5, 2001.)
__________
Agenda Item No. 9. SP-2001-027. Food Lion at Forest Lakes (Signs #23 & 24). Public hearing on
a request to display seasonal plant items in an EC at Food Lion Store loc in Forest Lakes Shopping Center
b/t Timberwood Blvd & Proffit Rd, W of Worth Crossing. Znd PD-SC & EC. TM 46B4, Ps 2&3.
Rivanna Dist. (Notice of this public hearing was advertised in the Daily Progress on October 29 and
November 5, 2001.)
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Mr. Cilimberg said he would summarize all three requests at one time since they are essentially the
same with the exception of an aisle at one location. He said originally conditions which would apply to all
three requests were recommended by staff based on ARB review. In that recommendation there was
inclusion of three-foot wide aisle at all stores. The Commission changed it to a four-foot wide aisle, and the
applicant is asking that it be left at three feet for just the Food Lion at Forest Lakes. Also, the applicant is
requesting that firewood be added to the list of materials to be displayed. Staff talked with the Design
Planner who works with the ARB and she felt that if the firewood is displayed at the height limitation which
applies to all display items, it would not be an issue. Staff has provided to the Board a list of conditions
which reflect those changes (Revised Conditions for Food Lion Special Use Permit for Outdoor Display
handed out at this meeting). He said the three-foot minimum width aisle would only apply to the Forest
Lakes Food Lion, but would stay at four feet at the other two stores. Staff also made an additional
reference under Condition No. 4 adding: revised as referenced in the November 12 letter from the
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applicant. Under Condition No. 5, firewood was added to the list of other stored materials.
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Mr. Dorrier asked if at the other stores outside of the Entrance Corridor, they are required to get a
special use permit for outdoor displays. Mr. Cilimberg said if the store is in an Entrance Corridor, or visible
from an Entrance Corridor, they need a permit.
Ms. Thomas questioned the wording of Condition No. 1, Items shall be displayed only in the areas
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of the recessed walkway in front of the store and along the front of the projected entranceway. She asked
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if this fits with the other conditions. Mr. Cilimberg said that condition will apply at all the stores.
At this time, Ms. Thomas invited the applicant to speak.
Ms. Valerie Long was present to represent Food Lion. She said she did not intend to create any
confusion or take up any additional time of the Board. She was advised by staff that the letter might make
things easier because she was going to request a modification for the Forest Lakes Store and to add the
November 14, 2001 (Regular Night Meeting)
(Page 9)
firewood bundles. It was an oversight on her part to have left firewood off of the list. They request the
modification for the Forest Lakes Store because of its smaller dimensions. She showed to the Board
members a sketch of the store showing a metal railing on the south side. That is not a movable fixture, so
no matter how many carts are parked in that area, there will only be three and one-half feet between the
railing and the display items. On the other side of the store, there is no such railing, but sometimes there
are two rows of carts. There is plenty of room on both sides for people to move through. She also had
photographs of each of the stores taken in late September. The display area is almost identical at all three
locations.
Mr. Dorrier asked if Food Lion has had displays in previous years. Ms. Long said yes, but the
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stores were not aware they were not in compliance when storing items outside. When Toys R Us was
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required to get a permit for outdoor storage, they asked if Food Lion had a permit. The Zoning Department
asked Food Lion to come into compliance, and they have allowed Food Lion to continue to display the
items while pursuing the permits.
Ms. Thomas said she is concerned about the difference between the three-foot and four-foot
recommendations. She asked why the display has to be that close to the shopping carts. The diagram
shows that they are four-foot square pallets. She had assumed that nothing could overhang onto the
parking lot side of the line, but the photograph shows baskets hanging over that line onto the ground. If
things could be placed in front of that overhanging line, that would be a way to be sure the aisle is a four-
foot aisle width. Does the condition mean that there can be nothing placed over that line?
Ms. Long said there is not supposed to anything there because it is designated as a parcel pickup
area. Mr. Cilimberg said that would not be allowed.
Mr. Long said that is not the fire lane. That is another issue they have been trying to resolve with
the fire marshal. The signage at that store is incorrect. The north side of the building is a designated parcel
pickup area. The right side of the store is the fire lane. Unfortunately, the signage was reversed. The
reason they did not want any of the display items in the striped area is because they were concerned that
people might drive over the display when pulling up to the parcel pickup. On the side to be marked as a fire
lane, the fire marshal did not want any display items in the fire lane.
Mr. Dorrier asked if the supply of these items is much smaller after the Christmas season is over,
and there is no surplus after January. Ms. Long said generally things sell out quickly. If the firewood does
not sell, the vendor comes back and takes whatever is left.
Mr. Dorrier asked if these items will be replaced by garden supplies in the spring. Mr. Michael
Craig, Food Lion Manager for the Charlottesville stores said in April they bring in bedding plants, potting soil,
etc. These items last until June.
Mr. Dorrier asked if the permit has to be renewed each year. Mr. Tucker said the permit runs with
the land.
Mr. Dorrier asked if there have been any problems with what has been happening at the Food Lion
stores. Mr. Craig said there have been few problems. It was brought to his attention that they were not in
compliance and needed a special use permit in order to carry these items which are a huge part of their
business.
Ms. Thomas suggested that the Board take action on each petition separately. For SP-2001-025,
the conditions of approval are as set out on the Revised List handed out at todays meeting.
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Motion was offered by Ms. Humphris to approve SP-2001-025, Food Lion at Branchlands, subject
to the six conditions recommended by the Planning Commission, as amended by the Board in Condition
No. 4 by adding the words ... revised as referenced in the November 12 letter from the applicant. and in
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Condition No. 5 by adding the word firewood.
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The motion was seconded by Mr. Bowerman. Roll was called, and the motion carried by the
following recorded vote:
AYES: Mr. Perkins, Ms. Thomas, Mr. Bowerman, Mr. Dorrier, Ms. Humphris and Mr. Martin.
NAYS: None.
(Note: The conditions of approval for SP-2001-025 are set out in full below.)
1.Items shall be displayed only in the areas of the recessed walkway in front of the
store and along the front of the projected entranceway;
2.Mark and maintain a pedestrian aisle (minimum four (4) foot wide) along entire
length of the store excluding the area in front of the projected entranceway;
3.No additional lighting shall be introduced to the site for the purpose of illuminating
this display;
4.Display items shall be limited to those listed in Attachment A (on file), revised as
referenced in the November 12, 2001, letter from the applicant;
5.Storage of bagged mulch, firewood and potting soil shall be limited to the recessed
display areas on the sides of the entranceway and not be stacked higher than
three (3) feet; and
6.No new signage associated with this use shall be permitted. Pricing information
shall not be displayed higher than three (3) feet.
November 14, 2001 (Regular Night Meeting)
(Page 10)
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Motion was offered by Ms. Humphris to approve SP-2001-026, Food Lion at Mill Creek, subject to
the six conditions recommended by the Planning Commission, as amended by the Board in Condition No. 4
by adding the words ... revised as referenced in the November 12 letter from the applicant, and in
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Condition No. 5 by adding the word firewood.
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The motion was seconded by Mr. Bowerman. Roll was called, and the motion carried by the
following recorded vote:
AYES: Mr. Perkins, Ms. Thomas, Mr. Bowerman, Mr. Dorrier, Ms. Humphris and Mr. Martin.
NAYS: None.
(Note: The conditions of approval for SP-2001-026, Food Lion at Mill Creek, are set out in full
below.)
1.Items shall be displayed only in the areas of the recessed walkway in front of the
store and along the front of the projected entranceway;
2.Mark and maintain a pedestrian aisle (minimum four (4) feet wide) along entire
length of the store excluding the area in front of the projected entranceway;
3.No additional lighting shall be introduced to the site for the purpose of illuminating
this display;
4.Display items shall be limited to those listed in Attachment A (on file), revised as
referenced in the November 12, 2001, letter from the applicant;
5.Storage of bagged mulch, firewood and potting soil shall be limited to the recessed
display areas on the sides of the entranceway and not be stacked higher than
three (3) feet; and
6.No new signage associated with this use shall be permitted. Pricing information
shall not be displayed higher than three (3) feet.
__________
Motion was offered by Mr. Martin to approve SP-2001-027, Food Lion at Forest Lakes, subject to
the six conditions recommended by the Planning Commission, as amended by the Board in Condition No. 4
by adding the words ... revised as referenced in the November 12 letter from the applicant, in Condition
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No. 5 by adding the word firewood, and in Condition No. 2 by changing four-foot wide to three-foot
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wide.
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The motion was seconded by Ms. Humphris. Roll was called, and the motion carried by the
following recorded vote:
AYES: Mr. Perkins, Ms. Thomas, Mr. Bowerman, Mr. Dorrier, Ms. Humphris and Mr. Martin.
NAYS: None.
(Note: The conditions of approval for SP-2001-027, Food Lion at Forest Lakes, are set out in full
below.)
1.Items shall be displayed only in the areas of the recessed walkway in front of the
store and along the front of the projected entranceway;
2.Mark and maintain a pedestrian aisle (minimum three (3) feet wide) along entire
length of the store excluding the area in front of the projected entranceway;
3.No additional lighting shall be introduced to the site for the purpose of illuminating
this display;
4.Display items shall be limited to those listed in Attachment A (on file), revised as
referenced in the November 12, 2001, letter from the applicant;
5.Storage of bagged mulch, firewood and potting soil shall be limited to the recessed
display areas on the sides of the entranceway and not be stacked higher than
three (3) feet; and
6.No new signage associated with this use shall be permitted. Pricing information
shall not be displayed higher than three (3) feet.
_______________
Agenda Item No. 13. Approval of Minutes: September 19, September 27 (A) and October 10,
2001.
No minutes had been read.
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Agenda Item No. 14. From the Board: Matters Not Listed on the Agenda.
Ms. Thomas presented to Mr. Martin a plaque from the Virginia Association of Counties (VACO)
honoring him for his ten years of dedicated service to county government.
__________
Mr. Davis said, as requested at the last meeting, he has prepared a draft letter to the Virginia
Department of Transportation (VDOT) regarding the Supplemental Environmental Impact Statement (SEIS)
for the Route 29 Bypass project. In the letter two or three points previously discussed with the Board are set
out. One is that the Board requests two full public hearings, one at the scoping stage of the SEIS and one
November 14, 2001 (Regular Night Meeting)
(Page 11)
after the draft preliminary SEIS has been prepared. The Board is on record noting that this has been a
controversial project which requires a lot of public input and scrutiny.
Mr. Davis said the second issue addressed is that the Board feels the traffic count used in the prior
studies needs to be updated for this SEIS. He asked that the Board consent to Ms. Thomas signing the
letter once it is in an acceptable form.
Ms. Thomas said when the Metropolitan Planning Organization (MPO) discussed this SEIS, they
pointed out in their letter that the goal is not to have VDOT regard the Black & Veitch Study as the final
word. The MPO decided to say there are continuing questions. The traffic count is a major reason why
there are questions, but there is also a technical matter about rainfall. (The study is based on average
rainfall and does not examine the impacts of single storm events.) If other Board members have a concern
about that, she would suggest that the letter include that question. Mr. Bowerman said that is a good point,
and he agrees.
Ms. Humphris said she learned today that the Southern Environmental Law Center (SELC) hired a
consultant to critique the Black & Veitch Study, and they have sent a letter to VDOT. Mr. Davis said he has
seen the letter, but not the study.
Ms. Thomas said she has not had time to read the letter, but, as to the public hearings, this Board
has expressed concern that the VDOT walk about public hearings do not allow for the public to hear each
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other's comments. There might be some wording used to express what kind of public hearing is wanted.
Mr. Davis said that issue is addressed, and he did ask for full public hearings rather than the public
information meetings which VDOT calls walk abouts.
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Ms. Thomas said a copy of the draft letter will be sent to the other members by E-mail and
comments can be returned before the letter is finalized and signed.
__________
Ms. Thomas said there is no other meeting in November. The Board will meet twice in December,
and then will not meet until the second Wednesday in January. She asked what time that meeting will
begin. Mr. Tucker said that has not yet been determined.
Mr. Dorrier asked if the Boards retreat is scheduled for early in March. Mr. Tucker said that is
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being worked out with the facilitator, and then the Boards individual calendars will be checked before
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determining the date.
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Agenda Item No. 15. Adjourn. With no further business to come before the Board, the meeting
was adjourned at 7:55 p.m.
________________________________________
Chairman
Approved by the
Board of County
Supervisors
Date: 12/05/2001
Initials: LAB