2000-01-19January 19, 2000 (Regular Night Meeting)
(Page 1)
A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on January
19, 2000, at 7:00 p.m., Room 241, County Office Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Mr. David P. Bowerman (arrived at 7:10 p.m.), Mr. Lindsay G. Dorrier, Jr. (arrived at
7:04 p.m.), 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,
Senior Deputy Clerk, Laurie Bentley, and, County Planner, V. Wayne Cilimberg.
Agenda Item No. 1. The meeting was called to order at 7:00 p.m., by the Chairman, Mr. Martin.
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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. Other 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 Ms.
Thomas, to approve Items 5.1 through 5.5 and to accept the remaining items on the Consent Agenda as
information.
Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Bowerman, Mr. Dorrier, Ms. Humphris, Mr. Martin, Mr. Perkins and Ms. Thomas.
NAYS: None.
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Item 5.1. Appropriation: High Growth Coalition Lobbyist Funding, $1000 (Form #99051).
It was noted in the staffs report that at its January 5, 2000, meeting, the Board agreed by
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consensus to provide funding for a growth coalition lobbyist during the 2000 Session of the General
Assembly. In addition, the Board agreed that the County would contribute at least $500, not to exceed
$1000, for lobbying services. Staff recommends approval of Appropriation Form #99051 in the amount of
$1000 with the funds coming from the General Fund balance.
By the above recorded vote, the following Resolution of Appropriation was adopted:
APPROPRIATION REQUEST
FISCAL YEAR: 1999-00
NUMBER: 99051
FUND: GENERAL
PURPOSE OF APPROPRIATION: FUNDING FOR GROWTH COALITION LOBBYIST
EXPENDITURE
COST CENTER/CATEGORYDESCRIPTIONAMOUNT
1 1000 11010 312210 CONTRACT SERVICES$1,000.00
TOTAL$1,000.00
REVENUEDESCRIPTIONAMOUNT
2 1000 51000 510100 GENERAL FUND BALANCE$1,000.00
TOTAL$1,000.00
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Item 5.2. Resolution in support of Scottsville Historic Streetscape Project.
By the above recorded vote, the following resolution of support for the Scottsville Historic
Streetscape Project was adopted:
SCOTTSVILLE HISTORIC STREETSCAPE PROJECT
RESOLUTION OF SUPPORT
WHEREAS, the Town of Scottsville has applied for funding from the Common-
wealth Transportation Board to fund a streetscape enhancement program for the Historic
District of downtown Scottsville; and
WHEREAS, the Scottsville Historic Streetscape Project will enhance the beauty
of downtown Scottsville for its residents and the citizens of Charlottesville and Albemarle
County and other areas of Virginia and the world; and
January 19, 2000 (Regular Night Meeting)
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WHEREAS, the Scottsville Historic Streetscape Project supports and reinforces
goals of the Albemarle County Comprehensive Plan and will protect Albemarle County's
historic and cultural resources; and
WHEREAS, the Scottsville Historic Streetscape Project will help promote the
Town of Scottsville as a destination for sightseers and tourists and enhance the economic
viability of the Town and southern Albemarle County;
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of
Supervisors hereby endorses the Scottsville Historic Streetscape Project and recom-
mends its funding by the Virginia Department of Transportation.
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Item 5.3. Trinity Presbyterian Church Road Maintenance Agreement, Authorize County Executive
to execute on behalf of the Board of Supervisors.
It was noted in the staffs report that Trinity Presbyterian Church abuts Fontaine Avenue Extended,
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a public right-of-way whose maintenance by VDOT has been discontinued. SP-98-63 was granted by the
Board this past year to authorize Trinity Presbyterian Church to expand its church facilities. Condition No. 4
of SP-98-63 requires that the church provide evidence of a road maintenance agreement prior to approval
of the final site plan. The property owners on the portion of the road that would be covered by the road
maintenance agreement are the church and the Commonwealth of Virginia (Department of Forestry land is
on the other side of the road). Because the parties to road maintenance agreements are typically the
property owners of the land abutting the road, it was anticipated that the church and the Commonwealth
would be the parties to the agreement, with the church assuming the obligation to maintain the road, and
the Commonwealth having the authority to assure that the terms of the agreement were satisfied. The
Commonwealth declined to enter into the agreement so it is proposed that the County be a party to the
agreement to assure that the terms of the agreement are satisfied.
The proposed road maintenance agreement adequately addresses the criteria for such
agreements (Albemarle County Code 14-313), and it is in a form that satisfies Condition No. 4. The
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agreement would require the church to maintain the road in a condition that assures it will remain passable
except in the most extreme weather events. The costs of maintenance are the responsibility of the church,
and under no circumstances will the County be responsible for maintenance costs. As a party to the
agreement, the County may request the church to maintain the road to the agreed-to standard, and enforce
the terms of the agreement in a legal action if the church fails to maintain the road according to those
standards.
The County Attorney's Office has approved the agreement as to form, and staff recommends that
the Board authorize the County Executive to execute the agreement on behalf of the Board of Supervisors
after it has been executed by representatives of the church.
By the above recorded vote, the County Executive was authorized to execute the following
Road Maintenance Agreement :
ROAD MAINTENANCE AGREEMENT
THIS ROAD MAINTENANCE AGREEMENT made this 13th day of December,
1999, by THOMAS W. GILLIAM, JR., WILLIAM E. CARTER, and LUCINDA B. LALLY,
Trustees of Trinity Presbyterian Church, hereinafter collectively referred to as Grantor,
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and THE COUNTY OF ALBEMARLE, Grantee,
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W I T N E S S E T H :
WHEREAS, the Grantor is the owner of a parcel of land situated in Albemarle
County, Virginia, identified on Albemarle County Tax Map 76 as Parcel 17C and Parcel
17C1, containing 17.54 acres, more or less, as shown on a plat of R. O. Snow & Associ-
ates, dated November 19, 1981, which is recorded in the Clerks Office of the Circuit
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Court of Albemarle County, Virginia, in Deed Book 730, page 465; and
WHEREAS, the Grantor has been using a right-of-way for more than 20 years,
which right-of-way is 50 feet wide and is shown on the aforesaid plat of R. O. Snow &
Associates, dated November 19, 1981, as Old U.S. Route 29"; and
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WHEREAS, the Grantor has submitted an application to the County of Albemarle
for a special use permit to allow an additional building and parking and outdoor recre-
ational area to be constructed on Grantors property and the County of Albemarle has
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approved the application subject to certain conditions; and
WHEREAS, the approval by the County of Albemarle of the special use permit is
subject to the Grantor providing evidence of a road maintenance agreement for the 50
foot wide right-of-way in question (also known as Fontaine Avenue Extended) prior to
approval of the final site plan;
NOW, THEREFORE, in consideration of the premises and mutual covenants
and agreements provided hereafter, the Grantor hereby declares that the parcels
January 19, 2000 (Regular Night Meeting)
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described above and shown on Albemarle County Tax Map 76 as Parcels 17C and 17C1
shall be held, transferred, sold, conveyed, and occupied subject to the covenants,
easements, and charges hereinafter set forth, which are hereby imposed to enhance and
protect the value and desirability of said parcels. The provisions set forth herein shall run
with the land and shall be binding upon any and all parties who have, or shall acquire,
any right, title or interest in all or any part of the said parcels and shall inure to the benefit
of each Owner thereof.
ARTICLE I - DEFINITIONS
The following words, when used in this Agreement, shall have the following
meanings:
1.01Access Easement shall mean and refer to the access easement
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referred to in Section 2.01 hereof.
1.02Owner shall mean and refer to the record owner, whether one or more
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persons or entities, including Grantor, of the fee simple title to the parcels of land de-
scribed herein and known on Albemarle County Tax Map 76 as Parcels 17C and 17C1.
ARTICLE II - ACCESS EASEMENT
2.01Access Easement. Grantor does hereby acknowledge the existence of
the following Access Easement: A nonexclusive access easement fifty feet (50') in width
along the eastern property line of Grantor for ingress and egress to and from State Route
702; the location of the Access Easement is shown as Old U.S. Route 29" on a plat of R.
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O. Snow & Associates, dated November 19, 1981, and recorded in the Clerks Office of
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the Circuit Court of Albemarle County, Virginia, in Deed Book 730, page 465.
2.02Maintenance. The costs of repair, maintenance, upkeep, improvement
or replacement (hereinafter Maintenance) of the Access Easement and the road
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located therein will not be borne by the County of Albemarle, the Commonwealth of
Virginia, or any public agency, but rather shall be the responsibility of and shall be borne
by the Grantor.
2.03Standards of Maintenance. The Grantor shall determine the standards
to which the Access Easement and the road located therein shall be maintained; pro-
vided, however, that any portion of the road and related improvements shall be main-
tained in such condition that the road is passable at all times for ordinary use by passen-
ger automobiles, excepting only severe, temporary weather conditions such as snow or
ice.
2.04Uses of Road. The uses of the road within the Access Easement shall
be consistent with the current use, which is primarily for passenger vehicles and service
vehicles. During construction activities, when heavy equipment must use the road, the
party conducting the construction activity shall be responsible for repairing any damage to
the road.
2.05Personal Liability and Enforcement.
(a)Personal Liability for Maintenance. The Grantor shall be liable and
responsible for one hundred percent (100%) of the costs of maintenance as set forth in
Sections 2.02 and 2.03 above, which are incurred during the Grantors ownership of
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Parcels 17C and 17C1 on Albemarle County Tax Map 76, and the Grantor shall pay to
the person or corporation performing such maintenance the costs of maintenance within
thirty (30) days following completion of such maintenance.
(b)Enforcement. The Grantee may request in writing that the Grantor
maintain the road to the standards set forth in Section 2.03. After the Grantee has made
such a written request, the Grantor shall promptly perform whatever maintenance work is
necessary so that the road satisfies the standards. The Grantee may bring an action at
law against the Grantor if the Grantor fails to maintain the road to the standards set forth
in Section 2.03. If the Grantor shall fail to pay the costs of maintenance as provided
above, the Grantee or the person or corporation performing such maintenance may bring
an action at law against the Grantor.
ARTICLE III - GOVERNING LAW
This Agreement shall be construed, interpreted and applied according to the
laws of the Commonwealth of Virginia and the County of Albemarle.
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Item 5.4. Cancel public hearing on Batesville Truck Restriction.
Ms. Thomas said the residents in Batesville asked to have this request removed from the agenda.
On paper it seemed like a good idea, but it aroused too much concern among legitimate businesses who
January 19, 2000 (Regular Night Meeting)
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said they were afraid their trucks would be confused with through trucks, and they would be harassed. She
said that she and the residents would like to thank staff for the work they did on this request.
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Item 5.5. Authorize County Executive to sign service agreement with Seminole Volunteer Fire
Department, Inc.
It was noted in the staffs report that several years ago Albemarle County established a revolving
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fund to be used by the ten volunteer fire and rescue companies in the County. This fund, currently funded
at $2.0 million, provides the volunteer companies a means of acquiring needed firefighting and rescue
squad equipment and buildings, interest free, with repayments being deducted from their annual County
appropriation. Requests for disbursements from the fund are monitored and approved by the Jefferson
Country Fire and Rescue Association (JCFRA).
The current amount available in the revolving fund is $274,094.32. Seminole Trail Volunteer Fire
Department has requested, through JCFRA, an advance of $274,000 to be used for the purchase of a fire
pumper and has executed the standard service agreement approved by the County Attorney's office. This
advance can be disbursed upon approval of this agreement by the Board. Repayment of the allocation will
be over an eight-year period beginning in FY 2000-01. JCFRA has approved this request. Staff recom-
mends that the County Executive be authorized to execute the Service Agreement.
By the above recorded vote, the County Executive was authorized the sign the following
Service Agreement between the County of Albemarle, Virginia, and the Seminole Volunteer Fire
Department, Inc.:
SERVICE AGREEMENT
THIS AGREEMENT, made this ______ day of __________, 2000, by and
between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision, (the County),
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and the SEMINOLE TRAIL VOLUNTEER FIRE DEPARTMENT, a Virginia Corporation,
(the Fire Department).
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WHEREAS, the Fire Department agrees to continue to provide valuable fire
protection services in Albemarle County in its delineated service area as set forth on the
Response Area Maps located at the Emergency Operations Center (Service Area); and
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WHEREAS, the Fire Department desires the County to contribute Two Hundred
Seventy-Four Thousand Dollars ($274,000) for the purchase of a fire pumper for
providing fire services.
NOW, THEREFORE, for and in consideration of the above stated premises, the
County and Fire Department agree, as follows:
1. The County shall contribute to the Fire Department Two Hundred Sev-
enty-Four Thousand Dollars ($274,000) to be used for the purchase of a fire pumper.
The funds shall be allocated from the Countys Fire Fund (Fund) and shall be made
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available upon execution of this agreement.
2. The Fire Department agrees that the County will withhold Thirty-Four Thou-
sand Two Hundred Fifty Dollars ($34,250.00) from the Countys annual appropriation to
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the Fire Departments operating budget beginning July, 2000 and ending after a final
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withholding in July, 2007. Thus at the end of eight (8) years, which is the term of this
Agreement, a total of $274,000 shall be withheld. This withholding may be used by the
County to replenish the Fund for so long as the County, at its discretion, continues such
Fund. The Fire Department agrees that any amount of this repayment which may
exceed the Countys annual appropriation will be remitted to the County no later than July
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31 of each repayment year.
3. The Fire Department agrees that the Two Hundred Seventy-Four Thousand
Dollars ($274,000) contribution shall be used only for the purchase of the fire pumper to
be used to provide fire services in Albemarle County. The Fire Department further
agrees that it shall not convey the fire pumper or any interest therein to any party other
than the County without the Countys prior written consent during the useful life of the fire
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pumper or the term of this Service Agreement, whichever is longer. For purposes of this
Agreement, the useful life of the fire pumper shall be fifteen years from the date the fire
pumper is placed into service. In addition, the Fire Department agrees that any insurance
proceeds received from a claim related to any damage to the fire pumper shall be used
entirely for the immediate repair and improvement of the fire pumper unless the County
expressly authorizes in writing a different use for such proceeds.
4. The Fire Department agrees that at such times as it no longer provides
voluntary fire protection services in Albemarle County while operating under the jurisdic-
tion of the County that it shall convey all of its interest in the vehicle described in para-
graph 1 to the County at no additional cost to the County upon the Countys request.
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January 19, 2000 (Regular Night Meeting)
(Page 5)
5. Nothing contained herein shall be construed to prevent additional appropria-
tions by the County to the Fire Department, at the discretion of the County Board of
Supervisors, to support, enhance, or augment the services to be provided by the Fire
Department.
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Item 5.6. Copies of Planning Commission minutes for December 14 and December 21, 1999,
were received for information.
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Item 5.7. Notice of an application dated January 5, 2000, by Virginia Electric and Power Company
(Case No. PUE990717) with the State Corporation Commission to revise its fuel factor pursuant to
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56-249.6 of the Code of Virginia, was received for information.
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Agenda Item No. 6. SP-99-64. Crozet Baptist Church (Signs #41 & 42). PUBLIC HEARING on a
request to allow Sunday school/educational class use on the first floor at two residences owned by Crozet
Baptist Church in accord w/Sec 18.14.2.2.12 of the Zoning Ord. TM 56A1, Sec 1, P 100 & TM 56A1, Sect
1, P 82, contains .086 acs. Located on Saint George Ave (Rt 1202). The site is located approx 1000' from
the intersect of Rt 810. Znd R-2. White Hall Dist. (Notice of this public hearing was advertised in the Daily
Progress on January 3 and January 10, 2000.)
Mr. Cilimberg summarized the staffs report which is on file in the Clerks Office and made a part of
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the permanent records of the Board of Supervisors. He said the request is to bring a nonconforming
church into conformity and allow expansion of the church use in the form of a Sunday School/educational
class use on the first floor of two residences/parsonages owned by the Crozet Baptist Church.
Parsonage A is located across St. George Avenue opposite the church and has been reserved as a
residence for the youth minister who currently lives elsewhere and does not need the residence full-time.
The Building Official has authorized the first floors of both dwellings for areas of assembly. The second
floor is proposed to be used for storage and occasional overnight use by the minister. There will be no
external changes to the building.
Parsonage B is located next to the church. and is primarily used as a residence for missionary
workers visiting the area. The applicant proposes to continue this use, but would like the flexibility to use the
first floor for educational rooms at some point in the future. There will be no external changes to the
building.
Mr. Cilimberg said staff recommended approval of SP-99-64 subject to two conditions. The
Planning Commission, at its meeting on December 14, 1999, unanimously recommended approval subject
to the staffs recommended conditions, and a third condition reading: The use of the residences/
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parsonages for Sunday School/education classes shall be permitted only on the first floor of each resi-
dence/parsonage located on Tax Map 56A1, Section 1, Parcels 82 and 100.
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With no questions from Board members, Mr. Martin asked the applicant to speak.
Dr. Thomas said the church appreciates the efforts of all County staff in this matter, and they
accept the proposed conditions.
The public hearing was opened. With no one from the public rising to speak, the public hearing
was closed.
Motion was offered by Mr. Perkins, seconded by Ms. Thomas, to approve SP-99-64 subject to the
three conditions recommended by the Planning Commission. Roll was called, and the motion carried by
the following recorded vote:
AYES: Mr. Bowerman, Mr. Dorrier, Ms. Humphris, Mr. Martin, Mr. Perkins and Ms. Thomas.
NAYS: None.
(Note: The conditions of approval are set out in full below.)
1.There shall be no day care center or private school on site without a separate
special use permit;
2.Any enlargement or expansion of the church use or structures will require an
amendment to this special permit (SP-99-64); and
3.The use of the residences/parsonages for Sunday School/educational classes
shall be permitted only on the first floor of each residence/parsonage located on
Tax Map 56A1, Section 1, Parcels 82 and 100.
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Agenda Item No. 7. Because the applicant for SP-99-65, Pegasus Motor Car, was not present at
this time, Mr. Martin suggested the Board skip this item and come back to it later in the meeting.
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Agenda Item No. 8. PUBLIC HEARING to consider request for funding under the Commonwealth
of Virginia's Transportation Enhancement Program (TEA-21) for the following project: construction of
sidewalk on Stony Point Rd (Rt 20) from Richmond Rd (Rt 250E) to Fontana Dr/Darden Towe Park
January 19, 2000 (Regular Night Meeting)
(Page 6)
entrance. Albemarle County will provide all non-Federal matching funds. (Notice of this public hearing was
advertised in the Daily Progress on January 3 and January 10, 2000.)
Mr. Cilimberg said the Board of Supervisors must hold a public hearing and endorse a resolution
indicating support for this project and its willingness to pay 20 percent of the total cost for planning and
design, right-of way acquisition and construction. There are no other project requests from the County, but
the Town of Scottsville is submitting a separate application for a streetscape project and requesting County
endorsement.
Mr. Cilimberg said this segment of Route 20 provides access to a portion of the County's urban
area which has been rapidly developing in recent years. It connects three residential developments, Wilton
Farm Apartments (144 units), Wilton Country Homes (40 units), and the Fontana Subdivision (200 lots), as
well as Darden Towe Park (a major County public facility) to Route 250 East, a major
retail/commercial/office corridor. At present, there is no facility for pedestrians living or working in the area
to safely and conveniently walk Route 20 and access the services and public facilities located along the
route and on Route 250. Pedestrians often walk along the shoulders of Route 20, which is estimated to
carry over 9900 vehicle trips/day (1997 estimate). Route 250 at its intersection with Route 20 carries over
35,000 vehicle trips/day. Presently there are sidewalks on both sides of Route 250. For this reason,
numerous individuals and members of the Board of Supervisors have requested that this be a high priority
project and the Board has established it as one of its highest priority sidewalk projects. The length of the
improvements is approximately 3000 feet. In addition to construction of sidewalks, the project also includes
landscape improvements (street trees/shrubs) and possible street lighting. The estimated cost is $350,000.
If approved by the Commonwealth Transportation Board, the County would be responsible for
approximately $70,000, which would be paid out of appropriated Capital Improvement Program funds.
Staff recommends that the Board endorse the proposed resolution.
Ms. Thomas asked if the staff has any photographs. She said this is an area where the danger can
be demonstrated. She thought it might enhance the Countys ability to obtain these funds. Mr. Cilimberg
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said staff will get some photos to go with the application.
Mr. Martin said he appreciates the Board and staff making this project such a high priority. Ms.
Thomas said the MPO endorsed this application yesterday.
Mr. Martin opened the public hearing. 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 Ms. Thomas, seconded Mr. Dorrier, to approve the TEA-21 Enhancement
Grant application before the Board for the construction project for sidewalk(s) on Route 20 from Route 250
East to Fontana Drive by adopting the following Project Endorsement Resolution.
Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Bowerman, Mr. Dorrier, Ms. Humphris, Mr. Martin, Mr. Perkins and Ms. Thomas.
NAYS: None.
(Note: The resolution, as adopted, is set out in full below.)
PROJECT ENDORSEMENT RESOLUTION
WHEREAS, in accordance with Commonwealth Transportation Board construc-
tion allocation procedure for TEA-21 Enhancement Grant applications, it is necessary
that a request by resolution be received for the local government or state agency in order
for the Virginia Department of Transportation to approve an enhancement project in the
County of Albemarle.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Albemarle County, Virginia, does hereby request the Commonwealth Transportation
Board to fund a construction project for sidewalk(s) on Route 20 from Route 250 east to
Fontana Drive.
BE IT FURTHER RESOLVED, that the Board of Supervisors hereby agrees to
pay 20 percent of the total cost for planning and design, right-of-way and construction of
this project, and that if the County of Albemarle subsequently elects to cancel this
project, it hereby agrees to reimburse the Virginia Department of Transportation for the
total amount of the cost expended by the Department through the date the Department is
notified of such cancellation.
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(Note: Mr. Bowerman arrived at the meeting at 7:10 p.m, and the Board returned to Agenda Item
No. 7.)
Agenda Item No. 7. SP-99-65. Pegasus Motor Car (Sign #38&39). PUBLIC HEARING on a
request to allow an add'l exterior display area to accommodate 5 vehicles, in accord w/Sec 30.6.3.2.b of the
Zoning Ord. TM 78, P 5G, contains 1.264 acs, .06 acs of which would be affected by the SUP. Located at
the NE corner of the intersec of Richmond Rd (Rt 250 E) with Stony Point Road (Rt 20). Znd HC & EC .
(The Comp Plan designates this property for Regional Service in Development Area 3.) A minor site plan
January 19, 2000 (Regular Night Meeting)
(Page 7)
amendment has been submitted in association with this request. Rivanna Dist. (Notice of this public
hearing was advertised in the Daily Progress on January 3 and January 10, 2000.)
It was ascertained that the applicant was not present at this time. After a short discussion, it was
the consensus of the Board to go forward with the public hearing. Ms. Humphris said the ARB did such a
thorough review of this application, and then the Planning Commission firmed up some of the conditions, so
she cannot think of anything else to do. (Note: The Planning Commission, at its meeting on December 14,
1999, had unanimously recommended approval of SP-99-65 subject to six conditions.)
Mr. Martin said he would open the public hearing at this time. With no one rising to speak, the
public hearing was closed and the matter placed before the Board.
Motion was offered by Ms. Humphris to approve SP-99-65 subject to the six conditions recom-
mended by the Planning Commission.
Ms. Thomas seconded the motion. She said she appreciates the work of the ARB. It was a
complex issue. She wanted to make sure legal counsel finds the wording an easily identifiable geometric
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pattern acceptable for a condition. Mr. Davis said they know what they are talking about, but that is a
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condition which is more enforceable in spirit than in court. He thinks there is consensus as to how it will be
interpreted.
With no further discussion, roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Bowerman, Mr. Dorrier, Ms. Humphris, Mr. Martin, Mr. Perkins and Ms. Thomas.
NAYS: None.
(Note: The conditions of approval are set out in full below.)
1. Vehicles shall not be elevated anywhere on site;
2.Vehicles for display shall be limited to five (5) cars;
3.The new vehicle display area shall be limited to an area that is defined by
vegetation, to be clearly delineated on the site plan and to be easily identifiable
on site;
4.Cars shall be parked in an orderly, easily identifiable geometric pattern in the
display area;
5.The display area shall be landscaped with the following:
Three 3 1/2" caliper trees in the southeast portion of the property;
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24" shrubs, five-feet on center, along the 104-foot-long grass area at the
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eastern end of the south side of the site. (It is recommended that these
shrubs be set back a minimum of 12' from the Route 250 property line to
avoid replanting following VDOT improvements.)
Shade and ornamental trees interspersed throughout the grass area at
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the southeast corner of the site, sufficient in number and size to soften
the appearance of the development at this corner, as indicated on the
color rendering submitted to staff; and
6.Use shall not commence until a Certificate of Appropriateness is issued by the
ARB for the site plan amendment.
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Agenda Item No. 9. Approval of Minutes: September 1, 1999.
Mr. Martin said he had read the minutes of September 1, 1999, and found them to be in order.
Motion was offered by Ms. Humphris, seconded by Ms. Thomas, to approve the minutes as read. Roll
was called, and the motion carried by the following recorded vote:
AYES: Mr. Bowerman, Mr. Dorrier, Ms. Humphris, Mr. Martin, Mr. Perkins and Ms. Thomas.
NAYS: None.
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Agenda Item No. 10. Other Matters not Listed on the Agenda from the BOARD.
Mr. Dorrier asked about the resolution supporting the Scottsville Streetscape Project. Ms. Thomas
said it was approved as part of the consent agenda.
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Mr. Dorrier said the Town of Scottsville is applying for a grant with the Albemarle County Service
Authority to get water and sewer out to Stoney Point Subdivision. It is located next to a large tract of land
owned by Dr. Charles Hurt. The Service Authority presented the matter to Scottsville Town Council. There
are four sources of funding for this project which is estimated to cost about $400,000. Since the property is
in the growth area, he felt the Board should see the request. The Service Authority thinks the project is
feasible and fits in with the package plant there. He would like to have this matter on the next agenda. Mr.
Tucker asked if there is anything staff should do. Mr. Dorrier said a representative from the Service
Authority, and a representative from the Roanoke consulting firm which is working on the grant, will be
present. Ms. Thomas asked if extension of a service area within the Town of Scottsville requires this
Boards approval. Mr. Davis said the property is already in the designated area. Mr. Dorrier said it would
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enhance the grant application if there were an endorsement of the project by this Board. Mr. Martin
January 19, 2000 (Regular Night Meeting)
(Page 8)
suggested that instead of having a presentation, the Board get a resolution it can endorse on the Consent
Agenda.
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Ms. Thomas said she thinks the ACE Committee should be involved in the Boards work session on
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the program. Mr. Tucker said they are helping staff put together data for the work session on
February 2.
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Ms. Thomas mentioned the on-going attempt to get legislation so VDOT can be allowed to
purchase more land to extend McIntire Park out into the County along the Meadow Creek Parkway since
that project takes about nine acres of McIntire Park. She said there was a meeting this morning in Delegate
Paul Harris' office with Mitch Van Yahres, Emily Couric, Carter Myers, Angela Tucker, David Blount, Gary
Grant and Meredith Richards, who all met with Commissioner Cunningham and decided to go ahead with
the legislation. The Commissioner has the ability now to purchase land in some situations, although it is
very constrained. All felt it would be better to have legislation general enough to apply in other similar
situations, but constrained enough so that no commissioner will purchase too much land.
Mr. Bowerman said that is important because when the Board discussed the plan for having an
interchange at Route 743 and the Route 250 Bypass, the neighborhood was told the Highway Department
could purchase outside of the right-of-way. They could conceivably plan for the future, not have a plan for
it, but do that. He thinks that this new proposal is clearly designed to prevent that type of discretion.
Ms. Thomas said this would be the expansion into land contiguous to an existing urban park when a
road takes land in an existing urban park. The contiguous continuation of an existing park was definitely
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something the legislators were interested in. The proposal is in legislative drafting right now.
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Mr. Bowerman said he accepted an invitation to Monticello last Monday in reference to the
bicentennial celebration of the Lewis and Clark expedition. He said Mr. Marshall was involved with the
committee (mainly a City committee) which is trying to create a museum to showcase the relationship
between Thomas Jefferson and Lewis & Clark. He said this has been on-going even though Mr. Marshall
had not mentioned it to any of the Board members. This will be a major national event in three years at
bicentennial time. There will be different events from Charlottesville all the way across the country at
different times. Before this meeting, he had not had an accurate picture of how visionary Jefferson was in
setting out that task. He wrote a secret letter appropriating $2300 to pay for the expedition, but they
overspent their budget by $37,000. The whole story is fascinating. He has suggested that Mr. Dorrier serve
on the committee as the County representative because Monticello is physically located in the Scottsville
District.
Mr. Dorrier said he appreciates that recommendation. He recently found out that he is related to
George Clark. Mr. Bowerman said during the time of the expedition no one knew what was in the West.
They would send back carcasses of prairie dogs, different types of plant life, information on the Native
American people. All of this stuff got back to Monticello, somehow. Then it disappeared. He always
assumed that everybody knew what was there, but it was Lewis and Clerk who plotted everything trying to
find the Northwest Passage. Their emblem is very symbolic. It is a compass and has waving red and white
stripes in it, 17 stars for the states, two arrows, eagle feathers, and each feather has some blood on it. It
deals with the native Americans and their help to the expedition, Then, their subsequent sacrifices as men
moved west. It is a very involved, amazing story. Mr. Bowerman said he did not learn any of this in school.
He said this is going to be a big thing for tourism by keeping people in the area overnight. Whether the
museum is located in the City or the County makes no difference. It is an exploratory committee which will
be working with the national committee. Ms. Thomas volunteered to be Mr. Dorriers backup. She said she
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grew up in a town where Lewis and Clark spent the night. She said history in Oregon starts with Lewis and
Clark.
Mr. Dorrier said Mike Gleason and Francis Fife were both Lewis and Clark fans. Ms. Thomas said
Mr. Fife is already involved with the committee and the efforts for a museum. Mr. Dorrier suggested
someone make a presentation to the Board sometime this coming year.
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Mr. Martin said he and Mayor Virginia Daugherty have been meeting on a regular basis. They
would like to move forward on some joint ventures. They have discussed having a joint meeting with City
Council and the Board to have the MPO make a presentation on transportation planning. They also talked
about having a committee composed of one Board member, one County member, one planning commis-
sioner from each locality, and one staff member from both localities, to look at the ways the City and
County are cooperating in planning, and areas where there might be further grounds for cooperation. From
the comments he has received so far, most Board members are in favor of that.
Ms. Humphris said the last thing the City and County need is another committee to plan transporta-
tion. She said there does need to be a major presentation at a joint meeting of Council and the Board to
describe in detail the process used to plan for the future. She recently looked at the studies on transporta-
tion that have been done during the years she has been a member of the MPO, and there is nothing the
MPO has not covered. There is a lot that has not been done, but given the funds available, there is a lot
that will not be done.
January 19, 2000 (Regular Night Meeting)
(Page 9)
Mr. Martin said to clarify, what he and Mayor Daughtery discussed focused more on mass
transportation. Ms. Thomas said that is a good idea. She has become more convinced that land use and
transportation are totally entwined. If the area is not clear about where it wants to go, it will end up like a lot
of areas that have tried to develop a transportation system which does not match their land use pattern, so
the system goes unused and is a waste of money. Mr. Tucker suggested that both planning commissions
be a part of that presentation because this is a major planning issue. He asked if Mr. Martin was saying that
he and Ms. Daugherty would meet with the planning commissioners and the planning directors to have the
first meeting.
Mr. Martin said they had talked about the first meeting being a joint meeting between City Council
and the Board of Supervisors. That would be a meeting where all the different things going on would be
presented to both bodies. If one reads the newspapers and the letters to the editor, many people do not
know what is going on in the way of transportation planning. There are members of this Board and City
Council who do not know all that is going on. That first meeting would give the MPO, the people who are
really involved in this planning, a chance to strut their stuff and their knowledge. The second meeting
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would be more along the lines Mr. Tucker mentioned.
Mr. Martin said he will talk with the Mayor and the others mentioned to set up the meeting and
suggest a date.
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Agenda Item No. 11. Adjourn. With no further business to come before the Board, the meeting
was adjourned at 7:40 p.m.
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Chairman
Approved by the Board of County
Supervisors
Date
Initials