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1978-02-22 February 15, 1978 (Regular-Night Meeting) February 22, 1978 (Adjourned from February 15, 1978) Mr. Fisher noted that in the next few weeks there will be several other requests for ordinance changes in the R-3 zone, and asked if the Board felt all requests for changes should be handled simultaneously. It was the consensus of the Board that the requested ordinance changes from the Great Eastern Management Company on the agenda tonight were free standing, and would not effect decisions on other possible future ordinance changes. No one else from the public wished to speak either for or against this petition, and Mr. Fisher declared the public hearing closed. After a brief discussion among Board members, Mr. Roudabush offered motion to amend and re-enact the Albemarle County Zoning Ordinance in Section 11-7-6(1), Section 11-7-6(3) and Section 11-7-2(1) as recommended by the Planning Commission ~Section ll-7-?(36),with the table in that section being changed to read: a±so "Number of Bedrooms/Unit No separate bedroom or one bedroom (total area of unit 500 sq. ft. or less) 1 bedroom 2 bedrooms or more Parking Spaces/Unit 1.25 1.S0 2 . 00" Motion was seconded by Dr. Iachetta and carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Agenda Item ~o. 14. Other Matters not on the Agenda. Mr. Fisher reported that he and Mr. Roudabush would be in Richmond tomorrow to. attend a meeting of the State Highway Commission on behalf of General Electric to try and obtain Industrial Access Roads funds. He also indicated that they would be going to the Capitol to discuss several pieces of legislation in which the County is interested. Mr. Lindstrom said he felt it was a duplication of work to make changes in the Albemarle County Service Authority's Jurisdictional areas now u~l~after the neighborhood planning meetings are concluded. (Meetmngs to prepare nemghbor~ans for the Comprehensmve Plan.) Mr. Fisher asked about the Biscuit Run area where there is already a petition for rezoning before the Planning Commission and on which a public hearing has been held. He suggested that the Board defer discussion of this matter until another date. Agenda Item No. 15. Motion was then offered by Mr. Lindstrom, seconded by Dr. Iachetta, to cancel the meeting of February 22 at 3:00 P.M., and to. adjourn to February 22, 1978 at 7:30 P.M., in the County Courthouse to ~onduct the Annual Road Hearing. Roll was called, and motion carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Meeting adjourned at 9:35 P.M. ~nalrman February 22, 1978 (Adjourned from February 15, 1978) An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on February 22, 1978, beginning at ?:30 P.M. in the Albemarle County Courthouse, Charlottes- ville, Virginia; said meeting being adjourned from February 15, 1978. Present: Messrs. Lindsay G. Dorrier, Jr., Gerald E~J Fisher, J. T. Henley, Jr., F. Anthony Iachetta, C. Timothy Lindstrom and W. S. RoudabUsh. Absent: None. Officers Present: County Executive, Guy B. Agnor, Jr.; County Attorney, George R. St. John; and County Planner, Robert W. Tucker, Jr. Agenda Item No. 1. The meeting was called to order at ?:40 'P.'M. by the Chairm~n, Mr. Fisher, who requested a moment of silent meditation. Agenda Item No. la. Mike GleaSon. Mr. Gleason noted that he had served on the Bicentennial Commission which was phased out in June of 1977. Recently two things have occurred which need the attention of the Board. First was a telephone call from the U. S. Department of State, in which they said delegates from Poggio A Caiano and Prato wished to make a visit to Charlottesville in April. Mr. Gleason said he appeared before City Council last night to request that the same committee that made plans for the Italian visit during 1976 be reactivated for this purpose. City Council accepted this recommendation. Mr. Fisher said it would be a good idea to have the committee also establish a budget. Motion was then offered by Dr. Iachetta, seconded by Mr. Dottier, to re-establish this committee and bring recommendations to the Board of Supervisors. The motion carried by the following recorded vote: AYES: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. NAYS: None. Eebruary 22, 1978 (Adjourned from February 1S, 1978) Mr. Gleason then noted that the State Bicentennial Commission had contacted him regard- ing plans for 1981.which is the 200th anniversary of the victory at Yorktown. Since Albemarle County and Charlottesville played a major role in this part of history, the State has re- quested that some planning be done in this area. He asked that the Board reactivate a committee on behalf of the community. Mr. Fisher requested that Mr. Gleason continue to handle negotiations with the State and when he had an idea of what will be involved then bring a recommendation to the Board about a committee. Not Docketed: Mr. Fisher reported on several recent visits to Richmond. With representatives of General Electric Company to appear before the State HighWay Commission regarding Industrial Access Funds. He said that this matter was referred to a committee which will not meet for another month. That is the reason he had consented to let the General Electric appeal of their site plan be placed on tonight's agenda. Mr. Fisher gave a short report on the Michie bills on annexation, at the end of which Dr. Iachetta offered motion to adopt the following resolution: BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, hereby urgently requests that the language agreed upon bY the Virginia Municipal League and the Virginia Association of Counties be restored in House Bill 693, and that any language inconsistent with this agreement be removed from said bill. The foregoing motion was seconded by Mr. Lindstrom and carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Mr. Fisher also noted that he had attended a HOuse Appropriations Committee meeting to discuss a bill to provide more deputies to counties which have a high tourist population. He had asked that Albemarle County be included in this bill. Agenda Item No. 2. Public Hearing: Six-Year Highway Plan. Mr. Dan Roosevelt, Resident Highway Engineer, was present and made short opening remarks regarding new legislation enacted in 1977 (House Bill 1041) and the purposes of this pubIic hearing. At~8:13 P.M., the public hearing was opened. First to speak was Barbara Arnold speaking for a resident of Westover Drive who requested that the last 120 feet of Route 1701 be added to the State High- way System and made an official cul-de-sac. She said this road is being used by public vehicles, school buses, highway trucks, etc. even though it is not maintained by the Highway Department and it is deteriorating from this use. People use private driveways for turning around. Mr. Fisher said it sounded as though this probIem was caused by approvals on the Subdivision plat and requested that same be placed on the March 8th agenda for discussion. A gentleman from Innisfee Village presented the following letter for the record: "Innisfee'is a community of fifty people at the foot of Pasture Fence Mountain near White Hall. The Village.is a privately-funded, non-profit facility provid- ing lifetime residential servzces to mentally-handicapped adults. Our staff, composed of single adults and families' whOse'children attend county schools, are volunteers who live and work in the village. Our work ~acti'vities in the woodshop, weavery, bakery, greenhouse, and gardens, not only provide meaningful work but also help us toward greater economic Stability. Our baked goods are delivered several times a week tO retail outlets and reStaurants in the"city and county. We are here tonight to request improvements on 'ROUte 668 which connects Innisfree and several other farms and residences to the hard surface of Route 810. 668 is a dirt road, which for some stretches, particularly the first rise from 810 is very .rough and deteriorated. The Highway Department is very diligent about grading and ~i ~ imaintaining this road, but its very nature,~!~mnd the extent of runoff Which continually cuts the roadbed, have convinced us that the only real solution would be a hard Surface at least for the first, very romKh stretch. The recent bad weather has emphasized how dangerous such a road scrvzcc can be combined with ice or mud. We don't expect to have the ice much longer, bUt we are looking toward a difficult spring with the road alreadY rutted up to the axles of our ears. Often this winter we have had to use our own equipment to clear the roads for emergency access and exit; because of the nature of our population, it is important that we always be sure of being able to get out and for emergency vehicles to be able to get to us. Even in the best of times we have frequent medical and bakery obliga~ ti~ns, there are three school busses which use the road, and because we are an alternative therapeutic model, we have frequent visitors from the University and from facilities all over the country. The fifteen licensed vehicles associated with Innisfree take a real beating from the road, and the high maintenance costs due to the rongh conditions would be better applied to more direct human needs. We realize the many priorities which must be answered in such decisions, but as our own community has grown so much in the last six years, we do not look forward to another six without some meal improvement in the roads which lead to ~hd from Innisfree." Mr. Herb Harlow, a resident at 2115 Hydraulic Road, asked ff the property owners will be able to see plans before the imProvement to this road takes place. Mr. Roosevelt said there should be a design hearing held in the Spring. ~ With no one else rising to speak, at 8:30 P.M. the public hearing was closed. Mr. Fisher asked about Route 668. Mr. Roosevelt said it ranks 35th on the gravel road improvements list. February 22, 1978 (Adjourned from February 15, 1978) He estimated that hard-surfacing the first section of this road would cost $200,000. He recommended that the smx-year plan as presented tonight be adopted with the understanding thai money for an improvement such as this will be taken from that money allocated for "unforeseen items" Motion was then offered by Mr. Dorrier to adopt the Six-Year Highway Plan as presented at this public hearing tonight and as set out in full on pages 41 through 44 of Minute Book 16. The motion was seconded by Mr. Roudabush and carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. At 8:45 P.M. the Board recessed and reconvened at 8:55 P.M. Agenda Item 2a. General Electric's Site Plan. Mr. Fred Lande.ss~was present to represent G.E. He said because the State Highway Commission did not act and there 'will not be a repor% back to that Commission until next month, i~ puts General EleCtric in a serious time bind. They have re-negotiated their grading contract and it is ten percent higher than it was in December. He felt the Board should talk about What would be done if Industrial Access Funds are not granted for the upgrading of Route 606 and Route 763. He suggested three ways to handle this situation: 1. There is a provision in State Code which provides that a County can put up Revenue Sharing Funds and the Highway Department would then have to match those funds. The highway funds are not charged against Secondary Road funds allotted to the County. 2. General Electric is willing to advance the funds necessary to build the road to required standards. There is 'a provision in State Code which allows for the prepayment of taxe s. 3. General Electric has a lot of frontage on Route 29, a road which meets all standards An access road could be built to 29, not using the secondary road as their principai means of access. However, General Electric does not think this is a good plan, although it i-~ a way to get out of this dilemma. Mr. Landess said G. E. does have an approved site plan with the condition that the road be improved. Wherever the funds are coming from, it is not at 'G. 'E.'s control as to whether the road will be built this year or at some point in the future. He did not want General Electric put in the position that they cannot get a bUilding permit because Whatever is to be done to the road has not bee~ done by whoever is going to do it. He said General Electric needs to get started and cannot do this as long as this condition' is ~on the site plan. Mr. Fisher said the Board wants to help but the precedent that would be set'~under the first two alternatives would have to be discussed by the Board. He hoped they would be able to do this and make a response at the February 24th meeting. Th'e 'State HighWay Commission was interested in trying to work with General Electric, but also in restricting access to 29. South of the General Electric property on 29, there is ~ strip of land that is zoned B-1. At the northern end of that strip is where the General Electric property is located. There is an existing cross-over where these two properties meet. Mr. Fisher said he toId the Highway Commission that when this B-1 property was developed, it woUld be 'the Board's intention to try and have it developed with a reverse frontage road, using this cmo'ss-over as primary access for the entire strip of land. The Commission was impressed with the fact that the Board is aware of the problems and trying to do something about them. He said the Board would try to have some decision by Friday. Agenda Item No. 3a. Appropriation. CETA Program. Mr. Agnor noted memo from Ray B. Jones stating ~February 17, 1978. "This special appropriation ms needed as the result of an audit on the CETA Program. There was one person employed in the Recreation Department that did not qualify because all persons must be unemployed for four weeMs prior to qualifying. This person missed ~hat time length by one day. The othe~ person was not 'receiving health insurance for a period, and the County was erroneously refunded for' the 'premiums. The audit report was rebutted but these two charges were not. An appropriation of $5,367.51 is needed. Motion was then offered by Mr. Roudabush, seconded by Mr. Lindstrom, to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle-County, Virginia, that $5,367.51 be, and the same hereby is, appropriated from the General Fund and coded to 0-1014 for refund of CETA overpayments. The motion carried by the following recorded vote: AYES: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. NAYS: None. Agenda Item No. 3b. Appropriation. Consultant 's-Zoning Ordinance. Mr. Agnor noted tha% the consultants on the Comprehensive Plan were awarded a new contract and there was some extra work done over and above the original contract on a per diem basis. The contract and extra work amount to approximately $21,500. Motion was offered by Mr. Roudabush, seconded by Dr. Iachetta, to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $21,500 be, and the same hereby is, appropriated from the General Fund and coded to 10E-252 - Contract Professional Services-. The motion carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. February 22, 1978 (Adjourned from February 15, 1978) Agenda Item No. 4a. Appointment. this item be carried over. Economic Development Commission. It was ordered that Agenda Item No. 4b. 'Appointment. Health Systems Agency/Sub-Area Council. Motion was offered by Mr. Lindstrom, seconded by Dr. Iachetta, to appoint Mr. Ronald A. Cass to re- present the County on this Council. The motion carried by,~the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Agenda Item No. 4c. Agenda Item No. 4d. Agenda Item No. 4e. Appointment. Industrial Development Authority. Appointment. Mental Health and Retardation Services Board. Watershed Management Plan. It was ordered that all of these appointments be carried over to another meeting. Agenda Item No. 5. Approval of Minutes: April 25, 1977. Motion was offered by Mr. Dorrier, seconded by Dr. Iachetta, to approve these minutes as presented. The motion carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Not Docketed: Mr. Fisher noted receipt of the following letter: "Hand Delivered: 22 February 1978 Ms. Lettie Estelle Neher, Clerk, Albemarle County Board of Supervisors, 4th Floor, County Office Building, Charlottesville, Virginia. In re: Charles William Hurt, ads. Evans, Zoning Administrator Dear Ms. Neher: I have recently learned that the matter of the Special Use Permit for Charles William Hurt has been placed on the agenda for the' Board of Supervisors Meeting scheduled for 1 March 1978. As you know, I am representing Dr. Hurt in connection with this matter. Because of my attendance at the General Assembly in Richmond, it will not be possible for me to be present for that hearing, and I hereby request that the matter be deferred to a date following the end of the General Assembly. Your courtesies are deeply appreciated. Cordially, James H. Michael, Jr." Complying with this request, motion was offered by Dr. Iachetta, seconded by Mr. Lindstrom, to set this ma~ter on the agenda for March 29, 1978. The motion carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Mr. Dorrier said he would like to discuss the appeal of the variance granted to W. F. Paulette and Son in Scottsville which decision of the Board of Zoning Appeals has been appealed to the Circuit Court. He showed pictures of other signs in the area and said he felt the Board had made a mistake in appealing this matter to the Circuit Court. The sign is not objectionable as far as he is concerned. He felt the large majority of citizens in the area do not object to the sign and he was not sure the Board stood a good chance of winning in court. He said this is a-.~ commercial center and the signs are all clustered together. The scenic highway designation of Route 6 has brought down the usual size of signs from 200 square feet to 30 square feet. While it is a scenic highway, this is a commercial cluster and he does not find the sign objectionabRe. Mr. Henley said he agreed with Mr. Dottier. Dr. Iachetta said if the court upholds the variance then the ~Board had just as soon change the ordinance. Mr. ~isher asked if Mr. Dorrie~ was suggesting that the Board call off the appeal. Mr. Dorrier said yes and offered motion to this effect. The motion was seconded by Mr. Henley and carried by the following recorded vote AYES: NAYS: Messrs. Dottier, Henley, Lindstrom and Roudabush. Mr. Fisher and Dr. Iachetta. February 22, 1978 (Adjnurned from February 15, 1978) ~:~bruar~_24~ 1978 (Adjourned from Februar 22 1978) At 9:50 P.M., at the request of the Chairman, motion was offered by Mr. Roudabush, seconded by Dr. Iachetta to adjourn into executive session to discuss litigation and acquisition of property. ~The motion carried by the following recorded vote: AYES: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and RoUdabush. NAYS: None. The Board reconvened at 11:40 P.M. and motion was offered by Mr. Roudabush, seconded by Mr. Dorrier, to adjourn this meeting until February 24, 1978. The motion carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. February 24, 1978 (Adjourned from February 22, 1978) An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on February 24, 1978, beginning at 1:0'0 P.M. in the Board Room of the County Office Building, Charlottesville, Virginia; said meeting being adjourned from February 22, 1978. Present: Messrs. Gerald E. Fisher, J. T. Henley, Jr., F. AnthOny Iachetta, C. Timothy Lindstrom, and W. S. Roudabush. Absent: Mr. Lindsay G. Dorrier, Jr. Officers Present: St. John. County Executive, Guy B. Agnor, Jr. and County Attorney, George R. Agenda Item No. 1. The meeting was called to order at 1:10 P.M. by the Chairman, Mr. Fisher, who noted that Mr. H. C. Willis from the Southern Railway System was present to make a presentation to the Board. Mr. Willis said on March 3, 1978, the Southern Railway Company will file an application asking that passenger train service be discontinued. If the application is approved, the passenger service will be discontinued thirty days after the order is signed. However, Amtrak will take over the passenger service and there will be no difference in service to the City of Charlottesville. Mr. Fisher noted that General Electric had requested that the Board waive certain conditions of approval on their site plan as they relate to secondary road improvements. Fisher then read the following prepared statement to Mr. Fred E. Landess, attorney for General Electric, who was present: "The Albemarle County Board of Supervisors desires to cooperate with General Electric Company and wants the company to become a new corporate citizen of the County. The Board finds that the existing state secondary roads over which primary vehicular access is desired, are not capable, in their present condition, of handling safely both the existing traffic and the increased traffic which may reasonably be expected as a result of this plant location. The Board also finds that the restriction of vehicular access which has been offered by the Company on approximately 2,000 feet of frontage on U.S. Route 29, has certain public benefits which warrant the use of Industrial Access Funds for the improvement of the secondary roads to the proposed plant location. It is the hope of this Board that such Industrial AcceSs Funds probably will be forthcoming from the Virginia Highway and Transportation Commission following a decision by that body on or about March 16, 1978. The Board also finds that the Company is not prohibited from proceeding with a grading permit by the conditions of the site plan approval, and may apply for such a permit and following approval of that permit, proceed with such grading on site as may be necessary or desirable. The Company must be aware that any such grading is performed at the risk of the Company, and all site plan conditions are still applicable. In conclusion, the Board finds that the waiving of the condition that secondary roads be improved, is not in the best interest of the public safetY, health and welfare at this time. If the Company wishes to proceed with building permits, or construction, prior to a decision by the Highway Commission, the Company may proceed with same following the posting of an acceptable bond for the full amount of the necessary road improvements, including such acceleration and deceleration lanes and other safety-related improvements as may be deemed necessary by the Virginia Department of Highways and Transportation. In the event that Industrial Access Funds are subsequently approved for this pro, eot, the Board assures the Company that the bond will be diminished by such amount as is approved for In- dustrial Access funding, or returned in full if Industrial Access funding is approved in an amount greater than the amount of the bond. If the Company posts a bond for the required road construction, and Industrial Access funds are subsequently denied, the Board may consider entering into detailed discussions with the Company for some modification of required road standards or some participation in costs where such expenditures can clearly be shown to be in the interest of the public safety, health and welfare. Any such discussion which ]~ ~ ~ ~ment between the County and the Comoanv could have the effect of