1999-01-13January 13, 1999 (Regular Night Meeting)
(Page 1)
A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on January 13, 1999, at 7:00 p.m., Room 241, County Office
Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Mr. David P. Bowerman, Mr. Forrest R. Marshall, Jr.,
Mr. Charles S. Martin, Mr. Walter F. Perkins and Ms. Sally H. Thomas.
ABSENT: Ms. Charlotte Y. Humphris.
OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., County
Attorney, Larry W. Davis, 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.
Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
Agenda Item No. 4. Other Matters Not Listed on the Agenda from the
Public.
Mr. Kurt Gloeckner, with Gloeckner Engineering, stated that he was
representing St. Anne School's in an endeavor to put up lights on the school's
~aseball field. However, a problem has arisen. The foundation for the lights
is installed, as well as all the apparatus to hold the fixtures, and the
shielding is on site. The electrical permit has been received to install the
power going to the lights, but when the County inspectors were at the site,
they noticed that the light fixture holes are different from the holes for
Soft Lighting. When he drew the site plan, he showed the Soft Light fixtures,
but he also wrote in the words, "or equal." Representatives of St. Anne's
took it upon themselves to purchase lighting they felt was equal, and
represented as equal by the Musco Manufacturing Company. The inspectors have
actually stopped the process of installing the lights.
Mr. Gloeckner stated that because of the baseball schedule, which begins
in early March and the construction season being what it is in winter time,
there is not much time in which to get the lights installed. In investigating
the difference between Soft Lights and the County's supposition that it would
be permitted if it was Soft Light, he found that Soft Lights claim to be able
to hold their projection under the horizontal. He noted that the plans show
in detail a five degree upward tilt to the fixtures, which automatically lets
light above the horizon. Now, there is not the opportunity to go to Soft
Light, because it would have the same problem as Musco. In investigating Soft
Light, he got literature in the mail that repeated the literature in the
brochure. H was about to have an independent light expert contact Soft Light
to make sure that the five degree upward position was, in fact, true by his
observation of the brochure. Prior to this meeting, he received a fax from
the developer of these lights.who indicated he has only installed them in the
five degree upward position. Mr. Gloeckner said in order to meet the County
Ordinance regulations, the lights would have to be installed 20 or 30 feet
above their normal installation. Their normal installation is already ten
feet higher than Musco's, so not only is there additional height involved, but
the field would not be lit as safely as the Musco lighting. He remarked that
he has pictures showing the Soft Light installation, and he has pictures
showing the Musco lights almost totally shielded. He pointed out that Musco
represents its product to be totally shielded when the lights are directed
down at an aiming angle of 35 degrees from the horizontal.
Mr. Gloeckner asked the Board for relief to continue the construction so
the lights are in place for baseball season which is a month and a half away.
Meanwhile, he will pursue either a Zoning Text Amendment to declare both Musco
and Soft Light fixtures state-of-the art, since he does not want to rule one
above the other. Or, he will proceed to ask the Commission members at their
earliest convenience for a variance~ whichever the Board would feel is the
appropriate direction to go. He commented that time being of the essence and
thinking the better product is already being used, he would like to proceed on
that basis. He has pictures and brochures if the Board members would like to
see them.
Mr. Martin inquired if Mr. Tucker has any comments on this matter.
January 13, 1999 (Regular Night ~g) '000227
(Page 2)
Mr. Tucker answered that he has discussed this issue with some of the
Board members, as well as staff and Mr. Gloeckner. The only remedy Mr.
Gloeckner has now is a waiver provision which is included in the Zoning
Ordinance. The Planning Commission would have to grant the waiver, because
the Board of Supervisors does not have this authority. He has discussed some
minor site plan issues with Mr. Gloeckner tonight that will have to be
resolved before the waiver can be given. From the information Mr. Gloeckner
has shown him and discussed with staff, he can possibly show a justification
for a waiver. However, Mr. Gloeckner will have to provide this justification
to the Commission. He thinks Mr. Gloeckner would like to get some encourage-
ment from this Board to staff to expedite the waiver in front of the
Commission. Mr. Tucker went on to say the Commission's agendas are fairly
full, so encouragement from this Board to request the Commission to try to
move this issue forward as quickly as possible would be helpful to Mr.
Gloeckner.
Mr. Bowerman asked about the earliest time the Planning staff feels the
variance request from Mr. Gloeckner can come before the Commission, taking
into consideration the current outstanding site plan issues. Mr. Tucker
replied that staff has informed Mr. Gloeckner that, based on the agendas, the
waiver request could not come before the Commission until on or about February
23. Mr. Tucker emphasized that if Mr. Gloeckner does not get the waiver, he
cannot do the construction and meet the timetable in finishing before baseball
season starts. Mr. Cilimberg commented that the staff is considering the
possibility of moving the matter forward, since it does not have to be
advertised.
Mr. Martin said the February 23 date can be kept in mind, but perhaps
the matter can be brought before the Commission at its next meeting. Mr.
Cilimberg responded that it is more a matter of getting the information from
the applicant rather than it being a Commission decision. The staff needs
time to review the information and put together the justification and get it
scheduled.
Ms. Thomas inquired if the waiver has already been requested. Mr.
Gloeckner answered, ~yes."
Mr. Marshall asked if he understood Mr. Gloeckner to imply that he
wanted to move forward with the process of installing the poles, etc. If Mr.
Gloeckner proceeds in this fashion and the waiver is not granted, there would
be nothing he could do. Mr. Gloeckner stated that he does not think a waiver
is going to be a problem.
Ms. Thomas mentioned that Mr. Gloeckner does not even have a site plan
yet, so the poles cannot be installed until there is a site plan. Mr.
Gloeckner said the site plan has already been turned in to the County. Mr.
Cilimberg clarified that the site plan has not been signed.
Mr. Gloeckner mentioned a dry hydrant that was not functioning and some
minor changes in fencing, as well as a few other small items which he will
need to address.
Ms. Thomas stated that it is her understanding the poles are being held
up because the site plan has not yet been approved.
Mr. Bowerman suggested that this Board encourage t~e applicant and staff
to try to get whatever information is necessary for the staff to make a
recommendation. The staff could then put the matter before the Commission at
the earliest possible date based upon information being forthcoming. Mr.
Bowerman also reminded Mr. Gloeckner of a five day w~itten notification of the
waiver request. Mr. Gloeckner responded that he submitted the waiver request
a day or two ago. Mr. Bowerman suggested that Mr. Gloeckner resolve the
existing outstanding issues. Mr. Gloeckner said he can get these issues
resolved by next week, if the staff will help him.
Mr. Martin inquired if other Board members agree with Mr. Bowerman's
suggestions. Mr. Marshall stated that he agrees with Mr. Bowerman. He would
like to see the matter resolved as fast as possible. Mr. Perkins commented
that this Board should do whatever it can, even if it is nothing but give
encouragement. Ms. Thomas said she wanted to make sure the staff understands
that it is still desirable to have the best possible lighting system.
January 13, 1999 (Regular Nigh~ ~gi 0002~
(Page 3)
Mr. Cilimberg explained that the staff is dealing with this waiver, as
well as another lighting waiver. The staff was planning to present both of
these waivers to the Commission at the same meeting. However, it may be
impossible to do so now.
Mr. Marshall stated that it is Mr. Gloeckner's judgment, as an engineer,
- that these things can be resolved. He thinks the staff should move the matter
forward quickly, if it is possible.
Mr. Tucker replied that the staff members will do whatever they can do.
Agenda Item No. 5. Consent Agenda.
Motion was offered by Ms. Thomas, seconded by Mr. Marshall, to approve
Item 5.1 on the consent agenda, and to accept the remaining items as informa-
tion. Roll was called and the motion carried by the following recorded vote:
AYES: Mr. Bowerman, Mr. Marshall, Mr. Martin, Ms. Thomas and Mr. Perkins.
NAYS: None.
ABSENT: Ms. Humphris.
Item No. 5.1. Requests received under Personnel Policy §P-63 for
Voluntary Early Retirement from four County employees for FY 1999-2000.
Albemarle County Personnel Policy P-63 provides for voluntary early
retirement for County employees who have been employed by the County for ten
of the last thirteen years and who are at least 50 years of age and currently
employed. Staff has received four..requests from employees who have been
employed with the County for the prerequisite minimum number of years and have
indicated their intentions to retire within the next fiscal year. Policy
dictates that applications to enter the program be submitted by December 1 of
the preceding year so that budgets can be adjusted to accommodate the
requests. The associated employee costs will be built into the FY 1999-2000
budget since notification has been received.
County policy requires the Board to approve all early retirement
applications upon recommendation of the County Executive. Staff recommends
that these four requests be so approved with the budgetary implications
absorbed within the appropriate departmental FY 1999-2000 budgets.
By the above shown vote, the Board approved the four early retirement
application requests, with the budgetary implications absorbed within the
appropriate departmental FY 1999-2000 budgets.
tion.
Item No. 5.2.
Item No. 5.3.
Item No. 5.4.
{~9~' ReaSsessment Values, was received for information.
November 1998 Financial Report was received for informa-
Copy of Planning Commission minutes for December 1,
December 8 and December 15, 1998, was received for information.
Agenda Item No. 6. SP-98-47. Limited Service Hotel (Sign #30).
PUBLIC HEARING on a request for 100-room limited service hotel [22.2.2.7] on
portion of 37+ ac pcl, znd C-i, EC, & AIA. TM32,P41D. Loc W of Rt 29 N
(Seminole Trail) & the Forest Lakes N commercial area, & S of SR 649 (Airport
Road). (Site designated for Regional Service in the Community of Hollymead.)
Rivanna Dist. (Advertised in the Daily Progress on December 27, 1998 and
January 3, 1999.)
Mr. Cilimberg summarized the staff's report which is on file in the
Clerk's office and a permanent part of the record. This is a request for of a
100-room limited service hotel on approximately 4.5 acres of land located west
of the Forest Lakes commercial area, with access from Route 29 North via the
proposed Timberwood Boulevard ~Extended." He said it would be on a portion of
a 37 acre parcel, it is in an area which has been developing commercially, and
January 13, 1999 (Regular Night Meeting)
(Page 4) ............. !.:~,, .... ,~ .~.~.
it is designated for regional service in the Land Use Plan. A motel or hotel
is considered to be a t~ical primary use in this designated area·
A complicating factor for staff was that a Comprehensive Plan Amendment
has also been submitted that would change designation of the part of this
property that is not zoned C-1 to a commercial designation which would allow
for commercial rezoning at some future date. It was the staff's feeling that
the best way to handle this request would be not to approve the special use
permit, but instead, to consider the request after a decision has been made
relating to the CPA. This would obviously delay the applicant. However,
staff felt this was necessary in order to get a total picture of what would be
happening in this commercial area under the Comprehensive Plan, as well as the
type of guidelines that would be established, before the actual special use
permit was considered.
The staff does not feel the use would negatively affect the character of
the district, and it does not conflict with uses permitted by right. In fact,
it may support uses that meet the needs of business travelers using the
Airport or other means of~travel on Route 29. The staff's recommendation is
denial of the special use permit on the basis of its relationship to other
development of that area and how it would be processed through a CPA, although
no adverse effect or concern with the use itself was found.
Mr. Cilimberg said the Planning Commission members decided if a
condition could be included to hold the actual processing of the site plan for
the hotel until the CPA was processed, as Well as any future zoning action and
plan which may be put into place that would affect this property, then they
could support the special use permit at this time. The Commission has, in
fact, recommended approval of the plan with the staff's two conditions which
are listed in the staff report. The Commissioners slightly modified the first
condition to indicate the facility shall be developed in general accord with
the applicant's justification. A third condition was added that indicates the
final site plan approval would not be granted until a master plan for the
entire 37 acre parcel was approved, which would most likely come throUgh a
future zoning action following the CPA consideration.
Mr. Cilimberg then noted that he had some discussion with Mr. Davis
about the effect of Condition Number Three. This condition subjects the
actual exercise of the special use permit to some future legislative action by
the Board of Supervisors, so in that sense, the future action will govern
whether the special use permit can be exercised. He wanted the Supervisors to
be aware of this, and he has also informed Mr. Roell, who is representing the
applicant, about the situation. If the zoning continues to be C-1 and a plan
of development is associated with this zoning as well as.the remaining area of
the property, then the plan of development's approval will be necessary before
the special use permit.~q~n be undertaken. If the property is rezoned to
another commercial use that does not allow a hotel by right, then a new
special use permit would have to be approved. If a plan of development and
mixed commercial rezonin9 request were to come before the County that would
incorporate this property and the remaining property subject to the CPA, then
this zoning district would become a new district, and it would not be zoned as
C-1 anymore. Instead, it would be PDMC zoning and would, therefore, require a
special use permit to be considered along with the application plan to allow
the hotel use.
Mr. Bowerman clarified that there would first be a CPA followed with a
request for rezoning, at which time this request could be implemented if the
zoning was consistent with a special use permit that would be granted. Mr.
Cilimberg said basically this use would be carried into the rezoning as an
assumed use and be part of the plan, if the Supervisors give their approval.
Ms. Thomas mentioned that the staff report recommended Comprehensive
Plan consideration of this general area, and the Commission indicated that the
site plan couldn't be approved until there was a plan for the whole 37 acres.
She wondered if the 37 acres is the whole area referred to by staff, or is it
only a portion.
Mr. Cilimberg responded that the .Supervisors received an action letter
relating to the CPA approval recently as part of the Consent Agenda. The
Commission decided that the CPA would look at a broader area than the 37
acres. All of the area on the southwestern quadrant of the Airport Road and
the Route 29 intersection would be considered. This would happen first, and
then 'any rezoning action would follow, including any zoning action on the
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January 13, 1999 (Regular Night ~eetin.g)
(Page 5)
property in question. At that time, a plan of development would need to be
approved, and this special use permit could then be exercised with the plan of
development.
Ms. Thomas asked if the Planning staff would first consider the
southwestern quadrant of the area near Airport Road and Route 29 as far as a
CPA is concerned. She inquired if, next, the 37 acres in question would be
examined, and then the site plan for the hotel could be considered. Mr.
Cilimberg answered affirmatively.
Mr. Martin announced that at its organiza[tional meeting last week, the
Board amended its guidelines for public hearing's. He said applicants are
limited to ten minute presentations, but they can have a five minute rebuttal
at the end of the public hearing.
Mr. Katurah Roell said the applicants who he represents currently own
and operate several different hotets-'in the virginia, North Carolina and
Tennessee area. Although a special use permit was previously approved, the
applicants would like for such a request to be considered again for this site.
Through discussions at the Commission meeting, as well as Mr. Cilimberg's
comments, it was realized that the impact of the future overall consideration
for this northwest quadrant of Airport Road and Route 29 will have some impact
on this request. The hotel is currently in a C-1 area. However, if the
overall property is designated for commercial use, as opposed to commercial
and light industrial, then he would request an extension of the C-1 use. In
the event none of this is approved, the applicants simply want to be assured
that the use of a hotel on this property will be acceptable, since they have a
business commitment to a specific hotel chain that requires a significant
investment. The applicants understand the time frame and the steps necessary
for the Comprehensive plan review, followed by the Master Plan approval and
then zoning and the site.plan. Inlall fairness to them, he did not want to
impose the need to prepare a site plan as part of the plan approval process,
until they know that a hotel is acceptable on the site.
A great deal of time has been spent creating a master plan, and it will
go through some changes and modifications. A year has been spent getting to
this point. The Engineering staff has tried to determine regional stormwater
use for the area, as well as water quality conditions, s9 a great deal of
thought has gone into the matter. He would like to do as much as possible
toward acceptance of the hotel plan, although he realizes that the overall
site master plan has to be approved, as well as road plans to VDoT and traffic
studies. A final site plan will have to be reviewed by the Commission and ARB
long before the final approval is granted. Because of the long process, as
well as the expense, design and renderings, the applicants would like to know
that the special use permit is acceptable. He mentioned again that another
special use permit was previously approved for this site, and he noted that
Carmike Theater is interested in developing a new theater complex there which
is already committed. The whole frontage parcel is committed, and there
appears to be only a fourth of the property left.
Mr. Roell said there has been no requests for light industrial use, and
everybody has asked for commercial use over the last year, which is what has
prompted the CPA. The purpose of the applicants' plan is to create something
that is more than urban internal commercial development as opposed to strip
development on Route 29. He said with the very shallow commercial development
currently approved, the front two buildings, which are the hotel and
restaurant, would be the depth of the commercial property, and this use would
only involve creating businesses along Route 29. The plan proposed through
the CPA will create a whole urban street with bike paths and friendly access
pedestrian areas, etc., that will be more in keeping with the neighborhoods in
the area such as Forest Lakes. He commented that it will be more appealing to
everyone, and it won't just be a ~drive by on Route 29" type of development.
He feels this hotel will service both the Airport and the University Research
Park as it develops north of town.
Mr. Bowerman inquired if the applicant recognizes any time benefit to
the assurance that the hotel will be approved, rather than following the CPA
process. Mr. Roell answered that the applicants' concern is that this Board
will at least approve the use of a hotel somewhere on the site. They realize
that in order to make a commitment to a hotel chain, they will have to do
something within the next 18 months. Ra~her than waiting six or eight months,
and risking their investment and hoping that the special use permit is
approved, they just want assurance that the hotel will be acceptable on the
~anuary 13, 1999 (Regular ~±ght ~ee~ng)
site. The property is currently zoned C-l, but if it is rezoned to HC, then
it is a given by right use. However, if it goes to PDMC or PDSC zoning, then
a new application for a special use permit would be required. He pointed out
that the request is to simply extend the C-1 zoning since it meets all of the
other zoning needs. This is reassurance for the applicants, who are present
at this meeting and would be happy to speak to the Board about their product.
He noted that it is a suites-type inn aimed toward families and executives.
He reiterated that the applicants want some reassurance that a hotel will be
an acceptable use on the property, realizing that they have the whole site
plan process to go through, as well as a master plan process.
Mr. Perkins mentioned the road going out to Route 649, and he wondered
if it is land the applicants own, or if it is just a right-of-way. Mr. Roell
answered that the road to the right will actually tie into an existing road.
He pointed out the new regional post office that was built off'of Airport
Road, and which abuts the rear of this property. The post office has a very
large warehouse type of building backing up to the proposed Carmike Theater
property.
Mr. Perkins asked if this property would be accessible from Route 649.
Mr. Roell answered affirmatively. This property is less than a mile from the
Airport. The road to the south is basically there because it is necessary to
provide access to the properties to the west and to the south, since they are
both landlocked. VDoT has a whole set of plans to be reviewed during the CPA
which addresses the parallel road and the issues involving the Route 29
widening project, for which a traffic study has already been prepared and
submitted. He mentioned that there is a good setback from Route 29 along the
front of the property, because the applicants have allowed for the right-of-
way for the extended use increase of Route 29 and its widening. He has even
gone as far as Richmond to address the issues of these roads, such as
accesses, cross lanes and traffic light requirements that will eventually be
needed.
At this time, Mr. Martin opened the public hearing for SP-98-47 No one
came forward, so Mr. Martin closed the public hearing.
Mr. Martin stated that this request falls within his district, and he
mentioned the fact that no one from the public was present to speak on the
issue. This makes him suspect that everyone understands what is being
proposed, and they do not have a problem with it. He is sure all of the
Supervisors read the Commission minutes, and they are aware of the give and
take that took place at that meeting. The co[~%promise was acceptable to him,
and Mr. Cilimberg has made sure everyone is fully aware of the consequences of
the additional condition. It seems everyone is in agreement with it. He
would be more than willing to entertain a motion, unless other Board members
have comments or questions. ·
At this time, Mr. Marshall moved approval of SP-98-47 with the three
conditions as presented by the Planning Commission. Mr. Perkins seconded the
motion.
Ms. Thomas stated her belief that the staff members were correct in
indicating that the entire area should be subject to a Comprehensive Plan
consideration. She said it would be restricting the staff members when they
are considering this area if there has to be a limited service hotel approval
somewhere on the property. This may not be a big issue, but she thinks it
would make more sense to have a Comprehensive Plan consideration of the whole
area. She does not think there is an immediate public need for another hotel
in that area, and she thinks there is a great need to make this area pedes-
trian friendly. Although these Words were used by the representative of the
applicants, the picture shown to the Supervisors has cemented her feeling that
this is going to be the County's next big commercial area. It is going to be
something everyone is proud of, or it is going to look as though it is being
done in bits and pieces. She is concerned, even with the best intentions by
the applicant, that this proposal is a ~bits and pieces" proposal. It is not
good public policy nor is it good planning on the County's part to commit to
this hotel, although it is good planning on the part of the applicants. She
reiterated that it is not good planning on County officials' part to suggest
that the staff consider this matter in a piecemeal way.
Mr. Martin asked if Ms. Thomas would make these comments if Condition
Number Three is accepted as part of the conditions. Ms. Thomas responded that
even with Condition Number Three, County officials would be approving a
January 13, 1999 (Regular Night M~eting)
(Page 7)
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limited service hotel on this property, and that is something she does not
think should be approved at this time.
Mr. Bowerman commented that the best use may be PDSC zoning or some
other designation where the applicant would still have to come back for a
special use permit. This is the reason he asked the applicant what benefit
accrued to the applicant timewise, since the process would still need to be
followed, and it is possible that a special use permit would be required
again. He would rather not restrict the Commission and staff in terms of
considering more than the 37 acres. He thinks the applicant should be
comfortable that if this process is followed, and it calls for this type of
use within that area, then it is a matter of course'that their request will be
approved as a special use permit or by right as a HC use. To presuppose is
not a good process and not good planning. He agrees with staff and Ms.
Thomas, although he understands the applicants' point of view. The applicants
probably have to report to someone in a chain of hotels who wants to get a
commitment from a landowner to make this hotel happen. It seems if good
planning prevails, and it is the proper use of that site, it will happen at
the same time anyway. However, to give assurance now that such a hotel can be
built on this property seems to out of step with the whole process.
Mr. Martin stated that he didn't have those kinds of reservations
because he was thinking in terms of the Towers project which seemed to be
moving toward a mixed use, as well as the Brown property project which will
come before this Board at one of its February meetings. When he considered
these two projects, this request seemed appropriate. He agreed with Mr.
Bowerman that the staff should have a comprehensive look at the whole process,
and then the CPA will be considered before the individual project.
Mr. Bowerman commented that ~here is nothing to be lost or gained at
this point except to gain the flexibility to look at the parcels
comprehensively. He is not necessarily opposed to a use such as the hotel
there, but he doesn't particularly want to cause problems for the Commission
or staff.
Mr. Martin asked Mr. Cilimberg his feelings on the situation. Mr.
Cilimberg responded that this use fits within the terms of the Comprehensive
Plan now. However, in reviewing the Comprehensive Plan in a broader sense,
other uses might also be appropriate, so the staff cannot say at this time
that this would be an ideal location for a hotel.
Mr. Martin asked Mr. Cilimberg if he feels the staff would be hindered
by this Board's assurance that a hotel would be an acceptable use on this
property. Mr. Cilimberg answered that the decision with the third condition
would tell the staff that whatever happens in the Comprehensive Plan and
rezoning process, a limited service hotel would be located on this property.
There is no indication as to where it would be located. However, it would
have to be designed into the plan, and that would be the only limitation in
terms of considering future development of the property.~ It is a question of
whether or not that is acceptable.
There was no further discussion by Board members. Roll was then called
and the motion carried by the following recorded vote:
AYES: Mr. Marshall, Mr. Martin and Mr. Perkins.
NAYS: Mr. Bowerman and Ms. Thomas.
ABSENT: Ms. Humphris.
(The conditions of approval are set out below:)
The use authorized by this special use permit shall be developed as a
limited service hotel, not to exceed 100 rooms in size, in general
accord with the applicant's justification dated 8/21/98 and initialed
'~SET";
The use authorized by this special use permit shall be limited to
approximately 4.5 acres in size; and
The final site plan for the limited service hotel shall not be approved
until after apProval of a development plan for the entirety of Tax Map
32, Parcel 41D.
Agenda Item No. 7. SP-98-56. Scottsville Volunteer Rescue Squad (Sign
$50). PUBLIC HEARING on a request to allow fundraising events in the existing
000 33
January 13, 1999 (Regular Night Meeting)
Scottsville Volunteer Rescue Squad building [10.2.2.5]. This is an amendment
of an existing SUP (SP-96-50). The site is approx 9.738 acs znd RA. TM130,
P7B. Loc on Rt 6 (Irish Rd) at intersec of Rt 6 & Rt 737 (Mountain Vista Rd).
(Sit~ is not located designated growth area.) Scottsville Dist. (Advertised
in the Daily Progress on December 27, 1998 and January 3, 1999.)
Mr. Cilimberg remarked that SP-98-56 relates to a proposal to amend
SP-96-50 to allow for fundraising events, such.as raffles, auctions, community
functions and dances, etc., in the Scottsville Volunteer Rescue Squad
building. He said because a motion to recommend approval of this proposal
failed by a three/three vote at the Commission meeting, he thought it might be
helpful to clarify the conditions in the event the Supervisors may want to
approve the request. ~ ' · - ......
He has discussed the conditions with Mr. Davis and the Zoning
Administrator, and he distributed a list of the conditions should the Board
choose to approve the special use permit. He"wanted to clarify the
expectations of the three Commissioners' votes in favor of the request in
terms of the conditions that would be applicable to the rescue squad for its
fundraising events.
The request is for permission to-have fundraising events as well as the
opportunity to rent the facility for use in the community which also will
provide revenue for the rescue squad. The staff members' analysis focused
mostly on how this increased activity might affect the adjacent properties,
and they particularly considered vehicle trips and how they would increase.
There was an estimate of an increase of approximately 400 vehicle trips a week
increase with these potential uses which involve one major event each week, a
general membership meeting, a Board of Directors meeting and night traffic.
This area can be accessed from Route 6. However, the staff did not view the
increased traffic in and out of the facility utilizing Route 6 to be a
substantial detriment onto adjacent properties, because it would be
infrequent. The applicant agreed to operate a septic system to accommodate a
200 person event where food and drinks can be served, which can be done
without expanding the drainfield. The staff recommended approval, but he
reiterated that the Commission's motion for approval failed by a three to
three vote.
Mr. Cilimberg said there are only eight conditions involved, because the
second condition will not be necessary, since it is a supplemental regulation
in the Zoning Ordinance, and it is already covered. He has tried through
highlighting and striking old wording to bring the conditions up-to-date in
terms of their applicability based on the way the motion'was made by the
Commission for approval. He then called attention to Condition Number Three
which he says is particularly worth considering. The Commission was intending
to approve two rental events, per month for activities not associated With the
rescue squad and no more~than one event per week for either fundraising
purposes or rental for those activities not associated with the rescue squad.
Mr. Cilimberg stated that the information he distributed represents
those conditions that the Commission was intending when the vote was taken.
He also noted that the Commission added a condition that would have the
special use permit reviewed in a year. He pointed out that it is shown as
Condition Number Nine, but it is actually the eighth condition, since
Condition Number Two has been struck. This process for continuation of
special use permits involves a small fee, as well as public hearings with the
Commission and Board.
Mr. Bowerman inquired if holding tanks are similar to detention basins.
He asked if they fill up quickly and then discharge into the septic system at
a slower rate which would dissipate the water over a few days. Mr. Cilimberg
answered affirmatively.
Mr. Bowerman then pointed out that the effect of lighting was strongly
discussed by the public at the Commission meeting. The ~ighting is not
covered here, but he recalled that there are some recommended changes proposed
for the lighting on the building. Mr. Cilimberg explained that at one point
the light shielding involved painting some of the exterior wall mounted
lights, but he understands this will not be sufficient. It will actually
require a physical shielding of light. However, he is unsure if this will be
done with additional shielding on existing lights or by putting up new lights
to prevent the glare and projection of light onto adjacent properties. This
January 13, 1999 (Regular Night Meeting) 000254
(Page 9) -...
was the concern at the Commission meeting. At this time the lights are not
being used.
Mr. Marshall remarked that on special occasions, the lights have had to
be used for emergencies, such as snow, etc. It is his understanding that the
lighting situation is going to be corrected, and it will be done as it is
supposed to be done. He emphasized that the current lights are only used in
extenuating circumstances until the new lights can be installed. Otherwise,
the lights are off.
Mr. Bowerman stated that the representation he got from the applicant,
as well as the indication from staff, was that the black painting would be
sufficient, and the shielding was not an option. Now he is hearing the
painting will not work and the shielding is a requirement, or there will have
to be a replacement of the fixtures themselves. Mr. Cilimberg responded that
it was conveyed to him by the Zoning Department today that physical shielding
of the lights was required.' Mr. Bowerman~asked if the requirements of the
County's new Lighting Ordinance will be met, no matter which method is used.
Mr. Cilimberg answered affirmatively.
Mr. Martin said the applicant will have to upgrade the lighting
situation to meet the requirements of the ordinance. Mr. Cilimberg stated
that the lighting issue was not addressed in the special use permit
conditions. Ms. Thomas pointed out that the lighting and landscaping were
already requirements in the site plan. Mr. Bowerman said the lights were a
major issue by the public at the Commission meeting, and that is why he
brought it up today.
There were no further questions or comments by Board members. Mr.
Martin asked the applicant for comments.
Mr. Kevin Quick, Chairman of the Board of Directors of the Scottsville
Volunteer Rescue Squad, stated that he wanted to address some of the issues
brought up by the public. The neighbors in the area are valued by the rescue
squad. He then asked for clarification of Condition Number Three, which
indicated that: ~Approval is limited to no more than one event per week
either for fundraising purposes or rental for events not.associated with the
rescue squad."
Mr. Martin stated that usually the time allotted for the applicant to
speak is not used for a question and answer period. However, given that the
applicant has just received this information, he thought it would be
appropriate for Mr. Cilimberg to answer the question, if Mr. Quick so wished.
Mr. Quick remarked that he would continue with his comments. In looking
at the rental options, he wanted to make sure that consideration is given to
the fact that some seaSons may be better for renting than others, such as the
Thanksgiving and Christmas holidays. He would hate to subject the rescue
squad to something that would limit its ability to take advantage of any time
revenue could be provided.
Mr. Bowerman inquired if Mr. Quick is still thinking of four times a
month maximum for activities, involving one rescue squad activity and three
non rescue squad activities.
Mr. Quick answered, "yes." He noted that the septic system limits
events to one per week. He then called attention to Number Seven indicating
that, ~No such activity shall be conducted between 11:00 pm. and 8:00 a.m."
He asked the Supervisors to consider a later time for Fr%day and Saturday
nights, such as 1:00 a.m., for events happening later in the night. He then
asked for a show of hands from the rescue squad members who were present, and
approximately 15 people responded. He said some other members of the rescue
squad were going to speak to issues brought up by the public.
Mr. Martin reminded Mr. Quick that applicants have a ten minute time
limit. However, another representative of the rescue squad could speak during
the remainder of the time. At the end of the ten minute period, everyone else
would be limited to three minutes.
Mr. Quick asked the Board members to consider their decision very
carefully, since this is very important to the rescue squad.
January 13, 1999 (Regular Night Meeting)
(Page 10)
Mr. Michael Johnson, Captain of the Scottsville Volunteer Rescue Squad,
addressed the lighting issue. As per recommendations from the Planning staff
today, shielding will be appropriate for the lighting. It is his
understanding the shield will be a box type light extending beyond the bottom
of the light and will shine the light directly at the ground. There will be
no horizontal projection of the light. He agreed with Mr. Marshall's earlier
statement that the lights have been used on one or two occasions in the past
several weeks because of the ice situations. It was felt it was beneficial to
use the lights because of safety issues with the members'of the rescue squad.
Otherwise, they are left off and will continue to be left off until the
lighting is approved through the building code and zoning services.
Mr. David Jackson, a member of the Scottsville Volunteer Rescue Squad,
spoke about the traffic issue. He noted that all traffic coming in and out of
the facility is emptied onto a major highway running from Nelson County to the
edge of Richmond. The amount of everyday traffic involves emergency
transports, etc., and the use of the facility four times a month will not
create a large increase. Even'if it does, it will only be for a few hours.
The vehicles will enter one time and go out one time, and he does not think it
will affeCt the neighbors. The entrance was changed to connect to the large
state highway, and he does not think the traffic on Route 6 will affect the
neighbors, who live on Route 737. None of the traffic will go to Route 737,
and the only reason the rescue squad would use the road would be for an
emergency response to the people who live there.
Ms. Tammy Johnson, the night Second Lieutenant for the Scottsville
Volunteer Rescue Squad, referred to the noise issue. She is on duty on Friday
nights which is the night that would be used specifically for certain events.
She works every day, and serves the rescue squad at night, and she wouldn't
want the noise any louder than she could tolerate. She would not want to
subject the neighbors to intolerable noise either. The members of the rescue
squad would not want anything imposed on the neighbors that they would not
impose on themselves. As far as the building is concerned, the room had four
inch double insulation which is standard, and then three and one-half inches
more of insulation was added. She believes seven and one-half inches of
insulation will not allow any loud noises very far from the building. The
rescue squad members are trying to be good neighbors and they hope the
neighbors understand their situation.
Ms. Cory Grissom, a member of the Scottsville Rescue Squad for the past
four and one-half years, as well as a University of Virginia fourth year
medical student, addressed the issues involving the usages of the room, as
well as the largeness of the room. She noted that the rescue squad wants to
hold its fundraising events there. She emphasized that other purposes of the
room include the rescue squad's monthly meetings, and monthly continuing
education classes to keep all of the members current on their training and up-
to-date as far as the latest rescue recommendations. The facility is also
able to hold classes for the public such as CPR, First Aid and EMT classes.
She pointed out that CPR and EMT instructors are available to serve this
facility as well as the community at large for better community education.
Another reason for the large room is because the Scottsville Rescue Squad
building has also been deemed an emergency shelter for the County. There are
capabilities for amateur radio usage, as well as gas cooking and generator
facilities. This facility on Route 6 can be used as an ~mergency shelter in
times of disaster for the community at large. The funds generated from the
activities will be used for such things as maintaining the daily working
activities of the rescue squad. There have to be enough funds to buy
supplies, to keep all of the trucks stocked, as well as upgrade the equipment
so the latest possible equipment will be available in order to serve the
public. Several vehicles have to be kept in top working condition so they are
safe and so members of the rescue squad can respond to all of the calls in a
timely manner. The rescue squad members work very hard. She emphasized that
a lot of planning has gone into the room, and it serves more of a function
than just raising money for the rescue squad, although that is a big part of
it.
At this time, Mr. Martin opened the public hearing, and he reminded the
speakers that they would be limited to three minutes of time. At the end of
the public hearing, the applicant will have five minutes for a rebuttal
statement. He then asked the members of the public who wished to speak to
SP-98-56 to come forward.
January 13, 1999 (Regular Night Meeting)
( P a g e 11 ) ...... .!~:~ ~...~??.~ ?~3:.?~t?~%~
000236
Mr. Ralph Smith mentioned tl~at he had some small concerns about the
parameters of the special use permit. Mr. Cilimberg has brought some of these
issues before the Board today, but he still thinks there'is concern about the
types of events that will possibly come about as a result of the special use
permit. The frequency of events has already been addressed, as well as the
number of people in attendance. He recalled a concern about the septic system
that was brought out during the Commission hearing held earlier. One of the
members said the ramifications of the septic system was understood, and Mr.
Smith suggested that perhaps porta-johns could alleviate these problems. He
also pointed out that with nine and one-half acres of land some of the
questions may relate to exterior uses rather than just the interior rentals of
the property. He is not familiar with the exterior uses, and he would like to
have this matter addressed. This is certainly a rural area and whatever
happens will ~mpact the community. No one wants to stop the rescue squad from
raising funds, since tax money is spread thin, and anytime resources are
available from the outside, it is a blessing. The activities can be limited
and they should be low impact activities to the rural community. The Lake
Monticello Rescue Squad was used as an example, but its facility is often
rented to large crowds and a lot of money is made on the activities. He is
not sure the community nor the rescue squad members want to make a lot of
money on the rental of the rescue squad's property in Scottsville. A lot of
the members of the rescue squad are friends of his, and he has worked with
several of them in many activities. He was a police officer in Albemarle
County for a number of years, and he recalled that when these types of
facilities are rented, even with the best intentions, the people who are
renting the facilities can sometimes cause problems. There has been no
discussion of the rental responsibilities of the rescue squad. This meeting
could have probably been held at the rescue squad building, and it would
probably have accomplished just as much. If there is good judgment by this
Board and the rescue squad members, the community will certainly support the
decision. The neighbors in the adjoining properties want to work with
everyone to solve the concerns.
Mr. Gilbert Somers, an adjacent property owner, stated that he had two
serious concerns when this request originally came before the Commission. One
concern related to the lighting, which was quite hazardous, but it seems now
to be resolved. His other concern relates to the rental of the facility as
though it was a catering hall, because the rescue squad will have no control
over the rental of the property and will be unable to control whether or not
liquor is served. Therefore, he thinks liquor will be served. His concern is
that the property will be rented, and there will be 200 or more people
attending an event. Liquor will be served and a good number of the people
will leave the place intoxicated. They will drive on Route 6 and create a
real safety hazard. If there is no way to control the serving of liquor, then
the part of the special use permit requesting'permission to rent the facility
for private affairs should not be approved. He does not think the rescue
squad members, who would have no control of their own, should be sending
people out in cars into the streets intoxicated. These ~eople will go a
couple of miles down the road, and have an accident involving an innocent
person, and then the rescue squad will be called to take care of them. This
makes no sense whatsoever. He has no problem living next to the rescue squad
facility, and he has no problem with them having fundraising events.~ There
are many ways to earn money for the rescue squad without renting the facility
to outside parties. He heard a discussion that the facility could be rented
for $300 a night. However, these events are presently limited to two nights a
month. Even if the facility is rented out, $300 is not a realistic number.
The Monticello Rescue Squad was the example being used, and it serves a larger
community than Scottsville. If the rescue squad members are successful in
renting out the facility twice a month for every month in the year for $250 a
night, it would only be $6,000 a year. Maintenance and cleaning of the
building, etc., would have to come out of this gross amount, and probably only
half of this amount of money would be cleared. All of these neighbors would
be exposed to drunken drivers. He thinks everybody should be against this
problem, because the damages done with drunken driving, as well as automobile
accidents, are constantly being discussed. It makes no sense to him to
promote such activities. He hopes the Supervisors feel the same way and turn
that part of the request down. He reiterated that fundraising is fine, but he
does not think the facility should be rented out to other people.
Ms. Delores Somers, wife of Gilbert Somers, stated.that they moved to
Scottsville 25 years ago, and their farm directly adjoins the rescue squad
property. She noted that her son, Victor, has been a member of the rescue
squad for many years in Scottsville, although he is on a leave of absence at
' 00023'7
January 13, 1999 (Regular Night Meeting)
this time. Her older son is a member of the Faber .Rescue Squad, as well as
the Charlottesville/Albemarle Rescue Squad. Her daughter-in-law is a member
of the Faber Rescue Squad, and she works in thee emergency room at Martha
Jefferson Hospital, as well as her two sons. She is quite familiar with
rescue squads, although personally she has never worked with them. She was a
good neighbor when the rescue squad came, and she never opposed it, because
she respected it. However, she had no idea fundraising events and weddings
would be going on until 1:00 a.m. This area has rural zoning, and it is not
zoned for development or a dance hall, If this wasn't relating to the rescue
squad there would be more people here tonight, but nobody wants to sPeak
against the rescue squad. She doesn't want to speak against it either, but
she wants to keep the area the way it is now.. .She still wants to be a good
neighbor, but she expects the rescue squad to be a good neighbor also. She
had no idea this issue would come up, because she thought the words, "rescue
squad," meant exactly that. She did not think the words meant a catering hall
or that the facility would be rented out to anybody who has the money. She
then requested the Supervisors to turn this portion of the special permit
down. She reiterated that she is in favor of the rescue squad, but she is not
in favor of the business of catering or renting the facility, and she is not
in favor of the fact that there will be no control over alcoholic beverages.
She pointed out that young children live in that neighborhood, it is a quiet
neighborhood, and the police have never had to be called. She then asked the
Supervisors to consider her feelings since she is a mother, she has lived in
Scottsville for 25 years, and she is a good neighbor.
Ms. Willie Chisholm, one of the neighbors, said that the rescue squad
needs income, but there are more appropriate ways to get it. The ones making
this request are not the homeowners in the neighborhood. She has a five year
old and an eight year old in her home, and she feels she can let them play in
her yard. It has been a quiet neighborhood, but everything is about to
explode. It all comes down to money, because even though the rescue squad is
involved in this request, the situation will be no different than a building
set up for prostitutes. The prostitutebusiness makes a lot of money, and
that is what the rescue squad members want. The neighborhood and the
neighborhood children will be subjected to drinking, as well as drugs. She
also pointed out that the people who take drugs will not be doing so inside.
They will go outside in the parking lot and the side road for these drugs, as
well as everything else that goes along with partying and drinking. The side
road is beside the neighborhood homes, where the children play. Scottsville
doesn't need this, although it needs a rescue squad. There are more ways to
pay bills than what the rescue squad members are trying to do to their
neighborhood.
Mr. Chisholm, a homeowner and business owner in Scottsville, commented
that he lives two doors down from the rescue squad, and he is very concerned
about the parties that could be held there. He has been a member of the Moose
Lodge in CharlottesvilIe for a long time, but he stopped going, because of the
trouble that goes on there. The people in the Elks Lodge are always fighting
in the parking lot and inside the building. People are leaving events at 2:00
a.m., unless there is a deadline. His main concern is about private parties,
and not the rescue squad. People come in at 4:00 p.m. in the afternoon and
start setting up for wedding receptions. There are children in the
neighborhood and retired people who have been there for years. He has been
there for 12 years, and some of these neighbors have been there a lot longer
than that. They moved there knowing it was a quiet neighborhood, and they
could leave their doors unlocked. He could go to work in the mornings and not
worry about anybody bothering any of his equipment or his home, and all the
other neighbors feel the same way. There has never been a break-in in his
neighborhood. If the property is rented, people will start driving down the
back roads and seeing the nice homes, and there will be a problem. He would
appreciate the Board of Supervisors voting against this proposal.
Ms. Nancy Hill remarked that she lives across the street from the rescue
squad. She and her family moved here 17 years ago because it was such a
beautiful rural neighborhood, and it had RA zoning. The rescue squad has
moved in, and the neighborhood is not the way it was originally presented.
The neighbors had no idea the rescue squad building would become a huge metal
shed. She noted that all four of the lights were turned on last night and
shining her way, and there was no snow, rain or ice. When she was leaving
this evening, one light was on, and it shines up her front steps. She said it
blinds anyone coming out of her home, and it blinds people coming from
Scottsville when they are trying to turn the corner, and they cannot see the
street. Since the light problem is going to be fixed, it is no longer an
January 13, 1999 (Regular Night Meeting) 0002~
· (Page 13) ·
issue. The issue is that the property the residents bought is no longer what
they thought they were getting. She does not know why, but her property, as
well as at least one of her neighbors' property assessment taxes came this
week, and the land value has been lowered. There is no reason for this,
because the properties are beautiful. The land value on her proPerty was
lowered almost 17 percent, and there was no reason for it, except that the
rescue squad moved in across the street. She is outraged and hurt. She is
not arguing the point that the rescue squad is needed, because she might need
it herself. However, she does not have the property she thought she had
because the equity has been lowered. She also noted that the neighbors were
not involved in the design of the rescue squad building. After the Commission
meeting last month, the gentleman in charge of the rescue squad presentation,
approached the opposing ~roup of citizens after the meeting and suggested that
perhaps they would like to form a neighborhood committee. This is after the
fact,.because the building is there, and it was designed by him and others.
However, the neighbors weren't opposed at that point. She recalled that there
were five huge trees to shield the view of the building on the original plans.
These trees are not there, although some evergreens were planted. She is also
very much opposed to rental of the facility for private parties because they
can't be controlled. No one can stand and police the parties, and people can
bring in liquor. She asked who is going to stop people from bringing in
friends and having a big crowd there. There could be crowds everywhere, and
noise outside of the building. People could even be drunk and 'running around
in the streets. She asked the Board members to consider the neighbors'
feelings.
Ms. Valerie Rhinehart, a member of the Scottsville Rescue Squad,
remarked that she wanted to address two problems, and the first was the
aesthetics of the building. In accordance with the regulations for
landscaping, 65 trees have been planted along the northern perimeter, and they
curve around to Route 737. On Route 737, there is an embankment which also
helps to screen the rescue squad building. She noted that because of the
timing of the completion of the building, the trees could not be planted
earlier. However, a botanist was consulted as far as what was needed such as
soil and water for the 65 trees. After a full year there should be a
significant growth in those trees. Now they are approximately four feet tall,
but they are supposed to get a lot larger. Five maple trees have also been
planted.
The second issue she wanted to address was the rescue squad's commitment
,into looking at all the different options available as far as renting out the
facility. The rescue squad representatives do not want to make any mistakes,
and they are examining other situations to try to learn from others' mistakes
to make the regulations as strict as possible. They have discussed the matter
with East Rivanna Volunteer Fire Company representatives, and they have given
them a set of guidelines that they need as far as renting out the facility,
and they hope to follow these guidelines. As far as alcohol is concerned, a
police officer would be present throughout the event. There are many other
different kinds of regulations East Rivanna has that are very strict, and the
same plan would be followed by the Scottsville rescue squad. She has a letter
from Mr. Lanny L. Moore, Sr., the Fire Chief of East Rivanna, stating that
there have not been any major complaints since this facility was built, except
for a complaint about the vehicle sirens coming out of the building. Mr.
Moore reported that this problem has been controlled, because the sirens are
not being turned on until the vehicles reach Route 250. She pointed out that
the fire station is in a subdivision with private homes around it, and the
noise has to be closely monitored. She left a copy of the letter from Mr.
Moore with the Board members. This letter describes what is expected from the
rental of the East Rivanna building, and the Scottsville Volunteer Rescue
Squad members expect the same thing. She stated that with the strict
guidelines, it will be'a safer environment for the rescue squad as well as the
neighbors.
Ms. Rita Critzer, a member of the Scottsville Volunteer Rescue Squad,
noted that it is her job to summarize all that her colleagues have said. She
remarked that each issue raised at the December 15, 1998 meeting has been
addressed, and the rescue squad members continue to try to fix whatever
problems arise. She stated that rational and acceptable explanations have
been given. The rescue squad representatives have asked this Board for three
things. She studied these requests and has come up with an analogy with which
she hopes everyone will sympathize. The rescue squad is asking to grow up,
because as an organization, it is 24 years old. It has outgrown insecurities
and bravados. It knows where it has been and where it wants to go. The
January 13, 1999 (Regular Night Meeting) ~00~9
rescue squad needs the Board of Supervisors to allow the room for its growth.
First, a later curfew is being requested in order to have a few more friends
over. However, most importantly, the rescue squad is requesting this Board to
allow it to be self sufficient, and to grow up, move out and take are of
itself. The rescue squad is asking that this Board allow it to responsibly
and respectfully do what is needed in order to do what it is driven to do.
This is the only way the rescue squad can meet the growing needs of the
community and keep pace with the ever present changes in emergency medicine.
Each function in the building puts the rescue squad that much closer to new
equipment and more training. She mentioned that 80 percent of adults who
become suddenly unresponsive are in a lethal heart rhythm called ventricular
fibrillation. The only treatment for this condition is a carefully delivered
electrical shock, which can be achieved by a basically trained EMT with a
machine called an automatic external defibrillator. These machines are
approximately $10,000 now, and she expects everybody would like to have an AED
on the ambulance that responds when their loved one collapses.
She next mentioned the number of rescue squad members who were present.
They know who they are and what they do, and they are neighbors. The rescue
members are teachers and first year interns, bank managers, students, 911
dispatchers, secretaries, moms, dads and grandparents, and they are always
there to help. She said from sore throats to cardiac arrest, twisted ankles
to mangled bodies, they are always there. They train and study, practice and
learn so they will be ready to serve the neighbors if they are needed. They
come on call unified in a pursuit of a single goal. They are the voices
people hear who are saying, ~Ma'm or Sir, I'm with the rescue squad, and we're
going to help you." She doubts anybody could find a unity of spirit and
purpose equal to the souls united in emergency services. They do what they do
so that others may live.
Ms. Cindy Johnson stated that she has been a member of the rescue squad
for six years, and she thinks the community is judging the rescue squad
members unfairly, because they have not given them the opportunity to prove
themselves. They are well aware of the responsibility of running a community
room. They have talked to representatives of East Rivanna, and a rental
committee has been established which consists of the Chairman of the Board and
the Captain of the Scottsville Volunteer Rescue Squad as well as two other
members. They know what a project such as this requires, and they are willing
to meet the standards. They are just asking for a chance.
Ms. Kimberly Chisholm pointed out that no one has addressed the number
of accidents already happening on this road and the number of small children
who live in the neighborhood. Her family lives two houses down from the
rescue squad and already this month there have been two accidents. One was at
her neighbor's house not 100 feet from her driveway. Most of the time there
is only one police officer in Scottsville. She wondered how one police
officer can control so'many people if a fight breaks out, because it usually
takes 30 to 45 minutes to get a response now from a police officer in
Charlottesville.
Mr. Raymon Thacker, former Mayor of Scottsville, recalled coming to the
Board of Supervisors in 1935 seeking help for a road, and since then he has
spent a lot of time at these meetings pleading for things. This Board has
been very kind to him, and he has seen a lot of Board members come and go. He
does not think any time he has been here, has he spoken for an organization
that is more honorable and more worthy to receive consideration than the
Scottsville Volunteer Rescue Squad. He and his brother ran the ambulance
service in Scottsville from 1929 to 1974, and it was a night and day job.
They were so happy when they were able to get a rescue squad in Scottsville,
and they gave their ambulance to the rescue squad many years ago. The rescue
squad has done a marvelous job in the whole community and not only for
southern Albemarle, but also for Buckingham, Fluvanna and Nelson Counties.
The rescue squad deserves congratulations from everyone who lives in this
community.
He then mentioned the more than $400,000 that has been spent on building
the present facility, and the amount of money still owed on the building. If
the County of Albemarle had to furnish the rescue squads' services and the
volunteer fire companies' services in Albemarle County, the taxpayers would be
unhappy because the taxes would be very expensive. He referred to a previous
statement by the lady who said her taxes did not increase, and he noted that
his taxes did increase. He thinks it is a petty thing for anybody to oppose
000240
January 13, 1999 (Regular Night Meeting)
(Page 15) ,:.~_:~+~,,. .... ~ ......
an organization that is as giving of the members' time and energy, free of
charge, to saving the lives of the people in that community.
There was no one else who wished to speak, so Mr. Martin informed Mr.
Quick that he had five minutes for a rebuttal.
Mr. Quick commented that obviously there is a concerned community, but
there are also concerned rescue squad members. This proposal has been
considered very thoughtfully, and he has talked to Larry Sprouse, the person
in charge of rentals for the East Rivanna Volunteer Fire Company. He has been
on the phone with him for a couple of hours discussing how this situation can
be handled. The rescue squad members do not want anything the neighbors
dread, and they will be present, and the activities will be controlled. When
a police officer is present for affairs, it is an off duty police officer who
would be paid by the person who is holding the event. If the need arises,
this person would pay f~r two policemen to be there the entire time of the
activity. This project will be handled correctly, because the rescue squad
members don't have time to deal with other problems. He asked the Board to
consider all of this when they make their decision, and to ask questions if
they need to do so.
Mr. Bowerman inquired if the staff contemplates that the four uses in
the special use permit are for training sessions. Mr. Cilimberg responded,
uno." These four uses are commonly associated with a rescue squad and are
excluded from this request. This special permit is dealing with fundraising
and rental of the facility.
At 8:25 p.m., Mr. Martin closed the public hearing.
Mr, Marshall stated that he has listened to everybody's comments, and he
has concerns for the five people who spoke tonight who live adjacent to the
rescue squad, because they bring up some legitimate concerns. However, he is
surprised about the devaluation of'property, because he got a lot of telephone
calls from people complaining about their taxes increasing in his district.
He will support this request, and there is no point in him reiterating the
comments about the good job the rescue squad does. He has to have faith in
the individuals who are running this organization that they are going to
control the activities to the satisfaction of the neighborhood. He has known
Mr. Thacker most of his life, and he knows he and other members of this
organization are going to police the activities and make sure the neighbors
adjacent to the rescue squad are satisfied. He then made a motion to approve
SP-98-56 with the eight revised conditions.
Mr. Davis called attention to the second sentence in Condition #6 where
there was a typographical error. The second sentence of this condition should
read, UNo event will be held until the paving is complete." He then clarified
the condition labeled #9, but it is actually the eighth condition. This
condition requires an actual application to renew the special use permit and a
publi? hearing by the Commission, as well as a re-approval by the Board of
Supervisors.
Mr. Martin asked if the process described in this condition is
automatic. Mr. Bowerman stated that it would be a complete review of the
special use permit. Mr. Davis agreed. However, there is a reduced
application fee for an extension or renewal of a special ~se permit. This fee
is currently $55, but it would require the same public hearing process through
which this permit has gone. In order for there to be seamless coverage of
this permit the applicant would have to re-apply in approximately eight months
and go back through the process.
Mr. Marshall inquired if the motion he offered will approve a condition
requiring this Board to review the application one year from now. Ms. Thomas
said the applicants will have to re-apply if they want to continue with this
situation. Mr. Marshall asked when this deadline will have to be met. Mr.
Davis answered that the condition indicates a one year length of time from the
date of approval. Unless there is re-approval by the Board of Supervisors in
one year, this permit will expire.
Mr. Marshall stated that this condition will accomplish two things. The
events will have to be policed really well for the next year, and the
application for this permit will have to be in place so the permit does not
expire a year from now.
Mr. Quick inquired about the time limit. Mr. Marshall responded that he
thinks 11:00 p.m. is a reasonable time for activities to conclude, and his
motion reflects this time.limit. Mr. Martin explained that the motion Mr.
Marshall made would be to accept the conditions as proposed at this meeting.
Mr~ Bowerman asked Mr. Marshall if he would consider changing the hours
to 12:00 midnight. This does not seem to be an unreasonable time to him.
Mr. Marshall answered that he would amend his motion to include a
midnight limitation since the whole thing will be reviewed in a year, and it
will be a good opportunity to see if it has a detrimental effect on the
neighborhood.
Mr. Martin wondered if there would be a 12:00 midnight limitation for
every night or just for weekends. Mr. Bowerman pointed out that the condition
does not specifically state Friday and Saturday nights. Mr. Marshall
mentioned that Mr. Bowerman has had more experience with such things since the
Seminole Volunteer Fire Company is in his district. Mr..Bowerman replied that
there have been no'problems with the Seminole or East Rivanna Fire Companies,
to his knowledge, and he does not believe they operate under any special
permit.
Mr. Marshall asked Mr Bowerman to clarify the hours for activities at
these fire companies. Mr. Bowerman explained that the Seminole Volunteer Fire
Company has bingo games, and the people are always gone before 12:00 midnight.
He is not concerned about the 11:00 time limit, but 1:00 p.m. seems too late.
He stated that 12:00 midnight seems a good time to end the activities.
Mr. Martin stated that he likes the 11:00 p.m. time limit. ~At the end
of the year, the situation can be reassessed. Although he would not vote
against it if the time limit was raised to 12:00 midnight, he would ask that
this later time be directed only to Friday and Saturday nights.
Mr. Marshall said he is willing to amend his motion to a time limit of
12:00 midnight for Friday and Saturday nights and an 11:00 time limit for week
nights.
Mr. Bowerman stated that he would second the motion. When he visited
the Scottsville site, he was amazed with the amount of equipment, because he
had no idea the rescue squad was as large as it is. If there was a major
event at the Airport, he believes most of the vehicles would be from
Scottsville, because he does not think there are that many emergency vehicles
in Crozet or on McIntire Road. The Scottsville rescue squad building could
serve as an emergency shelter for 200 people. He mentioned that there is a
45,000 watt generator that was paid for by the County, and there is the
ability to add port-a-potties during a state of emergency, as well as the
ability to pump the t~s~'~ if necessary. The very nature of the operation of
the individuals running the rescue squad is different from an applicant
requesting a dance hall permit or a fundraiser. The rescue squad's primary
responsibility is to provide service to the community. He noted that no
restrictions were put on the East Rivanna request, and to his knowledge there
are no restrictions on any of the other fire companies. If they follow the
guidelines of East Rivanna which are not even included in Mr. Marshall's
motion, the possibility of having disorder is minimized because there are paid
policemen and sheriff's deputies who attend these events. He is not
suggesting incorporating any provisions. Based on what he saw of this company
and its voluntary commitment to the community, these regulations are almost an
overkill. The lighting issue needed to be dealt with, because the lights were
very onerous and objectionable. They were projected outward from the building
off site just the opposite from the regulations in the County's new Lighting
Ordinance. This building was built before the new ordinance, but the building
is co-titled to the County, and the County cannot have these types of lights.
He will support Mr. Marshall's motion, but he thinks th~se conditions present
a strong overkill, as well as bringing the permit back before this Board.
Mr. Martin remarked that he was focusing on Condition Number Three
relating to the total amount of events per month, because he did not see this
as a problem. Mr. Bowerman stated that he thinks there should only be four
events per month, since this stipulation is based on the capacity of the
septic system. Mr. Marshall stated that the Health Department will enforce
this regulation.
000242
January 13, 1999 (Regular Night Meeting)
(Page 17)
Ms. Thomas mentioned that she does not see what difference it would make
to the community to have two rentals and two other kind of events. They add
up to four, but the ability externally to tell the difference between them is
not going to be great. However, they may make a difference to the fundraising
abilities of the rescue squad.
Mr. Bowerman wondered if there was any way this Board can review this
application without formal re-submittal. Mr. Davis replied, "no." This is a
legislative act and the State Code will require an extension or an appeal
which would be the same legislative process.
Mr. Bowerman stated that in deference to the people who have doubts and
whose property surrounds this facility, he thinks Condition Number Nine in the
motion is acceptable.
Mr. Martin asked if Condition Number Three limits the events to four
major events per month. Mr. Davis rePiied that the events can be limited to
one per week. Mr. Bowerman and Ms. Thomas stated that this is a Health
Department matter.
Mr. Cilimberg suggested that if the Board members don't care whether the
facility is rented or if it is the rescue squad's own fundraising event, they
can say approval is limited to no more than one event per week either for
fundraising purposes or rental for events not associated with the rescue
squad.
Mr. Marshall agreed that the condition should state, "Approval is
limited to one event per week either for fundraising purposes or rental for
events not associated with the rescue squad."
Mr. Bowerman said he talked with the Director of Emergency Services, Mr.
Kaye Harden, about the issue of how that many people could be housed in such a
location in an emergency based upon this type of septic system. Mr. Harden is
the one who informed him of the pump and haul process and the port-a-potties.
Mr. Harden also mentioned that a propane emergency heat ~upply is available,
and the generator would not have to be used for heat. This facility is a
major asset to the Community of Scottsville and southern Albemarle.
Mr. Martin noted that a motion has been made to approve SP-98-56
with the eight conditions as modified. Roll was called and the motion carried
by the following recorded vote:
AYES: Mr. Bowerman, Mr. Marshall, Mr. Martin, Ms. Thomas and Mr. Perkins.
NAYS: None.
ABSENT: Ms. Humphris. -
(The conditions of approval are set out below:)
5o
7 o
8 o
Any fundraising activity shall e conducted in an enclosed building only;
Approval is limited to no more than one event per week either for
fundraising purposes or rental for events not associated with the rescue
squad;
Any use of this building shall comply with any applicable requirements
of Chapter 12, Article 2, Division 1, of the County Code regarding dance
halls;
Approval of expansion to the septic system to accommodate an event with
200 people for which food and drinks can be served. No event will be
held until the expansion is complete;
The applicant shall pave the parking area. No event will be held until
the paving is complete;
No such activity shall be conducted between 11:00 p.m. and 8:00 a.m.,
except Friday and Saturday for which no such activity shall be conducted
between 12:00 midnight and 8:00 a.m.;
Development shall be in general accord with the attached plan titled
Scottsville Rescue Squad, prepared by Robert Lum, revised 12/16/96 and
initialed WDF 1/9/97; and
Special use permit shall expire one year from its approval date unless
extended prior to its expiration by the Board of Supervisors.
The Board recessed at 8:39 p.m.
The Board reconvened at 8:51 p.m.
000243
January 13, 1999 (Regular Night Meeting)
(Page 18) ~-,,, ....... ~-~..~:-~ .... >'.
Agenda Item No. 8. SP-98-58. John Buscarino (Sign ~58) . PUBLIC
HEARING on a request for a Home Occupation Class B permit to allow
construction of 2,000 sq ft accessory structure which will be used for the
manufacture of guitars [10.2.2.31]. TMl14,P65A1. Site consist of 2.28 acs
znd RA. LOc on SW sd of Rt 708 (Secretarys Rd) approx 1,500 ft E of Rt 795
(Presidents Rd). (Site is not located in designated growth area.)
Scottsville Dist. (Advertised in the Daily Progress on December 27, 1998 and
January 3, 1999.)
Mr. Cilimberg stated that the applicant is proposing to construct a
2,000 square foot structure next to his new home to accommodate his home based
business, which is the manufacturing of guitars. The staff is of the opinion
there will be no impact on surrounding uses, and there will be no
extraordinary traffic. The applicant is only expecting approximately eight
customers per year to come to the site and pick up orders. The applicant is
expecting supplies to be delivered once a week usually by UPS.
There is no anticipated impact on adjacent property, and the activity will
take place entirely within the garage.
He pointed out that the Commission has allowed a waiver to increase the
size of the building from the 1,500 square foot size, as stipulated in the
supplementary regulations of the Zoning Ordinance for any accessory structure
where a home occupation is conducted, to 2,000 square feet. The applicant has
indicated he needs this size building to store wood, because he buys it in
bulk, and it cannot be stacked. VDoT has requested that the applicant's
entrance meet commercial standards, but based on the very low traffic volume
increases, it is staff's opinion that this is not necessary in association
with this home occupation. The Health Department has given approval for the
septic system, and the staff has recommended approval with three conditions
which were slightly modified by the Commission.
There were no questions for Mr. Cilimberg from the Board members.
Mr. Martin asked the applicant for comments. Ms. Willie Mae Perkins,
representing Mr. John Buscarino, stated that he has the same type of guitar
business in Fort Lauderdale, Florida, at the present time, but he wants to
relocate to this area. He wants to build a house on land that is currently
vacant, if this application is approved. The adjacent building where the
guitars are proposed to be constructed will look similar to the house, but it
will be a garage. From the outside of the building, no one will be able to
tell it is a guitar manufacturing building, and it is a very quiet occupation.
A larger area is being requested because of the different types of materials
needed, and she mentioned that Mr. Buscarino has a brochure showing the types
of guitars he makes. The different types of wood cannot touch when they are
stored, and they have to have air circulation around them. She went on to say
90 percent of the time, the people do not pick up the products. The products
are usually shipped. As an item of interest, Ms. Perkins noted that Mr.
Buscarino has a guitar on display in the Smithsonian Museum, and he has
customers all over the world. Quite a few of his guitars have been sold to
customers in Japan.
At this time, Mr. Martin opened the public hearing on SP-98-58. No one
came forward to speak, so Mr. Martin closed the public hearing.
Motion was offered by Mr. Marshall, seconded by Ms. Thomas, to approve
SP-98-58 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. Marshall, Mr. Martin, Ms. Thomas and Mr. Perkins.
NAYS: None.
ABSENT: Ms. Humphris.
(The conditions of approval are set out below:)
Home occupation shall be limited to 2,000 square feet total, for
homemade guitar manufacturing;
Fire official approval of materials storage; and
Any structure to be utilized in conjunction with this home occupation
shall meet all applicable setback regulations.
January 13, 1999 (Regular Night Meeting)
(Page 19) ~
000244
Agenda Item No. 9. CPA 98-04. Chapter Two, The Natural Environment.
PUBLIC HEARING on an amendment to Chapter 2 of the Comp Plan, "The Natural
Environment," as part of the state-mandated 5-year review, to revise the
language of the chapter as it currently exists in the 1989 Comp Plan.
(Advertised in the Daily Progress on December 27, 1998 and January 3, 1999.)
Ms. Mary Joy Scala summarized the amendment to Chapter Two of the
Comprehensive Plan relating to "The Natural Environment." This is part of the
state-mandated five-year review, to revise the language of the chapter as it
currently exists in the 1989 Comprehensive Plan. She explained that the
Planning Commission recommended approval on December 8, 1998 of a new Chapter
Two, entitled "Natural Resources and Cultural Assets" which replaces Chapter
Two, "The Natural Environment" currently in the1989 Comprehensive Plan.
Chapter Two addresses all open space resources in the rural area and the
development area, because both areas are dependent on the resources of the
overall natural environment~~ The Open Space Plan identifies four major open
spaces, and they extend across the boundaries of the rural area and the growth
area. She mentioned that the resources and resource protection efforts
described in this chapter, for natural and scenic landscapes, historic
resources, water supply protection and agricultural and forestal preservation
are closely tied to the rural areas through the growth management goal. There
are a lot of strategies in this chapter of the Comprehensive Plan, and the
staff will be preparing an action agenda which will list the most pressing
strategies in order to give them priority.
Ms. Scala then outlined some of the similarities and the differences
between the proposed amendment and the 1989 version of Chapter Two. First,
there is a new section on sustainability which indicates that the Board should
review and support as appropriate the Accords which were presented to the
Supervisors at their last work session. The Physical Setting section is
basically the same, and the remainder of the chapter is divided into Open
Space Resources and Open Space Planning. She explained that Open Space
Resources include natural, scenic and historic resources. She commented that
the overall goals of these sections are very similar to the 1989 plan, but
there are some new strategies, and there are some organizational changes. She
remarked that water resources and agricultural/forestal resources are now
included under the Natural Resources section rather than listed in separate
headings as they were in the previous Plan.
The Water Resources section has undergone major updates and revisions
which were written by the Water Resources Manager, David. Hirschman. Some of
these were occasioned by the adoption of the Water Resources Ordinance in
February of last year. Ms. Scala said other changes to the Water Resources
section include a list of principles on Page Eight which establish a blueprint
for philosophy and action. She went on to say there are sections on
stormwater management, water conservation and recreational use of water supply
areas. There is a major expansion of the groundwater section including an
update of the Groundwater Protection Study, as well as a section on well head
protection, which is new.
Ms. Scala said Biological Resources and Biodiversity are shown under the
new Natural Resources section. She commented that in the Open Space Plan
which was previously adopted, a Critical Resource Inventory was discussed,
which is similar to the Biological Resource Inventory. She noted that the
Mountains section was adopted on August 5 of last year, and the Dark Sky
section is also new, but it has been implemented by a Zoning Lighting
Ordinance amendment last year. She said although these are new sections, they
have been discussed before.
She mentioned that the Scenic Resources section refers to scenic roads
and streams, and it contains new strategies. The Historic Resources section
is basically a place holder, since all the strategies are existing ones from
either the Comprehensive Plan or the Open Space Plan, and they are currently
in place. Ms. Scala added that she anticipates that the Historic Preservation
Committee is nearly ready to present its Historic Preservation Plan which will
contain additional strategies.
Ms. Scala said the Agricultural and Forestal Resources section places
importance on these resources, and the current Chapter 2 discusses both the
land resource and agricultural/forestal activities. However, the new chapter
discusses only the agricultural/forestal resources. She noted that
agricultural/forestal activities, along with other rural land uses, will be
January 13, 1999 (Regular Night Meeting)
(Page 20)
000245
discussed in the new Chapter Four which is called, "The Rural Area," and work
is beginning on this chapter. She said the Open Space Planning section has
more detail than was included in the 1989 Plan, and in 1992 the Open Space
Plan was adopted as part of the Comprehensive Plan. This is referenced as a
free standing document. She pointed out that a new section on Urban Open
Spaces recognizes the importance of designed open spaces as amenities in urban
developments. The greenways were mentioned in the Open Space Plan, but there
is more discussion in this chapter, and there is a detailed greenway plan in
the appendix. She stated that these are the major changes relating to this
amendment.
Mr. Martin inquired if Board members had any questions for Ms. Scala.
No one responded, so Mr. Martin opened the public hearing. He asked people
who were interested in speaking to come forward.
Ms. Karen Dame spoke on behalf of the Board of Directors for Citizens
for Albemarle indicating"%hat members of her organization have actively
participated in the protracted review of the County's Comprehensive Plan. She
added that they have carefully reviewed the August, 1998 draft of Chapter Two,
Natural Resources and Cultural Assets, and provided substantive input to the
Planning Commission. She emphasized that Citizens for Albemarle supports
adoption of the draft of Chapter Two which is currently before this Board. In
addition, she indicated that her organization members would like to see the
Albemarle County government and administration address the weaknesses in the
review process that result in a comprehensive planning mechanism which is
clearly inadequate to match the speed and scale of population growth in
Albemarle. They recognize the fact that Albemarle's planning resources have
been stretched in recent years to support several citizen-committees working
on important land use issues, and they agree with maximum support for the
committees' work and argue that the very need for those committees has arisen
from the intensive development pressures in this county. She stated that
these same pressures demand that there be an up-to-date Comprehensive Plan as
a basis for land use regulation. She pointed out that the County's population
growth has been persistent for over two decades, and it is not likely to
suddenly reverse its trend. Therefore, the high levels of demand on County
planning resources have to be treated as persistent and not transient and the
County government and administration have to rise to this demand, rather than
accept that parts of the planning process have to falter in order for other
parts to proceed. She said an unacceptable fact is that there is a document
under consideration this evening that is technically part of the 1995
Comprehensive Plan review, a process which began in 1992. She noted that a
county genuinely committed to prospective planning must face this flaw in its
process, move quickly to define its causes, and provide the resources and
reorganization necessary for a planning process that, in all its facets, runs
ahead of the growth curve, not four to seven years behind it. In summary Ms.
Dame said her organization supports adoption of the draft Chapter Two and
scaling up of the comprehensive planning mechanism.
Mr. David Crouch, Conservation Chair for the Piedmont Group of the
Virginia Chapter of the Sierra Club, stated that the members of his group
overwhelmingly support a Comprehensive Plan which places a high priority on
protecting Albemarle County's natural resources. The need to control sprawl
while protecting the County's open spaces is paramount at this time. County
officials and citizens cannot afford not to do all they can to make sure the
County does not begin to resemble the suburbs of Northern Virginia during the
next decade or two, and action is needed now. He stated that Albemarle County
is an incredibly beautiful place to live, and he urged the Supervisors to make
sure it stays beautiful in the future. The local chapter of the Sierra Club
supports strong mountain protection, stronger than is currently in use,
controlled growth development, preserving open spaces and protecting the
County's watershed. He added that only by greatly strengthening the Natural
Resources chapter of the Comprehensive Plan will this be accomplished.
Mr. DeForest Mellon, Jr., a resident of Albemarle County, remarked that
the draft text for the chapter of the revised Comprehensive Plan dealing with
natural resources is an important and progressive document. He noted that it
includes provisions for not only the protection of open space but it also
recognizes the critical importance of maintaining biological diversity in the
County for the benefit of all its citizens. This recognition will have
important consequences, through the recommendations of a standing citizen
Biological Advisory Committee, for future decisions by the County in
identifying and protecting its varied natural habitats. It is now well
understood that, both directly and indirectly, the services provided by
January 13, 1999 (Regular Night Meeting)
(Page 21) ~
ecological systems, and the biodiversity they support, are critical to the'
functioning of the earth's life-support system. He pointed out that these
services include the regulation of atmospheric carbon dioxide/oxygen balance,
protection from harmful ultraviolet B radiation, the regulation, storage, and
purification of surface waters, as well as control of erosion and soil
formation processes. He said not included in this list are more direct
benefits from natural ecosystems, including food resources, such as fish and
game, as well as raw materiais, recreation, and aesthetic and spiritual
values. He stated that while people are immediately insulated from their
biological heritage by a highly technological lifestyle, as biological beings
they are ultimately dependent upon natural ecosystems for their survival.
Albemarle County is not unique in facing the challenge of protecting its
dwindling natural resources, including its biodiversity, from the inexorable
pressures occasioned by the growth of its human population.
He then mentioned spending a six-month sabbatical in Massachusetts
recently where, if anything, residential and commercial growth pressures are
more intense than in Central Virginia. The citizens of that Commonwealth have
passed important legislation establishing land banks to purchase and protect
their critical natural resources. He stated that depending upon the
particular community, these land banks are supported through local real estate
taxes or by surcharges paid by the buyer when real property changes hands. It
is time for Albemarle County to move beyond the expansionist attitudes of the
1950s toward a sustainable accommodation with the natural environment. He
emphasized that the draft chapter on natural resources is a step in that
direction, and he urged the Board to adopt it as written.
Mr. Jim Bennett said he is speaking on behalf of his family and his wife
Donna, who are residents of Western Albemarle. He added that although the
current draft of the Natural Resources and Cultural Assets chapter of the
Comprehensive Plan addresses many interrelated areas of concern to his family,
he specifically wants to comment on the draft as it applies to his major area
of interest, which is the forests and streams of Western Albemarle County. He
recalled that five years ago, as a result of the Related Lands Study carried
out by the Shenandoah National Park and the University of Virginia, Albemarle
citizens were asked to help conserve resources of mutual interest. He said at
stake was an integrated forest system presently undergoing fragmentation,
which ultimately threatened those species that depend upon wide forested
expanses to survive. He noted that when owners of private land adjacent to
the Park were asked to help preserve wide forest tracts voluntarily, he, as
well as a majority of others, pledged support. He believes this was an
important beginning step toward addressing a problem'that should occupy a
central position in the proposed document. He stated that the problem relates
to the best practices that will minimally disrupt or improve the biodiversity
of this area. He said it is now clear that the long-range quality of human
life depends on environmental practices that support all living things. He
commented that beyond promoting people's own pleasures, comforts and short-
term profits, they are obliged to value their natural resources for their
intrinsic worth. He pointed out that natural resources possess status beyond
physical senses, and he believes they form the basis of an ethic of how they
must be managed. This duality of purpose, as far as doing what is convenient
for humans and what is in the best interest of the area's resources, is
frequently the source of conflict. Unfortunately, it is his family's opinion
that this draft appears to have a bias toward how human needs can best be
accommodated, rather than giving equal status to determining which policies
and practices are in the best interest of environmental resources.
He next applauded those portions of the draft that seek to present a
more balanced view by valuing the health of ecosystems in themselves while
pointing out the public benefits that can be derived from them. He believes
the introductions to the sections on biodiversity and water resources are
especially effective. He went on to say that establishing a comprehensive
biodiversity database will allow environmental impact decisions in Albemarle
County to be made more rationally. His family supports strengthened proposals
to encourage minimizing but ultimately restricting further forest
fragmentation in sensitive areas, and to improve stream biology by controlling
watershed land use practices and mandating minimum in stream flows. He also
encouraged the development of the educational programs outlined in the draft,
and he said he would like to see them be more extensive.
Ms. Sherry Buttrick, a resident of the White Hall District at the
Village of Millington, stated that there are many good goals and objectives in
Chapter Two, as well as a lot of good information. She would like to speak to
January 13, 1999 (RegularNightM~eti~g) 000247
(Page 22) %, ~iii~}i~<~.~
the structure of the document because she thinks it interests other people
besides herself. She would also like to speak to the Agricultural and
Forestry Resources section, because it is the one area that she thinks needs
strengthening. As far as the'structure of this chapter is concerned,
especially with the prospect of there being another work session on this
matter, she urged that the amendment should be edited and the text clarified.
It could be simplified, and it could be shortened. She stated that it would
be good if the internal conflicts in this document could be addressed and
resolved, and she called attention to Page 69 where the plan notes a potential
area of conflict between two major areas that were outlined among the
resources. As a structural matter, Ms. Buttrick pointed out that there should
be equal treatment to the natural resources that were outlined, particularly
those new natural resources which were not in the Comprehensive Plan during
the 1989 version.
She added that she hopes strategies toward actions can be oriented and
benchmarks attained. She' suggested that County officials try to minimize
suggestions of strategies which recommend the formation of committees,
subcommittees, establishing programs, and the development of studies where
they become goals in and of themselves. It would be profitable to continue to
look outward. She went on to say when Supervisors are reviewing and
discussing strategies, they should overcome nerve failure and make a decision
as to whether or not certain things should be endorsed. She suggested that if
the Supervisors do not wish to endorse these things, then perhaps they do not
belong in the Plan. She reiterated that the Agricultural and Forestry section
needs some augmentation, since this is the primary land use in Albemarle
County and in the rural areas.
Mr. Bob Belton commented that the amendment document is a blueprint of
the future so it must be unequivocal. He then called attention to a strategy
in the document which states, "Support the Albemarle County Service Authority,
City of Charlottesville and Rivanna Water and Sewer Authority to develop a
water conservation and efficiency program through the future water supply
permitting process. Implement recommended measures that require County action
through regulatory or non-regulatory programs." He noted that Albemarle
County is an aggressive County and a unique place. The County needs to depart
from the traditional approaches to natural resources and make unequivocal
statements that such a plan be developed and implemented by a specific date.
As part of the process, the difference between water demand and water need
should be determined. For example, he explained that the watering of lawns is
a waste and should never take place. He said Charlie Goodman, who used to be
the County agent, is still available and will verify this statement. Mr.
Belton suggested that the University of Virginia, Farmington and other major
water resource users should be asked to help in this process. He urged the
Supervisors to develop a strong program now.'' He said an across-the-board
water conservation program must be developed, and it should not be just a
permitting process.
He next mentioned another strategy in the document which states: "Work
with the Rivanna Water and Sewer Authority and appropriate state agencies to
balance water supply needs with minimal stream flow requirements for the
Moorman's River." In his opinion, this is another weak statement. He
recalled that representatives of the Rivanna Water and Sewer Authority
mentioned, at a November meeting on this subject, that the Authority works for
the Board of Supervisors and takes its direction. He stated that the
Supervisors should, therefore, direct them to resolve the minimal stream flow
problem.
Ms. Ruth Wadlington, Co-President of the League of Women Voters, thanked
the Planning Commission and staff for their hard work in completing Chapter
Two of the Comprehensive Plan, and for the care given to hearing and including
input from the public throughout the process. She stated that the quality of
life, economic wealth and health of citizens in Albemarle County's developed
and rural areas depend on the water, agricultural, forestal and scenic
resources of the rich natural environment. These natural resources must be
protected, and the revised Chapter Two provides the basic umbrella of
protection and strategies for implementing this protection. She then asked
the Supervisors to give special scrutiny to the groundwater section of the
document. She said nearly half of the County's population relies on
groundwater, a resource about which very little is known. It is not known how
much is available, how much is pumped out daily, whether supplies are being
depleted or misused or how increased use of groundwater affects water in the
streams that feed the reservoirs. To correct this situation, she urged the
. 000248
January 13, 1999 (Regular Night Meeting)
(Page 23) ~
Supervisors to place the development of a hydrogeological database on the
action agenda. In addition, to protect the quality of water, she urged strong
measures to prevent pollution by reducing paved-over surfaces and eliminating
improperly-maintained stormwater drainage basins and septic systems. She also
urged the County's promotion of ongoing water conservation measures through
education and incentives. She said sound water management will help to meet
present and future needs of the County's growing human population. She added
that it can also help to assure the viability of the plant and animal
populations that are essential partners in the ecosystem; for example, by
allowing a minimum in stream flow for the Moorman's River.
While she has focused specific comments on water, the League wants to
stress its support for the principles of sustainable development, biodiversity
and open space planning. She encouraged measures such as mountain protection,
conservation easements and purchase of development rights to preserve rural
areas that are endangered by urban sprawl, and she urged the Supervisors to
adopt and implement the Strategies in the "Natural Resources and Cultural
Assets" chapter of the Comprehensive Plan. She added that on the way to this
meeting she heard a few sentences from the Governor's speech to the General
Assembly. She reported that the Governor indicated his number one priority
was water quality, and he was proposing approximately $48,000,000 in the
budget. She said perhaps Albemarle County will be able to get some of this
funding.
Mr. Peter Hallock, representing the Piedmont Environmental Council,
stated that there has been a lot of discussion lately about what the citizens
of Albemarle County really want. He said perhaps it is time to reflect upon
the findings of the 1994 "Albemarle County Planning Needs Study," which is the
$15,000 poll the County sponsored to gauge public opinion on issues related to
the update of the Comprehensive Plan. He then noted three of the five
planning goals that were considered top priorities by Albemarle County
residents. They are: protecting water quality, preserving open space and
preserving farms and forests. He said over 70 percent of the citizens of the
500 households polled thought that protecting these resources ought to be a
top priority. He pointed out that it is not just the wealthy who care about
protecting these resources. He stated that of the lower income households
surveyed, over 87 percent of the citizens thought that p~otecting water
quality ought to be a top priority; over 81 percent thought that protecting
natural resources ought to be a top priority and 77 percent thought that
protecting farms and forests ought to be a top priority. The review of the
Comprehensive Plan has stretched on for four years, and it's easy to forget
what the~public wanted. The Planning staff and Commission have spent two
years developing goals and strategies to protect the resources this community
values, and he urged the Board of Supervisors to adopt Chapter Two and begin
to put the plan to work.
Ms. Wren Davis Olivier stated that she lives on a farm in the Schuyler
area of the Scottsville District. She mentioned that this farm has been owned
and operated by her family since the 1850s, and today they raise approximately
200 lambs on a part-time basis. She noted that her father farmed full-time,
and as a girl she helped him chop corn, milk cows, kill pigs and perform
countless other tasks of farm life. She has a long and affectionate
connection to commercial agriculture in this County, and she knows first hand
the consequences of bad weather, disease outbreaks, livestock price cycles and
government regulations. She also knows that the difficulties of agriculture
will not be solved with the neglect of natural resources. She believes the
native plant and animal population must be maintained in the rural area, and
she asked that the Board of Supervisors accept the proposed "Natural Resources
and Cultural Assets" Chapter of the updated Comprehensive Plan. She also
urged that the Supervisors quickly establish the proposed Biological Advisory
Committee and see that the Biological Inventory is conducted.
Ms. Jean Kolb, an Albemarle County resident living west of Covesville,
said she would like to comment on the biological resources and biodiversity
issues. She is extremely pleased to see this section included in the
Comprehensive Plan, and she was pleased to read in it that: "Humanity has an
ethical responsibility to care for other forms of life on earth." She wishes
she could show the Supervisors the many different animals and birds she has
encountered in her mountain forest over the last 23 years. There are little
animals that only live in the northern United States and down the Appalachian
chain such as the yellow nose rock vole with its young under a spice bush in a
leaf nest; the woodland jumping mouse that hibernates in the winter, but
travels in eight foot leaps when it's active; the star nosed mole with 22 pink
January 13, 1999 (Regular Night Meeting)
(Page 24) .. '.i~ ~,.
O00249
finger like projections around its nose; and many others, that are more widely
distributed from the little long tailed weasel, to spotted skunks and the
occasional black bear. She wishes she could show the Supervisors the mother
grouse leading a covey of her chicks; and the warblers coming off the nest,
edging out on a twig, gripping it tightly and pressing close together while
their parents call to them, trying to work up the courage to leap off into
space. She said it~ is a critical moment for them because they have to jump
and, finally with their wings whirring, they do. She noted that the woods are
a busy community of hundreds of interacting lives that most people never see.
She went on to say when people don't see them, they don't know they are there,
and important habitat tends to be thought of only in terms of investment
return on dollars.
She remarked that the proposed Chapter Two is knowledgeable, and it
shows that there is more at stake than that. She said migratory species such
as warblers and thrushes are declining in numbers yearly. She pointed out
that forest fra~mentation'is part of the problem, and what is done in
Albemarle County makes a difference. There really is a responsibility in the
survival of other species, and she asked the Supervisors to try to think of
them as part of their constituency and make this chapter a strong addition to
the Comprehensive Plan. She then called attention to the strategy listed on
the bottom of Page 63 which states that the "Staff should develop an action
plan ..... "She asked that the word, "should" be changed to "will," so the
strategy will indicate that the "Staff will develop an action plan,
Mr. Dan Beeker stated that as President of the Ivy Creek Foundation, he
has been authorized by the Foundation's Board of Directors to extend a
unanimous appeal that the Supervisors adopt this draft chapter to the
Comprehensive Plan. He noted that the Ivy Creek Foundation presently has 700
members who contribute financially to the Foundation, and last year alone over
5,000 people attended its nature programs, and over 250 people volunteered
thousands of hours to its efforts. He said that day after day Foundation
members see a tremendous love exhibited by a broad cross section of this
community for natural and scenic resources. He urged the Board of Supervisors
not only to adopt the draft but to resist efforts to make it weaker and to
continue to seek even more proactive and aggressive ways to protect the
County's lands and waters. He mentioned that this past year there was the
first record of a bald eagle nesting in this County near Milton on the Rivanna
River. This is a positive sign. However, there are warnings that other
species are disappearing including the Bob White Quail. He urged the
Supervisors to protect habitat and give the animals a chance.
Mr. Tom Olivier stated that he lives in the Scottsville District, and he
urged the Board members to accept the Natural Resources and Cultural Assets
chapter recommended by the Planning Commission as part of the updated
Comprehensive Plan. He commented that much of this chapter contains advances
over current County policies, and some sections, such as historic
preservation, await further development and strengthening. He said natural
resources face many escalating threats, and if more efforts are not made in
protecting the County's natural resources, many will disappear. He remarked
that Albemarle County must commit to equitable, direct protection of its
precious natural resources, and it must do so soon. He noted that much of the
original biodiversity of Albemarle County has been lost, yet existing policy
is dangerously silent regarding protection of biological resources. This
proposed chapter calls for creation of a County Biological Advisory Committee
and conduct of the long called for Biological Inventory. He urged that these
measures be implemented soon. He said continuation of the current state of
ignorance is indefensible.
Mr. J. J. Murray commented that he would like to focus on the Historic
Resources section of the Comprehensive Plan. He endorses the objectives of
the Plan, and he thinks there is a lot of general support and agreement that
there is a very important historical resource in Albemarle County, and more
should be done to protect it. He stated, though, that he thinks the current
strategies are totally inadequate, and he looks forward to a thorough
discussion of the Historic Preservation Ordinance in the future. He was sorry
to see what he considered the most important statement in an earlier draft
disappear from the chapter as it is written now, and he quoted this statement:
"Moreover the number of resources destroyed in recent years, together with the
continuing development trends suggest that continued reliance solely on
voluntary measures would be imprudent." He knows this is true from perSonal
experience. He lives in one of the original farmhouses of the Carr family~
which he purchased 35 years ago when it belonged at that'time to a developer.
January 13, 1999 (Regular Night Meeting) 000~0
(Page 25)
The developer had left it empty for five years, and it was in bad condition.
One of the other potential buyers for the property wanted to tear the house
down and build another one in its place. He does not particularly like the
idea of having to request Certificates of Appropriateness for the kinds of
improvements he has undertaken on this property over the years. However, he
sees no alternative to an ordinance with some strength in it if the loss of
the County's heritage is going to be prevented. He said, at least, minimum
standards of maintenance must be specified, and the demolition of historic
properties must be prevented without some type of due process. He remarked
that he is quite willing to give up some of his personal property rights in
order to achieve the greater good of protecting the historic heritage of
Albemarle County.
Mr. Jim Eddins remarked that he is a resident of the Rivanna District in
Albemarle County, and he appreciates the opportunity to speak on behalf of
what he considers to be one of the more important chapters of the Comprehen-
sive Plan. He then mentioned a letter Thomas Jefferson wrote to James Madison
in 1791 in which Mr. Jefferson stated that, "The earth belongs and usu fruct
to the living." He said "usu fruct" is an 18th century term, and Thomas
'Jefferson was referring to someone taking over a farm. The people could enjoy
the fruit from that farm and then they were expected to turn it back to the
original owner unharmed. He stated that the resources the proposed chapter to
the Comprehensive Plan addresses are precisely the resources alluded to by
Thomas Jefferson. These are the natural and cultural resources, which are the
things that make Albemarle County a community different from all others, not
only in Virginia, but elsewhere in the United States. A strong chapter
addressing natural and cultural resources is very worthy'for consideration by
the Board of Supervisors.
Mr. Jason Albert informed the Board that he is a City resident and
Coordinator of the Appalachian Restoration Campaign which is a GIS based
nonprofit mapping organization that works on long range conservation planning
for the Appalachian. He would like to volunteer for the Biodiversity
Committee, if volunteers are needed. He supports the proposed chapter to the
Comprehensive Plan, as it stands, although he urged strengthening in any part
of it where possible. He commented that it is very important for young people
to recognize the fact that they are going to be handing down quite a different
place to their children than was handed down in the past. This is unfor-
tunate. He mentioned that his grandparents owned farms in West Virginia, Ohio
and PennsYlvania, and now they are developments. He has gone back and looked
at these places, and the farms are gone. He is not saying everything has to
be stopped, but what has been done to the land is unfounded, and it has been
done without any sort of regard for the natural environment. It is time to
respect and love that which People are surrounded by and that which supports
the country's entire economy. He emphasized that he will even stand in the
way of bulldozers, especially when things such as the new Walmart are being
built, and there is a growing number of people who will do so. He stated that
this may be an unfortunate event that will have to take place, but a lot of
members of his generation have seen the situation, they don't like where it is
heading, and they are tired of it. They are willing to do a little more than
just ask that it not be done. He urged the Board to pass this amendment.
Mr. John Hermsmeier, Program Director for The Environmental Education
Center (EEC), spoke next. He gave a prepared statement indicating that the
EEC strongly supports the proposal to protect biological resources included in
the "Natural Resources and Cultural Assets" Chapter of the Comprehensive Plan.
The mission of the EEC is to implement a regional program of environmental
education for the community and its schools that encourages informed partici-
pation in the issues, decisions and projects that shape the environment. He
remarked that a proactive commitment to the identification and protection of
our biological resources is necessary to the success of local environmental
education efforts. He said a community armed with this determination and
information can actively decide what amount of its landscape and associated
biological resources to preserve, what amount to restore and what amount to
relinquish for various purposes. He stated that without these tools, a
community risks losing not only its natural heritage, but its overall capacity
to shape its future in all respects. He remarked that building biodiversity
awareness, conducting a Biological Resources Inventory, appointing a
Biodiversity Committee and developing and implementing an action plan are
important steps in establishing Albemarle County's capacity to ensure the
preservation of its biological resources.
He then mentioned that the EEC's experience with a similar approach in
O00ZSl
January 13, 1999 (Regular Night Meeting)
(Page 26)
the Kellytown neighborhood of Charlottesville demonstrates that a school,
neighborhood, local government, university and environmental organization can
cooperate to address habitat issues. He said given the wealth of interest and
expertise across this community, it now seems an opportune time for Albemarle
County to take full advantage of its ability to understand and protect the
biological resources that its residents treasure. He mentioned that it would
be quite a gift to future generations of Albemarle County citizens who, upon
growing up in a community with its natural heritage intact, can reflect on the
wisdom of leaders who understood that preserving nature provides freedom for
culture.
Mr. Matt Kehoe mentioned that this amendment represents a fantastic
direction for the County. He has no friends at all, who would not stand up
and cheer if they knew the County was embarking on something such as this.
No one else came forward to speak, so Mr. Martin closed the public
hearing. He mentioned that the Board members had tentatively agreed to
postpone the vote.
Ms. Thomas said it shows respect for the people who have made
presentations tonight for the Supervisors to think about their statements and
suggestions. She stated that she appreciates the general support, as well as
the specific suggestions. She added that County officials cannot take care of
all of these things tonight, but they can continue to work on them.
Mr. Marshall thanked everybody for coming to the p~blic hearing. He
mentioned that he belongs to such organizations as the Wild Turkey Federation
and Quail Unlimited, and they have constantly tried to re-introduce these
species. He. likes to bird hunt, and as a young man he remembers going out
into the fields on his families' farms to hunt quail at any time. He added
that ten years ago when he would get close to the middle of a field when he
was cutting hay, there would be huge coveys of quail that would fly away.
This doesn't happen any more on his farm, and it is because of the way people
now farm. He explained that his cattle eat everything up to the fence rows,
so the quail don't have the habitat they once had. He stated that ways are
being considered to re-introduce this habitat. It may require double fencing
so there will be a row of grass between the fences, and it won't be as pretty,
but it should work.
He then commented that the main thing he is really concerned about is
the County's water. He has a very close friend who lives in New York. He and
his friend talk on the phone a lot, and he informed his friend that people
from New York were coming to this area to live. His friend answered that
people are leaving New York now because the taxes are too high, and they think
they have a better deal somewhere else. However, they are going to come back
because New York has water, and this portion of the country does not. Mr.
Marshall said he thought about this for awhile, and realized that the Great
Lakes are close to where his friend lives, and there is a tremendous amount of
water in that area, which is not true here. He said, though, a lot of
industry is coming to this part of the country, particularly to North
Carolina. He does not know where the water will come from to run these
places, and he does not know where the water will come from to serve the
people living in this community. When he was a young man living here, the
Moorman's River supplied all the water needed in the City of Charlottesville.
Now everybody knows what the Moorman's River is like, and something has to be
done, although he is unsure if some of these suggested methods are going to
work. He stated that the money is going to be a problem for historical
preservation because there are some people who simply cannot afford it. All
of this needs to be discussed in the Board's work sessions. He added that all
of these things are wonderful, and they are things that need to be done, but
it will take a lot of work to get to that point.
Mr. Martin asked if there was a motion to set a time for a work session
on this matter.
Mr. Tucker informed Board members that a work session could be scheduled
for February 3, 1999, which is a day meeting for the Board of Supervisors.
At this time, Ms. Thomas offered a motion, seconded by Mr. Bowerman, to
schedule another work session on the proposed Chapter Two of the Comprehensive
Plan, "The Natural Environment," for February 3, 1999. Roll was called, and
the motion carried by the following recorded vote:
000252
January 13, 1999 (Regular Night Meeting)
(Page 27)
AYES: Mr. Bowerman, Mr. Marshall, Mr. Martin, Mr. Perkins, and Ms. Thomas.
NAYS: None.
ABSENT: Ms. Humphris.
Mr. Martin reiterated that the Board members decided prior to this meeting
not to take a vote tonight, but to listen to the comments, and then have
another work session on February 3, 1999. He said a vot~ on the issue will
probably be taken at that time. He explained that it seems there is a great
deal of support for this amendment from Board members, but they need to work
out some of the details. He thanked the members of the public for coming and
for their comments.
Agenda Item No. 10. PUBLIC HEARING on an ordinance to amend and reenact
Chapter 3, Agricultural and Forestal Districts, of The Code of The County of
Albemarle, Virginia:
a) §3-209, Buck Mountain Agricultural/Forestal District, to
continue the District of approx 660.243 acs for 10 years. Loc on St Rts
664 & 671. White Hall Dist.
b) §3-228, Yellow Buck Mountain Agricultural/Forestal District,
to continue the District of approx 699.97 acs for 10 years. Loc near
intersec of 1-64 & Rt 250 W & along St Rts 637, 692, & 691. White Hall
& Samuel Miller Dists. (AdvertiSed in the Daily Progress on December
27, 1998 and January 3, 1999.)
Ms. Scala explained that the Buck Mountain and Yellow Mountain
Agricultural/Forestal Districts are both ten year districts which are up for
review. During the review period all the property owners in the district are
notified, and they are asked if they want to continue in the district. This
has been done.
Ms. Scala noted that the Buck Mountain A/F District was created in
January of 1989 for a ten year period and had one addition during this time.
The District contains 649.9 acres in eight parcels. At its meeting on
November 30, 1998, the A/F Advisory Committee unanimously recommended to
continue the district for ten years and further recommended that the Gibsons
be allowed to rejoin the district before the review goes to the Board of
Supervisors, if they so desire. The Gibsons have requested withdrawal. Ms.
Scala confirmed this by a telephone conversation, and they do not wish to
change their minds. She then called attention to a posted map of the district
with the Gibson property deleted from it. The staff recommends continuation
of the remainder of the district for a ten year time period.
Ms. Scala said the Yellow Mountain A/F District is also a ten year
district and was created in March of 1989. The District contains 704 acres in
17 parcels. There were two letters of support for continuing the District,
and they are attached to the staff's report. However, yesterday a letter was
received from the Studholmes requesting withdrawal. Their property is Tax Map
71, Parcel 22C, which is shown as deleted on the posted map. The A/F Advisory
Committee did not know about the Studholmes request when it met. The A/F
Advisory Committee recommended unanimously that the Yell6w Mountain A/F
District be continued for a ten year time period, and the staff recommends
continuation of the district for ten years and to allow the withdrawal as
requested.
Ms. Thomas asked if Ms. Scala knew the reasons for these withdrawals.
Ms. Scala replied that the Gibsons are older residents, and they are not
interested in tying up their property. She suggested to them that belonging
to the district could still be a benefit even if they chose to discontinue
farming. She suggested that the Gibsons could continue to take advantage of
the land use tax under the open space category if they belonged to an
agricultural/forestal district, which is a real benefit for older residents
who decide to discontinue farming. However, they chose not to belong. As far
as the Studholmes are concerned, Ms. Scala stated that they have children
entering college, and they want to make sure they have five development
rights. They are not interested in developing, but they wanted the ability to
do so until their children finish college. They are interested in rejoining
the district at some point. She then emphasized that three applications of
people who wish to join the Yellow Mountain District have been received.
January 13, 1999 (Regular Night Meeting)
(Page 28)
At this time, Mr. Martin opened the public hearing on an ordinance to
amend and reenact Chapter Three, Agricultural and Forestal DistriCts for the
Buck Mountain and Yellow Mountain Agricultural/Forestal Districts.
No one wished to speak, so Mr. Martin closed the public hearing.
Motion was then offered by Ms. Thomas, seconded by Mr. Perkins, to adopt
an Ordinance to amend and reordain Article 2, Districts of Statwide
Significance, of Chapter 3, Agricultural and Forestal Districts, of the Code
of the County of Albemarle, Virginia, to continue the Buck Mountain and Yellow
Mountain Agricultural/Foresal Districts for another ten years. Roll was
called and the motion carried by the following recorded vote:
AYES: Mr. Bowerman, Mr. Marshall, Mr. Martin, Ms. Thomas and Mr. Perkins.
NAYS: None.
ABSENT: Ms. Humphris.
(The adopted ordinance is set out below:)
ORDINANCE NO. 99-3 (1)
AN ORDINANCE TO AMEND AlqD REORDAIN ARTICLE 2, DISTRICTS OF STATEWIDE
SIGNIFICANCE, OF CHAPTER 3, AGRICULTURAL ~ FORESTAL DISTRICTS, OF THE CODE
OF THE COUNTY OF ALBEMARLE, VIRGINIA.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle,
Virginia, that Article 2, Districts of Statewide Significance, of Chapter 3,
Agricultural and Forestal Districts, of the Code of the County of Albemarle,
Virginia, is hereby amended and reordained by amending Section 3-209, Buck
Mountain Agricultural and Forestal District, and Section 3-228, Yellow
Mountain Agricultural and Forestal District, as follows:
Sec. 3-209 Buck Mountain Agricultural and Forestal District.
The district known as the "Buck Mountain Agricultural and Forestal
District" consists of the following described properties: Tax map 8, parcels
16A, 16C, 17E, 17F; tax map 17, parcels 26B, 26C, 31. This district, created
on January 4, 1989 for not more than 10 years, shall next be reviewed prior to
January 4, 2009.
(4-12-95; Code 1988, § 2.1-4(o); Ord. 98-A(1), 8-5-98; Ord. 99-3(1), 1-13-99)
Sec. 3-228 Yellow Mountain Agricultural and Forestal District.
The district known as the "Yellow M0untainAgricul~ural and Forestal
District" consists of the following described properties: Tax map 55, parcels
12B, 15, 16, 16B, 20A; tax map 70, parcels 15, 15A, 15D, 15E, 29, 37B, 37K,
37L; tax map 71, parcels 22, 22A, 22B. This district, created on March 8,
1989 for not more than 10 years, shall next be reviewed prior to March 8,
2009.
(Code 1988, § 2.1-4(p); Ord. 98-A(1), 8-5-98; Ord. 99-3(1), 1-13-99)
Agenda Item No. 11. Appointments.
Motion was offered by Ms. Thomas, seconded by Mr. Perkins, to make the
following appointments/reappointments:
appoint Mr. Stephen F. Ashby to the Single-Occupant Vehicle Alternatives
Committee, with said term to expire on January 12, 2001;
reappoint Mr. Sanford Wilcox, Ms. Gene E. Smith and Mr. Edward J. Jones
to the Jefferson Area Board on Aging Advisory Committee, with said terms to
expire on March 31, 2001.
Roll was called and the motion carried by the following recorded vote:
AYES: Mr. Bowerman, Mr. Marshall, Mr. Martin, Ms. Thomas and Mr. Perkins.
NAYS: None.
ABSENT: Ms. Humphris.
Ms. Thomas recalled that this year the Board of Supervisors made five
legislative requests, and one of those related to requesting legislation to
support statewide funding for a Purchase of Development Rights Program for
those localities that have established such a program. The Moss Commission
for the Environment, which is a bipartisan legislative commission, has worked
on this matter for eight or nine months with numerous organizations throughout
the state, and has made several recommendations which will further Albemarle
County's PDR Program. This Commission is different from the Moss Commission
for the Cities. She said Friday is the deadline for drafting legiSlati°n, and
even though some drafts have already been prepared, neither .patrons nor co-
patrons have been selected.
Ms. Thomas then made a motion that the staff write a letter as soon as
possible, over the signature of the Chairman of this Board, sUpPorting the
aspects of the Moss Commission's proposals that would further Albemarle
County's PDR Program. She would like for the letters to go out to the
legislators tomorrow, and she has also gotten some advice on others to whom
the letter should be sent. She added that Senator Emmett Hanger and Delegate
Creigh Deeds were the two co-chairmen of the subcommittee who developed these
recommendations, so they should get this letter, as well as all members of the
Moss Commission. This is very relevant to the County's goals for this
program. She mentioned that a proposal for $40,000,000 has been included in
these recommendations, so it is not a small matter.
Mr. Perkins said there seems to be plenty of money to be spent. Mr.
Martin and Ms. Thomas concurred. Ms. Thomas said if some of this money can be
spent on conservation of land, she does not know of anywhere any better to
receive it than Albemarle County.
Mr. Bowerman wondered if Ms. Thomas is suggesting that this Board draft
a resolution including all of the Commission's recommendations.
Ms. Thomas answered that some of the recommendations are more relevant
to Albemarle County than others. She mentioned that the proposal for the
$40,000,000 indicates that it will be provided for matching grants to local
governments for farmlands and open space programs. The importance of these
things to Albemarle County should be emphasized.
Mr. Bowerman suggeSted that the County can strongly support some of the
recommendations. However, he did not learn enough from the E-mail information
to know the pros and cons of each recommendation.
Ms. Thomas stated that she has learned more as the day has gone on, but
it is all very new. These recommendations were just made on Monday, so there
has not been time for anybody to learn very much about it.
Mr. Martin asked Ms. Thomas to restate her motion.
At this time, Ms. Thomas restated her motion to send a letter to the
proposed patrons and the County's local delegates supporting the
recommendations of the Moss Commission on theEnvironment emphasizing those
recommendations that are relevant to programs being proposed here in Albemarle
County.
Mr. Bowerman seconded the motion. Roll was called, and the motion
carried by the following recorded vote:
AYES: Mr. Bowerman, Mr. Marshall, Mr. Martin, Mr. Perkins and Ms. Thomas.
NAYS: None.
ABSENT: Ms. Humphris.
Mr. Davis announced that at the last Board of Supervisors meeting there
was some discussion about the implementation of cameras for traffic lights to
photograph license plates and take pictures of motorists who run red lights.
He examined the Code and determined that the County does not have enabling
legislation. There is special legislation authorizing this program for
certain localities in Northern Virginia, Virginia Beach and other places by
population. The legislation is set to expire on July 1, 2000 unless it is re-
enacted, so it will probably come to the General Assembly this year for re-
000,?.,54
January 13, 1999 (Regular Night Meeting)
(Page 29)
Agenda Item No. 12. Other Matters not Listed on the Agenda from the
BOARD.
Approved by Board
~Date _.~ ~i~
Initials ~
000255
January 13, 1999 (Regular Night Meeting)
(Page 30)
enactment. He commented that this may be an opportunity for Albemarle County
to be added to the legislation.
Mr. Bowerman inquired as to how such a request could be more formalized.
Mr. Davis answered that when this bill comes up for extension, Albemarle
County officials need to make sure the legislators are aware that they would
like for Albemarle County to be added to the bill. The best time for this is
when it is referred to committee. He stated that if the patron sponsoring the
extension of the bill could be contacted, Albemarle County officials could
request that the County be added from the beginning.
Mr. Bowerman asked if the County officials need to take this action this
year. Mr. Davis replied that the bill expires July 1, 2000,~so it could come
up for extension either this year or next. Mr. Bowerman said he thinks the
Supervisors should make the request this year.
Mr. Martin suggested'that a letter be sent to all the legislators about
this matter. Mr. Marshall stated that nothing will be lost if the request is
made early. Ms. Thomas commented that the legislators have indicated they
want to hear from the County officials about issues ahead of time, rather than
after votes are taken. This is an appropriate request to be made in advance.
Mr. Bowerman remarked that even if the bill won't be re-enacted for one
more year, Albemarle County could still be included in the re-enactment. If
Lrle County is denied this year, County officials can still reapply next
year, which would be better than doing nothing this year. Mr. Davis remarked
that it depends on how the program has been received and whether or not it is
successful as to whether or not the bill will be re-enacted.
Mr. Martin commented that if enough tickets are written, people will
stop running the red lights, even at Hydraulic and RiO Roads.
Agenda Item No. 13. Adjourn. At 10:00 p.m., with'no further business
to come before the Board, the meeting was adjourned.
Cha i rman