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1999-04-21April 21, 1999 (Regular Day Meeting) OOO121 (Page 1) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on April 21, 1999, at 7:00 p.m., Room 241, County Office Building, Mclntire Road, Charlottesville, Virginia. PRESENT: Mr. David P. Bowerman; Ms. Charlotte Y. Humphris; Mr. Charles S. Martin; Mr. Walter F. Perkins; and Ms. Sally H. Thomas. ABSENT: Mr. Forrest R. Marshall, Jr. OFFICERS PRESENT: County Executive, Mr. Robert W. Tucker, Jr.; County Attorney, Mr. Larry W. Davis; and Chief of Community Development, Mr. David Benish. Agenda Item No. 1. The meeting was called to order at 7:02 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. Ms. Kay Slaughter, representing the Southern Environmental Law Center, spoke against the "big box" project proposed by Brass, Inc., for the Fifth Street area. She noted that the County's Fiscal Impact Planner has been studying the project, and she asked that the project's impact on economics and traffic be examined. She suggested the proposed project would shift shopping from one area to another, increasing the potential for abandoned shopping areas and encouraging more "big box" development replacing small, locally-owned businesses that are the backbone of the community. She said the City and County should look at the traffic implications at Fifth Street, because she believed traffic will grow three- fold in that location, but would not reduce Route 29 traffic. Mr. Kevin Cox spoke in support of the project, saying that he has collecting 750 signatures thusfar from area residents who want the development. He said the City's request for a comprehensive Study is a political ploy to prolong a decision until someone is elected to the Board of Supervisors who will oppose the project. Agenda Item No. 5. Consent Agenda. Ms. Thomas offered the motion, seconded by Ms. Humphris, to approve items 5.1 through 5.5, and to accept the remaining items for information. Roll was called and the motion passed by the following recorded vote: AYES: NAYS: ABSENT: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, and Ms. Humphris. None. Mr. Marshall. Agenda Item No. 5.1. Amendment of the jurisdictional areas of the Albemarle County Service Authority for water and sewer service to proposed Phase liB (SDP-99-088), Fontana Subdivision, Tax Map 78, Parcel 57 (part of) -.Nichols Accountancy Corp. The executive summary states that a public hearing was held April 1, 1998, to consider a request by Hurt Investment Company (previous owner) for water and sewer service to 119 acres located on Tax Map 78 Parcel 57 (portion). The subject property is part of Fontana Subdivision, which received preliminary plat approval on December 19, 1997, which in turn was part of the original "Luxor" parcel. It is located on the east side of Route 20 North, north of the Wilton Subdivision and Garnett Treatment Center, within a designated Development Area (Neighborhood 3). Phase liB consists of 16 lots (comprising a total of 5.587 acres) located on the north and south sides of Fontana Court and along Capri Way, in Fontana Subdivision. Amendment of the jurisdictional area boundary is required before final subdivision approval can be granted. At its April meeting, the Board approved an amendment of the service area boundaries for water and sewer service to Fontana Subdivision, as recommended by staff, provided that a note be included on all plats indicating that no public water will be provided on those lots above the 600-foot elevation, which serves as the Development Area boundary. Two of the subdivision's lots along the eastern edge of the property straddle the Development Area boundary, and have both RA and R-4 zoning. Consistency with County policy permits extension of service only to that portion of these lots lying within the Development Area. Phase liB is located entirely within the Development Area, in the portion of the property zoned R-4, below the 600-foot contour. Extension of water and sewer service has been approved to Fontana Recreation Center, located south and west of these lots. April 21, 1999 (Regular Day Meeting) (Page 2) 000:L£2 It is anticipated that requests similar to this one will be submitted for future phases of the subdivision. This request is consistent with the Board's April 1, 1999 action approving amendment to the Jurisdictional Area boundaries for the Fontana Subdivision. With the Board's concurrence, staff will amend the Jurisdictional Area map to allow provision of water and sewer service to Phase liB, and require that notes be included on the final plat limiting service to building sites within the designated Development Area. By the above shown vote, the Board approved amending the Jurisdictional Area map to allow provision of water and sewer service to Phase liB for the Fontana Subdivision, and require that notes be included on the final plat limiting service to building sites within the designated Development Area. Agenda Item No. 5.2. Adopt Resolution Authorizing the Issuance of up to $1,200,000 in Revenue bonds by the Industrial Development Authority for Tandem Friends School. (Note: agenda items number 5.2 and 5.3 were addressed under the same executive summary.) The executive summary stated that on April 12, 1999, the Albemarle County Industrial Development Authority (IDA) held public hearings on two revenue bond issuances. The first was for Tandem Friends School's request for revenue bonds in an amount not to exceed $1,200,000 to assist the School in financing the acquisition, construction, and equipping of an addition consisting of a two-story brick classroom building. The second request was for Martha Jefferson Hospital for revenue bonds in an amount not to exceed 47,000,000 to assist the hospital in financing the replacement and installation of certain equipment. The IDA and staff recommend approval of the resolutions which effectuate the revenue bond requests. By the above shown vote, the Board adopted the following resolution authorizing the issuance of up to $1,200,000 in revenue bonds by the Industrial DevelOpment Authority for Tandem Friends School: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA WHEREAS, the Industrial Development Authority of Albemarle County, Virginia ("Authority"), has considered the application of Tandem Friends School ("School") requesting the issuance of the Authority's revenue bonds in an amount not to exceed $1,200,000 ("Bonds") to assist the School in financing the acquisition, construction and equipping of an addition consisting of a two story brick classroom building with five classrooms and three science labs for chemistry, biology and physics consisting of approximately 13,000 square feet ("Project") to be located at 279 Tandem Lane, off of Mill Creek Parkway, across from Monticello High School, in the County of Albemarle, Virginia, and has held a public hearing on April 12, 1999; WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; WHEREAS, the Authority issues its bonds on behalf of the County of Albemarle, Virginia ("County"); the Project is to be located in the County and the Board of Supervisors of the COunty of Albemarle, Virginia ("Board") constitutes the highest elected governmental unit of the County; WHEREAS, the Authority has recommended that the Board approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: 1. The Board approves the issuance of the Bonds by the Authority for the benefit of the School, as required by Section 147(0 of the Code and Section 15.2-4906 of the Code of Virginia of 1950, as amended ("Virginia Code") to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the School. 3. Pursuant to the limitations contained in Temporary Income Tax Regulations Section 5f. 103- 2(f)(1), this resolution shall remain in effect for a period of one .year from the date of its adoption. April 21, 1999 (Regular Day Meeting) (Page 3) 4. This resolution shall take effect immediately upon its adoption. Agenda Item No. 5.3. Adopt Resolution Authorizing the Issuance of up to $7,000,000 in Revenue bonds by the Industrial Development Authority for Martha Jefferson HosPital. By the above shown vote, the Board adopted the following resolution authorizing up to $7,000,000 in Revenue bonds by the Industrial Development Authority for Martha Jefferson Hospital: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA WHEREAS, the Industrial Development Authority of Albemarle County, Virginia ("Authority"), has considered the application of Martha Jefferson Hospital ("Hospital") requesting the issuance of the Authority's revenue bonds in an amount not to exceed $7,000,000 ("Bonds") to assist the Hospital in financing the replacement and installation of certain equipment, including, but not limited to, magnetic resonance imaging, CAT scanner and other radiographic equipment and other clinical equipment and computer hardware ("Project") to be used by the Hospital at its existing facilities located at 459 Locust Avenue in the City of Charlottesville, Virginia, and has held a public heating on April 12, 1999; WHEREAS, Section 147(0 of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; WHEREAS, the Authority issues its bonds on behalf of the County of Albemarle, Virginia ("County"); and the County of Albemarle, Virginia ("Board") constitutes the highest elected governmental unit of the County; WHEREAS, the Authority has recommended that the Board approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: 1. The Board approves the issuance of the Bonds by the Authority for the benefit of the Hospital, as required by Section 147(0 of the Code and Section 15.2-4906 of the Code of Virginia of 1950, as amended ("Virginia Code"). 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Hospital. 3. Pursuant to the limitations contained in Temporary Income Tax Regulations Section 5f. 103- 2(0(1), this resolution shall remain in effect for a period of one year from the date of its adoption. 4. This resolution shall take effect immediately upon its adoption. Agenda Item No. 5.4. Adopt Proclamation recognizing May 9 through May 15, 1999 as Small Business Week. By the above shown vote, the board adopted the following Proclamation recognizing May 9 through May 15, 1999 as Small Business Week: SMALL BUSINESS WEEK WHEREAS, small businesses, defined as companies having fewer than 50 employees, create over 95 percent of our private sector jobs; and WHEREAS, small businesses provide a significant portion of the real and personal property tax revenues for our region and a substantial amount of the goods and services our local citizens enjoy; and WHEREAS, a week in May is traditionally designated as National Small Business Week; NOW, THEREFORE, I, Charles S. Martin, Chairman, on behalf of the Albemarle Board of County Supervisors, do hereby recognize the week of April 21, 1999 (Regular Day Meeting) (Page 4) 000:1.24 May 9 through May 15, 1999, as SMALL BUSINESS WEEK and extend our sincere appreciation for the many exemplary small business employers who strive to build a better community and who work to ensure the economic growth and stability of the region. Agenda Item No. 5.5. Adopt Proclamation recognizing May 9 through May 15, 1999 as National Historic Preservation Week. By the above shown vote, the Board adopted the following Proclamation declaring may 9 through May 15, 1999, as National Historic Preservation Week: NATIONAL HISTORIC PRESERVATION WEEK WHEREAS, the richness of Virginia's history is unparalleled across this vast nation; and WHEREAS, historic buildings and places connect us with that history, providing unique character to Virginia's communities that enhances quality of life, economic development, education, and tourism; and WHEREAS, historic preservation, because it helps instill a sense of community, is relevant for Albemarle residents of all ages, all walks of life, and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals who preserve the tangible aspects of the heritage that shape us as citizens of Virginia and Albemarle County; and WHEREAS, "Protecting the Irreplaceable" is the theme for National Historic Preservation Week 1999, cosponsored by the Commonwealth of Virginia and the National Trust for Historic Preservation; NOW, THEREFORE, I, Charles S. Martin, Chairman, on behalf of the Albemarle Board of County Supervisors, do hereby proclaim MAY 9 through May 15, 1999, as PRESERVATION WEEK and call upon the people of Albemarle County to join their fellow citizens across the Commonwealth in recognizing and participating in this special observance. Agenda Item No. 5.6. Copy of letter dated April 12, 1999, to Mr. Frank Buck, from Ms. Amelia G. McCulley, Zoning Administrator, re: Official Determination of Number of Parcels - Tax Map 57, Parcel 61 (East) and Parcel 61 (West), was received for information. Agenda Item No. 5.7. 1998 Annual Report of the Board of Zoning Appeals, was received for information. Agenda Item No. 5.8. received for information. Agenda Item No. 5.9. was received for information. Draft Rivanna Water and Sewer Authority Water Supply Project, was Copies of Planning Commission minutes for March 30 and April 6, 1999, Agenda Item No. 6. Woodbrook Crossing Executive Suites (sign #46). Public hearing on a request to rezone .204 acs from R-6 to C-1 to allow professional office usage. Property located between Rt. 659 (Woodburn Rd) & Rt 1403 (Berkmar Dr), adj to intersec of Berkmar Dr & Woodbrook Dr. TM45P90. Rio dist. (The Comprehensive Plan designates this property as Transitional in Neighborhood One.) (Advertised in the Daily Progress on April 5 and 12, 1999.) Mr. Benish summarized the staff report, which is on file in the Clerk's office and a permanent part of the record. Staff recommended approval of the request with proffers. The Planning Commission, at its April 21, 1999 (Regular Day Meeting) (Page 5) 000i25 meeting on March 23, 1999, unanimously recommended approval of the application subject to acceptance of the applicant's proffers dated March 16, 1999, signed by Mr. Arthur Valente. Mr. Benish said the proffers were signed earlier that day, but they may not be acceptable. Mr. Davis said the owners of the property said the proffers are conditional on the sale of property. Mr. Benish said the purpose of the proffers is to make the zoning consistent with the intent of the Comprehensive Plan for Transitional Designation specific to certain uses. This parcel is not reasonably developable on its own, and access will be cut off with the development of the Route 29 bypass. Access is provided at the west end of the property. Mr. Benish said he thinks VDOT is in process of acquiring part of the six acres. Mr. Valente, representing the applicant, said the applicant needs to develop the land, and does not want to tie up the land with proffers, if the rezoning does not go through. When the rezoning is approved, the current owner will deed over the property. Mr. Bowerman said the Board does not tie zoning to private contracts. He suggested deferring this item to the May 5, 1999 consent agenda to provide Mr. Davis time to work out an acceptable proffer with the applicant. Mr. Valente said the proffer is exactly as was designated by staff. VDOT has already taken 1.75 acres, and one owner has moved out; this leaves four acres to be served by this access. Mr. Martin then opened the public hearing. With no one rising to speak, Mr. Martin closed the public hearing. Mr. Bowerman said he spoke with Ms. Susan Thomas, of the Planning staff, today, who approves of the request, but has a problem with the wording of the letter sent by the applicant. Mr. Bowerman then made the motion, seconded by Ms. Humphris, to defer ZMA-98-26 to the May 5, 1999 consent agenda. Roll was called and the motion passed by the following recorded vote: AYES: NAYS: ABSENT: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, and Ms. Humphris. None. Mr. Marshall. Agenda Item No. 7. SP-99-01. The Import Car Store (Sign #77). Public hearing on a request to establish automobile dealerships within designated Entrance Corridor [30.6.3.2] located on 9.73 ac. Znd HC & EC. Property located on E sd of Rt 29N (Seminole Trail), in a portion of the former Federal Express building. TM45B1, Sec06, P1B. Rio dist. (This site is recommended for Community Service use in Urban Neighborhood 2.) (Advertised in the Daily Progress on April 5 and 12, 1999.) Mr. Benish summarized the staff report, which is on file in the Clerk's office and a permanent part of the record. Staff recommended approval of the proposed outdoor storage and display of automobiles with conditions. The Planning Commission, at its meeting on March 23, 1999, unanimously recommended approval of the petition subject to the conditions provided by staff. The applicant, Mr. George Seamore, was present; but made no comments. Mr. Martin opened the public hearing. With no one rising to speak, Mr. Martin closed the public hearing. Mr. Bowerman said the request is consistent with the Comprehensive Plan. Mr. Bowerman then made the motion, seconded by Ms. Humphris, to approve SP-99-01 subject to the four conditions recommended by the Planning Commission. Roll was called and the motion passed by the following recorded vote: AYES: NAYS: ABSENT: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, and Ms. Humphris. None. Mr. Marshall. Conditions are as follow: The total number of outdoor storage and display parking spaces shall be limited to fifteen (15); Architectural Review Board (ARB) issuance of a Certificate of Appropriateness, which includes: a. Vehicles for display shall not be elevated; b. Vehicles shall be displayed only in areas shown on the site plan; c. All landscaping required on previously approved site plans shall be installed on site; No additional outdoor lighting shall be installed without the approval of the ARB; and No outdoor amplifiers or loud speakers shall be installed. Agenda Item No. 8. SP-99-05. St. John's Baptist Church (Sign #93). Public hearing on a request to allow an addition to existing church, on 3 acs, in accord wi§ 10.2.2.35 of the zoning Ordinance which April 21, 1999 (Regular Day Meeting) (Page 6) allows for church bldg & adjunct cemetery. Property located on Rt 640 (St John Rd), approx 0.5 mis from the intersec on Rt 231 (Gordonsville Rd). TM6,P78. Znd RA. Rivanna Dist. (This property is not located in a designated growth area.) (Advertised in the Daily Progress on April 5 and 12, 1999.) Mr. Benish summarized the staff report, which is on file in the Clerk's office and a permanent part of the record. Staff recommended approval of the special use permit for the Phase I addition to the dining hall with conditions. The Planning Commission, at its meeting on April 6, 1999, unanimously recom- mended approval of Phase I of the construction. The Commission deferred action indefinitely on Phase II of the construction, stating that a more informed decision could be made on Phase II after information is garnered regarding parking lot and entrance needs. Mr. Benish said the applicant no longer wishes to add a restroom. Mr. Davis said the Board cannot split an application as recommended by the Planning Commission. However, acting on Phase I only would allow the Phase II application to be treated as a minor amendment to the special use permit, so the fee would be reduced. This would save the applicants money, since they could apply for an amended special use permit. The site plan will be provided with the special use permit. Mr. Benish said staff needs to be sure the scale is correct for the site. Mr. Keith Hawkins, on behalf of the church, said he has discussed Phase II with Ms. Mary Joy Scala. The church can only serve 32 people in the dining hall now. There are contractors in place for Phase I, and the church will work with the County on Phase II. Ms. Thomas said churches often do not know they need to get a special use permit. Mr. Martin then opened the public hearing. With no one rising to speak, Mr. Martin closed the public hearing. Ms. Humphris moved approval of SP-99-05, Phase I, subject to the three conditions recom- mended by the Planning Commission. The motion was seconded by Ms. Thomas. Roll was called and the motion passed by the following recorded vote: AYES: NAYS: ABSENT: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, and Ms. Humphris. None. Mr. Marshall. Conditions are as follow: Phase I of this special use permit is for an approximately 516-square-foot addition only to add a bathroom and to enlarge the dining hall and pastor's study for the existing congre- gation; Health Department approval; and Day care use and other non-church activities shall be prohibited unless approved through a special use permit amendment. (At this time, Mr. Martin recognized students from Mr. Jason Beech's Western Albemarle High School Senior Government class, who were visiting the Board meeting. Ms. Thomas mentioned that she had met the students at Women's Day at Piedmont Virginia Community College.) Agenda Item No. 9. Discussion: Rivanna Solid Waste Authority (RSWA) Contract. Mr. Tucker said the Board previously discussed the contract approved by RSWA. Mr. Art Petrini, Executive Director of RSWA, provided handouts (on file in the Clerk's office and a permanent part of the record). The Board had previously been provided a copy of a report on the Water Supply Project (also on file in the Clerk's office and a permanent part of the record.) Mr. Petrini said that over the past year, the Ivy Transfer Station functioned as anticipated. Tonnage is sent to Zion Crossroads, and has dropped from between 70 and 80 tons down to 40 tons. Data from last month was not included, so the information had not yet been verified. He said a mini- transfer station is defined by design figure. Nelson County and Greene County define a mini-transfer station as one which handles 130 tons per day; Madison County defines it as one which handles 250 tons per day. Even at 100 tons per day, the County is still on the far left end of the chart, and is the smallest transfer station in place. Mr. Petrini said he reviewed the information that was presented to City Council and the Board in 1996. A consultant presented five options, resulting in six recommendations to the RSWA: 1) negotiate with the University to have its waste designated to Authority facilities; 2) expand diversion of MSW to disposal; 3) find more options and greater private industry partnership with the Authority; 4) fast-track options to close the landfill sooner; and 5) improve service to the western part of the County. He said the transfer station has met all recommendations except number five. One hauler said Zion Crossroads is too far away, and that they need to have the Ivy Transfer Station in the western part of the County. That could have been misconstrued to mean the station would be used only by western haulers, but it is meant to April 21, 1999 (Regular Day Meeting) (Page 7) 000 . 7 serve everyone. He said some people say the University should not be using the transfer station. However, he said this is a business and it is operated under public constraints. Mr. Bowerman asked Mr. Petrini what the tonnage was at the BFI transfer station. Mr. Benish replied, "350 tons per day." Mr. Petrini said the majority Izas..been c~nvc,"tcd tc CDD. Mr. Perkins said he was concerned about the small haulers who could not make it to Zion Crossroads, or who preferred to drive to Ivy. Mr. Bowerman said the Board has been looking for a way to accommodate small haulers. Mr. Petrini said the percentage of small to larger haulers using the facility is 100 to 1. Ms. Thomas said the plan was to keep the Ivy Transfer station small. It is convenient to persons dropping off their own trash and to commercial haulers. The price was going to be higher in Ivy ($40) than at Zion Crossroads ($35). Mr. Petrini said tonnage was going down in Ivy the past three years, so he thought the pricing system was working. The University, under a new contract with Waste Management, does not pay a tipping fee. Ms. Thomas asked if this was an open-ended contract so that Waste Management can add other trash to the mix. Mr. Petrini said the contract does not limit the amount of waste that can be brought in. BFI can also buy out any local hauler. RWSA needs to adjust as market conditions change, in order to remain independent of tax support. Ms. Thomas said Waste Management has landfills in Sussux and Waverly. The waste from Ivy is compacted and taken to one of those landfills. Mr. Bowerman said Time Management is now going to Zion Crossroads. Ms. Thomas said neighbors are concerned about large truck traffic. When the new contract with Waste Management was signed, it included a new compactor and trucks hauling away trash, so traffic will be the same. She is concerned that getting into an open-ended contract with Waste Management might mean getting a great deal more waste. Mr. Petrini said the contract can always be renegotiated, if necessary. Mr. Bowerman said haulers other than BFI or Waste Management can be going to either place. They would not be paying a tip fee, so the County stands to lose money. Mr. Petrini said RSWA receives a higher amount of money for non-University waste and receives financial and environmental benefits. There is also a rebate making it more expensive for Waste Management to use Ivy. Mr. Tucker said the decision was made due to expenses. RSWA wants to remain an independent authority. Mr. Petrini said three expenses were not anticipated previously: 1) a lawsuit, 2) increased environmental analysis, and 3) a compactor. The money does not go to operations. Mr. Bowerman said it seems there is a disincentive to increase trash in Ivy, since it costs more. People being bought by BFI, and who currently go to Ivy, would decrease the traffic in that location, so there are self-limiting factors in the decision-making process. He said this speaks to stable or declining activity at the landfill. Agenda Item No. 10. Approval of Minutes: March 13, 1996. Mr. Martin said he had read the minutes of March 13, 1996, and found them to be in order. Mr. Bowerman moved to approve the minutes. Ms. Humphris seconded the motion. Roll was called and the motion passed by the following recorded vote: AYES: NAYS: ABSENT: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, and Ms. Humphris. None. Mr. Marshall. Agenda Item No. 11. Other Matters not Listed on the Agenda from the Board. Mr. Tucker said over the past several months several churches have requested permission to add additions to their facilities. He has talked to staff about providing relief to churches who request small additions in order to exempt them from the special use permit process. The reason the process is required is because the County had a problem with one church in the rural areas in the mid-1980's. He suggested making a distinction between small applications and larger ones. Mr. Bowerman said when the 1980's incident occurred, the Commission had no ability to remediate detriment to the reservoir because the application was by-right. The intention was never to hamper churches. He suggested requiring a special use permit under certain circumstances. It was the consensus of the Board to have staff examine the issue. Mr. Davis said the tricky part is if a church is a non-conforming use. He suggested the County could create a new classification to address the matter relating to the size of the expansion and the zoning district. Ms. Thomas said staff needed to better inform churches, but found there was no easy way to contact all churches. Ms. Humphris said this does not apply only to churches; many people are unaware Ap (P~ of l tha ey( the del Ho ~ he tal~ wrc the Uni ex¢ UR the hal: ~ imp i rep situ beg WO[ pad Approved by Board 21, 1999 (Regular Day Meeting) 00{}t2~ 8) ~rocedures. Mr. Bowerman noted that churches can impact residential areas, so there are some areas need to be differentiated. Mr. Perkins said "Cafb No Problem" at the intersection of Routes 250 and 240 near Crozet is an 'esore. Mr. Tucker said the site may have become a hazard if the structure is unsafe. Mr. Davis said building has been brought to the Zoning Administrator's attention before, but it was hard to make a determination that it is a hazard. A site plan approved over a year ago has a five-year validity period. Hopefully someone will buy and develop the property. Mr. Tucker said staff will contact the owner to see if is willing to clean up the site. Ms. Thomas said she attended a water forum the previous evening. She was asked about the ar Hollow situation, and said staff needs to get information out to the public. Mr. Tucker said he would with the Rivanna Water and Sewer Authority. Ms. Humphris said, regarding the forum, that a headline in the Daily Progress that morning was because it stated there is an abundance, not a shortage, of water. Mr. Bowerman noted that a fence has been installed behind the Rock Store. He will follow up on project to see what should be done next. Agenda Item No. 12. Adjourn to Route 606 at 8:22 p.m. At 8:30 p.m., the Board adjourned to Route 606 to view the lighting in the parking lot of the University of Virginia Real Estate Foundation's (UREF) PRA building. All the Board members attended, )t Mr. Marshall. At 9:00 p.m., the Board reconvened in the parking lot of the UREF's PRA building, along with representatives and adjoining residents. Mr. Bruce Stouffer, of UREF, presented an overview of lighting plan for the PRA building and the adjoining parking area. He indicated that UREF was not with the results of their lighting plan as it exists, and they are working with their consultants to )rove and alter the lighting of the parking area. Suggestions were offered by neighbors, and the UREF )resentatives indicated they would consider those suggestions as they work to resolve this matter. Everyone then walked a short distance from the parking area to Route 606 to view the lighting situation from that loCation. It was agreed that additional evergreen plantings along the top of the berm between the parking area, Route 606, and the residential area would help to minimize the "glow" of the from the parking area, as well as from the building itself. UREF representatives indicated they keep the Board updated on their progress in resolving problems with the lighting fixtures in this area, since they intend to use similar lighting throughout the North Fork Research Park Develop- With no further business, the meeting was adjourned at approximately 9:50 p.m.