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1999-09-08September 8, 1999 (Regular Night Meeting) (Page 1) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on September 8, 1999, at 7:00 p.m., Room 241, County Office Building, McIntire Road, Charlottesville, Virginia. PRESENT: Mr. David P. Bowerman, Ms. Charlotte y. Humphris, Mr. Forrest R. Marshall, Jr., Mr. Charles S. Martin, Mr. Walter F. Perkins and Ms. Sally H. Thomas. ABSENT: None. OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., County Attorney, Larry W. Davis, 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. 5. Recognition of Citizen Accomplishments. Mr. Martin said he would like to begin with this item. Present tonight are Amanda Hommel, Kristi Snapp and Michaux Early. He asked them to come forward saying it is very important for the Board of Supervisors to recognize acts of outstanding service that benefit the community and which exemplify the highest standards of citizenship. He said that on Tuesday, July 6, a van driven by Charles Borchardt ran off the shoulder of Old Garth Road, struck a tree, rolled over and burst into flames. Amanda Hommel and Kristi Snapp witnessed the accident while they were driving by and stopped to give help. Michaux Early passed by the scene of the crash immediately afterwards and also stopped to assist. The three observed the van, with the driver still inside, burst into flames. After trying to smother the flames, they decided to pull the victim from the van to a safe area. Mr. Early, who is a Coast Guard rescue swimmer, examined the victim for injuries. The victim's pulse was weak and his breathing was shallow. As the flames from the van continued to grow and spread, the rescuers moved the victim a second time to make sure he was in a safe place. They stayed with the victim, applying pressure to his wounds with T-shirts, until police and fire/rescue personnel arrived. Emergency service workers who responded to the crash praised these three citizens for their quick and heroic actions and noted that the victim would certainly have perished in the fire had he not been rescued. The sad fact that the victim did eventually pass away from injuries suffered in the crash does nothing to downgrade the risk that these three people took, at the very real threat of harm to themselves, to save the life of a stranger. Mr. Martin said that as a member of the Board of Supervisors, and a citizen of Albemarle County, with sincere appreciation and admiration he salutes the efforts of Ms. Hommel, Ms. Snapp and Mr. Early. There is surely no better sign of a community's strength and well-being than the willingness of its citizens to step in and help each .other, despite the risks to them- selves. On behalf of Albemarle County government, he thanked each of these peopl? for their dedicated service. Lt. Courtney Craft presented certificates to each of these people on behalf of the Albemarle County Police Department. Agenda Item No. 4. Other Matters Not Listed on the Agenda. Mr. Paul Grady, 5676 Brownsville Road, was present to speak regarding the proposed Parkside Village development in Crozet. He said that over the several years that the DISC (Development Areas Initiative Steering Committee) has been in existence, they have held two design charrettes. He attended both of those meetings. The second charrette included four design groups which focused on the community of Crozet. In the presentations by all four design groups, at least part of the property in question was reserved for a new elementary school. It was believed that a school next to the Crozet Park would allow for the sharing of facilities, thereby, saving taxpayers money in September 8, 1999 (Regular Night M~ting) (Page 2) the long run. There was also included a new entrance road into Crozet to replace the dangerous segment that bisects the ConAgra Plant and ends at the intersection just north of the railroad bridge. The new road would leave the current Route 240 in the vicinity of the entrance to the Western Ridge development and intersect with the County's already planned western connector in a four-way intersection on the bridge directly over the CSX Railroad tracts. It would cut the property in question in half, skirt the southern edge of the Barnes Lumber Company property and intersect with Crozet Avenue where the cleaner's building is presently located, effectively separating business and residential areas. This new road is also needed because in the not too distance future the segment of Three Chopt'd Road in front of the shopping center will be needed for a new light rail station and a parking garage. The Barnes Lumber Company property across the railroad tracks would become a new town center with a police station, community facilities, and perhaps eventually, a new town hall. He said there is more at stake here than just one little subdivision. The whole orderly development of the Crozet community could be thwarted if this development goes forward as planned. Mr. Grady said he was in the Planning office yesterday when the devel- oper resubmitted a site plan for 48 units, the number they are allowed by right without a second entrance. That means the site plan only needs approval by the Planning Commission. The only way the Board can effect the outcome of this situation is to ask the Commission to deny approval, or postpone a decision. Even though the Board voted last week not to buy the property, Mr. Grady asked that the Board reconsider its position and think about buying just the southern half of the property for a new elementary school, while providing the developer access to the northern half from the end of Hilltop Street, and perhaps allowing a higher density for the remaining half of the property. The developer's agent told him yesterday that they are still willing to listen to any proposal the County might offer. He asked that the Board make them an offer they can't refuse, and as soon as possible. Mr. Grady said this report is to be released to the public next month so changes to the Comprehensive Plan are sure to follow. He said this is a perfect time to initiate some long-range planning for the Community of Crozet. Agenda Item No. 6. Consent Agenda. Motion was offered by Ms. Humphris, seconded by Mr. Bowerman, to approve Items 6.1 through 6.4 on the consent agenda, and to accept Item 6.5 for information. Roll was called, and the motion carried by the following recorded vote: AYES: NAYS: Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and Ms. Humphris. None. Item 6.1. Appropriation: Education, $2047.90 (Form #99022). It was noted in the staff's report that the Albemarle County Public Schools received an award from the ~Goals 2000: Educate America" grant in the amount of $1047.90. This funding is to be used for in-service training of staff and teachers in support of efforts to improve education in the School Division through provision of computers and related technology. The Virginia Department of Education designated $1000.00 to Albemarle County for assistive technology equipment. This money will be used to purchase adaptive equipment for students with disabilities. Staff recommends that the Board approve the appropriations as detailed on Appropriation Form #99022. By the recorded vote set out above, the Board adopted the following Resolution of Appropriation: APPROPRIATION REQUEST FISCAL YEAR: 1999-00 NUMBER: 99022 FUND: GRANT/SCHOOL PURPOSE OF APPROPRIATION: GRANT FUNDING September 8, 1999 (Regular Night M~ting) (Page 3) EXPENDITURE COST CENTER/CATE$ORY DESCRIPTION 1 3135 80605 580500 STAFF DEVELOPMENT 1 2112 61102 800701 ADP EQUIP/REPL TOTAL REVENUE 2 3135 24000 240324 2 2000 24000 240210 DESCRIPTION GOALS 2000 AWARD SP ED ASSIST EQUIP TOTAL AMOUNT $1,047.90 1,000.00 $2,047.90 AMOUNT $1,047.90 1,000.00 $2,047.90 Item 6.2. Water Supply Emergency Ordinance (deferred from September 1, 1999). Mr. Tucker said last week the Board deferred action on the ordinance because reservoir capacity was still at about 80 percent and rain was antici- pated. There was rain over the weekend and capacity now stands at 93 percent. Staff had discussed with the Board the possibility of adopting a resolution setting out a policy on water conservation restrictions rather than adopting an ordinance, in the event there was rain. The draft resolution was forwarded to the Board members along with the staff's report. He thinks it meets the Board's intent. It encourages citizens to continue to be mindful of the situation that occurred over the last several weeks and months in terms of the water supply. Mr. Bowerman asked if there have been discussions with the City in order to have regulations coordinated. Mr. Tucker said Mr. Bill Brent of the Albemarle County Service Authority had discussions with the City about the emergency ordinance, but that ordinance does not need to be adopted now. Ms. Thomas said there is no way of knowing what the groundwater situa- tion is. There was an article in the newspaper today saying that "after drenched days, drought a tough sell. Groundwater still low, officials say." This article was about Northern Virginia, not this area, but she believes this area is in the same situation. Mr. Tucker said it is different in every area. Some places got five inches of rain over the weekend. Ms. Thomas said groundwater tends not to be recharged by those kinds of rains. Mr. Bowerman said it takes nine months of normal rainfall to recharge. Ms. Thomas said the resolution last week asked everyone in the County to be mindful of water shortage. This resolution does not mention that, but it talks about time of water shortage. Mr. Tucker said this is a policy that would be in place until a full standing ordinance were adopted. Ms. Thomas referred to minutes of the Albemarle County Service Authority Board of Directors of July 15. Mr. Brent was quoted as saying irrigation is the largest culprit in placing demand on the system. She asked if this irrigation is just for the watering of lawns and gardens. Mr. Brent was present and said there has been rapid growth in residential lawn irrigation systems. There has been a dramatic increase in daily demand this Summer which has been attributed to those irrigation systems. Ms. Thomas said she was told that one percent of the water was being used for the irrigation systems which are separately metered. Mr. Brent said that was only for one development in the County. By the recorded vote set out above, the following Resolution was adopted setting out a policy for water conservation and restrictions: RESOLUTION DECLARING POLICY FOR WATER CONSERVATION Ab-D RESTRICTIONS W~EREAS, the Albemarle County Board of Supervisors recog- nizes that there are times when water levels in the reservoirs and groundwater resources which supply potable water to the County are significantly reduced due to periods of little rain- fall and high water demand; and WHEREAS, during the existence of such water shortages the protection of the health, safety and welfare of the residents of the County dictates that the County and its residents must conserve these essential water resources by implementing water conservation measures; and September 8, 1999 (Regular Night ~ting) (Page 4) W~EREAS, the Albemarle County Service Authority has re- quested that the County be prepared to adopt an Emergency Water Supply Ordinance to restrict water usage in the urban water supply areas of the County if water levels in the reservoirs supplying water to those areas fall below eighty percent of total capacity. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County, that during times of water shortages, the following actions shall be taken: 1. The use of water in the County shall be reduced or curtailed to the greatest extent possible to conserve water for those uses essential to the public health, safety and welfare. Conservation measures should be undertaken by all water users to conserve essential public water reservoir and groundwater re- sources. 2. The Rivanna Water and Sewer Authority shall provide the public with weekly updates on water supply and the Albemarle County Service Authority shall request its customers to volun- tarily conserve water whenever possible. The County shall publicize requests for all water users to conserve the use of both public water supplies and groundwater resources. 3. The citizens shall be advised that an Emergency Water Supply Ordinance will be adopted if and when water supply levels in the urban water supply reservoirs fall below eighty percent of capacity. The Emergency Ordinance will restrict and make unlawful certain uses of water during the period of emergency. Item 6.3. Draft letter to Mayor Virginia Daugherty, in response to Charlottesville City Council's action on the Meadow Creek Parkway. By the recorded vote set out above, the following letter was approved to be sent to City Council: "September 9, 1999 The Honorable Virginia Daugherty, Mayor City of Charlottesville P. O. Box 911 Charlottesville, Virginia 22902 RE: Meadow Creek Parkway Dear Virginia: At its meeting on September 1, 1999, the Albemarle County Board of Supervisors reviewed the five issues submitted by City Coun- cil regarding the proposed Meadow Creek Parkway. We are in general support of those issues identified by Council and offer a more definitive response below: 1. First, the Council is interested in revisiting the previous CATS and the regional network of roads. There has been consid- erable discussion about a 'eastern connector', a near eastern connector', and other additional roads, both north and south of the City, that would complete the regional network. The Council is not committed to any particular road, but is very interested in discussing the regional network and particularly interest¢~ in facilitating better means for traffic to move from ar~$ north of the City to Pantops and the eastern part of the County. Response - The County shares the City's interest in developing a better regional network of roads. The MPO will be updating the Charlottesville Area Transportation Study (CATS) next year. The MP0 has already started the process of gathering background data for this update. The MPO has also received Transportation Community and System Preservation Grant (TCSP) funding for the Eastern Planning Initiative. The grant included slightly over $500,000 to study issues related to growth and transportation in the eastern half of the Planning District, including roads north September 8, 1999 (Regular Nigh~ M~ting) (Page 5) and east of the City. The Planning District will be working over the coming months to establish an advisory committee and hire a consultant for this project. The County believes these two initiatives provide the best opportunity to address the City's interest. 2. Second, we wish to explore a further acquiring of addi~i©n~l parkland over and above the acreage necessary to replace land taken for the road. This parkland could be acquired between 9h~ 250 By-Pass and Rio Road, and perhaps all the way ~© thc Rivanna River. We think that considerable discussion sh@uld ©¢¢~r Qn this idea, and are willing to commit capital funds to the acqui- sition of land with the County to make this con~¢p~ a reality, Perhaps the City and County should consider j©intly ~pplying f@r Federal grants to supplement and enhance our local funding Qf any possible initiative. We are open ~Q ~ wide variety of approaches, including the notion of a parkland commission ~nd/©r a model similar to the Towe Park City/County arrangement. Response As you know, the County has taken a strong position for the preservation of parkland with this project and has recently adopted a resolution that has been forwarded to the City and VDOT supporting the acquisition of additional parkland adjacent to Phase I. While the northern end of Phase I as it comes into existing Rio Road is developable urban infill land as identified in the County's Land Use Plan, the County is inter- ested in working with the City to extend the greenway initia- tives in both our jurisdictions where feasible. North of Rio Road, Phase II of the parkway runs through more urban develop- ment land as identified in the Land Use Plan. The County envi- sions the parkway having pedestrian and biking facilities along its entire length and, if feasible, connecting these facilities to the greenway proposed along the Rivanna River. 3. Third, in its letter to VDOT, the City sta~$ th~ i~ may hire a technical consultant to monitor design and construction of the City portion of the Meadow Creek P~rkw~y, W~ think %h~t it might be useful for the City and the County to cooperate in the hiring of a consultant and setting forth ~ charge that includes design consultation for the County portion of the road, In that way, we would get some consistency of design and be better able to integrate the County and the City portion of the road. We do not wish to slow construction Qf th~ r@~d bU~ in- stead improve its d~$ign. Response The MPO has a Design Committee that has been working with VDOT and their design consultant over the past three years to assure objectives for the project as established by the City and County through the MPO are met. We believe the MPO is the proper venue to determine if there is a benefit to the MPO Design Committee having a separate design consultant. We be- lieve the MPO is the proper venue to determine if there is a benefit to the MPO Design Committee's having a separate design consultant and we encourage our MPO members to work toward whatever means will produce the best results. The hiring of a consultant at this time may extend the design process. 4. Fourth, the City has requested that VDOT give up any right that it may have to facilitate the construction ©f cellular towers in and alone the right-of-way for the Parkway. Given Albemarle's previous position on these matters, we thought it might be appropriate for us to join together in setting forth our concern about cell towers in the right-of-way, and to jointly seek agreement with VDOT on this issue. Response - The County is in full support of the City's proposal regarding cellular towers in the Meadow Creek Parkway right-of- way. As noted in the City's letter, the County has registered its general displeasure with VDOT's policy on cellular towers to State and Federal officials. 5. Fifth, we are concerned about how the County portion of 9he road integrates with the City portion, particularly at Melbourne September 8, 1999 (Regular Night Meeting) (Page 6) Road. It is in the intere$~ Qf ~Q~h the City and the County to h~v¢ $~f¢ pedestrian access across the road at that point. Consequently, we would ask that you join with us to approach VDOT about that critical intersection. Response - The County is in full support of the City's position regarding the parkway's intersection with Melbourne Road. The Meadow Creek Parkway Design Committee has been working to provide pedestrian access at this intersection. During open discussion, there was consensus that the County is supportive of a well-designed four-lane parkway, however, as you know, ultimate decision on whether a four-lane or a two-lane facility rests with the State's Commonwealth Transportation Board. Regardless of the number of lanes built, the Board of Supervisors endorsed the same design speed that is being proposed by the City on its portion of the parkway. Again, we appreciate City Council's interest in these issues related to the Meadow Creek Parkway and we are confident that our respective governing bodies will provide a safe, convenient and well-designed arterial for our citizenry. Should you have any questions concerning any of our responses to your queries, please do not hesitate to contact me." Item 6.4. Approve amended Earlysville Volunteer Fire Department Service Agreement for purchase of new fire engine. It was noted in the staff's report that this past week, the Jefferson Country Fire and Rescue Association (JCFRA) approved the allocation of $200,000 to the Earlysville Volunteer Fire Department for the purchase of a new engine. The engine is currently being assembled and is due for delivery in November, 1999. The first payment on the engine is due on September 16. Because the JCFRA meeting in August was canceled, this item was only recently approved by the Association. Action on the agreement with Earlysville is required prior to the issuance of a check for purchase of the engine. The agreement is identical to those approved by the Board in the past, with one exception. Because Earlysville Volunteer Fire Department's total County allocation is less than the amount required to make all debt payments, the agreement includes language that requires the fire department to pay the difference to the County on an annual basis. Because debt on previously purchased equipment will be paid off in three to four years, the payment to the County will only be required for that period of time. Earlysville supports the new language and staff recommends the Board's approval of the amended agreement. By the recorded vote set out above, the Board authorized the County Executive to execute the Earlysville Volunteer Fire Department Service Agreement, as set out in full below, on behalf of the County. SERVICE AGREEMENT THIS AGREEMENT, made this __ day of , 1999, by and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision, (the "County"), and the EARLYSVILLE VOLUNTEER FIRE COMPANY, INC., a Virginia Corporation, (the "Fire Company"). WHEREAS, the Fire Company agrees to continue to provide valuable fire protection services in Albemarle County in its delineated service area as set forth on the Response Area Maps located at the Emergency Operations Center ("Service Area"); and WHEREAS, the Fire Company desires the County to contribute Two Hundred Thousand Dollars ($200,000) for the purchase of fire apparatus necessary for providing fire services. NOW, THEREFORE, for and in consideration of the above stated premises, the County and Fire Company agree, as follows: 1. The County shall contribute to the Fire Company Two Hundred Thousand Dollars ($200,000) to be used for purchase of a September 8, 1999 (Regular Night Meeting) Page 7) fire pumper. The funds shall be allocated from the County's Fire Fund ("Fund") and shall be made available upon execution of this agreement. 2. The Fire Company agrees that the County will withhold Twenty-Five Thousand Dollars ($25,000.00) from the County's annual appropriation to the Fire Company's operating budget beginning July 1, 2000, and ending after a final withholding in July, 2007. Thus at the end of eight (8) years, which is the term of this Agreement, a total of $200,000 shall be withheld. This withholding may be used by the County to replenish the Fund for so long as the County, at its discretion, continues such Fund. This withholding is in addition to the withholding for all prior advances under prior service agreements with the Fire Company dated February 23, 1983, May 23, 1984, May 7, 1987, and February 3, 1993. The Fire Company agrees that any amount of this repayment which may exceed the County's annual appropriation will be remitted to the County no later than July 31st of each repayment year. 3. The Fire Company agrees that the Two Hundred Thousand Dollars ($200,000) contribution shall be used only for the purchase of the fire pumper to be used to provide fire services in Albemarle County. The Fire Company further agrees that it shall not convey the pumper or any interest therein to any party other than the County without the County's prior written consent during the useful life of the pumper or the term of this Service Agreement, whichever is longer. For purposes of this Agreement, the useful life of the pumper shall be fifteen years from the date the pumper is placed into service. In addition, the Fire Company agrees that any insurance proceeds received from a claim related to any damage to the pumper shall be used entirely for the immediate repair and improvement of the pumper unless the County expressly authorizes in writing a different use for such proceeds. 4. The Fire Company agrees that at such time as it no longer provides voluntary fire protection services in Albemarle County while operating under the jurisdiction of the County that it shall convey all of its interest in the vehicle described in paragraph 1 to the County at no additional cost to the County upon the County's request. 5. The County and Fire Company agree that the covenants set forth in their prior agreements dated May 7, 1987, September 14, 1988, March 22, 1993, and December 6, 1995, to the extent they are not in conflict with this Agreement, shall remain in full force and effect. 6. Nothing contained herein shall be construed to prevent additional appropriations by the County to the Fire Company, at the discretion of the County Board of Supervisors, to support, enhance, or augment the services to be provided by the Fire Company. Item 6.5. Copy of Planning Commission minutes for July 20, 1999, was received for information. Agenda Item No. 7. SP-99-35. McDonalds Drive-In (Signs #69 & ~70). Public Hearing on a request to allow drive-in window at the McDonald's in Shoppers' World Shopping Center in accord w/§ 25.2.2.4 of the Zoning Ordinance which allows for drive-in windows. TM 61, P 12, Sec lC contains 6.465 acs. Znd PD-SC & EC. (This property is located in a designated growth area.) Located on Seminole Trail (Rt 29) across from Fashion Square Mall. Rio Dist. (This public hearing was advertised in the Daily Progress on August 23 and August 30, 1999.) Mr. Cilimberg summarized the staff's report which is on file in the Clerk's Office and made a part of the permanent records of the Board of Supervisors. He said the applicant proposes to build a new 10,800 square foot retail building at the intersection of Route 29 and Dominion Drive. The September 8, 1999 (Regular Night Meeting) (Page 8) development site is internal to Shoppers' World. Also, the existing McDonald's will be demolished and a new one constructed with a drive-through window. No new access will be established. Access will occur at the existing entrance to the shopping center and that access will be improved. The main improvements will be the extension of the two, on-site inbound lanes to accommodate the dual left turns from Route 29 into the shopping center. The lanes will be extended further into the site without obstruction. Staff did not identify any factors which were unfavorable to this request. Staff found the proposed use of drive-through windows to be an acceptable and expected accessory to a restaurant of this type, and therefore, recommended approval with four conditions. Mr. Cilimberg said the Planning Commission, at its meeting on July 20, 1999, unanimously recommended approval of SP-99-35, subject to three conditions. The Commission did not recommend the fourth condition recommended by staff which was to extend the sidewalk from Route 29 North along the north side of Dominion Drive adjacent to this site and into the shopping center from Route 29 for pedestrian access to McDonald's. Mr. Bowerman said the Planning Commission minutes are confusing until one realizes this is just a special use permit for a drive-through window. Mr. Martin said it is actually an improvement to the right-hand turn. Ms. Thomas asked if VDOT's comments are taken care of by the conditions. Mr. Cilimberg said for the most part. Comments regarding sidewalks and lane widths will be addressed during the site plan process. Mr. Martin asked for the applicant to speak. Mr. Steve Blaine was present on behalf of the applicant. He said the applicant is in agreement with the conditions. A representative from McDonald's is present tonight, and the owner of Shopper's World Shopping Center is also present. At this time, the public hearing was opened. Ms. Joan Graves said she realizes that the whole property is not before the Board tonight. After 25 years, she would like to state her support for the proposal. It is as good as anything that has ever been proposed on this property. She hopes the owners and the County will work for the benefit of the adjacent property owner on Dominion Drive (Lot IA). They will lose a lot of the foliage which buffers their property. Mr. Bowerman asked if this proposal receives further site review by the Commission. Mr. Cilimberg said the proposal is actually in an area of critical slopes so a waiver is required for buffering in that area. The issue of the sidewalk came up because of its potential to take trees which provide some of the buffer now. Mr. Bowerman asked that Ms. Graves be notified of site plan meetings. Ms. Graves said she has seen the drawings and the building. She thinks it will be a nice building. She thanked this Board and previous boards for the time and consideration that have gone into this property. She thinks the end result will be a benefit to the Berkeley community. With no one else from the public rising to speak, the public hearing was closed. Mr. Bowerman said that at one time, there was a proposal before the Board that had a connection to Dominion Drive which would have given access from both Commonwealth and Dominion all the way through to Rio Road. Since Mr. McGowan has taken over management and control of the shopping center, there have been many improvements there, including this one, which does not include that access point. He thinks the changes made there are to the benefit of the community. He also thinks that SP-99-35 for McDonald's is appropriate and he moved its approval subject to the three conditions recommended by the Commission. The motion was seconded by Ms. Humphris. Roll was called, and the motion carried by the following recorded vote: AYES: NAYS: Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and Ms. Humphris. None. (Note: The conditions of approval are set out in full below:) September 8, 1999 (Regular Night Meeting) (Page 9) 2 o Issuance of a Certificate of Appropriateness from the Architectural Review Board; Applicant is responsible for installation and maintenance of control devices such as by-pass lanes, signage, and pavement markings as indicated on the site plan amendment and Extend the two inbound lanes beyond the McDonald's entrance as shown in preliminary site plan dated July 12, 1999. Agenda Item No. 8. SP-99-43. Arby's At Forest Lakes (Sign #60 Public Hearing on a request to establish a restaurant with one drive-through window (25.2.2.4) on 0.8 ac. Znd PD-SC & EC. TM 46B4, P 9. Located on E sd of Seminole Trail (Rt 29) at entrance of the Forest Lakes development. (This property is located in a designated growth area.) Rivanna Dist. (This public hearing was advertised in the Daily Progress on August 23 and August 30, 1999.) Mr. Cilimberg summarized the staff's report which is on file in the Clerk's Office and made a part of the permanent records of the Board of Supervisors. He said the applicant proposes to construct a restaurant of approximately 3200 square feet with one drive-through window. The property is located on the eastern side of Route 29 North (Seminole Trail) at the entrance to the Forest Lakes Development. The site is currently vacant and was graded with the construction of the Forest Lakes Shopping Center. The proposed entrance is off of a main travelway which runs through the shopping center. The proposal also allows for an internal connection with the vacant parcel to the north. Mr. Cilimberg said staff identified no factors which are unfavorable to this request and recommended approval with two conditions. The Planning Commission, at its meeting on July 27, 1999, unanimously recommended approval subject to the staff's recommended conditions. With no questions from Board members, Mr. Martin asked the applicant to speak first. Mr. Tom Slonaker was present to represent the owners. He said it is a fairly straightforward proposal. He hopes the permit will be approved. Ms. Thomas said there is another fast food restaurant in the vicinity that has received a lot of criticism from its neighbors because of the appearance of the outbuildings on the property. She asked if the rendering before the Board shows everything that will be built on the property. Mr. Slonaker said ~yes." The public hearing was opened. With no one from the public rising to speak,, the public hearing was closed and the matter placed before the Board. Mr. Martin said he has not heard any complaints. He thinks the Planning Commission did a good job of working out the details. Ms. Humphris noted Attachment F in the staff's report concerning a traffic impact study and asked Mr. Cilimberg to summarize its content. Mr. Cilimberg said the Arby's Restaurant site plan process requires that this impact study be made to determine whether the Timberwood Boulevard/Worth Crossing intersection, which is the entrance to Forest Lakes Shopping Center, needs a signal. The study is required to establish warrants. Mr. Marshall moved approval of SP-99-43 with the conditions recommended by the Planning Commission. Mr. Bowerman gave second to the motion. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and Ms. Humphris. None. Note: The conditions of approval are set out in full below:) September 8, 1999 (Regular Night Meeting) (Page 10) 1. 2. Drive-through windows will be limited to one (1); and Architectural Review Board issuance of a Certificate of Appropriateness. Agenda Item No. 9. SP-99-44. Riverbend Garden Apartments (Signs #47 & #68). Public Hearing on request to allow approx 130 rental apartments, club house, pool & assoc parking in accord w/Sec 23.2.2.9 of the Zoning Ord which allows for uses permitted in the R-15 district in compliance w/regulations set forth therein. TM 78, P! 7A (portion) & 15C-1, contains approx 36 acs. Znd C-1. Located on Riverbend Dr (Rt 1116) S of & adj to Pantops Shopping Ctr. Rivanna Dist. (This public hearing was advertised in the Daily Progress on August 23 and August 30, 1999.) Mr. Cilimberg summarized the staff's report which is on file in the Clerk's Office and made a part of the permanent records of the Board of Supervisors. He said the applicant proposes to construct approximately 130 rental apartments with recreation facilities behind the Pantops Shopping Center, adjacent to the Rivanna River. Across the River within the City of Charlottesville are residential neighborhoods to the south, and commercial uses to the west. The City has established a greenway on its side of the River. Staff is of the opinion that this proposal will not negatively impact surrounding uses or the general area. In fact, the proposed residential use is anticipated to be less intensive in nature than by-right commercial uses. Under the applicant's plan, development of the two apartment complexes, parking and recreational facilities will disturb and occupy a much smaller portion of the property than past commercial proposals would have. Although large, the two apartment complexes continue the residential character already established across the River in the City, providing a transition from that use to the more intensive shopping center use. The applicant's plan keeps disturbance out of the flood plain, while promoting river views for apartment dwellers, and blends well in terms of activity level with the residential development located across the River in the City. The applicant's plan would allow for greenway development, a goal of both the Land Use Plan and the Open Space Plan. His desire to improve the private road behind the shopping center may also benefit the traveling public. The high density of the proposed residential development also is a positive factor in this application. The primary impact discussed at the Commission, and in the staff's review, was the effect on the transportation system in the area. Installation of a signal at the intersection of Riverbend Drive and South Pantops Drive is planned for the Spring of 2000. To the extent that the applicant's proposal creates the need for additional instrumentation on those signals, the applicant should be responsible for those costs. Mr. Cilimberg said staff recommended approval subject to four conditions. The Planning Commission, at its meeting on July 27, 1999, unanimously recommended approval of SP-99-44 subject to the staff's conditions, but amended the wording in Conditions #1 and #2. Mr. Cilimberg then handed to the Board a copy of a letter dated August 27, 1999, from Mr. Steven W. Blaine, representing Metzger & Co., proposing some changes, which are not substantive, to further clarify Conditions #2 and #3. These proposed changes have been discussed at staff level with Mr. Davis and all agreed with the wording proposed by the applicant. Basically these conditions refer to the approval of intersection plans by VDOT as a contingency for site plan approval. Mr. Cilimberg said he would also note that during the Planning Commission's discussions, there was some question as to traffic counts and levels of service. The last counts were done in 1996 so they are not current. There is probably some additional traffic there now. At the time the counts were done for the various approaching roads to the intersection, the intersection itself was operating at an overall level of service ~C". Depending on the turning movements involved, the level of service was either a ~B" or a ~C". The signalization next year is intended to deal with maintaining an adequate level of service. It is stated in the CATS Plan, that a service level of nD" is sufficient at intersections. While there are some times during the day when traffic is backed up at the intersection, it is still thought to be operating at an adequate level of service which should be September 8, 1999 (Regular Night Meeting) (Page 11) better handled with the signalization. That actually is with traffic backing up at the Route 20/Riverbend Drive intersection. There are other apartments on Riverbend Drive that will contribute more traffic to the area. This particular project has an additional impact, although a fairly small impact, on that intersection and those streets. At this point, Mr. Martin asked the applicant for comments. Mr. Steve Blaine was present to represent the applicant. He said the staff's work has been most thorough for this application. There are also representatives from the applicant present. He said the useable area which is the subject of the special use permit is estimated to be about 4.7 acres. The project will take advantage of all the land in the sense of using the natural amenities and the area along the riverfront, and the future greenway. The useable land in terms of a building footprint is approximately 4.7 acres and then there is additional acreage in the area identified for potential development under existing zoning. This is an example of where the marketplace found the place for a mixed use. Mr. Bowerman asked if these will be middle income apartment units. Mr. Blaine said that is accurate. Mr. Martin said it was noted in the Planning Commission minutes that a person from the DISC said this development is planned along the lines of the charrette. Mr. Bowerman said there was no mention of the type of rental. He assumes that because of its location this development will not be low income housing. Mr. Blaine said that is correct. Mr. Martin then opened the public hearing. Ms. Kay Slaughter said she is an adjacent property owner in the City. She came to speak for her neighbors as well. They are very pleased with this project since the developer did come and seek them out and talked about the issues. They have also been pleased with staff work. They spoke to the Planning Commission, and also spoke in favor of bus service to Pantops. They think this is the kind of project that can benefit from bus service. They think this is the proper kind of development in the urban ring and it will be compatible and help other commercial areas. The River is the selling point for this project. It should be very popular. Ms. Slaughter said she hopes this will be the beginning of the City and County having appropriate development adjacent to the rivers and streams. With no one else from the public rising to speak, the public hearing was closed. Ms. Humphris said she spoke with Ms. Nancy Damon from the City Planning Commission today. Ms. Damon asked her to convey to the Board members their support of this project. Ms. Thomas then moved approval of SP-99-44 with the four conditions as recommended by the Planning Commission, and to also accept the amendments as requested by the applicant. Mr. Bowerman gave second to the motion. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and Ms. Humphris. NAYS: None. (Note: The conditions, as approved, are set out in full below:) Riverbend Garden Apartments shall be developed and operated in general accord with this Application for Special Use Permit (and attachment) dated May 17, 1999, and initialed "SET 6/17/99," herein included as Attachment C, and with the (reduced) Concept Plan dated July 26, 1999, and initialed "SET 7/27/99", herein included as Attachment B, not to exceed a total of 143 apartment units. The development of the Riverbend Garden Apartments does not prohibit the development of the area identified in the concept plan as "potential C-1 development," with September 8, 1999 (Regular Night Meeting) (Page 12) uses allowed as a matter of right or by special use permit through applicable zoning regulations; Site plan approval for this property shall be contingent upon VDOT approval of intersection plans, to include signalization, at the intersection of Riverbend Drive and South Pantops Drive; the applicant shall participate in costs associated with instrumentation needed for traffic management related to traffic impacts from the proposed apartments; The applicant shall meet all requirements set forth in the June 24, 1999, letter from VDOT (as may be modified, with VDOT's approval) related to intersection design at Riverbend Drive and South Pantops Drive only; A dedication of greenway shall be made along the edge of the Rivanna River from the shared boundary between Parcels 17A and 17Al (Route 250), and to the shared boundary of Parcels 15C1 and 17G4; this dedication shall be made at the time of site plan approval, based on agreement between the applicant and staff as to specific alignment. Mr. Martin asked Mr. Metzger if the development is still intended to be for the ~single, roommate concept." Mr. Metzger said they envision renting to primarily young, single people, and to that end it will be a two-bedroom unit, with a bedroom and bath on one side, and a bedroom and bath on the other side. In the middle is then the living room, kitchen, dining room area, which gives each person sort of a private suite. It is the ~room mate plan, or dual master plan." Agenda Item No. 10. Approval of Minutes: March 10(A), 1997, and April 21, 1999. Ms. Thomas said she had read the minutes for the TJ Venture meetings of May 1, May 8, May 15, May 22, May 28, June 26 and October 2, 1997, and had a couple of minor corrections she would give to staff. She then moved approval of these minutes. Ms. Humphris gave second to the motion. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and Ms. Humphris. NAYS[~ None. Agenda Item No. 11. Other Matters not Listed on the Agenda from the Board. Ms. Humphris noted that in the newspaper there was an article about another fine for killing wild turkey out of season. It was a $100 fine with a total cost of $290. Ms. Thomas said in response to Mr. Paul Grady who spoke to the Board at the beginning of the meeting, she would like an update on what the County is doing about roads in the Crozet community. Mr. Tucker said he is going to ask staff and VDOT representatives to get together and look at alternative funding and financing for the type of roadway requested. Then the owners of all that property will have to be contacted and given the the various alternatives. Staff needs to see if there is any willingness to reserve or dedicate the land necessary for the road. There is no final design on the actual roadway. That is something that will have to considered. Ms. Thomas said there is to be a meeting soon to discuss future water supply needs in the County and City. This was prompted by an Ad-Hoc group of citizens who wanted to have more public discussion before decisions are made about alternatives. They would like to have Mr. Martin and Ms. Daughtery chair the meeting to give it a more official status. The Rivanna Water and September 8, 1999 (Regular Night Meeting) (Page 13) Sewer Authority is putting the meeting together, and they did put a notice in the newspaper. Mr. Davis said the notice evidently says the Board and City Council are invited to attend the meeting, so there is some ambiguity as to whose meeting it is. Mr. Tucker said the meeting is being set up with all of the Board members on the dais, so he is sure the Board is to participate. Ms. Thomas said the Rivanna Authority is going to make a presentation and that is awkward when officials are on the dais. She said the goal of the Citizens Group is simply to engage the minds of the elected officials on the question of the water supply. Ms. Humphris said she understood that the Board would sit and listen to the presentation, and to the questions from the public just like everybody else, but not be a part of the meeting. She noted that before this meeting began tonight, she was interviewed by a reporter from the newspaper. He said that members of the development community are saying that all of this about the water supply is happening because there are several members of the Board who intend to use this as a vehicle to stop growth in the County. Mr. Marshall said that is not true, he supports Ms. Humphris 100 percent on the question of the water supply. Ms. Humphris said she tried to tell this reporter that everything being done is to get the facts of the situation and the Board understands that the facts involve not only where the water comes from, how much it costs, how much water there is in the groundwater supply, but it also relates to how many people there can be in the County in the future. Is the water supply going to limit the number of people that can be supplied with water? What will be done about groundwater and all of those things. Mr. Bowerman said pursuing that is clearly indicative of increasing the water supply. Mr. Martin said in terms of where that slant came from, he does not believe it is always intentional, but there have been a couple of times when slants have been put out which he believes are due to a lack of knowledge of what the Board has been doing. Ms. Thomas said the purpose of this meeting is to get more citizen input; it is not being done with an eye to this group representing any particular point of view. It was suggested that there be more public discussion before serious decisions are made. Mr. Marshall said he believes what the Board is doing will be of benefit to the developers. Mr. Martin suggested that he and Mayor Daughtery chair the meeting. Board will be going to the meeting with the idea that it will be an informational meeting for the Board members. The Ms. Thomas asked if the Board wanted any discussion of the Metropolitan Planning Organization (MPO) and the TIP. She said that she and Ms. Humphris are going to do what they have always done on the MPO with its yearly plan. Mr. Bowerman asked if all the Board members got a copy of a letter from the League of Women Voters concerning the Rivanna Greenway. Mr. Marshall said the State Board of Health has finished writing regulations for managed health care organizations. He is chairing a public hearing next Thursday, September 16, 1999, at 1:00 p.m. at the Lynchburg Municipal Library. He invited the Board members to attend. Mr. Bowerman invited the Board members to a meeting at 5:30 p.m. on September 16 at the Senior Center concerning the urban drainage area. Mr. Perkins asked staff to look at the parking on the Square in Crozet, either an overlay district or a zoning text amendment to address that parking problem. He said there is a problem with the merchants getting approval for parking for some new uses. There needs to be some way to circumvent County standards. Some businesses have no parking spaces of their own, but there is Approved by ~he September 8, 1999 (Regular Night Meeting) (Page 14) plenty of parking there. However, he went on Monday to the location of the new Post Office where Windham and the bank are located, and that parking lot was full. He wondered where all of those people were since there is not a lot of business at that location. He thinks the County should look at a ~Park and Ride" lot for Crozet. He suggested that a good location might be the parking lot at the Brownsville/Henley schools. There are a lot of people who live in Crozet who work at the University of Virginia. He said the University might have a bus they could send out early in the morning when people come to work. Coupled with the new traffic study on Route 250 West, that could contribute to a traffic reduction on Route 250. He did not know how to get the University involved. Mr. Martin suggested adding a discussion to the next agenda for the next PACC meeting. Ms. Thomas agreed. Mr. Tucker said JAUNT did an analysis on ~Park and Ride". Mr. Marshall said in order to get in touch with him in the future, he will have to be contacted at home. He closed his office today, and has moved everything to his home basement. Mr. Perkins asked Mr. Tucker for a cost estimate of all the things Mr. Grady proposed at the beginning of the meeting. Agenda Item No. 12. Adjourn. With no further business to come before the Board, the meeting was adjourned at 8:08 p.m.