1996-08-14August 14, 1996 (Regular Night Meeting)
(Page 1)
000040
A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on August 14, 1996, at 7:00 P.M., Room 241, County Office
Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Mr. David P. Bowerman, Mrs. Charlotte Y. Humphris, Mr. Forrest
R. Marshall, Jr., Mr. Charles S. Martin, Mr. Walter F. Perkins (arrived at
7:03 p.m.) and Mrs. Sally H. Thomas.
ABSENT: None.
OFFICERS PRESENT: County Executive, Mr. Robert W. Tucker, Jr.; County
Attorney, Mr. Larry W. Davis and County Planner, Mr. V. Wayne Cilimbe{g.
Agenda Item No. 1. The meeting was called to order at 7:00 P.M., by the
Chairman, Mrs. Humphris.
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. There were none.
Agenda Item No. 5. Consent Agenda. Motion was offered by Mr. Martin,
seconded by Mr. Bowerman, to approve items 5.1 through 5.3a on the Consent
Agenda, and to accept the remaining items.as information. Roll was called and
the motion carried the following recorded vote:
AYES: Mrs. Humphris, Mr. Marshall, Mr. Martin, Mrs. Thomas and Mr. Bowerman.
NAYS: None.
ABSENT: Mr. Perkins.
Item No. 5.1. Resolution to take Ashwood Boulevard in Forest Lakes south
Subdivision into the State Secondary System of Highways.
By the recorded vote set out above, the following resolution of was
adopted:
WHEREAS, the street in Forest Lakes South Subdivision (SUB-
92-087) described on the attached Additions Form SR-5(A) dated
August 14, 1996, fully incorporated herein by reference, is shown
on plats recorded in the Clerk's Office of the Circuit Court of
Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department
of Transportation has advised the Board that the street meets the
requirements established by the Subdivision Street Requirements of
the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of
County Supervisors requests the Virginia Department of
Transportation to add the road in Forest Lakes South Subdivision
as described on the attached Additions Form SR-5(A) dated August
14, 1996, to the secondary system of state highways, pursuant to
Section 33.1-229, Code of Virginia, and the Department's
Subdivision Street Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and
unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be
forwarded to the Resident Engineer for the Virginia Department
Transportation.
The road described on Additions Form SR-5(A) is:
(1)
Ashwood Boulevard from Station 0 + 10, right edge of pave-
ment of northbound U.S. Route 29, 5800 lineal feet to
Station 58 + 10, back of curb of Ashwood Boulevard as shown
on plat recorded 5/11/'93 in Deed Book 1307, pages 43-58, in
the office of the Clerk of the Circuit Court of Albemarle
County showing a right-of-way width of 120 feet for a total
centerline length of 1.1 mile. Additional plats recorded
7/22/93 in Deed Book 1327, pages 509-518; 5/14/96 in Deed
Book 1536, pages 472-473; 6/17/96 in Deed Book 1544, pages
359-366.
August 14, 1996 (Regular Night Meeting)
(Page 2)
000041
Item No. 5.2. ResolutiOn to take and abandon Green Mountain Road (State
Route 627) in Enniscorthy into the State Secondary System of Highways.
By the recorded vote set out above, the following resolution of was
adopted:
WHEREAS, a new section of a road has been constructed and
approved by the Commonwealth Transportation Commissioner to serve
the same citizens previously served by a section of State Route
627; and
WHEREAS, the Board of Supervisors finds that it is appro-
priate to abandon that section of State Route 627 pursuant to
Section 33.1-155 of the Code of Virginia.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County
Board of Supervisors requests the Virginia Department of
Transportation to add to the secondary system of state highways
the portion of road identified as New State Route 627 on the plat
entitled "Plat Showing Metes and Bounds Description of Abandonment
Of Old 30' Prescriptive Right-Of-Way and The Dedication Of New 50'
Fee Simple Right-Of-Way For State Route 637".
BE IT FURTHER RESOLVED that the Albemarle County Board of
Supervisors declares that the section of State Route 627 being
2,226.53 feet in length and more particularly shown and described
as a portion of the "Old 30' Prescriptive Right-Of-Way To Be
Abandoned" beginning at a line identified as "S 43° 23' 30" E
50.00'" and ending at a point labeled "End of Abandonment" as
shown on the plat referenced above is abandoned pursuant to
Section 33.1-155 of the Code of Virginia.
Item No. 5.3. Resolution to accept deed for Scottsville Volunteer
Rescue Squad site.
The Executive Summary in'dicates that on May 15, 1996, the Board approved
a Service Agreement with the Scottsville Volunteer Rescue Square providing the
County would contribute $250,000 from the County's Fire Fund to be used for
the purchase of land and construction of a rescue squad building. A term of
that Agreement provided that the land and improvements would be owned and
titled jointly by the County and the Rescue Squad.
The Rescue Squad is now prepared to close on the property on which it
proposes to build the building. It is 9.738 acres of property located at the
southern corner of the intersection of State Route 6 and State Route 737 and
currently owned by Edith and Stephan Hawranke. The deed has been reviewed by
the County Attorney and is in acceptable form and meets the requirements of
the Service Agreement. Staff recommends the Board adopt the Resolution
authorizing the acceptance of the property to be used for the construction of
the Rescue squad building.
By the recorded vote set out above, the Board adopted the following
resolution authorizing the acceptance of the property to be used for the
construction of the Rescue Squad building:
RESOLUTION TO ACCEPT OWNERSHIP
OF 9.738 ACRES OF PROPERTY
WHEREAS, the Scottsville Volunteer Rescue Squad, Inc., and
the County of Albemarle in a Service Agreement dated May 15, 1996,
agreed that they would jointly own property upon which a new
rescue squad building would be constructed; and
WHEREAS, the property identified in the Deed made by and
between Edith Hawranke and Stephen Hawranke and the Scottsville
Volunteer Rescue Squad, Inc., and the County of Albemarle,
attached hereto, is the agreed building site for the Rescue Squad
building.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County
Board of Supervisors hereby authorizes the County Attorney to act
on behalf of the County of Albemarle to accept the property as
described in the Deed conveying 9.738 acres of property from Edith
and Stephen Hawranke to the Scottsville Volunteer Rescue Squad,
Inc., and the County of Albemarle that Deed being attached,
hereto, and incorporated by reference.
August 14, 1996 (Regular Night Meeting)
(Page 3)
00004
Item No. 5.3a. Authorize COunty Executive to sign Service Agreement
Addendum for Scottsville Volunteer Rescue Squad.
By the recorded vote set out above, the Board authorized the County
Executive to sign the following Service Agreement Addendum for the Scottsville
Volunteer Rescue Squad:
SERVICE AGREEMENT ADDENDUM #1
THIS ADDENDUM, made this 14th day of August, 1996, by and
between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivi-
sion, (the "County"), and the SCOTTSVILLE VOLUNTEER RESCUE SQUAD,
INC., a Virginia Corporation, (the "Rescue Squad") is an addendum
to the Service Agreement dated May 15, 1996, and is to be attached
thereto and made a part thereof.
WHEREAS, the purchase of land and construction of the rescue
squad building by the Rescue Squad has been temporarily delayed;
and
WHEREAS, the Rescue Squad desires to amend the Service
Agreement to adjust the withholding of the County's annual
appropriation to reflect the delay in the use of the County's
contribution to the rescue squad building project; and
WHEREAS, the County finds the proposed adjustment is
reasonable.
NOW, THEREFORE, for and in consideration of the above stated
premises the County and Rescue Squad agree, as follows:
1. The Rescue Squad agrees that the County will withhold
Sixteen Thousand, Six Hundred, Sixty-Six Dollars and Sixty-Seven
Cents ($16,666.67) from the County's annual appropriation to the
Rescue Squad's operating budget for fifteen (15) years beginning
July 1, 1997, rather than July 1, 1996, and ending after a final
withholding on July 1, 2011, rather than July 1, 2010. Such
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 shall be in addition to the withholding pursuant to
the preexisting February 3, 1995, Service Agreement.
2. Ail other terms and conditions of the Service Agreement
dated May 15, 1996, not in conflict with this Addendum, shall
remain in full force and effect.
Item No. 5.4. Copies of Planning Commission minutes for July 9 and July
23, 1996, were received for information.
Item No. 5.5. Notice of application filed with the Department of Motor
Vehicles by Yellow Cab Company of Charlottesville, for transfer of certificate
of public convenience and necessity, was received for information.
Item No. 5.6. Memorandum dated August 5, 1996, from Mr. David B.
Benish, Chief of Community Development, to Mr. Bill Brent, Executive Director,
Albemarle County Service Authority, re: Installation of a sanitary sewer line
to serve homes in Woolen Mills, was received for information.
In his memorandum, Mr. Benish stated that staff has determined that the
sanitary sewer collection line meets the criteria for administrative review
and is in compliance with the Comprehensive Plan. In addition, the State
considers certain properties in this area to be of historic significance.
Efforts should be made to limit disturbance of these properties as much as
possible during the installation of the sanitary sewer collection line.
(Mr. Perkins arrived at 7:03 p.m.)
Agenda Item No. 6. ZMA-96-03. Worrell Land & Cattle Co. Public
Hearing on a request to amend existing agreements & proffers of ZMA-92-12.
Property in NW corner of inters of Rt 250/I-64. Area recommended for office
regional use in Neighborhood 3 by Comprehensive Plan. TM78,P20B,20C,20K,20M,
31,32,71,71A. Rivanna Dist. (Deferred from July 10, 1996.) (Advertised in
the Daily Progress on June 24, 1996, and July 1, 1996.)
Mr. Cilimberg summarized the staff's report which is on file in the
Clerk's office and a permanent part of the record. The Planning Commission,
at its meeting on May 7, 1996, unanimously recommended approval of the
rezoning subject to acceptance of the applicant's proffers. Consideration of
August 14, 1996 (Regular Night Meeting)
(Page 4)
000043
this request by the Board was deferred to allow comments from VDOT and review
of those comments by staff.
The Chairman opened the public hearing.
Mr. Andrew Dracopoli was present on behalf of Worrell Land. This
request was for some minor changes in the application plan which was approved
by the Board in 1993. The overall size of the development has remained the
same with a slight reduction in the number of residential units. The plan
proposes approximately 1.0 million square feet of office development, 145,000
square feet of retail development, a hotel and 250 residential town home
units. This requested use is in compliance with the Comprehensive Plan. Mr.
Dracopoli said the proposed changes relate to trying to emphasize the
character of the office park. He mentioned that during review of the
Comprehensive Plan in 1989, the Planning Commission designated this area
entirely as office service with no regional service component.
Mr. Dracopoli said in working with a major regional developer, who was
hired to help market and develop the park, they concluded that certain aspects
of the original plan were not capable with a successful project. First, the
primary entrance to the park was also the entrance to a major shopping center
which was to have been anchored by a grocery store. This was viewed as a
major obstacle to attracting office users from outside Charlottesville who
would be used to the more traditional style of corporate park entrance. The
amended plan moves and reconfigures the 100,000 square feet of retail use and
shifts the emphasis from a major retail center anchored by a grocery store to
commercial uses more directly supportive of the office park. Similarly the
placement of the residential uses in the heart of a park that was primarily an
office park was also thought to be an obstacle to office users. The original
plan had the flexibility to allow the residential area to be moved from the
center of the site to where it is now proposed.
Mr. Dracopoli said the use of two entrances from Route 250 East to the
heart of the property was unduly expensive. The revised plan eliminates these
problems by making the entrance opposite Glenorchy the primary entrance, by
moving the retail center to the Westminster Canterbury crossover and changing
its character to a supporting commercial center rather than a freestanding
shopping center, and by moving the residential portion of the property to the
ridge running down to the Rivanna River, which is an option in the original
plan. The new primary entrance road provides excellent access to four major
office sites while the entrance from State Farm Boulevard provides excellent
access to smaller office sites on the west side of the property and to the
residential portion of the property. The revised plan also enlarges and
reorients the public park at the heart of the property. All of the roads
shown in the plan could be designed to public road standards. Engineers have
been working with VDOT officials on the public road standards and the layout
of the roads so they can eventually be taken into the State system. He has
met with area residents, businesses and the Architectural Review Board, all of
whom support this plan.
Mr. Dracopoli said the traffic issue raised by VDOT was a surprise to
the applicant. The applicant has proffered improvements to Route 250 to
address the traffic issues the plan was causing, i.e., turn lanes, signal
lights. In response to VDOT's concern that the proposed improvements to that
area not being adequate to handle projected traffic at full buildout of the
Pantops area, a revised traffic study shows a reduction in the traffic impact
of the applicant's amended plan compared to the original plan, and places more
emphasis on State Farm Boulevard. Thus the new plan will actually alleviate
in a small way the problem that VDOT is concerned about. Additionally, the
applicant is offering to contribute a pro-rata portion of the cost of the
State Farm Boulevard traffic signal when it is installed.
Mr. Dracopoli said they have as much interest in the proper traffic flow
along Route 250 East as the County and VDOT. However, Route 250 East and the
Interstate interchange are major arterial roads which need to be studied in
their entirety, not just the section in front of the applicant's property.
The impact of all the contributors to traffic on Route 250 East need to be
considered in order to come to a reasonable solution.
With no further comments, the Chairman closed the public hearing.
Mrs. Thomas felt there would be some expensive traffic needs the County
would have to meet in this area. She does not think the applicant should be
responsible for meeting those needs. She is nervous about how Route 250 East
is going to be developed. She has received many calls from constituents
asking that the County not allow Route 250 to be ruined. She emphasized the
need for more traffic reduction techniques. She was pleased with the new
changes in the plan and thinks they are going in the right direction. Mrs.
Humphris agreed with the comments.
Mr. Martin mentioned that this area was located in his district and many
people have called him in support of the changed plan. He also felt this new
plan was an improvement over the original plan.
August 14, 1996 (Regular Night Meeting)
(Page 5)
000044
Mr. Cilimberg noted that proffers #4, 8 and 9 are actually modifications
carried over from the prior zoning action. By accept the proffers, the Board
would be approving those modifications. He added that #7 is a statement of
fact; it is not an actual proffer.
Motion was then offered by Mr. Martin, se~¢onded by Mr. Bowerman, to
approve ZMA-96-03 subject to acceptance of the applicant's proffers as
recommended by the Planning Commission. Roll was called and the motion
carried by the following recorded vote:
AYES:
NAYS:
Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas and
Mr. Bowerman.
None.
PROFFER FORM
Date: June 7, 1996
ZMA# 96-03
Tax Map Parcel(s)# 78-20B, 20C, 20K, 20M, 31, 32, 71 and 7lA
Pursuant to Section 33.3 of the Albemarle County Zoning
Ordinance, the owner, or its duly authorized agent, hereby
voluntarily proffers the conditions listed below which shall be
applied to the property, if rezoned. These conditions are
proffered as a part of the requested rezoning and it is agreed
that: (1) the rezoning itself gives rise to the need for the
conditions; and (2) such conditions have a reasonable relation to
the rezoning requested.
(1) See list on sheet attached
Signature of Ail Owners
(Signed) T. Eugene Worrell, Manager
WORRELL LAND AND CATTLE COMPANY, L.C.
Dated: 6/7/96
The Land Use Plan dated February 26, 1996, is the approved
application plan for the Planned Development-Mixed
Commercial and Commercial Office zoned property.
The supporting commercial uses shall be in accordance with
those uses permitted by-right in the C-1 zone as modified by
Section 9.4.3 of the Albemarle County Zoning Ordinance, as
in effect on June 12, 1996, a copy of which is attached
hereto.
3 o
The residential uses are not required to be developed on a
pro-rata basis with the office development in accordance
with Section 9.4 of the Albemarle County Zoning Ordinance,
as in effect on June 12, 1996, a copy of which is attached
hereto.
Private roads within the development may be designed to meet
Virginia Department of Transportation mountainous terrain
standards. Public roads shall be permitted subject to
approval by the Virginia Department of Transportation.
The Worrell Land and Cattle Company, its successors and
assigns (the developer) agrees to pay for the necessary turn
lanes as determined by the Virginia Department of Transpor-
tation at the development's entrances along Route 250 East
and State Farm Blvd. The developer also agrees to Route 250
East at the primary entrance (Entrance ~ 6 as shown on
Figure 8 of the February 23, 1996 Traffic Impact study, a
copy of which is attached). The developer also agrees to
provide a traffic signal at the secondary entrance (Entrance
# 4 as shown on Figure 8 of the February 23, 1996 Traffic
Impact study, a copy attached). All improvements shall be
constructed upon demand of the Virginia Department of
Transportation in accordance with their letter dated March
22, 1996, (copy attached), or earlier at the developer's
option provided the primary or secondary entrance meets the
signalization warrants as given in the latest edition of the
Manual of Uniform Traffic Control Devices. The developer
August 14, 1996 (Regular Night Meeting
(Page 6)
shall contribute to Virginia Department of Transportation a
pro-rata share of the cost of a traffic signal at the
intersection of Route 250 and State Farm Blvd. The pro-rata
share shall be the fraction of the cost of installation of
the signal equal to the percentage of traffic generated by
this site using the intersection divided by the total
traffic using the intersection. Such contribution shall be
made at the time of installation of the signal.
6 o
The developer its successors and assign will utilize
detailed design guidelines consistent with the outline
included as Design Criteria and Guidelines contained in a
letter dated April 2, 1996, signed by Andrew Dracopoli, a
copy of which is attached.
Development occurring within those areas obtained from Tax
Map 78 Parcels 20K, 71, and 7lA, as these parcels existed on
April 22, 1996 a copy of the tax map is attached hereto, and
any successor parcel or parcels, shall not require review by
the Albemarle County Architectural Review Board, because
these parcels do not lie within the entrance corridor
overlay district as it exists on June 12, 1996. Development
occurring within other areas shall be reviewed by the
Albemarle County Architectural Review Board if it is
determined the site will be visible from Interstate 64 or
Route 250 East.
8. Setbacks shall be as follows:
a. Commercial and Office Uses:
Adjacent to public streets: No portion of any
structures, except signs, shall be erected closer than
thirty (30) feet to any public street right-of-way.
No off-street parking or loading space shall be
located closer than ten (10) feet to any public street
right-of way.
Adjacent to internal streets: The setbacks for
buildings and parking may be reduced to ten (10) feet
provided adequate sight distance is maintained and
minimum landscaping requirements are met.
b. Residential Uses:
Minimum yards: Front twenty-five (25) feet, side
fifteen (15) feet, rear twenty (20) feet. Minimum
side yards shall be reduced to not less than ten (10)
feet in accordance with Section 4.11.3 of the
Albemarle County Zoning Ordinance, as in effect on
June 12, 1996, a copy of which is attached hereto.
Administrative approval of all future site plans and
subdivision plats. Variations from the approved application
plan shall be permitted in accord with the provisions of
Section 8.5.6.3 of the Albemarle County Zoning Ordinance, as
in effect on June 12, 1996, a copy of which is attached
hereto.
Agenda Item No. 7. SP-96-19. John Hocutt. Public Hearing on a request
for hotel on approx 2.6 ac zoned PUD located S of & adj to Applebee's
Restaurant in Branchlands. TM61Z, Pll,Sec3. Rio Dist. Advertised in the
Daily Progress on June 24, 1996, and July 1, 1996.)
Mr. Cilimberg summarized the staff's report which ms on file in the
Clerk's office and a permanent part of the record. The staff reviewed this
request for compliance with the provisions of Section 31.2.4.1 of the Zoning
Ordinance and recommended approval subject to two conditions. The Planning
Commission, at its meeting o July 9, 1996, unanimously recommended approval of
SP-96-19 subject to the two conditions, but amended the second condition
recommended by staff as follows: "Submittal and approval of an intersection
analysis to insure that the traffic generated by this site accessing
Branchlands Blvd., Food Lion/Applebee's crossover does not result in a
reduction in the level of service.
August 14, 1996 (Regular Night Meeting)
(Page 7)
000046
Mr. Cilimberg then provided a new proposed substitute condition #2:
"Submittal and approval of an intersection analysis as a condition of site
plan approval to insure that the traffic generated by this site accessing
Branchlands Blvd., at the crossover serving Food Lion, Applebee's, Toys ~R Us
and Old Country Buffet does not result in a reduction in the level of service
if the existing level of service is ~C' or less. In the event that the
existing level of service is greater than ~C', the level of service may be
reduced to not less that ~C'. The applicant may provide improvements to the
intersection to maintain the level of service if the level of service is
currently less than ~C' or to insure the level of service does not drop below
~C' if the current level of service is greater than ~C'.
Mrs. Humphris referred to a letter dated August 8, 1996, from Roudabush,
Gale & Associates, and asked why the applicants were requesting the deletion
of the second condition. Mr. Cilimberg said the applicants felt it was unfair
and unnecessary to require a single developer to provide a traffic study at an
entrance already approved for the existing and proposed use. Mrs. Humphris
also felt it unfair to require these applicants to bear the burden of the
expense. Mr. Marshall agreed.
With no further comments from the Board, the Chairman opened the public
hearing.
Mr. Jim Daly, developers of Fairfield Inn, was present to speak and
answer questions. Also present was Mr. David Collins of Roudabush, Gale &
Associates, the engineers for the project. His main concern is with fairness.
He believes a hotel would be a nice addition to the area. He was surprised to
hear that the traffic counts are 800 vehicle trips per day. The hotel is
limited to 121 rooms with associated parking spaces. He does not feel their
customers will conflict with the majority of traffic.
Mr. Collins said a traffic study has not been prepared. Since hotel
hours vary from other retailers, hotel traffic would not interfere with
everyday traffic.
Mrs. Humphris asked about VDOT's recommendation that the rear entrance
to Food Lion serving as a possible alternate route, although it is currently
more of a service entrance. VDOT stated that if this is to serve the parcel,
it should be more functionally aligned and widened behind the Food Lion store.
Mr. Collins said he had not discussed that suggestion. Mr. Bowerman thought
VDOT's point was well taken on that issue. He added that the hotel access was
adjacent to Food Lion and the logical exit would be to return to Route 29.
Mr. Bowerman felt visual aids could help make the alternate road more
available to citizens. Mrs. Humphris disagreed. She did not think a
motorist, after driving through the shipping and receiving area, would return
because it is simply not a welcoming site and the road is narrow. Mrs. Thomas
did not feel it was this applicant's responsibility to improve the alternate
road behind Food Lion.
Mrs. Thomas asked Mr. Daly abut signage for the hotel. Mr. Daly said
they fully intend to work within the County's sign ordinance regulations.
With no further comments, the public hearing was closed.
Mr. Bowerman asked what was the intent of the substitute condition
number two. Mr. Cilimberg said the condition was intended to be more
definitive. Mr. Bowerman said there has been no application before the Board
dealing with the intersection. He does not feel it is necessary to require
this applicant to install traffic lights. Mr. Martin said he has no problem
with the intersection.
Mrs. Humphris said the real issue is one of fairness. She also thinks
it unfair to require this applicant to incur the expense of improving the
intersection and adding traffic lights.
Motion was then offered by Mr. Bowerman, seconded by Mr. Marshall to
approve SP-96-19, as recommended by the Planning Commission, with deletion of
condition #2. Roll was called and the motion carried by the following
recorded vote:
AYES:
NAYS:
Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas and
Mr. Bowerman.
None.
1. Use is limited to a 121 room hotel.
Agenda Item No. 8. SP-96-25. Tandem School. Public Hearing on a
request to amend SP-96-06 to increase allowance of total school enrollment &
on-site staffing from 177 persons to 200 persons. Tandem School is accessed
from Rt 20 S approx 1 mi S of 1-64. TM91, P2A&2B. Scottsville. (Advertised
in the Daily Progress on June 24, 1996, and July 1, 1996.)
~ugust 14, 1996 (Regular Night Meeting)
Page 8 )
000047
Mr. Cilimberg summarized the staff's report which is on file in the
Clerk's office and a permanent part of the record. The staff reviewed this
request for compliance with the provisions of Section 31.2.4.1 of the Zoning
ordinance and Section 4.1 and recommends approval with conditions. The
Planning commission, at its meeting on July 23} 1996, unanimously recommended
approval of SP-96-25 subject to the two conditions recommended by staff.
Mrs. Thomas raised questions regarding the letter dated July 3, 1996,
from McKee/Carson stating there were unanswered questions about septic field
conditions. Mr. Cilimberg said the Health Department has indicated that there
is adequate area for drainfield expansion. He~ also thought the Health
Department would have assessed the current drainfield.
With no further comments from the Board, the chairman opened the public
hearing.
Ms. Rosalyn W. Berne, Head of School, was present to answer questions.
She thanked Mr. Marshall and Mr. Martin for attending the ribbon-cutting
ceremony on their new "Friends School" addition.
Mr. Eliot Fendig, of McKee/Carson, said at the time the letter was
written, it was unknown how to expand the septic field on the site and meet
the Health Department's requirements. However, all the issues have been
addressed and a permit obtained from the Health Department to expand the
septic field.
With no further comments, the chairman closed the public hearing.
Motion was offered by Mr. Marshall, seconded by Mr. Bowerman, to approve
SP-96-25, subject to the conditions recommended by the Planning Commission.
Roll was called and the motion carried the foilowing recorded vote:
AYES: Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas and
Mr. Bowerman.
NAYS: None.
(Conditions of Approval:)
1. Total school enrollment and on-site staffing shall be limited to
200 persons; and
2. Additional buildings or increase in total enrollment/staffing must
be authorized by a new special use permit.
Agenda Item No. 9. Approval of Minutesi: May 1, 1996.
Mr. Marshall had read his portion of the minutes (pages 1 - 14, #12) and
found them to be in order.
Mrs. Humphris had read her portion of the minutes (pages 14, #12 - 31)
and found one typo which she handed to the Clerk.
Mr. Perkins had read his portion of the. minutes (pages 32 - end) and
found one typo which he handed to the Clerk.
Motion was offered by Mr. Marshall, seconded by Mr. Martin to approve
the minutes as read. Roll was called and theI motion carried by the following
recorded vote:
AYES: Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas and
Mr. Bowerman.
NAYS: None.
Agenda Item No. 10. Other Matters not .Listed on the Agenda from Board
members.
Mr. Tucker mentioned the joint meeting that was scheduled between the
Board of Supervisors and the School Board fo~ Monday, September 16, 1996, from
5:00 p.m. - 6:30 p.m. (This meeting was originally scheduled for September 4,
1996.)
Motion was offered by Mr. Martin, seconded by Mr. Bowerman, to appoint
Mr. George A. Spry to the Equalization Board, as the Rivanna District
representative, for the calendar year 1996. Roll was called and the motion
carried by the following recorded vote:
AYES: Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas and
Mr. Bowerman.
NAYS: None.
ust 14, 1996 (Regular Night Meeting) 000048
Page 9)
Mrs. Thomas said she went out to visit Route 682. It happened to be the
day after a heavy rain and the scene was appalling. There were flimsy erosion
control fences and the creek that runs through'the area showed significant
silting. Apparently the County cannot force VDOT to have an erosion control
)lan or police themselves. Mr. David Hirschman has talked to Mr. Charlie
Lliams of VDOT who promised to go out and see if he can improve matters.
~he is concerned because VDOT is not meeting standards the County requires
private enterprises to meet. She believes VDOT does have very good
environmental experts on staff but'not in locai residency offices, or at least
not in this residency. In her opinion, if the~e are going to be major
projects in the County, an environmental expert should be on call or more
readily available to this residency. Mr. Tucker said he would talk with Ms.
Angela Tucker, the Resident Engineer, about making some improvements.
Mrs. Humphris said she, Mrs. Thomas and staff for the County Executives'
office attended the Local Government officialsl Conference (LGOC). The
conference was interesting and informative. She gave a brief over-view of the
meeting. Mrs. Thomas said she thought the meetings were some of the best she
has attended. Mrs. Humphris also mentioned t~at Mr. Russell Perry, of Bill
McDonough Architectural Firm, gave an impressive speech regarding the future
of environmentally-based design in which he u~ed Monticello High School as an
example. She said people stayed long after the meeting to ask Mr. Perry
questions concerning day lighting and fresh air for the school children.
Mrs. Thomas mentioned that the McIntire Recycling Center has reopened
and is a Very attractive facility and has three times the parking available.
Agenda Item No. 11. Executive Session: ~egal Matters.
At 8:10 p.m., Mr. Bowerman moved that the Board go into Executive
Session pursuant to Section 2.1-344(a) of the Code of Virginia under
subsection (7) to consult with legal counsel and staff regarding specific
legal matters relating to a lease of real property, reversion and a citizen
complaint. Mrs. Thomas seconded the motion. [Roll was called and the motion
carried by the following recorded vote:
AYES: Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas and
Mr. Bowerman.
NAYS: None.
Agenda Item No. 12. Certify Executive Session.
At 8:55 p.m., the Board reconvened intoiopen session. Motion was
immediately offered by Mr. Bowerman, that thelBoard certify by a recorded vote
that to the best of each Board member's knowledge only public business matters
lawfully exempted from the open meeting requirements of the Virginia Freedom
of Information Act and identified in the motign authorizing the executive
session were heard, discussed or considered in the executive session. Mrs.
Thomas seconded the motion. Roll was called ~nd the motion carried by the
following recorded vote:
AYES: Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas and
Mr. Bowerman.
NAYS: None.
Agenda Item No. 13. Adjourn. With no further business to come before
the Board, the meeting was then immediately adjourned.
Chairman