1996-03-20March 20, 1996 (Regular Night Meeting)
(Page 1)
A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on March 20, 1996, beginning 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 and Mrs. Sally
H. Thomas.
ABSENT: None.
OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr.; County
Attorney, Larry W. Davis; and Director of Planning and Community Development,
V. Wayne Cilimberg.
Agenda Item No. 1. The meeting was called to order at 7:02 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 no other matters from the public.
Agenda Item No. 5. Consent Agenda. On mo%ion by Mrs. Thomas, seconded
by Mr. Martin, Items 5.1 through 5.3 were approved and the remaining items on
the consent agenda were received for information. Roll was called and the
motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and
Mrs. Humphris.
None.
Item 5.1. Albemarle County's Statement for the Six Year Primary Road
Plan Preallocation Hearing.
Mrs. Humphris asked what was the staff's intent to the reference made in
the speech regarding "functional plans including analysis of possible safety
improvements for Route 22". There is a problem with VDoT wanting to widen
and straighten Route 22 and the public not wanting these improvements. Mr.
Tucker said the intent only was to look at this as a safety improvement.
Mr. Cilimberg said the functional plan process is an indication of
problems and potential ways to address those problems. The staff initially
makes comments and the Board will have a chance to respond to any recommenda-
tions. This does not imply any particular improvements; it is just a starting
point and evolved out of some of the issues on that road segment due to the
concern with truck traffic.
Mrs. Humphris handed to Mr. Tucker some typographical and wording
corrections. Mrs. Thomas asked staff not to invent the word "undergrounding".
By the vote set out above, the Board approved the draft statement with
the recommended changes in wording and typos.
Item 5.2. Authorize Chairman to sign a letter of support for the JAYS
Program. /It was noted that at the March 13, 1996, meeting, the Board request-
ed a draft letter in support of the JAYS (Jay-Cees Against Youth Smoking)
Program. By the vote set out above, the Board approved the draft letter for
the Chairman's signature.
Item 5.3. Adopt resolution requesting funding assistance for an acces-
sible fishing pier at Chris Greene Lake from the Virginia Division of Game and
Inland Fisheries.
It states in the Executive Summary that the Virginia Department of Game
and Inland Fisheries has limited funds available in FY 1996-97 to assist
localities in providing fishin~g facilities that are accessible to the dis-
abled. The County's ADA Transition Plan incudes the construction of an
accessible fishing pier at Chris Greene Lake. The Department of Parks and
Recreation is in the process of implementing the projects listed in the
Transition Plan. The Department submitted an application in 95-96 that
narrowly missed funding. The Department has been encouraged by VDGIF offi-
cials to resubmit an application for this year.
While project plans have not been completed, it is estimated that the
project will cost approximately $70,000. The project will be funded from the
existing appropriation for ADA improvements at the County parks. The grant
program will provide successful applicants with reimbursement of $50,000, or
75 percent of the total project cost, whichever is lower. The deadline for
applications is April 30, 1996. The application package requires a resolution
of support from the governing body.
March 20, 1996 (Regular Night Meeting)
(Page 2)
000298
Staff recommends that the Board of Supervisors adopt the proposed
resolution authorizing the County Executive to provide the necessary materials
and to enter into such agreements as necessary to quality for a VDGIF grant.
Mr. Perkins said he was not opposed to improving the fishing access at
Chris Greene Lake; however, $70,000 seemed like a lot of money to build a
fishing pier. He then suggested staff talk with the Virginia Department of
Game and Inland Fisheries about Albemarle County and possibly Orange and
Greene Counties building a lake on the Preddy Creek property, which is
approximately 500 acres, to be used primarily for fishing. Mr. Tucker said he
would ask Mr. Mullaney, Director of Parks and Recreation, to provide a report
to the Board.
By the vote set out above, the Board adopted the following resolution:
FUNDING ASSISTANCE FOR
CHRIS GREENE LAKE ACCESSIBLE FISHING PIER
COUNTY OF ALBEMARLE
WHEREAS, the Virginia Department of Game and Inland Fisher-
ies provides funds to assist political subdivisions of the Common-
wealth of Virginia in developing new fishing access facilities;
and
WHEREAS, the County of Albemarle desires to develop an
accessible fishing pier at Chris Greene Lake as described in the
County's ADA transition plan; and
WHEREAS, the funding available from the Virginia Department
of Game and Inland Fisheries for fishing pier projects is limited
to 75 percent of the total project costs or $50,000, whichever is
lower; and
WHEREAS, funding necessary in addition to the Virginia
Department of Game and Inland Fisheries share to complete the
project will be provided by the County of Albemarle;
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Supervisors of Albemarle County, Virginia, that the County Execu-
tive is hereby authorized to cause such information or materials
as may be necessary to be provided to the Virginia Department of
Game and Inland Fisheries and to enter into such agreements as may
be necessary to permit formulation, approval and funding of the
Chris Greene Lake Accessible Fishing Pier Project;
AND BE IT FURTHER RESOLVED, Albemarle County hereby agrees
to accept all maintenance responsibilities, and keep this facility
reasonably open for public use for the expected useful life of the
project.
Item 5.4. Letter dated March 6, 1996, to the Honorable Charlotte
Humphris, Chairman, from Ms. Julie L. Vosmik, Director, Division of Survey and
Register, Department of Historic Resources, providing notice that East
Belmont, Albemarle County has been placed on the Virginia Landmarks Register,
was received for information.
Item 5.5. Copy of Planning Commission minutes for March 5 and March 12,
1996, was received for information.
Agenda Item No. 6. SP-95-44. Arthur A. Watson. Public Hearing on a
request to replace an existing stream crossing in the flood plain located on
NW sd of inters of Rt 671/609, 1,361 ac zoned RA. TM28,P1. White Hall Dist.
(Advertised in the Daily Progress on March 4 and March 11, 1996.)
Mr. Cilimberg summarized the staff's report which is on file in the
Clerk's office and a part of the permanent record of the Board. At its
meeting on February 20, 1996, the Planning Commission unanimously recommended
approval of SP-95-44 subject to the six conditions suggested by staff.
The Chairman opened the public hearing. Mr. Kurt Gloeckner, of
Gloeckner Engineering, representing the applicant, said the bridge goes under
water almost immediately because of the large drainage basin that is above it.
The bridge serves agricultural purposes and there is a residence beyond the
bridge. Over the years, the culverts have turned to an angle up stream;
therefore, they are not facing the direction of the flow and the concretes are
deteriorating. Instead of nine corrugated metal culverts, the applicant plans
to install a shallow arch span which will stay clear, most of the time, during
normal flows. Hopefully, the bridge will be anchored to the bedrock.
There being no other comments from the public, the public hearing was
closed.
Motion was offered by Mr. Perkins, seconded by Mrs. Thomas, to approve
SP-95-44 subject to the six conditions recommended by the Planning Commission
000299
March 20, 1996 (Regular Night Meeting)
(Page 3)
(set out below). Roll was called and the motion carried by the following
recorded vote:
AYES:
NAYS:
Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and
Mrs. Humphris.
None.
(Conditions of approval:)
Albemarle County Department of Engineering and Public Works
(Engineering Department) approval of bridge plans and de-
tails. The plans must be sealed by a professional engineer;
2e
Engineering Department approval of hydrologic, hydraulic and
structural computations prepared by a professional engineer.
Computations shall include analysis of the effects to the
100-year flood plain;
¸3.
Engineering Department approval of an erosion control plan
if earth disturbance is 10,000 square feet or more;
Engineering Department approval of a Water Quality Impact
Assessment;
Any future development of Tax Map 28, Parcel 1, seeking
crossing of Ward's Creek to access Route 671 shall use this
stream crossing; and
Existing bridge to be removed to the satisfaction of the
Engineering Department.
Agenda Item No. 7. ~"~-a~-~n ": .... ~-:-~- ~"~- ~-~ ........
' ........ ~'"~"~,~"~'~ ~' : - i~ ~cca~c~ ~ ~ ~ in & growth arca& is recommended for
Rivanna Di~t. (Advertised in the Daily Progress on March 4 and March 11,
1996.)
Due to an error in posting notice of this application by the applicant,
this item was deleted from the agenda and rescheduled for public hearing on
April 10, 1996.
Agenda Item No. 8. SP-95-45. Wendall Wood. Public Hearing on a
request to amend SP-95-25 to add approx 2 ac to Airport Mobile Home Park.
Located on E sd of Rt 606 approx 0.6 mi S of Rt 649. TM32,P50A. Rivanna
Dist. (This property is recommended for High Density Residential [10.01-34
dwelling units per acre] in the Community of Hollymead.) (Advertised in the
Daily Progress on March 4 and March 11, 1996.)
Mr. Cilimberg summarized the staff's report which is on file in the
Clerk's office and a part of the permanent record of the Board. At its
meeting on February 20, 1996, by a vote of five to one, the Planning Commis-
sion recommended approval of SP-95-45 subject to the conditions of $P-95-25
with the deletion of conditions #2 and #10, as suggested by the staff.
The Chairman opened the public hearing. Mr. Wendall Wood, the appli-
cant, said he would answer any questions from Board members.
There being no other comments from the public, the public hearing was
closed.
Motion was offered by Mr. Martin, seconded by Mr. Marshall, to approve
SP-95-45 subject to the conditions of SP-95-25 with the deletion of conditions
#2 and #10. Roll was called and the motion carried by the following recorded
vote:
AYES:
NAYS:
Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and
Mrs. Humphris.
None.
(Conditions of approval:)
Deletion/relocation of all lots within fifty feet of an
adjacent parcel;
Staff approval of all mobile home units proposed for loca-
tion within the mobile home park to ensure compliance with
the acoustical performance standards of Section 30.2.5;
Staff approval of private road maintenance agreements at
such time as the property may be subdivided;
4e
Maintenance of recreation facilities shall be the responsi-
bility of the property owner in accord with Section
4.16.3.2;
March 20, 1996 (Regular Night Meeting)
(Page 4)
000 00
No direct connection to Route 29 shall be made without
amendment of this permit;
Provision of conventional "T" intersection with Route 606
constructed in accordance with Virginia Department of Trans-
portation requirements. Access is shown on a plan initial-
ized "WDF" dated 7/8/93;
7e
No plan of development shall be submitted for review until
the necessary easements and/or right-of-way acquisition for
the Route 606 entrance have been obtained; and
8. Provision of access to Tax Map 32, Parcel 46.
Agenda Item No. 9. SP-95-46. Central Telephone Co. of Virginia.
Public Hearing on a request to establish an unmanned telephone switching
station on approx 3.6 ac portion of TM78,P55A4. Site on N sd of Rt 250 on
North Pantops Dr. Rivanna Dist. (This property is recommended for High
Density Residential [10.01-34 dwelling units per acre] in Neighborhood 3.)
(Advertised in the Daily Progress on March 4 and March 11, 1996.)
Mr. Cilimberg summarized the staff's report which is on file in the
Clerk's office and a part of the permanent record of the Board. At its
meeting on March 12, 1996, the Planning Commission unanimously recommended
approval of SP-95-46 subject to the four conditions suggested by staff. In
addition, the Planning Commission approved a site plan waiver request in
accordance with the provisions of Section 32.2.2 of the Zoning Ordinance.
Mrs. Humphris asked if there was a problem with relocating the existing
driveway. Mr. Cilimberg responded "no".
The Chairman opened the public hearing. Mr. A. C. Ryalls, representing
the applicant, said they do not have to develop the whole site, just a small
portion for a switch gear. He also presented a letter from Mr. C. H. Hinnant,
III, President/CEO of Westminster Canterbury, who supports the proposal and an
aerial photograph of the site.
There being no other comments from the public, the public hearing was
closed.
Due to an error in advertising, action on this request was deferred
until April 3, 1996, so that a properly advertised public hearing could be
held.
Agenda Item No. 10. SP-96-06. The Tandem School. Public Hearing on a
request to allow for expansion of facilities of a pvt sch in R-1 dist. Tandem
School proposes constr of 10,000 sf bldg to be utilized as auditorium, class-
room, dining hall & faculty lounge space on 21.77 acs zoned R-1. Property on
Tandem Lane is accessed from Rt 20S approx 1 mi $ of 1-64. Property is within
Urban Area Neighborhood 4 which is a designated growth area. TM91,Ps2A& 2B.
Scottsville Dist. (Advertised in the Daily Progress on March 4 and March 11,
1996.)
Mr. Cilimberg summarized the staff's report which is on file in the
Clerk's office and a part of the permanent record of the Board. At its
meeting on March 12, 1996, the Planning Commission unanimously recommended
approval of SP-96-06 subject to the three conditions suggested by staff. The
Planning Commission also granted the request that public water be considered
not reasonably available to this site for purposes of providing fire hydrants
and distribution systems as required by Section 32.7.6 of the Zoning Ordi-
nance. The new building will be designed to meet all fire code requirements.
Mrs. Thomas asked if the determination for public water something that
the Planning Commission makes and does not come to the Board. Mr. Cilimberg
responded that is an action designated to the Commission through site plan
provisions.
The Chairman opened the public hearing. Ms. Rosalyn Berne, Head of the
Tandem School, thanked the Board for expediting this request. She would
appreciate the Board taking favorable action on the request.
Mr. Len Hartman said he owns property adjoining the Tandem School. He
wholeheartedly supports Tandem.
There being no other comments from the public, the public hearing was
closed.
Motion was offered by Mr. Marshall, seconded by Mr. Martin, to approve
SP-96-06 subject to the three conditions recommended by the Planning Commis-
sion (set out below). Roll was called and the motion carried by the following
recorded vote:
AYES:
NAYS:
Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and
Mrs. Humphris.
None.
March 20, 1996 (Regular Night Meeting)
(Page 5)
(Conditions of approval:)
1.
The new facility will be located approximately as shown on
the attached site layout (copy on file);
Total school enrollment and on-site staffing shall be limit-
ed to 177 persons; and
Additional buildings or increase in total enrollment/staff-
ing must be authorized by a new special use permit.
Agenda Item No. 11. Approval of Minutes: July 7, 1993.
Mr. Martin had read pages 1 through 17 of the July 7, 1993, minutes and
found them to be in order.
Mo%ion was offered by Mr. Bowerman, seconded by Mr. Martin, to approve
the minutes as read. Roll was called and the motion carried by the following
recorded vote:
AYES: Mr. Marshall, Mr. Martin, Mr. Perkins, Mr. Bowerman and Mrs. Humphris.
NAYS: None.
ABSTAIN: Mrs. Thomas.
Agenda Item No. 12. Other Matters not Listed on the Agenda from the
BOARD.
Mr. Tucker announced that the joint public hearing of the Board and
Planning Commission for ZMA-95-04, the University of Virginia Real Estate
Foundation, has been scheduled for April 9, at 7:00 p.m.
Mr. Bowerman asked when the proffers would be distributed. Mr. Davis
said there are some corrections to be made to the proffers so staff does not
actually have the final draft. The applicant has promised that the proffers
will be ready by Friday. Mr. Davis said the proffers and an analysis should
be forwarded to the Board and Commission by the middle of next week.
Mr. Tucker asked which Board members would be attending the Prealloca-
tion Hearing in Culpeper, on Monday, March 25, 1996. Mr. Tucker said the
meeting begins at 10:00 a.m., but Albemarle County is last on the schedule
this year. Mrs. Humphris and Mrs. Thomas said they would be attending. Mr.
Martin said he had a prior meeting scheduled in Culpeper that day and would
also plan to attend the hearing. Mr. Tucker said he could not attend the
hearing due to another meeting he had to attend.
Mr. Martin referred to a letter received from Ms. Catherine Bodkin, of
Children, Youth and Family Services, concerning the Child Care Resource and
Referral Program. He asked if the Board could take a closer look at the
$5,000 request at the next Board meeting. Ms. Bodkin is indicating that
because of the new welfare reform there will be a lot more child care place-
ment and training needed. It seems to him if the reform is to be successful,
some people who now do not work and have children are going to need child
care. He would like to take another look at the request before adopting the
final budget. He feels that tieing this program to welfare reform makes a lot
more sense.
Mrs. Humphris said when the Board was going through the budget process,
Mrs. Thomas had added this item to the list for further discussion. The Board
received additional background information from the staff and decided that it
did not need to do anything further with the request. Mr. Martin said he
agreed at that time because he did not connect it to welfare reform. He would
like to receive some additional information and including it on the agenda for
April 3rd for discussion.
Mrs. Thomas asked that a letter of thanks be sent to Delegate Earl
Dickerson. The House Appropriations Committee Conferees added $260,000 in
conference which is not easy to do.
Mrs. Thomas asked about the steep slope ordinance. Mr. Davis said this
is a part of the many changes being processed by the Planning Department. A
comprehensive package of zoning amendment modifications will be brought to the
Board in the spring.
Mr. Marshall said Mayor Raymon Thacker will be coming back to the Board
asking for a police officer for the Town of Scottsville, with the possibility
of the Town and County sharing one-half the costs. The officer would be
stationed in the town with duties to cover the town and surrounding county.
The officer would take the place of the deputy the town is losing. The Town
Council has already budgeted for a police, car, radio, etc. for this position.
He asked the Board to favorably consider the request. This would also put the
law enforcement under the County's Police Department.
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March 20, 1996 (Regular Night Meeting)
(Page 6)
Mrs. Humphris said she received a phone call from Mr. Dick Keller
concerning "under designing" of the intersection of Avon Street with the Route
20 connector. Mr. Tucker said he would ask Mr. Cilimberg to call Mr. Keller.
Mr. Perkins congratulated the Parks and Recreation Department. Beaver
Creek Reservoir was named the best kept dam in the state.
Agenda Item No. 13. Adjourn.
At 7:50 P.M.~ Mr. Martin offered motion for the Board of Supervisors to
adjourn until 5:30 P.M. on April 1, 1996, for an executive session with the
School Board. Mr. Bowerman seconded the motion. Roll was called and the
motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and
Mrs. Humphris.
None.
Chairman