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Board of Supervisors

July 17, 2024 ·1:00 PM Final ·Regular Meeting

Lane Auditorium

Agenda — 50 items

  1. 1. Call to Order.
  2. 2. Pledge of Allegiance. ▶ jump to 0:50
  3. 3. Moment of Silence. ▶ jump to 1:15
  4. 4. Adoption of Final Agenda. ▶ jump to 1:39
  5. 5. Brief Announcements by Board Members. ▶ jump to 2:11
  6. 6. Proclamations and Recognitions:
  7. 7. From the Public: Matters on the Agenda but Not Listed for Public Hearing or on Matters Previously Considered by the Board or Matters that are Pending Before the Board. ▶ jump to 16:29
  8. 8. Consent Agenda (on next sheet) ▶ jump to 36:28
  9. 9 1:40 p.m. - Work Sessions:
  10. 9. Review of Proposed Changes to the Outside Agency Funding Process. 24-324 ▶ jump to 37:05
  11. 10. AC44 Update: Comprehensive Plan Structure and Project Schedule. 24-329 ▶ jump to 75:00
  12. 12 3:15 p.m. - Recess ▶ jump to 127:09
  13. 13 3:30 p.m. - Discussion Item:
  14. 11. Disposable Plastic Bag Tax Litter Collection Program Update. 24-321 ▶ jump to 141:50
  15. 12. 4:15 p.m. - Closed Meeting. ▶ jump to 189:00
  16. 13. Certify Closed Meeting. ▶ jump to 195:22
  17. 14. Boards and Commissions:
  18. 14.1. Vacancies and Appointments. 24-336 ▶ jump to 420:55
  19. 19 6:00 p.m.
  20. 15. From the County Executive: Report on Matters Not Listed on the Agenda. ▶ jump to 196:23
  21. 15.1. UPDATE: SE202200068 Fill Area. 24-350
  22. 16. From the Public: Matters on the Agenda but Not Listed for Public Hearing or on Matters Previously Considered by the Board or Matters that are Pending Before the Board. ▶ jump to 202:10
  23. 23 Public Hearings:
  24. 17. SP202400005 Tandem Friends School Increased Enrollment. PROJECT: SP202400005 Tandem Friends School Increased Enrollment MAGISTERIAL DISTRICT: Scottsville TAX MAP/PARCEL: 09100-00-00-002A0, 09100-00-00-002C1 LOCATION: 279 Tandem Lane PROPOSAL: Request to amend previously approved Special Use Permit SP201900007 to permit an increase in the student enrollment of a private school from 250 to 400 students, at an existing private school campus on a parcel of approx. 24.51 acres. PETITION: Private school, in accordance with Section 13.2.2.5 of the Zoning Ordinance. No dwelling units proposed. ZONING: R-1 Residential – 1 unit per acre OVERLAY DISTRICT(S): EC – Entrance Corridor Overlay District; AIA – Airport Impact Area Overlay District; and Steep Slopes – Managed COMPREHENSIVE PLAN: Neighborhood Density Residential – residential (3-6 units/acre); supporting uses such as places of worship, schools, public and institutional uses and small-scale neighborhood serving retail and commercial; in Neighborhood 4 in the Southern and Western Urban Neighborhoods Master Plan area. 24-306 ▶ jump to 233:25
  25. 18. SP202400003 Olivet Preschool Increased Enrollment Request. PROJECT: SP202400003 Olivet Preschool Increased Enrollment Request MAGISTERIAL DISTRICT: Samuel Miller TAX MAP/PARCEL: 04300-00-00-00800 LOCATION: 2575 Garth Road PROPOSAL: Amend existing special use permit (SP201500009) for a day care/preschool to increase maximum enrollment from 24 students to 48 students within the existing church and to increase the time of operation from 8am-1pm to 8am-2pm. PETITION: Sections 10.2.2.7 and 5.1.06 of the Zoning Ordinance to allow a day care/preschool. ENTRANCE CORRIDOR: No ZONING: RA Rural Areas - agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots) OVERLAY DISTRICTS: None COMPREHENSIVE PLAN: Rural Areas – preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (0.5 unit/ acre in development lots) in Rural Area 3 in the Comprehensive Plan. 24-307 ▶ jump to 274:40
  26. 19. Public Hearing to Consider Easements Adjacent to 999 Rio Road East. To consider granting a 20’ public utility easement and a variable width grading easement to the Albemarle County Service Authority and 999 Rio LLC, respectively, across an emergency access strip owned by the County (Parcel 062F0-00-00-000E2). This easement is to facilitate the development of the adjacent 999 Rio Road East property. 24-332 ▶ jump to 286:50
  27. 20. ZTA202300002 Personal Wireless Service Facilities. To receive comments on proposed amendments to the following sections of the Albemarle County Code: Section 18-3.1 – to add and update existing definitions. The changes include changes to comply with State and Federal rules and regulations. Changes to the definition of avoidance area will permit administrative review of clustered facilities and facilities in agricultural/forestal districts. Changes to the definition of concealment elements of eligible support structure will permit treetop towers to be 30 feet above the height of nearby trees instead of 10 feet. Section 18-4.21 – to allow small cell facilities by right in all zoning districts provided that they are in compliance with §15.2-2316.3 of the Code of Virginia and notice is provided to the County. Section 18-5.1.40 – to increase antenna projection from 12 inches to 6 feet to 20 feet depending on the type of facility; to eliminate limits on monopole diameter, size of antennas and the number of antenna arrays. 24-316 ▶ jump to 295:35
  28. 21. From the Board: Committee Reports and Matters Not Listed on the Agenda. ▶ jump to 415:05
  29. 22. Closed Meeting (if needed). ▶ jump to 419:02
  30. 23. Adjourn to August 7, 2024, 1:00 p.m. Lane Auditorium. ▶ jump to 422:00
  31. 31 page break
  32. 32 CONSENT AGENDA
  33. 8. FOR APPROVAL (by recorded vote):
  34. 8.1. Approval of Minutes: September 21, 2022, and October 5, 2022. 24-314
  35. 8.2. Fiscal Year 2024 Appropriations. 24-322
  36. 8.3. Fiscal Year 2024 Virginia Department of Health (VDH) Local Government Agreement. 24-318
  37. 8.4. Schedule a Public Hearing for the Cost Recovery Ordinance. 24-331
  38. 8.5. Schedule a Public Hearing for Compensation Increase for Planning Commission and Other Appointed Boards. 24-333
  39. 8.6. Secondary Six-Year Plan Hard-Surfacing Rural Roads Resolution. 24-319
  40. 8.7. Proclamation Recognizing the 50th Anniversary of Albemarle High School’s Graduation Class of 1974. 24-338
  41. 8. FOR INFORMATION (no vote necessary):
  42. 8.8. Rivanna Water and Sewer Authority (RWSA) Quarterly Report. 24-328
  43. 8.9. Albemarle County Service Authority (ACSA) Quarterly Report. 24-327
  44. 8.10. VDOT Monthly Report (July) 2024. 24-315
  45. 45 page break
  46. 46 Thank you for attending today's public hearing. During the 2024 Calendar Year, the Chair is Jim Andrews and the Vice-Chair is Diantha H. McKeel.
  47. 47 Opportunities for the public to access and participate in this meeting are posted on the Albemarle County website on the Board of Supervisors home page and on the Albemarle County calendar. Participation will include the opportunity to comment on those matters for which comments from the public will be received. During the time set aside for "From the Public: Matters on the Agenda but Not Listed for Public Hearing or on Matters Previously Considered by the Board or Matters that are Pending Before the Board" (“From the Public”), individuals are allowed three minutes to speak. Up to 10 persons may speak during each “From the Public” session. The 10 speakers are determined on a first-come, first-served basis. Each speaker may speak at only one “From the Public” session at each meeting. The sign-up period closes when “From the Public” begins. Electronic presentation materials may be displayed by a member of the public provided it is emailed to the Clerk at least 48 hours in advance of the Board meeting. . During Public Hearings, the Board will only acknowledge speakers addressing the item listed for Public Hearing. Speakers are limited to one appearance of three minutes per public hearing item, unless otherwise decided. Applicants are limited to a ten-minute presentation of their proposal and are allowed a five-minute rebuttal at the close of the public hearing. To speak during Public Hearings and "From the Public” Albemarle County community members may sign up online in advance of the meeting at https://albemarle.legistar.com/Calendar.aspx. Click on eComment for the select meeting. To create an account, click on the sign-up link at the top right corner of the eComment webpage. Community Members who are unable to sign up in advance of the meeting may do so during the meeting either through the webinar chat or in person, provided there are remaining slots available. If you require assistance, please contact the clerk’s office at clerk@albemarle.org or call 434-296-5843. Time keeping is conducted by the Clerk. In order to give all speakers equal treatment and courtesy, the Board requests that speakers adhere to the following guidelines:
  48. 48 Time keeping is conducted through a timer and a light system at the podium. The green light will go on when you begin speaking and this begins your allotted time; a yellow light indicates you have one minute to finish your comment; a red light indicates your time has expired. In order to give all speakers equal treatment and courtesy, the Board requests that speakers adhere to the following guidelines: • When called to the speaker's podium, state your name and magisterial district • Address comments directly to the Board as a whole • Give written statements and other supporting material to the Clerk • If you represent a group or organization, you may ask others present to raise their hands and be recognized • If you exceed your allotted time, you will be asked to end your comments • If a speaker does not use all allocated time, the unused time may not be shared with another speaker • Speakers are permitted one opportunity to comment during each of the public comment periods per meeting • Back-and-forth debate is prohibited • Do not speak from your seat or out of turn • Persons in the audience are encouraged to raise their hands to indicate their support or opposition to speakers at the podium or any item during the meeting • Please refrain from applause and other forms of approval or disapproval, as a courtesy to each speaker • Signs are permitted in the meeting room so long as they are not attached to any stick or pole and do not obstruct the view of persons attending the meeting
  49. 49 All comments are live streamed, recorded and published on the Albemarle County website. Please turn all devise notifications to vibrate.
  50. 50 Clerk, Board of County Supervisors 401 McIntire Road Charlottesville, Virginia 22902-4596