Board of Supervisors Regular Second Meeting   8/16/2023

Ms.

Mallek?

Yes.

McKeel?

Yes.

Price?

We thank you for your presence here today and for the service that you and your colleagues perform every day to keep us safe.

I would now ask for those who are present if you will stand as you are able and join in the Pledge of Allegiance.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Thank you.

I would also like to comment how our hearts and thoughts and prayers go out to the people in Hawaii who have just suffered through that horrible fire, the most deadly in American history in many, many years.

And I believe it is without amendment.

Second.

Without objection, if the clerk will call the roll.

Christ, Mr. Andrews

Thank you very much.

Supervisor McKeel.

I just realized I guess I should tell people how to get to these.

But if you are not and don't wish to, you can also go to the website and under the news section, recent headlines would be a copy of that newsletter, which has links to all of the current survey opportunities by VDOT, the MPO, and the county itself.

Thank you.

Supervisor LaPisto-Kirtley?

Bye.

Supervisor Andrews.

That is available on engage.albemarle.org.

And so anything else, supervisors?

Just something as we talk about climate change and how we're dealing with it in Albemarle, another something to maybe put on our list to think about.

Supervisor LaPisto-Kirtley.

Believe me, that's the only one I know.

So the new list is posted.

Is it a draft?

No, it is final.

Thank you.

I'm done, thanks.

Thank you.

Absolutely.

700 employees they lost in the recession.

All right, thank you board.

Supervisor Malek, turn the floor over to you.

Signed this 16th day of August 2023, Donna Price, Chair.

Without objection, if the clerk will call the roll.

Malek?

Yes.

Price?

Aye.

Mr. Andrews?

Yes.

Mr. Andrews?

Yes.

Nicole's finding him.

One more time, Mr. Andrews, for your vote.

Yes.

Thank you.

Good afternoon.

So in closing, thanks again to the Albemarle County Board of Supervisors for recognizing Women's Equality Day and for your continued support of all the women and girls of Albemarle County.

Thank you.

There we go.

Thank you.

Supervisor Mallek.

Appreciate it.

Supervisor McKeel.

Thank you very much.

Supervisor LaPisto-Kirtley?

And it was wonderful to have the proclamation for you.

Supervisor Andrews?

All right, thank you.

Thank you all for being here today.

So I encourage everybody to go.

Thank you.

I've just asked if Supervisor McKeel would read the procedural rules for matters from the public.

And today, our one speaker is Neil Williamson.

Good afternoon.

Thank you.

And that's our only speaker confirming with the clerk?

That is correct.

Thank you.

So the floor is open for a motion to adopt the consent agenda.

Second.

Without objection, if the clerk will call the roll.

Christ?

Aye.

Mr. Andrews?

Part of the calendar that we set for the community knowledge at the beginning of the year was to ensure that county staff had an opportunity for holidays and so I do hope that we'll be able to finish by 5 o'clock on that date.

Duly noted, thank you.

Thank you, board.

Good afternoon.

Now I'm going to go ahead and turn it over to my partner Chris Musso with the Berkeley Group who will review their comparative analysis and study conclusions.

Good afternoon.

And again, thank you for your time.

Thank you.

And with that, I'd like to thank you for your time and consideration and open the floor for questions.

Supervisor Mallek?

So would electrical and footings and plumbing all be different types or are they all one type involved with construction?

They are different types of inspections.

OK, so that would be basically 10 or more covered in the bundle?

That's right.

Great.

Thank you.

Supervisor McKeel?

Emilia kind of knows what I'm asking, I think, so I'm rambling.

This gives us time to get the word out, you know, to let people know, to put it on the website, to put it in the front office, and so people who then, after July 1, are making applications or July 1 forward are making applications, they'll be subject to the new fees.

The only other question I had was I saw a recommendation I believe, Dave, that we should be looking at these fees every three to five years.

That's right.

Just curious as to how we get that into our culture.

We'll continue to do this at regular intervals over time.

Yes, ma'am.

That will be me right now.

Yes.

You will still be doing that vis-a-vis a newspaper.

That's right.

But that's what I was wondering about, if there are any new advances in notification beyond mailing and newspaper.

And like I said, I'm not sure that's changing.

And I'm very supportive of what you're doing.

Supervisor Andrews?

Thank you.

So the idea with consolidating to one code section is to obviously keep them in one place and then it makes it easier for us to update those fees and go to one spot instead of six separate spots.

That helps.

Anything further, Supervisor Mallek?

Thank you very much.

Thank you.

and so not trying to put Dave on the spot but Dave could you just point out some folks who are not here with regularity if you would please and if you just raise your hand stand up because we can't see them can you have them stand up yeah please if you would just stand up for the folks that are in zoning and absolutely we've got Michael Dillinger building official yeah our building official that's right Cameron he's back there one of our planners Lisa Green

I'll get used to this, I promise.

So thank you all.

Thank you, Chair.

Thank you.

Thank you.

Mr. Richardson, good afternoon.

Thank you.

That's the trick.

Thank goodness board, that's it.

I apologize.

Supervisor Malek.

So thank you very much to Jeff and the staff.

Supervisor McKeel.

It's really great.

No, what was that figure?

So he can give you the figure probably.

Supervisor Andrews.

Thank you.

Thank you.

And fast.

And so thank you so much.

Well, when you've got a plan and it's a good plan and you've got people and they're good people and you empower them, then you get things done.

Supervisor Mallek?

Thank you very much.

Supervisor McKeel.

Thank you.

Supervisor LaPisto-Kirtley.

That's all right.

We're all pleased to see and hear that Supervisor LaPisto-Kirtley has reached branched out to restaurants.

Yeah, because I've never eaten in a restaurant before.

Supervisor Andrews.

Very generous, very generous.

I would.

Thank you.

Mr. Richardson?

Supervisor LaPisto-Kirtley, if you will read the motion to go into closed meeting, please.

Second.

Without objection if the clerk will call the roll.

Price?

Aye.

Mr. Andrews?

Pleased to call the board back to order.

I do.

Second.

Without objection, if the clerk will call the roll.

McKeel, Yes Ms.

Price, Aye Mr. Andrews, Yes All right, thank you board.

All right, thank you.

Ragsdale, good evening.

And as I mentioned, the fire marshal is also here.

Supervisor Mallek.

I think it was.

101, Hunter's Way.

Well, it's been about, you know, can help me if it's estimate whether it's in safe distance from a hydrant.

And.

I also don't recall this being talked about when the issue was before the board in June for a warehouse, as far as the fact that this was another factor that should be taken into consideration for that approval.

That report focused on the criteria in the commercial district, the highway commercial regulations for granting an increase for that type of use, the warehouse use, but it does not have anything to do with water at all.

This proposal would not, is it because it's already surrounded by other uses that is built out, it's not considered the same thing as other requests which have been denied in the past, providing water to areas that would then provide the next adjacency for the next parcel, the sort of domino effect here.

requests for other parcels in Hunter's Way for water service type of water service.

Or 2440 or something to the east.

Yes.

All right thank you very much.

Supervisor McKeel.

Thank you.

Thank you, Supervisor LaPisto-Kirtley.

after the presentation.

Can you hear me?

Yes.

Or is this something that arose later in the review of the site plan?

And we didn't raise it as an issue with the square footage request because we were looking at it under that criteria and we knew that there were alternatives available where they could move forward with the warehouse use and provide other means of fire suppression without public water.

There are quite a few locations there that are fairly large facilities, it looks like.

You know, the fire marshal may know the ins and outs of the buildings more so than me, but we are aware that other warehouse uses have utilized a tank and other means that did not involve public water.

which I'm going to stop before answering that question and ask my last question, which is trying to understand the status of this area under the comprehensive plan and at what point could we be reviewing Hunter's Way under the comprehensive plan in light of the build-out?

The timing is such that you have just next month an opportunity to think about other parcels, but this request we needed to move forward and bring to you ahead of that for this individual parcel.

So if you go to number four... May I clarify?

I'm sorry.

The yellow is how parcels are highlighted in GIS and unfortunately it is very close to that

If you could go to number four, please.

Supervisor LaPisto-Kirtley.

Because there were other alternatives?

The request is for water service limited to what is necessary for fire protection.

Is that correct?

for that building.

Okay, and it was designated, I think, in the information that I read, if it's true, of course it's true, you wrote it, of course it's true, that they would be able to supply enough water for the sprinkler system, which they are required to put in.

with the fire marshal and the service authority.

But that could be solved perhaps what the report is thinking that could be solved vis-a-vis tanks that the other businesses use.

Yes.

Thank you.

Supervisor McKeel.

We're not dealing with the proposed warehouse tonight.

Yes, no, you're dealing with water service to the property.

So I'm sorry.

So the special exception to allow warehouse use within that 43,600 square foot building to be increased was approved in June.

Yeah.

Do we have anyone signed up to speak on this?

We do not.

No one else is signed up, right?

In person only or for applicant only?

Yeah, applicant only.

All comments are live streamed, recorded, and published on the Albemarle County website.

Good evening.

And with that, I'll invite Chris.

So thank you.

Thank you.

I appreciate you all's time, and I'm happy to answer any questions.

Supervisor Mallek?

Can one just tap into an existing high pressure line that's going to Rivanna Village?

Oh yes, it's done probably every day.

So you mentioned that different kinds of uses would be able to come in here if there was a sprinkler available and you mentioned a few, but how would this also allow this water sprinkler availability, a jurisdictional area to then have this change from perhaps an affordable warehouse district to a hotel or something else that is really desirable in the growth area proper?

That use, I think, could not be built here anyway because of the site area restriction.

So it does apply to this lot.

In fact, any commercial use does for the property, including our warehouse, which our warehouse is naturally low water user.

Thank you.

Anything further, Supervisor Malle?

I think that's where I am right now.

Supervisor McKeel?

Sure.

You sort of avoid the criteria altogether by falling under the building code, or you build your own system, or you connect to the public system.

Thank you.

Supervisor LaPisto-Kirtley.

Is that correct?

You would kind of divide it up with like temporary walls, not as a permanent structure.

So when you applied for the special use permit and you were granted the 43,000 square foot, you knew that you had to have a sprinkler system?

We just don't know quite how the board were to tell us if we can use the water for fire suppression.

But you agreed, you accepted the special use permit knowing that the condition was you had to be able to have a fire sprinkler system there and be able to provide water for that vis-a-vis tanks or, you know,

So yes, we did know those going in.

Thank you.

This is a very limited situation.

But there aren't any other, any other parcels in that whole area along there that access the public water system.

Right, correct.

Thank you.

Supervisor Andrews?

Is it too much to ask the order of magnitude of the cost of the system just so I can understand the hesitancy a little bit better?

They could go up from there.

Is this it?

So if we do that, you would not be able to continue that up Hunter's Way, for example.

So your hydrant would serve you, but it couldn't serve anything further than that?

If we build a six inch lawn, the state code prohibits further fire hydrants beyond that.

Is there anything else that we would want to be aware of that we would expect to see or the staff would be expected to see beyond the site review that would ordinarily accompany the construction?

And then if those products are all approved, we would submit, which two of them have been, we would submit the final site plan for the construction of the building and we go through staff.

All right.

I think we both have a question.

OK.

May I have a follow up?

Oh, sure.

But if the public access through the jurisdictional area is given to this lot, is that a different, some kind of plumbing size so that then it could very easily go around on the rest of Hunter's Way?

We're not trying to go any further than our one hydrant.

So if another proposal were to come in for this property, for this space, then that would be, they would have that opportunity to use public water.

It's limited service, not water service, so it's only would be only for fire suppression.

And it would be, I understand that it could only be used for fire suppression.

It has highway commercial zoning, so that flexibility might be there because we'd already have a building that has fire suppression, but it would be limited to fire service only.

I'm wondering because it obviously makes the property more valuable if they have that.

Right.