Board of Supervisors Regular First Meeting   11/4/2020

I pledge allegiance to the flag of the United States of America.

Thank you very much.

And board, we are now at number four, adoption of our final agenda.

Right, call the vote.

Palmer?

Yes.

LaPisto-Kirtley?

Aye.

Mallek?

Yes.

McKeel?

Yes.

Any announcements?

That's it.

Supervisor McKeel, announcements today?

Thank you.

Right, Supervisor Malle.

Not right now, thank you.

Supervisor Price.

Thank you.

Supervisor LaPisto-Kirtley.

Thank you.

I do not have any announcements today.

And Trevor, I believe you're handing to you for the moment.

Thank you.

You're muted there, Mr. Culp, if you are on.

Thank you.

There you go.

So thank you very much.

Supervisors wish to make any comments?

So thank you.

So thank you, Mike.

Who got number one?

Thank you all for supporting the IT organization like you do, and we'll continue to support you, so thanks again.

It's just another indication of the great work that you've done for our residents.

Thank you.

All right the next item we have a resolution for Veterans Day and Supervisor Price will be reading that motion.

Ms.

Price?

Aye.

LaPisto-Kirtley?

Aye.

Mallek?

Yes.

Very good.

Would you like to make any additional comments on this resolution?

I know it's a large number.

Yes.

Yeah, I guess when we take into consideration the Rivanna base, that really heightens the number pretty.

I think it's several thousand, but I don't have a good number off the top of my head.

I don't need an exact number, but I just wanted to say that I just wanted to point out that we have thousands of veterans in our community, and they're of huge importance in our community, and we thank them.

I love our veterans and everything they do for us.

Okay, all right.

I think that would be really wonderful.

That's a great idea.

We've done that in the past and I think they would really like that.

and bring it to the American Legion Post next Wednesday.

And Travis, I'm sure we're doing this, but we need to make sure that when they're requested that we get a contact and ask if you'd like to have it mailed, and I'm sure you're doing that.

So thank you.

Thank you.

Thank you very much.

All right, very good.

So Vice Chair Price, if you would handle the protocol.

Thank you, Chair Galloway.

And who's our first sign up today?

Our first speaker is Gary Grant.

Good afternoon.

Can you hear me?

Good afternoon.

Best regards for a productive meeting.

Our next speaker.

Our next speaker is Neal Williamson.

Good afternoon.

Thanks for the opportunity to speak.

Do we have any other speakers today?

Oh, looks like we have one person just raise their hand.

All right.

Next speaker is Maynard Sipe.

Hello, are you there?

Sir, you may need to unmute your microphone.

Terry Bentley speak.

So we've got actually three people that wish to speak?

And rather than have each of them log in separately, we could each state our names and speak.

All right, go ahead.

All right, I'll pass it to Mr. Harris.

With each new speaker, if you'll just introduce your name, just so that that's on the record so that we have each individual speaker.

And if I have crossed my T's and dotted my I's and did everything that they asked me, I don't see why that I would be denied at any cause of the special exception.

Mr. Harris, your time has expired.

Thank you for your time.

Our next speaker.

Thank you.

Are there any other speakers tonight?

We did have one more sign up, Waukee Nguyen.

Hello?

You may need to unmute your microphone.

Are you there?

It's just it's echoing, so it's making it difficult to understand even with the word caller.

Is there a chat option where we can see if... Are you asking to call back on a phone line for a better audio connection?

Yes.

If you send me a chat with the phone number, I can get that pulled up.

Yeah, yeah.

If it's possible to get it down to one device that may correct the echoing.

to you.

Mmm...

Do we have a phone number?

We're working on getting that phone line set up for them to call back in.

Are there any other folks signed up today?

Fair enough.

And then once finished, we'll hopefully have our speaker ready to go and we can pull them in to speak.

Mr. Chair, the phone caller has just connected by phone.

We'll just plug them in for her.

You may need to dial star six.

And you guys have a fantastic day.

Appreciate everyone's patience getting the last speaker in.

So moved as amended.

Second.

All right.

Yes.

Stacy, am I?

And so the motion language was created to separately address this particular item.

And just to clarify before Stacy, where we answer questions, the language is execute attachments A, B, C, and D and the board approve attachmenting?

Adopt and authorize the county executive to execute attachments A, B, C, and D and then the other read attachmenting.

Stacy, anything to add here?

And these are simply the documents that need to be certified in order for us to receive the CDB Community Development Block Grant funds for Southwood Project.

Any questions by supervisors?

I guess I just want to make sure.

Nothing has changed with the attachments whatsoever.

All right so the motion needed is motion two for the board to adopt and authorize the county executive to execute attachments A, B, C, and D and that the board approve attachment E. So moved.

Second.

Albemarle?

Yes.

McKeel.

Do anybody have questions about that item or Mr. Kantender do you want to speak to it?

Just briefly, this item may not need to come back at all or it needs to come back after some procedural requirements are satisfied.

Supervisor Malek, you had a question?

When looking at the maps, it looked as if the old dotted line was some old road layout and the new one actually shows where the roads really are and the old bridge really is, am I correct?

Thank you.

Correct.

This is HS-2019-26 Northfield Manor, and Bart, you're with us today leading us through this, and others, I would imagine?

Picture of a house?

Yes, it's there.

So that concludes staff report, available for questions.

Supervisor Palmer, your first questions?

Can you confirm that I'm correct, Barth, that this is any special exception that we grant for this property goes with the property, not the individual owner?

That is correct.

This is something that if the property were to be sold we would have somebody different and they would still have this right if this special exception was granted.

Yes ma'am.

Thank you.

Supervisor McKeel, any questions?

So it's fenced and gated.

Yes, there is actually an additional gate in the front also now.

Okay, so there's another gate there.

Yes ma'am.

But I'm just curious as to how the special use exception would impact that backlot.

We would have to develop a condition if it was considered an impact back there to either prohibit or limit use.

You had the distance between the homestay and the closest neighbor.

Yes.

Just refresh my memory.

When we talk about the 125, that particular rule doesn't apply in the zoning district.

Right now, that's all I have.

Supervisor Malek.

So thank you for that extra information.

I'm not sure if that was directed to me or to Bart.

I hope that helps.

So thank you for the answers.

All right Supervisor Price.

My understanding is that the property in question is the entire property between Old Brook and Northfield, correct?

That is correct.

Okay, now that view appears to show a back gate on Old Brook Road.

Yes.

Those don't appear to be associated with the reconstruction or development of the home itself.

but currently the house is under construction and what it appeared to us is that the equipment out there today is related to the renovation.

Thank you.

If you're speaking, you are muted.

Thank you very much.

Is that correct?

in that backspace, we didn't have discussions about limiting the back, at least I did not have discussions with them about limiting any part of the backspace.

So if you go back to your overshot picture, there does seem to be on the other side of the fence, it's like a covered area or something.

Yeah, there's a gazebo there.

But in terms of, I don't know, if more parking, would more parking be allowed back there?

and there may be a need I guess because this is a separate house but you know there may be some overflow parking required if guests show up separately that would be occupying the same guest room as opposed to one vehicle yeah yeah now that area right behind the house that's like a patio yes yes so this area here there's a large patio there it's kind of directly accessible from the basement where the guest rooms are located

Was the compelling reason that we approved that one because it was in a tourism zone?

Yes, in staff's report that was one of the factors cited as favorable as that was located within that zone.

Where are other tourism zones?

I believe that's the only one is in the Crozet area.

It is correct.

Correct my understanding but if the board were to approve this and there was something disobeying covenants then the county doesn't supersede or override any disagreements with HOA

The zoning regulations and HOA covenants exist independently.

So we wouldn't be in, I mean, I'd hate to see something proceed, but regardless of our decision, that's an item, that's a whole separate item that has to be worked out.

Yes.

Are we just trying to say it can't be in the front?

That was about the parking and that's actually where the photograph we were looking at has no guest parking as a result of trying to mitigate parking behind the house or behind the fence.

Is that the logic here?

There is space here where you could put cars also in the back.

It was not being proposed to be anything but office or personal space or something?

Although it does have all the components in it that qualifies it as a single family house.

I just saw that, I thought I saw the language.

Yes, so currently both structures have active building permits and they have not been finaled.

So you can't be there yet.

But that's the intent.

alternate conditions requires the residency.

Supervisor McKeel, you had an additional question?

And I'm trying to get at the home occupations and what else would be happening on that back lot.

There are some earth moving equipment out there, but they're still doing some grading here in the back last time I was out there, which was last week.

And I'm just looking at the size of this property and if in fact he's going to move to this house and he keeps his home occupation, he would have to operate it out of this facility, this house.

It would be a ministerial act by us as far as staff approving if he meets the checklist of conditions there.

I appreciate it.

Are there any additional questions?

But someone can clarify that for me as well.

Also Rebecca Ragsdale is here with us also.

Lisa, if you're talking, you're muted.

Can you hear me now?

Yes, ma'am.

That I believe would come before you all.

If the board is concerned about the intensity of the use, if the home stay were approved and then a home occupation was sought, the board can impose a condition that would not allow any home occupations.

some types of home occupations and staff needing to get out and enforce them and at times it's very difficult to enforce.

So, but thank you.

Rebecca, is there anything you'd like to add?

Anything further that was proposed?

So thank you.

Supervisor Baum?

Thank you.

Supervisor McKeel.

Thank you.

You are muted.

landscaping and the backyard use for the back lot so there's no concern about that and the all the other conditions that the staff has already thought of.

Thanks.

And so I will not be able to support it.

Supervisor LaPisto-Kirtley?

Thank you.

But even if this special exception is denied and the buy right uses for two rooms, that's still allowed to move forward because that's a buy right allowance under the current ordinance.

Correct.

that us denying a special exception wouldn't prevent any large scale events from going on.

Yeah, the personal private birthday party, you know, family reunion, those sorts of things would be permitted as part of the Accessory to Residential.

I'm just trying to think of what are the things in place that if an event is held that could be used to help accommodate negative impacts that start to emanate from the event.

But the typical birthday party graduation kind of thing is permitted.

So that's where the conditions and the impacts really have to be mitigated or attempted to be mitigated.

You know that's an occasional use as opposed to what could be a weekly or a couple times a month use.

Just doing a kind of a head count here, I would defer a motion, a different motion than me putting one forward for approval if one wants to make the motion.

I move that the board adopt the attached resolution attachment G to deny the special exception application.

So it just notes that the board considered all the comments instead of just the written comments.

Okay, as amended as with Greg Cameron.

I tried to jump in before the motion and I have the mute button on.

I will second it as amended.

Palmer?

Yes.

McKeel?

And then Bart, I know that that'll be communicated as proper from here forward.

Yes, sir.

All right, thank you very much.

Thank you.

Oh, so it looks like my page is mixed up.

We are back from recess and we have our work session this afternoon.

And Rachel and team, I'll hand it off to you and get started.

So to kick us off, I'm going to turn it over to Michaela Acardi to give a little bit of project background and a status update for you all.

Thank you, Michaela.

And I'll hand it back over to Rachel.

So right now I'll pause for any questions or comments from you all and turn it back over to you.

All right, Supervisor Palmer, any questions?

We're just doing questions now or questions and comments.

I think we can do both, maybe in one round.

Thank you.

Supervisor McKeel.

I'm just asking that question.

We don't feel we're at that point right now with Rio 29 but potentially in the future once we have some new development that might be an opportunity to revisit that discussion.

And that makes sense to me, right?

Right, exactly.

I guess I'm just trying to figure out what lane we're in and where we may be going with this.

I'm not sure where the tipping point is, and I would probably pass it to Doug or Lance if they want to speak to that.

And I would expect that that would continue as we continue to understand what it means to have attractive, appealing, viable, productive, activated urban spaces.

I'm very excited about this proposal and I thank you very much for the opportunity to look at it now.

Supervisor Mallek?

Yes, this is really exciting and the five or eight years before 2011 are all in the rearview mirror, but it was a long time ago.

Supervisor Mallek, if you could ask you to hold, you're getting some sort of weird electronic sound with your voice.

We'll go to the Supervisor Price.

And I just want to make sure that there is not an undue burden placed upon the developer for the costs of some of this construction.

We've seen that in other localities that we've researched and it seems to work pretty well so that you don't overburden a single property owner with a really expensive space.

Thank you.

Supervisor Malle, want to give another go?

Is this clearer now?

Yes ma'am.

I'm glad that helped.

Thank you.

You're muted there.

Those are my one supported and one not so supported.

There's time for this, but if you'd like to.

So we're trying to build in options as much as we can.

Thank you.

Supervisor LaPisto-Kirtley.

So when we have large parcels of land and you said that we would own them, would it be anything that is current or only something that is newly developed?

It would be for properties that would be newly developed under the form-based code.

Thank you.

I don't know what the hit to operations would be and I don't know if staff in exploring what pocket parks look like or street maintenance and other similar areas like you've gone and found pictures and I know you've been looking to other comparable areas to build the form-based code but as staff looked at and go okay if we had a pocket park of a certain size have you put any sort of guess to how much that would cost in terms of maintenance, staffing, what have you?

But I know Lance has had a lot of experience in other localities where he's maintained spaces like this before so could easily provide some kind of magnitude of scale costs for different types of spaces.

Or is that just certain places or is that the entire standard?

Initial conversations with VDOT is that they would not probably agree to maintain that, that wide of a sidewalk.

So you could nitpick your different types of uses and say which ones could be assessed tax in the service district?

Yes.

Would that fall into general government services or would that be?

That seems to fall within the scope of the other types of services that are excluded from service districts, schools, police.

And then are you allowed in a, without having a service district or you need a service district that other taxes could be specified for specific use in an area?

service district law that allows additional taxes to be imposed for things such as sidewalks.

So I didn't know if that was, I'm trying to think of other mechanisms other than just a service district that could be a potential use or tool.

seven of attachment.

Some of the extra ones I just didn't know if you could take a meals tax or a cigarette tax and go okay we're going to apply that to a very specific area and use the read the the income from that

Are you talking about earmarking the revenues generated or having the tax apply in a specific area?

Ward, anybody else have any other additional questions or thoughts?

I do.

Yes.

Thank you.

Any additional comments or comments?

I'm not talking about a lot more homes, but I'm talking a little bit more to get something nice out of it.

that the current zoning doesn't allow.

Rachel, it sounds like while we answered the question on the screen, was there other information that we needed to provide?

So we are doing our best to meet that goal and look forward to hearing your feedback when we come back in December.

Thank you, Rachel.

Getting it right is much better than getting it fast, so we really appreciate it.

All right, thank you very much.

Do we have the closed meeting motion ready?

I move that the board go into a closed meeting pursuant to section 2.2-3711A of the Code of Virginia under subsection 1 to discuss and consider the annual performance of the county executive and 2 to discuss and consider appointments to the Monticello Area Community Action Agency Board and five county advisory committees Second Ms.

Palmer

Yes.

LaPisto-Kirtley?

Aye.

Mallek?

Yes.

McKeel?

Yes.

Okay, you're good to go.

We are coming out of our closed meeting.

Do we have the closed meeting certification ready, Supervisor LaPisto?

Second.

LaPisto-Kirtley?

Aye.

Mallek?

Yes.

McKeel?

She got a yes, but you were muted there too.

Yes.

Motions coming out of closed meeting.

Audrey Coker, and to the Solid Waste Alternatives Advisory Committee, Margaret Eldridge.

LaPisto-Kirtley?

Aye.

Mallek?

Yes.

McKeel?

Yes.

We appreciate their applying and stepping up to volunteer.