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HomeMy WebLinkAboutZMA198100012 Approval - County 1987-01-07159 January 7, 1987 (Regular Night Meeting) (Page 4) (Note: The conditions of approval are as follows:) 1. Compliance with Section 5.6.2 of the Zoning Ordinance; 2. Location and/or screening of the mobile home to the reasonable satisfaction of the Zoning Administrator to provide screening from Route 704; 3. Access to mobile home shall be from the existing entrance only; 4. Mobile home to be removed within a reasonable time after the termination of the occupancy of the property by the latter occupant of either Mr. or Mrs. Simpson. Agenda Item No. 13. ZMA-81-12. S. L. Williamson Company, Inc. Resolution of intent by the Board of Supervisors to rezone from NR, Natural Resource Overlay, to R-4, Residential, the land subject to ZMA-81-12, S. L. Williamson. Property is part of Dunlora Estate and is located on east side of Rio Road (Rt. 631) opposite the VO-TEC Center. Tax Map 62, parcel 16 (part of) Rivanna District. (Advertised in the Daily Progress December 26, 1986, and January 2, 1987.) Mr. Horne gave the following staff report: "During review of ZMA-85-27 and SP-85-77, the Planning Commission instructed the Deputy County Attorney to investigate dredging activities at the Rivanna River. As a result of the investigation, the company involved has: 1) Withdrawn ZMA-85-77; 2) Abandoned its dredging operation near Key West; 3) Stated that it will not object to repealer of ZMA-81-12 and SP-81-10. Staff recommends that ZMA-81-12 and SP-81-10 be repealed thereby restoring the underlying R-4 zoning. The Planning Commission may wish to review other recommendations of the County Attorney's Office." Mr. Bowie said the last time this item was discussed, he had asked a question about a bond, and other agencies that might be involved. There was a question as to restoration of the area. He asked for a status report. Mr. Horne said the County does not hold a bond. This is a mining activity so is exempt under State law from the provisions of the erosion control ordinance. There is, however, a bond being held by the State Division of Mining and Reclamation. He talked with them yesterday, and they will continue to hold the bond and work with the County through reseeding and regrading work which should take place this Spring or Summer. The bond is in the amount of $1,000 an acre. Mr. Horne said he viewed the site yesterday, and it lies right along the river bank so is essentially all sand with the natural vegetation being very sparse. He, personally, feels that the work proposed by the Division of Mining is adequate to restore the area to its previous condition. The public hearing was opened. Mr. Kent Sinclair said he was present with a neighbor, Mrs. Jan Schwab, who wished to express their favor of the Board taking this action. He thanked the Board and its support staff who have considered this matter. He said this is about the sixth meeting that he has attended on this matter. He has gotten good treatment, and is proud of County staff, especially the Deputy County Attorney, Mr. Fred Payne, who wrote the report to the Board. Mr. Sinclair said that while the residents of Key West have learned a lot from this experience, he is not sure the County as a whole has because this was a special use permit which had about eight conditions attached, and he does not believe any of the conditions were complied with. Whichever member of County staff was to be sure that the conditions were complied with, either could not, or did not, and Mr. Payne suggested in his report that some mechanism is created to prevent this happening again. There being no one else from the public present to speak, the public hearing was closed. Mr. Bowie said one reason he waited for the public session was to be sure there was no damage the Board did not know about. If there is, it apparently is not a county problem since the bond is held by the State. The only matter before the Board is repeal. Monitoring of these permits falls to either the Zoning Administrator or the County Engineer, and neither was present during any of the discussions of this matter. Mr. Bowie said he made two com- plaints on behalf of constituents, and for some reasons those were not listed as complaints. But the complaints made through the Board and in person, did, some time ago, start the process which is ending tonight. Mr. Agnor said that one of the recommendations in Mr. Payne's report is that the actual issuance of a physical permit be initiated. In the past, the special permit was done by letter and memorandum to the applicant. No one who receives a special permit in the future, will actually get the permit until all of the conditions have been physically checked. Mr. St. John said the staff has been thinking about adding an additional condition to this kind of permit that says that in return for the permit, the applicant agrees that the zoning administrator or county engineer can go on the property to inspect. If the County does not have that as a condition, neither of those people can go on private property without a search warrant. That is one problem that must be dealt with on enforcement. Mr. Bowie offered motion that ZMA-81-12 and SP-81-10 be repealed and the underlying zoning of R-4 be restored. Mr. Lindstrom seconded the motion. There was no further discus- sion. Roll was called and the motion was carried with the following recorded vote: ISO January 7, 1987 (Regular Night Meeting) AYES: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. NAYS: None. Mr. Lindstrom asked about the recommendations in Mr. Payne's memorandum, and if there were any action the Board needed to take to implement those recommendations. Mr. Agnor said the staff has already begun work on this matter. Agenda Item No. 15a. Appointments: BOCA Code Board of Appeals. Agenda Item No. 15b. Appointments: Fire Prevention Code Board of Appeals. Mr. Bowie offered motion to appoint Mr. Bruce Locker to the BOCA Code Board of Appeals for a term expiring on August 21, 1990, and to the Fire Prevention Code Board of Appeals for a term expiring on November 21, 1988, and to appoint Mr. William C. Thacker to the BOCA Code Board of Appeals for a term to expire on August 21, 1991, and to the Fire Prevention Code Board of Appeals for a term to expire on November 21, 1991. Mr. Way seconded the motion. There was no further discussion. Roll was called and the motion was carried with the follow- ing recorded vote: AYES: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. NAYS: None. Agenda Item No. 15c. Appointments: Equalization Board. Mr. Way recommended that Mr. Thomas A. Allison be reappointed for 1987; Mr. Bowie recommended that Mr. William L. Howard be reappointed for 1987; Mrs. Cooke recommended that Mrs. Barbara Staples be reappointed for 1987; Mr. Henley recommended that Mr. Louis Rauch be reappointed for 1987; and Mr. Lindstrom recommended that Mrs. Sharon Hamner be reappointed for 1987. Mr. Lindstrom offered motion that all of the above be reappointed to the Equalization Board. Mr. Bowie seconded the motion. There was no further discussion. Roll was called and the motion was carried with the following recorded vote: AYES: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. NAYS: None. Agenda Item No. 16. Other Matters Not Listed on the Agenda from the Public and Board. Mr. Agnor said the public hearing on the closing of Elk Drive was set for February 18 and it has since been found that a public hearing is not actually required. Mr. Bowie said he had told his constituents that a public hearing would be held, and he felt the Board should continue with this procedure. Mr. Fisher said the Board still has the question of a statement for the Highway hearing next week. Mr. Lindstrom said it is obvious the Highway Department is aware of the Board's pending statement concerning the improvements to Route 29 North. However, if the Board members believe it is critical that a Board member attend this meeting, he will go. Mr. Agnor said he thinks it would be appropriate for a staff member to attend this meeting. There is a meeting scheduled with the Highway Commissioner on Friday with the City/County/ University committee, and he feels that Mr. Fisher might indicate to Mr. Pethtel at that time that no Board member will be present on the following Wednesday. Mr. Bowie said he feels it would be a mistake not to get something into the written record every time there is the chance. Mr. Lindstrom said since there are other communi- cations going on with the Highway Department, he thinks it would be sufficient to follow that up with a written communication. Mr. Bowie agreed. Mr. Fisher suggested that the staff put together a statement, send the draft with next week's agenda information, and if any Board member has a recommended change, to call and give that change. Mr. Lindstrom made mention of his proposals for reconstruction of Route 29 North which he made to the Board on December 4, 1986. One thing that concerns him is that one of his proposals cannot be done if the Highway Department's proposal is begun. In order to study Mr. Lindstrom's proposal, or anything of a similar nature, the Hi� Deiart nt needs. to give enough time for the study to be done. One of the things the RCcimmii'ee"de'dide'dto do was ask if the Route 29 North project could be deferred for a period of time without losing the money already allocated to the project so that a study of all alternatives could be under- taken. Mr. Lindstrom said he has spoken with each member of the Committee who is going to Richmond on Friday, and none have objected to his going along on the promise that he will "keep his mouth shut" unless it gets to the point where the Commissioner says that there is nothing else to study, and the Highway Department intends to go ahead with its proposal. If any Board members objects to his attending the meeting, he will defer to those wishes, and not attend. There were no objections expressed. Agenda Item No. 17. Adjournment. With no further business to come before the Board, the meeting was adjourned at 8:23 P.M. �{ ^ 1;II env