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HomeMy WebLinkAbout1988-08-17520 August 17, 1988 (Regular Night Meeting) (Page 1) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on August 17, 1988, at 7:30 P.M., Meeting Room 7, County Office Building, McIntire Road, Charlottesville, Virginia. PRESENT: Messrs. Edward H. Bain, Jr. and F. R. Bowie, Mrs. Patricia H. Cooke, Messrs. C. Timothy Lindstrom, Walter F. Perkins and Peter T. Way. ABSENT: None. OFFICERS PRESENT: County Executive, Guy B. Agnor, Jr.; County Attorney, George R. St. John; and County Planner, John T. P. Horne. Agenda Item No. 1. The meeting was called to order at 7:30 P.M. by the Chairman, Mr. Way. Agenda Item No. 2. Pledge of Allegiance. Agenda Item No. 3. Moment of Silence. Agenda Item No. 4. Consent Agenda. Motion was offered by Mrs. Cooke, seconded by Mr. Lindstrom, to accept the Consent Agenda as information. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. Item 4.1. Letter dated August 9, 1988, from Mr. D. S. Roosevelt, Resi- dent Highway Engineer, addressed to Ms. Helen Kandle, concerning the bridge over Jacobs Run on Route 743, was received as information. Mr. Roosevelt indicated in his letter that the bridge over Jacobs Run is not currently included in the County's Six Year Secondary Improvement Plan and he does not feel improvements require immediate revisions to the Plan! He will present information to the county at the time of review of the Plan to consider the bridge. Item 4.2. Letter dated August 3, 1988, from Mr. Oscar K. Mabry, Deputy Highway Commissioner, concerning addition of Route 1050 (Rivanwood Drive) and Route 1051 (Harrison Drive) added to the Secondary System was received as information. "As requested in your resolution dated June 15, 1988~ the following additions to the Secondary System of Albemarle County are hereby approved, effective August 1, 1988. ADDITIONS RIVANWOOD Route 1050 (Rivanwood Drive) - From Route 676 to a northeast cul-de-sac. 0.21 Mi. Route 1051 (Harrison Drive) - From Route 1050 to an east cul-de-sac. 0.13 Mi." Item 4.3. Letter dated August 10, 1988, from Mr. D. S. Roosevelt, Resident Highway Engineer, stating approval by the State Transportation Board, for use of Revenue Sharing Funds for four secondary improvement projects, was received as information. The project locations and amounts are: Route 729 at its intersection with Route 250 Route 810 near the site of the new Crozet Elementary School $200,0001.00 $100,000:.00 Route 708 at its intersection with Route 631 $100,000.00 August 17, 1988 (Regular Night Meeting) (Page 2) 521 Route 654 (Barracks Road) between the end of the four lane and Georgetown Road $600,000.00 The letter indicated that the estimated $1,000,000 cost for the projects will be split evenly between Department Secondary funds and funds generated by the County. County participation must be received prior to advertisement of any of the work. Item 4.4. Copies of Planning Commission Minutes for August 2, and August 9, 1988, were received as information. Agenda Item No. 5. ZMA-88-10. J. W. Sieg & Company. To rezone approxi- mately three acres from LI to C-1 for commercial neighborhood center. Prop- erty located on north side of Route 250 West, approximately one-half mile west of intersection with Ednam Drive. Tax Map 59, Parcels 23C, 23D and 23F. Samuel Miller District. (Advertised in the Daily Progress on August 2 and August 9, 1988.) Mr. Horne stated that the Planning Commission unanimously recommended deferral of ZMA-88-10 until its meeting on September 6, 1988. Motion was offered by Mr. Bain and seconded by Mr. Bowie to defer ZMA-88-10 until September 21, 1988. There was no further discussion. was called and the motion carried by the foliowing recorded vote: Roll AYES: NAYS: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. None. Agenda Item No. 6. SP-88-60. Dr. Mart~n Schulman. To allow for veteri- nary clinic on a 21.523 acre parcel, zoned RA. Property located on north side of Route 240 (Three Notch'd Road) across fro~ Acme Visible Records. Tax Map 56, Parcel 67. White Hall District. (Advertised in the Daily Progress on August 2 and August 9, 1988.) ~ Mr. Horne said the Planning Commission deferred SP-88-60 indefinitely; therefore no action is required by the Board.~ Motion was offered by Mr. Bowie, seconded by Mr. Bain, to defer SP-88-60 indefinitely and to readvertise when rescheduled for public hearing. There was no further discussion. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Messrs. Bain and Bowie, Mrs. Cooke, Meissrs. Lindstrom, Perkins and Way. None. Agenda Item No. 7. SP-88-45. Henry Pop:e & Mary L. Mikkelsen. To conduct a Home Occupation, Class B, for a pottery studio with kiln on .547 acres, zoned RA. Property located on northwest side of Route 601, approxi- mately two-tenth miles northwest of intersectlion with Route 676. Tax Map 43, Parcel 33A. Jack Jouett District. (Advertised in the Daily Progress on August 2 and August 9, 1988.) ~: Mr. Horne presented the following staff ~eport: "Character of the Area: The area is a mix of residential and agri- cultural uses. Currently occupying the Site is a single family residence, a large propane tank, and a sEructure which houses the kiln. Staff Comment: A Home Occupation Class A permit was administratively issued for this site on January 20, 19771 by a previous Zoning Administrator. The Zoning Administrator at that time apparently did not consider the kiln an accessory struciure. The kiln is located in 522 August 17, 1988 (Regular Night Meeting) (Page 3) an accessory structure. It is because of this discrepancy that the applicant is now seeking a Class B Home Occupation permit. The main complaint raised against this permit is the pollution caused by the kiln. One adjacent property owner has stated that discharge from the kiln has caused damage to trees and caused respiratory problems. Every Home Occupation must meet the requirements of Section 4.14 of the Zoning Ordinance which sets standards of perfor- mance. Concerning air pollution, the rules of the State Air Pollu- tion Control Board apply in Albemarle County. In order to determine that those standards are met, section 4.14.8 requires a certified engineer's report to be submitted to the County Engineer for approval. This report shall describe the proposed operation, of all machines, processes, products, and by-products. It must state the nature and expected levels of emissions or discharge to land, air and/or water of liquid, solid or gasseous effluent and electrical impulses and noise under normal operations, and the specifications of treatment methods and mechanisms to be used to control such emission or discharge. This Home Occupation uses an accessory structure which according to section 5.2.2.1(b) of the Zoning Ordinance 'shall be similar in facade to a single-family dwelling, private garage, shed, barn or other structure normally expected in a rural or residential area and shall be specifically compatible in design and scale with other development in the area in which it is located. An~ accessory structure which does not conform to the setback and ~yard regulations for main structures in the district in which it is ~ocated shall not be used for any home occupation'. Currently the structure housing the kiln does not meet the setback or visual requir~ents set forth in the above section of the Zoning Ordinance. The Virginia Department of Transportation has state~ that they cannot support this request without improvements. Those improvements include a paved commercial entrance, removal of tre~s and fence to obtain adequate sight distance and enlarging the pa~king area to provide sufficient room to turn around. Some of these improvements will require off-site easements. It is the policy df the Zoning Department to deny administratively handled home occupation permits that do not meet VDoT recommendations for adequate ~ccess. It is important to note that this entrance will require a~:! off-site ease- ment from an objecting landowner in order to obtain ~dequate sight distance. Staff has reviewed the petition for consistency wit~ sections 5.2 and 31.2 of the Zoning Ordinance and recommends approvali!'subject to the following conditions: Recommended Conditions of Approval: o Such occupation may be conducted either within ithe dwelling or an accessory structure, or both, provided that ~ot more than 25 percent of the conduct of the home occupation a~d in no event shall the total floor area of the dwelling, accessory structure, or both, devoted to such occupation, exceed 150~ square feet. There shall be no change in the outside appearance of the buildings or premises, or other visible evidenc~ of the conduct of such home occupation Otherthan one sign. A~cessory struc- tures shall be similar in facade to a single-family dwelling, private garage, shed, barn or other structure n~rmally expected in a rural or residential area and shall be specifically compat- ible in design and scale with other developmentlin the area in which located. Any accessory structure which d~es not conform to the setback and yard regulations for main strUctures in the district in which it is located shall not be used for any home occupation. August 17, 1988 (Regular Night Meeting) (Page 4) 523 All accessory structures, including fuel tank, shall conform to minimum setbacks for the rural areas. Those setbacks are 75 feet from the edge of right-of-way, 25 feet from the side lot lines and 35 feet from the rear lot line. 4. There shall be no sales on the premises. No traffic shall be generated in greater volumes than would be normally expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street. The home occupation shall comply with performance standards set forth in section 4.14 of the Zoning Ordinance. To include a certified engineer's report in compliance with section 4.14.8 of the Zoning Ordinance containing a statement from the State Air Control Board that all regulations~and requirements are being met. All operation of the kiln shall cease until the certified engineer's report is approved by the County Engineer, except for the purpose of preparing the report. 8. There shall be no employees for this home occupation. Upgrading of the entrance to include all recommendations of the Virginia Department of Transportation found in the letter to Mr. Burgess, dated June 16, 1988." Mr. Horne said that the Planning Commiss~ion at its meeting on July 12, unanimously recommended approval of SP-88-45 ilWith the conditions of the staff as follows: Condition #1 remains the same; ~ Condition #2, the words "other than one sign" deleted from the end of the first sentence; Condition #3 remains the same; Condition #4 remains the s~me; Condition #5 remains the same; Condition #6, the second sentences was ildeleted and replaced with the following wording: "To include a report containing a statement from the State Air Control Board that all regulations and r~quirements are being met. Report to be submitted within 120 days to the County Engineer."; Condition #7 was deleted; Condition #8 then becomes Condition !#7; a new Condition #8 is added reading: "This special use permit is issued fto the applicant only and shall not run with the land."; and, Condition #9 i~ideleted. Mr. Horne noted that the Commission did not think it necessary th~ the driveway be upgraded to a paved commercial entrance as recommended by ~!%e Highway Department. Since the Planning Commission meeting, M~r. Horne said, the applicant has submitted to the State Air Pollution Control ~oard a description of the materials used in the kiln and the performanc~ of the kiln. The Director of Region III of the Control Board, T. L. Hender~on, responded in a letter dated August 15, 1988 that: "considering the znfo~atzon submztted on the chemicals presently utilized in this kiln pottery opera~ion, the amounts utilized and the firing rate of the kiln, it is felt that ~11 applicable regulations are being met". Mr. Horne said this letter satisfies the requirements of Condi- tion #6. Mr. Lindstrom asked if Mr. Home feels t~at this letter satisfies the requirements of the Zoning Ordinance, which c~lls for a "certified engineer's report to be submitted to the County Engineer the letter would satisfy the section of the e~ pollution. He said the County Engineer would sections of the engineer's report applied to believes the regulations of the State Air Pol for different levels and kinds of operation ~ today. Meeting these regulations may not sat Zoning Ordinance, he said, otherwise the Zoni~ simply say that the operations in various zon, ifor approval". Mr. Home said .gineer's report dealing with air have to decide whether any other ~his case. Mr. Lindstrom said he ution Control Board are designed .an the case before the Board sfy the requirements of the .g Ordinance regulation would s shall comply with all State and federal regulations. Mr. Bain asked if staff verified the dat~ Air Pollution Control Board. Mr. Home said Ordinance could be interpreted to mean that a a business meets air pollution regulations. Fashion Square Mall is underway, Mr. Bain sai~ · sent by the applicant to the no". Mr. Bain said the Zoning ~engineer must determine whether ~en a large project such as the , certified engineers must 524 August 17, 1988 (Regular Night Meeting) (Page 5) collect the data that is submitted to the Air Pollution Control Board. In this case, the applicant collected the data. He asked Mr. Home to explain this difference in procedure. Mr. Home said he does not think the County is applying different standards, but the Air Pollution Control Board is set up to handle bigger projects, with more emissions, than the kiln under discussion today. The Air Pollution Control Board has accepted the data sent by the applicant, Mr. Horne said, and the staff does not think it practical to have a certified engineer check the site for such a small operation. Mrs. Cooke referred to the minutes of the Planning Commission for July 12, 1988, when Ms. Mikkelsen told members of the Commission that the kiln is fired only twice a month. Mrs. Cooke asked if Mr. Home knew of any plans to increase the use of the kiln. Mr. Horne said he did not know. Mr. Bowie asked if the County usually requires that a certified engineer inspect the site of a small, home industry. Mr. Home said he can remember no other casein which air pollution was an issue. Mr. Way opened the public hearing and asked if the applicant wished to address the Board. The applicants, Mary Mikkelsen and Henry Pope, addressed the Board jointly. They stated that the business had been in operation for ten years and has not changed in its use. Mr. Pope said his neighbors have not com- plained about the pottery during these ten years, with t~e exception of Mr. Bruton, who claims that the kiln is killing his trees and~ causing his family and him to suffer respiratory problems. ~ Another issue, Mr. Pope said, is whether their business fits in with the rest Of the community. He said this is an active area c~ntaining many differ- ent uses of property. There is a store nearby, a church'!that holds services several times a week and several farm businesses. He sa~d the pottery studio seems small in comparison to some of the activities in t~is neighborhood. He said their business is small, causes very little traffic ~and brings few people to the studio. He said he and Ms. Mikkelsen make a limited number of unique pots which they sell at craft shops and shows. Over the ~iiyears, he said, their production of pots has grown even smaller and more specialized: in 1984, they fired the kiln 28 times; in 1988, they fired the kiln on!~y 17 times. Mr. Pope said they do not pollute the environment a~'d every expert with whom they have consulted has attested to this fact'. Two ~representatives of the Forestry Departmen~t have visited the site and said t~re was no 'connection between the kiln and the damage done to the trees nearby.? He said the Plan- ning Commission originally required that the kiln underg~~ stack tests. Mr. Pope said stack tests cost $1200 for each element tested !and there are about seven elements to be tested in this case. He said he and!Ms. Mikkelsen would welcome stack testing if someone else paid for it. In lieu of the stack test, an official of the State Air Pollution Control Board decided that he could test a model of the kiln if they supplied him with sample~ of the materials used in the business and the fuel used for combustion. M~. Pope described these materials. "~ Mr. Pope said he and Ms. Mikkelsen bought this property with the under- standing that they could operate a pottery on it. Before~they signed the contract, they visited the Zoning A~ministrator, Mr. Benjamin Dick, who gave them a Class A permit, even though they told him they We~g going to operate a kiln on the property'. He said this was a mistake, but he!~iand Ms. Mikkelsen were unaware of all the zoning regulations. Mr. Pope sai~ he always consid- ered the kiln to be a tool rather than a structure, something to take down and move from site to site. The dimensions of the kiln are f~ve feet high by five Wide by five feet long, he said, and it is made of loose ~ricks, with no foundation or anything permanently anchoring the kiln to'~he ground. Mr. Pope said the setback regulations are difficult ~or them to meet. When he and Ms. Mikkelsen moved to the County, he said, t}~ey tried to situate the kiln and the tank in places that would not offend the said having a setback of 75 feet makes sense for a struct~ but their lot is only one-half an acre. He said locating the kiln 75 feet from the boundaries of their property wo~ ance of their backyard. Mr. Pope handed out pictures of said it may be too close to the road but he believes the pro~ect it from the road. ,r neighbors. He ~re on a large lot, both the tank and id ruin the appear- he propane tank and rees around the tank August 17, 1988 (Regular Night Meeting) (Page 6) 525 Mr. Lindstrom asked how the tank is filled. Mr. Pope said a truck fills it. Mrs. Cooke asked if this truck could turn around in the driveway or if it had to back out on the highway. Mr. Pope said the truck backs out onto the highway. Mr. Pope iterated that his business is not polluting the area. The trees near the property are not damaged and a Plant Pathologist at VPI stated he was uncertain about what caused the stress to Mr. and Mrs. Bruton's trees. Mr. Pope said the trees southwest of the kiln, in the path of the prevailing winds, are also healthy. He said there are some trees dying near the back of his property, but then there are trees dying all over the County due to the drought and acid rain. Mrs. Cooke asked for the height of the stack on the kiln. Mr. Pope ansWered that it is around 18 feet tall. Mr. Bowie asked if the neighbors complained about the pottery during the past ten years it has been in operation. Mr. Pope said "no". Mr. Bowie asked if the pottery caused any traffic problems in the past ten years. Mr. Pope said "no". Mr. Bowie asked how long the kiln stays on after it has been fired. Ms. Mikkelsen said "about 12 hours". Mrs. Elizabeth Bruton addressed the Board and said she and her husband Mr. Leroy Burton live next to the pottery, at Route 5, Box 318, Charlottesville, Virginia. She said many trees on their property are dead or dying, with the damaged trees concentrated in an area adjacent to the Pope- Mikkelsen property. She said Mr. Pope and MS. Mikkelsen have been exceeding the provisions of their Class A permit for ten years. She said the kiln complies with the standards of the State Air Pollution Control Board only because it is small and the standards are se~ for large industries in large industrial zones. She said the Control Board based its analysis on data provided by Mr. Pope and Ms. Mikkelsen, information she considers unverifi- able. She said the manufacture of pottery iT inconsistent with the rural area. In the past five years, she said, they ~.ave have lost at least 10 big white pine trees, as well as some hickory, peach and maple trees. The pines bordered the Pope-Mikkelsen property. She s~id the dead trees first showed damage on their southern sides, from ground ~evel up to 25 feet on the trunk. Mr. Goodman of the VPI Extension Office estimated that over 50 percent of the trees of her property are damaged and in danger of dying. She said some of the damage may be due to the drought, but representatives of the Extension Office have told her that the drought would mot kill the trees. According to the Extension Office, she said, some the dying trees show signs of a gaseous chemical burn that is atypical of the injuries caused by everyday air pollu- tants. She said the only business in the ar~a that produces chemicals is the kiln and the trees began to die only after t~e pottery began. Mrs. Bruton said Mr. Pope and Ms. Mikke3 of the Zoning Ordinance. She said the Zonin of the dwelling unit for the home occupation subordinate to its use of residential purpose the outside appearance of the building or pre process shall be used in such home occupatio; Mrs. Bruton said Mr. Dick also sent a letter that the kiln might require approval from the permit. She said she does not think the app] tions; she does not think the Fire Marshal we tank only 20 feet from traffic on Free Union sen have violated section 16.44-1 Ordinance requires that "the use shall be clearly incidental and s"; "there shall be no change in mises"; and, "no equipment or s which creates . . . fumes". On January 20, 1977, suggesting Fire Marshal and a building [cants ever followed his sugges- uld approve a 1000-gallon gas Road. Mrs. Bruton said it would set a dangeroqls precedent to approve a Class B permit simply because the violations of a Cl~s A permit remained undetected for ten years. She asked that the Board consider this request to be a new application and deny the permit. ~ Mr. Henry Holland addressed the Board and said he owns property on Route 601 adjacent to the Pope-Mikkelsen property. property since April, 1988. He said he has s~ Water Control Board and believes that the air insignificant when compared to other sources he said, he thinks the State Air Pollution Co too lightly and he does not want to see any p~ He said he has lived on this ~rved two terms on the State pollution caused by the kiln is )f air pollution. Nevertheless, ~trol Board is treating the kiln )llution in this area. 526 August 17, 1988 (Regular Night Meeting) (Page 7) If there is no pollution, he said, he would like to'see Mr. Pope and Ms. Mikkelsen continue to operate their pottery the way theyhave for the past ten years. He said he hopes that the Board will not find it necessary to grant a Class B Home Occupation Permit. He said Mr. Pope and Ms. Mikkelsen have been operating the property for ten years without any complaints about the location of the kiln or the propane tank or any increase in traffic. He said the traffic on Route 601 moves too quickly to notice the propane tank. He said moving the kiln to meet the setback requirement would eradicate the garden there now and put the kiln in plain view from his property. Since no one else wished to speak to this application, Mr. Way closed the public hearing and placed the matter before the Board. Mr. Lindstrom asked Mr. St. John if any legal significance can be attached to the fact that the pottery has been operated on this site for ten years. Mr. St. John said conflicting rules apply to this case. The judge in a similar case recently heard in Blacksburg, Virginia ruled that permit, s granted contrary to the law are void. In the Blacksburg.:~case, however, the permit was challenged shortly after it was issued, not ten years later. On the other hand, the legal doctrine of laches holds that when people allow their rights to be violated over a long period of time, ~hey lose those rights. Every day that goes by, Mr. Pope and Ms. Mikkelson rely more and more on the legitimacy of their enterprise and the scales til~ more and more in their favor. Mr. St. John said ten years is a long time~:for the scales to have been tilting in the favor of the applicant. ~ Mr. St. John said the Board would also face problem~', if it followed Mr. Holland's suggestion and allowed the business to continue~ operating under the Class A permit. Under statutory law, Mr. St. John said, ~fihe Zoning Adminis- trator, and not the Board, should make such a decision. Mrs. Cooke said the propane tank violates the setback requirements and the driveway violates VDoT's standards. Suppose 8~ accident happens here, she said, and a life is lost. She would like to know if the .County would be liable under these circumstances, if the Board allows the business to remain where it is, despite the violations. Mr. St. John said the County would not be liable, because the business would not create more traffic, or a more dangerous situation. He said the Board could add conditions to the special use permit to make certain that the traffic does not chamge and that there are no sales made on the premises. Nor did Mr. St. John think the propane tank or the truck that fills it is an issue, since there are lots?of homes with propane tanks. Mrs. Cooke said she is concerned that VDoT will not support the request unless the entrance is upgraded to a co~nercial entrance.~ She said she does not think she can support the request without requiring t~at the applicant meet VDoT's standards for a con~nercial entrance. She said she thinks the Board has a moral obligation to the people who travel thi~ road to make sure the entrances are in accord with the standards set down b~ the VDoT. Mr. Bowie said he would be concerned about the entrap/ce if the business were going to expand, but it is not. According to the recommended conditions of approval, there will be no employees, only two cars that use the entrance, and no sales will be made on the premises. Mr. Lindstrom said he thinks this is one of the most~complicated, prob- lem-fraught applications he has faced in a while. He sai~ he is concerned about the possibility of pollution and thinks the evidence! ~resented by both sides is conflicting and inconclusive. He said he does nc must rely on the State Air Pollution Control Board in thi~ a zoning matter and a special use permit. He said the ap] that there would be no change in the outside appearance oJ the property or other visible evidence of the home occupat did not keep this part of the agreement. He said Mrs. Br~ point that adjoining landowners did not have the chance t~ for the permit at a public hearing ten years ago. He said opportunity the neighbors and the Board have had the chan~ home occupation permit. t think the Board case, because it is [icants also agreed the buildings or ion. He said they ton brought up the address the request this is the first to address this August 17, 1988 (Regular Night Meeting) (Page 8) 527 Mr. Lindstrom said he would have a problem granting a Class B permit to the applicants. He said the business is located on a lot that is one-quarter the size permitted in the district. He said neither Mr. Pope nor Mr. Holland want the kiln in the back yard because it will make the property look like a commercial property. He said he does not see how the Board could approve the Class B permit without requiring that the kiln comply with the setback regula- tions; enforcing these regulations will increase the commercial impact of the business. He said he thinks the Board should discount the ten years the business has operated on this property, because the pottery did not comply with the conditions set down by the Zoning Administrator from the day it opened. He said he cannot support the special use permit, because the use is inappropriate for the area and the lot in question. He said he is also concerned about the precedent that approving!the request would set. Mr. Bowie said Ms. Mikkelsen and Mr. Pope went to the appropriate offi- cial, before they bought the property, and asked him whether they could operate their business on the property. Fortten years, during the terms of four Zoning Administrators, they operated this business without a complaint. Under these circumstances, he said, he does ~ot think the Board should treat this request as if it is hearing it for the $irst time. He said he supports the request of the applicants. Mr. Perkins said he does not think the ~vidence presented by Mrs. Bruton proves that emissions from the kiln killed the trees. Several acres ago, he said, 50 thousand acres of trees died in the.;~Shenandoah Valley and the George Washington National Forest because of leaf m~.ners and drought. He said the applicants' livelihood depends on this business and he cannot support denying them the opportunity to run a business they ~ave Operated without complaint for ten years. Mr. Lindstrom offered motion to deny SP~88-45. Mrs. Cooke seconded the motion. Mr. Bain said this application troubles is big enough for the business and the porte the rural areas. He said he is concerned ab and thinks it will take a lot more time to p pollute the air. He said he will support th There was no further discussion. Roll by the following recorded vote: him. He said he thinks the lot y is an appropriate business in ut the possibility of pollution ove the kiln does or does not application. as called and the motion failed AYES: Mrs. Cooke and Mr. Lindstrom. NAYS: Messrs. Bain, Bowie, Perkins and Way. Mrs. Cooke noted that the conditions for a home occupation permit state that the business must occupy less than 25 percent of the square footage of the house. She asked if the square footage ~f the kiln and the propane tank had been figured into these calculations. M~. Home said the Staff has not measured the kiln or the tank, but he is sur~ they occupy less space than 25 percent of the home. ~ Mrs. Cooke asked how much of the home iq taken up by the business. Mr. }{orne said he does not know. 'i Mr. Bowie offered motion to approve SP-~18-45 subject to the conditions of the Planning Commission and adding a stipula~iion in Condition #1 that not more than 25 percent of the floor area of the dwelling shall be used for the home occupation. Mr. Bain seconded the motion. ~ere was no further discussion. Roll was called and the motion carried by th~following recorded vote: AYES: Messrs. Bain, Bowie, Perkins and Way. 1 NAYS: Mrs. Cooke and Mr. Lindstrom. (Note: The conditions of approval are as follows: Such occupation may be conducted either within the dwelling or an accessory structure, or both, pr!6vided that not more than twenty-five (25) percent of the flo!or area of the dwelling shall be used in the conduct of the home occupation and in no event 528 August 17, 1988 (Regular Night Meeting) (Page 9) shall the total floor area of the dwelling, accessory structure, or both, devoted to such occupation, exceed one thousand five hundred (1,500) square feet; There shall be no change in the outside appearance of the buildings or premises, or other visible evidence of the conduct of such home occupation. Accessory structures.shall be similar in facade to a single-family dwelling, private garage, shed, barn or other structure normally expected in a rural or residen- tial area and shall be specifically compatible in design and scale with other development in the area in which located. Any accessory structure which does not conform to the setback and yard regulations for main structures in the district in which it is located shall not be used for any home occupation; Ail accessory structures, including fuel tank, shall conform to minimum setbacks for the Rural Areas. Those setbacks are 75 feet from the edge of right-of-way, 25 feet from the side lot lines and 35 feet from the rear lot line; ~ There shall be no sales on the premises; ... No traffic shall be generated in greater volumes than would be normally expected in a residential neighborhood!, and any need for parking generated by the conduct of such hdme occupation shall be met off the street; The home occupation shall comply with performaRce standards set forth in Section 4.14 of the Zoning Ordinance.! To include a report containing a statement from the State Air Control Board that all regulations and requirements are bein~ met. Report to be submitted within 120 days to the County Eng{heer; There shall be no employees for this home occupation; This special use permit is issued to the appliq~nt only and shall not run with the land. (Note: At 9:19 P.M. the Board recessed. The meetin~ reconvened at 9:29 P.M.) ~ Agenda Item No. 8. SP-88-42. John Purcell. To allow hunting lodge on 89 acres, zoned P~. Property located both north and sout~ of Route 761, adjacent to Fluvanna County line. Tax Map 124, Parcel ll~i Scottsv~lle District. (Advertised in the Daily Progress on August 2 ,~nd August 9, 1988.) Mr. Horne presented the staff's report as follows: "Character of the Area: This area consists of large~ undeveloped parcels with scattered residential development. The~{closest dwelling is located approximately one-half mile away. Many o~ the parcels are in agricultural and forestal land uses. This parcellis located within the Carter's Bridge Agricultural/Forestal District. Staff Comment: The applicant has a lease agreement ~ith the owner, Mr. John Purcell. The owner intends to continue forestry practices on the property. The applicant, the Woodridge SportSmen's Association proposes the location of a hunting lodge~.and a temporary dog-holding area. They state that there will be no ~unting or shooting on the site. Hunting activities occur on al~proximately 5000 leased acres, the majority of which are located five miles away. The lodge is proposed as a meeting place during the ~.eer hunting season. The lodge (16 by 24 feet) is to be built on block piers with a frame exterior construction~ In lieu of kennels, he applicant proposes a temporary holding area for ten to 15 dogs with individual dog houses and chained runs. The lodge is proposed ~o be located approximately 125 feet from Route 761, and the dog h~uses are pro- posed to be behind the building. The parcel is cove~ed by mature August 17, 1988 (Regular Night Meeting) (Page 10) 529 deciduous and evergreen trees. In staff's opinion, the lodge may be partially visible from the road, depending on the extent of clearing. Route 761 runs through the property. With the removal of several existing trees on this property frontage, the minimum of 350 feet of sight distance may be obtained. Objection has been received from the owner of parcel 13, adjacent to the southwest. The primary concern is 'the noise of the dogs housed in permanent structures. The closest structure on parcel 13 appears to be plus or minus 1300 feet distant. In staff's opinion, this proposal is not contrary to the intent of agricultural/forestal conservation districts. Due to remoteness, the applicant's proposal does not appear to adversely impact surrounding properties, or the general welfare of the public. Therefore, staff recommends approval of this petition subject to the following condi- tions: This permit does not authorize a shooting range or club hunting activities; The lodge shall be compatible in appearance with a single-family residence; e Staff approval of the site plan, to include Virginia Department of Transportation approval of a commercial entrance; Compliance with section 5.1.2 "Clu~s, Lodges" Supplementary Regulations. ~ Regardless of provisions of i~dividual zoning districts, gun clubs and shooting ranges shall be permitted by special use permit only; Such subordinate uses and fund-raising activities as bingo, raffles, auctions, etc., shale be conducted in enclosed buildings only. Noise genera{ed from such activity shall not exceed forty (40) decibel~ at the nearest agricultural or residential property line. i! No such activity shall be conducted between 11:00 P.M. ~nd 8:00 A.M." Mr Horne said the Planning Commission ow August 11, 1988, recommended approval of SP-88-42 subject to the four conditions of the staff and two additional conditions as follows: "5. Dogs ishall be permitted in the tempo- rary holding area from September 1 to Januar~ 15"; and "6. Permit is issued to the Woodridge Sportmen's Association and Is not transferable." The public hearing was opened and Mr. Addy Mills representing Woodridge Sportmen's Association, addressed the Board. He said he is present to answer questions and agrees with the conditions. HE said the adjoining landowner who complained lives at least 3,000 feet from whE re the dogs will be. Even the best dog in Virginia, he declared, could not be heard half a mile away. He asked the Board to approve the request. Since no one else wished to speak to th~s application, Mr. Way closed the public hearing and placed the matter before ~he Board. Mr. Bain asked how many dogs would be kept in the holding area. Mr. Miller said, "ten to fifteen". Mr. Way said he questions the need for ai commercial entrance. He said this is a one-lane, gravel road that fords a ~reek just past the proposed entrance to the lodge. He said he does not think the traffic warrants a commercial entrance. Following some discussion on the number 9f dogs, a mOtion was offered by Mr. Lindstrom and seconded by Mr. Bowie to approve SP-88-42 with the following 530 August 17, 1988 (Regular Night Meeting) (Page 11) fifteen (15) dogs may be kept on the property at any one time." There was no further discussion. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. (Note: the conditions of approval are as follows: 1. This permit does not authorize a shooting range or club hunting activities; 2. The lodge shall be compatible in appearance with a single family residence; 3. Staff approval of site plan; 4. Compliance with Section 5.1.2 "Clubs, Lodges" Supplementary Regulations; a. Regardless of provisions of individual zoning districts, gun clubs and shooting ranges shall be permitted by special use permit onlY; b. Such subordinate uses and fund-raising acCivities as bingo, raffles, auctions, etc., shall be conducted in enclosed buildings only. Noise generated from suc~ activity shall not exceed forty (40) decibels at the near~st agricultural or residential property line. No such activity shall be conducted between 11:00 p.m. and 8:00 a.m~.~; 5. Dogs shall be permitted in the temporary holding area from September 1st to January 15th; 6. Permit is issued to the Woodridge Sportmen's ASsociation and is not transferable; 7. No more than 15 dogs may be kept on the proper~Y at any one time.) ~ Agenda Item No. 9. SP-88-48. Wallace Hatcher. To.allow drive-in window to serve a proposed photo processing and retail facility~ zoned C-1. Property located on north side of Rio Road, west of intersection ~f Rio Road and Route 29. Tax Map 45, Parcels 10lA and 102. Charlottesville District. (Advertised in the Daily Progress on August 2 and August 9, 1988.) Mr. Horne presented the staff's report as follows: "Character of the Area: Presently this site is vacant and sparsely covered with natural vegetation. This property has ifrontage on Rio Road. Commercially zoned properties exist to the north, east and wesL. ~ Applicant's Proposal: The applicant is proposing t~.locate a photo- processing store with a drive-through facility. Thglapplicant states as justification for this request, 'the site can ac~pmmodate 126 feet of vehicular stacking with one-way travel around the~ ?site, eliminat- ing vehicular conflicts'. Staff Comment: In 1984, the staff proposed an amendment to the Zoning Ordinance requiring any use proposing a drive~through facility be permitted by special user permit only. This amen~dment was prompted by concerns involving internal site circulation and high traffic volumes normally generated by drive-through 9ses. The applicant proposes a drive-through window to be located at the eastern end of the +10,000 square foot building. After a customer transaction is complete, vehicles will continue alon~ property line in a 12-foot travelway, eventually widi for vehicles exiting the site. Because of its locat the drive-through window will not occasion the need lane. Adequate area exists for vehicles to pull fro~ stacked cars. ; the northern ining to 16 feet .on on the site, !or a bypass a lane of The applicant's plan~ reflects a joint entrance desig~ with an adja- cent property. In addition, the applicant has agree~ to .dedicate and reserve for dedication frontage on his property for ~he ultimate August 17, 1988 (Regular Night Meeting) (Page 12) 531 design of Rio Road. Both of these items were recommended to the applicant by staff prior to the submittal of this request. The Virginia Department of Transportation has commented that based on the proposed use (retail photo) this request will probably not generate as much traffic as a drive-through window for a fast food restaurant. VDoT supports the proposed joint entrance, and the reservation of right-of-way for ultimate design of Rio Road. In the opinion of the staff, approval of this request will not be of substantial detriment to adjacent properties, and will be in harmony with the purpose and intent of the Zoning Ordinance. Staff recom- mends approval of this petition subject to the following conditions: A site plan submitted for approval shall be in general accor- dance with the site plan by Site Specific, Inc., titled 'Photoworks of Virginia,' dated May 23, 1988 (revised on June 26, 1988); Staff requests administrative approval of the site development plan." Mr. Home said the Planning Commission, at its meeting on July 7, 1988, recommended approval of SP-88-48 subject to the first condition recommended by the staff. Mr. Home then recommended a second condition for approval, that "drive-through" facility to be restricted to "retail photo uses only." Mr. Way opened the public hearing. Mr. Mark Keller, of Site Specific, Inc., addressed the Board and said he is representing the applicant. He offered to answer any questions members of the Board may have. He said he has no problem with the second condition. With no one coming forward to speak, Mr.~ Way closed the public hearing and placed the matter before the Board. Motion was offered by Mr. Bain, seconded, by Mr. Perkins, to approve SP-88-48 subject to the following conditions: A site plan submitted for approval shall be in general accor- dance with the site plan by Site SPecific, Inc., titled "Photoworks of Virginia," dated May!23, 1988 (revisions on June 26, 1988); , Drive-through facility to be restricted to retail photo uses only. There was no further discussion. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, MeSsrs. Lindstrom, Perkins and Way. NAYS: None. Agenda Item No. 10. ZTA-88-2. To amend,ii29.0 Planned Development Indus- trial Park to allow for uses as they may be e.~tablished in 27.0 Light Industry and 28.0 Heavy Industry zones. (As advertise~ in the Daily Progress on August 2 and August 9, 1988.) Mr. Home presented the staff's report, ilHe said that the Planning Commission at its meeting on August 2, 1988, recommended approval. Mr. Lindstrom asked if any particular si%uation triggered this amendment. Mr. Horne said "no", but the County will shortly have an application from the University of Virginia that could make use of ithis amendment. Mr. Way opened the public hearing. Sinc9 there was no one present to speak to this amendment, Mr. Way closed the pqblic hearing and placed the matter before the Board. 532 August 17, 1988 (Regular Night Meeting) (Page 13) Mr. Lindstrom said he would like some more information on the uses currently allowed in the PD-IP and the uses that this amendment would add to the PD-IP. Mr. Bain said he would also like to see this information. Motion was offered by Mr. Bowie and seconded by Mr. Bain to defer ZTA-88-2 to September 7, 1988. There was no further discussion. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. Agenda Item No. 11. Approval of Minutes: June 4, 1986 and Decem- ber 9, 1987. Mrs. Cooke had read the minutes of December 9, 1987, page 18 (beginning with Item lld) to page 26 (ending at Item 14) and found them to be in order. Mr. Bowie had read all of the minutes for June 4, 1986, and the minutes for December 9, 1987, page 26 (beginning with Item 14) to end and found them to be in order. Mr. Way had read the minutes of December 9, 1987, pages 10 (beginning with 6e) to 18 (ending at Item lld) and found them to be in order. Motion was offered by Mr. Bowie and seconded by Mr.i=Bain, to approve the minutes as read. Roll was called and the motion carriedilby the following recorded vote: ~ AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Linds~rom and Way. NAYS: None. ABSTAINING: Mr. Perkins. Agenda Item No. 12. Other Matters Not Listed on the Agenda From the Board and Public. Mr. Bowie said he attended the conference held by the National Associa- tion of Counties last week. He said rural and Mid-Western counties defeated a plank in the NACo platform which would have endorsed an increase to the minimum wage. He said NACo also elected m third vice-president, a woman from North Dakota, who won the support of rural counties. Motion was offered by Mrs. Cooke and seconded by Mr.,~Lindstrom to appoint Millicent Bowerman to the Social Services Board, with said term to expire on December 31, 1991. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindst~om, Perkins and Way. NAYS: None. ~i Mr. Lindstrom asked if the application form for boards and commissions could be retyped so that "degrees" would be spelled correctly in the tenth line. Mr. Lindstrom said he is concerned about the wording~of the letter from Highway Commissioner Ray Pethtel concerning the appeal ofliYDoT's decision to move ahead with the Route 671, Moormans River, Millington~iBridge project. He said the letter states that "members of the Board are welcome to a hearing" and he thinks members of the public should be welcome at ~his hearing, especially the citizens who will be directly affected by ~he decision, and should be allowed to speak, as well. ili According to statutory law, Mr. St. John said, only ~embers of the Board are to be at these hearings. Mr. Agnor said a representative of the Highway Commission has also said that members of the public will-{'~ot be allowed to speak. August 17, 1988 (Regular Night Meeting') (Page 14) 533 At 10:09 P.M., a motion was offered by Mr. Bowie and seconded by Mr. Bain to adjourn into Executive Session for personnel matters and legal matters concerning the Board of Zoning Appeals and the Route 250 East Flea Market. There was no further discussion. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. The Board reconvened into open session at 10:55 P.M. Agenda Item No. 13. Adjourn to August 22, 1988, at 8:00 A.M. Motion was offered by Mr. Bowie and seconded by Mr. Bain to adjourn to 8:00 A.M. on August 22, 1988, for an informal meeting with the School Board. There was no further discussion. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None.