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HomeMy WebLinkAbout1987-01-07January 7, 1987 (Regular Night Meeting) (Page 1) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on January 7, 1987 at 7:30 P.M., Meeting Room ~7, County Office Building, 401 McIntire Road, Charlottesville, Virginia. BOARD MEMBERS PRESENT: Mr. F. R. Bowie, Mrs. Patricia H. Cooke, Messrs. Gerald Fisher, J. T. Henley, Jr., C. Timothy Lindstrom and Peter T. Way. BOARD MEMBERS ABSENT: None. OFFICERS PRESENT: Mr. Guy B. Agnor, Jr., County Executive; Mr. George R. St. John, County Attorney; and Mr. John T. P. Horne, Director ~f Planning and Community Development. Agenda Item No. 1. Call to Order. The meeting was called to order at 7:30 P.M. by the County Executive, acting as temporary Chairman. Agenda Item No. 2. Agenda Item No. 3. Pledge of Allegiance. Moment of Silence. Agenda Item No. 4. Election of Chairman. Mr. Lindstrom nominated Mr. Gerald E. Fisher as Chairman for 1987. Mr. Way offered motion to close nominations. The motion was seconded by Mr. Lindstrom. There was no further discussion. Roll was called and the motion carried with the following recorded vote: AYES: NAYS: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. None. Mr. Lindstrom then offered motion to elect Mr. Fisher as Chairman for 1987. The motion was seconded by Mr. Way. There was no further dicsussion. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. None. Agenda Item No. 5. Election of Vice-Chairman. for Vice-Chairman. Mr. Lindstrom seconded the nomina not wish to continue as Vice-Chairman. Mrs. Cooke sa other responsibilities on her time are such that she Vice-Chairman for two years, and feels the office sho Mrs. Cooke nominated Mr. Peter T. Way tion. Mr. Way asked if Mrs. Cooke did id that the pressure of business and ~oes not wish to continue. She has been uld be "passed around" so that everybody has an opportunity to serve. Mr. Bowie then moved that the nominations be closed and Mr. Way elected by acclamation. This motion was seconded by ~r. Lindstrom. There was no further discussion. Roll was called and the motion carried with the following recorded vote: AYES: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley and Lindstrom. NAYS: None. ABSTAIN: Mr. Way Agenda Item No. 6. Appointment of Clerk and Deputy Clerks. Mr. Lindstrom offered motion to appoint Miss Lettie E. Neher as Clerk, and Mrs. Ella W. Carey and Mrs. Mary Poage as Deputy Clerks. Mr. Way seconded the motion. There was no further discussion. Roll was called and the motion was carried with the following recorded vote: AYES: NAYS: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. None. Mr. Fisher thanked Miss Neher and her staff for all of their help this past year. Agenda Item No. 7. Set Meeting Times, Dates and Places for Calendar Year 1987. Mr. Bowie offered motion to set regular Board meetings for the first and third Wednesday of each month at 7:30 P.M. and the second Wednesday of each month at 9:00 A.M. in the County Office Building. Mr. Lindstrom seconded the motion. There was no further discussion. Roll was called and the motion was carried with the following recorded vote: AYES: NAYS: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. None. Agenda Item No. 8. Set Dates for Hearing Zoning Text Amendment requests from Citizens. Mr. Way offered motion to set the first meeting in June and the first meeting in Decem- ber as the dates to consider zoning text amendments from citizens. Mr. Lindstrom seconded the motion. There was no further discussion. Roll was called and the motion carried with the following recorded vote: AYES: NAYS: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. None. January 7, 1987 (Regular Night Meeting) Agenda Item No. 9. Readopt the Rules of Procedure. Mr. Way offered motion to readopt the Rules of Procedure in effect (those adopted on January 3, 1986). Mr. Lindstrom seconded the motion. There was no further discussion. Roll was called and the motion carried with the following recorded vote: AYES: NAYS: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. None. Agenda Item No. 10. Introduction of Extension Agent. Mrs. Elizabeth Payne was present to introduce to the Board Mr. Charles Goodman, the new extension agent in that office. Mr. Goodman is a graduate of VPI-SU, served four years in the Navy, and taught in the Clarke County schools before becoming an extension agent for Augusta County. His primary responsi- bility has to do with horticultural activities. Mr. Goodman expressed pleasure in working for Albemarle County. Agenda Item No. 11. Consent Agenda. Mr. Lindstrom offered motion to accept the items on the consent agenda as information except for Item 11.2. The motion was seconded by Mr. Way. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. None. Item 11.1. Letter from the Highway Department dated December 17, 1986, accepting Locust Hill North into the State Secondary System of Highways. "As requested in your resolution dated October 15, 1986, the following addition to the Secondary System of Albemarle County is hereby approved, effective December 17, 1986. ADDITION LOCUST HILL NORTH Route 1608 (Locust Hill Drive) - From Route 678 to NW cul-de-sac LENGTH 0.13 Mi. Item 11.2. Copy of Revised Tentative Allocation of Funds, Fiscal Year 1986-87, Inter- state, Primary & Urban Highway Systems, Public Transit, Ports and Airports; Six-Year Improve- ment Program, Fiscal Years 1986-87 through 1991-92, along with notice from the Highway Commissioner that a public hearing on this plan will be held in Richmond on January 14, 1987. Mr. Fisher said the hearing on highway funds for primary roads is scheduled for January 14. If the Board wishes to make a statement it will have to be drafted tonight. The program forwarded to the Board contains monies for Route 250 East and Free Bridge out to 1-64, with construction to begin in 1990. The program shows numerous construction items for Route 29 North, such as the widening to eight lanes, with six lanes north of the River all the way to Airport Road. There are funds included for the Charlottesville Bypass study. Mr. Bowie said he thinks the Board should be represented at the hearing. He would attend, but has scheduled an item for next week's agenda and must be here to make the presentation. There was no further discussion at this time. Item 11.3. Bond Program Report/Monthly Report for Arbor Crest Apartments - for the Month of November, 1986, was received as information. Item 11.4. Copy of booklet entitled "Employment and Wages in Virginia - 4th Quarter and Annual 1985", from the Virginia Employment Commission, received as information. Item 11.5. Copy of the Audit Report of the Rivanna Water and Sewer Authority for Fiscal Year ending June 30, 1985, received and on file. Item 11.6. Copies of minutes of the Planning Commission for December 2 and December 9, 1986, received as information. Item 11.7. Letter from Mr. J. G. Ripley, Director of Planning & Programming, Virginia Department of Highways and Transportation dated December 29, 1986, advising that the State Highway Commission has named a portion of State Route 240 "Three Notch'd Road" and that signs so signifying will be erected, was received as follows: "I wish to advise that on December 18, 1986, the Highway and Transportation Board approved, by resolution, the naming of State Route 240 "Three Notch'd Road". For your information, I am attaching a copy of the approved resolution. It has been a pleasure working with your Board on this matter, and we trust it has been handled to your satisfaction." January 7, 1987 (Regular Night Meeting) _~e 3_1_ "WHEREAS, the State Highway and Transportation Board is authorized under Section 33.1-12(4) of the Code of Virginia, as amended, to give suitable name to State Highways, except such roads as have been or may hereafter be named by the General Assembly; and WHEREAS, the Board of Supervisors of Albemarle County at its meeting held on June 4, 1986, did adopt a resolution requesting the State Highway and Transportation Board to name a portion of State Route 240, between U.S. Route 250 near Mechum River and Secondary Route 810 at Crozet, as "Three Notch'd Road"; NOW, THEREFORE, BE IT RESOLVED, that the State Highway and Transporta- tion Board does concur with the Board of Supervisors of Albemarle County in naming a portion of State Route 240, as previously described herein, "Three Notch'd Road"; and BE IT FURTHER RESOLVED, that appropriate signs shall be erected by the Department of Highways and Transportation, calling attention to this designation. Agenda Item No. 12. SP-86-85. Alexander Simpson. To locate a single-wide mobile home on property west of Route 704 near its intersection with Route 714 (deferred from December 17, 1986). "Request: Single-wide mobile home Acreage: 16.9 acres Zoninq: RA, Rural Areas Location: The property is located on the west side of Route 704, approxi- mately one-fifth of a mile south of the intersection of Route 714 and Route 704. Tax Map 121, Parcel 77, Scottsville Magisterial District. Character of the Area: There is one house currently located on the pro- perty. The proposed mobile home site is an open field which gently slopes away from Route 704. The land use in the immediate area consists of scattered single-family resi- dences with some acreage in the immediate vicinity in vacant woodland. There are three mobile homes located within a one mile radius of the site. Staff Comment: This request is being made for this mobile home in order to provide housing for a person that will care for the applicant's wife. The proposed location of the mobile home would be visible from Route 704. The mobile home will be located 100+ feet from Route 704 and 25+ feet and 100+ feet from side property lines. Staff has received three objections to this proposal (letters on file). Should the Planning Commission choose to approve this application, staff recommends the following conditions: 1. Compliance with Section 5.6.2 of the Zoning Ordinance; 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." Mr. Horne said the Planning Commission, at its meeting on January 6, 1987, unanimously recommended approval of the petition subject to conditions in the staff's report, but added No. 4 reading: "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." The public hearing was opened. Mr. Simpson said he needed the mobile home because his wife is in ill health, and needs to have someone near for help. He does not have room in his home for an extra person. He would appreciate any help the Board might give him on this request. There being no one else from the public present to speak, the public hearing was closed. Mr. Way said he understands the primary reason for this mobile home is to allow someone to stay on site to help with Mr. Simpson's wife. He has personally visited the site. Mr. Way then offered motion to approve SP-86-85 subject to the four conditions recommended by the Planning Commission. Mr. Bowie seconded the motion. There was no further discussion. Roll was called and the motion was carried with the following recorded votes: AYES: NAYS: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. None. 159 January 7, 1987 (Regular Night Meeting) (pa_g_e 4) (Note: The conditions of approval are as follows:) 1. Compliance with Section 5.6.2 of the Zoning Ordinance; 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; 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: January 7, 1987 (Regular Night Meeting) .( Page 5_L AYES: NAYS: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. 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. Agenda Item No. 15b. Appointments: Appointments: BOCA Code Board of Appeals. 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: NAYS: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. 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: NAYS: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. 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~hwa~ D~ep.ar~t~_.ent needs~o give enough time for the study to be done One of he things the~O~mm~ee ~l~e~ do was ask if the Route 29 North project could be deferred fora 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. the meeting was adjourned at 8:23 P.M. With no further business to come before the Board,