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HomeMy WebLinkAbout1985-02-06Febr ar 6 1 8 Re lar Ni ht Meetin A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on February 6, 1985, at 7;30 p.m., in Meeting Room 7, Second Floor, County Office Building, 401 McIntire Road, Charlottresville, Virginia. Present: Mr. F. R. Bowie, Mrs. Patricia H. Cooke, Messrs. Gerald E. Fisher, J. T. Henley, Jr., C. Timothy LindstrQm and Peter T. Way. Absent: None. Officers Present: Mr. Guy B. Agnor, Jr., County Executive; Mr. James R. Donnelly, Direc- tor o~Pla~ning and Community Development; Mr. George R. St. John, County Attorney; Mr. R~r~ W. Tucker, Jr., Deputy County Executive. Agenda Item No. 1. Call to Order. order at 7:32 p.m. Mr. Fisher, Board Chairman, called the meeting to Agenda Item No. 2. Agenda Item No. 3. Pledge of Allegiance. Moment of Silence. Agenda Item No. 4. Consent Agenda. Mr. Lindstrom made motion to approve the consent agenda as presented. Mrs. Cooke seconded the motion, which carried by the fol]owing recorded vote: AYES: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. NAYS: None. Item No. 4.1. Statement of Expenses to the State Compensation Board for he month of December, 1984, forr the Director of Finance, Sheriff's Office, Commonwealth's .ttorney and ional Jail, were approved as presented. Item No. 4.2. County Executive's Financial Report for December, 1984, wa presented in accordance with Code of Virginia Section 15.1-602. Item No. 4.3. Letter dated December 31, 1984, from John Darrell, Secreta~ pment Authority of Albemarle County forwarding a copy of Internal Revenu~ 8038 for a $1.4 million issue to Riverbend Limited Partnership, as required by Section 15.1-1377. Agenda Item No. 5. ZMA-84-26. Clarence and Mary Elder. Request to rezor Rural Areas, to C-i, Commercial. ProPerty, located on the south side of Re 500 feet past the intersection of Routes 250 and 677, is described as County 15A (part). Samuel Miller District. (Advertised in the Daily Progress ~nd January 29, 1985.) Mr. Donnelly presented the following staff report: "Requested Zoning:- C-i, Commercial Acreage: 1.0 acre Existing Zoning: RA, Rural Areas Location: Property, described as Tax Map 59, Parcel 15A (part), is located on the south side of Route 250 West about 1,500 feet east of Route 677. Character of Area: The property subject to this petition was purchased e~ ?lier this year and combined with the existing 1740 House Antique Shop property (2.02 acres of which 1.10 acres is zoned C-i', commarcial and 0.92 acres is zone( RA, Rural Areas). The 1740 House Antique Shop has recently been placed on th~ Nat±onal Register of Historic Places and the Virginia Historic Landmarks .egis- ter. .Variance from the Scenic Highway setback was granted earlier this y~ar to ~e.~mit expansion of the existing building. An outbuilding (smokehouse) h~s been recently located on the acre subject to this petition. The only other commercial property in the area is adjacent to the west (i.e., vacant Peking Tea Hou~e). Staff Comment: During consideration of the 1980 zoning map, both the PekJ.ng Tea House and 1740 House Antique Shop were recognized with C-i, Commercial zoning since both properties were zoned commercially (under prior zoning) [and in a~ercial usage. Commercial zoning in this area is not consistent with ;he Comprehensive Plan. An added concern is that this property is within the South Fork Rivanna River watershed. y, Industrial Service Form Code of Virginia ~e 1.0 acre from ,ute 250 West, Tax Map 59, on January 22 Staff offers the following comment: The request is to expand zoning which is inconsistent with the Compre- hensive Plan. Since the existing use was recognized with appropriate zoning on the 1980 zoning map, staff opinion is that limited expansion is not an unreasonable request; provided that future development is clearly established and that rezoning is limited to expansion of existing usage~ Staff can find no record of site plan approval for the existing 1740 House Antique Shop. Should rezoning be approved, site plan approval for both existing and expanded usage should be required (see Virginia Department of Highways and Transportation letters of December 14 and 20, 1984). Februa-~.: ,_hr_ '[ -et' ,-__: Staff opinion is that the 1740 House Antique Shop is a use consistent with objectives of the Scenic Highway designation and historic preservation gen- erally. Should staff concerns outlined above be properly addressed, staff could recommend approval of this petition. Mr. Donnelly noted that at its meeting on January 15, 1985, the Albemarle County Planning sion unanimously recommended denial of ZMA-84-26 with the understanding that it could recommend approval if the uses were consistent with the current usage and if the usage did not require a variance from the setback requirement. Mr. Donnelly told the Board that the applicants have ssubmitted a proffer dated January..28, 1985, through their attorney, R. Lecky Stone, Jr., reading: "The owners proffer that their request be approved on condition that: The rezoning be limited to expansion consistent with the exist- ing use of the 1740 House property. The owners be required to file a site plan for both the existing and the expanded usage before commencing any expansion; and The owners not be permitted any variance in excess of 15 percent of the 150-foot scenic highway setback for the expanded use." Mr. Fisher asked if Mr. Donnelly knew how the Zoning Administrator would define the first ~ondition under the proffer. Mr. Donnelly said he assumes the use of the property would be limited to an antique shop or gift shop-in concurrence with the intent of the Planning Commis- sion. Mr. Fisher then asked for some clarification of the history of the property. He was told that the property has been commercially zoned for many years Mr. Way asked if the proffer meets the Planning Commission's objections, and Mr. Donnelly said that it does. Mr. Fisher then opened the public hearing. Mr. Lecky Stone was present on behalf of the applicants. He told the Board that a site for the property is in progress. He said the reason for requesting the rezoning had to do research the Elders had been doing into the history of the property. They discovered another building had stood nearby in 1740 when the tavern was in operation. This building probably served as a residence for the tavern keeper. In addition, they discovered the ori- ginal well site and have bought a well house to place on it. Both the well site and the house stood on the acre the Elders have recently purchased and would like to have rezoned. In order to expand the antique shop, the. Elders have located a cabin in Halifax County that dates from the period between 1790 - 1810. They propose to dismantle it, bring it to the one-acre site and set it up to use for sales and storage. He said the Elders have decided to move the loca- tion of the cabin back from Route 250 to avoid having to have a variance from the setback rule. The cabin would be painted to match the original 1740 House already on the property, and would contain all original materials. Mr. Stone offered to show the Board current photographs of 1740 House in Colonial Homes magazine. Mr. Stone said the Elders have gone to considerable trouble to keep their property in line with the period it represents, and added that they actually live on the property. A plateau running parallel to Route 250 would provide a level location for the house, and the single entrance to Route 250 would be preserved. He added that he hopes the approval of the site plan will include a proposed English basement for this structure. Mr. Fisher asked if the property is intended to be used as a residence. Mr. Stone said no. He added that the Elders live in the rear Of the current 1740 House. Mr. Lindstrom asked if what Mr. Stone meant in the first part of the proffer was that the building would be used for antique sales rather than a residence, and Mr. Stone said yes. He added that he does not want to limit the Elders, since they may want to sell some other types of related merchandise, such as restored furniture. Mrs. Cooke and Mr. Lindstrom expressed some discomfort with the phrase "existing use". Y[r. Stone said he would have no qualms about amending his own proffer to state "existing commer- cial use". Mr. Fisher reminded the Board that it cannot amend the proffer or require that it be amended. It can only accept or reject what is offered. Mr. Bowie asked if the new building will be in keeping with the present 1740 House and was told that it will. Mr. Lindstrom asked Mr. Stone if the provision for a setback in the last condition on the sroffer is still necessary since the Elders have said they will not need a variance from the ~etback limitation. Mr. Stone said he would agree to amending that condition also to prohibit a variance from the 150-foot setback. Mr. Fisher then closed the public hearing, there being no one else present to speak on this petition. Remarking that 1740 House lies in his district, (Samuel Miller), Mr. Fisher said he knows the quality of the Elders' work and the amount of time and effort that went into the acquisi- tion of the acre of property they wish to have rezoned. However, he has problems with this request because he is worried about future requests for commercial zoning in rural areas. He said he is especially concerned since the property known as the Peking Tea House is close by, and is on the market for sale. He said he would like for the Elders' request to be approved, but is afraid that if he votes to do so, ~e Board may be faced with a request to expand the Peking Tea House property. He also worries that future property owners may not have the same consideration that the Elders have for the character of the area. Februar. 6 1 8 Re ~lar Night Meeting) 4¸3 Mrs. Cooke said she still worries that the house may be used for a residence rather than for a commercial use because the present 1740 House is used for both a business and a residence. She said that needs to be clarified before she can make a decision. Mr. Bowie pointed out that Mr. Stone had agreed to the commercial use. Mrs. Cooke said that is not the way the proffer reads. Mr. Fisher said he can see problems arising after the sale of the Peking Tea House pro- perty. The kinds of restrictions voiced in the Elders' proffer are reasonable and show an intent to comply with the character of the area, but another applicant might not have that same oncern. He asked Mr. St. John what the position of the Board would be with respect to its .egal obligation to the watershed, the Comprehensive Plan, etc., in case similar applications were filed. Mr. St. John said the building's historic value is thaiadiscriminating factor. !he Elders plan to put a building in a place where one has existed before, and plan to restore ;he site to a former condition. The owners of the Peking Tea House property would not be able to make the same claim, if they should want to expand the commercial zoning. Mr. Lindstrom said he is concerned about the expansion of the C-1 zoning and what effect that will have on this area. He added that he cannot vote to approve the proffer as it reads. He would like the term "existing commercial use" to be placed in the first condition, and the words "in excess of fifteen percent" removed from the third condition. He said he felt the addition to the 1740 House would have minimal, if any, impact on the area. It will not use much water, will not discharge sewage, and with no variance to the setback requirement, will not cause much additional disturbance. He said he cannot amend the proffer himself, but if these conditions are amended by the applicants, then he could suppport the petition. Mr. Bowie said if the two areas discussed above are clarified, he would not see a problem ~ith supporting the petition. Mr. Fisher told Mr. Stone that the Board seems to be asking for amendments to the proffer. Mr. Stone said he would proffer that the applicants amend the proffer of January 28, 1985 to add the word "commercial" to condition number one and to eliminate "in excess of fifteen ~ercent" from condition number three. Mr. Lindstrom said he thinks this establishes for the record what the Board sees the use being, to help avoid problems should there be similar requests. Mr. Lindstrom then made motion to approve ZMA-84-26 with the proffer as amended (follow- lng). Seconded by Mrs. Cooke, the motion carried by the following recorded vote: AYES: NAYS: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. None. "The owners proffer that their request be approved on condition that: The rezoning be limited to expansion consistent with the existing commercial use of the 1740 House property; The owners be required to file a site plan for both the existing and expanded usage before commencing any expansion; and The owners not be permitted any variance of the 150-foot scenic highway setback for the expanded use." Mr. Fisher added that he appreciates the quality of everything the Elders have done at 1740 House and his concern about the petition had less to do with them than with future owners. Agenda Item No. 6. SP-85-1. AStec. Request to locate a pharmaceutical laboratory and product facility in a 10,000 square foot building on 3.478 acres zoned LI, Light %ndustrial. Property, located at the northwest corner of the intersection of Routes 1101 and 742, is described as Tax Map 77E1, Parcel 1 (part). Scottsville District. (Advertised in the Daily Progress on January 22 and January 29, 1985.) Mr. Donnelly presented the following staff report: "Request: Pharmaceutical lavorator and product facility (27.2.2.1) Acreag.~.: 3.478 acres Zoning: LI, Light Industrial Location: Property, described as Tax Map 77E1, Parcel 1 (part), is located on the west side of Avon Street Extended (Route 742) south and adjacent to Moores Creek. Character of the Area: The site has been approved for construction of a 29,200 square foot light manufacturing and office building. Phase I develop- ment, consisting of 10,000 square feet of floor area, is currently under con- struction. Two salvage yards are located west of the site. The nearest resi- dential area is a mobile home park across Moores Creek about 500 feet from the AStec building. Staff Comment: UNOGEN proposes to occupy 5,000 square feet within the AStec building. The County Engineer's Department has reviewed the industrial per- formance standards report for this site and commented that: 'The addendum submitted by Pleasants Associates on November 19, 1984, together with previously approved reports for the AStec Partnership and UNOGEN, addresses all issues required under Section 4.14 of the Zoning Ordinance. The applicant must meet Albemarle~Oou~y~$a~ic~ A~h~.~y~and the RiYanna Water and Sewer Authority before discharging ~to the Moores C~e~k~Interceptor., The Watershed Management Official has recommended that transport and/or disposal of materials be undertaken in accordance with approved procedures. Virginia Department of Highways and Transportation has recommended no addi- tional roadway improvements to accommodate this use. Staff recommends that with appropriate conditions of approval, the criteria for issuance of a special use permit can be satisfied (Section 31.2.4.1). Staff recommends approval subject to the following conditions: 1. This special use permit is issued to the applicant for UNOGEN, Inc. Any chan~e in occupancy subject to Section 27.2.2.1 shall require amendment of this special use permit; 2. Albemarle County SerVice Authority and Rivanna Water and Sewer Authority approval prior to discharge to sanitary sewer system; 3. A~ Virginia Department of Health-requirements to be met, including approval of materials to be landfilled, and including report submittal to Bureau of Toxic Substances Information; 4. Ail chemicals listed in Appendix #1 of the performance standards report shall be secured in a manner to ~ vandalism; 5. Approval is based on compliance with performance standards as submitted by UNOGEN, Inc., prepared by CH2M Hill, Inc., dated September 17, 1984, and amended by report of Pleasants Associates, Inc., dated November 15, 1984. Any changes or modifications governed by these standards shall be approved by the County Engineer who at his discretion may defer such approval to the Board of Supervisors." Mr. Donnelly told the Board that the Planning Commission at its meeting on January 29, 1985 ~ad unanimously recommended approval a~ SP-85-1 with the conditions in the staff report. Mr. Fisher then opened the pub~lic hearing. Mr. Floyd Artrip, representing AStec~, asked the Board if there were any questions on the Unogen application. Mr. Fisher asked in what part sf the building the Unogen enterprise will locate, and Mr. Artrip said in the south half. There being no one else to speak for or against the request, the Chairman closed the public hearing. Mr. Lindstrom then made motion to approve SP-85-1 with the conditions as recommended by the Planning Commission. Mrs. Cooke seconded~ the motion. Ii Mr. Bowie remarked that he has no problems with the Class II classification of the Unogen Itdischarge in this zoning district. ~Mr. Lindstrom said the-process of'~approval of a special use permit is much easier when the company finds the correct location.- Mr. Way said that this site is in his district and he has had several calls from people in that area-who did not understand why the Unogen application was turned down in other areas -- improper zoning and so forth -- and thought there might be something inherently dangerous in the processes used by Unogen. Mr. Way said he explained about the problems Unogen had in finding a location and said he felt these residents' fears have been calmed. After this discussion, roll-was called and the motion carried by the following recorded vote: AYES: ~AYS: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. None. Agenda Item No. 7. Transfer of funds for Court Square Facility. Mr. Agnor told the Board that when estimates were being taken for furnishing needs during- the renovation of the buildings on Court Square, the judges' offices were left out of the bidding process. For this reason, the Board needs to appropriate $20,000 for furniture. Of that amount, $14,181 was the low bid on the furnishing for two judges' offices, a secretary's office, library, conference room.and waiting area. The remaining $5,819 will be used for coat racks, trash cans, door stops, benches, chairs, paintings and the like. Mr. Agnor said the money can be transferred from the funds that were originally appropri~ ated to install the telephone system. That installation ~ill come in substantially under budget because the County has elected to place an independent system in the Court Square build- mngs, rather than a phone system tied to the County Office Building's system. Thus the ori- ginal cost of $75,000 for that project was reduced to $55,000. Mr. Lindstrom remarked that $5,800 looks to him like a lot of money for benches and chairs. Mr. Agnor said this included decoration of the hallways and some paintings Judge Tremblay would like to have in the office. Mr. Lindstrom then made motion to approve the transfer of $20,000 within the Capital Improvements Fund for the renovation of the buildings on Court Square. Mrs. Cooke seconded the motion, which passed by the following recorded vote: AYES: NAYS: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. None. F~.ht Meetin .~. 45 BE IT RESOLVED 'by the Board of Supervisors of Albemarle County, Virginia, that $20,000 be, and the same hereby is, transferred within the Capital Improvements Fund from the Communication Equipment Fund 1-9000- 06000-700300 to the Furniture and Fixtures Fund 1-9000-06000-700200; AND, FURTHER, that this appropriation is effective this date. Agenda Item No. 8. Approval of Minutes: August 1, November 7 (afternoon and night), November 14 and November 29, 1984. Mr. Lindstrom told the Board he had not read the first half of the August l, 1984 minUtes. Mr. Way said he had read the second half, and that there were no problems except for the last page of those minutes where a motion was both offered and seconded by Mr. Way. Mr. Lindstrom actually seconded the motion. Mr. Bowie said he had read the November 7, 1984 (afternoon) minutes, and suggested several corrections. He asked that the phrase "set out" be deleted in the eighth paragraph on page one; that "thought" be added to a line in the ninth paragraph on the second page; that "good" be changed to "interest" in the third line of the eighth paragraph on the third page, and that, on page nine, the fourth line of paragraph seven be changed to read "claimed no knowledge" instead of "had no knowledge". The minutes for November 7, (night) , November 14 and November 29 have not been read. Mr. Bowie made motion to approve the minutes of November 7 (afternoon) and August l, (part) as corrected. Mr. Way seconded the motion, which carried by the following recorded vote: AYES: Mr. Bowie, Mrs. Cooke,-Messrs. Fisher, Henley, Lindstrom and Way. NAYS: None. Agenda Item No. 9. Other Matters Not on the Agenda. Mr. Fisher told the Board he has received a letter from Mrs. Florence Bruce requesting a load of gravel for her parents' driveway on Route 674 where a school bus turns every day. Mr. Fisher asked the staff to check whether or not the County has a fund to handle such matters or whether these requests are passed along to the Virginia Department of Highways and Transpor- tation. He also wanted to know how many similar requests the Board might receive if it granted this one. Mr. Agnor told Board members that the H. B. 1676 on mobile homes, which would forbid counties making any distinction between mobile homes and site-built housing in rural areas, has passed the House of Delegates and is now before a Senate committee. He said a hearing has been scheduled for February 13, 1985 at 10:00 a.m. to receive comments on the legislation. The Virginia Association of Counties is asking that the individual counties oppose the measure. He reminded the card that it has sent information on this issue to its legislators and to members of the committee. Mr. Agnor said he had talked with Senator Tom Michie by telephone and the Senator opposes the bill. Mr. Fisher said that since the thirteenth is a Board meeting day, it will be difficult for one of the Board members to attend. He asked if a staff person might be sent instead. Mr. Agnor said that while a staff person could certainly go, the Senate committee would be more likely to attach some weight to a Board member's presence and comments. He said the committee is only looking for brief comments. Mr. Way said the Board should send someone, because the issue of controlling the placement of mobile homes is a vital one. Mr. Fisher asked Mr. Way if he wanted to go to the hearing. Mr. Way indicated that he did not. Mr. Fisher asked if Mr. Way would do it anyway, since the $cottsville District is a rural area with many mobile homes. Mr. Way said he would weight the ~dvantages of going to the hearing against those of being at the Board of Supervisors' meeting ~nd give Mr. Agnor an answer by Friday. Mr. Fisher said it is important that the Board oppose any removal of its zoning powers. Mr. Bowie added that the Thomas Jefferson Planning District Commission is planning to draft a resolution opposing the bill, and if Mr. Way, or whoever wishes to attend the hearing, would like, he could have a copy of the resolution for presentation at the hearing by the Monday before it takes place on February 17. Mr. Lindstrom said he has spoken with Mrs. Treva Cromwell and she is willing to serve on the Land Use Procedures Study Committee as one of the Board's appointees. She has been atten~ ding some of the Committee's meetings as an observer. He then offered motion to appoint Mrs. Cromwell to the Land Use Procedures Study Committee. Mr. Way seconded the motion, which carried by the following recorded vote: AYES: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. NAYS: None. Mr. Lindstrom said that Delegate Callahan had introduced legislation into the House of )elegates that would allow private roads in subdivisions by right and would not require bonding. ~r. LindStrom said this is appalling and he requested the staff to keep an eye on the legis~ ilation. Mr. Henley said he had nominations for two boards. February 6, 1985 (Regular Night Meeting) He nominated Mrs. Doris Davis for the Welfare ~Board, term to exprire on June 30, 1987, to ~resent the White Hall District. Mr.~ Bowie seconded the nomination, which passed by the .g recorded vote: Mr. Bowie, Mrs. Cooke, Messrs, Fisher, Henley, Lindstrom and Way. None. Mr. Henley then nominated Mr. Mack J. Sheets, a retired engineer, to the Industrial Develop Authority for a term to expire on January 19, 1989, to represent the White Hall District. Way seconded the nomination, which passed by the following recorded vote: : Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. : None. Mr. Bowie noted that he received a letter from James B. Anderson on the Coalition of Rural inia Governments. He asked the staff to investigate the aims of this coalition. Not Docketed. At 8:30 p.m., at the request of the County Executive, on motion by Mrs. , seconded by Mr. Bowie, the Board agreed to go into executive session for personnel , by the following recorded vote: : Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way. : None. Agenda Item No. 10. ourned at 9:30 p.m. Adjournment. The Board came out of executive session and immediately CHA~RMAN