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HomeMy WebLinkAbout1978-05-17NMay 17, 1978 (Regular-Night Meeting) 255 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on May 17, 1978, at 7:30 P.M. in the Albemarle County Courthouse, Charlottesville, V~rginia. Present: Messrs. Lindsay G. Dorrier, Jr., Gerald E. Fisher, J. T. Henley, Jr., F. Anthony Iachetta, C. Timothy Lindstrom and W. S. Roudabush. Officers present: Messrs. Guy B. Agnor, Jr., County Executive; George R. St. John, County Attorney; and Robert W. Tucker, Jr., County Planner. Agenda Item No. 1. Mr. Fisher requested a moment of silence, then c~lled the meeting to order at 7:40 P.M. Agenda Item No. 2. SP-78-18. James W. Moore. To locate engineering and light manufacturing, with authorization for up to 20 employees, on 2 acres zoned B-1 Business. Property is located on south side of Route 738 in Ivy. County Tax Map 58, Parcel 37C, part thereof. Samuel Miller Magisterial District. (Advertised in the Daily Progress on May ~ and May 10, 1978.) Mr. Robert Tucker reported this item was deferred by the Planning Commission and recommended the Board defer this until June 21, 1978. Motion to defer was offered by Dr. Iachetta, seconded by Mr. Lindstrom, and carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Agenda Item No. 3. Set Public Hearing Date on Leash Law in Carrsbrook Subdivision. Mr. Agnor reported receiving a petition requesting the leash law. be enacted in the Carrsbrook Subdivision. Motion was offered by Dr. Iachet't'a to set a public hearing for June 21, 1978 at 7:30 P.M. Motion was seconded by Mr. Dorrier and carried by the follow- ing recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roud~Hush. None. Agenda Item No. 4. Set Public hearing for Leash Law in Deerwood Subdivision. Mr. Agnor presented a petition containing 59 signatures; approximately 3/4 of the Deerwood Subdivision population. Motion was offered by Dr. Iachetta, seconded by Mr. Roudabush, to set the public hearing for June 21, 1978. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Agenda Item No. 5. SP-78-20. Edmund S. Kardys. To locate a mobile home on 5.003 acres zoned A-1. Property located on west side of Route 20 approx~imately one mile south- west of Carter's Bridge. County Tax Map 112, ParceI 18A, part-thereof, scottsville Magisterial District. (Advertised in the Daily Progress on April 11, 1978.) Mr. Tucker read the County Planning Staff's report: "Character of the Area Several single family dwellings exist in the area. Three mobile homes and a non- conforming auto shop are located south of the site. This property is rolling and generally open in nature. Route 20 South has State and County scenic designation. Staff Comment The applicant proposes to locate the mobile home between two ridges in a lightly wooded area. The mobile home would be set back from Route 20 South about 700 feet. While the mobile home would likely be rinsible for about 50 yards along Route 20, staff opinion is that it would not be obtrusive to the area with proper conditions of approval." Mr. Tucker said the Planning Commission at their meeting of May 16, 1978, recommended by a vote of 6/2 approval with the following conditions: 1. Unless otherwise expressly provided herein, compliance with Section 11-14-2 of the County Zoning Ordinance; 2. Provide a white pine screening (5 feet to 6 feet in height) along Route 20 to the reasonable satisfaction of the Planning Department; 3. Mobile home to be located as shown on plat submitted by applicant;' 4. Only one dwelling unit to be located on this property without Planning Commission approval; 5. Mobile home to be of neutral color and of non-reflective surface. Mr. Tucker then noted receipt of several letters of opposition from residents in the area. Mr. Kardys was present and said he wished to locate in this area due to health reasons of his wife. He said he had no objections to the condition's recommended by the Plan~ing Commission and staff. No one else from the public wished to ~speak either for or against this petition and Mr. Fisher declared the public hearing closed. 257 May 17, 1978 (Regular-Night Meeting) Mr. Dorrier said it was his opinion that the main objection of neighboring property owners was the fact that this mobile home would be located on a scenic highway. Mr. Henley said he felt condition number five was unreasonable. It was the consensus of the remainder of the Board that with-the acreage and setback distance, they had no objection to the site for a mobile home. Motion was offered by Dr. Iachetta, seconded by Mr. Roudabush, to. accept the recommendation of the Planning Commission, with the deletion of recommended condition number five. Roll was called, and motion carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Agenda Item No. 6. SP-78-13. Robert J. Miller. To locate a Home Occupation-Class B (lawn service, management, and maintenance) on 6.63+ acres zoned A-1 Agricultural. Property is located on Route 689 approximately 1/2 mile north of intersection of Routes 689 and 637. County Tax Map 71, Parcel 15, part thereof. Samuel Miller Magisterial District. (Advertised in the Daily Progress on May ~ and May 10, 1978.) Mr. Tucker noted receipt of a letter from Mr. Miller requesting withdrawal without prejudice. Motion was offered by Mr. Lindstrom, seconded by Dr. Iachetta, to accept the applicant's request for withdrawal without prejudice. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Agenda Item No. 9. SP-78-17. William F. Giannini. To locate a Home Occupation- Class A on three acres zoned B-1 Business. Property is located on the' southeast side of intersection of Routes 20 and 6 across from Scottsville Shopping Center. County Tax Map 130A(1), Parcel 49. Scottsville Magisterial District. (Advertised in the Daily Progress on May 3 and May 10, 1978.) Mr. Tucker read the County Planning Staff's report: "Character of the Area Scottsville Shopping Center and Smith Chevrolet are adjacent to the west and south. Single-family dwellings are located across Route 20 South. Ail property in this block is zoned B-1 Business. Staff Comment The applicant proposes to make small wooden craft objects and his wi2e would crochet and knit dotlhouse items such as bedspreads and rues. There would be no employees or sales from the premises. Ail activity would occur in an existing dwelling. Staff recommends approval subject to: 1. Compliance with requirements of Section 16-44.1 Home Occupation: 2. Staff approval of site plan." Class A; Mr. Tucker noted the Planning Commission recommended unanimously to approve the re- quest with the two conditions recommended by the planning staff. Mr. Dorrier said he wished to abstain from vote .on this item since 'in his private practice he represented Mr. Giannini. Mr. Giannini said the owner of the property, Mr. Douglas White, has given his per- mission for the home business. No one else from the public wished to speak either for or against this petition, and motion was offered by Mr. Roudabush, seconded by Dr. Iachetta, to approve the request with the' conditions recommended by the' ?lanning C'~mmission. Roll was called and the motion carried by the' foll. o~'ing rec.crded .rot'e: AYES: Messrs. Fisher, Henley, Iachetta, Lindstrom and RoudabUsh. NAYS: None. ABSTAINING: Mr. Dorrier. Agenda Item No. llA. Appointment: Albemarle County Service Authority. Mr. Fisher recommended the appointment of Mrs. Elizabeth Tewksbury of West Leighl Motion was offered by Mr. Roudabush, seconded by Mr. Lindst~om, to approve the appointment for a four-year term which will expire on April 16, 1982. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Agenda Item No. liB. Appointment: Industrial Development Authority. Dr. Iachetta offered the name of Mr. Raymond L. Bell for reappointment, stating that he has previously held a short term to that Authority when it was first created. Motion was offerer by Dr. Iachetta, seconded by Mr. Roudabush to reappoint Mr. Bell to a four-year term which will expire on January 19, 1982. Roll was called and.the motion carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. May 17, 1978 (Regular-Night Meeting) 258 Not Docketed: Mr. Dorrier recommended the name of Mr. William P. Heath of Esmont for appointment to the Scenic Rivers Committee. Motion was seconded by Mr. Lindstrom, and carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Agenda Item No. 7. ZMA-78-04. Robert David Rosson. To rezone four acres from RS-1 Residential to A-1 Agriculture. Property is located on the north side of Route 250 West, approximately 1/4 mile east of the intersection of Routes 250 and 750. County Tax Map 69A, Lots 8, 9, 10, 2, 3, 94 and 95. Samuel Miller Magisterial District. (Advertised in the Daily Progress on May 3 and May 10, 1978.) Mr. Tucker read the County Planning Staff's report: "Requested Zoning: A-1 Agriculture Acreage: Approximately 4 acres Current z°n~[ .... R~-i Residential Suburban Location: Property, described as Tax Map 69A, Lots 2, 3, 8, 9, 10, 94, and 95 is located on the north side of Route 250 West in Blue Ridge Acres Subdivision. Charac$~r of the Area To the west is vacant property and the Rockfish Gap Country Store. Single-family dwellings are to the east and south. Property to the north is undeveloped. Route 250 West has been designated an Albemarle County Scenic Highway. A non-conforming log operation, two mobile homes, and a single-family dwelling exist on this property. The average lot size in Blue Ridge Acres is 0.768 acres. Comprehensive Plan This area is recommended for Agricultural Conservation. Staff Comment In April, 1971, the Board of Supervisors, by resolution, zoned the platted portions of Blue Ridge Acres and Parcel 52A from A-1 to RS-1. The s2aff report indicated that such rezoning was for the purpose of excluding mobile homes and was contrary to the recommendations of the Comprehensive Plan. (This rezoning was similar to that which took place at Boyd's Tavern, the objective apparently being the ex- clusion of mobile homes). At a later date (ZMA-329, A~gu~t, 1975), parcel 52A was zoned back to A-1 to permit continued farming activities. This applicant is currently requesting rezoning back to A-1 to permit the continuance of and to make legal the recent expansion of the logging operation. In addition, his mother (owner of Parcels 94 and 95) wishes to continue the keeping of fowl and livestock and to request a mobile home for the applicant's sister. None of these activities are permitted within the RS-1 zone. Staff makes the following observations: Recent establishment of the large metal shed on parcel 3, whether due to insufficient information submitted by the applicant or clerical e~ror by the Inspections Department, constitutes unlawful expansion of a non-conform- ing use. As indicated by the' Zoning Administrator, rezoning of this property could make this use conforming (ei'ther by right o~ by special permit) and a site plan would be required. Th~s would provide control to the' County in what is, in staff opinion, a currently dangerous and unsightly situation. Staff disagrees with the ~County..acti:on. of 1971 rezOning this property to RS-1 since it is in conflict ~ith it~C'omp.rehens.i~e Plan and apparent~ywaS ~ased on the property ~wner.s deSire~ .'t~ ~exc~l~de' mo~le]homes 'frOm th~ 'area. In phone conversation, the Health Department indicated that septic permits had been denied in portions of this subdivision and that those lots fronting on Routes 250 West and 796 were particularly questionable (The Health Department denied two permit applications by Mr. Rosson). Though rezoning this property would leave an isolated lot zoned RS-1 (lot 1), staff recommends approval of this petition. The Planning Commission and Board of Supervisors, as was done in the case of the RS-1 zoning in the Boyd's Tavern area, may wish to consider rezoning Blue Ridge Acres to A-1 Agriculture, due to its conflict with the Comprehensive Plan recommendations." Mr. Tucker noted that the Planning Commission recommended unanimously to approve this request. Dr. Iachetta noted that several requests for soil tests to place septic systems in the area had failed. He further noted a comment in the staff report that there are areas in this subdivision where homes exist without septic systems. He commented that this is a matter that the Health Department should be looking into. The applicant ~as not present; no one either for or against this petition wished to speak, and Mr. Fisher declared the public hearing closed. Motion was offered by Dr. Iachetta seconded by Mr. Roudabush to defer this request until June 21, 1978, at 7:30 P.M. in order for the applicant to be present. Roll was called and motion carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. 259 May 17, 1978' (Regular-Night Meeting) Motion was then offered by Dr. Iachetta,~ordering the County Executive to correspond with the Health Department concerning the two homes with the problem of improper waste- water disposal in the area of the watershed. Motion was seconded by Mr. Lindstrom. Roll was called and motion carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Agenda Item No. 8. SP-78-14. Mel-Ray Corporation. To locate 71 dwelling units on 3.527+ acres zoned R-3 Residential. Property is located on east side of Route 743 across from Georgetown Green and south of Albemarle High School. County Tax Map 61, Parcel 39, part thereof. Charlottesville Magisterial District. (Advertised in the Daily Progress on May 3 and May 10, 1978.) Mr. Tucker read the County Planning Staff's report: "Character of the Area This property is undeveloped and wooded as are properties to the east and south. Two single-family dwellings are to the north. Georgetown Green and the Hop-In Food Market are across Route 743. Staff Comment The Planning Commission recently approved the Hydraulic Apartments site plan for this property' with '70 units. The applicant wishes to increase this to 71 units. Staff recommended to the applicant that additional acreage be obtained from adjoining property. Staff has consistently recommended denial of requests in this area which would increase traffic, however, such an increase in this case would not be substantial (from 511 v.t.p.d, to 518 v.t.p.d.). Should the Planning Commission and Board of Supervisors choose to approve this petition, staff recommends administrative approval of the' amended site plan." Mr. Tucker said the Planning Commission at their meeting on May 2, 1978, unanimously voted to recommend approval of this special permit and that the site plan be approved administratively. Mr. Phillips was present to speak to the Board, represent%ng Mel-Ray Corporation. No one else from the public wished to speak either for or against this petition, and Mr. Fisher declared the public hearing closed. Motion was offered by Mr. Roudabush, seconded by Mr. Dorrier, to accept the recommendation of the Planning Commission for approval. There was no further discussion, roi1 was called, and motion carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Agenda Item No. 10. report: The' Meadows Site Plan. Mr. Tucker presented the Planning Staff's "Location: On the west side of Route 240. Zoning:. RPN/RS-1 Proposal: To relocate proposed entrance from its approved location on the north side of the site to a point near the center of the site. History: Site plan approved February 28, 1978. Rezoning approved July 6, 1977. Staff Comment: The applicant has requested this amendment due to the rock encountered at the first entrance location. The Highway Department examined this location along with a location on the south side of the property. Staff has no problem with this new location. It does not affect the interior layout which was previously approved. Staff reco,.mmends approval of this amend- ment to the original site plan." Mr. Tucker noted the amendment was unanimously approved by the Planning Commission at their meeting of April 25, 1978. Mr. Henley commented that a number of the citizens were concerned about this change, due to a possible left-turn hazard. Mr. Phillips spoke representing the applicant, the Jordan Development Corporation. He said several sites were investigated as an alternate entrance, and the one presented this evening was the least complicated as far as grading and sight distance requirements. Mr. Dan Roosevelt, of the Virginia Department of Highways and Transportation, was present, and gave his recommendation as far as traffic counts on Route 240, versus the number of vehicles making left turns. He reported no problems are anticipated in making a left-turn at this point. He also noted that stopping distance should be shorter and stopr- ping itself easier at the proposed location than at the former approved location. Mr. Fisher opened the discussion to the~public. First to speak was Ms. Jo Stanley who presented copies of a newsletter mailed to residents of the Crozet area_regarding roads in Crozet. She stated her concern that the road is narrow and will present a real danger to motorists making a left-turn into The Meadows site. Mr. Lou Eaton said he felt this proposed entrance is not safe as it gives the bare minimum sight distance, and is along the top of a steep hill (which would be hazardous in the winter months). He said he represented the people of Crozet, and they all hoped to see this project completed with the safety of the local residents and the residents of The Meadows project in mind. May 17, 1978 (Regular-Night Meeting) Ma_y~_ 1978 (Night-Adjourned from May 17, 1978) 260 Mr. Massey Jarman, a resident of Crozet near the proposed site, expressed his concern for the amount of sight distance. He suggested some of the money saved on the parking area be placed into widening the road for a left-turn lane. Mr. Conway Stanley asked if the internal road will be accepted by the State Department of Highways and Transportation even if it does not meet sight distance standards. Mr. Roosevelt said it would not be accepted by the State if it does not meet all requirements, as in the case of any other road. Mr. Richard Moyer said a left-turn lane would help save ~ives, especially for the older citizens who would be living there. Mr. David Kudravetz, representing the Jordan Development Corporation, said his client felt sure this new site was the proper location. They also had minimum funds for site improvements, and felt this was the best use of the funds. Mr. L. C. Staley said the opinion of a State Trooper should be sought in this situation. Mr. Fisher replied that since the County does not have a Highway and Transportation Depart- ment, they depend on the Virginia Department of Highways and Transportation for opinions in all road matters. Mr. Roosevelt said he wished to clarify his opinions for the Board and citizens. He noted that many improvements could be made to the area which would improve the safety aspect at the entrance. He added that such improvements would be far in excess of the requirements set as standards by the Virginia Department of Highways and he would not be able to require those type of improvements. No one else from the public wished to speak. Mr. Fisher noted that in order to change the approval set by the Planning Commission, it requires affirmative action by the Board. If no such motion is approved, the conditions of the Planning Commission will s~and as approved. Mr. Lindstrom said based on the expert opinions of the State Department of High- ways, he sees no reason to change the conditions as adopted by the Planning Commission. Mr. Dorrier said he also supported the Planning Commission. Mr. Henley said he was in favor of a third, turning lane, but felt there was no such support among ~he Board members. No motion was offered by any Board member, therefore the conditions of approval set by the Planning Commission stand approved. At 9:26 P.M., motion was offered by Mr. Lindstrom, seconded by Dr. Iachetta, to adjourn this meeting to May 22, 1978, at 7:30 P.M. in the Albemarle County Courthouse. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. ~/C~gi-rman May 22, 1978 (Night-Adjourned from May 17, 1978) An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on May 22, 1978, in the Albemarle County Courthouse, Charlottesville, Virginia; this meeting being adjourned from May 17, 1978. 77 Present: Messrs. Lindsay G. Dorrier, Jr., Gerald E. Fisher, F. Anthony Iachetta and C. Timothy Lindstrom. Absent: Messrs. J. T. Henley, Jr. and W. S. Roudabush. Officers present: Messrs. Guy B. Agnor, County Executive and George R. St. John, County Attorney. Agenda Item No. 1. Call to order. the Chairman, Mr. Fisher. The meeting was called to order at 7:35 P.M., by Agenda Item No. 2. Public Hearing: Leash Law in Oakhill Subdivision. (Advertised in the Daily Progress mn May 8 and May 15, 1978.) Mr. Fisher reported receipt of two petitions, one containing 48 signatures, and the other containing 16 signatures, request- ing the leash law be applied to Oakhill Subdivision. Mr. Fisher opened the public hearing, requesting those in favor of the leash law to speak first. First to speak was Mr. Hugh Underwood who said he has been a resident of Oakhill since 1969. He said the dogs have been damaging his property and annoying his small child. He also said many animals have been killed on the highway which is only a few hundred yards from his home. Mrs. Dorothy Underwood said she took the petitions around. She said the ~ogs have been ruining gardens and destroying shrubs. Mr. John Critzer said he had a cat killed by a pack of dogs~ and it could have been a child. Mr. Don Harper said he was opposed to the enactment of the ordinance because he moved to the County so his animals could run free.