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HomeMy WebLinkAbout1978-08-02AAugust 2, 1978 (Afternoon Meeting-Adjourned from July 12, 1978) 357 An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on August 2, 1978, at 1:00 P.M., in the Board Room of the County Office Building, Charlottesville, Virginia; said meeting being adjourned from July 12, 1978. Present: Messrs. Lindsay G. Dorrier,_Jr. (Arrived at 1:16 P.M.), Gerald E. Fisher, J. T. Henley, Jr. (Arrived at 1:12 P.M.), F. Anthony Iachetta, C. Timothy Lindstrom and W. S. Roudabush. Absent: None. 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. Fisher. The meeting was called to order at 1:06 P.M. by the Chairman, Mr. Agenda Item No. 2. Discussion of Highway Matters with William Wrench. The following were present: Messrs. William Wrench, Highway Commissioner; Richard Lockwood, Highway Transportation Planning Engineer; D. B. Hope, District Engineer; D. S. Roosevelt, Resident Highway Engineer; and Peter Easter, Chairman of the Planning Commission. After a lengthy discussion, mainly a question and answer session to familiarize members of the Highway Department with the problems being encountered on Route 29 North, it was the consensus of the Board that one portion of Route 29 North be extracted from the Charlottesvill~ Albemarle Transportation Study for immediate planning; that being the portion from the Route 250 By-pass north to the South Fork Rivanna River. This decision was made at this time because it will be several months before the CATS study is ready for review by the Board. Agenda Item No. 3. Revisions: Runoff Control Ordinance, Discussion of. At the July 12, 1978, recommendations were made by the County Engineer relative to changing the setback requirement from the 200 horizontal feet for the location of a septic system from any impoundment or stream to 100 feet. At that meeting, the County Attorney's office was requested to draft appropriate amendments for the Board's review. Mr. George St. John, County Attorney, was present and said the Charlottesville-Albemarle Joint Health Department, State Health Department, State Water Control Board, the Rivanna Water and Sewer Authority and Dr. Frank Browne all agree that the distance could be reduced to one hundred horizontal feet. Based on scientific literature, it is their feeling that the two hundred foot limitation is overly conservative. Mr. St. John then presented the following language for-discussion: "Section 19.1-5 - Definitions. Tributary Stream. Any perennial or intermittent stream~ including any lake, pond or other body of water formed therefrom or thereon, flowing, whether directly or indirectly, into any impoundment. Section 19.1-6. Runoff control permits - Required for development. (a) Except as otherwise herein expressly provided, it shall be unlawful for any person to engage in any development which is otherwise permitted by law in the watershed of any impoundment until a runoff control permit for such development shall have been issued by the runoff control official pursuant to this article. It shall thereafter be unlawful for any person wilfully to fail to conform~to the provisions of such permit in carrying out such development. ~-eha~-a~e-~e-~aw~-~e~-a~-~e~e~-~e-ee~e~-a~-eewa~e-~e~eea~-e~e~em a~-~a~-ef-w~&eh-~&ee-w&~h&~-~we-h~e~-he~&ee~a~-¢ee~-e$-~he-e~e-e¢-a~ e¢-e~-~e~e~&~&-e~-&~e~m&~e~-e~eam-¢~e~&~-~he~he~-~&~ee~-e~-&~&~ee~ &~e-~-&m~e~8~e~-e~8-~e-~e~m&~-ehe&~-~e-&es~e6-#e~-~he-ee~e~e~&e~-e¢-a~ 6e~e~m&~e-~ha~-&~-~e~&~-~e-&m~ee~&ea~e-~e-ee~e~e~-a-&a~¢~&-ee~e~e-6&e~eea& e~e~em-e~-~-~a~ee&-e¢-~a~-e¢-~eee~-a~-~he-~&me-e¢-~he-a~e~&e~-e¢-~h&e-e~&~e~ee e~ee~-~&~h&~-~e-h~eS-he~&ee~e&-¢ee~-e¢-e~eh-&m~e~6me~-e~-e~eem~-~he ~e¢¢-ee~e&-e¢¢&e&e~-me~-~he~&ee-~he-ee~e~e~&e~-e#-e~eh-e-e~e~em-~e~-e~eh ~e~me-ee-he-m~-~e~e~m&~e-~e-~e-~eeeeea~y-~e-~e~ee~-~he-~&e-hea~h~-e~#e~y-~8 ~e&¢a~e-a~-~e~-~he-e~e¥e&-e¢-~he-¥&~&~&a-~e~a~me~-e¢-Nea~h~--~e~-~eeee e¢-~h&e-eee~&e~-~he-ee~e~e~&e~-e¢-a-ee~a~e-~&e~eee~-eye~em-eha~-~e-~eeme~ &m~ee~&ee~e-&~-e~-eaee-&~-~h&eh-~e-ee~e~e~-e~eh-a-e~e~em-~e~-~eee-~ha~-~ee h~e~-he~&~e~&-¢ee~-¢~em-e~y-e~eh-&m~e~me~-e~-e~eam-~e~-(~-~e-~h~e&e~ &m~eee&~e-~&~h&~-~he-~eeme~&e-&&m&~e-e#-e~eh-~e~-e~-~a~ee~-4@~-~e~&~e-~he ~m~&~-e¢-e¢¢~e~-e~-48~-~e~&~e-~he-ee~e~e~&e~-e¢-e~eh-eye~em-e~-ee&~e-~e~ ~e-~e-~aeee~a~&e-~-~he-~&~&~&e-~ega~me~-e¢-~ea~h-¢e~-e~eh-ee~e~e~&e~ (al) Except as herein otherwise expressly provided, it shall also be unlawful for any person to construct any sewage disposal system any part of which lies (!) Within !00 horizontal feet of the centerline of any tributary stream; provide~ that in no event shall any part of such stream be constructed within 50 horizontal feet of the edge 0f any tributary stream. The foregoing notwithstanding~ in the event that the runoff control official shall determine that it would be impracticable to construct a lawful sewage di. sposal system on any parcel of land of record at the time of the adoption of this ordinance except within the limits hereinabove prescribed, the runoff control official may authorize the construction of such a system upon such terms as he may- determine to be necessary to protect the public health, safety and welfare and upon the approval of the Virginia Department of Health. For purposes of this section~ th~ 358 Aug_ust 2~ 1978 (AFternoon Meetin~g_-Adjourn~d from Jul~ (1) be physically impossible within the geometric limits of such lot or parcel, (2) require the pumping of effluent, or (3) require the construction of such system on soils found to be unacceptable by the Virginia Department of Health for such construction. (e). . * * * (2) The installation, repair, replacement, enlargement or modification of any water supply or sewage disposal system serving not more than two dwelling units; provided that no such sewage disposal system, or part thereof, shall be located "within ~e-h~e~-he~&~e~a&-~ee~-e~-~he-e~e-e~-a~-&m~e~me~-a~-~e~ma~-~ee~ ~e~-w&~&~-~we-~e~-~e~&~e~a~-~ee~-e~-~e-ee~e~-&~e-e~-a~-~e~e~a~-e~- &~e~m&~e~-e~eam-¢~ew&~-~&~ee~-e~-&~&~ee~&~-&~e-a~-&m~e~me~ the limits prescribed in subsection (al) hereof." Dr. Iachetta asked why the distinction of one hundred feet from the impoundment and only fifty feet from the waters edge in the case of a stream. Mr. J. Harvey Bailey, County Engineer, was present and said the pending of a stream is separate from the impoundment of a body of water since it has the advantage of holding the water in and not allowing sedimentatio~ to be passed to the impoundment. Ms. Treva Cromwell, League of Women Voters, was present and read the following letter into the record: "On several occasions the League of Women Voters has expressed its concern aUout protecting our local water supplies, especially the watershed of the South Fork Rivanna Reservoir. We are troubled that the proposal to decrease the requirement of distance from streams to septic drainfields from 200 feet to 100 feet may pose a threat to the watershed. Since there seems to be some question about just how far from the water a septic abs~6rption field should be, we think it wise to err on the side of caution because septic systems have been known to fail despite adequate inspection procedures. Safe distance from surface waters is only one factor that determines how well a disposal system works. Soil permeability, ground water level, depth to rock, sand, or gravel~ the kinds of soil and slope as well as distance to surface waters are all characteristics that affect the performance of a drainage field. The~e are no ordinary surface waters we are talking about. They are the principle source of drinking water for thousands of citizens in Charlottesville and Albemarle County. Distance requirements for septic systems in such areas should certainly exceed those required for location a septic field in relation to a well. Therefore, we believe that the 200 foot setback should be maintained." Speaking next was Mr. Jim Murray, representing Mr. Kenneth Youei. He said the same concerns expressed by the League of Women Voters to protect the water supply are shared by him. However, the limitation of two hundred feet is a hardship on the builders in the County and severe economic consequences are being faced as a result of the ordinance. He requested action on this matter be taken immediately. Mr. Max Evans spoke next in support of the revised amendment. He felt that one hundred feet was adequate to protect the streams and also allow good planning and development of the land. He also urged the consideration for fifty feet from holding'ponds or sediment basins because it would be an incentive for the develOpers to build the holding ponds, lakes or basins and therefore, protect the reservoir itself. Mr. Preston Stallings, President of the Blue Ridge Home Builders Association, was present in support of the amendment. ~~g~~38~Y~~~. Mr. Fisher expressed his concern about one hundred feet~from the impoundment and on±y ~ ~lfzfty feet from holding ponds or sediment baszns. He felt/ca, c= ~ ~ ..... ~ ...... ~~ l~.c not settle out i~ - ~ ~ and he could not understand Why two different fstandards were proPosed~' ' - - Dr. Iachetta agreed and moved to advertise the liamended language for public hearing at 7:30 P.M. on SePtember ~3, 1978 in the Albemarle llCounty Courthouse with Section 19.1-6(a)(2) changed to read as follows: "Within 100 horizontal feet of the edge of any tributary stream." Mr. Lindstrom seconded the motion and same carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None· Agenda Item No. 4. Appointment: Soil Erosion Advisory Board. Motion was offered by Mr. Roudabush to appoint Mr. Stirling Wiliiamson, Jr., to the Soil Erogion Advisory Board; said term expiring on July 1, 1979. Dr. Iachetta seconded the motion and same carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Iachetta, Lindstrom and Roudabush. . NAYS'. None. ~7:) : :~ ABSENT: Mr. Dorrier. ugust 2~, 1,9~ (~fte. r. ngon ..Meeting-Adjourned from guly 12, 1978) ugu_s~ ~,~±~to ~l~i~gn~ meeting) 359 Agenda Item No. 5. Resolution: Poison Prevention Week. The following resolution was presented for the Board's Consideration: "WHEREAS poisoning is the fourth most frequent cause of accidental death in this country and accounts for a majority of pediatric medical emergencies; and, that more than 90% of the 5 million poisoning cases a year are children and; WHEREAS a well run full-time poison control center can significantly reduce death and injury in the population served, but that in the past, the State of Virginia and more particularly, the central Virginia area has had no such full time facility and; WHEREAS the University of Virginia Medical Center has now established a computerized and efficient 24 hour Poison Control Center to provide every resident -in Virginia immediate access to competent, comprehensive poison information; and, to reduce the time to appropriate treatment for all patients with poisoning through development of information links with Emergency rooms and other essential facilities; and, to reduce by at least ~0% the hospital admissions and deaths in the pediatric age group. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County that the Poison Control Center of the University of Virginia Medical Center is endorsed and supported and, that the Board joins in designating the Week of August 1-7 as Poison Prevention Week for Central Virginia to the end that all residents of this area be made aware of this service not heretofore available and be encouraged to utilize the services of the Poison Control Center when necessary, so that injury and death from all poisonings may be reduced and avoided." Mr. Lindstrom then offered motion to adopt the above resolution. the motion and same carried by the following recorded vote: Dr. Iachetta seconded AYES: Messrs. Fisher, Henley, Iachetta, Lindstrom and Roudabush. NAYS: ;None. ~-- ' ABSENT: Mr. Dorrier. Agenda Item No. 6. Executive Session: Legal Matters. Upon request from the County Attorney, motion was offered by Mr. Roudabush at 3:25 P.M. to adjourn into executive session to discuss legal matters. Dr. Iachetta seconded the motion and same carried by the following recorded vote: AYES: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. NAYS: None. At 7:30 P.M., the Board reconvened and immediately adjourned. CHAIRMAN August 2, 1978 (Night Meeting) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on August 2, 1978, at 7:30 P.M., in the Albemarle County Courthouse, Charlottesville, Virginia. Present: Messrs. Lindsay G. Dorrier, Jr., Gerald E. Fisher, J. T. Henley, Jr., F. Antl Iachetta, C. Timothy Lindstrom and W. S. Roudabush. Absent: None. Officers Present: Guy B. Agnor, Jr., County Executive; George R. St. John, County Attorney; and Robert W. Tucker, Jr., County Planner. Agenda Item No. 1. The meeting was called to order at 7:35 P.M. by the Chairman, Mr. Fisher. Agenda Item No. 2. SP-78-36. Stuart and Ellen Johnson. Locate a mobile home on 0.82 acres zoned A-1. Located on northwest side of Route 808, approximately 600 feet from the intersection of Routes 808 and 250 East. County Tax Map 94, Parcel 49B. Rivanna Magisterial District. (Advertised in the Daily Progress on July 20, 1978.) Mr. Robert W. Tucker, Jr., County Planner, read the following staff report into the record: "This mobile home is currently parked on the site. Two single-family dwellings are immediately adjacent to the site with several other single- family dwellings and new construction to the south in Running Deer Subdivision. The site is heavily wooded, however, due to the silver color of the mobile home it will be visible. Given a lot of less than an acre, served by individual well and septic system, it is likely more prudent to locate a mobile home rather than a conventional dwelling should the septic system become unusable due to the size of the lot, because it is nonconforming, the mobile home could be moved. Should the Planning Commission and Board of Supervisors choose to approve this petition, staff recommends the following condition: i~ .~i~an~-~'~i2hO:2&~i~l~r[~.2 of the Zoning Ordinance."