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HomeMy WebLinkAbout1975-08-27N268 8-27-75 (afternoon) 8-27-75 (night) Mr. Wheeler reconvened the meeting from executive session into open session at 7:25 P.M., and then declared the meeting adjourned. 8-27-75 (Night) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on August 27, 1975 at 7:30 P.M., in the Albemarle County Courthouse, Charlottesville, Virginia. PRESENT: Messrs. Stuart F. Carwile, Gerald E. Fisher, J.T. Henley, Jr., William C. Thacker, Jr., Gordon L. Wheeler (arrived at 8:25 P.M.), and Lloyd F. Wood, Jr. OFFICERS PRESENT: T.M. Batchelor, Jr., County Executive; Robert Sampson, Assistant to the County Executive; George R. St. John, County Attorney; Frederick Payne, Deputy County Attorney; and John Humphrey, County Planner. Meeting was called to order by Mr. William Thacker, Vice Chairman, who stated Mr. Wheeler would be arriving later in the meeting. The Board then conducted public hearings on zoning matters adver- tised on dates set out in descriptions. No. 1. SP-508, John H. Flick, (deferred from August 15, 1975) request to locate a mobile home on 2+ acres zoned A-1. Property on south side of Route 643. County Tax Map 46, Parcels 102 and 106, part thereof. Charlottesville and Rivanna Magisterial Districts. (Advertised in the Daily Progress on July 8 and 15, 1975). Mr. John Humphrey, County Planner proceeded to read from the staff report: "Property is located on the south side of Route 643, adjacent to the C & O Railway and near the old polo field. Area is rural in character with several single-family dwellings, although most are not visible from Route 643. The area is wooded in deciduous trees and is located near Powell Creek. The Powell Creek Interceptor Sewer line is being installed at this time. This mobile home application comes before the Board because of an objection from an adjacent property owner. According to the South Fork Rivanna River Flood Plain Information, this property appears to be located on the fringe of the Standard Project Flood level which is at an elevation of 360 feet above mean sea level. This has been checked out by the County Engineers office, and in a letter they stated the site is nine feet above flood stage level as recorded by the Corp of Army Engineers. The Health Department has also viewed the site, and in a letter dated August 12, 1975 from Mr,. Homer Cheavacci addressed to Mr. Robert Tucker, he states "It is highly recommended that Mr. Flick be allowed to hook up his trailer to the public sewer line now being installed in close proximity to where this proposed trailer will sit. If this is not possible, a septic system can be installed in an area behind the trailer. Such a system would require the in- stallation of a dual pmmp system, a warning device inside the trailer, plus 800 square feet of drainfield line." 3. 4. 5. 6. 7. 8. The Planning Commission and staff recommend approval with the following eight conditions: Approval from appropriate state and local agencies; Setback from Route 643 of 100 feet; Side yard setback of 25 feet and rear yard setback of 35 feet; Skirting around mobile home from base of mobile home to ground level; Mobile home s~a!l not be rented under any circumstances; Screening, if any, to be determined by the Zoning staff; Time limit of five years. Permit issued to applicant and is non-transferable. Mr. Carwile asked if the objection received against this mobile home was in the form of a letter and if so if Mr. Humphrey should read same. "Geoffrey Tait Satyrfield Charlottesville, Va. July 15, 1975 In response to your inquiry concerning Special Permit #508 locating a mobile home on Parcels 102 and 106, part as described in County Tax Map 46, in the Charlottesville Rivann~ Magasterial District, I take this opportunity to state my opposition to the placement of the same in that location. I Will appear in person at the Planning Commission hearing on August 5, 1975 at 7:30 P.M. in the Board Room of the County Offic.e Building to speak on this matter, as per the form letter you sent dated July 8, 1975." Mr. Humphrey said that Mr. Tait's objection was only that the mobile home would be in the flood Mr. Flick was present in support of his request. No one else from the public was present to speak either for or against the request, and Mr. Thacker declared the public hearing closed. Mr. Wood then made motion to approve the application w'i~h the conditions placed upon it by the Planning Commission. Motion was seconded by Mr. Carwile, and carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Henley, Thacker and Wood. None. Mr. Wheeler. "~h 8-27-75 (night) 2 6 9 No. 2. ZMP-329, William A. and Shirley L. Stanton, request to rezone 11.5 acres from RS-1 Residential to A-1 Agricultural. Property situated on the north side of Route 250 West and Route 796 at their western intersection. Property described as County Tax Map 69, Parcel 52A. White Hall Magisterial District. (Advertised in the Daily Progress on August 6 and 13, 1975). Mr. Humphrey noted this request was located in the moratorium area, and requested deferral until September 10, 1975. Motion to defer was offered by Mr. Wood. The applicant, Shirley L. Stanton was present, and asked why the Board could not act on a down zoning request in the reservoir area. Mr. St. John said the resolution adopted by the Board pre- cludes any rezonings. He added they may not have intended it to preclude this type of rezoning, but it does state that there will be no rezoning of any kind. The motion died for lack of a second. After some discussion as to whether another amendment to the moratorium would have an effect on its ability to be defended in court, Mr. Carwile offered a substitute motion to adopt the following resolution: WHEREAS, An emergency has been found to exist, NOW, THEREFORE, BE IT RESOLVED, by the Albemarle County Board of Supervisors, that the Interim Moratorium Ordinance is hereby amended to include rezoning where the end result is A-1 Agricultural. Motion was seconded by Mr. Henley, and carried by the following recorded vote: AYES- NAYS: ABSENT: Messrs. Carwile, Fisher, Henley, Thacker and Wood. None. Mr. Wheeler. Returning to ZMP-329, Mr. Humphrey read the staff report: "This property has frontage on Routes 250 West and 796. It is rural in character with a large amount of agricultural activity taking place and some residential development in the immediate area. The topography is gently rolling being located at the base of the Blue Ridge Mountains. The Comprehensive Plan recommends that this area be designated Conservation, with a density of one dwelling unit per five acres. The surrounding property is zoned RS-i, with the exception of the property in question, most of the land has been subdivided into lots with an average area of-approximately one acre. The applicant wishes to rezone his land appropriately in order that he can continue farming. The Planning Commission and staff recommend approval." Neither the applicant or anyone else from the public had any comments on the request, and Mr. Thacker declared the public hearing closed. Mr. Carwi!e offered motion to approve the rezoning request. Motion was seconded by Mr. Fisher, and carried by the following recorded vote: AYES' Messrs. Carwile, Fisher, Henley, Thacker and Wood. NAYS: None. ABSENT: Mr. Wheeler. No. 4. SP-506, Hickory Ridge Limited, request to locate a central well on part of 517.14 acres zoned A-1 Agricultural (P.U.D.) Property is situated on the northwest side of Route 665. Property further described as County Tax Map 30, Parcels 36, 37 and 37A, and Tax Map 18, Parcels 14 and 14A. Rivanna Magisterial District. (Advertised in the Daily Progress on August 6 and 13, 1975). Mr. Humphrey said this request is also in the moratorium area and that the Board should defer the matter. The applicant was present, and stated that all Pipes leading from the well to the homes served were placed in the ground and ready for hookup. After considerable discussion by the Board and County Attorney as to whether the Interim Moratorium Ordinance should again be amended to allow matters of. this type to be approved, Mr. Wood offered motion to defer this item until S~ptember 10, 1975 at 7:30 P.M. Motion was seconded by Mr. Henley, and carried by the following recorded vote' AYES: Messrs. Carwile, F~sher, Henley, Thacker and Wood. NAYS' None. ABSENT: Mr. Wheeler No. 5. ZMP-330, Peter Sargent, request to rezone 30.14 acres from A-1 Agricultural to R-3 Residential. Property situated on south side of Route 250 East. Property further described as County Tax Map 94, Parcel 8A, part therof. Rivanna Magisterial District. (Advertised in the Daily Progress on August 6 and 13, 1975). Mr. Humphrey read from the staff report: "Property is located on the south side of Route 250 east, approximately 1.5 miles west of Boyd's Tavern. It is rural in nature with gently rolling terrain, and several singlerfamily residences in the immediate area. Property in question is primarily pasture land with an occupied single-family dwelling, a large barn and new building under construction. While~the following statistics may not conform to what is contemplated by the applicant, if this property is rezoned and public water and sewer were provided, this property could be developed as described: 25.62 acres - residential = 1146 units 4.52 acres - streets '(15% of total) ~:. 30.14 total acres 1146 units x 2.6 persons/unit = 2980 persons 1'146 units x 1.5 vehicles/unit = 1719 vehicles 1146 units x 7.0 vehicle trips/day/unit = 8022 vehicle trips/day 1146 units x 0.72 children/unit = 845 children Public water and sewer is not available to this area and is not anticipated in the future. Impact on schools serving this development would require one-fourth of the capacity of a neTM elementary school it would cause overcrowding at both Jack Jouett and Burley Schools. The Education Department states further that the secondary school facilities are not capable of handling the projected increase in those schools. On December 13, 1972 the Board of Supervisors approved an application for the renovation applicant now wishes to provide for three units rather than the duplex, thus the rezoning. The staff is of the opinion that to rezone this property would be premature since it would not be in keeping with the Comprehensive Plan and its objectives. It would be incompatible with the surrounding land uses. The Planning Commission and staff both recommend denial." Mr. Thacker asked if it were possible to subdivide the property instead of rezoning to R-3. Mr. Humphrey said the applicant would have to be willing to do so and reapply. Mr. Sargent said the stable is not a new building, but twenty years old and he now wished to complete renovation already begun on the building to include a third apartment unit. Mr. Humphrey said that if the third unit were in a separate structure there would be no need for rezoning, but since this would create a multi-family structure, R-3 zoning would be required. Mr. Sargent said none of his neighbors object to the dwelling units. No one else from the public wished to speak either for or against this petition and Mr. Thacker declared the public hearing closed. Mr. Wood said he had no objection to the three family unit, but could never vote in favor of R- 3 zoning in this locality without proper facilities. He added that the request should be denied and have Mr. Sargent meet with Mr. Humphrey and the Planning staff to possibly work out another way to accommodate his request° Mr. Wood then offered motion to deny ZMP-330. Motion was seconded by Mr. Henley, and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wood. NAYS: None. ABSENT: Mr. Wheeler. No. 6. SP-509, B.P.O.E. #389, request to locate a fraternal lodge on 6.0 acres zoned A-1 Agricultural. Property situated on south side of Route 1421, just west of intersection with Route 20 North. Property further described as County Tax Map 78, Parcels 58, part thereof, and 58A. Rivanna Magisterial District. (Advertised in Daily Progress on August 6 and 13, 1975). Mr. Thacker wished to abstain from discussion and vote on this matter, and gave the gavel to Mr. Carwile. Mr. Humphrey read the staff report: "Property located on the south side of Route 1421 approximately 500 feet west of State Route 20 North. Area remains rural in character with either open pasture, active farming or woodland located to the north, east and south. To the west are located several sing!e~family dwellings. The Comprehensive Plan suggests that this area be developed as high density res- idential, and the land along Route 250 East and Route 20 North be developed as commercial office. The Planning Commission and staff recommend approval with the following conditions: 1) 2) 3) 4) 5) 7) 8) 9) Approval of site and planting plans by ~he Planning Commission through Site Plan review procedure, Removal of only those trees where buildings and parking are to be located, Parking requirement shall be one space per 100 square feet gross floor area, Approval by appropriate State and local agencies, Twentyfive foot buffer of existing trees or additional trees as may be required by Planning Commission to be left along the west property line, Lighting directed away from adjacent properties using two foot candles, Entrance/exit on east of property, Hours of operation: outside 10:00 P.M., inside 1:30 A.M. Setbacks to be from N. 28 degrees, 29 minutes, 35 seconds East, extended, as follows: 100 feet for building, 125 feet for pool, 150 feet for tennis caurts, and 100 feet for parking facilities." Mr. Wheeler arrives, and Mr. Carwile turns the gavel over to him. Mr. Herbert Pickford was present representing the B.P.O.E., and stated they recently sold their building in Charlottesville to the City and County for use as a Juvenile Court, and now wish to relocate in the County. They hope to provide outdoor recreational facilities for the enjoyment of the members. Mr. Pickford said they objected to only two of the conditions, those being the hours of operation and the setback requirements. He asked that the hours for operation during holiday occasions be unlimited. Mr. Fisher questioned the hours of operatiSn, saying they listed closing hours, but listed no opening hours. Mr. Pickford said it was the intention of the Lodge to open at 9:00 A.M. Mr. Lambert of the Elks Lodge presented copy of plat showing the layout of the lots in relation to neighboring properties. He noted for the Board the planned locations of the building, tennis courts, pool, parking area and trees. He then requested a change in the setback requirements noted in Planning Commission condition #9, to avoid cutting down a great deal of the trees. He asked the Board for one setback rather than three setbacks, and asked that the setback be 100 feet from the western property line. Mr. James Greene, owner of the property immediately to the west of the proposed Elks site, said he had no objection to the Elks building on this land. He did request that the restrictions be enforced to allow him the privacy h~ has had in the past. Mr. Wheeler asked if he had any objection to the hours of operation. Mr. Greene said that as long as they were not boisterous he had no objection to the Lodge remaining open as late as 3:00 A.M. No one else from the public wished to speak on this petition, and Mr. Wheeler declared the public hearing closed. Mr. Wood then offered motion to approve SP-509 with the conditions recom~ mended by the Planning Commission with the exception of #9, changing the setback requirement to 100 feet from the Western property line and unlimited hours. Motion was seconded by Mr. Carwile. Mr. Fisher said he would support the motion provided it included the hours of operation as specified by the Planning Commission. Mr. Wood amended his motion to include the !0:00 P.M. closing on outdoor activities, indoor hours from 8:00 A.M. to 1:30 A.M., and no limits on hours of operation on holidays. Mr. Carwile seconded the addition to Mr. Wood's motion. Mr. Wheeler said he would not support unlimited hours on holidays, as the term holidays could be very widely interpreted. He then suggeste-d unlimited hours only on New Year's Eve. Mr. Wood agreed, and amended his motion to read "10:00 P.M. closing on outdoor activities, 8:00 A.M. to 1:30 A.M. closing for indoor activities, and unlimited hours on'New Year's Eve." Mr. Fisher seconded this amended motion; role was called, and motion carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Wheeler and Wood. None. No. 7. Michie Tavern Site Plan approval. Mr. Humphrey said that on February 28, 1973 the Board approved the site plan. The owners are now planning work'on the Country Store, which ac- cording to conditions placed on the site plan at the February 28th meeting, were required to bring back to the Board for final approval. Mr. Conte was present, representing the owner. Mr. Thacker asked if the plans met all building requirements, and Mr. Humphrey answered the plans were now before the Building Inspector for approval. Mr. Thacker then offered motion for approval. Motion was seconded by Mr. Carwile, and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. " No. 8.' Lewis Hill West, Plat aPproval. Mr. Humphrey stated a preliminary plat was approved by the Planning Commissio~ on July 16, 1974; restricted roads and preliminary plat approved by the Board of Supervisors on August 28, 1974; SP-382 request for a central well approved by the Board of Supervisors on AugUst 28, 1974; and lastly a grading permit for Stowe Court was issued on May 13, 1975, which is in final inspection stage by the~County Engineer at this time. Mr. Humphrey said the problem is that this property is located in land area covered in the moratorium. Mr. Wheeler asked if everything but the final plat had been approved. Mr. Humphrey said yes. Mr. Wheeler then asked if the moratorium were not in effect, would this plat request have to be brought before the Board. Mr. Humphrey said the procedure that would be required would be to allow the Planning Commission to proceed. Mr. Carwile said if this request were approved, the only thing he would be able to build would be single-family housing, which is allowed under the mora- torium. Mr. St. John said he felt if the Board acted on this plat by making another exception to the moratorium, they would make the moratorium almost impossible to defend in court. He said it is the wording of the moratorium that no site plans or subdivision plans be accepted. Mr. Carwile ~said the moratorium should be amended if it is overly broad. Mr. Henley said it should be deferred for two weeks until after September 4th, when possibly the moratorium will be lifted. Mr.. Fred Landis, representing the developer of Lewis Hill West, said he has over $30,000 invested and a contract to sell this land. If the Board does not allow the registration of the plat, he will be forced to breach the contract, and therefore may have to bring suit against the Board. Mr, St. John said it is true that the approval of this plat will not result in any activity that is not already exempt from this moratorium. After some further discussion as to the wording of the moratorium ordinance, Mr. Thacker offered motion to authorize the agent for the Board to sign the Lewis Hill West plat request with the con- dition that no earth disturbing activity other than the construction of single-family dwellings be allowed to take place. Motion was seconded by Mr. Carwile, and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. No. 9. 1976 Legislative Package: Miss Page Godsey said that the Legislative Package had to be presented to the Virginia Association of Counties by October 1st, and that in the past the Board has advertised same for public hearing and invited the legislators and public fore.input. Mr. Wheeler said Board members should give legislative suggestions to Mr. James Bowling of the County Attorney's office, and requested a public hearing be set. Mr. Fisher offered motion to advertise for a public hearing on legislative matters for September 10, 1975 at 7:30 P.M. in the County Courthouse. Motion was seconded by Mr. Carwile. Mr. Wheeler then requested that Senator Michael, Mr. Michie and Mr. Murray and representatives of the Chamber of Commerce be invited to attend the meeting. Role was balled, and motion carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 10. Appointments: Land Use Appeals Board. No names were submitted for appointments, and Mr. Wheeler requested this item be deferred and placed on the agenda for September 3, 19~5. Mr. Wheeler reported that he went before City Council to ~request rezoning of McIntire School site for use as a County Office Building. He said Council considered his appearance not repre- sentative of the entire Board. Mr. Wheeler asked to poll the Board members and send a letter to City Council stating the opinion of the full Board. Mr. Wheeler said City Council will fail on this matter by September 2, 1975~ He then presented recommended positions of the County: 1) 2) Have the entire tract rezoned for use as office space, if it then becomes the desire of the County not to use this land as same, agree to rezone the tract back to its present Residential status. The County would agree to pay the cost of closing the median on Route 250 prohibiting left turns from traffic heading in a westerly direction, at the cost of approximate!y $!,000. 3) The City will undertake a traffic study, redesign, and rebuild the. intersection of Harris, Allied and McIntire, and that the County will contribute 50% of the cost, up to a maximum of $25,000. 4) The County would develop an access to McIntire from Allied Street, to be built to City standards, and funded entirely by the County, at an estimated cost of $30,000. Mr. Wheeler received no objections from any Board member, and said he would send the letter to City CoUncil. Mr. Wheeler asked if the Board wished to discuss ~the appointment of an interim County Executive. He said it had been discussed during executive session earlier in the afternoon, but that no decision had been reached. Mr. Wheeler told the public that two candidates were being considered; Mr. Ray B. Jones who is presently the Director of Finance, and Mr. Robert P. Sampson who is the Assistant to the County Executive. 272 8-27-7~ (Night) 9-3-75 saying he felt he could handle the transition period better, that he had more experience handling matters for the County, had a better financial background, and a larger staff presently under him to assume his duties. Mr. Wood said he wished to nominate Mr. Robert Sampson for the position, because it is only for an interim period of time. He added that Mr. Ray Jones possibly has one of the most important position in the County office and he should be left in this capacity to carry out this function. Mr. Sampson's duties, however, could be handed over to someone else with much less difficulty, and cause the least amount of disruption within the county. Mr. Henley said he would prefer appointing Mr. Jones to the position, adding that Mr. Sampson's work with the budget has been invaluable in the past and he would not be able to perform these duties if made County Executive. He added Mr. Jones has had a great deal more experience with County and supervisory work. Mr. Thacker said he equally respected both candidates, but agreed with Mr. Wood in that Mr. Jones' main responsibility should remain Director of Finance. He also added that Mr. Sampson has been working closely with the County Executive for three years and probably would require less of a training period. Mr. Carwile felt the County was fortunate to have two such highly qualified individuals, and said he would support the nomination of Mr. Sampson. Mr. Wheeler said there are approximately 45,000 citizens in the County, and his first con- sideration was those citizens. He felt the person most capable of dealing directly with these citizens would be Mr. Jones. He added that Mr. Jones has worked in almost every department in the County office except Planning and Zoning, and felt this experience qualified him over and above Mr. Sampson. There were no other comments, and Mr. Wheeler called for a vote, recorded as follows: Mr. Robert Sampson: Messrs. Carwile, ThaCker and Wood. Mr. Ray Jones: Messrs. Fisher, Henley and Wheeler. (CLERKS NOTE: date was set.) Following this vote, subject was dropped from further discussion, no future discussion Claims against the County in the amount of $1,376,407.76 were presented, examined, allowed and certified to the Director of Finance for payment and charged against the following funds: Commonwealth of Virginia, Current credit account General Operating Fund School Operating Fund Cafeteria Fund General Fund SchOol Construction Capital Outlay Fnnd Textbook Fund Joint Security Complex Fund Town of Scottsville (l%~Local Sales Tax) 905.01 454,506.21 491,451.40 17,439.99 1,579.20 328,190.43 32,720.61 49,530.95 83.96 $1,376,407.76 At 10:15 P.M. Mr. Wheeler requested the Board adjourn to September 3, 1975 at 7:30 P.M. at Albemarle County High School for the purpose of conducting a public hearing on the proposed Zoning Ordinance. Motion to this effect was made by Mr. Wood, seconded by Mr. Carwile and carried by the fol- lowing recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. .j Chairman 9-3-75 An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on September 3, 1975, at 7:30 P.M. in the Albemarle High School Auditorium, said meeting being adjourned from August 27, 1975. Present: Messrs. Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, Jr., William C. Thacker, Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr. Absent~ None. Officers present: Messrs. T. M. Batchelor, Jr., County Executive; George R. St. John, County Attorney, Frederick Payne, Deputy County Attorney; John Humphrey, County Planner; Robert Tucker, Assistant County Planner; and David Carr, Chairman, Albemarle County Planning Commission. The purpose of this meeting was to hold a public hearing on the proposed, amended Albemarle County Zoning Ordinance and Map; notice of such public hearing being advertised in the Daily Progress on August 13 and August 20, 1975. Wheeler: This meeting is to conduct a public hearing on the Zoning Ordinance which has been presented to the Board of Supervisors by the Planning Commission. The Board already has on file numerous letters and comments from the public, however, if you would like to repeat what is in those letters, this is your opportunity. We want to give everyone a chance to speak, so we ask that you be as brief as possible. Before we begin, I will ask Mr. Humphrey to list the different zones and explain the changes which have been made since the printed copy of the ordinance was released.