Loading...
HomeMy WebLinkAbout1974-05-22N5-22-74 (night) 283 A regular meeting of the Board Of Supervisors of Albemarle County, Virginia, was held on May 22, 1974, at 7:30 P.M. in the Albemarle County Courthouse, Charlottesville, Virginia. P~esent: Messrs. Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, Jr., William C. Thack~r, Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr. Absent: None. Officers present: County Executive and County Attorney. The Chairman called the meeting to order. The first item on the agenda was a public hearing, as advertised in the Daily Progress on May 8 and May 15, 1974, to amend and reenact Section 4-15-1 Chapter 4, Article II of the Albemarle County Code, by the addition of Westmoreland Subdivision as one of those areas designated where dogs are prohibited from running at large. Mr. James Taylor Beard was the first to speak. He commended the Board for their efforts in local neighborhood government as indicated by the local option character of the ordinance which makes it unlawful for the owner~ of a dog to allow that dog to run at large. He handed to the Board a petition signed by 143 adult residents of Westmoreland, including 75 householders~ ~rgi~.~ the inclusion of Westmoreland Subdivision under this ordinance. He asked those present in support of the petition to stand. (The Clerk counted approximately 14 persons.) Mr. Frank Flora spoke in opposition. He said the neighborhood was warm and happy for the last eight years. Within the last two m~nths, people have stopped speaking to one another because of this dog leash law. He said the County d~es-not have enough dog catchers to keep up with the subdivisions now under this law and he feels this dog regulation will create a lot of ill feeling inv~the neighborhood. Mr. Frank Hoff said he owns a dog and also has two children. He has never felt that he should inflict either upon his neighbors. His yard has been torn up by his neighbors dogs and when he called about this he was treated very unpleasantly. His wife was threatened on her own property and bahk~d into the house by a dog. As the neighborhood has grown, all of the peace and tran~uillity mentioned by Mr. Flora has continued only because a lot of people are put upon and have no recourse because they do not want to create ill feelings. However, when the rights of other peoples dogs are infringing on the rights of individuals, the situation becomes intolerable. Mrs. Nalley said she has lived in Westmoreland for seven years and never heard any complaints about dogs. She did not realize the Board of Sup~visors was here to settle a neighborhood grievance. She has never seen a child or a dog attacked, although she has heard there have been. She said th~ individuals in the community should solve this small problem. Mr. Lem Lilleleth said he does not own a dog, but has put up with his neighbors dogs for seven years. His yard has been used as a dog toilet, his flower beds dug up, and his trash cans overturned. Mrs. Strever sa~d she does not expect her neighbors to put up with her dogs. She has called dog owners only to be met with the statement that there i~ no leash law in Westmoreland and as long as there is not the dogs will not be controlled. She supports the adoption of the lea~h law for Westmoreland. Mrs. Kathy Beard said she was met by a pack of ~ogs, not little dogs, but big dogs, who jumped and snapped at her children and mother. This frightened her greatly. She has put up with the nuisance of having garbage cans overturned and slipping on dog piles and not complained because there is no leash law. The safety aspect concerns her most because dogs do run in packs in Westmoreland and she asked that the Board consider this. 284 5-22-74 (night) Mrs. Olivia Grayson said the safety of the people is at stake. It is up to the Board of Supervisors to do something since the leash law can only be imposed by them. Dr. Raymond F. Ford said, even though they are reported, no action is~taken against the dogs causing the vast majority of dog bi, in the community. prime responsibility that we as adults have. Mr. George Miller spoke in support of the ~sh law, He said the safety of our children is the He said any dog raised in captivity and then allowed to run wild is a danger to himself and other animals. He has seen several serious dog fights and he hopes there will never be an incident that will involve a person, specifically, a child. Mrs. Beverly Schmoyer said she owns a dog and has never been informed that her dog has done anything to anyone. The dogs owners want to cooperate. She asked if a compromise could be reached so dogs could run loose during certain hours. Mr. Wood asked that the record show that a petition containing 65 signatures of residents in opposition to the leash law had also been presented to the Boamd. He said because so many of the residents of Westmoreland were present, it would be a good time to state why all ~Were here tonight. This same time last year there would have been no reason to be here. The dog problems in Westmoreland would be the same as they are in the more d~nsely populated areas of the County and the residents'would have had no recourse. This Board of Supervisors asked the Legislature to give them permissive legislation to enact the dog leash law on an area basis rather than county-wide. Mr. Wood said it is not in the beat interest of the County to have dogs leashed in rural areas. He said the community has developed more interest over this dog leash law than they did Qver the sewage problem a few years ago and they were able to work that problem out. Since this problem cannot be worked~cout, this Board does have the authority to enac~ this law. Mr. Wood said he has always felt that if a situation such as this cannot be worked out by community meetings, or through al~.homeowners association, then it becomes the responsibility of the governing body to approve legislation to enact such a leash law. Mr. Wood then offered motion to amend and reenact Section 4-13-1, Chapter 4, Article II of the Albemarle County Code by the addition of Westmoreland Subdivision as one of those areas designated where dogs are prohibited from running at large, and as described below: Area No. 11 - Westmoreland Subdivision as platted and~t to record in the O e e ~ ffic of th Clerk of the Cir~ui~A~marle Count~, Virginia, ~a Section 1, Deed Book 402, ~a§e 91, SectiOn 2, Deed Book 414~ ~age 29, Section 3~ Deed Book 419, ~age 265 and Section 4, Deed Book 423, ~age 19. Mr. Wood's motion was seconded by Mr. Fisher. Mr. Wheeler said this type of c~on~rdl is needed in densely populated areas and while it does not please all it must b~ imposed so all can be protected. Vote was taken at this point, and the motion carried by the following recorded vote: AYES: Messrs. Ca,wile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Mr. Joseph Richmond, Jr., was present to receive a~clarification of the intent of the Board of Supervisors ~hen approving a restricted road request in April, 1974, for Ridgefield Subdivision. Mr. Wheeler said the Board had enacted a new policy this afternoon that deed restrictions will be allowed for restricted roads in sub/divisions of not more than 10 lots and that is all that is required. Mr. Fisher said it is still the intent of the Board to have a homeowners association responsible for maintaining those roads in such a fashion that the homeowner, when he purchases the property, will 5-22-76 (night) be made aware of his responsibility and procedures established for collecting the funds from other property, owners. Mr. St. John reminded the Board that these are declaratiOnm~ not restrictions. (NOTE: Mr. Carwile abstaining during the following disnussion.) The Chairman called for a public hearing as advertised in the Daily Progress on May 2 and May 9, 1974, for a rehmaring of ZMP-285: (1)~ ZMP-285. Southland Corporation has petitioned the Albemarle County Board of Supervisors to rezone .591 acres (25,747 square feet) from A-1 Agricultural to B-1 Business. Property is situated on the south side of Route 649, nears its intersection with Route 29 North. County Tax Map 32, Parcel 36 (part thereof). Charlottesville Magisterial District. Mr. John Humphrey, County Planner, said this was a rehearing of MMP-285, ordered by the Board of Supervisors, of a requ~ which was originally de~ied on April 10, 1974. The Planning Staff and the Planning Commission originally recommended denial of the request. During}~their ori~nal investigation the Planning Commission had asked the staff to study and report the ideal commercial land use that might be anticipated at the interchange of Route 29 North and Route 649, taking into consideration the existing land use. Based upon these findings, the Planning Commission recommended denial of the request for B-1 zoning. The Planning Commission and Planning Staff still recommend denial. There was a gentlemen present representing Southland Corporation. Also Mr. Claude Rainey, real estate representative for 7~11 Food Stores in Virginia was present. He said he would answer any questions that might arise about engineering problems or layoutzor ways to work with the planners to develop:~the property for its best use for 7-11. Mr. Humphrey said the Planning Commission was concerned with the access from Route 649. The most desirable access to the property would be from an existing private driveway. There was discussion about widening that right of way to 70 feet and he felt this was agreed to hy the developer although it was not made a part of the conditions. Mr. Fisher said from the position of that private driveway, it is obvious that it will be used for the whole north end of the Hollymead development and not just as access to this 7-11 Store. He did not think the Board of Supervisors is in a position to Approve where that road will exit onto Route 649 until they have seen plans for the remainder of the Hollymead development. Mr. Wheeler asked Mr. Humphrey to state again why the Planning Staff had recommended against this rezoning. Mr. Humphrey said the staff feels there is sufficient B-1 zoning in this quadrant. He stated again comments given in the original staff report. (See minutes of April 10, 1974, Pages 144-148 of this minute book.) asked Mr. Thacker/if the Highway Department had approved plans for the road extending from Route 649 through Hollymead. Mr. Humphrey s~d he did not know. Plans for this section of Hollymead were sent in over a year ago, they were tabled and have not been looked at since. Mr. Thackergsaid he agreed with Mr. Fisher. This may or maynot b cation of the road entering onto Route 649. Mr. Fisher asked how many acres are already zoned B-1 in this vicinity. Mr. Humphrey said there are 103 acres within 800 feet of this site. Mr. Wood said he had heard it argued before that the Board should not rezone a particular par~l until all the existing zoning is used up. He said that is not good planning and is not the intent of the Zoning Ordinance. In day to day realities, some of that existing zoning is not suitable for certain businesses. He is familiar with this site and finds no objection to a 7-11Mtore being located there. A convenience store is needed in this location. Mr. Wood then offered motion to approve ZMP-285. The motion was seconded by Mr. Thacker. 286 5-22-74 (night) Mr. Fisher said he feels the staff is correct in stating this is a continuation of strip zoning. The County has enough of it and the whole purpose of the staff's efforts and the Rlanniag Commission and this Board in trying to get a new Zoning Ordinance and map is to avoid prolonging this. There is ample land already zoned and he could not support the request. Mr. Henley said he feels all the land from this lot to Route 29 will be developed fo~ business. not If that is going to occur, there should be more planning, and/just~stick one or two lots~>this far away from ~oute 29 and the intersection. Vote was taken at this point and the motion failed by the following recorded vote: AYES: Mm~.Thacker and Mr. Wood. NAYS: Messrs. Fisher, Henley, and Wheeler. ABSTAINING: Mr. Carwile. The Board continued with public hearings on other zoning matters as advertised in the Daily Progress on May 3 and May 10, 1974: (2) UP-74-02. Debrew ~. Wills has petitioned the Albemarle County Board of Supervisors to amend the County Zoning Ordinance to allow hospitals in the A-1 Agricultural zone with a Special Use Permit. Mr. Humphrey said lthis request is to amend the A-1 section of the Zoning Ordinance, under the special use permit provisions, to include hospitals. Hospitals or similar institutions are not in conflict with the intent of the agricultural district and would be compatible with the existing uses which are presently permitted in the A-1 zone. In addition, the low density development and passive activities provided for in an A-1 zone would be most conducive for the development of hospitals a special use permit. The Planning staff and the Planning~ Commission recommended approval under of!the request. In the existing ordinance, hospitals are permitted by right, in the B-1 business zone and also in the R-3 zone with a special permit. In the proposed ordinance, they will be included in the RR-2, Townhouse, RTM, Garden and Hi-Rise and two of the. commercial districts with special permits. Mr. Fisher asked if this definition includes animal hospitals. Mr. Humphrey said no. He did not know what Mr. Wills had in mind. Mr. Wills was present in support of the petition and said he had a rest home in-mind. Mr. Wheeler asked if rest homes and hospitals are one and the same in the County's ordinance. Mr. Humphrey said a hospital is defined as a group of buildings designed and used, or intended to be used for the care off. the sick, including the care of mental patients. Mr. Carwile said he could see no objection to including this use in the A-1 zone when the Board has the special permit process to review applications. Motion was offered by Mr. Thacker to amend the Zoning Ordinance to allow happitals in the A-1 zone, under the special permit provisions. The motion was seconded by Mr. Carwile and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. (3) ZM~-301. Moore Brothers Company, Inc. has petitioned the Albemarle County Board of Supervisors to rezone 4.0 acres from A-1 Agricultural to M-2 Industrial. Property is situated on the south side of Route 708, ab~t:%One and one-fourth miles southeast of its intersection with Route 29 South. ~roperty is further described as County Tax Map 100, Parcel 23A (part thereof~). Samuel Miller Magisterial District. Mr. Humphrey said the area is rural ink,character with the exception of the heavy industrial quarry located north of the proposed area for rezoning. The property in question is relmtively low, 5-22-74 (night) 287 sloping down to the Hardware River which forms the southern boundary of the property. There presently exists a single-family dwelling to the west of the property and one single-family dwelling (Stony Crest) located across from the Hardware River to the south of the property. The Comprehensive Plan~-~indicates that this area be used for agricultural purposes and does not recognize the existing quarry to the morth of this property. The property in question is bordered on the north and west by M-2 zoned land which is being used as a quarry. There is presently only 28.62 acres of land zoned for heavy industry that is not being used. The creek that traverses this property indicated one,he plat~also traverses property~of Red Hill Quarry located to the immediate north across Route?708. The stream is highly saturated with what appears to be wash or mud which is silting up the creek and has discolored the water giving it a shade of deep gray, Approximately one, third of the property is located north of the creek. In the opinion of the staff, this does not seem to be sufficient area to locate an asphalt facility without rechanneling or incasing the stream bed in pipe and covering it over. The land slopes gently from Route 708 in a southwesterly direction where the property intersects the north fork of the Hardware River. As you stand on the property, the following land uses are visible: to the immediate north is the quarry itself with stockpiles of stone; to the east are gentle slopes and pasture land; to the south are slopes extending upwardly from the fork of the Hardware River; and to the west is rolling countryside with a single-family dwelling. It would appear, upon the staff's evaluation of the site, possibly some fill may have to tam place, or some major grading. The staff also noted on the north side of Route 708, looking for the source of siltation and pollution stemming from Red Hill,that drainage ditches are receiving silt which apparently is wash material from the operation of cleaning the rock. In view of the existing calamity that exists from the discharge of the Red Hill Quarry, the staff feels further desecration' of land along the tributaries of the North Fork of the Hardware River would not be in the best interests of ~he public health, safety~ and welfare as it relates to protection of~ surface water and the immediate environment thereof. It appears that the applicant followed the staff's directions and has located property adjacent to an M-2 activity and zone in order to locate an asphalt plant. However, in the opir~on of the Planning Staff, the location of this facility will not be compatible with the immediate adjacent property where two single-family d~llings exist. Mr. Humphrey said in the proposed zoning ordinance there will be a natural resource zone and quarries will no,longer be located in an M-2 zone, but will be placed in this natural resource zone. He a~o noted that some of the land in this petition may lie in the flood- plain. Mr. ~umphrey said the Planning Commission does recommend approval of ZMP-301, this by a 7-1 vote with one abstaining. Mr. Robert Boyle was present to represent the petitioner. He said he had appeared several months ago for Mr. Moore asking at that time to amend the Zoning Ordinance to allow this use. This was denied with the suggestion that they look for a compatible site. They have attempted to locate a piece of land that would be more favorably received by the Planning Commission and the Board of Supervisors. There are only two quarries that are in use in the county, one on 250 East at Shadwell and one a Red Hill. At the previous hearing he had a number of experts present to explain the operation of the asphalt plant, also a film and experts to answer questions on the matter of pollution. Those~same experts were again present. Previous testimony indicated that the State 5-22-74 (night) air pollution standards are far more than met by the plant proposed to be installed on this land. Mr. Boyle called the Board's attention to a statement in the staff's previous report. "The staff concludes that such a use is supplemental to and compatible with an area now being utilized for a quarry. It suggests that this may be the only solution available to the applicant. We make this suggestion because if a plant is located in an existing area being quarried, the source of aggregate is readily at hand, precluding additional truck traffic bringing raw material into the site. This will reduce the overall cost of operations with a savings being given to the consumer. The staff ~onC~u~es that, asp~al~m~xiDg, or batch plant, is an accessory use of the quarry and would be better oca~e~ on SUCh a Mr. Boyle said at the previous hearing he had advised the Board that there was an existing agreement between the Martin-Marietta quarry and the present asphalt producer. He understands that this policy has changed and they will allow no asphalt plant, unless already established on their land, to be established. This put them in a position of finding a piece of land that would satisfy the Board in so far as erection of an asphalt plant is concerned. They feel they now have that land. He said~_the staff has stated their concern about the possible pollution of the Hardware River, In asphalt plarts which were erected years ago, they have pollution control devices which are old and yet meet the standards. This new plant will have far better pollution control devices and will~ meet better standards than the older plants. The only ~possible pollutant at this plant would come from rain falling on the aggregate stored there. A certain amount of aggregate must be stores on the property, but being near a quarry would facilitate enormously~and would require little stock- piling. Mr. Boyle said he had assured the Planning Commission that the rock would be stored in binds so no water could escape. It would go through pipe to a sediment tank where any dust collected by rain would be sorted out and only clean water would go to the Hardware River. In the matter of traffic, the introduction of this facility can only benefit the County and it will not increase the demand for asphalt. Since the d~mand would not be increased, the trucks hauling would not be increased. Mr. Moore was present. He said his company has been in business for many years and he has people who are thoroughly trained and know how to put up and~perate the plant. Gharlottesville is the only area of this size that has only one asphalt plant. This will not bring any new business to the area but will create a competitive market which will be beneficial to the area. The State Water Control Board will police any siltation and require siltation basins and ponds. Mr. Moore said he now has 45~000 tons of asphalt under contract. Mr. Clyde Gouldman was present to represent S. L. Williamson. He said he had decided to ~tay silent because he felt this was a land use problem and~not economics. The petitioner has come before the Board and argued competition. The existing operation in Charlottesville, S, L. Williamson, has been in business since 1949. The average bid price of S. L. Williamson is lower than the bid prices for the entire state. The proposed operation of Moore Brothers is much larger than any~firm in the area now, maNbe 10 times larger. There are perhaps seven existing small firms in the area which engage in surfacing and use asphalt. These little guys will get hurt first. If they do, the public will also be hurt. He said his remarks about competition and economics have no place before the Board tonight because this is a question of land use. Mr. Eorbes Reback was present to represent Matt R~ttberg, a resident of Route 708. He presented the Board with a letter signed by a number of residents of Route 708 all expressing opposition to approval of this request. Mr. Reback said there were also a~number of letters presented to the make a Planning Commission. These lette~/t~tag~approximately 42 residents in opposition. Mr. Reback said 5-22-74 (night) the zoning decision the Board will make tonight is one of the most important decisions that will be made for a long time. The staff previously report to the Board that there have been eight applications in the last six years for M-2 zoning and all of those have been denied. They were all for quarries or related to the construction of I-6~. He emphasized that this is a permanent rezoningo Even though Mr. Moore has stated that he intends to make this a permanent operation, an asphalt plant is highly portable. If that happened, the Board would have four acres of M-2 land lying between Route 708 and the Hardware River. He said Mr. Moore does have other alternatives and could use a permit recently granted him in Augusta County. Mr. Reback said from Route 29 to the quarry site the area is rural, semi-agricultural and wooded. At the point where Mr. Moore's entrance would come or~m Route 708, the road pavement is only 19 feet. From that point you travel four and one-half_miles down a hilly, twisting, narrow, country road to the entrance of Route 20, at Carter's Bridge. At that point is the new Walton Middle School. On the other end of the road is Red Hill School. Glenn Thomas has indicated that school bus traffic on Route 708 will be increased substantially with the opening of the Walton School. Coupled with traffic from the asphalt plant, addition of this bus traffic will create a hazard. Mr. Charles Perry of the Highway Department stated that the traffic count on Route 708 between the quarry and Route 29 is now between 700 and 800 vehicle trips per day. Sight distances and excessive speeds make Route 708 unsafe. If this asphalt plant operates at capacity, there will be an additional 100 trucks a day on this road. Tmmffic problems alone should make the Board look at the industrial objectives in the Comprehensive Plan. Mr. Reback said much of the land must lie in the flood plain. He was also concerned about the precedent of granting new M-2 zoning in the County at this time. The proposed natural resource zone the life of its in the proposed zoning ordinance could protect this land:~r/resources and after that resource is used up, it would revert~back to the zone it should be. Mr. Reback said the letter presented to the Board in opposition had several points which should be emphasized. (1) The Comprehensive Master Plan for Albemarle County emphasizes that there is a very high percentage of land that is presently zoned for Industrial use that is not being used. (70%) (Page 32 of Master Plan) Additional zonings are premature and unnecessary, (2) Albemarle County is now in the process of drafting and adopting~new zoning ordinance. This new ordinance may provide many protractive provisions including Zthe Natural Resource Zone. No non-conforming use should be established by rezoning before the new ordinance is in effect. (3) Thesubject land is located in an agricultural district where a change of the present zoning will discourage establishment of a permanent agricultural area. (4) An asphalt plant will be a nuisance, annoying the community with noise, air pollution and will generate a great increase in truck traffic on roads which are ill Suited for such traffic and which are already bverburdened. (5) The Board of Supervisors should not approve this zoning change in order to discourage the random scattering of commercial or industrial uses where public facilities, such as roads, are unable to bear the increased burden of use. (6) In an agricultural area, large parcels of ownership should be encouraged. By condoning the spotting of small areas zoned for industrial use, any plan~ed development will be subverted. Mr. Robert Dudley said he lives on Route 708. He called the Board's attention to the fact that sand must be hauled to the site to mix with the aggregate. Dr. Raymond Ford said he lives at the corner of Route 708 and Route 29. He is concerned about turning this rural area into a creeping sort of New Jersey. He does not care if an asphalt plant is located on this site temporarily, but feels th~M type of use will eat up the countryside. 290 5-22-74 (night) Mrs. Geraldine Crickenberger said she also lives on Route 708. She d~ives a school bus and is opposed to approval of this request. Mr. James Walker said his father owns the land in question. They are the only ones who will be able to see the asphalt plant. If they thought this use would endanger the people, they would not sell the land for this use. Mr. Walker said the traffic situation has been blown all out of porportion. He feels if the asphalt plant is located new the quarry, the traffic will be minimal. There .is, at present, only one school bus going past this location. The new school located on Route 20 is only one and one-fourth mile from the quarry and there is only one curve on that stretch of road. There will be few trucks traveling toward the middle school or Route 20. Mr ~ Walker said the land itself is useless. It is mostly sagebrush and thistle with a creek running through the middle. About 50 yards immediately across from the plant at the river, there are rock points three feet high. He has seen the water over those rocks only one time. Dr. Steven Clark said if Mr. Walker owns the land he stand to make a profit. He appreciated his sincerity, but feels money is his main objective. He grew up in this beautiful area. There is presently in the area near Gleco Mills, the landfill site which the residents are against and the VEPCO right of way is a blight on the area. He asked that the Board keep in mind that the plant is temporary, but the rezoning is not.9~~ Mr. Forrest Via~in favor. He also lives on Route 708. He said he has no trouble with traffic. He also did not see how .this can. harm the people if there is a cheaper price for asphalt, but feelg it will be better fort~axpayers. Mr. W. M. Collins spoke in favor. He owns property two and one-half miles northeast and one and one-half miles south, southwest. He said if he had property adjoining this he would notoppose the petition. He has experienced no problems with traffic and is 100% in favor of the plant. Mrs. Norma Deihl said she lives on Route 29 South. She is concerned about locating a permanent ~ M-2 zone in a zone that will be a natural resource zone under the proposed Zoning Ordinance. It has been asserted.that there will be no increase in traffic because if the traffic is not on the road from Moore Brothers, it will be there for S. L. Williamson. She said that is not true. The contracts for the State have already been let and Mr. Moore has the contract.fo~'45,000 tons of asphalt for Route 29 South alone. This will mean an additional 9,000 trucks carrying asphalt from the plant to Route 29 South, not including trucks from the quarry to the plant. No one can say this is not an increase in traffic. Mrs. Deihl said she is particularly concerned because with the opening of the Walton School, there will be an increase in bus traffic. This road is not safe for school buses and trucks at the same time. Mr. ~ Dorman spoke in favor. He said this land is ideally suited for an asphalt plant. Mr. Reback had said an asphalt plant is portable. They will come in and do the one job, then move away and leave this terrible spector of M-2 zoning. Somewhere in between is probably what will happen. Mr. Moore said he intends to install a permanent plant. ~ He has no desire to install the plant and then move it. It is also not his intention to fight the market. Mr. Fisher said he had requested the Planning Staff to request from the School Department an~ estimate of the present school bus traffic and what is projected for next year. He asked if this has been accomplished. 5-22-74 (night) Mr. Humphrey said he has checked and between ROute 631 and Route 706, the 24-hour~count is 294; between Route 706 H~d Route 642, south intersection, count is 536; at northern intersection, count is 877; Route 708, north intersection and at 29 South, the count is 934. Mr. Glenn Thomas are said there/presently only two buses, but after the new school opening it could be--<frOm 12 to 20 trips per day. Mr. Fisher said the-'?fi~st question is whether or not this land should be zoned for future use as M-2, by right. He asked the uses allowed in an M-2 zone. Mr. Humphrey read him the uses from the present Zoning Ordinance. Mr. Fisher said the citizens have stated quite a lot of concern about a strenuously permanent M-2 zone, but have said they would not/object to a temporary'plant at this location if -it is controlled by the conditions the Planning Commission has recommended. Mr. Fisher said he is concerned about the high degree of visibility of the land because there is no natural screening and the part of the land fartherest from the road is likely to be flooded because it is close to the river. He said it is difficult to believe this is the proper place for M-2 zoning. Mr. Henley said there is already right much M-2 zoning in the area. He had suggested at the last hearing that the applicant find land in this area close to the quarry at Red Hill so he would support approval. Mr. Carwile said he can understand Mr. Fisher's concern, however, with this use being tied to a special use permit, he cannot think of any other location in the County which would be less objectionable than this site. Mr. Thacker said he agreed to a large extent with Mr. Fisher. His main concern is not that the use of the land may be temporary, but he is concerned about zoning this land to M-2 in the middle of a proposed conservation zone. He said the zoning of the existing quarry was probably a mistake and he would like to see this reclassified in the proposed Zoning Ordinance. The additional traffic is also of concern, however, the .question of e~onomics is not before the Board. Th~ question is one of land use and he will not vote to restrict competition. Mr. Carwile agreed that the question is one of land use only. Mr. Fisher said because he ~.~e~S~'it would be a serious mistake~to create additional M-2 zoning in this area where the existing M-2 zoning was probably in error and where the Planning Staff has recommended against such rezoning on the basis of environmental concerns that are related ihdirectly to public health, safety and ~elfare, and because of where the land lies, he off,red motion to accept the recommendations of the Planning Staff and deny the request for ZMP-301. The motion was seconded by Mr~ Thacker and the motion failed by the following recorded vote: AYES: Mr. Fisher and Mr. Thacker. NAYS: Messrs. Carwile, Henley, Wheeler and Wood. Motion was then offered by Mr. Carwile, to accept the recommendation of the Planning Commission, to approve ZM_P-301. The motion was seconded by Mr. Henley and carried by the following recorded vote: AYES: Messrs. Carwile, Henley, Wheeler and Wood. NAYS: Mr% Fisher and Mr. Thacker. 292 5-22-74 (night) (4) SP-350. Moore Brothers Company, Inc. has petitioned the Albemarle County Board of Supervisors to locatean asphalt batching plant on four acres zoned A-1 Agricultural.(proposed M-2 Industrial). Property is situated on the south side of Route 708, about one and one-fourth mil~s southeast of its intersection with Route 29 South. Property is further described as County Tax Map 100, Parcel 23A (part thereof). Samuel Miller Magisterial District. Mr. Humphrey gave the staff's report. He said it is questionable whether the proposed four acres i~ of adequate size to support an asphalt mixing plant. The staff feels that under no circumstances should the plant be allowed to discharge waste materials into the Hardware River without prior approval by the State Water Control Board. In addition to this, the staff feels that the plant should contain the runoff from the property into the stream to insure that the StateWater Control Board regulations will not be violated, thus~¥ent~pollution of the Hardware River. The staff had stated that if ~the Planning Commission and Board of Supervisors approved this petition it should have the following conditions attached to that approval: (1) No discharge of waste materials into the Hardware River without prior approval from the State Water Control Board. (2) Containment of runoff from the asphalt plant. (3) Screening of asphalt plant from Route 708 and all adjacent properties; or the planting of two staggered rows of six-foot high evergreens on ten-foot centers. (4) Asphalt plant adhering to State Air ~Pollution Control Board regulations. (5) Site plan approval. Mr.~ Humphrey said the Planning Commission did recommend approval of SP-350 with the staff's conditions and the following added conditions: (6) The permit is limited to five years, at which time it will be reviewed by the Planning Commission. (7) Review if and when quarry across Route 708 cannot provide stone to this asphalt plant prior to the five-year time limitation Mr. Fisher asked how long it would take for those six-foot pines to provide adequate screening.. Mr. Humphrey said if they grade the trees may be of some benefit, but it is hard to say without a detailed site plan. Mr. Henley said he did not see any need to worry about pine trees when the top of the mountain that surrounds it is peeled off. Mr. Fisher said when riding down this road you are not aware that the mountain has been ~ripped off. Mr. Wheeler said he doubted the trees will be high enough to screen the site at this time, but in a few years this will probably be accomplished. Mrs. Norma Diehl said she is still concerned about school children who will be traveling this road and asked that the Board consider establishing restrictions on that one hour of bus travel. Mr. Boyle said he Could understand the concern about traffic, but asphalt plak operate only about six months a year and three of these months are during the summer. The trucks will haul the raw material about 75 yards and as far as the finished product is concerned it will come from S.L. Williamson and will not increase the traffic. Mr. Matt Rittberg said he is very concerned about the traffic. It makes no difference if they operate :mainly during off-school months. He checked with the School Board and Bus ~37 was hit by a dump truck, but the bus was empty at the time. He said it is not possible to take a bus and truck down this road at the same time. Mr. o~r Dorman said Route 708 was paved in 1959. There has been no trouble with buses or trucks on this road. Mr. Reback said it may be a 1959 road, but the pavement is only 19 feet wide and the shoulders are broken. Trucks are eight feet wide and bUses a little less than eight feet. Mr. Collins said he used to drive a 28-foot tractor on this road and it never connected with a bus. 5-22-74 (night) 293 Mr. John Walker said he has the KOA Campground on Route 708. There are many 35-foot trailers which travel this road and he has never heard of one being wrecked. Mr. Wood said at the Planning Commission meetings, the cree~ was said to be the problem. He felt it would make sense to have that creek put into a concrete pipe and covered over somehow. Mr. Boyle said the applicant proposed in the runoff plan to have the bank crested near the creek so the runoff will not go in that direction. presently Mr. Thacker said he hopes this sediment basis will be better than the one/at the quarry. Motion was then offered by Mr. Henley to approve SP-350, with the seven conditions recommended by the Planning Commission. The motion was seconded by Mr. Carwile and carried by the following recorded vote: AYES: Messrs. Carwile, Henley, Wheeler and Wood. NAYS: Mr. Fisher and Mr. Thacker. (5) SP-343. Harold Green has petit~ned the Albemarle County Board of Supervisors to locate a mobile home on 10.85 acres zoned A-1 Agricultural. Property is situated on the west side of Route 53, about one and one~ha~ ~ west of Flu~anna County line. Property is further described as County Tax Map 105, Parcel 41. Scottsville Magisterial District. Mr. Humphrey said this area is rural in nature. The immediate area is sparsely developed. There are two single-family dwellings either on or adjacent to the property in question. The entrance into~ the property is relatively steep and vegetation is heavy with evergreens providing screening from Route 53. Mr2 Humphrey stated the Planning does recommend approval of this petition with the following conditions attached: (1) Minimum setback of 100 feet from Route 53. (2) County Building official approval. (3) This special permit be granted only to the applicant and is not transferrable. (4) Time period of five (5) years. (5) Skirting around mobile home from ground level to base. Mr. Green was present in support of the petition. No one from the public spoke for or against. Mr. Thacker offered motion to approve SP-343 as recommended by the Planning CommisSion. The motion was seconded by Mr. Fisher and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler. NAYS: None. ABSENT: Mr. Wood. (6) SP-344. Samuel and Anita Robbin have petitioned the Albemarle County Board of Supervisors to locate a mobile home on 1.0 acre zoned A-1 Agricultural. Property is situated on the north side of.RoUte 690, at Greenwood. Property is further described as County Tax Map 54-A, Parcel 3. White Hall Magisterial District. Mr. Humphrey said the area is a semi-rural community of modest houses located on the side of a mountain. Evergreens and pines are located along the front of the property. The property in question presently contains a dilapidated structure which is to be tQ~n down. The staff notes that the applicant may have difficulty place~he mobile home on the proposed Site because of the steep topography. Mr. Humphrey said the Planning Commission recommends approval with the following conditions: (1) County Building Official approval. (2) Tearing down the existing dilapidatedl!structure. (3) No disruption of the existing trees along the front of the lot. (4) Time limit of five (5) years, at which time they may reapply. (5) This permit is granted only to the applicant and is not transferrable. (6) Skirting around the mobile home from ground level to base. Mrs. Robbin's father was present in support of the petition. No one from the public spoke for or against the petition. 294 5-22-74 (night) Motion was offered by Mr. Henley to approve SP-344 with the conditions stated by the Planning Commission. The motion was seconded by Mr. Carwile and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler. NAYS: None. ABSENT: Mr. Wood. (7) SP-346. Larry W. Cassell has petitioned the Albemarle County Board of Supervisors to locate a mobile home on 3.0 acres zoned A-1 Agricultural. Property is situated on the east side of Route 618, one-half mile southeast of its intersection with Route 729. Property is further described as County Tax Map 116, Parcel 4 (part thereof). Scottsville Magisterial District. Mr. Humphrey said the area is rural in character with sparse development. The dirt road on which the property is located is approximately one and one-half to two miles lOng. The land is wooded but is presently being cleared of the larger trees. There presently exists on the above mentioned dirt road four mobile homes and three single-family dwellings. The Planning Commission recommends approval with the following conditions: (1) Minimum setback of 30 feet from the dirt access road. (2) County Building Official approval. (3) Time limit of five years. (4) This permit is granted only to the applicant and is not transferrable. (5) Skirting around mobile home from ground level to base. or Mr. Cassell was present in support of the petition. No one from the public spoke for/against this petition. Motion was offered by Mr. Thacker, seconded by Mr. Carwile, to approve SP-346, as recommended by the Planning Commission and with the stated conditions. The motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. (8) SP-347. Cecil R. Knight and Ruby Knight have petitioned the Albemarle County Board of Supervisors to locate a mobile home on 36.54 acres zoned A-1 Agricultural. Property is situated on the north side of Route 810, about eight miles north of White Hall. Property is further described as County Tax Map 6, Parcel 19. White Hall Magisterial District. Mr. Humphrey said the area is rural and mountainous. There is an open field along Route 810 with a thickly wooded area of pines located to the north of the open field, approximately 100 yards from Route 810. There is one dwelling on the adjacent property to the west. Mr. Knight applied in December, 1973, and received approval, for a mobile home on Parcel 38. At that time it was indicated that the mobile home would not be rented, but would be used to assist in providing homes for welfare and hardship cases. Mr. Knight now wishes to relocate the mobile home to Parcel 19. The Planning Commission recommended approval with the following conditions: (1) County Building Official approval. (2) Minimum setback of 100 feet from Route 810. (3) Screening in front of mobile home along Route 810 at discretion of the Planning Staff. (4) This permit is granted only to the applicant and is not transferrable. ~5) SP-315 issued on December 19, 1973, be null and void. (6) Approved for one year, at end of which time the applicant must reapply. (7) Skirting around mobile home from ground level to base. (8) No rental of the mobile home. Mr. Clinton Wingfield was present to represent Mr. Knight. He said the trailer was.never connected to utilities. Mrs. Knight would like to give this trailer to her nephew on a non-rental basis and asked that the conditions imposed on the permit be the same as those imposed on SP-315, in other words, approval for six years, with a review each two years. He said screening will be provided and a septic tank. They feel all other provisions should apply but they are willing to accept the permit for one year if that is all the Board will allow. 5-22-74 (night) 295 Mr. Bob Tucker, Assistant County Planner, said.it was not indicated at the Planning Commission hearing who would occupy the trailer so they had recommended approval for only one year. Mr. Wingfield said Mrs. Knight's sister would like for her son to live in the trailer. He is a businessman in the County who is having financial difficulties. He did not want his name mentioned but had given that permission if necessary. Mr. Wood offered motion to approve SP-347 as recommended by the Planning Commission b~t changing Condition No. (6) to the following: "Approved for six years, with administrative renewal every two years." The motion was seconded by Mr. Hsnl~y a~d carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. (9) SP-348. Edward N. Hamner has petitioned the Albemarle County Board of Supervisors to locate a mobile home on 202.75 acres zoned A-1 Agricultural. Property is situated on west side of Route 723, about one-half mile south of its intersection with Route 715. Property is further described as County Tax Map 133, Parcel 28. Scottsville Magisterial District. Mr. Humphrey said the area in question is rural in nature and thickly forested with pines and hardwoods. There are no other homes in sight of the entrance into the property. The Planning Commission recommends approval of SP-348 with the following conditions: (1) County Building OffiCial approval. (2) Minimum setback of 100 feet from Route 723. (3) Removal of as few trees as possible. (4) Time limit of five years. (5) This permit? is granted only to the applicant and is not transferrable. (6) Skirting around mobile home from ground level to base. Mr. Thacker said he had received a letter from Mr. James B. Webb, Jr., expressing opposition to this petition and SP-349. He was also aware of a telephone call from Charles Coburn who has also expressed opposition. Mr. Hamner was present in support of the petition. Mr. Thacker asked if he would have any objections to changing the setback. Mr. Hamner3'indicated no. Mr. Thacker offered motion to approve SP-348 as recommended by the Planning Commission but changing condition No. 2 to read: "Minimum setback of 200 feet from Route 723." The motion was seconded by Mr. Carwile and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. (10) SP-349. Tyrone Morris, Junius C. and Rhoda B. Smith have petitioned the Albemarle County Board of Supervisors to locate a mobile home on 11.91 acres zoned A-1 Agricultural. Property is si't~ated on the west side of Route 723, about three-fourths of a mile south of its intersection with Route 715. Property is further described as County Tax Map 133, Parcel 29B. Scottsville Magisterial District. Mr. Humphrey said the character of this area is rural with several modest homes in the immediate area. There appears to be one single-family dwelling on the property in question located across from the Chestnut Grove Baptist Church. The Planning Commission recommends approval with the following conditions: (1) County Building Official approval. (2) Minimum setback of 100 feet from Route 723. (3) Removal of as few trees as possible. (4) Time limit of five years. (5) Evidence shown that Mr. Morris has taken deed to three acres or more from his aunt. (6) This permit is granted only to the applicant and is not transferrable. (7) Skirting around mobile home from ground level to base. 296 5-22-74 (night) Mr. Morris was present in support of the petition. No one from the public spoke for or against. 5ir. Thacker offered motion to approve SP-349 with the conditions stated by the Planning Commission. The motion was seconded by Mr. Fisher and carried by the following_recorded vote: ~ AYES: 'Messrs. Carwile, Fisher, 'Henley, Thacker, Wheeler and Wood. NAYS: None. ~ The Board continued with a public hearing on SP-309 as advertised in the Daily Progress on May 12 and May 19, 1974: (11) SP-309. Dr. Charles W. Hurt has petitioned the Albemarle County Board of Supervisors to locate ~1 a planned community on 200.84 acres zoned A-1 Agricultural. Property is situated on the west side of Route 20 South and on the east side of Route 742, Avon Street Extended, about one mile south of Charlottesville. Property is further described as County Tax Map 91, Parcel 2, Scottsville Magisterial District. (Note: Mr. Carwile abstaining during the following discussion). Dr. Hurt, Mr. Jim Hill and Mr. Morris Foster were present in support of the petition. Mr. Humphrey said the staff had nothing new to add. (Note: See complete staff report in minutes of April 24, 1974, Pages 209-217 of this minute book, meeting of May 8, 1974, pages 234-235 and 239 of this minute book). Mr. John Smart said he had visited this property recently. There is a nice road and the banks have been seeded. If developed, it will have about 50 acres in roads, streets and parking lots. ~. If this area had a six-inch rainfall in a short period of time, there would be 25 acre feet of water running off t~e area that is paved or under roof. He recommended that this region not be approved because he does not feel the dam is safe. ~ Mrs. Frances Martin said she had talked with Mr. Smart about this situation and she urged the~ Board to pay attention to what he had said. If the dam washed out, the damage would be mostly to public property and the public would pay for the clean up. She was also concerned that all erosion have been control measures should / installed before the applicant requested approval for this project. Dr. Harold McGehee, President of Piedmont Virginia Community College, said that Hillcrest presently touches the College property. He asked that the Board keep in mind the master plan they had originally drawn for the Community College. Mr. Wheeler asked if the Planning Commission had recommended approval. Mr. Humphrey said they recommended approval, with the stated conditions, have/even though the staff feels the request is premature and does not like to have a project of this magnitude hanging over their heads for such a long time. Mr. Wheeler asked when this area will receive a sewage allocation. Mr. Batchelor said it will be in later 1978. __q Dr..Hurt said he has no plans for a big build up. Lead time on this type of project is long and drawn out. This will provide benefit to the community. He said the County woUld be better off with planned communities rather than scattered development. Mrs. Smart said she had been to the Board meetings three times on this petition. She said she does not want this development in this area. She feels it will cost the public more than it will return, i~ The Chairman declared the public hearing closed at this time. Mr. Wood said it has 'been stated many times at Planning Commission hearings that these projects require lead time and more sophisticated plans and drawings. These type of developments are what the Board has been asking for, and since the Planning Commission has thoroughly studied this application 5-22-74 ~n±ght) 297 and imposed 12 conditions, he did not feel the request is premature when this is what the Board has been requesting of developers. Mr. Thacker said he had a hard time justifying this plan whien sewer will not be available for several years. The fact that the Planning Commission recommended that nothing be done until sewerage is availat~ makes it difficult for '~him to support at this time. Mr. Wheeler said he would not suggest that the Board wait for four or five years to approve this request, but he did feel that the new Subdivision and Zonin~ Ordinances should be adopted before voting. This would put the Board in a better position to handle this type of zoning. Mr. Henley offered motion to deny SP-309. The motion was seconded by Mr. Thacker and carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. ABSTAINING: Mr. Carwile. The next matter before the Board was a request from Mr. H. H. Tiffany concerning the type-style of a sign.approved for SP-261. Mr. Tiffany said a question has come up about the sign on the back of Patricia Ann's Country Store. The sign was put on the store as the Board had directed, all on one line. Mrs. Ruth Miller, Zoning Administrator, is concerned that the writing looks different than the sample originally shown to the Board. Mr. Henley said he did not see any problem with the sign. If that is the only problem he did not mind making a change in the conditions. Mr. Fisher said this is the second time the applicant has come before the Board for a change in conditions. The last time the County Attorney ruled that the matter had to be advertised. Mr. St. John said that was a substantial change. '~The sign is now complete in substance. Mr. Henley offered motion to accept the sign painted on Patricia Ann's Country Store as it now appears on that store. The motion was seconded by Mr. Wood and carried by the following recorded vote: AYES: Messrs. Carwile, Henley, Thacker, Wheeler and Wood. NAYS: Mr. Fisher. Motion was offered by Mr. Carwile, seconded by Mr. Fisher to approve a lottery permit for the White Hall Ruritan Club~ The motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Thacker, Wheelsr and Wood. NAYS: None. ABSTAINING: Mr. Henley. (Mr. Henley said he is a member of the club.) Motion was offered by Mr. Fisher to accept the resignation of Dr. Avery Catlin, effective June 30, 1974, as a member Of the~Albemarle County Planning Commission, with regret. The motion was seconded by Mr. Thacker and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Motion was offered by Mr. Carwile to reappoint Dr. Lawrence Quarles as joint City/County repre- sentative on the Rivanna Water and Sewer Authority for two additional years beginning May 1, 1974. The motion was seconded by Mr. Wood and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. 298 5-22-74-" (night) The following request was received from Clarence S. McClure, Albemarle County School Superintendent: "The Albemarle County school system has just been granted $144,693 under the Emergency School Aid Act, Title VII, Public Law 92-318. This grant covers the cost of summer activities for students and teacher in-service. We need to be able to begin making expenditures for this project immediately. Ninety percent of the total grant will be advanced to us." In line with the foregoing request, motion was offered by Mr. Carwile to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia,-that $144,693 be, and the same hereby is, appropriated from the School Fund.for expenditures of the Federal School Programs, Emergency School Aid Act, Public Law 92-318, and expenditure of these funds is hereby approved. The foregoing motion was seconded by Mr. Fisher and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Motion was offered by Mr. Fisher to appoint Mr. Charles R. Vest of North Garden as the County's representative to the Joint Jail Board. Mr. Vest is employed by the U. S. Army Foreign SCience and Technology Center, is a member of the Vocational Technical Board and treasurer of Red Hill PTA. The motion was seconded by Mr. Wood and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Motion was offered by Mr. Fisher to advertise for a public hearing on June 12, 1974 , at 7:30 P.M., a public hearing on revenue sharing proposals. The motion was seconded by Mr. Carwile and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. The Board continued with a discussion of an addition to the Courthouse. Mr. Batchelor said a wage determination scale relative to the Davis/Bacon Act will be available within three weeks. Mr. Batchelor said the County Engineer has reported that the fire at the Ivy landfill is almost out. Claims against the County for the month of May, 1974, in the amount of $1,567,370.07, were received, allowed and directed to the Director of Finance for payment and charged against the following funds1: General Fund General Operating Fund School Operating Fund Cafeteria Fund Textbook Rental Fund School Construction: Capital Outlay Fund General Operating: Capital Outlay Fund Crozet Sanitary District Fund Commonwealth of Virginia: Current Credit Account Town of Scottsville: Local Sales Tax Total Upon proper motion, the meeting was adjourned at 11:35 P.M. $ 737.29 258,507.83 '788,739.09 59,504.50 42.08 367,814.60 11,536.55 72.50 80,240.47 175.16 $1,567,370.07 Chairman