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HomeMy WebLinkAbout1973-03-283-28-73 A regular meeting of the Board of County Supervisors of Albemarle County~ Virginia, was held on March 28~ 1973~ at 7:30 P.M. in McIntire Elementary School~ said change of meeting place being offered in resolution of February 28, 1973 and this change of meeting place was published in the Daily Progess along with other advertisements for this meeting on March 7, t973 and March 1~, 1973. Present: Messrs. Stuart F. Carwile~ Gerald E. Fishery J. T. Henley~ William C. Thacker, Jr.~ Gordon L. Wheeler and Lloyd F. Wood, Jro (Mr. Wood arrived at 8:10 P.M.) Absent: None. Officers present: County Executivey~_County Attorney and Mr. George St. John~ acting at this meeting as Assistant County Attorney. ~ The Chairman called the meeting ~o order and requested a report from the County Attorney on a matter discussed in relation to CUP-111 for Daley Craig on March 15y 1973. Mr. Pickford reported that several sessions have been he!dwlth Mr. Craig and his attorney, Mr.. Clyde Gouldman~ and this date they had given several items in which Mr. Craig has untaken to comply with the requirements imposed by this Board on CUP-111 and also by the Plarniing Commission when it approved the site plan. Concerning the deceleration lane~ Mr. Craig. has furnished the Board with a plat by which he proposes to dedicate the land for this lane and he has submitted plans to the Highway Department which Mr. Warner indicates will be acceptable. Mr. Craig indicated that the utilities will remain in the right of way, but there will be a traffic island for them and it appears that highway approval will be forthcoming and this will meet one of the re- quirements imposed on the conditional permit. As to items concerning water and sewer~ Mr. Craig feels that this is in someway related to the suit the Service Authority has against him and since his attorney in Richmond, Mr. Pattersony has been out of the 8ount~y~ he has requested that the Board permit him until April !1 in which to make responses about his intention to comply with those requirements relating to water and sewer. As to roads in~Four-Seasonsy Mr. Craig has indicated that all roads will be placed in the public system, a new bond will be executed to insure performance of thisy the roads will be brought up to specifications and requests made for taking five or six roads into the state system. He has also set forth completion dates for each of these roads which is something the Board did not have before and it appears that there has been substantial progress made. As a result of the discussion today, Mr. Pickford will exchange with Mr. Gouldman a summary of what has been discussed and agreed upon. Mr. Pickford felt that when the Board meets on April 11y or whatever date this matter is continued toy they will find all of these matters fairly well in order and will have at that time a response from Mr.- Patterson as to Mr. Craig's position on the water and sewer portions~,of the requirements. Mr. Wheeler stated that he had also attended the meeting this date and he thought some of the conditions of the permit had not been met until the necessary papers were 3-28-73 brought in ~oday. Other conditions~re probably procedures that had not been followed by Mr. C=aig, however, Mr. Wheeler stated that he felt that the Board needs to set up some ground rules for county staff in requiring the necessary forms and a date line$oacertain procedures to be met. He thought it had been a beneficial meeting both for the County and Mr. Cmaig and recommended that instead of using the 11th, this matter be moved to April 19, which is the Board's regular Thursday meeting. This would given time for the attorneys to meet the two remaining conditions. Upon recommendation by the County Attorney, motion 'was offered by Mr. Carwile to defer any action on prior motion of intent until April 19, 1973. 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. Upon recommendation of the Chairman, motion Was offered by Mr. Thacker to appoint C. Venable Minor, Jr. aa a member of the Equalization Board for the year 1973. 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. Mr. Wheeler asked that the following letter be read into the record: "March 27, %973 Mr. Gordon Wheeler, Chairman Albemarle County Board of Supervisors Dear Mr. Wheeler: Please accept this letter as my resignation as a member of the Albemarle County Planning Commission. As I discussed with you some time ago, business growth has made it impossible for me to devote sufficient time to the activity of the planning commission. It has been a great pleasure for me, to serve on this commission and share in the import~5~ork which it is doing. Please eEtend to the Board of Supervisors my deep appreciation for the opportunity which they have given me to serve in this capacity. Also, I congratulate the planning commission staff for their hard work and tireless efforts on behalf of the commission. Very truly yours, (Signed) William S. Roudabush, Jr." Motion was offered by Mr. Fisher to accept the ~signation of Mr. Roudabush as a member of the Planning Commission and to send him a letter of appreciation for his work on this commission. Motion was seconded by Mr. Thacker and carried by the following recorde~ vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler. NAYS: None. ABSENT: Mr. Wood. 3-28-73 At 7:~0 P.M. the Chairman called for public hearings on matters as advertised in the Daily Progress on March 7, 1973 and March 1~, 1973: (The first two items were discussed as one at the request of the applicant.) (1) ZMP-260. Joel M. Cochr~n, Inc. has petitioned the Board of Supervisors to rezone 2.82 acres from RS-1 Residential to A-1 Agricultural. Property is situated on Route 250 W. near its intersection with Route 2~0 at Brownsville, Property is described as Tax Map 56, Parcel 3g. White Hall Magisterial District. Mr. Humphrey stated that Mr. Cochran's efforts to rezone originally to the RS-1 zone was to enable sales of two existing dwellings. Now, the desire is to zone back to A-1 so that a special permit may be heard for a "craft shop". The staff, while recommending approval of the RS-I~ is of the opinion that A-1 zoning would be just as appropriate relative to residential densities. (2) SP-235o ~an Therese Rothwell has petitioned the Board of Supervisors to locate a pottery craft shop on 2.62 acres of land zoned RS-1Residentia%. Property is situated on Route 250 West at Brownsville. Property is described as Tax Map 56~ Parcel 3~ Whit~ Hall Magisterial District. Mr. Humphrey stated that this request is in conjunction with ZMP-260 to rezone this property back to A-1 from RS-1. This pottery shop was pre~iously requested as a "cottage industry" (Use Permit~72-01 to amend the zoning ordinance to include such a use in the A-1 zone.) On ~anuary 22, 1973, the Planning Commission decided that such requests for cottage industries should be brought up as special permit requests until such time as the Planning Commission could better determine what constituted a "cottage industry". Mr. Humphrey then stated that the Planning Commission unanimously recommended approval ~ ZMP-260 and also recommended approval of SP-23~ with the following conditions: (1) no retail sales allowed on the premises; (2) all activity confined to the dwelling and acdessory structures; (3) no outside storage; (g) no more than three employees; and (5) underground storage of propane tank. Mro Cochran was present in support of these petitions. No one from the public speke for or against either petition. Motion to approve ZMP-260, as recommended by the Planning Commission was offered by Mr. Fisher~ seconded by Mr. Henley and carried by the following recorded vote: AYES: Messrs. Carwile~ Fisher, Henley~ Thacker and Wheeler. NAYS: None. ABSENT: Mr. Wood. Motion to approve SP-23~ with conditions~ as recommended by the Planning Commission~ was offered by Mr. Fisher~ seconded by Mr. Carwile and carried by the following recorded vote: AYES: NAYS: ABSENT: (3) and Messrs. Carwile~ Fisher, Henley, Thacker~/Wheeler. None. Mr. Wood ZMP-261. Eugene E. Brown has petitioned the Board of Supervisors to rezone 2.1~ acres from R-1 Residential to R-2 Residential. Property is situated on Route 702, 1/~ mile from its intersection with old Route 29° Property is described as Tax Map 76, Parcel 15. Samuel Miller Magisterial District. 3-28-?3 Mr. Humphrey stated that this property is situated on the north side of Route 702~ Old one quarter of a mile west of the intersection of Route 702 and/Route 29 South. R-t zoning abuts on all sides. A-1 zoning of large tracts exists some 200 feet to the west while B-1 commercial zoning exists some ~00 feet east of the property. Several single family homes are located to the immediate east. The comprehensive plan indicates neighborhood commercial in the area of the existing commercial zoning with residential land use indicated in the area of this request at a density of one dwelling unit per acre. The plan does not recognize the small pocket of R-1 zoning that exists. Buckingham Circle is served by City water. No sewer is available to the property. Nearest sewer line is located east of Route 782. Mr. Brown has constructed two duplex (two-family) dwellings on the subject land. He was issued a cease and desist order and asked to communicate with~the Planning Office. This he did. Mr. Brown informed the Planning Director that an attorney and a local engineer had informed him that instead of building a single family dwelling as per the building permit issued~ he could construct two duplex units because the zoning ordinance did not specificallysay this could not be done. Mr. Brown had failed to communicate with the Planning Office to verify this Statement~ subsequently, the Plara~ing Office became aware of the violation and a cease and desist order was &ssued. The applicant was then informed as to what alternatives were available to him; namely~ (1) rearrahge the structures to become single family definition by removal of outside steps and cooking stove in one unit; on~ (2) apply for a rezoning from R-1 to R-2 which would permit Ho family dwellings. In light of this~ Mr. Brown has applied for a rezoning. The staff is of the opinion that because of the lack of utilities and the abjectives~ of the adopted plan~ the rezoning of this parcel to a more dense zone would not be in the best interest of the general public as it relates to public welfare~ safety and health. A similar request for R-2 zoning was denied on Route 702 west of this property approximately a year and a half ago. Mr. H~mphrey stated that after hearing and deferring this petition one time~ the Planning Commission was recommending approval of the petition. Mr. 0rbin Carter~ Attorney~ was present with Mr. Brown. No one from the public spoke for or against the petition. After a short discussion~ Mr. Carwile offered motion to accept the Planning Commission's recommendations and approve ZMP-261. 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. (~) ZMP-262. William Keith Woodard has petitioned the Board of Supervisors to rezone 1.~ acres from A-1 Agricultural to R-1 Residential. Property is situated on Route 6~7, 1/2 mile from its intersection with Route 7~3. Property is described as Tax Map 4~ ParCel 19B~ part thereof. Jack Jouett Magisterial District. 3~28-73 Il_ Mr. Humphrey stated that the subject parcel lies in an area suggested for low density residential use. Since there are no proposed plans to serve the area, relative to public sewer and watery and the need to provide for la~ge lots and low density residential to protect the reservoir in which the watershed lies, the staff recommends denial. There have been no changes since a similar request was denied in June, !972. Mr. Humphrey stated that the Planning Commission had recommended denial of this petiton by a 7/1 vote, with one abstaining. Mr. Woodard was present in support of his petition. No one from the public spoke. After a short discussion, motion was offered by Mr. Wood to approve ZMP-262. was as follows: AYES: Messrs. Carwile and Wood. NAYS: Motion was seconded by Mr. Carwile. The vote Messrs. Fisher, Henley, Thacker and Wheeler. ZMPm26~. Samuel D. Stokes, Jr. has petitioned the Board of Supervisors to rezone 2.191 acres of land from A-1 Agricultural to RS-1 Residential. Property is situated on Route 631, one mile from its intersection with Route 706. Property is described as Tax Map 89, Parcel ~3D. Scottsville Magisterial District° Mr. Humphrey stated that this property is in an area designated for agricultural uses. The applicant had requested a rezoning of this parcel from A-t to R-2 less than one year ago. It was denied by the Board of Supervisors on April 26, 1972, due to being spot zoning. He stated that the staff still recommended denial and in keeping with this report, the Planning Commission also recommended d~nial of the petition. No one from the public spoke for or against the petition. No one was present to represent the petitioner. Mr. Thacker then offered motion to accept the Planning Commission's recommendation and deny ZMP-26~ since no one was present to represent the petitioner. Motion was seconded by Mr. Wood and carried by the following recorded vote: ~S: Messrs. Carwile~ Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. (6) ZMP-266. Ardelia Robinson~ Estate, has petitioned the Board of Supervisors ~o rezone 2.~ acres of land from A-1 Agricultural to RS-1 Residential. Property is situated on Route ?~7 near its intersection with Route 627 in Esmont. Property is described as Tax Map 128 A(I), Parcels 33A and 33B. Scottsville Magisterial District. Mr. Humphrey stated that many dwellings on small lots are along Rt. 627 in this area. The subject property is located on a state maintained gravel road which serves~severa! other homes. One dwelling alread~¥ exists on the property and the applicant wishes to build one more. The staff found the request to be f~keeping with the comprehensive plan. Mr. Humphrey stated that the Planning Commission had unanimously recommended approval of the petition. A Mr. Robinson was present in support of the petition. No one from the public spoke for or against the petitiQn. Motion was offered by Mr. Wood to approve ZMP-266, motion was seconded by Mr. Thacker and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley~ Thacker~ Wheeler and Wood. NAYS: None. 8 3-28-73 SP-233. William J. Smith has petitioned the Board of ~apervisors to locate a permanent mobile home on 5.97 acres of land zoned A-1 Agricultural. Property is situated on Route.615, 1/2 mile from Lindsay. Property is described as County Tax Map 67, Parcel lA. Rivanna Magisterial District. Mr. Humphrey stated that Route 615 is developed with scattered modular and mobile homes and the area is wooded in all directions. The subject property is in sight of a mobile home across Route 615 and a mobile home to the immediate west. The Planning Commission had recommended approval of the petition subject to: (1) Health Department approval of a septic tank system and a 50 foot setback from the right of way. There was a lady present in support of the petition, but she did not identify herself. No one from the public spoke. Motion~was offered by Mr. Thacker to accept the Planning Commission's recommendations and approve SP-233o Motion was seconded by Mr. Fisher and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. (8) SP-235. The Family Activities Center has petitioned the Board of Supervisors to locate a summer camp and winter weekend activities on 25 acres of land zoned A-l, Agricultural. Property is situated on Route 6~1 near the Southern Railroad. Property is described as County Tax Map 3~, Parcel 53A. Rivanna Magisterial District. Mr. Humphrey stated that scattered dwellings exist in the area. The land is hilly and wooded except to the immediate north of the property where a stable facility and riding area is located. An abandoned house and barR are existing on the subject property. Mr. Humphrey stated that the Planning ComMission had considered approval of a temporary permit for one yearwith the following conditions: During the summermonths the program wilt serv~ $0 children per week, ages 6 to 12 years, with no more than 46 people on the property at any given time. The staff will include one director, a part time cook and one counselor for.every 10 children. The children and staff will leave Arlington on Mondays and return on Fridays of each week. Supplies~and food will be 2purchased in the Burnley area weekly, therefore eliminating the need for any commercial delivery. The summer program will include recreational as well as educational activities~ of particular interest, of course,-~ would be the experience of outdoor life, wildlife and the natural environment. The children will be housed in 6-man pyramidal tents with wooden floors and waist high wooden sides. Approval of the Health Department for sanitary facilities and kitchen facilities. 8. Bath house and kitchen-dining Eouse be constructed. 9. Approval by the Highway Department for entrance road. However~ after the public hearing in which much ~pposition was expressed, the Planning Commission was recommending denial of SP-234. The Chairman then open~ the floor for public comments. 3-28-73 9 Mr. Harold Miller, general contractor for the family activities center read the following statement: "The Family Activities Center of Virginia is a non-profit corporation designed to meet the needs of families regardless of their racer religion or economic status. We have been operating our programs in Arlington since 1966. Among our activities are Montessori Day Care, Tutoring, The Matt. 2~ Bazaar~ a clothing store; summer program and other community activities. We are licensed by the Virginia Department of Welfare and Institutions as well as Arlington County and the United States Department of Argiculture. We are here tonight to seek a special use permit for property we are pur- chasing or_Rt. 6~1 at Burnley. It is our desire to have children 6 to 12 years of age participate in an outdoor summer program on the 26 acre tracts. The program would serve 2~ to ~0 children per week for an 8 to IO week period. The staff for the program will include a director, a cook and one counselor for every 8 to 10 children. The program is designed to provide educational as well as recreational activities~ with particular emphasis on the outdoor life~ wildlife and the natural environment. The children will be housed in 6-man pyramidal tents with wooden floors and waist high wooden sides. We are prepared to provide for a bath house and dining facility as recommended to us by the Albemarle-Charlottesville Health Department. Supplies and food will be purchased in the Burnley area weekly, therefor eliminating the need for any commercial delivery. We have already had preliminary meetings with~'the Forestry Service and the Extension Service concerning the development of a learning center in the forest area~ and an agricultural project. We do not wish to establish a commercial activity within the A-I zoning area. We desire only a special permit that would allow us to house a small group of children for an 8 to lO week summer period. We have had 6 years of experience in summer programs and we feel sure that our knowledge in this area as well as our desire to become part of the eomm%~nity of Burnley will lend itself to a successful summer. We urge you to grant our request for this permit." Mr. Vernon F. R~que spoke next. He presented to the Board a letter signed by himself and his wifp~ asking that the Board deny this petition. He also presented a petition signed by 49 people asking that the permit denied for the following reasons: This property has been used for similar~ purposes in the past and resulted in trespass~ van~alism~ noise, disorderly conduct and many other situations characteristic of improperly supervised children. There are no guarantees that there will be proper supervision. The only access to or from the camp is Rt. 6~1 which is narrow and winding with single lane bridges. The increase in traffic necessary to transporting large numbers of people to and from the facility and commercial traffic necessary for supplying the facility~ will make travel excessively dangerous. There are no guarantees that the number of occupants will be limited. e There are at present no indications that sanitary facilities are either existing or adequate for such a purpose. In the immediate community and all along Rt. 6~1 between Rts. 20 and 29 the development is tending toward residential and family scale agriculture. We think that the present zoning has'been conducive to this trend and should be maintained. Thus far there is no commercial activity. The camp, even if not operated for a monetary profit~ would have outward characteristics of a commercial venture and to the surrounding residents would have the same effect as if it were commercial. The organization requesting the permit is not the landowner and so far has not proved financial responsibility to compensate for any damage or trespass which might be a result of their operation. Mr. Walter Yaeger asked for clarification of people on petition handed in by Mr. Raque as to distance these people lived from the subject property. 10 3-28-73 Mr. Raque replied that most lived within four miles of the subject property. Mr. Gary Jackson also handed in a petition signed by ten people asking that the Board grant this request. He stated that at least 40% were sesident~within 1/2 mile of the property. A lady~ an adjoining property owner~ spoke in opposition stating that she felt there was not enough land for recreational purposessand also spoke about the narrow road. Mr. Jay, from Arlington~ stated that he was not a property owner in Albemarle County~ but felt that at some point in life each must stand up for what he believes is right and asked the Board ~6r favorable consideration of the petition. Mr. Herbert Ebe asked that the Board look at the past history of this o~ganization to see if it had been run successfully. Mr. Wheeler replied that the Board had received the following letter: "March 9, t973 Mr. T. M. Batchelor~ Jr.~ County Executive Albemarle County County Office Building Charlottesville~ Virginia 22901 Dear Tom: The Family Activities Center of Virginia~ Inc ~ bysed in ~lington~ has made application for a special Use Permit~ 234~ to establish a small summer camp for ~0 children on a parcel of. property known as 53a, adjoining the Southern Railroad and Route 6~t, Burnley Station. This non-profit organization has been developing programs for the Arlington community as The Family Activities since 1966. Previous to that time the Church group which houses the Arlington Program Was a pioneer in the area of child care. By carefully 9omplying with County ordinances, state statutes and health regulations, they have developed fine day care programs for up to 100 children and many other programs beneficial to our community. They have proved them- selves good citizens and good neighbors. It is my purpose to assure you and your colleagues ~hat this program has high marks in Arlington~ not only for the level and effectiveness of their program but for their willingness to comply with all written regulations as well as the meeting of community concerns. They are good citizens and good neighbors. I'm sending you a brochure with a brief resume of some of their accom- piishments. You may wish to share th~i~~ with your planning staff. A copy of this letter is being sent to your Planning Director~ John L. Humphrey. Kindest .regards, (Signed) Bert. W. Johnson County Manager" Mrs. Raque stated that ~ had moved out in the County so there would be enough acreage to spread out and she felt this area should stay agricultural. She stated that she was worred about a large concentration of people in this area ~nd was not against the group in particular but against any group with this density o~ people on such a small piece of ~and and she asked that the Board consider Albemarle County people first. Mr. Carwile asked in the Planning staff had visited the proposed site. Mary Joy White ~ated that she had. He then asked if she found this land to be conducive as a recreation camp. She replied yes~ Ii Mrs. Susan Cooney~ Director of Family Activities Center~ stated that in terms of density, this would be for a 10 week period during the summer months only. At other times~ the density would not be increased because the people coming for week- ends would ben,ere only to work. at Mr. Wood stated that/the Planning Commission meetings, he agreed with what this group is trying to do~ however~ he is associated with a similar type organization and he did not feel that 25 acres are sufficient for 4~-50 children. He stated that he ~as in favor of this project, however he did not feel that it would work on this property and in this particular locality and he suggested that there are other areas in the Piedmont region of Virginia that would provide the same learning experience. Mr~ Fisher stated that he had littered to the discussion at three different meetings- and he felt that the main issue concerned how many children would be allowed on the property. He felt 5 children could be contained well~ but when talking about ~0 children~ he was not sure that this could be accomplished~on this piece of land. Mr. Wood stated that he had not mentioned the railroad track which joins this property and felt this is also a safety hazard. Mr. Wheeler stated that he felt this was a fin~ e~deaver~ but he knows this area well and he felt there must be a better location for this project. Mr. Wood offered motion to deny SP-234. Motion ~s seconded by Mr. Thacker. Mr. Thacker stated that he was in agreement with Mr. Wood and Mr. Fisher and felt that 25 acres was too small an area in which to attempt to bring 30-50 young children~ particularly when bringing them into the midst of a settled community. He felt that if there were additional acreage he could support the petition, but he did not feel this was the Proper~tocation. The Chairman called for a vote and the motion carried by the following recorded vote: AYES: NAYS: (9) Messrs. Fisher~ Thacker, Wheeler and Wood. Mr. Carwile and Mr. ~Henley. SP-236. David W. and Norma E. Hines have petitioned the Board of Supervisors to locate a permanent mobile home on three acres of land zoned A-1 Agricultural. Property is situated off Route 78~, 1/2 mile from its intersection with Route 6%9. Property is described as Tax Map 32, Parcel 2%, (part thereof), Rivanna Magisterial District. Mr. Humphrey stated that Route 785 is being developed in 2 acre lots containing several brick or frame single family dwellings as well as three or four individual mobile homes. Northwood Mobile Village exists off Route 78~ near Proffit Road. A single family home exists to the north of this property, a mobile home to the south~ wooded area to the east and open fields to the west. This property is largely open field and rolling terrain. Mr. Humphrey stated that the Planning Commission recommended approval for a five-year permit, bubject to review by the Board of Supervisors and a septic tank system being approved by the Health Department and a 50-foot setback. He also stated that Mr. Hines had said that he would set the trailer 150 feet back from the right of way. i2 3-28 -73 Mr. Richard Barrick~ Attorney~ was present on behalf of Mr. & Mrs. Hines and made a short statement asking for approval of the petition. ~ Mr. & Mrs. Hines were present and presented.to the Board a petition signed by 2~ property owners along Route 78~ stating that they had no objection to a mobile home being placed on this property. Mrs. Mary Jo Lovelace stated that she is a resident of this road and is not opposed to the mobile home because Mrs.Hines operates a beauty salon in her home but rather because of the traffic generated by this and the off road parking. She did object to a permanent mobile home~ but was not opposed to a~temporary permit for three years. No one else from the public spoke. Mr. W~nee!er questioned continuing to approve mobile homes on this road. Mr. Wood stated that mobile home permits come before this Board all the time and he did not feel this petition could be denied on the basis of this being a mobile hom~ however~ he agreed with Mrs. Lovelace that a three-year permit would be better than a five year permit and he then offered motion to approve a temporary permit of three years~ subject to administrative review~ and a 1~0 foot setback. Motion was seconded by Mr. Henley. Mr. Fisher stated that he felt it Was not the Planning Commission's recommendation that this be handled administratively. Mr. Wood felt that this Board could delegate this responsibility to the staff~ however~ he amended his motion to state that at the end of three years~ this should. come back to this Board for review. Mr. Henley accepted this amendment. Discussion followed and Mr. Batchelor stated that the staff would bring a report Within 60 days on what adminisSrative review should consist of and this Board could then set a policy on this matter. Vote was taken at this point and the motion carried by the following recorded vote: AYES: NAYS: Messrs. Carwiie~ Fisher~ Henley~ Thacker and Wood. Mr. Wheeler (10) SP-237o Wolverly Corporation has petitioned the Board of Supervisors to locate a central well to serve 16 dwellings on 33.~ acres of land zoned A-t Agricultural. Property is situated on Route 20 south~ ~ miles from Charlottesville. Property is described as Tax Map 90~ Parcel 11~ Scottsville Magisterial District. Mr. Humphrey stated that this area is designated for agricultural uses. Rental as to the feasibility of the location of the well. cottages are a permitted user however, before a special permit can be approved~ information is required relative to the capacity of the well. Mr.~m~h~e~ stated that at the first hearing~ the Planning Commission had deferred action onthis petition~ until someone could contact the ~tate Health Department in order to get a statement 3-28-73 At the second Planning Commission hearing~ the special permit was approved subject to the following conditions: (1) Health Department approval; (2) County Engineer's approval of size of lines; (3) not to exceed five wells~ one of which shall be the existing well located approximately 40 feet west of the right of way of Route 20; and (4) none of the remaining four wells shall be located nearer than 2~0 feet to the right of way of Route 20. Mr. Wolfe was present on behalf of the petition. He stated that the proposal is now to drill only one more well~ at least 2~0 feet downhill from the existing well, if this one additional well will serve 12 cottages. He had asked permission to drill up to five additional wells in the event proper flow is not received from this one additional well. Mr. Fisher stated that the request called for a central well to serve 16 dwellings and asked if this request had been formally changed. changed Mr. Wolfe stated that he felt it was/in the approval by the Planning Commission. Mr. Robert H. Batten~ an adjoining property owner~ questioned the positioning of this new well and after being shown a new drawing for relocation of this well~ stated that he did not believe this would effect his well. Mr. Fisher questioned the County's responsibility~ through issuance of this special permit~ if the wells did not produce or went dry. Mr. Pickford replied that the County would not be responsible for furnishing water to these units. not Mr. Wood stated that he was/worried about the County since most of these wells would be downhill~-~topographically~ but questioned whether this~well would deplete the wells of the adjoining property owners. Mr. Wood then offered motion to defer action on this petition until April 11, 1973~ in order to obtain some additional information from the Health Department. Motion was seconded by Mr. Thacker and carried by the following recorded vote: AYES: Messrs. Carwile~ Fisher~ Henley~ Thacker~ Wheeler and Wood. NAYS: None. (11) SP-238. J. Gilbert Somers has petitioned the Board of Supervisors to locate a stained glass fabrication shop on 137 acres of land zoned A-I.~ Property is situated on Route 737~ 1/2 mile west of Scottsville. Property is described as Tax Map 130, Parcel 8. Scottsville Magisterial District. Mr. Humphrey gave the staff's report and stated that the Planning Commission recommended approval of the permit subject to the following conditions: (1) no retail sales on premises; (2) all activity confined to the proposed building and accessory structures; (3) no uncovered outside storage; (4) no advertising signs on premises; and (~) no more than two employees other than family memberS. Mr. Joseph Richmond~ Jr. was present on behalf of the petitioner. No one from the public spoke for or against the petition. Mr. Thacker offered motion to accept the recommendations of the Planning Commission and approve the permit. Motion was seconded by Mr. Carwile and carried by the following recorded vote: 3~28e73 AYES: Messrs. Carwile, Fishery Henley~ Thackery Wheeler and Wood. NAYS: None. (1~72) SP-239~~ Edward Lumsden Smith has petitioned the Board of Supervisors to locate a duplex (basement apartment) on 3.0 acres of land zoned A-1 Agricultural. Property is situated on Route 678 near Ivy. Property is described as Tax Map 58~ Parcel 79Ay part thereof~ Samuel Miller Magisterial District. Mr. Humphrey stated that agricultural zoning surrounds the property. Meriwether Hills Subdivision which is zoned RS-1 is located across Route 678. The private drive serving the property provides access to several other properties including two dwellings and a guest cottage. In relation to the comprehensive plan~ the property is situated within the Ivy Clustery in an area suggested for medium density residential on the fringe of low density residential. He stated that the request is in keeping with the density proposed in the comP~ehensive plan~ howevery the staff feels that if the petition is granted it may be setting a precedent in an area where public utilities are not yet available to serve this type of density. Mr. Humphrey stated that the Planning Commission was recommending approval of the permit without a time limit being set on same. Mr. Smith was present in support of the petition. No one from the public spoke for or against the petition. Mr. Fisher stated that he felt it was Mr. Smith's intention to build a single family home with a basement apartment which would later be converted to family use. and he felt a special use permit was more feasible than applying for duplex zoning in this area~ however~ he felt there should be a time limit set on the permit~since no pattern of development had been established in this area. He asked Mr. Smith's reaction to setting a time limit onthis permit. Mr. Smith stated that he did not like the idea and felt a lending company would not like it. Mr. Fisher asked if he were using the rental from the apartment as a~basis of income for the mortgage to which Mr. Smith replied yes. Mr. Fisher stated that he was concerned about approving a permit on this basis. Mr. Wheeler said that if the Board began approving permits for financial reasons they would soon be in trouble and he would rather see the approval based on a need for housing. Mr. Fisher stated ~hat if this were to be a permanent permit~ this would in effect be R-2 zoning and he was not sure what the Board wanted to do in this case. Mr. Smith stated that he did not intend for this to be permanent~ however~ he felt this was the only way for him to purchase a h~me at this time. Mr. Wood stated that he did not feel this use would be a detriment to the area~ but actually an improvement. He found no objection to approving for financing or housing and felt the Board should encourage this type of single family homes in this area. He then offered motion to approve the permit without a time limit. The motion died for lack of a second. 3-28-73 stated Mr. Fisher/that if the permit were approved for a specified time limit, this did not mean that the Board would not review and extend the time limit and he felt it should be approved with a five year limit. Mr. Wood replied that as a procedural matter, five years was not long enough. He felt that one-half of the lengt~h of the mortgage would be a more equitable time limit. Mr. Fisher replied that he felt that whoever is sitting on the Board of Supervisors in five years would like to have the-~portunity to say how this area develops and he offered motion to approve SP-239 for five years. Motion was seconded by Mr. Carwile and the motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley~ Thacker, Wheeler and Wood. NAYS: None. (t3) SP'173. Albemarle County Zoning Office for Ruby Sandridge has petitioned the Board of Supervisors to renew this Special Permit for a temporary junk yard for junk car removal on ~ acres of land zoned A-1 agricultural. Property is situated on Route 2gO~ 1/~ mile east of Acme Visible. Property is described as Tax Map ~6, Parcel 78, White Hall Magisterial District. (lg) SP-182. T. E. Wood and the Albemarle County Zoning Office have petitioned the Board of Supervisors to renew this Special Permit for a temporary storage yard for junk vehicles on land zoned A-1 Agricultural. Property is situated on Route 29 South near Red Hill, Virginia. Property is described as County Tax Map 7~, Parcel 8, Samuel Miller Magisterial District. Mr. Humphrey stated that the junk car operations are being conducted successfully~ however, they are in need of additional time to complete these operations and he requested that these permits be extended until June 30~ 1973 at which time the operations will be closed down and the sites cleared. He stated that the Planning Commission recommended extension of these permits. Motion was offered by Mr. Wood, seconded by Mr. Fishery to approve these requests as recommended by the Plarn~ing Commission. Motion carried by the following recorded vote: AYES: Messrso Carwile, Fisher~ Henley~ Thacker~ Wheeler and Wood. NAYS: None. (%~) ZMP-263o Stackhouse, Inc. has petitioned the Board of Supervisors to rezone 10.23 acres from A-I Agricultural to M-1 Industrial. Proper~y is situated on Route 6~3~ 1/2 mile from its intersection with Route 793. Property is described as Tax Map g~ Parcel ~, Charlottesville Magisterial District. Mr. Wheeler announced that Stackhouse~ Inc. had requested their petition be withdrawn° Motion was offered by Mr. Wood to allow Stae~khouse to withdraw the petition without prejudice. Motion was seconded by Mr. Carwile and carried by the following recorded vo~e: AYES: Messrs. Carwile, Fisher~ Henley~ Thacker~ Wheeler and Wood. NAYS: None. Mr° Pickford informed the Board that the City/County water contract expires on April 8~ 1973~and he understands that City Council will act on this matter at their meeting on next Monday night if a formal request is received from the county 3-28~73 asking for an extension of that contract. Mr. Pickford re~omm~ndedh~haththe Board ask City Council to extend the present contract for six months at the same terms agreed upon in the original contract. Motion to this effect was offered by Mr. Carwile~ seconded by Mr. Wood and carried by the following recorded vote: AYES: Messrs. Carwile~ Fisher~ Henley~ Thacker~ Wheeler and Wood. NAYS: None. Mr. Wheeler expressed the Board's appreciation to Mr. Pickford for the services he had rendered to the Bombard and the County during his term as County Attorney. Mr. ~fneeler stated that at the work session on the general operating budget~ there had been a discussion of the budgeted amount for the volunteer fire companies. He had discussed this matter with the Fire Chief's Association and they "~ - did not request anadd~ional amount and feel they can operate their fire companies with the same appropriation which had been received in the past. However~ they did request that the county firemen be furnished free automobile or truck tags~ and requested that special action be taken on this matter so that it wouI~ be in effect for the year 1973. Mr. Wood felt this should not be limited to just fire companies~ but should include rescue squadsmen~ since he felt this would only~token of appreciation for the service rendered to the county by these people. Mr. Thacker then offered motion to give free of charge~ one county Dag to each active volunteer fireman and rescue squa~sman for the year 1973. Motibn was seconded by Mr. Wood and carried by the following recorded vote: AYES: Messrs. Carwile~ Fisher~ Henley~ Thacker~ Wheeler and Wood. NAYS: None. (Note~ The County Attorney later informed the Clerk that this matter could not be handled by resolution only~ but would have to advertised as an amendment to the County Code.) Mr. Thacker gave a short report from the Ferry Uommittee and in line with their recommendations offered the following resolution for adoption: WHEREAS~ in June of 1972 hh~s county experienced severe flooding and the Warren Ferry and the Hatton Ferry were disabled during this flooding; and WHEREAS, on July 20~ !972~ it came to the attention of this Board that these ferries were being moved from their normal landing places and resolution was offered on that date asking that they not be discontinued from service permanently; and WHEREAS~ notice was then received from the State Highway Commissioner stating that a public hearing would be held on October 4~ 1972 for discontinuing portion of Route 627~ including the Warren Ferry in Albemarle and Buckingham Counties and dis- continuing portion of Route 62~, including Hatton Ferry in Albemarle and Buckingham Counties; and ~EREAS, this public hearing was held and testimony taken at that time and it was the general concensus of those p~esent that one or both of these ferries should be kept in operation by the Highway Department; and 17 WHEREAS, Mr. Lewis Brett appeared before this Board on February 1~, 1973, stating that Buckingham County had advised the Highway Department that due to economics they wished to with- draw their support from the operation of these ferries; and WHEREAS, the immediate decision on this matter being left to this Board, a committee was appointed to study this matter and make recommendation; NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the Virginia Department of Highways is hereby requested to maintain existing access roads to both the Warren Ferry and the Hatton Ferry; that the Warren landing site be utilized as an access point to the James River for recreational purposes; that the County of Albemarle consider the possibility of developing the Warren landing site as a recreational site sometime in the future; and that the Virghia Department of Highways retain the Hatton Ferry in operation on a 9:00 A.M. to 5,:00 P.M. basis, Wednesday through Sunday of eachJ~ week. The foregoing motion was seconded by Mr. Wood and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Claims against the County amountinE to $1,201,920.19 were presented~ examined and allowed and certified to the Director of Finance for payment and charged against the following funds: General Revenue General Operating School Operating Ca~teria Virginia Public Assistance Capital Outlay Dog Tax Textbook Rental Town of Scottsville-Local Sales Tax 17, ~4,8o 161,697,9¢ 6.63,112.86 t+6, ~69. Ok 88,994.37 216~797.16 1,337.5'8 1,24~'. 1 )+ 128.5,? Commonwealth of Virginia: Current Credit Account 4~492.72 Total $1,201,920.19 Upon proper motion, the meeting was adjourned at 10:~0 P.M. Chairman