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HomeMy WebLinkAbout1973-06-276-27-73 A regular meeting of the Boayd of Supervisors of Albemarle County, Virginia was held on June 27, 1973 at 7'30 P.M. in the Albemarle County Courthouse, Charlottesville, Virginia. PRESENT: Messrs. Gerald E. Fisher, J.T. Henley, Jr., William C. Thacker, Jr., and Gordon L. Wheeler. ABSENT: Mr. Stuart F. Carwile and Mr. Lloyd F. Wood, Jr. OFFICERS PRESENT: County Executive and CounTy Attorney. The meeting was called to order by the Chairman and motion was offered by Mr. Henley to adjourn this meeting to the Board Room of the County Office Building since Circuit Court was still in session at this hour. Motion was seconded by Mr. Fisher and carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker and Wheeler. NAYS: None. Motion was offered by Mr. Thacker to appoint Peter T. Way, as a member of the Monticello-Area Community Action Organization for a term of three years, said term expiring on May 31, 1976. Motion was seconded by Mr. Fisher, and carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker and Wheeler. NAYS: None. Request was received from Mr. Robert Sampson, Director of Albemarle County Parks, asking that a reduced rate for entrance into Parks be allowed public assistance families~ Also present from the County Welfare Department was Ann Haltner. After a short discussion, motion was offered by Mr. Fisher to adopt such a policy for the balance of the current swimming season. Motion was seconded by Mr. Henley and carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker and Wheeler. NAYS: None. At this time, the Chairman called for public hearings on zoning matters as advertised in the Daily Progress on June 8 and June 15, 1973: (1) SP-257. Susan M. Mahler and Barbara E. Palmer. Susan M. Mahler and Barbara E. Palmer have petitioned the Board of Supervisors to locate a craft shop on 4.26 acres of land zoned A-1 --] Agricultural. Property is situated on west side of Route 677, about 2 miles ] north of its intersection with Route 250 West. Property is described as County Tax Map 59, Parcel 7C. Samuel Miller Magisterial District. Mr. Humphrey gave the staff's report stating that the property is situated on the west side of Route 677 at the bridge over Ivy Creek. It could generally be described as midway between Flordon and West Leigh. The character of the area is rural in nature. -~ One home is visible within 300 feet of the existing dwelling which is to be utilized as~ a craft shop. The applicants wish to prepare needle work goods for retail, which will be distributed to other retail outlets for sales also on site of the subject property. The relationship of this parcel with the surrounding area would lend the activity reasonably compatible for a limited craft activity. He stated that the Planning 6-27-73 Commission recommended approval subject to the following conditions: 1) Only one 4 sq. ft. identification sign at the entrance. 2) No change in the outward appearance of the dwelling. 3) That the activity be limited to the two applicants only with no outside employment. 4) That the handcrafts be limited to needle work and related crafts. 5) That the growth in the eastern most bank be kept cut close to the ground and shoulder to provide good sight distance from the driveway. 6) Instruction classes be limited to three pupils. 7) Permit to be for one year with the possibility of renewal administratively for one additional year. The applicants were present in support of the petition. No one from the public spoke for or against. Motion was offered by Mr. Fisher to approve SP-257 as recommended, and subject to conditions of the Planning Commission. Motion was seconded by Mr. Thacker and carried by the following recorded vote: Messrs. Fisher, Henley, Thacker and Wheeler. None. AYES' NAYS' (2) SP-258. Ulysses E. Shifflett has petitioned the Board of Supervisors to locate a permanent mobile home on 5.4 acres of land zoned A-1 Agricultural. Property is situated on north side of Route 641, about ~ mile east of Route 29 North. Property is described as County Tax Map 21, Parcel 29B. Rivanna Magisterial District. Mr. Humphrey gave the staff's report stating that'the property is situated on the north side o£ Route 641 approximately one-half mile east of its intersection with Route 29 North. The property is pipe-stem in shape. The character of the area is rural with scattered homes, one mobile home in the immediate area and a permanent home being built nearby. The area Could be considered incompatible for mobile homes in view of recent concern in the area involving mobile homes. Mr. Humphrey stated that the Planning Office recommended approval subject to the following conditions' 1) a 100 foot setback from Route 641; 2) Health Department approval for a septic tank system; and 3) Two staggered rows of 6 ft. high evergreens along Route 641 Mr. Humphrey said that during the course of the Planning Commission's public hearing, it was ascertained from the applicant that he does propose to locate the mobile home to the back of the lot and therefore there was no need to enforce the screening provision. The Planning Commission recommended approval conditioned upon the permit being issued for one year subject to administrative review at tie end of that year and this permit .to be brought back to the Planning Commission at the end of two years. Also subject to a minimum setback of 800 feet and health department approval of a septic tank system. Mr. Shifflett was present. He said he has seven and one-half acres and lives in Northwo~d Mobile Home Park now. He does not want to continue paying a parking fee when he owns his own !and. Mr. Henley did not see how the Board could turn down this petition. Mr. Wheeler said if the Board approved this petition today they will have one next month and that people had been turned down who wanted to build a house on one acre in this area and he could not support this petition. Mr. Fisher agreed with the chairman. Motion was offered by Mr. Thacker to defer any action on this petition until 6-27-73 July 11, 1973 at which time the full membership of the Board would be present. Motion was seconded by Mr. Henley and carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker and Wheeler. NAYS: None. (3) SP-260. Chestnut Grove Baptist Church has petitioned the Board of Supervisors to locate a cemetery for church on 1 acre of land zoned A-1 Agricultural. Property is situated on west side Route 631 (Old Lynchburg Road) about 1 1,/2 miles south of its intersection with Route 706. Property is described as County Tax Map 89, Parcel 54. Scottsville Magisterial District. Mr. Humphrey stated that the subject property is on the fringe of a community, but i$ presently well screened on all perimeters. There is a substantial home under construction approximately 150 feet to the south. The site drains to a wet weather drainage swale and appears not to interfer with well water supplies. He did state that the Planning Commission had heard this petition twice. It had been deferred for a site review. They had thereafter recommended approval with the following conditions: 1) a 35 foot setback from the center line of Route 631 for commencing of grave sites; 2) all grave markers be flush with the ground; and 3) that the one-half acre which the Planning Commission approved be identified with some type of permanent marks Mr.. Donald Terrell and Mr. Henry Scot~ were present in suppor% of this petition. After a short discussion, Mr. Thacker offered motion to approve the permit subject to the following conditions' 1) 50 foot setback from the center of the road; 2) 9rave markers to be flush with the ground; and 3) approved 1~36 acres as per the following description: Beginning at a point in the center of State Routs 631, a corner common to the properties of Albe~a~Giles and the Drucilla Johnson, Estate, located on the north side of State Route 631 approximately 4 miles south of Charlottesville, Virginia; thence with the said Johnson-Giles line N23°36'20"W - 698535 feet; thence N66°26'36"E - 84~40 feet; thence S23°33'24'' E - 705.28 Feet; thence S71~05'00" W - 84.08 feet to the point of beginning cont&ining in all 1.36 acres, said acreage to be marked with permanent markers. Mr. Thacker's motion was seconded by Mr. Henley and carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker and Whbeler. NAYS: None. (4) SP-261. Patricia Ann Tiffany has petitioned the Board of Supervisors to locate a country store on 31.88 acres of land (part thereof) zoned A-1 Agricultural. Property is situated on north side of Route 250 West, and south side of 1-64 just west of Yancey's Mill interchange. Property is described as County Tax Map 55, Parcel 19. White Hall Magisterial District. A question arose concerning' ~he deed to this property. Mrs. Tiffany showed 5he deed to the Board of Supervisors and Mr. St. John stated that if the deed had been received, even though it had not been recorded, the deed is binding. Mr. Humphrey stated that the property is situated to the west of the interchange of Route 250 West and 1-64, with 15,000 feet of frontage along 1-64 and approximately 200 feet along Route 250. The property abuts "Tuck-Away" on the west and north. The area is rural in character. Two markets are located across Route 250 from this property. The comprehensive plan indicate "The Cedars and "The Long House" as primary historical sites and the area is in the ,agricultural category with~l~rge lot develop- ment. He stated that the applicant proposes to locate a 4,000 sq. ff. coun~ry store ........... 6_27~73 .... _-: 151 situated approximately 190 ft. from the 1-64 right of way and approximately 1200 ft. north of the right of way of Route 250. The applicant proposes an access to property on land that has a 20 foot non-exclusive right of way apparently not owned by the applicant. He said the need to locate the entrance in this manner is caused by extreme topography along the applicants frontage and to provide for proper~distance. The Highway Department has indicated this is the only place it would approve an entrance permit He said the applicant indicated there would be 33 parking spaces and two loading areas in connection with this facility. The staff felt that such a facility on 33 acres located as proposed would appear to be compatible, however, they were concerned with what must be done without the 20 foot easement to provide proper slopes and guard rails, and were also concerned with the drainage which will be impeded if proper application of structures is not provided. The staff had recommended that if approved it should be based on the following conditions: 1) approval of the Highway Department for an entrance permit ~and proper drainage structures under the fill; 2) no sign other than one identification sign of 4 sq. ft. be permitted; 3) no signs be located in view of 1-64; and 4) that the access road be paved when it traverses on land not owned by the applicant. Mr. Humphrey stated that the Planning Commission recommended unanimously that this special use permit be denied. Mrs. Tiffany was present in support of the petition. Mr. Joseph Richmond spoke in opposition. He presented a petition signed by 100 persons in opposition. He stated that he represented the Plummets and they were concerned about the 20 ft. access road and he said the Planning Commission felt that this facility was not needed in this area and that it would not benefit the area or the community. Mr. Harry Plummet, from "Tuck Away" said he was concerned about the access road. Mrs. Plummet stated that her property is zoned B-1. She said that the implication for a country store was greater than what was indicated and this is not in the community cluster shown for business in the master plan. Mr. Louis Scribner, Ivy Citizens Association, urged the Board to deny this request. Mr. Wendell Jackson, The Cedars, asked that the Board deny the request. He did not feel there was a need for another store in this vicinity. Mr. Ralph Paddock said he agreed with the remarks just made. He did not feel there was a need for more stores. Mr. W.M. Fitzgerald from Greenwood spoke in support of the petition. Mrs. K.S. Wood from Brownsville spoke in support of the petition. Mr. Walter Young said he felt this is a needed facility for tourists. Mr. John ~ebb~ from Greenwood, said he could see no harm in one additional store being built. 6-27-73 Mr. Bob Stillman from Crozet, said he did not feel that a country store serves the community, only tourists, and he could see no reason not to approve the permit. Mrs. Plummet said that there were many people in the Greenwood area working on the development of crafts within the community through the Greenwood Community Center, i] and she did not feel there is a need for another outlet. Mrs. Dedus Newcomb from Greenwood said she had written a letter to the paper asking for a moratorium on zoning and she felt this was a good example of why a mora- torium was needed --~ There followed a lengthy discussion concerning the Highway Department permit which~ had been issued to Mfs. Tiffany for entrance ways. Mr. Henley then offered motio~ to defer action on this petition until July 11, 1973 in order to get a clarification fro.m the Highway Department and he also asked that a representative of the Highway Department be present at that meeting. Motion was seconded by Mr. Fisher and carried by the following recorded vote: Messrs. Fisher, Henley, Thacker and Wheeler. None. AYES: NAYS: (5) SP-262. George Lively has petitioned the Board of Supervisors to locate a permanent mobile home on 4 acres of land zoned A-1 Agricultural. Property is situated on west side of Route 766, about 1 mile south of its intersection with Route 614. Property is described as County Tax Map 41, Parcel 60A. White Hall Magisterial District. Mr. Humphrey stated that the property is vacant and situated some 2,600 feet south of Route 614 at the terminus of Route 766. Access to the property is further described as being approximately 4,000 feet east of the immediate area known as White Hall. He stated that the Planning Commission recommended approval for five~years with a 100 foot setback if possible, and if not, subject to administrative approval of a setback that would be satisfactory to the County Planner and the applicant, Health Department approval of a septic tank and at the end of five years this permit would have to come before the Planning Commission and the Board of SUpervisors for renewal. Mr. and Mrs. Lively were present in support of the petition. Mr. Lively stated that he could set the trailer 150 back as originally proposed. No one from the public spoke for or against the petitien. Motion was offered by Mr. Henley to approve with the conditions given, however, he said he was concerned about misleading citizens by granting a five year permit. Mr. Thacker gave second to the motion and it carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker and Wheeler. NAYS: None. SP-263. (6) /Dorothy Rush has petitioned the Board of Supervisors to locate a permanent mobile home on 4.2 acres of land zoned A-1 Agricultural. Property is situated on east side of Route 715, about 2 miles south of its intersection with Route 6. Property is described as County Tax Map 127, Parcel 56. Scottsville Magisterial District. Mr. Humphrey said that the property is situated on the east side of Route 715 about two miles south of its intersection with Route 6 in the Dawson Mill area. The 6-27-73 253 character of the area is rural. Mr. Humphrey said the mobile home is on the property at this time, a permit having been issued through the lineal relative provision. This provision does not apply to Mrs. Rush and she was advised that she would have to apply for a special permit in order for the trailer to remain on this site. He stated that the Planning Commission recommended approval of a five year permit subject to Mrs. Rush, herself, living in the tra~ler, a 30-foot s~back and Health Department approval of a septic tank system. Mrs. Rush was present in support of the petition. No one spoke for or against, however, because the Board was unable to obtain s~tisfactory answers from Mrs. Rush as to who owns the mobile home and the land, motion was offered by Mr. Thacker to defer action on this petition until July 11, 1973. Motion was seconded by Mr. Fisher and carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker and Wheeler. NAYS: None. (7) SP-253. Frank Folsom Smith has petitioned the Board of Supervisors to locate a Planned Unit Development, central well system and central septic system on 352.44 acres of land zoned A-1 Agricultural. Property is situated on west side of Route 708 and north side of 1-64, about 2 miles west of Ivy interchange. Property is described as County Tax Map 73, Parcels 29, 29D and 29F. Samuel Miller Magisterial District. Mr. Humphrey presented a 15-page staff report and then stated that the Planning Commission recommended approval of the concept at this point subject to the following conditions: 1) a central well system and tertiary sewage treatment plant be approved under separate permits; 2) the future village center be deleted at this time; 3) one dwelling unit per two-acre density for cluster and single family over entire area; 4) the present road system not be' approved as proposed, but, be considered when the site plan is presented for approval; 5) a charter establishing a citizens association be approved to maintain roads and upkeep open spaces; and 6) areas designated for playgrounds shall be implied on the plan. Mr. Leigh Middleditch introduced Mr. Frank Smith. McNair were also present in support of the petition. of and approval of the petition to con~ruct 195 units. Mr. Buddy Loving and Mr. John Mr. Smith requested consideration He said he had agreed to delete the village center of some 18 acres but would like to reserve this for the future. A gentleman speaking for the Ivy Citizens Association stated that they recommend approval of this petition. Another gentleman inquired if he were to be taxed for a waterline into this project. Mr. Fisher felt that the work performed by the applicant to date was good, however, he stated that he was concerned about water and sewage disposal. He was also concerned about Route 708. Mr. Thacker said the road was also one of his main concerns. Mr. McNair said he would like to see approval given contingent to water and sewer being approved under separate permits. Mr. Smith requested that in the conditions the word tertiary be deleted. Mr. Fisher offered motion to approve SP-253 with the following conditions: 6-27-73 1) 'Central well system and sewage disposal system to be approved under separate permits. 2) Future village center to be deleted at this time. 3) Present road system not to be approved as proposed but to be considered when the site plan is presented for approval. 4) A charter establishing a citizens associatio_n.~~~..~.--~/~ ~?//~/7~// 5) Areas designated for playgrounds shall be'~dn the ~ite plan. 6) Site plan is to come to the Board of Supervisors before final approval. 7) Approve a total of 195 units. 8) Plans for sewage disposal are to be for the entire project and not just for individual clusters. Motion was seconded by Mr~ Thacker. Mr. McNair said that because it is a cluster arrangement and because of certain soil conditions, he would like the Board to leave as much flexibility as possible, since single family dwellings may be able to handle septic tank systems. Mr. Henley said he did not feel this is the problem,the Board would need an over- all plan for the entire development. Vote was taken at this point and the motion carried by the following recorded vo~e: AYES: Messrs. Fisher, Henley, Thacker and Wheeler. NAYS: None. The next item under discussion was a memorandum from Ray Jones concerning wa~er service at West Leigh and Flordon. Mr. Wheeler felt that some temporary action should be taken until July 19th in order to give the Service Authority time to make a report to the Board. Mr. Henley offered the following resolution for adoption: WHEREAS, ~it h~s come to the attention of this Board that water production for West Leigh and Flordon Subdivisions has de- creased to a point where it is necessary for the Albemarle County Service Authority to haul adequate water for domestic usage; and WHEREAS, this Board is advised that the Albemarle County Service Authority may no~ be able legally to deny water connections where there is an existing line in front of the lot; and WHEREAS, it is the opinion of this Board that to continue allowing new connections to these water lines constitutes a threat to public health and welfare: NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the Albemarle County Planning ~epartment is to cease issuing building permits for lots in West Leigh and Flordon Subdivisions from this date until July 19, 1973, at which time this Board expects to receive a full report from the Albemarle County Service Authority giving a completion date for the Stillhouse- ~-~ Ivy water line. The foregoing motion was seconded by Mr. Thacker and carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker and Wheeler. NAYS' None.I·'3 Claims against the County amounting to $1,676,953.91 were presented, examined and allowed and certified to the Director of Finance for payment and charged against the following funds: 6-27-73 155 General Revenue Fund General Operating Fund School Operating Fund Cafeteria Fund Capital Outlay Fund Virginia Public Assistance Fund Dog Tax Fund Textbook Rental Fund Crozet Sanitary District Fund Commonwealth of Virginia: Current Credit Account Local Sales Tax (1%) Total $ 685.71 195,105.76 997,576.89 22,783.51 362,388.39 93,666.20 1,134.83 1,114.64 145.00 2,209.02 143.96 $'1,676,953.91 Upon proper motion, the meeting was adjourned at 11'25 P.M. Chairman