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HomeMy WebLinkAbout1972-09-27284 A regular meeting of the Board of County Supervisors of Albemarle County Virginia, was held at 7:30 P.M. on September 27, 1972, in the Albem~mte County Court House. Present: Messrs. Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, William C. Thacker,-Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr. Absent: None. Officers present: County Executive and County Attorney. The meeting was called to order by the Chairman. As requested by the Board on September 21, 1972, the following resolution was presented for consideration: this matter.~)' (Mr. Carwile abstained during discussion of WHEREAS, the developer of Hollymead, North Corporation, has requested clarification of certain conditions heretofore imposed by this Board in its issuance of Special Use Permit No. 1~6, in particular the conditions concerning~sewage disposal and the number of building ~~ermits to be issued pending the availability of a uublic sewerage system, NOW~ THEREFORE, BE IT RESOLVED, that condition No. 1 as found on Page 114, Minute Book No. 9 of this Board is hereby amended to require that the developer (I) provide a central.sgwerage disposal system at his expense and subject to approval by this Board and the State Health Department of (2) in the alternative, said developer, its successors and assigns shall not permit construction on any two adjacent lots wherein the lot subject of construction contains less than 20,000 square feet, until a public sewerage system is available, it being the intent of this Board that a unit constructed upon one' lot shall be served by an individual septic tank system running onto the adjacent lot, and that the lot so served together with the servient lot shall .~.~'~J6ontain in the aggregate a minimum of 20,000 square feet. The subdivision plat as finally approved and to be recorded for this develOpment shall designate the lots so restricted if the developer elects the septic system formof disposal. BE IT FURTHER RESOLVED that~no building permits beyond 8~ dwelling units are to be issued for units served by septic tanks. Upon avail- abilfty of public sewer, owned and operated by the Albemarle County Service Authority or the Rivanna Regional Service Authority, permits may be issued up to 740 dwelling units, ~der Special Permit 1~6, as approved, with public sewer and water conditioned upon the up-grading of reads to meet the vehicle per day count and standards of the Virginia Department of Highways as originally approved by the Board of Supervisors at their meeting 8f April 26, 1972, under Condition No. 2 of approval found on Page 11~, Minute Book No. 9. Dr. Charles Hurt was present and stated that he has read the resolution and does not object to same. He also stated that a bond in the amount of $7~,000 has been placed for roads and he felt that at this time, he has complied with all conditions of approval. Motion was offered by Mr. Fisher, seconded by Mr. Henley to adopt the foregoing resolution. Motion carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. ABSTAINING: Mr. Carwite. 285 F" In the matter of a Street Naming Committee, Mr'. Fisher nominated MaryHouseman Lupton. The other Board members not having a name ready for nomination, the Clerk was ordered to putA~ this item on the agenda for October 19. At 7:$~ P~.M.-, the Chairman called for public hearings on zoning matters as advertised in the Daily Progress on September 8 and September I~, 1972: (1) ZMP-2~O. Messrs. William S. Roudabush, John W. Smith, Leroy W. Leizear, William C. Smith, W. C. Norford, M. E. Crawford~ Eva S. Davis, James L. Smith, Donald W. Norman, Benton Patterson and Allen Spit'zer have Detiti0ned the Albemarle COunty Board of Supervisors to rezone 22.~1 acres of land from A-I Agriculture to RS-1 Residential. Property is situated on south side of Route 6~1 eight tenths of a mile east of Route 29 North and is generally known as "Sandy Branch ~.'.'Re~ort Farm". Property is described as County Tax'Map. 21A, Parcel I (part thereof), Parcels lA, 2A, 3A, SA, 6A, 7A, lB, 2B, 3B, %B, IC, 2C~ 3C and ~C. Rivanna MaEisterial. District. Mr. Humphrey gave the following staff report: The present land use consists of an established residential neighborhood with lot sizes =onforming~ to RS-1 zoning, and the petitioning residents desire the protection of such zoning, however, the Comprehensive Plan indicates this area to be developed under the two acre land use category. The lots are presently nonconforming. This Parcel is in no way rela~tive to any "Village" or community cluster. While a one acre category would be the residential objectives relative to establishing one acre, it would not meet the intent of the "Comprehensive Plan" in its objective to channel growth and if granted would tend to open this area to sprawl and defeat the-pi.an and its intent. The Staff recommends denial because of the detrimental effect it would have in defeating the "Plan" as adopted. Mr. Humphrey then stated that the Planning ~ommission unanimously recommended denial. Mr. Paul Peatross spoke in favor of the petition. He gave a short history in 19~8 stating that this subdivision was developed/before zoning. After zoning wezt into effect it was a non-~onforming use. The lots average one acre, the roads are maintained by the residents and water has already been installed. He feels that the zoning ordinance language is discretionary, not mandatory. He did not feel that this is spot zoning, since there are 2~ acres involved. Mrs. Earl Andrews spoke in opposition stating that maintenance of the rural area is for the betterment of all. Mr. Fisher asked Mr. Humphrey about the question of re-building. Mr'. Humphrey Stated that all non-conforming lots recorded prior to zoning are re-buildable (Zoning Ordinance Section 10-6 and 10-6-1). Mr. Fisher stated that he could not see where this re-zoning provides any protection to the property owners. Mr. Carwile felt- that this Board san better protect the citizens by seeing petitions as they come up and made motion to accept the recommen~zon of the Planning Commission and deny. Motion was seconded by Mr. Henley and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. 28 3 (2) ZM?-251. Massie and Boatw~ight have petitioned the Albemarle County Board of Supervisors to rezone 30.0 acres from A-1 Agriculture to R-I Residential. ~roperty is situated on west side of Route 726 approximately one mite west of the town of Scottsville. Property is described as County Tax Map 130, ~arcel 39. Scottsville Magisterial District. Mr. Humphrey stated t~at the staff had found this parcel to be within the Scottsville C~lster in an area indicating medium density (2.~ dwellings per acre) with public ~ewer and water. This property is also located in the immediate watershed of "Totier Reservoir." Residential development in this watershed should b~,main- tained at a low density without both utilities~ especially without public sewer. A density development involving septic tanks should not be permitted in a watershed housing a water supply. Therefore~ the staff recommended RS-1 zoning on this property in keeping with the desire to maintain the "Totier Res'ervoir" in proper fashion~ relative to contamination and to meet the residential objectives of the adopted plan. Mr. Humphrey then stated that t-he Planning Commission recommends ~pproval of RS-1 in lieu of R-$ and the applicants haVe agreed to this. Motion to approve RS-1 a~ recommended by the Planning Commission was offered by Mr. Wood, seconded by Mr. Thacker and carried by the following recorded vote: AYES: Messrs. Carwile~ Fishery Henley~ Thacker~ Wheeler and Wood. NAYS: None. (3) ZMP-2k2. John F. Kellog_has petitioned the Albemarle County Board of Supervisors to rezone 0.~ acre from A-1 Agriculture to B-1 Business. Applicant wishes to place a woodworking shop. on the subject property. Property is situ~ated'on east side of Route I~21 (old Route 20 north) one half mile north of Route 2~0. Property is described as County Tax Map 78~ ?arcel ~aB. Rivanna Magisterial District. Mr. Humphrey gave the following .staff report: Although the staff ~eels that woodworking is a worthwhile and necessary occupation and should be encouraged inAAlbemarle County~ we feel that a zoning change to B-I Business is not the proper course of action in this case. B-1 zoning of this property would permit general business uses not limited to wood- working shops. This type of land use would be out of character with the existing development in the area and also with the development designated in the Comprehensive ~lan. There are several alternate courses that may be followed to establish a woodworking shop on this or another site. A very limited shop could be established in the present A-I zoning as a home occupation~th no further permit. For absentee resident, a s~ecial~ermit could be a~plied for as a "craft shop~ in the &-I zone. This property .is-~ocated within the 100 year flood plain. The staff recommends denial of B-1 zoning. Mr. Humphrey stated that the Planning Commission hearing it was determined that Mr. EeIlog wishes to rent this property-to a person as a business. who wishes to establish a woodworking shop/ Several people a~peared in opposition and he presented a petition signed by thirteen neighbors. He stated that in keeping with the staff report~ the ?lanning Commission had unanimously recommended denial. Mr. John Tisdale~ a property owner to the south of subject land, spoke in opposition. Mr. Woo~Eoffered motion to accept recommendations of the Planning Department and 287 . h the Planning Commission and deny. Motion was seconded by Mr T a~ker and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. ZEP~3~.~ ~¥irginia National Bank, Trustee, S. W. Heishman and Wendell W. Wood have petitioned the Board of Supervisors to reZone 29.26 acres from R-2 Residential to B-I Business. Property is situated in the northeast corner of Route 29 north and Route 631. Property is described as County Tax Map 61, Parcel 123. Charlottes- ville Magisterial District. (Note: Mr. Carwile did not participate in discussion or any action taken on this matter.) Mr. Humphrey stated that the adopted land use~map indicates the parcel to be in an area designated for high density residential. The consultant did not recognize the existing zoning of B-1 in the area, although B-1 zoning en this prqpeh~y would be in keeping with the written commercial objectives relative to locating commercial centers. It is the staff's understanding that plans for the parcel involve a planned shopping center. The key to development of this parcel as commercial is that it be a planned shopping center and not piece meal develoPment'~ The Planning Department was informed that county sewer and~water would be utilized, therefore, the staff recommends approval finding and the request in keeping with the written objectives of the adopted plan/in keeping with the existing zoning pattern and land use. Mr. Humphrey then stated that the Planning Commission had deferred action on this matter until a staff'report could be written on the different alternativesfor disposal of sewage. The staff had arrived at three solutions, namely~ (1) tie into the Woodbrook lagoon, (2) possible use of a septic tank system, or (3) provide public sewerage by a pumping operation across Rio Road into the Berkeley-Meadow Creek System, this to be a '~emporary measure until public sewer isavailable. When this report was presented to the Planning Gommission they felt that there were enough alternatives, and had recommended approval of the petition. Mr. Wendall Wood was present on behalf of the petition. H~ stated that he would be willing to locate the sewage facilities anywhere ~he was advised. Mr. Curtis Tompkins, a resident of Woodbrook spoke concerning a petition signed by 62 residents of Woodbrook Subdivision. The petition is as follows: "As property owners in the Woodbrook Subdivision, we are not opposing the application for ~MP24~ to 2~.1 acres from R2 to BI, Parcel 123-Tax Map ~631, but we feel that the proposed project should have restrictions to protect us as property owners. Approximately three years ago, a correspondence received by the County from the late State Health Commissioner, Mr. Meredith, now replaced ~.Mr. Oscar Adams, stated that no more buildings for sewage could be put into the present lagoon. We are therefore recommending that the ~action be delayed until this can b~.f~rther investigated. We, the property owners, propose: 1. A sewage disposal system should be installed. The present lagoon was eight feet deep when Woodbrook was first developed. At the present - ~.-time, it is approximately three feet, due to the excess sewage build-up into the lagooon. 2. One hundred feet joining Woodbrook residents should remain the same, keeping all trees, shrubbery, etc. A County Zoning Regulation states that RI and BI are to be separated by R2. However, there are no plans for an R2 development in this proposal. This buffered zone would: A. Help absorption of surface water. B. Eliminate view of automobiles, trash receptacles, and other objects which could abound Woodbrook. 28.8 3. No lighting should be directed at Wo~dbrook. ~. No paths, bike trails or walkways should be made from-Woodbrook to the MtioD~inE Center, unless instructed to do so by residents." Mr. Bob Johnson~ another resident of Wo~brook, stated that he felt the traffic in the Rio Road Intersec:tion would be similar to that generated at the K-Mart. He felt that this would cause traffic to slow down and would add more traffic lights on Route 29. Mrs. Frances Martin asked how the storm-run off would be handled. She felt there should be a decision on this and the sewage problem before the petition is acted on. Mr. Fisher stated that due to the lack of public sewerage~ he felt this petiiion was premature and could not in good conscience support same. Mr. Thacker fel~t that the run-off problem was even more serious than the sewage problem. Mr. Wheeler felt that since there was a conflict concerning the sewage problem this matter should be deferred until some solution was found. Mr. Wood stated that he felt it was ridiculous to even consider approving this petition to be put on either the Woodbrook lagoon or for the use of a septic tank system. Mr. Wood also stated that he had no conflict of interest in this oetition. This had been checked by the County Athorney with the State Attorney and General~/ For this reason he had not disqualified himself. Mr. Henley offered motion to defer action on this petition until further information could be received concerning the sewerage problem and the problem of drainage. Motion was seconded by Mr. Fisher and carried by the following recorded vote: AYES: Messrs. Fisher, Henley~ Thacker~ Wheeler and Wood. NAYS: None. ABSTAINING: Mr. Carwile. (~) N. B. Mortgage Corporation has petitioned the Board of Supervisors to rezone I6.0 acres from A-1 Agriculture to B-1 Business. Property is situated with frontage on Route 726 and Route 6~ at the intersection of Route 6 and 726. Property also has frontage on Route 737- Prooerty is described as County Table,Map 130, Parcels 2~ (part thereof), ~3 an~ 2~A. Scottsville Magisterial District. Mr. Humphrey stated that the subject property under the request for B-I Business is in keeping with the adopted land use plan for the Scottsville C~uster. The general business category under our existing ordinance is samewhat broad in-scope relative to usage~ however, the intent is in keeping With the objectives. Apparently there is immediate use to be made of the property. The staff recommended approval of this'request. County water and sewer are to utilized. The Planning Conmmission recommended approval of a~plication as proposed~ Mr. W..A. Pace-was present in behalf of the petition. He stated that they are working ~ith the Service Eu~h6rity 28'9 to bring water and sewer to this property, however, there may be need to use one temporary septic tank system until public sewerage is availabe. Mr. Forrest Paulett also spoke in favor of the petition. Mr. Thakker stated that looking back over the l~st three years he is amazed that the business~ave survived and he felt this was a worthwhile project. Motion was offered by Mr. Thacker to approve the petition. Motion was seconded by Mr. Fisher and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler. NAYS: None. ~,.B SENT: (6) Mr. Wood. ~MP-245. Alexander H. Moore has petitioned the Albemarle County Board of_ Supervisors to rezone 2.033 acres from A-1 Agriculture to R-1 Residential. Property is situated at the terminus of State Route 68~ in the KeSwick area. 'Property is described as County Tax Map 80~ Parcel 156. Rivanna MagiSterial District. Mr. Humphrey stated that the Comprehensive Plan indicates this property ~o be located in an area designated for one acre density. The staff having found the proposal in keeping with the land use and residential objectives for the Keswick area recommended approval~of RS-1 in lieu of R-1. M~. Humphrey stated that the Planning Commission unanimously recommended approval of RS-I on a 1.1~1 acre tract. Mr. Moore was ~esent and had agreed to the RS-! zoning. Motion was offered by Mr. Fisher to approve as recommended by the Planning Commission. Motion was seconded by Mr. Henley and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler. NAYS: None. ABSENT: Mr. Wood. (7) SP-198. Janice Pilcer has petitioned the Albemarle County Board of Supervisors to locate a permanent mobile home on approximately one-half acre~ Property is situated north of Route 2~0 in the Crozet area. Property is described as County Tax~Map ~6, Parcel 81(3). White Hall Magisterial District. Mr. Humphrey stated that the staff recommended approval conditioned upon Health Department approval. He stated that the Planning Commission also recommended approval conditioned upon the mobile home being connected to a public water supply and Health Department approval of a septic tank system. Motion to acce~t recommendations of the Planning Commission and the Planning Staff was offered by Mr. Henley, seconded by Mr. Carwile and carried by the following recorded vote: AYES: Messrs. Carwite~ Fisher, Henley, Thacker and Wheeler. NAYS: None. ABSENT: Mr. Wood. (8) SP-199. Quincy Offield has petitioned the Board of Supervisors to locate a permanent mobile home on 10.69 acres situated at the intersection of Route 720 and Route 20 South approximately one and three quarter miles south of Carters Bridge. Property is described as County Tax Map 112, Parcel 33D (1'). Scottsville Magisterial District. 29O Mr. Humphrey stated that the property is located adjacent to Harris Creek. Th~ applicant's house fronts on Route 720 and the proposed site for the m~b~te home is approximately. 7~ feet from this house.. Much of the property is low land and rises where the hous. e is located. The p~operty is larEely an open field and the mobile home would be clearly visible from both main roads. There are other similar small dwellings and mobile hOmes near the property on Route 720, The staff recommended Health Department approval of a septic tank system and adjacent property owners' approval and setback be the same as the house, if the-petition were approved. Mr. Humphrey stated that at the Planning Commission public hearing it had been determined that Mr. 0ffield desired approval 'of the mobile home for his son, but would rent same during an interim period. In light of this, the Planning ~ommission had recommended denial of the petition. Mr. 0ffield was present. He stated that he felt there had been a misunderstanding concerning the rental of the trailer. It is his intention that it would be rented to his son. Mr. 0ffie~ was then informed that the mobile home could be located on this property without a special use permit if he would sign an affidavit stating that his son would be residing in the mobile home. Mrs? Thacker offered motion to allow Mr. 0ffield to withdraw the petition without ~rejudice. Motion was seconded by Mr. Carwile and carried by the following recorded vote: AYES NAYS (9) Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. SP-200. Willis J. Martin has petitioned to locate a permanent mobile home on 3.~5 acres situated on Route 20 approximately one mile south of Carters Bridge. Property is described as County Tam Map 112~ Parcel ~SA. Scottsville Magisterial District. Mr. Humphrey stated that the applicant wishes to place the mobile home on a rise behind his home and adjacent body shop. A neighboring frame house is located 1~0 yardz southeast of the proposed site. The site is not clearly visible from Route 20. The applicant recently cleaned up a car junkyard on the site and intends to make further improvements. The staff recommends that this petition be granted conditioned upon Health Department approval. Mr. Humphrey stated that the Planning Commission recommended approval with~the fallowing conditions: (1) administrative review at the end of one year and renewal administratively if conditions warrant, (2) subject to purchase of 0.6~ acres, and (3) Health Department approval. Mr. Martin was present and stated that the Health Department had approved, but that he could not afford to buy any additional land at this time. Mr. Carl Tomlinson, adjoining property owner spoke in favor and stated that he would let Mr. Martin have the land with or without money. Mr. Martin then stated that earlier this year he received bodily injuries which had not allowed him to work and since he could no longer afford to live in his house he had purchased a mobile home. He plans~ to move into the mobile home and rent his house to students. Mr. Thacker offered 29! motion to deny the petition and motion was seconded by Mr.' Carwi!e. During discussion before vote was taken on the motion, Mr. Martin stated that he had purchased the mobile home several months ago and that after receiving letter saying that ~the Planning ComMission recommended approval 'or'the petition, Southwood Mobile Homes had moved the mobile home onto his property, The motion and the second were then withdrawn. Motion was then offered by Mr. Carwile to defer action on this petition until the County Planner could contact Southwood Mobile Homes~. Motion was seconded b~ Mr. Thacker and carried by the following recorded vote: AYES: Messrs.. Carwite, Fisher~ Henley, Thacker, Wheeler and Wood. (Note: The County Planner was instructed to rewrite the l~tter which is NAYS: None. mailed to petitioners notifying same of Planning Commission action.) (10) SP-205. Orlando Dunnhas petitioned the Board of Supervisors to locate a permanent mobile home on 3-~ acres on property situated on Route 601, six (6) miles from Free Union. Property is described as Colmty Tax Map 7~ Parcel 37. White Hall Magisterial District. Mr. Humphrey stated that the Planning Staff and the Planning Commission recommended approval conditioned upon Health Department approval of a septic tank system. Mr. Dunn was not presant. Mr. Wood offered motion to approve. Motion was seconded by ~ Mr. Henley and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, 'Wheeler and Wood. NAYS: None. (11) SP-206. Florence C. Norvell has petitioned the Board of Supervisors to locate a permanent mobile home on 2.-0 acres situated in CoveSville'area on Route 29 South. Property is described as County Tax Map 108, Parcel 2~ (part thereof). Sc~{tsville Magisterial District. Mr. Humphrey stated that the property fronts on old Route 29, approximately a twelve foot drop below the new road. There is a two-story frame'dwelling approximately 100 yards north of the proposed site, also a two-story frame dwelling approximately 100 yards southeas~ across old Route 29. The proposed site is visible to both these hOUses but is not visible from new Route 29. The staff recommended approval~of the Health Department. Mr. Humphrey stated that at the PlaRning Commission public hearing, action on this petition had ~en deferred for a site review. After site review, the Planning Commission recommended approval with ~30-ft. set back from right-of-way and standard Health Department approval of a septic tank system. Mrs. Norvell was present. Mr. James Beck spoke stating that this was a true hardship case. Mrs. Norvell had been forced to vacate her dwelling when Route 29 South was improved and had be~n unable to find land on which to set her trailer. Mr. Humphrey stated that it might be hard to get a septic tank system on this property because of the terrain and he understood the Health Department had looked at the property for a site for a pit privy. After a lengthy discussion, motion was offered by Mr. Wood to approve therpermit with best sanitary facilities ~ossible, subject to approval of the Health Department and that the permit be for Mrs. Norvell's lifetime only. Motion was seconded by Mr. Henley ~nd carried by the following recorded vote: 292 AYES: Messrs. Carwite, Fisher, Henley, Thacker, Wheeler and Wbod. NAYS: None. aP. 19%. Daniel D. Shifflett has petitioned the Board of Supervisors to locate a permanent mobile home on 3.0~ acres situated on Route 824,. south of Route 2~0 west. PreDerty is described as County Tax Map 71, Parcel 34A~3). Samuel Miller District. Mr. Humphrey stated that the Planning Staff and the Planning Department recommended approval with a 200 ft. set back from Route 824 and Health Department approVal of a Septic tank system. Mr. Shifflett was present. Motion to approve was offered by Mr. Fisher, seconded by Mr. Henley and carried by the following recorded vote} AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Upon request of the County Attorney,the following resolution was offered: BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that Harry Frazier, III, Attorney, be and is hereby authorized to continue to conduct, to its conclusion, in the Supreme Court of Virginia, the ease of W. A. Perkins vs. the County of Albemarle, Virginia. Motion to adopt the foregoing resolution was offered by Mr. Carwile, seconded by Mr. Thacker and carried by the following recorded v~te: AYES: Messrs. Carwile, Fisher, Henley, Thacker, %~eeler and Wood. NAYS: None. Mr. Lloyd Wood brought to the attention of the Board that two appointments to the Highway Safety Commission expired on. December 31', 1970. The Clerk was then instructed to send a list of present ~embers and criteria for appointing same to the Board~ This item $~ be on th$ agenda at a later date. Motion was offered byMr. T~cker, seconded by Mr. Carwile to adjourn this' meeting until 6:30P.M. on September 28, 1972, in the Board Room to discuss land acquisition with the School Board. Motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. · ..... Left out above. Claims against the County amounting to $1,321,624.01 were presented, examined and allowed and certified to the Director of Finance for payment and charged against the following funds: General Revenue Fund General Operating School Operating Capital Outlay Virginia Public Assistance Dog Tax Fund ~, ~9~. 63 147,162.31 600,464.78 1 ~6,766.18 96, ~99.1 6 1,2~0.60 9-27-72 293 Textbook Rental Fund Local Sales Tax-Town of Scottsvilte Commonwealth of Virginia-Current Credit Account Total $ 8,071 . 06 1W9.81 30~, ~65. ~8 $1 ~321,62~.01 Chairman