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HomeMy WebLinkAbout1973-01-24 A regular meeting of the Board of County Supervisors of Albemarle County, Virginia, was held on January 25~ 1973, at 7:30 P.M. in the Albemarle County Courthouse, Charlottesville, Virginia. Present were: Messrs. Stuart F. Carwile, Gerald E. Fisher~ J. T. Henley~ Jr., William C. Thacker, Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr. Officers present: County Executive and County Attorney. Mr. ?ickford stated that the committee appointed to make changes in the contract for joint operation by the City and the County for the Ivy Landfill had met and had returned the contract with only one change being made. In paragraph 4, operational costs were changed to reflect a payment of 2/3 by the City and 1/3 by the County. The committee had discussed the objections raised at the December 29 meeting 'but did not feel the other objections were justified. Mr. Guy Agnor, Public Works Director for~the City stated that he had met with Mr. J. Ho Bailey to determine the volume of waste that would be generated by the City and they had determined this to~-be from 40%to ~%. He then asked the Board to consider sharing the cost of site~improvements on an equal basis. Mr. Fisher stated that as a member of the committe~he found no fault with the contract, but could not' convince himself that the use of the road by that many additional vehicles would be sufficient for the safety of the citizens and would not support this contract. Mr. Carwile offered motion to ahtho~ize the Chairman to execute this contract between the City of Charlottesville~ Cbhtinental Can Company~ Inc., Whitfield Morris and the County of Albemarle. He stated that he shared some of Mr. Fisher's concern about the road~ but the City has a problem with their present landfill location and although he offered this motion reluctantly, he views this community as a community and felt the Board must be committed to solving this community problem. Motion was seconded by Mr. Thacker. Mr. Wheeler stated that the contract allows the City use of Sanitary Landfill #1 for a period from date of this agreement until midnight on June 30~ 1973. Although he agreed with Mr. Fisher about the road, he felt the Board is faced with what is best for the whole or total community and in putting this June 30 deadline on the contract, it places the burden on this Board and City Coun~i! to find a permanent solution, satis- factory to both, for disposal of solid waste in the future. Mr. Thacker stated in reply to a question from Mr. Agnor~ that the County had borne the entire cost~ to date, of development of the landfill and he feels this is the fair way to share expenses on this temporary period. Vote was taken at this point and the motion carried by the following recorded vote: AYES: Messrs. Carwile~ Henley, Thacker~ ~gheeler and Wood. NAYS: Mr. Fisher. 4O4 1 -24-73 THIS AGREEMENT made this 24th day of January, 1973, by and between the City of Charlottesville, a Municipal C~rporation~ herein after called "City"~ County of Albemarle~ a Virginia Political Subdivi- sion, hereinafter called "County", Continental Can Company, Inc.~ a New York Corporation, hereinafter called "Company"~ and Whitfie!d Morris, hereinafter called "Contractor", W I T N E S S E T H: WHEREAS~ by agreement of Company and County bearing date May 1969, copy of which is attached hereto as Exhibit "A", County leased from Company a tract of land for a five year period ending May 1~ 1975, said real estate to be used by the County for a sanitary landfill opera- tion, and WHEREAS~ County contracted with Whitfield Morris, for supervision and operation of said sanitary landfill operation in accord with the specifications of the same~ copy of which is marked Exhibit "B"~ and attached hereto~ and WHEREAS, City no longer has any capacity within its existing landfill operations for the disposition of its trash and garbage~ and pending a resolution of said problem~ County is willing to permit City to use its landfill at Ivy located on the aforementioned property upon the-~ terms and conditio~ hereinafter set out~ to which the City i~ agreeable~ NOW~ for and in consideration of the premises and the agreements hereinafter set out~ City and County agree as follows: (1) City shall be permitted to use the County's Sanitary Landfill No. 1~ located on the aforedescribed real estate at Ivy in Albemarle County~ Virginia, for a period from the date of this agreement until midnight June 30, 1973, subject to all existing contracts and governmental regulations. (2) The sole responsibility for the operation of the landfill shall belong to the County. (3) City will be responsible for and shall make its own arrangements relative to compensation of Whitfield Morris for the additional work load created by its use of the landfill. Whitfield Morris as is evidenced by his uniting herein accepts responsibility for proper operation of the landfill under his supervision under its increased capacity by virtue of the City's use. Whitfield Morris' responsibility for the performance of his obligations shall be to the County. County will consult with City concerning any major change in its agreements with Morris~ including any extension or renewal of its contract with him. (5) Costs of maintenance of signs, roads, utitities~ drainage~ clearing and any other cost items necessary to the proper operation and use of the landfill shall be borne on a basis of 2/3rd payment by the City a~d 1/3rd by the County. (5) City will share equally with the County obligations under its aforementioned agreement with Continental Can Company~ Inc. (6) City agrees to indemnify County against any claims arising against the County by virtue of City's use of said landfill. As is evidenced by its uniting in this instrument, Continental Can Company, Inc. hereby consents to City's use of the real estate aforedescribed.under the terms and Condition-of Company's lease agree- ment with County. WITNESS the following signatures and seals: ATTEST: CONTINENTAL CAN COMPANY~ INC. By. ATTEST: (Clerk) COUNTY OF ALBEMARLE By. ATTEST: (Clerk) ~ITY OF CHARLOTTESVILLE B~ (SEAL) ~nitfield Morris 405 Upon motion by Mr. Thacker~ seconded by Mr. Carwile~ the following persons were appointed as members of the Albemarle Charlottesville Economic Development and Industrial Commission for the calendar year 1973: John B. Rogan~ Cecil Smith~ William B. Roudabush~ Bernie Demski and Jason Eckford. Motion carried by the following recorded vote: AYES: Messrs. Carwile~ Fishery Henley~ Thacker~ Wheeler and Wood. NAYS: None. Mr. Henley reiterated a statement he made at the January 18 meeting to the effect that he would like to see the Board withdraw support from this commission. M~. Wheeler stated that City Council had given some thought to this and had appointed a committee of Francis Fife and Mitchell Van Yahres to meetLwith representatives of this Board. He then appointed Mr. Thacker and himself to make a report on this matter before the public hearing on the next fiscal year's budget. At 7:45 'P.M. the Chairman called for public hearings on the following matters advertised in The Daily Progress on January 3 and January 10~ 1973: (1) ZMP-257. Robert L. McCauley has petitioned the Board of Supervisors to rezone 2.0 acres from Al Agricultural to RS-1 Residential. Property is situated on Route 665 in the area of Free Union. Property is described as County Tax map 297 Parcel 35B. White Hall Magisterial District. Miss Mary Joy White was present to give the staff report. Miss White stated that A-1 zoning exists in all directions. All parcels are large with the exception of one parcel~ which abuts the property. It contains one acre. Scattered dwellings on large parcels exist in the area. The subj~et'~property has one dwelling and a mobile home. The mobile home was permitted to locate on the property under a "mobile home permit" #7~ issued on April 2~ 1972 under the lineal relative provision of the A-I Agricultural zone. The "Plan" indicates that "Free Union" is recommended for a village cluster. The line recommended establishes the line extending to the east of Eree Union approximately one mile from the center of the existing visage. The subject property lies approximately 800 feet beyond the indicated delineation. The staff was of the opinion that the subject's request is beyond what should be considered for one acre development. The "plan" ~ndicates that the holding capacity~ with reference to population~ should be 1~0OO persons. If the line is established with this rezoning on the east of Free Union~ theoretically the holding capacity could reach as high as 3~000 people ultimately by development between this parcel and the center itself. Mr. Aubrey Huffman was present representing the petitioner. Miss White stated that the Planning Commission recommended approvml of the request and did not require a 50-fgot right of way as was customary, No one from the public spoke. Motion to approve as recommended by the Planning Commission was offered!~by Mr. Wood, seconded by Mr. Thacker and carried by the following recorded vote: AYES: Messrs. Carwile~ Fisher~ Henley~ Thacker~ Wheeler and Wood. NAYS: None. (2) ZMP-2~8. Octave O. Jones has petitioned the Board of Supervisors to rezone ~.12 acres fromA-1 Agricultural to RS-1 Residential. Property is situated on the east side of State Route 79~, near Blenheim. Property is described as County Tax Map 103, Parcel 30, Scottsville Magisterial District. The Chairman explained that he had received a letter from David J. Woody Attorney for Mr. Jones asking that this petition be withdrawn. Motion to allow this petition to be withdrawn without prejudice was offered by Mr. Carwile, seconded by Mr. Thacker and carried by the following recorded vote: AYES: Messrs. Carwile, Fishery Henley, Thackery Wheeler and Wood. NAYS: None. (3) ZMP-259. Certified Welding Service has petitioned the Board of Supervisors to rezone a parcel of land described as County Tax Map 90y Parcel 3~Q from Agricultural to M-1 Industrial. This parcel is located on Route 7~2 south of Charlottesville. Scottsville Magisterial District. Miss White stated that the property is situated on the east side of Route 7~2 (Avon Street, Ext.) approximately 800 feet north of "Snow's Nursery". M-I zoning exists to the immediate south which contains "Hall Brothers Cabinet Shop", a "Saddlery Shop" and "Snow's Nursery". "Lake Reynovia" is located across Route 7~2. Several dwellings exist to the north on the east side of Route 7~2. Beyond and to the north is the community colleEey city-county security complex and the proposed armory. The "Plan" indicates this area in which the subject property lies to be conducive to light manufacturing. Several rezonings to the M-1 category have been consumated over the past two years which has established county policy which has been recognized by the consultant in the development of the "Plan~~. The staff recommends approval of this request in keeping with present policy regarding this area. This is an area undergoing a transition. Miss White then stated that the staff and the Planning Commission recommended approval. Mr. Birckhead was oresent in behalf of the petition. Mrs. Barbara Ward~ adjoining property owner, stated that she objected to this use being placed at the entrance to her property. Mr. Birckhead stated that approximately 80% of the welding would take place other than on this site. Mr. Wood stated that he could recognize Mrs. Ward's concern and at the Planning Commission it was felt that most of the work would be performed away from this site and that any done on the site would~be inside of the building. Mr. Wood then offered motion to approve and the motion was seconded by M~. Thacker. Miss White stated that Mr. Birckhead had also petitioned for a change in the zoning ordinance which would allow for welding in an M-1 zone. This was improperly advertised and has not been heard by the Planning Commission at this time. having this tract Mr. Carwile stated that Mr. Birckhead was trying to get M-2 zoning by/approved for M-I zoning and then amending the zoning ordinance to ~ke welding from N2 to M-1. Mr. Thacker did not feel that he could support an M-2 zone in this area. 407 Mr. Carwile offered a substituSe motion to defer consideration of this rezoning request until such time as the use permit request is properly advertised so that both items may be eonsidered at the same time by this Board. Motion was seconded by Mr. Fisher. Mr. Thacker said that it might mislead Mr. Birckhead if this land were rezoned to M-I and then the Board denied the change in the zoning ordinance and would prefer that both items be heard at the same time. Mr. Wood asked if it were the intent of the motion that welding not be allowed in an M-I zone. M~.. Carwile sa~ that he would like to hear the Planning Commission's recommendations on this matter and would also like to hear public comments before reaching a decision. Vote was taken at this point~ and the substitute motion carried by the following recorded vote: AYES: Messrs. Carwile~ Fishery Henley~ Thacker~ Wheeler and Wood. NAYS: None. Mr. Henley asked how the mix-up had happehed on this advertisement. Miss White replied that the paper had left this paragraph out of the advertisement. Mr. Wood said-to Mr. Birckhead that rather than ask for this use (welding) in an M-I zoner the Board would prefer to rezone to M-I with a special use permit. The Board could then impose certain conditions~ such as screening~ welding inside~ no scrap metal outside of the building~ etc. on a special use permit~. Mr. Carwile stated that if the Board required a ~ecial use permit in the M-1 zone it would require advertising a different use permit other than that being advertised presently. (4) SP-230. Wharton C. Herndon has petitioned the Board of Supervisors to locate a permanent mobile home on 187.~ acres zoned A-I Agricultural. Property is situated west of Route 712 at North Garden~ just east of Southern Railroad. Property is described as County Tax Map 99~ Parcel 36 (part thereof), Samuel Miller Magisterial District. Miss White stated that the applicant has recently purchased part of a larger tract of land. There are two frame dwellings on the large tract~ one is occupied and one is not liveable. The site for the mobile home is open field which drops off about 100 - I~0 f~sb from Route 712. The surrounding area is large tracts of farmland with scattered dwellings. The staff recommended approval be conditioned upon health .~epartment approval and a 100 foot setback~ if possible. It was indicated that the applicant might accept a temporary permit. Miss White stated that the Planning Commission recommended approval subject to health department approval of a septic tank system and a setback from 712 satisfactory to the staff with 100 feet as a guide line and the permit be temporary for a period not to exceed three years. Mr, Herndon was present. An adjo%ning property owner~ who did not identify himself~ asked why Mr. H~rndon needed a trailer when there were two houses on this site. When queried about this~ Mr. Herndon replied that these houses were nod worth repairing. Motion to approve as per Planning Commission recommendations was offered by 408 Mr. Carwile~ seconded by Mr. Henley and carried by the following recorded vote: AYES: Messrs. Carwile~ Fishery Henley~ Thacker~ Wheeler and Wood. NAYS: None. (~) SP-231. I. J. Breeden has petitioned the Board of Supervisors to place a convenience food store (Grocery store) on land containing 0.9 acres in the "Southwood Mobile Home Park"~ on which a building exists. Property is described as County Tax Map 9OA~ Parcel 1 (part thereof). Scottsvi!le Magisterial District. (Note: Mr. Carwile did not participate~ nor take any action on this petition). Miss White stated that the applicant proposes a convenience food store of the general store character to render service primarily to the residents of Southwood Mobile Home EstateS. An existing structure which was constructed prior to zoning for use as an office and community building will house the store. The building contains approximately 2~247 sq. ft. of this square footage~ ~9~ square feet is utilized as a laundromat. The staff is of the opinion~ ~and it is standard in the larger mobile~.~home parks~that limited convenience business facilities are necessary and proper. The staff found the proposal to be compatible and there is sufficient area for parking. Mr. Pliny Cropp was present to represent Mr. Breeden. Miss White stated that the Planning Commission recommended approval for a five-year permit: administratively renewable thereafter and conditioned on this being an accessory use to the mobile home park. No one from the public spoke. Motion to approve as recommended by the Planning Commission was offered by Mr. Wood~ seconded by Mr. Thacker and carried by the following recorded Vote: AYES: Messrs. Fisher~ Henley~ Thacker~ Wheeler and Wood. NAYS: None. ABSTAINING: Mr. Carwile. Mr. Wheeler stated that he had a matter for the Board to consider. At the December 29 meetingwhen CUP-151 for Albemarle Development Corporation was approved~ the Board had placed the condition that the owner had to secure from the State Water Control Board~ before construction~ a letter stating that there was sufficient sewage capacity to serve this area. The Board did not realize that such a letter cannot be obtained until such'time as the tri~party agreement and plans for the Rivanna Water and Sewer Authority have advanced. He stated that this places a restriction on this owner not placed on others and prohibits him from proceeding with construction and he recommended that the Board remove this condition from the permit. Mrs. Frances Martin suggested to the Board that ig it is not possible to get a formal letter from the State Water Control Board on this matter that the Board try to obtain figures on the sewage treatment plant to show that capacity exists. Mr. Wheeler said that the Board is well aware that the capacity, does not exist~ however~ as soon as plans for the upgrading of the plant are submitted~ he feels that the State Water Control Board will be in a ~sition to provide such a letter. Until that time~ plans cannot be made to move this development along and in his opinion the arbitrary condition placed on this one owner had not been placed on any other owner in Albemarle County. 1 -2%-73 409 Mrs. Martin asked if there would be effluent before there was capacity or if this is ~just a formal matter of allowing construction. Mr. Carwile offered motion to remove from this conditiO~ ~ermit (CwJP-I 51 ) y the restriction placed of obtaining approval from the State Water Control Board~ so that the granting of this conditional use permit would be such as if the Board-had not conditioned it in any way. Mr. Carwile stated that he agreed that the action the Board took as to this one developer was arbitrary and was action not taken with respect to any other developer or property owner in the County. He did not believe this Board will ever render decisions that are completely just to people~ especially in relation to property rightsy but did think that the Board can attempt to be as unarbi~tDary as possible and this Was one instance that by some quirk the Board had been very arbitrary. Motion was seconded by Mr. Thacker~ He stated that he agreed with previous statements that this Board had been arbitrary in this matter and he felt that before effluent goes through this line, there will be capacity. Mr. Fisher said that he felt that if capacity is not soon avaiiabley the Board will have to do this to everybody~ howevery at this time~ he agreed with the Board. Motion carried by the following recorded vote: A~ES: Messrs. Carwile~ Fishery Henleyy Thackery Wheeler and Wood. NAYS: None. The Chairman then called~for a public hearing on the following matter as advertised in the Daily l~rogress on January 11 and January 17, 1973: The Board of Supervisors of Albemarle County~ having received a recommended revised ordinance from the County Planning Commission will conduct a public hearing on said proposed revised subdivision ordinance to be known as the Albemarle County Land Subdivision and Development Ordinance. The subject ordinance will replace the existing "Land Subdivision and Development Ordinance" adopted in 19~8 and as amended thereafter with the objectives of the adopted Comprehensive Plan and with modern day land use practices. The purpose ofthis ordinance is to establish subdivision control standards and procedures for the County of Albemarle~ Virginia and such of its environs as may be under the jurisdiction of the governing body. This ordinance is to guide and facilitate the orderly~ beneficial growth of the community of assuring the orderly subdivision of 'land and its developmenty and to promote the public healthy safety~ conveniencey comforty prosperity and general welfare. The Ordinance i~ known and may be cited as "Land Subdivision and Development Ordinance of Albemarle County". Miss White stated that at the December 18y 1972 meeting of the Planning Commission they had rec~ request No No )mmended approval of this draft and the staff now had two minor changes to 1 - On Page 10 - Paragraph B - Change to read: Subdivisions of lots averaging less than one acre in size shall be served by a central water or sewer system. 2 - On Page 11 - Paragraph (2) - Add to last sentence .... which shall be held until the improvement is accepted by the County of Albemarle or the Virginia Depar~,~ment of Highways. Mr Supervisors it did Iot. Carwile asked if this ordinance contained a provision whereby the Board of could regulate speed limits within subdivisions. Miss White stated that A lady questioned the change in Paragraph B~ Page 10. Miss White stated that this was changed to make this ordinance conform with the present zoning ordinance. Mr. ~neeler recommended that the Board continue to study this proposed revised ordinance and to set a publ±c work session with the staff prior to officially taking any action and to have this ~-~eady~ for the fourth Wednesday in February~ if possible. Mr. Thacker offered motion to this effect and motion was seconded by Mr. Fisher. Mr. Pickford stated that on the first page~ third paragraph, should be changed to read ..... as amended and reenacted.~ and also asked the Board to consider the statutory requirement that subdivision regulations in order to be effective within three miles around Charlottesville must go to the City for their review and if they do not respond within 4~'days it is automatically approved. If they refuse to accept ~my change~ it is a matter of what Judge Berry ~hinks is applicable. Motion to continue this matter was passed by the following recorded vote: AYES: Messrs. Carwile, Fisher~ Henley, Thacker, Wheeler and Wood. NAYS: None. Mr. Pickford stated that he needed authorization from this Board to settle the condemnation case of the County of Albemarle vs...*e?-~for acquisition of 33 acres on Totier Creek for $16~000 which is in line with what the County appraiser recommended. Motion to approve this sett!ement was offered by Mr. Wood~ seconded by Mr. Henley and carried by the followi~, recorded vote: AYES: Messrs. Carwile, Fisher~ Henley~ Thacker, Wheeler and Wood. NAYS: None. Claims against the County amounting to $1~26~180.~7 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 Cafeterias Capital Outlay Virginia Public Assistance Dog Tax Fund McIntire Trust Fund Textbook Rental Fund Local Sales Tax Commonwealth of Virgi~a:Cur~ent Credit Account Total Upon proper motion, the meeting was adjourned. $ 1,361.06 159,144.33 822,329.90 38,700.9~ 98,6~1.96 92~918.~9 1~097.72 2,9~1.97 ~,944.14 164.02 202,91 5'- 93 $1, ~26 ~ 180. ~7 '3 ~ -irman