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1987-08-05August 5, 1987 (Regular Meeting) (Page 1) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on August 5, 1987, at 7:30 P.M., in the Auditorium, County Office Building, 401McIntire Road, Charlottesville, Virginia. BOARD MEMBERS PRESENT: Mr. F. R. Bowie, Mrs. Patricia H. Cooke, Messrs. Gerald E. Fisher, J. T. Henley, Jr., C. Timothy Lindstrom and Peter T. Way. BOARD MEMBERS ABSENT: None. OFFICERS PRESENT: Mr. Robert W. Tucker, Jr., Deputy County Executive; Mr. George R. St. John, County Attorney; and Mr. Ronald Keeler, Chief of Planning. Agenda Item No. 1. Call to Order. The meeting was called to order at 7:33 P.M. by the Chairman, Mr. Fisher. Agenda Item No. 2. Pledge of Allegiance. Agenda Item No. 3. Moment of Silence. Agenda Item No. 4. Consent Agenda. Motion was offered by Mrs. Cooke and seconded by Mr. Way, to accept the items on the Consent Agenda as information. Roll was called and the motion carried by the following vote: AYES: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom, and Way. NAYS: None. Item No. 4.1. Letter dated July 15, 1987, from Senator Paul Trible, stating that resolutions authorizing the Corps of Engineers to study flood control and navigation projects for the James River passed the Committee on Environment and Public Works, received as foIlows: "July 15, 1987 Mr. Guy B. Agnor Albemarle County Administrator 401Mclntire Road Charlottesville, Virginia 22901 Dear Guy: I am pleased to inform you that two resolutions I sponsored authoriz- ing the Corps of Engineers to study flood control and navigation projects for the James River have passed the Committee on Environment and Public Works. As you know, in the last 18 years, the James River Basin has been ravaged by flooding on three occasions. Although a floodwall is under construction at Scottsville, and studies are underway for a Richmond floodwall, the potential for damage remains and a comprehen- sive regional solution is needed. The study by the Corps will be a significant step toward the preven- tion of future flood problems. The major localities along this river system include Richmond, Scottsville, Lynchburg, Glasgow, Buena Vista, Lexington, Eagle Rock, Clifton Forge, Buchanan, and Covington. The Corps will also study potential navigational improvements for the James River from Hampton Roads to Richmond. At present, the James cannot accommodate the vessel traffic the area demands. I will continue to monitor the efforts to improve flood control and navigation on the James. Please call om me if you have any questions or concerns regarding the Corps' activities. I look forward to hearing from you if I can be of any assistance. Sincerely, (Signed) Paul Trible" August 5, 1987 (Regular Meeting) (Page 2) Item No. 4.2. Letter dated July 22, 1987 from Sarah McConnell, News Director for WINA-WQMC, re: Special Citizens' Forum to discuss the Route 29 North corridor, proposed bypasses and related traffic issues, received as information. Item No. 4.3. Letter dated July 21, 1987, from HighWay Commissioner, Mr. Ray D. Pethtel, stating that the Commonwealth Transportation Board passed a resolution designating Routes 601, 676 and 614 in Albemarle County as a Virginia Byway, received as follows: "July 21, 1987 Designation of Routes 601, 676 and 614 in Albemarle County As A Virginia Byway Mr. Gerald E. Fisher, Chairman Albemarle County Board of Supervisors 401McIntire Road Charlottesville, Virginia 22901-4596 Dear Mr. Fisher: This is to advise you that on July 16, 1987, the Commonwealth Trans- portation Board passed a Resolution designating Routes 601, 676, and 614 in Albemarle County as a Virginia Byway. Sincerely, (Signed) Ray D. Pethtel, Commissioner" Item No. 4.4. Planning Commission minutes for July 21, 1987, received as information. Item No. 4.5. Arbor Crest Apartments Monthly Bond Report for the Month of June, 1987, received as information. Item No. 4.6. Memorandum from Mr. Guy B. Agnor, Jr., County Executive, dated July 30, 1987, re: 911 Center's Management Board recommendation to establish an "enhanced telephone system" known as an automatic telephone locator system, received as follows: "The attached memorandum from the Manager of the 911 Dispatch Center addressed to my office describe recommendations from the Center's Management Board to the Board of Supervisors and City Council to establish an Enhanced 911 Service, which is an automated telephone locator system to provide information about the location of any telephone being used to call 911. You may have read of City Coun- cil's action last week to set a public hearing in early August on this matter. Since such a system has additional items to be considered in the County, which are not issues in the City, that relate to the method, time, and costs associated with locating telephones Wtilizing the County's building locator grid system, the County staff is preparing a supplementary report to the attached memorandums, which will explain the County's responsibilities in considering ~this automated system. As soon as this supplementary report is completed, the 911 Board's recommendations will be placed on your agenda for your consideration. In the interim, the attached memorandums are forwarded for your information." Mr. Lindstrom asked when the Board is scheduled to d~scuss this item. Mr. Tucker said it will probably be at the September 9 meeting. August 5, 1987 (Regular Meeting) (Page 3) Item No. 4.7. Second Quarterly Building Report for 1987 as prepared by the Department of Planning and Community DeVelopment, received and on file. Agenda Item No. 5. ZTA-87-4. Health Resort. Blanka S. Rosenstiel petitions the Board of Supervisors to amend 10.0, RA, Rural Areas zone to include HEALTH RESORT by special use permit and to amend 3.0 Definitions to include health resort. (Advertised in the Daily Progress on July 21 and July 28, 1987.) Mr. Keeler gave the Staff Report: "Petition: Blanka S. Rosentiel petitions the Board of Supervisors to amend 10.0 RA, Rural Areas zone to include HEALTH RESORT/FARM by special use permit and to amend 3.0 Definitions to include health resort. Definition: The applicant initially proposed the following language to define health resort/farm: Exhibit A Definition: Health Resort/Farm A tract or parcel of land containing a minimum of 100 acres, with improvements, on which is operated a facility or faci- lities in which guests in residence will be offered super- vised exercise, medical, wellness and recreational activi- ties, which may include one or more of equipped gymnasiums, swimming pools, tennis courts, jogging and riding and hiking trails or paths, and other like activities, together with classes and professionally supervised educational activities and planned on-site meals, designed and intended to improve or maintain the physical fitness and health of paying guests. Such facility may include.~guest rooms and adjacent dining facilities for its guests, but shall not be used for normal transient guests not participating in such exercise, educational or recreational programs and classes. Staff met with the applicant to discuss changes to the proposed definition. Basically, regulatory language and description of detailed improvements would be removed from the definition and included in new supplementary regulation in Section 5.0. Attempt is also made to distinguish health resort from other uses. 3.0 DEFINITIONS HEALTH RESORT: One or more parcels of land on which may be located one or more buildings or structures and other improvements where guests in residence are offered supervised exercise, medical, well- ness, and recreational activities together with classes and profes- sionally supervised educational activities designed and intended to improve or maintain the physical fitness and health of paying guests; but expressly excluding hospitals, nursing homes, drug and/or alcohol rehabilitation centers and other intensive health care facilities. 5.0 SUPPLEMENTARY REGULATIONS 5.1.30 HEALTH RESORT This provision is intended to accommodate guests in residency while such guests are participating in exercise, educational or recreational programs and classes but shall not be deemed to permit the lodging of guests or transients not participating in such programs or classes; Health Resort may include varied types of dwelling units for guests together with related uses such as but not limited to: medical clinics; recreational facilities, administrative and August 5, 1987 (Regular Meeting) (Page 4) Ce professional offices; retail shops and service businesses; and restaurants, cafeteria; and other food services, Such uses may be permitted as expressly approved in special use permit review and shall be designed and operated for the convenience of guests and employees of the resort. As to recreational facilities, such uses and improvements as equipped gymnasiums, swimming pools, tennis courts, hiking and/or jogging trails, bicycle and/or horse riding trails, and like activities and improvements normally associated with physical fitness activities may be permitted consistent with appropriate provisions of 5.0 SUPPLE- MENTARY REGULATIONS and other provisions of this ordinance; but expressly prohibited shall be: uses and activities involving motorized vehicles except to the extent as necessary for mainte- nance and normal operation of the facility; and uses and activi- ties involving discharge of firearms. Other uses and accessory uses may be established in accordance with the regulations of the applicable zoning district; Minimum area required for the establishment of a health resort shall be one hundred (100) acres; Medical services shall not include surgical care or treatment of disease or injury; provided that emergency first-aid care and diagnostic services may be permitted; In addition to criteria of 31.2.4.1, any health resort proposed on property located within the RA, Rural Areas district shall be reviewed in accordance with 10.5.2. Staff Comments: Definition: A resort is an area or place frequented bY people for relaxation and recreation. While resorts may seek either rural or urban location (dependent on character and intent), resorts generally include a broad range of activities and amenities for indulgence of patrons. Resorts are clearly commercial uses generally relying on nonlocal or vacation patronage. Health resort as described by the applicant includes a regimen ofexercise and other activities, diet, and instructional programs. Attempt has been made to narrowly define health resort to avoid the term being construed as including a broad range of similar uses. Specifically, intensive health care facilities are expressly excluded. However, it may prove difficult to justify permitting~.health resort in a zoning district and not permitting similar uses such as recuper- ative/rehabilitative centers, executive retreats, and~rest homes; or uses component to health resort (i.e. - health spa). RA, Rural Areas District: Health resort is a use normally antici- pated in a rural setting. Similar, related or component uses currently permitted in the RA zone are: swim, golf, tennis or similar athletic facilities; motels and inn; and restaurants (limited circumstances). Most uses in the RA zone are agricultural/agriculturally-related and residential with limited support uses. Effort was made in developing the RA zone to encourage agriculture/forestry and to discourage uses not viewed as compatible to agriculture/forestry. Uses permitted in the prior A-1 zone not found in the RA zone include: ~professional offices; country clubs; hospitals; executive offices (~100 acre minimum; maximum 15 employees); radio/television stations~ and homes for adults. In a November 1986 Comprehensive Plan work session report, staff stated that 'effort was made to increase the number of agricultural uses permitted by right under the 1980 Zoning Ordinance. However, in view of existing subdivision development and environ- mental concerns, only limited changes were made. Some uses (currently) included in the RA zone bear little or no relationship~to the state- ment of intent and need not be permitted (based on other zoning provisions) in the RA zone. These are basically uses permitted by , special use permit, such as motels, restaurants, and public garages. August 5, 1987 (Regular Meeting) (Page 5) The statement of intent of the RA zone speaks primarily of the rela- tionship of agricultural and residential development. Agriculture is to be encouraged while only limited residential development is to be permitted. Commercial uses are not discussed. Staff opinion is that health resort bears no relation to the continuation/promotion of agriculture/forestry. Since patronage would be primarily nonlocal, health resort is not viewed as a support use to existing rural development. Summary and Recommendation In recent Comprehensive Plan work sessions, the Planning Commission reaffirmed a growth management policy f~r the Rural Areas intended to: Deliver public services in an orderly fashion and in the most cost-efficient manner; Conserve the County's natural, scenic and historic resources; Protect existing and future water mupply impoundment watersheds and groundwater resources; and Preserve the County's prime and important farmlands and forestal areas. Such policy may be difficult to sustain if uses are permitted in the RA zone that bear little or no relationship to the policy. In view of this policy and due to extensive acreage requirements, traffic generation, and other considerations, staff has recommended that health resort be reviewed under the RA subdivision special permit criteria in addition to the requirements of 31.2.4.1. In summary, staff opinion is that health resort is a use normally anticipated in a rural setting but health resort appears foreign to the statement of intent of the RA zone. Therefore, staff views the proposed amendment as a policy decision by the Planning Commission and Board of Supervisors as to the future character of the Rural Areas. Addendum - ZTA-87-04, Health Resort The staff report has focused on the relationship of health resort to the RA, Rural Areas zone. It can be anticipated that uses such as health resorts will from time to time continue to be proposed in the County. If health resort is not permitted in the Rural Areas zone and if health resort is to be permitted elsewhere in the County, then it would be restricted to designated villages, communities, and/or the urban area. Unless a new zoning district were created, health resort would be permitted in one or more residential, commercial or industrial zones. Acreage requirements and compatibility issues, in staff opinion, discount location in commercial or industrial zones. Of the residen- tial zones available, VR, R-l, and R-2 appear appropriate in terms of density, setting, and land cost considerations. Given the scale of a health resort, it would occupy a substantial portion of a Comprehen- sive Plan village. The R-1 and R-2 zones exclude all but single- family detached dwelling units 'and are the most limiting residential districts (in terms of permitted uses). ?Therefore, it may be diffi- cult to permit health resort in these zones and prohibit other uses such as duplexes. The Planning Commission is currently considering expansion of the urban area in its Comprehensive Plan review to accommodate additional low-density residential development. Conversion of residential land to other uses would be contrary to this ~ffort and could result in additional needs for growth area expansion. August 5, 1987 (Hegular Meeting) (Page 6) As stated in the staff report, in addition to health resort, there are other uses which generally require large acreages and usually prefer rural/low density locations. These include: executive offices/retreat; country club; special schools/training centers like the Federal Executive Institute and certain recuperative/rehabilita- tive uses which may involve extensive outdoor activities. As an alternative to special use permits, the Planning Commission may wish to consider a special zoning district for health resorts and other types of uses. Mr. Keeler said the Planning Commission, at its meeting on May 19, 1987, unanimously recommended denial of this amendment. During Mr. Keeler's presentation, Mr. Fisher asked him to explain criteria 31.2.4.1 and criteria 10,5.2. Mr. Keeler replied that 31.2.4.1. is general criteria before review for issuance of a special use permit. He that 10.5.2 are special criteria applicable to subdivisions in rural areas, which he explained in detail. Mr. Keeler also explained that Health Resort is not viewed as a support use to existing rural development whereas a day care center is permitted which is supportive of the rural population by providing a service. Mr. Keeler said that Mrs. Diehl, of the Planning Commission, corrected the report saying that what is listed as #4 under Summary and Recommendation is actually the primary intent of the RA district. After the presentation, Mr. Keeler directed the Board's attention to a supplemental packet which indicates by highlighting suggested changes to the supplementary regulations portion of the staff report. Mr. Fisher asked Mr. Keeler who suggested the changes. Mr. Keeler replied that the first page was a suggestion made by Mr. Fred Payne, Deputy County Attorney, dealing with the total amount of development of the property; the next page was suggested by Mr. George Gilliam, representing Mr. Bass; the next two pages submitted by Mr Fred Landess, representing the applicant, deal with total~impervious coverage, location of primary roads, and prohibition of permitting a health resort in a reservoir watershed; the last two pages are a letter from~Mr. Paul Sweet, Architect and Engineer, whose suggestions deal with density and buffering noise level and lighting. At this point, the public hearing was opened with Mr~ Fisher instructing those who wished to speak to line up behind the person speaking in the inter- ests of time. Mr. Fred Landess speaking on behalf of the applicant, introduced several people who would speak later. Indicating a visual aide, Mr. Landess pointed out items which are allowed through the issuance of a spedial use permit within the Rural Areas District. He said a health resort~can be included on this list under a special use permit without amending the?zoning ordinance as it stands, but that the applicant felt the uses listed are too broad; the uses would not give good protection to the area in the event that after getting a permit the health resort was no longer able to operate; the uses would not give the County control. Mr. Landess explained that a very tight definition of a health resort will alleviate the problem where if a health resort was no longer able to operate, someone else would only have the choice of either operating a similar health resort or using the land for agricultural purposes. He said the applicant would prefer a definition so narrow as to allow only one applicant and one area that would qualify under the definition, but the County staff did not feel this was appropriate. Mr. Lawson Drinkard, a partner with ¥ickery, Moje, Drinkard and Oakland Architects, in Charlottesville, stated the developer retainedVMDO to work on the project. He said Mr. Zuckerman gave the firm one simple criteria for the architecture of the health resort. The criteria is: when completed, the health farm is to look like an example of a Virginia farm, with the building forms taking the shape of barns, silos, farm buildings, and outbuildings. With visual aides, Mr. Drinkard briefly explained the procedures necessary for approval of any proposed project in the County, noting that the County must have a text amendment in the zoning ordinance which says a health resort can be developed in an area before any issues concerning the project can be addressed. Mr. Drinkard explained that the developer is faced with spending a great deal of money to look at all the issues, but it would not be wise to August 5, 1987 (Regular Meeting) (Page 7) spend money or time if there is nothing in the zoning ordinance that allows a health resort. Mr. Kurt Gloeckner said he was asked by the applicant to help define a health resort and show how the facility will impact on the County. He said the Piedmont Environmental Council asked him questions about water, sewer, and traffic, but since no site specific was determined, he cannot give specifics. However, he can explain existing sites in relation to understanding the same relative impact. Mr. Gloeckner pointed out Various areas on an Albemarle County map that are restricted for development by various zoning requirements. He said with all the restrictions on development, only about ten percent of the County is available to the type of development sought. Mr. Gloeckner listed the various uses and consumption of water in rural areas versus the uses and consumption of water at a health resort. Mr. Gloeckner said it might be cheaper to use a water treatment plant, bHt his firm can guarantee that the waste production from a health resort is less than from a farm. He said he had been in contact with Virginia Tech (VPI-SU), and he also had environmental experts advise him what the loadings are on a pasture that is not grazed or used for livestock of any kind, saying that an unused pasture gives off more nitrogen, sediment, and biological oxygen demand than a health resort; that with tertiary treatment, a waste treatment plant can get waste to one-quarter of what a natural pasture is; with livestock.and solid waste, the factor becomes 40 times worse from farms than from a health resort. Mr. Gloeckner said he had done his own traffic analyses when working as an engineer in the Highway Research Department, and he now estimates approximately 600 vehicles trips per day for the health resort, noting that the facility in Tucson, Arizona, generates only 356 vehicle trips per day; the health resort would generate the same amount of traffic as compa=ed to stables in Albemarle County such as Barracks Stud and/or Darby's Folly. ~Mr. Gloeckner said the traffic impact from the health resort would be less actually because of lighter weight vehicles. Mr. Fred Landess, who has lived in Albemarle County almost 30 years, commented that the one constant he has seen ~Uring this time has been a steady growth and expansion. He said the real questions are what kind of growth does the County wants to encourage, and how can quality of life best be kept while maintaining a solid tax base and providing employment for people who would like to stay in this area. He said a health ~esort as defined by the devel- oper will help accomplish these goals; a hea~th resort makes no demand for additional schools, police, or other governmental services; a health resort does not pollute; in fact, a health resort has less effect on the environment than normal farming operations. He said, however, a health resort will create traffic, but no more than those uses now permitted. Mr. Landess said the developer believes a health resort is compatible with the rural areas, and a special use permit is the proper procedure to use to develop a health resort because the facility will provide a low density and non-intensive use of the land. The health resort will not create visual objections, contrary to state- ments by opponents. Summarizing, he said a h~alth resort will help maintain and preserve the type of life that residents of Albemarle County now have and want to keep, noting the developer is willingto pay the extra costs necessary to do business in Albemarle County and to comply with all the regulations, but not willing to incur those costs and then be advised that the business is not wanted. He said this is why the developer wants to work with the County to define tightly what a health resort is. Mr. Fisher asked if the applicant's presentation is now finished. Mr. Landess replied affirmatively, but asked thatlthey be allowed to respond if there are specific questions in regard to theiapplicant. Mr. David van Roijen, of Crest Orchard, said that based on the informa- available to date he does not believe the Board should support the concept of health resorts in the rural areas for a number of reasons, but three in particular. First is the concept of health farms, saying that perhaps the reason it is not already incorporated in the zoning text of the Comprehensive Plan is that a health farm is not actually what it seems. Mr. van Roijen said he read Canyon Ranch's promotional literature carefully and was struck by the parallels between what Canydn Ranch calls life-share and what he would call time-share memberships, as-sold at Massanutten and other resorts. He said if these are time-share memberships they should be called such and not given preferential treatment because of the fancy name of health August 5, 1987 (Regular Meeting) (Page 8) farm. Secondly, as an archaeologist, Mr. van Roijen is aware of the effort being expended by the Virginia Historical Landmark Commission to help the County identify areas where development would be likely to have significant impact on historic and prehistoric sites. He mentioned a study completed several years before which was made availmble to the Planning Commission indicating areas highly sensitive to development impact, such as the North Garden/Red Hill area. Mr. van Roijen also mentioned a current study in an area west of the proposed site completed by a member of the Virginia Research Council for Archaeology, which further emphasizes the extreme significance of archaeological sites in the area. Mr. van Roijen said if'historical preserva- tion is a concern of the County, the County should not allow large development projects like the health resort without fully exploring what might be lost. The third reason Mr. van Roijen is concerned about the health resort is the problem of sewage disposal. Mr. van Roijen said he spoke with the State Health Department and the State Water Control Board, and he was assured that based on the size of the project, the health resort would'~need a sewage treatment plant. He said you do not get tertiary treatment in a septic field. For 30 years his family has been farming in Fauquier County and an upstream sewage treatment plant has dumped effluent into a stream that flows through the farm. His family has endured the death of cattle, calves, sheep and all aquatic life in the stream, in addition to watching raw sewage and foam from the treatment plant flow downstream. Mr. van Roijen said~the previous year, the cattle on the family farm had to be moved to feed lots because of an accidental chemical leak from the treatment plant. He said after speaking with the State Water Control Board that monitors the plan~, they were told problems could be attributed to mismanagement, over use of capacity, and mechanical malfunction. Mr. van Roijen said this is typical of treatment plants. Mr. van Roijen commented that the Board should be warned about the effects the proposed project will have if it is allowed in the rural areas. He said that if the Board votes for the zoning change requested, they will also be voting for the stimulation of further developmentiaround the project. He encouraged the Board to vote against the proposed change. Ms. Lois Rochester, President of the League of WomenlVoters in Charlottesville, spoke in opposition to the zoning text amendment, urging the Board not to add health resorts to the uses permitted in the rural areas district. Ms. Rochester quoted the intent of the zoning ordinance. Ms. Rochester said in the League's opinion, health resorts are intensive water users because of swimming pools, saunas, and showers. She commented that groundwater in the County is a very unreliable and limited resource, and many factories developments have experienced water shortages after development was completed. Ms. Rochester also said that disposal of wastes is another major obstacle in locating a health resort in a rural area. She noted the County's experience with packaged sewage disposal plants has been unsatisfactory. Ms. Rochester concluded by saying the League feels the proposed addition of resort to the rural areas district is completely opposite!to the statement of intent for the rural areas district. She said to permit added uses in the rural areas would set a precedent that could lead to further loss of the goals and preservation of the County's farm and forestal areas. (Note: A copy of the complete text is on file in the Clerk's office.) .i Ms. Shalom Bogardsky, spoke saying she is familiar with Canyon Ranch in Tucson, Arizona. She said she knows several of the employees at that facility and people who live near the ranch, saying these people have nothing but good things to say about Canyon Ranch. Ms. Bogardsky said she feels Canyon Ranch has a good reputation and that it would be an asset to the Albemarle commu- nity; it is a credit to the community to allow a place that would bring the opportunity for better health to the p~ople of the community. Mr. Lewis Johnson, a resident in the Samuel Miller District, Red Hill area, spoke to the Board about population density. He said that about 28,000 of the 60,000 people in Albemarle County are concentrated in about 19 square miles, giving a population density of about two and one-half people per acre, or about 500 people for 200 acres in the urban area; 32,00.0 people are distri- buted over 720 squaremiles, giving a density of less than one-tenth of a person per acre or 14 people for 200 acres; making the population density for the urban area about 33 times that for the rural area. Mr. Johnson said that the 500 people for 200 acres for the proposed health resort would be the same population density as in the urban area. He asked if picking up 200 acres of urban population and putting it in the middle of the choicest rural area in August 5, 1987 (Regular Meeting) (Page 9) the County is in accord with anyone's growth plan. He said that as population density goes up individual freedom declines, and individual freedom is the reason many people have held onto rural property through tough times; that what attracted Mr. Zuckerman to Albemarle County is the rural atmosphere, and that will be destroyed wherever the health farm is allowed to locate. Ms. Carol Townsend presented the Chairman with a petition in support of the zoning text amendment, reading the paragraph on the petition, which said the 769 people who signed the petition fully support the proposed amendment because it will be an asset and an aesthetically pleasing enterprise. (Note: The petition is on file in the Clerk's office.) Ms. Jane Ehrlich, former resident of New York, spoke in opposition to the proposed zoning text amendment. She spoke of the beauty of the County, the unspoiled natural beauty minutes from the City, the breathing room and space. She said people come to Charlottesville to live because it is not like a big city. Ms. Ehrlich said if the zoning text amendment is approved its effects would be irreversible; people in other developed areas are fighting against the social and environmental ills created as a result of unnecessary change. She said the County should use the lessons of other towns and cities to the benefit of the County, citing the deterioration in the quality of life in Princeton, New Jersey, because of approval of one permit that resulted in dramatic changes. As a real estate person she is not categorically opposed to development, but she strongly believes it is more important to consider the long-term, long-range effects of the zoning and planning issue. Dr. Warren Brown is a resident and practitioner in the Albemarle County area for 32 years. Dr. Brown said he owns p~operty in the vicinity of Routes 708, 710, and 696. He is strongly in favor Of the County granting a special use permit to allow the development of the health resort. Dr. Brown stated his reasons are that the health resort will he a clean development, will not use up natural resources, will not pollute the atmosphere, will not substan- tially change the terrain, but will enhance the farm atmosphere. He said as a traveler on the routes in the area which wil~ serve as access to the proposed property, it is difficult to see the area where the proposed development will be located. Dr. Brown said economic advantages should also be considered, that the area needs jobs, the development will bring in outside money and will not burden public schools, the public sewage !system, or the public water supply, and the County will not have to build roads. Dr. Brown said the developer is only asking for a variance of existing rules, that this will have nothing to do with what others may or may not do in the County. He said we live in a world that is undergoing constant change; nothing has been devised to stop change; that without orderly and positive growth and change in the County, the County will regress. Dr. Brown urged the Board to consider favorable action on the request. Ms. Ann Farris, lives on Route 710, addressed the Board concerning the roads and the traffic situation. She asked if a facility of the health resort type is built near a County road, would the road be able to withstand the Increased traffic flow during construction, or the commuters going to the facility, or the guests using the facility. She asked if the County road that would be used would need to be improved, how soon would it take place, and where the construction and expense fit into the County's Six-Year Highway Plan. Ms. Farris said she spoke with Mr. Jeff Echols at the Highway Depart- ment, and was told that roads in the County are classified as tolerable or non-tolerable. She said that many County roads are considered borderline tolerable; a 1986 traffic survey of Route 708~ from Route 29 to Route 1010 at Taylor's Gap, showed a vehicle usage of 254 vehicle trips per day. Ms. Farris added that the route was labeled borderline tolerable; that having the health resort in this area would entail extensive road improvements and there is no money in the current Six-Year Plan for improving Route 708 or other borderline tolerable roads. Ms. Farris said as a mother and a teacher she is very concerned about safety of school buses as well as the children who wait for them at the side of the road. Ms. Farris said she personally believes a health resort is not in the best interests of the community, and she asked the Board to consider these points before a decision is made. Ms. Farris then read a poem she wrote to indicate her opposition to the zoning text amendment. Ms. Susan Cabell, Chairman of the Economic Development Division of the Charlottesville/Albemarle Chamber of Commerce, read a resolution affirmed by August 5, 1987 (Regular Meeting) (Page 10) the Board of Directors on May 28, 1987, in which the Chamber of Commerce resolved that a way be found to include health resorts inthe list of activi- ties and projects allowed in rural areas. (Note: A copyof the complete text is on file in the Clerk's office.) Ms. Peggy Carson, lives on Route 708 in North Garden, and says she has her house up for sale. It is not selling mostly because of this Board and the zoning laws. She thinks the community would be lucky to have this resort near North Garden, and she is in favor of the health resort. Mr. Rick ?reve, a farmer in the Batesville area, Samuel Miller District, since 1946, spoke in opposition to the proposed zoning amendment mainly because he believes it is in contradiction to the Comprehensive Plan. He said he is not opposed to growth, but is opposed to changing the zoning laws because a precedent will be set and the County will be breaking faith with the Plan. Mr. Norman Sutter, lives in North Garden on Houte 71~, spoke in opposi- tion to the proposed zoning amendment. He said he has be~n a resident of the County for only three months. He was brought to the area through the efforts of a real estate agent who said he would like the quality of life south of Charlottesville. The area is zoned Rural Areas and he relied on the County's Comprehensive Plan in purchasing the property. Only three months later, that is about to change. He noted problems in New York State from which he moved, and requested the Board to deny the request because it will open the door to more development in the area. Mr. Kenneth Ackerman, Executive Director of the Monticello Area Community Action Agency, read a resolution passed by the Board of Directors of MACAA, on July 28, 1987, endorsing the Canyon Ranch project. Before reading the resolu- tion, Mr. Ackerman said the Agency represents people who are not usually represented and whose choices are often the most limited in the community. These people include the unemployed and the under-employed, and the resolution addresses their needs~ The resolution is summarized as follows: The MACAA is the regional anti-poverty agency dedicated to serve the Cityof Charlottes- ville, Albemarle County and surrounding counties. To achieve its poverty reduction and self-sufficiency goal, MACAA conducts employment training and placement programs. Increased employment opportunity from economic develop- ment holds the key for many of the dependent poor to become self-sufficient, If located in Albemarle County the Canyon Ranch Project w~ll provide a signif- icant number of job opportunities with added benefits and~support services for employees and additional tax revenues for the County. The resolution also requests the Board to grant the necessary zoning text amendment for the establishment of the venture. Mr. Mort Sutherland, who has lived in North Garden fOr 75 years and is a former member of the Board of Supervisors, spoke in opposition to the zoning text amendment in order to preserve the County's farmland~ He noted that the beauty of the County is in its open land. He asked the Bqard to deny the zoning change. Ms. Norma Bartle, a resident of North Garden, summarized her experience as a member of a board of supervisors in upper New York. .She has inspected the property in question and she has no problem at all with the health farm that is proposed for the site. She feels there is a need~for jobs for the unemployed and underemployed and competition is necessary to raise the level of salaries in the area, so the tax burden can be shared by all in a more equitable way. Ms. Bartle urged the Board not to close the door on the future. Mr. Charles Lebo, resident of Albemarle County, spoke to urge the Board to vote favorably on the proposed zoning text amendment. He said the specifics of the plan can be worked out later, but nothing can be done unless this zoning text amendment is passed. Mr. John Redick, President of Citizens for Albemarle, an organization concerned with protecting the environment of Albemarle County, paraphrased from a letter the organization sent to the Board recently, as follows: at their meeting on July 23, 1987, the Board of Directors voted unanimously to oppose ZTA-87-04; the Board is not against growth in an appropriate location, August 5, 1987 (Regular Meeting) (Page 11) but is concerned about the proposed location in the rural area zone and the setting of a precedent which would alter the Comprehensive Plan and make it easier to adopt future modifications that would seriously weaken the Plan; once the usage is changed the land will never return to a rural area zone; the Board of Directors believes this type of zon~ must be protected; this type of health resort should be located in an area where roads and public water and sewer are available or will be in the future. Mr. Redick said, personally, he feels Route 708 is inappropriate for the type of traffic that will be gener- ated by the proposed health resort. Mr. Hedick urged the Board of Supervisors to support the Comprehensive Plan and to deny the zoning text amendment, to preserve the nature of the area. Ms. Pollie Whitetiel, addressed the Board saying North Garden and Red Hill have always been a small family community. She feels that if the Board opens the door to a health resort, the co~unity will lose that feeling because development begets more development. Mr. Bob Dennis, President of the Piedmont Environmental Council, spoke saying the Council sees the issue as what uses are consistent with the rural area; whether the rural zone is a leftover from planned development or a holding zone. He said the Council is working with the County during revision of its Comprehensive Plan, and the Council thinks it might be better to revise the Plan and then consider what zoning ordinance amendments are needed to implement the revisions. Mr. Dennis stated the proposed amendment and the related language contains too much specific detail; it seems to justify a very specific proposal; if the zoning ordinance i~ to be amended it should be a broader definition. Another issue that concerns the Council is the appro- priate scale of any facility in a rural area~working to preserve its rural atmosphere. Mr. Dennis gave the Board papers containing language from the Loudoun County Rural Management Plan, which was designed to deal with the question of scale. Mr. Dennis also submitted material prepared by CH2M Hill, an engineering firm, dealing with package sewage treatment plants. Mr. Dennis corr~nented that once a sewage treatment facility is built, it can become a growth time bomb. He cited a sewage treatmeht plant built in Culpeper to serve a country club. The country club and the sewage facility have been sold to a private developer, and the property has,become the nucleus of a new town in an area where Culpeper does not want one. Mr. Dave Bass, resident of Red Hill/North Garden, said he feels the real issue is the Comprehensive Plan. He feels special interests want a special ordinance that is in violation of the Plan. 'He said the rural areas cannot be maintained without the protection of the Comprehensive Plan; the benefits of the proposed amendment must be weighed against the impact on roads, sewage, and future health problems. Mr. Bass asked that when the Board votes, the Board consider this high density, large-scale, hotel/resort operation in a rural area. Mr. Bass quoted from an interview in Vogue given by Mr. Zuckerman, in which Mr. Zuckerman said a spa ,is everything from a health club, vacation resort, to a substance abuse center. He asked the Board to protect the special countryside, historic farms, and rural life all the residents of the area now enjoy. Ms. Marilyn Fantino, long-time resident ~of Albemarle County, a teacher, spoke saying she thinks a lot of people have~a misconception about the health resort concept. She said when she read the items listed in the Rural Areas District requiring special use permits, she came across a listing for Day Camp/Boarding Camp. Ms. Fantino said she believes a health resort is just a boarding camp for adults. She said she thinks the health resort will fit into the countryside. She asked the Board that when a vote is taken the Board not be conservative because sometimes conservative is negative. Ms. Fantino concluded by commenting on a poem by Robert Frost that says building walls keeps things in, but also keeps things out. Mr. Harold Pillar, has lived in southern Albemarle County near Scotts- ville for 15 years, spoke about the jobs that will be created, the environ- ment, traffic, rural life in genera], saying the health resort is just a commercial operation. He mentioned Westchester County, Bucks County, Cooke County, Pennsylvania, citing that these counties have deteriorated due to the development in them. Mr. Pillar said that if people want a health resort, they can go to Fairfax County, Loudoun County and any other county in northern Virginia. A health resort is not needed here; there is no benefit to this August 5, 1987 (Regular Meeting) (Page 12) kind of growth; with an increase in population taxes will rise. He urged the Board to vote against the amendment. Mr. Jim Duffy, of the Greenwood Citizens Council, stated the Council Board voted unanimously to urge the Board of Supervisors to oppose the amendment on the basis that it fails to adequately protect agricultural and forestry lands in the County. Mr. Harry Fair, is a resident of Albemarle County, aphysicist, lawyer and a farmer, and has the largest herd of cattle in the County. He said he loves the North Garden area. He said he cannot see the area about to be developed from any public road. He commented that Homestead and White Sulphur Springs are beautiful resorts; they accommodate thousands'of patrons every year; and they are all in rural areas. Mr. Bill McRae, a resident of Albemarle County, said a zoning ordinance is not intended to be solid, locked in stone, but meant to be a document that can grow with the County. He said there is language in the zoning ordinance that allows it to be amended. Mr. McRae cited the two criteria needed for amendment of a zoning ordinance: 1) must show that there will be no adverse effects from a new use any greater than from other permitted uses; 2) the new use must be of the same general character as those already permitted. Mr. McRae urged the Board not to be afraid to amend text intended to be amended to grow with the County. Mr. Bayne Henyon, who lives in the yellow farmhouse at the corner of Routes 708 and 29, thinks some growth is coming and is in favor of high quality controlled growth, does not want to see farms chopped up into miles of asphalt and rows of houses, but the Canyon Ranch project makes a lot of sense. Mr. Henyon is strongly in support of the health resort. Ms. Carol Townsend, speaking personally at this time, said even the Constitution of the United States can be amended when it does not fit the needs of the people or when it has to be amended. On the tax base issue, Ms. Townsend said if land goes out of the tax base, it must be picked up someplace in real estate taxes. Directing her next comment to the opposition, she asked where the alternatives are for the $30,000,000 investment and the $8,000,000 of taxable income the County will stand to lose if the zoning text amendment is not approved. Dr. Bob Fritz, in family practice in the County, teacher at the Univer- sity of Virginia, said the health resort is a positive and forward step~ it is a great opportunity to show leadership in the area of health matters. Dr. Fritz believes the concept of a health resort is great. Mr. Forrest Marshall, life-long resident of the County, is not opposed to anything good coming to the County. He said he is in favor of "Yankee" dollars coming to the County. He urged the Board to vote for the amendment. Mr. George Gilliam, an attorney representing some North Garden residents opposed to the Board's adoption of the proposed amendment, handed two papers to the Board. He said those people hope the Board will vote the ordinance down, but if it does not, he has changes to suggest in the proposed amendment. The first page suggests three additions to Section 5.1.30 concerning a two percent gross land area improvement restriction, a 1,000 foot buffer zone between adjacent property lines, a wastewater system serviced by a packaged treatment plant owned and operated by the Albemarle County Service Authority, with an expected life of 40 years, user-financed by a sinking fund or other appropriate mechanism. The second page is a list of 11 factors deemed appro- priate for the Board's consideration concerning impact of traffic generated on existing roads, height, mass and scale of proposed buildings, effect on views of neighbors, groundwater depletion, noise generation, intensity of lighting, whether the proposed development is in accord with the Comprehensive Plan, availability of public water and sewer services, availability of other sites in the County, economic impact, and financial stability of~ the applicant. Mr. Gilliam said he is not advocating the zoning text amendment; he said this is a "fall-back" position because he hopes the Board defeats the amendment. Mr. Bruce Hogue, a farmer in the County since 1938, said the County has been looking for clean businesses and this is one of them. He believes the August 5, 1987 (Regular Meeting) (Page 13) 102 health resort is the type of business the County should encourage; there needs to be something to make a broader tax base. Mr. Hogue said he hopes the Board will vote in favor of the amendment. An unidentified lady said she has lived in Albemarle County 34 years. She has not spoken to even one person who does not feel this would be a fantastic opportunity for the County. She thinks this is the greatest thing to happen in the County for a long time. With no one else coming forward to speak, the public hearing was closed. The meeting was recessed at 10:00 P.M., and reconvened at 10:14 P.M. Mr. Fisher said everyone has focused on a single application. He said the zoning text amendment affects all of the County; the petition that went to the Planning Con~nission affected over 90 percent of the land in the County. This zoning text amendment must consider the benefits and detriments to the whole County and not just one particular area. He has grave reservations about anything that encourages changes in agricultural/forestal land because of the limited amount of such land and the fast-growing population in the County. Mr. Fisher commented that developers look at a change like this with short-term motivation, and others are concerned about the long-range view; everyone is speaking to his own interests. Mr. Fisher said he thinks if an amendment is passed to permit health resorts ~to be approved anywhere in the County, by any applicant, it must be one that everyone can live with. He does not think the standards in the present ordinance are adequate for this purpose. Mr. Fisher commented that a letter to the Board, from Mr. Paul A. Sweet, speaks compellingly about population density and buffers, and about the impact of these on neighbors on adjacent property. He believes that any ordinance that is passed to allow this type df development should have some- thing in it which limits the density of the development in order to maintain the rural character of the area, and not affect neighbors; the ordinance should contain setback requirements to comply with those already in effect for other athletic facilities, should include hours of operation and noise stan- dards. Mr. Fisher said if the Board can agree to incorporate some of the measures stated, he believes this will create a basis for future consideration of Special Use Permits. He thinks this is t~e most rational approach that can be taken. ~ Mr. Way said he agrees with much of what Mr. Fisher is saying. Person- ally, Mr. Way feels the strong points and benefits to the County outweigh any adverse effects. He agrees that a health resort needs to be defined; the ordinance is flexible enough to allow this; this type of development will be beneficial to the County and the Board would ~Be wrong to say this type of facility will not be allowed in the County. He intends to support changing the ordinance to allow the health resort to be a part of the ordinance. Mr. Bowie said he spent some time going over the regulations, and found that everything that is proposed to be included in a health farm is already included under the Special Use Permit criteria for rural areas. He agrees with many of the conditions suggested for the. proposed health resort, and he intends to support the change in the proposed zoning text amendment. Mrs. Cooke, a life-long member of the community, said that if change had not taken place in the community, there would have been no economic growth and no opportunity for her to provide for her children and for her children to prosper in this community. She commented that each side made good points tonight that need to be thought about. The main thing the Board must consider · s controlled growth. Due to the fact that this use can be controlled and growth is needed, she intends to support the zoning text amendment. Mr. Henley said he has always voted the way he felt he should, and if he had to vote tonight, he would vote against the amendment. He said he is willing to wait and see. Mr. Lindstrom said he feels the same way~ and his position is not popular. There is agriculture and there are health resorts, and the two are distinguishable. He is not ready to accept that the way to preserve rural areas is by having health resorts instead of agricultural uses. Mr. Lindstrom accepts that there are intense consequences to agricultural use, but that is appropriate in an agricultural area. If the County has come to the point :LO3 August 5, 1987 (Regular Meeting) (Page 14) where the rural areas must be preserved by artificial uses, then more has to be done to the ordinance. The list of uses for Special Hermit provisions does not justify adding health resort to the list; this will then justify adding additional uses which will be contrary to the basic thrust and intent of the agricultural area. He is willing to wait and see what the Board comes up with~ however, having the type of facility he heard about tonight underlines the fact that having this kind of amendment is questionable. Mr. Fisher said in consideration of an amendment, he has in mind to contain the density of what is allowed by special permit ~to approximately which is allowed by right. His understanding is that by right a minimum 100 acre parcel could have nine lots with an average densityper lot of 2.8 people, or approximately 25 people per 100 acres. If the Board is to defer this item for further staff work, some guidelines must be set. Mr. Fisher proposed deferring the zoning text amendment for two weeks to allow staff time to revise the amendment in order to set a density standar~d reasonably consis- tent with what is allowed by right in the rural areas, to set standards for setbacks, and to set standards for environmental usage that would be consis- tent with other recreational areas; the limit for the gross land area coverage should be the same as the two percent that was in the original amendment sent to the Planning Commission. Mr. Fisher said the Planning~ Commission found the two percent too great, but he thinks to enlarge it any could create a substan- tial problem. Mr. Bowie said he does not agree with what Mr. Fisher said. To establish a $25,000,000 health farm for 200 people is ludicrous, and to add 11 condi- tions that cannot be met is deliberately setting out to destroy the amendment. He believes that for a health farm, five percent gross land area on 100 acres is not too much for a legitimate development in the center of 100 acres. Mr. Bowie said he would like staff to come up with some guidance; with the excep- tion of the setback, he has no problem with what was presented. A basic ordinance should have basic guidance; to limit density to:the population in the rural area does not make sense. Mrs. Cooke suggested that based on the preceding disgussion, the pros and cons of the issue of the zoning text amendment and statements made by members of the Board, the staff should take into consideration all that has been said and come back with some suggested language the Board can consider to develop what is necessary to deal with the issue. She said the Board needs a little more time to talk about the issue. Mr. Keeler asked for confirmation as to what was suggested: staff is to come back to the Board with language as to how a health r~sort can be accommo- dated in the rural areas anywhere. Mr. Lindstrom agreed with Mr. Bowie that if the zoning text amendment will be loaded down with language that will make the use impossible to do, and then the Board approves the amendment, the ordinance will be totally imprac- tical. If this is the intent, the Board members should say that now. Mr. Bowie added that if the amendment were before th~ Board tonight with no specific site designated, he doubts that any member of~the public would be at this meeting to speak; the amendment should be made so the use is accept- able anywhere in the County, including setbacks, size requirements, and percentage to be developed. The amendment should speak generally so the Board can regulate the use, but not kill it. Motion was offered by Mr. Bowie, seconded by Mrs. CoOke, to ask that staff present to the Board a revised amendment with suggested necessary controls to allow this venture anywhere in the County and that this be placed on the agenda for the first meeting in September. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom, and Way. NAYS: None. Agenda Item No. 6. SP-87-49. T. Mitchell and Emiley Willey. To allow existing (Clifton) tourist lodge to expand to an inn with restaurant. Property located on east side of Rt. 729, south of St. Z50 East. Tax Map 79, August 5, 1987 (Regular Meeting) (Page 15) 104 Parcel 23B. Rivanna District. and July 28, 1987.) ' (Advertised in the Daily Progress on July 21 Mr. Keeler gave the Staff Report: "Petition: T. Mitchell and Emiley Willey petition the Board of Supervisors to issue a special use permit for an INN (10.2.2.24) and RESTAURANT (10.2.2.26) on 7.85 acres zoned RA, Rural Areas. Property, described as Tax Map 79, Parcel 23B, is located on Route 729 across from Stone-Robinson Elementary School in the Rivanna Magisterial District. Introduction: The applicant presented information at the Planning Commission hearing which staff believed warranted a revised staff report. In addition to issues of access, highway orientation of the business and historic significance of Clifton, the applicant provided evidence of little change between the current operation and the proposal under this permit (please see Attachment A which is on file). Character of the Area: The main dwelling known as Clifton is a late 18th or early 19th century plantation hduse. The building has been substantially altered and is not eligible for the National Register of Historic Places though staff of the Virginia Landmarks Commission stated that it may have some historic significance. The applicant states that: Clifton was a part of Peter Jefferson's original Shadwell estate which was, in turn, deeded to Thomas Jefferson. Clifton was included in that portion of the Shadwell estate which Thomas Jefferson deeded to his oldest daughter, Martha, as a wedding gift upon her marriage to Thomas Mann Randolph. Thomas Mann Randolph, an early Governor of Virginia and the father of Thomas Jefferson's only surviving and legitimate heirs built the first structures at Clifton and lived at Clifton for a period of time shortly before returning to Monticello amd reconciling with the Jefferson family just before his death in 1828. Clifton was an early warehouse for the port at Milton, and, as such, was the focus of one of Thomas Mann Randolph's business efforts locally. Indeed, the marble stone sitting at the present entrance to Clifton is reputedly a remnant of a column destined for the University Rotunda which broke on the dock at the Milton port just below Clifton. It is also believed that the grounds at Clifton were planned and designed by Thomas Jefferson, or at least by one of his proteges; the multiple terracing, for instance, are illustrative of his influence. Most properties in the area are developed or approved to be developed residentially or are in commercial, industrial, or public use. Approval of Clifton would in staff opinion have little effect on agriculture or forestry. Applicant's Proposal: Clifton is currently operating as "tourist lodging" a use by right in the RA, Rural Areas, zone. The initial staff report questioned the extent of the current operation to which the applicant responded that: 'We have been and currently are licensed~by Albemarle County under the Tourist Lodging provision. We have been inspected by both the State and local Health Department and the Safety Marshal, all of which have given us their approvals. We have also conferred with the County and obtained all appropriate approvals for conforming our sanitary system, including bringing the septic tank and well up to full commercial standards. 105 August 5, 1987 (Regular Meeting) (Page 16) We would respectfully disagree with the staff comments about con- fusion with respect to the existing operations. There is the impli- cation that we are not permitted to do what we have been doing in terms of hosting receptions and weddings. We have been advised by the County that the hosting of such events is entirely permissible if such events are catered by a licensed caterer. Upon checking with the Alcohol and Beverage Control Office we were also advised that we were not allowed to purchase or sell alcoholic beverages on behalf of Clifton. Both of these conditions have been strictly adhered to in each instance, to our knowledge.' Therefore the only increase in usage requested under.this permit is an increase from five to seven lodging rooms and to open the dining area for one seating per night to the general public. Comprehensive Plan: The Comprehensive Plan recommends that 'conver- sion of historic buildings to commercial uses compatible in character should be considered as a method of historic preservation.' In the case of Clifton, substantial effort has already been expended on renovation. The plan also recommends that 'residential, commercial and other development activities should be directed to designated growth areas rather than being permitted to encroach on agricultural and forestal areas with detrimental effects.' Due to existing development in the area, staff opinion is that Clifton would have little direct effect on agriculture and forestry. The plan contains locational recommen- dations for highway-oriented uses including motels and restaurants, however, the existing Clifton operation is not highway-oriented in nature. Staff Comment: As stated earlier, this petition represents little change over the use already authorized by the County~ When presented with this argument and other information (Attachment A), the Planning Commission unanimously recommended approval subject to: 1. Approval is limited to six (6) rooms for overnight travelers and a fifty (50) seat restaurant. Except for lodging guest and occasional luncheons, wedding receptions, cocktail parties and the like, restaurant usage is limited to not mo~e than fifty (50) diners per evening. 2. Site plan approval. Prior to review of the sit~ plan by the Planning Commission, the applicant shall obtain ~Health Depart- ment and Virginia Department of Transportation approvals. 3. Building and Fire Official approvals. Mr. Keeler said the Planning Commission, at its meeting on July 21, 1987, unanimously recommended approval subject to the three conditions in the staff's report. At this point, Mr. Keeler said that Condition #1, denoting six rooms for overnight travelers, was incorrect. He said staff went back to the Planning Cox~ission on this point and was told the Commission had intended to change six rooms to seven rooms. Mr. Fisher asked Mr. Keeler if there was any discussion as to whether the building could be changed, added on to, or modified on the outside. Mr. Keeler said no. Mr. Fisher asked if the building is considered an historic building. Mr. Keeler replied affirmatively, adding the applicant has given his representation of historic significance in the staff report; however, the Planning Commission does not have anything firm from the Virginia Historic Landmarks Commission. Also, the building cannot be put on the National Register of Historic Places. Mr. Mitch Willey, owner of Clifton, handed the Board members pictures of Clifton to give the Board a sense of what Clifton is. He Said that since opening, he and his wife have sought to keep Clifton a small, intimate, quiet August 5, 1987 (Regular Meeting) (Page 17) facility, allowing their guests to experience overnight lodging in an historic home. Mr. Willey pointed out that the historic significance of Clifton is contained in the file furnished the Board members. He told the Board the inn has been recommended by the Chamber of Commerce, the Visitors Center, and others in the County. The only complaints they receive are from guests who would like to be able to have dinner at the inn with some of their friends. He pointed out that the proposal is consistent with the County's Comprehensive Plan; there is no change in the use of Clifton on the basis of the proposal, no structural changes proposed, and no change to the land. Mr. Fisher asked Mr. Willey if there is some kind of reasonable limit that would accommodate Mr. Willey's use but would also protect the area from what might happen with a future owner. Mr. Willey replied that they have no interest in becoming a large restaurant, but they must be able to serve 50 people in order to be allowed to serve alcoholic beverages. He said that serving 50 people on a given evening would be disruptive to the operation of the inn; they do not anticipate seating more ~than 32 people in the dining room. Mr. Fisher asked Mr. Willey if he could suggest some hours of operation that would provide some control over future owners. Mr. Willey replied they would be happy to observe the same hours as any other place in the County considered a comparable institution. ~ Mrs. Cooke asked if the inn is only going to have one seating for dinner per night. Mr. Willey replied affirmatively. Mr. Way suggeSted a condition be set that the permit is one seating for dinner. Mr. Willey agreed. Mr. Lindstrom suggested hours of 6:00 P.M. to 11:~00 P.M. Mr. Willey agreed that 6:00 P.M. to 11:00 P.M. would be fine. Mr. Bowie commented that midnight seems fair for closing time, but if Mr. Willey is satisfied with 11:00 P.M. as a closing time that is all right. Mr. Wille~said that 11:00 P.M. is fine. With no one else rising to speak, the public hearing was closed. Motion was offered by Mr. Lindstrom to approve SP-87~49 subject to the Planning Commission conditions, adding that the hours of operation for the restaurant shall be from 6:00 P.M. to 11:00 P.M., and Condition #1 be limited to seven rooms. The motion was seconded by Mr. Bowie. After a short discussion of the interpretation of Condition #1, Mr. Keeler suggested that the hours of opera- tion be included as Condition #4, and the wor~s "and such diners shall be seated during those hours set forth in Condition #4" be added at the end of Condition #1. Both Mr. Lindstrom and Mr. Bowie agreed. Roll was called and the motion carried by the following recorded ~ote: AYES: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, iHenley, Lindstrom, and Way. NAYS: None. ~ The conditions of approval are as follow~: Approval is limited to seven (7) rooms for overnight travelers and a fifty (50) seat restaurant. Except for lodging guests and occasional luncheons, wedding receptions, cocktail parties and the like, restau- rant usage is limited to not more than fifty (50) diners per evening, and such 50 diners shall be seated during those hours set forth in Condition #4; Site plan approval. Prior to review of the site plan by the Planning Commission, the applicant shall obtain Health Department and Virginia department of Transportation approvals; Building and Fire Official approvals;~ Hours of operation for the restaurant shall be from 6:00 P.M. to 11:00 P.M. Agenda Item No. 7. SP-87-51. Woodbriar Associates. To allow installa- tion of a six-inch diameter sewer line under the North Fork of the Rivanna River. Property located on west side of Rt. 29 North, adjacent to bridge over North Fork of the Rivanna River. Tax Map 32, Parcel 19. Rivanna District. (Advertised in the Daily Progress on July 21 and July 28, 1987.) August 5, 1987 (Regular Meeting) (Page 18) Mr. Keeler gave the Staff Report as follows: "Staff Comment: This proposed sewer line would connect industrial properties near the airport to the proposed expanded Camelot sewage treatment plant. Service would be provided to about 40 acres of land zoned LI, Light Industrial, and the Planned Development-Industrial Park property. (A site plan has been submitted on a portion of the Light Industrial land. No plans have been submitted on the Planned Development-Industrial Park land.) The applicant proposes to cross the river with a six, inch diameter force main to be encased in concrete to avoid flotation. The cross- ing would occur about 20 feet upstream of a 12-inch water line crossing (see Attachment A which is on file). This is the only design information submitted to date. As can be seen from the County Engineer's comments, substantially more planning and design needs to be undertaken before the project can proceed (see Attachment B which is on file). Also due to consideration of stream flow, the County Engineer comments that 'construction of this type must be performed in the months of July or August, during periods of low flow, due to restrictions placed by the Army Corps of Engineers.' This comment causes staff concern for the following reasons: 1. This petition is scheduled for Board of Supervisors review on August 5, 1987, leaving less than four weeks for the applicant to plan, obtain approvals, and complete the project including restoration and stabilization of the area; 2. This is a relatively sophisticated construction!project which if hastily undertaken could result in severe erosion and other degradation problems; 3. If construction is undertaken but not complete when fall rains arrive, severe problems could result from increased river flow. Corrective measures may be difficult to accomplish at time of high flow; 4. Given these cautions, the Commission and Board may wish the applicant to provide reasonable demonstration that construction together with all restorative measures can be accomplished during this limited time frame. Should the applicant be unable to convince the Commission and Board that the project can be accomplished this season, staff would recommend~a substitute condition #1: 1. Project together with all restoration and stabilization measures to be completed by August 31, 1988.' No work within the floodplain to be initiated prior to July 1, 1988. Staff recommends approval subject to the following conditions: 1. Construction together with all restoration and stabilization measures to be completed no later than August 3~, 1987; 2. The Zoning Administrator shall issue a development permit for this project as required by Section 30.3.3.2 of the Zoning Ordinance. No such permit shall be issued until all conditions of this special use permit have been met; 3. Approval of appropriate local, state, and federal agencies and presentation of evidence of such approvals to the Zoning Administrator; 4. County Engineer approval in accordance with the requirements of 30.3 Flood Hazard Overlay District with particular attention to approval of access and river crossing plans; 5. Only those areas necessary for the conduct of this project shall be disturbed. Activity shall be conducted in such a manner so that equipment shall not travel over, be parked on, or otherwise August 5, 1987 (Regular Meeting) (Page 19) 108 encroach on tree root systems outside of approved project limits; All disturbed and denuded areas shall be stabilized as required by the County Engineer. County Engineer approval of restorative and stabilization measures prior to issuance of development permit. Such approval shall among other things specify that all excess construction material and debris shall be removed from the floodplain and disposed of properly; Compliance with the Soil Erosion and Sedimentation Control Ordinance; : Posting of warning signs upstream from the site to advise canoeists and other users of construction activity and temporary obstructions; 9. Cash bonding as a mechanismby which the Zoning Administrator may cause immediate compliance with this special use permit and all other county regulations. The [County Engineer shall make periodic inspections of the site to insure compliance with conditions imposed herein. The County Engineer may require such corrective measures as deemed necessary to insure compliance with these conditions. 10. Presentation to Zoning Administrator of proof that all easements necessary for construction and maintenance of entire length of sewer line have been obtained." Mr. Keeler said the Planning Commission,~ at its meeting on July 21, 1987, unanimously recommended approval subject to the staff's conditions, but reworded Condition #1 and Condition #2 as follows: Construction together with all restoration and stabilization measures to be completed no later than August 31, 1987; provided that comple- tion date may be extended not more than thirty (30) days by the County Engineer in light of the current status of the project and the weather; The Zoning Administrator shall issue~a development permit for this project as required by Section 30.3.3.2 of the Zoning Ordinance. No such permit shall be issued until all conditions of this special use permit have been met and the County Engineer shall have certified that in his opinion the project can be expected to be completed prior to termination date noted in ConditiOn #1. Mr. Fisher asked if this industrial area has been proposed to be served by public utilities in this manner. Mr. Keeler replied yes, but a permit had never been applied for. He reminded Mr. Fisher of permits that had been approved for the expansion of the Camelot sewage treatment plant. Mr. Keeler said the capacity of the expanded treatment plant was to be attributed to Briarwood and to the industrial park. After expanding the plant, the devel- oper will have all the additional capacity. Mr. St. John asked if this is pursuant to the agreement between General Electric and the developer. Mr. Keeler replied that General Electric is not involved. Mr. St. John asked if the sewer line and the pumping station will be taken over by the Albemarle County Service Authority. Mr. Keeler replied affirmatively. Mr. St. John asked if the Service Authority is going to monitor construction and conduct inspections to make sure the work is accept- able to the Service Authority. At this time, Mr. Fisher opened the public hearing so Mr. Wendell Wood, the applicant, could reply to the question. Mr. Wood stated the planning process must be approved by both the Albemarle Service Authority and the Rivanna Water and Sewer Authority. The sewer'.line is 7,000 feet long; Wood- briar Associates is asking to be allowed to cross the river a width of approx- imately 34 feet; the Service Authority has approved the location of the crossing, and Woodbriar has also received approval from the State Health Department. Mr. Wood said all the permits necessary for work to begin have August 5, 1987 (Regular Meeting) (Page 20) been received, except for the permit necessary from the Board to cross the floodplain. Mr. Lindstrom asked when the requirements contained in Condition #3 must met. Mr. Keeler replied the requirements must be met before a development permit is issued; development permit is a term required to be included in the ordinance by the Federal Emergency Management Agency for the insurance pro- gram. Mr. Lindstrom asked for confirmation that the developer will not be able to do any construction or grading until the developer gets the develop- ment permit, and the development permit will not be issued until the other approvals are presented to the Zoning Administrator. Mr. Keeler ~eplied affirmatively. At this time, Mrs. Cooke disqualified herself from participation due to the fact that she is involved with some land that would directly benefit from that which is before the Board. Motion was then offered by Mr. Lindstrom, seconded by Mr. Bowie, to approve SP-87-51 with the conditions reco~nended by the Planning Commission. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bowie, Fisher, Henley, Lindstrom, and Way. NAYS: None. ABSTAINING: Mrs. Cooke (The conditions of approval are set out below:) Construction together with all restoration and stabilization measures to be completed no later than August 31, 1987; provided that comple- tion date may be extended not more than thirty (~0) daYs by the County Engineer in light of the current status of the project and the weather; 2. The Zoning Administrator shall issue a development permit for this project as required by Section 30.3.3.2 of the Zoning Ordinance. No such permit shall be issued until all conditions of this special use permit have been met and the County Engineer shall have certified that in his opinion, the project can be expected'to be completed prior to termination date noted in Condition #1; 3. Approval of appropriate local, state, and federal agencies and presentation of evidence of such approvals to the Zoning Administrator; County Engineer approval in accordance with the requirements of 30.3 Flood Hazard Overlay District with particular attention to approval of access and river crossing plans; Only those areas necessary for the conduct of this project shall be disturbed. Activity shall be conducted in such manner so that equipment shall not travel over, be parked on, or otherwise encroach on tree root systems outside of approved project 'limits; 6. Ail disturbed and denuded areas shall be stabilized as required by County Engineer. County Engineer approval of restorative and stabi- lization measures prior to issuance of developmen~ permit. Such approval shall among other things specify that all excess construc- tion material and debris shall be removed from the floodplain and disposed of properly; 7. Compliance with the Soil Erosion and Sedimentation Control Ordinance; 8. Posting of warning signs upstream from the site to advise canoeists and other users of construction activity and temporary obstructions; Cash bonding as a mechanism by which the Zoning Administrator may cause immediate compliance with this special use permit and all other County regulations. The County Engineer shall make periodic inspec- tions of the site to insure compliance with conditions imposed August 5, 1987 (Regular Meeting) (Page 21) ti0 10. herein. The County Engineer may require such corrective measures as deemed necessary to insure compliance with these conditions; Presentation to Zoning Administrator of proof that all easements necessary for construction and maintenance of entire length of sewer line have been obtained. Agenda Item No. 8. Public Hearing: An Ordinance to prohibit open burning of leaves, brush and similar materiais in certain portions of the County. (Advertised in the Daily Progress on July 21 and July 28, 1987.) Mr. Robert Tucker read the text of the proposed ordinance as follows: "Sec. 9-23.2:1. Prohibition on open burning in certain areas. Except as otherwise expressly permitted by state law, or in accordance with Section 9-22 (b) of this Code, it shall be unlawful for any person to burn or set fire to any leaves, brush, logs, grass, debris or field containing dry grass or other inflammable material at any time within the urban area of the County. For purposes of this Section, the term "the urban area of the County" shall include that portion of the County shown as such on the map which is attached hereto and incorporated herein by reference. This ordinance shall be effective upon its approval by the State Air Pollution Control Board." Mr. Tucker commented on concerns raised ~y residents in some areas over burning of leaves and problems encountered at'~a construction site the previous year with clearing and burning of trees and brush in preparation for develop- ment of the land. He said the prohibition of burning will leave the respon- sibility of disposal to the individual property owner or the private sector. Concerns have been expressed that leaf disposal at the landfill should be prohibited, even though it cannot be prevented because of the manner in which it occurs. At this time, the public hearing was opened. Mr. Clarence Wetsel, has a 175 acre farm. in the Carrsbrook area off of Rio Road and this property is covered by the Amendment. He stated his opposi- tion to the ordinance because of the problems of disposal of debris. He said that 75 acres of his land is in the floodplain and when a flood occurs, debris is placed on the land and it would be a burden to dispose of the debris. Mr. Wetsel said he is concerned about his neighbors getting rid of their leaves on since there is no County pickup of leaves. Mr. Reo Ford, who has 10 acres of land at 101Northfields Circle, is opposed to the amendment as proposed. He is objecting to the boundary because it includes him. Mr. Ford showed the Board members a map which showed his property in relation to Mr. Wetsel's. Mr. Ford said his property contains 200 trees which require pruning and trimming, and!'an old vegetable garden used for brush piles, where debris is burned in January. He said since his property is included in the boundary defined by the ordinance, he would have to discontin- ue burning unless a provision is contained in the ordinance for special permit burning. Mr. Ford asked the Board to consider changing the boundary to move it up to Northfields Road, or to provide special permits to be issued on a time basis. ' Mr. Maynard Stoddard, representing the Virginia Department of Forestry, asked if the ordinance, when adopted, would still allow bona fide burning for forestry practices within the area, if such aCea lies within the boundary. Mr. Fisher asked how much forest land is in the area. Mr. Stoddard said he did not know, but with a 175 acre farm in the iarea, he believes there may be some. Mr. St. John replied that exceptions e~ist where permitted by State law; he does not think the Board has the authority to prevent that. ili August 5, 1987 (Regular Meeting) (Page 22) Mr. Richard Arthur, reminded the Board he had spoken at the July meeting and at that time it was reported that a disposal site had to be set up, but he had heard nothing about what was going to be done about the leaves and rubbish. Arthur asked how the Board can address the problem if the Board does not know how big the problem is. He asked if it is reasonable to expect private industry to invest in larger equipment and other miscellaneous equipment to pick up and haul the leaves so as to make it economical to make the trip to the dump two months of the year. If private enterprise does not do this, would the County be prepared to do the job; the whole County would have to pay for disposal and other residents in the County would probably object because they would have to pay to move someone else's trash. He asked if leaf burning two months of the year represented a greater environmental impact than the burning occurring in wood stoves, fireplaces, and grills, which are used all year. He said rotting leaves in a landfill will be a greater environmental impact because of underground fires caused by the rotting and subsequent spontaneous combustion. Mr. Arthur said that in the City, burning is prohib- ited, but the City picks up the debris. However, in the suburban area of a more casual way of life, lower taxes and less service, people do more for themselves, including the burning of leaves. He does not feel this ordinance will be enforced by law enforcement people patrolling, but only by peer pressure and by residents supporting the ordinance. Mr. Arthur commented that he cannot see how the Board can seriously consider this type of ordinance when there is no public demand for it; that a lot of problems that have developed have been because of neighborhood squabbles~ In the final analysis, there are better ways to solve neighborhood squabbles than by passing ordinances that apply to the whole community. Mr. Ted Armentrout, President of the Jefferson CountrY Firefighters Association (JCFA), was asked to convey to the Board the concerns of fire- fighters in the Charlottesville/Albemarle County area. Mr~ Armentrout said that.approximately 18-24 months previously, Mr. J.B. Morris, President of JCFA at that time, sent the County a letter requesting an ordinance that would extend the State Division of Forestry Open Burning Law year round in Albemarle County. He said JCFA's concerns include decreasing financial and manpower support in the County and that manpower is extremely limited during daytime hours. He believes there is an Environmental Protection Agency statute concerning the remedies regarding nuisance burning. Mr. A~mentrout said JCFA asks that any change in the ordinance be to make the State ~Division of Forestry law effective year-round. Mr. Fisher asked if he meant that no burning be allowed before 4:00 P.M. Mr. Armentrout replied yes, any open burning must be done after 4:00 P.M., burning must be out by midnight, and any burning must be a~tended. Mr. Way asked if he means year-round, county-wide. Mr. Armentrout '~replied affirma- tively. Mr. Chester Titus who lives in the Knollwood/Hessian Rills area, stated that someone in his neighborhood has been burning debris for three days. The fire has been smoldering and all the neighbors have been br~eathing in the smoke; sometimes he cannot find his house because of the smoke pall; people have paid no attention to the guidelines that have been lal.d down; burning goes on all hours of the day and night; fires are left unattended with no fire hoses nearby. He said people have ignored the ordinance partly because it is confusing and partly because it is complex. He said he should have the right to breath in his own yard. Mr. Titus asked the Board to adopt the ordinance. Ms. Joan Graves who lives in Berkeley, said she objects to breathing smoke. She says people in her neighborhood burn leaves, and even though the smoke from the leaves is objectionable, the smoke is more objectionable when contractors burn leaves, brush and tree stumps. She believes there is a problem in Branchlands and she does not know what the contractor plans to do about it. She said Canterbury Hills will be in jeopardy when land is cleared in that area. She asked if there is a way to separate construction burning from homeowners who burn debris. Ms. Graves said she needsl to breathe; she cannot do so when she has to breathe smoke; other people fe~l the same way. Ms. Graves said she hopes the Board takes these concerns in~o consideration when the Board votes. ~ At this time, the public hearing was closed. Mr. Bowi~ commented he had previously asked for specific information on the ordinance: how it can be August 5, 1987 (Regular Meeting) (Page 23) 112 enforced, what should be done with the leaves, and how disposal should be paid for. He said that information was not in the packet tonight. He said he is not prepared to vote on this question tonight. Mr. Lindstrom said the problem in some neighborhoods is the volume of leaves that need to be disposed of. Some exceptions, under certain circum- stances, make sense, especially for people who live on large tracts of land. The problem is an urbanizing community in the transition stage, and the Board cannot reasonably impose these kinds of restrictions until there is a way to dispose of the leaves. Mr. Lindstrom said he is interested in having an ordinance of this type in the urban area. The ordinance is important, but it is not fair for the Board to just say there Will be no more burning and not propose some solution to the problem. Mrs. Cooke said she has no problem with ~roviding some language in the ordinance allowing people with large tracts Of land to burn leaves and debris. The Board does have a responsibility to people who live in more confined areas to help when people are irresponsible about the burning of leaves. This is a volatile issue and people do not broach this kind of subject with a neighbor. Since her district is the one affected most, people have come to her for a solution. Mrs. Cooke commented that a woman who had spoken at the previous meeting, had received a threatening telephone call because she brought the issue up. She said the Board must come to grips with the problem; it is the Board's responsibility to address the problems resulting from urbanization of the County, even if money must be spent. Motion was the offered by Mrs. Cooke, seconded by Mr. Lindstrom, to defer this item to August 12, 1987. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom, and Way. NAYS: None. Agenda Item No. 9. Public Hearing: To receive views of citizens in the school district on the appointment of the Sch6ol Board member from the Rivanna District. (Advertised in the Daily Progress 6n July 17, July 18 and July 19, 1987.) Mr. Bowie said this appointment was advertised and two applications were received by the deadline, Mrs. Louise Warner ~nd Mrs. Sharon Wood. He met with each applicant for an interview earlier in the week. In light of the late hour, he told the applicants he would nog assume they were withdrawing their names if they decided to leave. Mr. BoWie advised the Board that both applicants left the meeting at about 11:15 P.M. At this time, the public hearing was opened. Ms. Lyndley Gough, President of the Albemarle Education Association (AEA), said she wants to remind the Board of some items to consider when appointing anyone to a school board. Ms. Gough urged the Board to consider someone who would have some basic knowledge of educational issues; have an · nquisitive attitude; be able to make decisions for educationally sound reasons, not just as something that would be expedient to get it out of the way or to quiet a particular grievance; someone who would consider what is best for the whole system, not a particular p~rt of the system; someone who would ask questions and require that the questions be answered, yet be able to listen with an open mind. Ms. Gough said the ~AEA thinks it is important that the School Board be representative of the entire population. Ms. Gough concluded by saying that AEA appreciates the ~opportunity the open hearing process gives for people to have input into am appointment decision. With no one else left to speak, Mr. Fisher closed the public hearing. Mr. Bowie said he will consider the input from Ms. Gough, and asked the Clerk to see that each Board member receive copies of the applications. Mr. Fisher said this item will be placed on the agenda for the meeting of August 12, 1987. 113 August 5, 1987 (Regular Meeting) (Page 24) Due to the lateness of the hour, Mr. Fisher suggested that the remaining items on the agenda be deferred until August 12. At 11:55 P.M., motion was offered by Mr. Bowie, seconded by Mrs. Cooke, to defer all remaining items on the Agenda until August 12, 1987. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom, and Way. NAYS: None.