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1979-04-18NApril 18, 1979 (Regular Night Meeting) A re~U:l~r-mee't~ing'of the Albemarle County Board of Supervisors was held on April 18, 1979 at 7:30 P.M. in the Albemarle County Courthouse, Charlottesville, Virginia. Present: Messrs. Lindsay G. Dorrier, Jr., Gerald E. Fisher, F. Anthony Iachetta, C. Timothy Lindstrom and W. S. Roudabush. Absent: Mr. J. T. Henley, Jr. Officers Present: Messrs. Guy B. Agnor, Jr., County Executive; George R. St. John, County Attorney; and Robert W. Tucker, Director of Planning. Agenda Item No. 1: Meeting was called to order at 7:40 P.M. by the Chairman. Mr. Fisher announced that the unfinished Agenda Items from the. afternoon meeting would be placed at the end of the Agenda. Agenda Item No. 2: SP-79-02. Thomas A. Lane. Request to amend SP-77-82 to increase the acreage of the site from 2.88 acres to 5.0 acres. Property located on the west side of Route 29 North near the Wonderbread property. County Tax Map 45, Parcel 94, part thereof. Charlottesville Magisterial District. ( Advertised in the Daily Progress, Charlottes' Virginia on April 4, 1979 and April 11, 1979). Mr. Tucker read the County Planning Staff's report: Request: Amend SP-77-82 to increase acreage from 2.88 acres to 5.0 acres. Staff Comment: The applicant is seeking to increase the acreage of this site by 2.12 acres as a requirement to obtain franchise with a particular farm implement company. The 2.12 acres is bound by proffers of ZMA-79-03 (Stevenson and Martin). Staff finds no problems with this request and recommends approval subject to: Compliance with conditions of SP-77-82; Site plan amendment required for expansion of farm implement use into this parcel if required by Article 17 of the Zoning Ordinance. Mr. Tucker stated that on April 3rd of this year, the Planning Commission unanimously recommended approval of this Special Use Permit with the above mentioned conditions. Mr. Fisher noted that ZMA-79-03 that was recently approved limits the number of accesses to u. S. Route 29. He asked if this application would require the use of one of the new entrances. Mr. Tucker replied that it was the staff's understanding that if the property is utilized at all, the applicant will use the existing entrance. It is the staff's understanding that the additional property is needed only to comply with the franchise requirements of a farm implement company. Mr. Tom Wyant was present to represent Mr. Lane. He said it is their intent to use the same entrance shown on the original site plan. The only reason they want this extra acreage is to obtain a franchise from a farm implement company. There are no plans to use this acreage or to build on it. Most of the property is swamp. With no one else present to speak for or against ~his petition, the public hearing was closed. Motion was offered by Dr. Iachetta to approve SP-79-02 with the conditions recommended by the Planning Commission. Mr. Roudabush seconded the motion and same carried by the following recorded vote: AYES: Messrs. Dorrier, Fisher, Iachetta, Lindstrom and Roudabush. NAYS: None. ABSENT: Mr. Henley. Agenda Item No. 3. SP-79-05. Raymond F. Loba. Petition for antique storage (with monthly sales from the warehouse) on 166.490 acres zoned A-1. Property located on the northeast side of Route 811. County Tax Map 40, Parcel 46. White Hall Magisterial District. (Advertised in the Daily Progress on April 4, 1979 and April 11, 1979.) Mr. Tucker read the County Planning Staff's report: Request: Monthly antique sales Acreage: 166.49 acres Zoning: A-1 Agriculture Location: Property, described as Tax Map 40, Parcel 46, is located on the north side of Route 811 about 1/2 mile east of its intersection with Route 810 near Crozet. Character 'of t'he' Area ThiS area is predominated by large parcels. Route 811 is essentially a one-lane gravel road. Staff Comment The applicant proposes to renovate an equipment shed/tenant structure for this use. Building permits have been issued for renovation of two residential units in this structure. Storage area is estimated at about 500 square feet. The access road to the property is currently being upgraded and is equivalent to or better than the state road. Adequate gravel area exists for parking (this is also being improved). 'i!1 270 April 18, 1979 (Regular Night Meeting) b. No signs. Advertising of sales would be by newspaper advertisement. Staff opinion is that this use would not be detrimental to the area and recommends approval of this petition subject to: 1. Use limited to applicant's representations as stated in (a) and (b) above; 2. Virginia Department of Highways and Transportation approval of entrance. Note: As staff has stated, the access road and area for parking appear adequate. Virginia Department of Highways and Transportation would approve the entrance. Staff opinion is that a site plan is unnecessary. Mr. Tucker noted that on April 3, 1979, the Planning Commission unanimously recommended approval of this Special Use Permit with four conditions: Use limited to applicant's representations as stated in (a) and (b) below: a. No auctions, loudspeakers, or food would be involved; sales would also be by appointment; b. No signs. Advertising of sales would be by newspaper advertisement; 2. 'Virginia Department of Highways and Transportation approval of entrance; 3. Sales to be limited to three (3) consecutive days; one sales period per month; 4. No outdoor storage, display, or sales. Mr. Raymond F. Loba was present. He stated that his request was just as presented to the Board. It was for his wife's hobby, more or less, and she wanted to display her antiques and once a month she would wholesale these items. Most of the sales would be done by appointment. With no one from the public to speak for or against this petition, Mr. Fisher closed the public hearing. Motion was offered by Mr. Roudabush to approve SP-79-05 with the conditions recommended by the Planning Commission. The motion was seconded by Dr. Iachetta and carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Dorrier, Fisher, Iachetta, Lindstrom and Roudabush. None. Mr. Henley. Agenda Item No. 4. SP-79-07. David J. Wood, Jr. and Joseph M. Wood, II. Request for mini-warehouses on 3.391 acres zoned B-1. Located behind Dart Drug, at the end of Williamsbur Road. County Tax. Map 61M, Parcel 12-1E. Charlottesville Magisterial District. (Advertised in the Daily Progress April 4, 1979 and April 11, 1979). Mr. Tucker read the Planning Staff report: Request: Light Warehousing (Section 7-1-42(10) Acreage: 3.391 acres Zoning: B-1 Business Location: Property, described as Tax Map 61-M, Parcel 12-1E, is located behind Shopper's World and adjacent to Berkeley Subdivision. Character of the Area This property is currently a vacant, graveled area. Pedestrian traffic from Berkeley has worn the slope adjacent to Williamsburg Road. The property is clearly v±sible from dwellings to the north and west. Staff Comment Access to this property would be primarily from Berkmar Drive. The applicant proposes security fencing as well as an apartment unit for a watchman. While specific plans have not been developed at this time, the applicants estimate about 40,000 square feet of storage area. A resident of the area has expressed concernabout hours of operation. While this use is less intensive than some uses by right in the B-1 zone, staff would recommend substantial landscaping which would not only screen this site but also lessen visual impact of Shopper's World. Screening should be along the western, northern and eastern boundaries with the screening on the north located at the top of the slope. Staff recommends approval subject to the following conditions: Site plan approval including Planning Commission approval of the landscape plan; Ail storage shall be in enclosed buildings; Operating hours from 7:00 A.M. to 10:00 P.M. Operation by appointment shall be permitted at other hours for emergency situations. Note: The accessory dwelling for the night watchman is provided by Section 7-1-42(11). While this use was not expressly advertised as a part of this application, staff opinion is that it is accessory and does not substantially alter or intensify the application. Mr. Tucker noted that on April 3, 1979, the Planning Commission unanimously recommended approval with the staff's conditions plus a fourth condition: 4. No access to Williamsburg Road. Mr. Fisher closed the public hearing. Dr. Iachetta moved to approve this permit as recommended by the Planning Commission and Mr. Lindstrom seconded. The motion carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Dorrier, Fisher, Iachetta, Lindstrom and Roudabush. None. Mr. Henley. Agenda Item No. 5. Resolution of intent to amend Article 17 of the Zoning Ordinance to increase the number of prints submitted from 10 copies to 20 copies. (Advertised in the Daily Progress April 4, 1979 and April 11, 1979). Mr. Tucker said the Planning Commission adopted a series of resolutions of intent to the Zoning and Subdivision Ordinances to facilitate Planning Commission review of site Plans and subdivision plats. This amendment is to Section 17-3-5 of the Zoning Ordinance and would increase the required number of copies of a site development plan submitted from 10 to 20 copies. Mr. Fisher asked why there was a need for this many copiea~ Mr~k~cke~l~eplied that at the present time, the number of copies received are only for staff and Site Review Committee members. The Commission has felt that during their review, they would like to have copies for all Commission members. At present, only two members receive copies because they serve as ex-officio members on the Site Review Committee. To facilitate review, the extra copies are needed so the members can review and study the plans beforehand and be more prepared at the time they act on site plans. Mr. Dorrier asked Mr. Tucker what the Planning Commissioner's feelings were about the extra expense. Mr. Tucker replied that there would be some additional expense but he felt it would be minimal. It does depend on the size of the plans. These extra copies would help the Planning Commission get through their meetings more efficiently. Also, Commission members are getting calls from citizens on site plans and they do not know what to tell them. Mr. Lindstrom asked if each Planning Commission member representing a district receives a copy of site plans for activities in his district. Mr. Tucker said that the only two Commissioners who get copies are the two serving on the Site Review Committee. Mr. Lindstrom said he occasionally receives copies of site plans. Mr. Tucker replied that the Board members are supposed to get copies of site plans in their districts. Mr. Lindstrom said he has heard Commission members complain that staff reports are not received before the meeting at which they have to vote on a site plan. Mr. Tucker said staff reports are not handed out in'advance of a meeting because thay would have no meaning without a site plan to which the staff report can be related. The public hearing was opened. public hearing was closed. With no one present to speak for or against, the Mr. Roudabush did not agree that there should be 20 copies of the plans due to. the extra expense. He did say, however, that he was in agreement that the Commission members should get the necessary information before the meeting. He felt that due to the tremendous size of some of the Plans, the cost would be very high. After more discussion, Mr. Fisher suggested that the number of copies be set at 12 instead of 20. Mr. Roudabush said that he could agree with 12 copies. This would allow seven copies for the Site Review Committee, three copies for the staff, one copy for the Planning Commission member representing a district and one for the Board of Supervisors member representing the district in which a petition is filed. Mr. Roudabush offered motion to adopt the following ordinance: BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Section 17-3-5 of the Albemarle County Zoning Ordinance be amended and reenacted to read as follows: 17-3-5 Twelve (12) clearly legible blue or black line copies of a site development plan shall be filed with the Albemarle County Planning Department. Additional copies may be required if revisions are necessary. The foregoing motion was seconded by Dr. Iachetta and carried by the following recorded vote: AYES: Messrs. Dorrier, Fisher, Iachetta, Lindstrom and Roudabush. NAYS: None. ABSENT: Mr. Henley. Agenda Item No. 6. Resolution of intent to amend the Subdivision Ordinance to increase the number of prints submitted from 10 copies to 20 copies. (Advertised in the Daily Progress April 4, 1979 and April 11, 1979). Mr. Tucker said these resolutions were adopted unanimously for the same reasons as set out in Agenda Item No. 5. Section 18-45 refers to preliminary plats and Section 18- 53(a) is for final plats. He said again, that he would go along with the 12 copies instead of the 20 copies as recommended by the Planning Commission. The public hearing was opened. Fisher closed the public hearing. ordinance: With no one present to speak for or against, Mr. Mr. Roudabush offered motion to adoPt the following BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Sections 18-45 and 18-~ of the Albemarl~ County ~ h~ ~m~ ~ ~~ 2?2 April 18, 1979 (Regular Night Meeting) Sec. 18-45. Number of copies; scale; filing. A subdivider shall file twelve prints of a preliminary plat and plans prepared by a person qualified to do such work including but not limited to, city planners, architects, landscape architects, certified professional engineers, and land surveyors. The preliminary plat and plans shall be in the office of the county planner at least twenty-one days prior to the meeting at which the plat is to be considered by the commission. The plat shall be drawn on one or more numbered sheets at a scale of one hundred feet to the inch. Where conditions warrant, as determined by the agent, preliminary plats at a scale of one inch to two hundred feet may be accepted. In the event such plat needs to be revised, seven copies of the revised plat shall be submitted to the agent. Sec. 18-53. Generally. vote: (a) A .... subdivider shall file a linen tracing, or other transparency of scale true material, and twelve prints of the final plat prepared by a land surveyor or certified professional engineer, to the limit of his license, who shall affix upon each plat a certificate signed by him, stating the source of the title of the owner of the land subdivided, and the place of record of the last instrument in the chain of title, and in- cluding the supporting data listed herein with the commission, or its agent. Such plat shall be filed at least twenty-one days prior to the meeting at _ which the plat is to be considered. In the event the final plat needs to be ~evised, after original approval, seven copies of the revised plat shall be submitted to the agent. Dr. Iachetta seconded the foregoing motion and same carried by the following recorded AYES: NAYS: ABSENT: Messrs. Dorrier, Fisher, Iachetta, Lindstrom and Roudabush. None. Mr. Henley. Agenda Item No. 7. Resolution of intent to amend Article 17 of the Zoning Ordinance to provide for membership of the Area Soil Conservationist on the Site Review Committee. (Advertised in the Daily Progress April 4, 1979 and April 11, 1979). Mr. Tucker noted that this amendment was to provide for a member of the United States Department of Agriculture Soil Conservation Service on the Site Review Committee. 7The Rlanning Commission unanimously recommended approval. The Commission felt that his expertise would be helpful as a soil scientist in erosion and ground water problems. Mr. Lindstrom stated that Mr. Gordon Yager was very anxious to serve on this Committee. The public hearing was opened. With no one present to speak for or against it, Mr. Fisher closed the public hearing on this matter. Mr. Lindstrom offered a motion to adopt the following ordinance: BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Section 17-7-2 of the Albemarle County Zoning Ordinance be amended and re- enacted to read as follows: 17-7-2 There is hereby created a site plan review committee composed of a representative of the Albemarle County Planning Department, the Albemarle County Engineer's Office, the Albemarle County Service Authority, the Albemarle County Fire Marshal's Office, the Virginia Department of Health, the Virginia Department of Highways and Trans- portation, and the United States Department of Agriculture Soil Con- servation Service. In addition, two members of the Albemarle County Planning Commission, to be designated by the Chairman thereof, shall serve as ex-officio members of this committee. The committee shall have the power to make rules for the regulation of its business, subject to the approval of the Planning Commission. Dr. Iachetta seconded the motion and same carried by the following recorded vote: AYES: Messrs. Dorrier, Fisher, Iachetta, Lindstrom and Roudabush. NAYS: None. ABSENT: Mr. Henley. Agenda Item No. 8. Resolution of intent to amend Chapter 18 of the County Code to provide for subdivision plat review by the Site Review Committee. (Advertised in the Daily Progress, April 4,-1979 and April 11, 1979. Mr. Tucker noted that this resolution had been withdrawn by the Planning Commission and no action was required by the Board. At this point, Mr. Fisher took up the items that were carried over from the afternoon meeting of April 18, 1979. Agenda Item No. 13. Approval of Minutes of January !0, 1979. Dr. Iachetta read the minutes and asked that on page 122, the word "lumens" be added to the description of the two 7,000 mercury lights. Dr. Iachetta moved that the Minutes be approved as amended and Mr. Lindstrom seconded the motion. The foregoing motion carried by the following recorded vote: 273 April 18, 1979 (Regular Night Meeting) Agenda Item No. 12. Appointments. Ordered carried over. Dr. Iachetta moved that the Industrial Development Policy be adopted as amended in work sessions to date and Mr. Roudabush seconded the motion. The foregoings.motion carried by the following recorded vote: AYES: Messrs. Dorrier, Fisher, Iachetta, Lindstrom and Roudabush. NAYS: None. ABSENT: Mr. Henley. (Note: The Policy, as adopted, is set out in full below.) INDUSTRIAL DEVELOPMENT POLICY for ALBEMARLE COUNTY, VIRGINIA WHEREAS, it is the desire and intent of the Albemarle County Board of Supervisors to maintain the uniquely stable and healthy economy of the County; and WHEREAS, it is the desire and intent of the Board that the employment needs of the residents of the County be identified and met; and WHEREAS, on October 19, 1977 the Albemarle County Board of Supervisors, pursuant to the requirement of Virginia Code Section 15.1-454, adopted a revised Comprehensive Plan; and WHEREAS, it is the desire and intent of the Albemarle County Board of Supervisors to encourage industrial expansion in a manner consistent with the recommendations of the Albemarle County Comprehensive Plan and the interests of the residents of Albemarle County, and with a respect for the County's unique character and quality of life; and WHEREAS, the Comprehensive Plan sets forth certain goals and 'objectives, among them being the preservation of the existing quality of life and rural characteristics of the County, and provision for the expansion of existing industry and the location of new industry in such a manner as to 1-Brovide jobs for residents entering the labor force, 2-Maintain a balanced employment mix, and 3-Avoid stimulating rapid population growth; and WHEREAS, the rate of industrial expansion and the location of industrial sites will significantly affect both the rate and patterns of population growth, and the Comprehensi~ Plan recognizing these facts calls for the controlled phasing of industrial rezoning and the preliminary identification of suitable industrial sites throughout the County in accordance with established criteria, NOW, THEREFORE, the Albemarle County Board of Supervisors does her'eby adopt the following policy for Industrial Development: 1. The Board shall direct its appointees, agents and employees to determine actual levels of unemployment among County residents and to identify the types of employment that would meet the needs of those unemPloyed. In addition, all public agencies and institutions shall be encouraged to provide educational opportunities to improve the employment opPortunities for those unemployed and. under employed. 2. A map contained in the Comprehensive Plan identifies those areas which currently meet the criteria and recommendations set forth in the Plan in terms of locational characteristics. Although this map identifies significantly more acreage than the Plan intends shall actually be developed, it does provide for adequate locational flexibility and growth beyond the 1995 target year of the Plan. It is the intent of the Board that any future industrial expansion occur in the areas so identified. 3. The Board shall direct its appointees, agents and employees who may be involved in discussion with prospective industrial citizens ~f the area, to emphasize only those sites identified in the Comprehensive Plan for potential industrial use. 4. It shall be a policy of the Board to facilitate the appropriate industrial use at a rate consistent with the recommendations of the Comprehensive Plan. Speculative rezoning to industrial use shall be~ discouraged. 5. The Board shall, through its appointees, agents and employees, make availabl such information about Albemarle County as may be helpful to industrial prospect seeking such information. In addition, such appointees, agents, and employees 'shall actively solicit the location of desirable industry in Albemarle County when necessary to meet local employment requirements determined pursuant to Agenda Item No. 10. Policy for Industrial Development. Mr. Lindstrom recommended that the paragraph numbered 2 be changed, for clarification of purpose, to read: "A map contained in the Comprehensive Plan identifies those areas which currently meet the criteria and recommendations set forth in the Plan in terms of locational characteristics. Although this map identifies significantly more acreage than the Plan intends shall actually be developed, it does provide for adequate locational flexibility and growth beyond the 1995 target year of the Plan. It l'~t~e~tent.of~he Board that future industrial expansion "~ a~so ~os~e that paragraph numbered 6 be changed occur in the areas so identified. ~;~°~'~ ~ ~ ~ · to read: "The Board shall cooperate with the City of Charlottesville, where such cooperation appears to fulfill common objectives of both communities." He also suggested adding the words "and minimize the tax burden on the general population." to the last sentence of the policy. May 2, 1979 (Regular Night Meeting) April 18, 1979 (Regular N~ ht Meetin ) The Board of Supervisors recognizes that industrial development must serve the interests of the Cbunty~population as a whole. It is the belief of the Board that it is inappropriate for it as governing body of the County to actively encourage or discourage indu~strial development, but that such activity should be carried on by the various agencies, public and private, charged with such responsibility. Finally, it is the desire and intent of the Board to provide for such industrial growth as is necessary to provide meaningful and rewarding jobs for the residents of the County and to do so in a manner that will maintain the quality of-life that is unique to Albemarle County and minimize the tax burden oh the general population. NOT DOCKETED: Mr. Fisher announced a conference on "Trends and Problems in Local Government: A Legislative Review" to be held in Lynchburg on April 23, 1979. Mr. Agnor said that he planned to attend. Mr. Fisher also announced that he had a memo from the Superintendent of Schools requesting that the joint School Board and Board of Supervisors Site Selection Committee be reactivated. The memo stated that it is not necessary to select a site for a new school at this time, it may become necessary to explore the option of relocating Meriwether Lewis School. It also may become necessary to consider expanding the site of one of the schools or the school bus garage. Dr. Iachetta, Mr. Roudabush and Mr. Henley were appointed to serve on this committee. Mr. Fisher asked for volunteers to serve on the Joint Committee for Tourism. Dr. Iachetta and Mr. Dorrier volunteered to serve on this committee. Letters to this effect were sent. to Mr. Charles Smith and Mayor Laurence Brunton. This committee is to work out the details of a tourism program with same being returned for Board and Council action. Mr. Agnor announced that the Charlottesville/Albemarle Airport has been in existence for 25 years. The Airport ~Commission is planning a 25 year anniversary'on May 13th along with the air show. Mr. Fisher announced that the Local Government Officials conference will be held August 19-21. The meeting was adjourned at 8:40 P.M. May '~, 1979 (Regular Night Meeting) A regular meeting of the Board of-Supervisors of Albemarle County, Virginia, was held on May 2, 1979, at 7:30 P.M., in the Albemarle County Courthouse, Charlottesville, Virginia. Present: Messrs. Lindsay G. Dorrier, Jr., Gerald E. Fisher, J. T. Henley, Jr., F. Anthony Iachetta, C. Timothy Lindstrom and W. S. Roudabush. Absent: None Officers Present: Messrs. Guy B. Agnor, Jr., County Executive; George R. St. JOhn, County Attorney; and Robert W. Tucker, Jr., Director of Planning. Agenda Item No. 1. The meeting was called to order .at 7:34 P.M. by the Chairman, Mr. Fisher, who asked for a moment of silence. Agenda Item No. 2. Petition: Sewage Problems Old Forge Road. Mrs. Jean Wheby was present and read the following letter: "To: The Albemarle County Board of Supervisors RE: The need for sewers in the Old Forge Subdivision _Sirs: We wish to present'to you at this time, a petition which states the following: We, the' undersigned, residents and property owners of the Old Forge Subdivision, respectfully request that the significant need for sewers in our neighborhood demands a high priority recommendation by the Albemarle County Board of Supervisors to the Albemarle County Service Authority on behalf of such a project.