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1977-03-16NMarch 16, 1977 (Regular-Night Meeting) A regular meeting of ~he Board of Supervisors of Albemarle County, Virginia, was held March 16, 1977, beginning at 7:30 P.M. in the Alb~marle~County Courthouse, CharlOttesville, Virginia. Present: Mrs. 0pal D. David and Messrs. Lindsay G. Dottier, Jr., Gerald E. Fisher, J. T. Henley, Jr., F. Anthony Iache%ta and W. S. Roudabush. Absent: None. Officers present: County Executive, Guy B. Agnor, Jr.; County Attorney, George R. St. John; and County Planner, Robert W. Tucker, Jr. Agenda Item No. 1. Fisher. The meeting was called to order at 7:40 P.M. by the Chairman, Mr. Agenda Item No. iA. Public Hearing: Amend Section 17-5-8 in the Albemarle County Zon- ing Ordinance and amend the Albemarle County Land Subdivision and Development Ordinance so as to provide for service roads. (Deferred from February 2, 1977.) Because the Planning Commission had not acted on this request, motion was offered by Mrs. David, seconded by Dr. Iachetta, to defer the public hearing on these amendments until May 18, 1977. The motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dottier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 2. ZMA-77-01 Frazier Bell. To rezone 7.29 acres from A-1 Agricultural to B-1 Business. Property located on the north side of Rt. 649 (Proffit Road), 1/4 mile easl of intersection of Rts. 649 and 29 North. County Tax Map 32A, Parcel 02-2. Charlottesville and Rivanna Magisterial Districts. (Advertised on March 2 and March 9, 1977.) Mr. Tucker said the Planning Commission had not acted on this petition. Motion was offered by Dr. Iachetta, seconded by Mr. Roudabush, to defer the public hearing on ZMA-77-01 until April 6, 1977. The_motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 3. SP-77~01 Ronald G. and Barbara A. Vanderveer. To locate a general store (with sale of gasoline as a secondary activity) on 2.44 acres zoned A-1 Agricultural. Property located on east side of Rt. 810, approximately one mile past the intersection of Rts. 810 and 674 at Doylesville. County Ta~ Map 26, Parcel 36. White Hall Magisterial District. (Advertised on March 2 and March 9, 1977.) Mr. Tucker said the property in question is located on Route 810 in the Doylesville are~ near its intersection with Route 672. The area is rural in nature with crossroads type residential development in the vicinity. This site and buildings were used as a general store until approximately four years ago. There is one other general store between Mount Fair and White Hall which is currently vacant. The applicant proposes to reopen this general store and add gas pumps to the site. While the Comprehensive Plan recognizes this area for conservation use, the staff recognizes the desirability of a general store in the area. The Planning Commission, on March 15, 1977, recommended by unanimous vote, approval of S~-77-01 with the following conditions: 1. Approval of appropriate State and Local Agencies. 2. Staff approval of site plan for gas pumps with Fire Marshal approval. Mr. Vanderveer was present in support of the petition. The public hearing was opened. With no one present to speak for or against the petition, the public hearing was closed. Mr. Henley then offered motion to approve SP-77-01 with the conditions recommended by the Planning Commission. The motion was seconded by Dr. Iachetta and carried by the follow- ing recorded vote: AYES: NAYS: Mrs. David and Messrs. Dottier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 4. SP-77-04 John Rogan and Albemarle County Service Authority. To locate a water storage tank on 10,000 sq. ft. lot, located 17S feet west of lot 31, Section 6, Ednam Forest, zoned A-1 Agricultural. County Tax Map 75, Parcel 1. Samuel Miller and White Hall Magisterial Districts. (Advertised on March 2 and March 9, 1977.) Mr. Tucker said the property is located 175 feet west of Lot 31, Section 6, Ednam Forest. The site is a portion of the Ragged Mountain Reservoir property owned by the City of Charlottesville and is heavily wooded. The lots in the immediate vicinity of Ednam Fores1 are undeveloped. This proposal resulted from a study conducted by John MeNair and Associates for Ednam residential planned neighborhood. The proposed 300,000 gallon, 80-foot standpipe would augment water service through increased pressure for fire protection in the existing Ednam Forest, Ednam Village and Boars' Head developments and later for Ednam. The capacity is 100,000 gallons more than necessary to serve these developments; the remainder to serve future potential development in the area. Institutional agreements as to easements, dedi- cation and maintenance have been agreed upon by the applicant, the City and the Service Authority. Mr. Tucker said the Planning Commission on March 1, 1977, by unanimous vote, re- commended approval of this petition with the following conditions: March 16, 1977 (Regular-Night Meeting) 1. Site plan approval by the Planning Staff. Specifications of the standpipe tO be approved by the County Engineer and Service Authority. Present were Mr. E. E. Thompson,.Executive Director of the Albemarle County Service Au- thority and Mr. Rogan. Mr. Thompson said the over-all plan for E'dnam and Ednam Forest requires a 200,000 gallon storage tank. This meets the fire flow requirements requested by the Board at the time Ednam was approved. Mr. Fisher asked if this system will tie in with the ~xisting water distribution system in the Ednam Forest and Boars' Head vicinity. Mr4 Thompson said yes, that has been provided for by a proper line sizing. The lines have alread~ been laid to accommodate joint use of the tank and provide the necessary pressures all the way back to Ednam. Mr. Roudabush asked if the Albemarle County Service .Authority will take over ownership and operation of this system. Mr. Thompson said yes. Once it is approved, installed, inspected and tested, it will be dedicated to the Service Authority. Mr. ~isher asked how these improvements are being funded. Mr. Thompson said the Service Authority is contributing funds in order to get an additional 100,000 gallons of storage and the pipe laid in places where they feel it will be the most advantageous. Mr. Rogan said the final arrange. ments have not yet been completed with Mr. and Mrs. Kellogg who own Ednam, but it has been agreed in general that Ednam will fund $100,000, Ednam Forest $100,000 and the Albemarle County Service Authority $15,000. Board approval of this petition is needed before the con- tract is signed. At this time the public hearing was opened. hearing was closed. With no one rising to speak, the public Motion was offered by Dr. Iachetta, seconded by Mr. Roudabush, to approve SP-77-04 with the conditions recommended by the Planning Commission. The motion carried by the following recorded vote: AYES: Mrs. 'David and Messrs. Dorrier, Fisher, Henley, Iaehetta andRoudabush. NAYS: None. Agenda Item No. 5. Public Hearing: Resolution of intent to amend the B-1 Business District to provide for all uses which are provided for in the R-3 Residential General District. (Advertised on March 2 and March 9, 1977.) Mr. Tucker said at it's meeting on March 1, 1977, the Planning Commission directed the staff to develop amendments to the B-1 Zone necessary to accommodate the residential use re- quested by Worrell Newspapers Incorporated. The staff treated this directive as a resolution of intent to amend and has developed two proposals which would accommodate Worre!l's request: 1. Amend the B-1 Zone to provide for boarding house~ by special use permit to read: $ection 7-1-42 (12) Boarding Houses. Amend the B-1 Zone to provide for all R-3 residential uses by special per- mit to read: Section 7-1-42 (12) Unless such uses are otherwise provided in this Article, USES PERMITTED in Article 6, RESIDENTIAL GENERAL DISTRICT, R-3, in compliance with regulations set forth therein, or conditions established pursuant to Section 11-13. Of these two proposals the staff prefers ~mending the B-1 Zone to provide for R-3 uses not only to accommodate Worrell's request, but also to provide increased flexibility in the B-1 Zone. The Albemarle County Zoning Ordinance is an exclusive rather than a cumulative ordinance. If a use is not specifically stated in a zone, the use is prohibi~dr.whether or not such use is provided in a less intensive zone. The cumulative approach would provide less intensive alternatives to the development of vacant B-1 property. Additionally, this amendment would provide for several commercial and semi-commercial uses. not currently in the B-1 Zone. Since R-3 uses would be by special permit, the Planning Commission and Board of Supervisors would have review of such uses as to appropriateness on a case by case basis. Mr. Tucker said on March 1, 1977, by unanimous vote, the Planning Commission recommended amending the B-1 Zone to provide £or all R-3 residential uses by special permit with the definition as follows: Section 7-1-42 (12) Unless such uses are otherwise provided in this Article, USES PERMITTED in Article 6, RESIDENTIAL GENERAL DISTRICT, R-3, in compliance with regulations set forth therein, and such conditions as may be imposed pursuant to Section 11-13. Mr. Tucker said originally Worrell applied for a permit for an accessory dwelling aceommoda- tion~ for their personal use. However, they wanted something that would accommodate over- night guests rather than employees. That is the reason for this proposed amendment to the Zoning Ordinance. Mr. Fisher said if this permit is approved, Worrell will have two permits on the same property and this would be the most lenient of the two. Dr. Iaehetta felt the Board should vacate the first permit. At this point the public hearing was opened. First to speak was Judy Bazin who said she was speaking for the amendment because of the benefits this would give to the family-type business. This amendment would help cut through a lot of red tape because a site plan would not be needed immediately for the business portion of the property. This would allow time for a person to move in and do work on his own to help develop the business. Mr. Dennis Rooker, present for the applicant, said this amendment would give the Board some flexibility in considering R-3 uses in the B-1 Zone. He felt there are other R-3 uses which are not unappealing. At this time the public hearing was closed. March 16, 1977 (Regular-Night Meeting) Mr. Fisher said it is obvious that approval of this amendment would broaden the use of a large amount of land presently zoned B-1 that probably could not be rezoned to residential. If this amendment is adopted, there will be a lot of special permit requests under this section coming to the Board so the Board should consider this amendment carefully. Mr. Roudabush said he felt this amendment would held reduce the danger of spot zoning caused by someone wanting to use B-1 property for other than B-1 uses. Mrs. David noted that the Board had already amended the ordinance to provide for living accommodations in the M-1 Zone as a use by right. This amendment is recommended as a use by special permit. If this amendment is adopted, any R-8 uses in the B-1 Zone, whether by right or special permit would now require a special permit. She felt it would be clearer to just state: "Section 7-1-42 (12) Ail uses permitted in the R-3 district by right or by special permit". Mr. St. John said there is a problem with that definition since some uses allowed in the R-3 Zone are already allowed in the B-1 Zone as a use by right. By just using Mrs. David's language it would state in one part of the B-1 Zone that a use is a use by right and in another section it would state that the same use is a use by special permit. Mrs. David said she would reserve the right to see this matter corrected in the revised Zoning Ordinance. Motion was then offered by Dr. Iachetta, seconded by Mr. Dottier, to amend ~he Zoning Ordinance by including Section 7-1-42 (12) with wording as recommended by the Planning Commission. The motion carried by the following recorded v~te: AYES: Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. ABSTAINING: Mrs. David. Agenda Item No. 6. SP-77-05 Worrell Newspapers Incorporated, To locate a rooming and boarding house on 50.5648 acres zoned B-1. Property located on the south side of Route 250 at Pantops Mountain. County Tax Map 78, Parcel 20D. Scottsville and Rivanna Magisterial Districts. (Advertised on March 2 and March 9, 1977.) Mr. Tucker said the property in question is located on the south side of Route 250 East on Pantops Mountain. The site is a portion of Pantops Farm and contains the main house and several outbuildings. This is currently the corporate offices of Worrell Newspapers. This application is a follow-up to the applicant's previous request for an accessory dwelling accommodation approved by the Board of Supervisors on February 16, 1977. The applicant is requesting this boarding house to house out-of-town employees and clientele. The cottage would have one accommodation as well as communal dining and living facilities. Three accommodations are proposed in the silo. Mr. Tucker said on March 1, 1977, by unanimous vote the Planning Commission recommended approval of this petition with the following conditions: 1. Approval of appropriate State and Local Agencies. 2. Approval of Building Official and Fire Marshal. Mr. Fisher said when the previous permit was approved, the Board had worked out a set of conditions which were more complete than the ones recommended for this permit. He asked if this permit is approved on the same property, if it is the intent of the applicant to use the existing buildings? Dr. Iachetta said the conditions worked out for the original permit were arrived at because the request was for an accessory use category. He felt that the other permit should now be vacated. Mr. Fisher said this request is to locate a rooming and boarding house. This house could have as many as 200 rooms. Mr. Tucker said he thought the Board could limit the request to the application; four-dwelling units. Mr. St. John said he had a problem with this whole procedure. Worrell has been pushed from pillow to post and gone through several procedures. The definition of a boarding house is where lodging andRfood are provided for compensation. This does not seem to fit what Worrell wants to do with the property. Mr. St. John said he felt it would be better if this were handled as an accessory to the main property. In the future, the Zoning Administrator should decide whether a use is an accessory to a given piece of property and if it is an accessory, it does not need a special permit. Mr. Dennis Rooker, present for the applicant, said there is nothing in the R-3 Zone where their application fits, therefore, the Zoning Administrator said he felt they would fall into this category. Mr. St. John said he did not want to secnnd guess the Zoning Administrator and he sent a letter to Worrell the other day saying the County Attorney's Office would abide by She Zoning Administrator's decision. If the Zoning Administrator feel~ this is the comrect category, the Board can include the same conditions on this permit as were included on the original permit. By doing that it will allow people other than employees of Worrell to use these accommodations. Mr. Fisher asked Mr. Rooker if he would confirm their proposed use of the property. Mr. Rooker said they only want this special permit in order to allow clients to visit their property. At this time the public hearing was e!osed, and motion was offered by Mr. Roudabush, seconded by Mr. Henley, to approve SP-77-05 with the following conditions: Approval of appropriate State and local agencies including local health department. 2. Approval of Building Official and Fire Marshal. Use to be confined to existing buildings with one accommodation, dining and living ficilities in the existing cottage and three accommodations in the silo. 4. The applicant may not charge fees for the facilities. 5. This permit supersedes special permit number 102-76. March 16, 1977 (Regular-Night Meeting) The motion carried by the following recorded vote: AYES: Messrs. Dottier, Fisher, Henley, Iaahetta and Roudabush. NAYS: None. ABSTAINING: Mrs. David. Agenda Item No. 7 had been changed to Agenda Item No. 1~. Agenda Item No. 8. Appeal of Zoning Administrator's decision re: (allowed by Section 7-7 of the Albemarle CountY Code). Moratorium ~rdinance Let~er dated March 11, 1977 from Mr. Frank A. 0rban, III was received. "Pursuant to the instructions I have received, we shou%d like herewith to request the County Board of Supervisors to review the decision of the Zoning Administrator in accordance with Section 7-7 of the Albemarle County Code. Attached is an en- largement of a topographical survey map of Lot Number 9 of the platted and approved subdivision known as Lockridge. Indicated on'~the map you will find the 150-foot setback line approved by the County Planning Board and so recorded. It should be noted that the 150-foot setback was made as a specific exception to the over-all setback for the general development in view of the unique shape and contours of Lot 9. The attached map in addition contains lines showing where the 200-foot setback line would fall and the proposed location of our single-dwelling house, including side views of the house and drainage patters a~ the various setback ~ .... lines. It should also be noted that an existing road would be rendered uaeless if the 200-foot setback were applied, th~s requiring additional disruption of the land and tree cover. Because of the topography of Lot 9, the additional 50-foot setback require- ment destroys the view of any house, pushed the structure over the side of the knoll, crowds the leech field area and as indicated above, requires gre~ter dis- ruption of the land. Finally, it will be noted that the distance from the shore line far exceeds 200 feet if measured along the contour of the land, but only the horizontal measurement crowds the house. The 150-foot line effects drainage little; if at all. We would appreciate the Board of Supervisors, in accordance with its proce- dures, to permit a variance so as to allow the proposed house to be constructed as indicated on the attached map; that is to say to extend up to the originally approved and platted 150-foot setback line. We are prepared to accept any reasonable additional requirements which the Board might see fit to propose. For your information it is our intention not to disturb tree cover where at all possible. Also the house was sited sufficiently far back as not to disturb the scenic aspects from other advantage points. These and other environmental con- siderations have been carefully weighed by the architect. Were it not for the unique legal situation out of which the ordinance concerned springs, normal relief mechanisms through'~e Board of Zoning Appeals would lie. The implementation of the ordinance perhaps inadvertently excluded this normal route and has required us to request the variance from the Board of Supervisors". Memorandum dated March 10, 1977 from J. Benjamin Dick, Zoning Administrator was noted received: "The Zoning Administrator has carefully reviewed your proposed housing site near the South Rivanna Reservoir and researched the request for any avenue of relief from the provisions of the County Ordinance enacted to pro- teat the quality of water in the Rivanna Reservoir. The Zoning Administrator is the County official responsible for the administration and enforcement of Chapter 7 of the Code of Albemarle. Chapter 7 of the Albemarle Code composites two separately enacted County ordinances and since they are separate ordinances they have not been deemed as part of the Zoning Ordinance. Therefore, variance from Chapter 7 to the Board of Zoning Appeals would be inappropriate since the Board of Zoning Appeals has no jurisdiction. The County Attorney's Office has verbally affirmed the Zoning Administrator's conclusion. The Zoning Administrator is without authority to allow less of a set- back than the setback required for any single-family residence near the Reservoir. Single-family residences are exempted from the Reservoir Ordi- nance restrictions per Section 7-13(A) of the Albemarle County Code, provid- ed no activity related thereto is permitted within 200 horizontal feet of the edge of the Reservoir at normal pool. Therefore, the Zoning Administrator must deny your proposed setback designated by a building line that was previously established by County approval on the Subdivision Plat called Lockridge, dated July 15, 1975 and revised October 29, 1975. The Reservoir Ordinance has been deemed to supersede the previously approved building line of 150, feet. Regarding any relief, Section 7-7 of the Code of Albemarle states, "any person who is aggrieved by any action of the Zoning Administrator im disapprov- ing plans or specifications submitted pursuant to this Chapter, or in the interpretation of the regulations of this Chapter shall have the right to apply for and receive a review of such action by the Board of Supervisors ..... " Mr. James Gerke, building contractor, was present on behalf of Mr. 0rban. He said this was a five-acre parcel, but his client believes this to be the best building site on the lot and therefore requests this waiver. March 16, 1977 (Regular'Night Meeting) Mr. St. John said there is no variance from the terms of this ordinance. This is a part of the Soil Erosion Control Ordinance and was specifically written outside of the Zon- ing Ordinance in order to avoid variances. The purpose of the appeals section is so the Board of Supervisors can have a final review short of any filing in the Circuit Court. Also this section is available to a person who wants to situate a house on a specific~place on his parcel, and that person feels the Zoning Administrator is wrong 6n distances. If the Board found as a matter of fact, that this site is not'within 200 horizontal feet of the Reservoir, this is not an interpretation of the ordinance,'but a review'of the facts on which the Zoning Administrator based his decision. Mr. St. John said he agrees with Mr. Dick that the Zoning Administrator does not have the power to agree to or grant a departure from the terms of the ordinance. If he imposed something on this person that the ordinance did not require, the Board could overrule him, therefore the appeal before the Board tonight is necessarily the correctness of the Zoning Administrator's deeislon. This body has no power to change his muling if the Zoning Administrator had no power to make any other ruling Mr. Henley said he could see no hardship involved in this case and offered motion to affirm~the decision of the Zoning Administrator. The motion was seconded by Dr. Iachetta and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dottier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 9. Skipped Agenda Item No. 10. Approval of Minutes: May 24, 1976 (afternoon). Motion was offered by Dr. Iachetta, seconded by Mr.. Dottier, to approve the minutes as presented. The motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and RoUdabush. None. Agenda Item No. 11. Correction to Minutes of 'July 2, 1975. Memorandum was received from the Clerk stating that an error had been found in the minutes of July 2, 1975, page 171, Minute Book '18. In adopting Article 17, Site Development Plan Ordinance, the motion was inadvertently stated to read: "Repeal existing Sectio~ 6-9-1, 7-7-1, 8-2-1 and 9-2-1 of the Albemarle County Zoning Ordinance". In reality, after researching tapes and notes, the motion should have stated, "To repeal existing Sections 6-9, 7-7, 8-2 and 9-2 in their entirety"'. The Clerk asked for,~a motion to correct the minutes of July 2, 1975. Motion to this effect was offered by Mr. Henley, seconded by Dr. Iachetta and carried by the follow- ing recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iaehetta and Roudabush. None. Agenda Item No. 12. Lottery Permit for the Sigma Chi Fraternity, University of Virginia, for the calendar year 1977, was approved, on motion by Dr. Iachetta based on the Board's rules for issuance of such permits~ The motion was seconded by Mr. Dottier and carried by the following recorded vote: AYES: NAYS: Mrs. DaVid and Messrs. Dottier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 18. received as information. Report of County).Executive for the month of February, 1977 was The Board returned to Agenda Item No. 9: Appointment MPSC Planning Council. Mr. Dottier said this was the former Neighborhood Youth Corps. He has reviewed a report on the Summer Job Program. Last year they placed 885 area youths in jobs. They had an operating budget of $256,8?9 and served all of the Planning District 10. A survey was made of ~the youths who had participated in the Job Program and it was recommended that local governments provide more jobs ~nd funding for summer programs. It is also recommended that the program be extended over the entire school year and that more jobs be created. Mr. Dorrier said he would like to recommend for this appointment, Mr. Charles Armstrong, incoming principal of Western Albemarle High School. He then offered motion tolappoint Mr. Armstrong. The motion was seconded by Mrs. David and carried by the following r~corded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Ia~hetta and Roudabush. NAYS: None. Not Docketed: Mr. Fisher said he attended City CounCil meeting last Monday night. The Convention Bureau was discussed. City Council has indicated that they do not intend to pro- vide any interim funding from January to June of 1977 unless the Board decides to pay it's share. He said a specific request will be coming from the Convention Bureau in the near future. Mr. Fisher noted receipt of a copy of the Charlottesville Fiscal Study made by Dr. Knap~ of the University of Virginia for the Central ~rban Observatory. He said he had requested copies for the other Board members. 107 March 16, 1977 (Regular-Night Meeting) Dr. Iachetta said the Seminole Trail Volunteer Fire Company is having a fund raising meeting on Saturday, March 19, 1977, at 1~:00 A.M. at the Aldersgate Methodist Church. They have estimated that they need $250,000+ dolIars to put up a building and buy equipment. Agenda Item No. 14. At 9:15 P.M., motion was offered by Mr. Dottier, seconded by Mr. Henley to adjourn this meeting until March 23, 1977, at 1:30 P.M. in the Board Room. Motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None.