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1975-07-237-23-75 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on July 23, 1975, at 7:30 P.M. in the Albemarle County Courthouse, Charlottesville, Virginia. PRESENT: Messrs. Stuart F. Carwi!e, Gerald E. Fisher, J. T. Henley, Jr., William C. Thacker, Jr., Gordon L. Wheeler, and Lloyd F. Wood, Jr. OFFICERS PRESENT: Messrs. T.M. Batchelor, County Executive; John Humphrey, County Planner; Frederick Payne, Deputy County Attorney; and George R. St.John County Attorney. Mr. Wheeler called the meeting to order, and requested Mr. John Humphrey, County Planne~, to read all items on the agenda to be deferred to future dates. Mr. Humphrey proceeded to read the items in order as presented on the agenda: No. 1. ZMP-316 and SP-446, Holy Comforter Catholic Church. (deferred from June 18, 1975) Mr. Humphrey stated a letter was received from the applicant requesting the item to be deferred for at least six weeks. No one from the public was present to speak either for or against the request. Mr. Carwile said he was abstaining from the vote on this item. Motion to defer until September 10, 1975 was offered by Mr. Wood, seconded by Mr. Thacker, and carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. ABSTAIN: Mr. Carwile No. 10. ZMP-326, Salasco Service Corporation, request to rezone 13..95 acres from R-2 Resi- dential to R-3 Residential. Property on east side of Hydraulic Road and described as County Tax Map 61, Parcel 36, part thereof (as advertised in the Daily Progress on July 2 and 9, 1975.) Mr. Humphrey stated the applicant has requested withdrawal without prejudice. No one from the public wished to speak either for or against this petition, and Mr. Wood made motion for withdrawal of the petition without prejudice. Motion was seconded by Mr. Carwi!e, and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 11. ZMP-327, Edward C. Dudley, request to rezone 3.966 acres from A-1 Agricultural to B-1 Business. Property on east side of Route 742 (Avon Street Ext.) and described as County Tax Map 90, Parcel 35B (as advertised in the Daily Progress on July 2 and 9, 1975). Mr. Humphrey stated the applicant telephoned him and requested the petition be withdrawn without prejudice. He then added a letter confirming the telephone call was expected in the next days mail. No one from the public wished to speak either for or against this petition, and motion to withdraw without prejudice was offered by Mr. Thacker. Second to the motion was made by Mr. Fisher, and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 14. SP-499, Peacock Hill Limited Partnership, request to locate a central water and sewer system on 336 acres zoned A-1 Agricultural (Planned Community). Property on west side of Route 708 and north side of 1-64. Also described as County Tax Map 73, Parcels 29, 29D and 29F (as advertised in the Daily Progress on July 2 and 9, 1975). Mr. Humphrey stated the Planning Commission has not yet acted on this Special Permit request, and asked for deferral until the second meeting in August. No one from the public wished'to speak either for or against this petition, and motion to defer- until August 27, 1975 was offered by Mr. Thacker, seconded by Mr. Carwite, and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 15. SP-500, L. I. Associates, request to locate a central welt on 10 acres zoned A-1 Agricultural. Property on north side of Route 706 and described as Cgunty Tax Map 89, Parcel 80A (as advertised in the Daily Progress on July 2 and 9, 1975). Mr. Humphrey said the applicant has requested deferral until the first night meeting in August. No one from the public wished to speak either for or against the petition, and motion was offered by Mr. Thacker, seconded by Mr. Fisher to defer this item until the August 13, 1975 meeting. Role was called and motion carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 16. SP-501, American Pre-School Centers, request to locate a private educational insti- tution on part of 47.33 acres zoned B-1 Business. Property on east side of Route 29 North and described as County Tax Map 61, Parcel 135B (as advertised in the Daily ?rogress on July 2 and 9, 1975). Mr. Humphrey said the applicant has requested this petition be withdrawn. No one from the public wished to speak either for or against the petition, and motion was offered by Mr. Wood, seconded by Mr. Thacker to allow withdrawal of the petition without prejudice. Role was called and motion carried by the following recorded vote: AYES: NAYS: Messrs. Carwite, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 17. SP-502, Virginia Marie Walker, request to locate a mobile home on 22.58 acres zoned A-1. Property on east side of Route 616, County Tax Map 80, Parcel 74 (as advertised in the Daily Progress on June 17 and 24, 1975). Mr. Humphrey said the Planning Commission has not yet acted on this petition, and requested deferral until the first meeting in August. 7-23-75 Miss Virginia Marie Walker was present, and Mr. Wheeler explained to her. the reason her request was being deferred. Motion was then offered by Mr. Carwile to defer until August 13, 1975. Motion was seconded by Mr. Wood and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 21. Amendments to the Albemarle County Zoning Ordinance to: a) amend Section 5-5-1 of the R-2 Residential zone in order to clarify the side yard requirements for two-family dwellings, and b) to amend Sections 5-1-1 and 6-1-1 of the R-2 and R-3 Residential zones concerning accessory buildings (as advertised in the Daily Progress on June 25 and July 2, 1975). Mr. Humphrey stated items (a) and (b) were not completed by the Planning Commission, and they requested deferral until August 13, 1975. Motion was made by Mr. Carwile, seconded by Mr. Wood to defer public hearing on these amend- ments until August 13, 1975. Motion carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 22. Amendments to the Albemarle County Land Subdivision and Development Ordinance to (a) amend Section 1 - Definitions, Words and Terms (b) amend Section 1-54 which is a rewording of the definition of SUBDIVISION (as advertised in the Daily Progress on June 25 and July 2, 1975). Mr. Humphrey stated items (a) and (b) were not completed by the Planning Commission, and they requested deferral until August 13, 1975. Motion was made by Mr. Carwile, seconded by Mr. Wood to defer public hearing on these amendments until August 13, 1975. Motion carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker,. Wheeler and Wood. None. No. 24 Albemarle County Service Authority Note and No. 25 Report from Restricted Roads Com- mittee. Mr. Wheeler requested these two items be deferred until such time as the agencies were ready to present their information to the Board. No. 2. UP-75-07, to amend the Albemarle County Zoning Ordinance to allow for Limited Horse Trailer Sales in the A-1 Agricultural Zone with a special use permit under Section 2-1-25(18.2) (agenda items 2, 3 & 4 advertised in the Daily Progress on June 25 and July 2, 1975) Mr. Humphrey said agenda items 2, 3, and ~ should be discussed together butf voted on separately, as they are all interrelated. Mr. Humphrey said since there were no provisions for horse trailer sales in the Zoning Ordinance under the A-1 Agricultural, zone, the staff developed a definition (agenda item #3). Mr. Humphrey said the Planning Commission has only acted on UP-75-07, although the definition and SP-478 were reviewed. He added the Planning Commission recommended denial of items 2, 3 & 4, for fear of setting a precedent possibly allowing heavy industrial sales in similar locations. Mr. Cole E. Digges, ZZi,%rth~iapp~ic~fi~ was present, and stated to the Board that he only intended to have two or three trailers on the premises at one time. It would not be a wholesale operation or drop-off point of any kind. No one else from the public wished to speak to agenda items 2, 3, or 4, and Mr. Wheeler declared the public hearing closed. Mr. Humphrey added the staff considered the sale of horse trailers compatible with the A-1 Agricultural zone, and had recommended approval of the request under the special use permit pro- visions. Mr. Thacker commented that the sale of horse trailers was definitely an agricultural related business, and that it is completely different from other agricultural truck or. implement sales. Mr. Thacker then offered motion to approve request UP-75-07 and amend the Zoning Ordinance to allow limited horse trailer sales in the A-t Agricultural zone with a special use permit as per Section 2-1-25(18.2). Motion was seconded by Mr. Wood. Mr. Frederick Payne, Deputy County Attorney, commented he felt it was not a good idea to put specific limitations in the definition relating to trailer sales because of a recent Supreme Court ruling on a similarly related case. He felt any limits made in the granting of the special permit should be in the form of conditions. There was no further discussion, role was called, and motion was carried by the following recorded vote: AYES: NAYS: Messrs. Carwite, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 3. Section 16-44-2, Definition of Limited Horse Trailer Sales, ~ Mr. Humphrey said the information covered in this pro.posed definition could more adequately be covered in conditions placed on the special permit. The Board agreed with Mr. Humphrey, and took no action on adopting a definition. No. 4. SP-478 Cole E. Digges, III (deferred from June 18, 1975) staff report: Mr. Humphrey read from the This property is located on the north side of Route 648, approximately one mile east of Route 22 North. The property is rural in character with many single-family residences located along Route 648. The property in question is pastureland and slopes downward away from the state road. Structures on the property consist of a single-family dwelling and a barn. The applicant wishes to locate a maximum of three horse trailers on his property for sale. The staff feels that since this use is agriculturally oriented, and the fact that it is to be located in an area where the raising and riding of horses is a major occupation, this use would be compatible. We do feel, however, that the existing residential character along Route 648 must be protected, and in order to do this, we recommend that approval of this special use permit be conditioned as follows: Maximum of 3 horse trailers be located on the property at any one time, Ail horse trailers to be located within the barn or some other structure, Signing be limited to one four square foot sign. 7-23-75 907 Mr. Marzano, a neighbor of Mr. Digges, said he had no objection to the proposed use. else from the public wished to speak, and Mr. Wheeler declared the public hearing closed. No one Mr. Thacker offered motion for approval of SP-478 with the three conditions as stated in the staff r~port. Motion was seconded by Mr. Wood, and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 5. Orchard Acres Section Iii, resolution accepting into State Secondary System. was offered by Mr. Henley, seconded by Mr. Wood, to adopt the following resolution. Motion BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the Virginia Department of Highways be and is hereby requested to accept into the Secon- dary System of Highways, subject to final inspection and approval by the Resident Highway Department, the following roads in Section III of "Orchard Acres": Peach Tree Drive: beginning at Station 5+30 to intersection with Cling Stone Lane (Station 8+14) for a length of 284 feet. Orchard Drive: beginning at Station 4+00 to intersection with State Route 684 (Station 15+80) for a length of 1,180 feet. Cling Stone Lane: beginning at intersection with Peach Tree Drive to the intersection with Orchard Drive for a length of 540 feet. BE IT FURTHER RESOLVED that the Virginia Department of Highways be and is hereby guaranteed a 50 foot unobstructed right-of-way and ~inage easements along these re- quested additions as recorded by plat in the Office of the Clerk of the Circuit Court of Albemarle County in Deed Book 554, Page 331. Role was called and motion carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 6. Ordinance to vacate a portion of a designated public road in West Leigh Subdivision, known as Cumberland Road, extending from the intersection thereof with West Leigh Drive thence northwesterly to the northwesterly boundary of the said property between Lots 18 and 19 of Section 1 of West Leigh Subdivision. This public road is shown on plat recorded in the Clerk's Office of the Circuit Court in Deed Book 355, pages 277 and 279 (as advertised in the Daily Progress on July 2 and 9, 1975). Mr. Robert Wittnebel, an adjoining property owner and member of the West Leigh Property Owners Association for Section I, said he had no objection, and was aware of no objection by any property owner in West Leigh. No one else from the public wished to speak either for or against this request, and Mr. Wheeler declared the public hearing closed. Mr.~ Fisher offered motion to adopt the ordinance which follows: AN ORDINANCE VACATING A PORTION OF A DESIGNATED PUBLIC ROAD IN WEST LEIGH SUBDIVISION, ALBEMARLE COUNTY, VIRGINIA: SUCH PUBLIC ROAD KNOWN AS CUMBERLAND ROAD EXTENDS FROM THE INTERSECTION THEREOF WITH WEST LEIGH DRIVE THENCE NORTHWESTERLY TO THE NORTH- WESTERLY BOUNDARY OF THE SAID PROPERTY BETWEEN LOTS 18 AND 19 OF SECTION 1 OF WEST LEIGH SUBDIVISION. THIS PUBLIC ROAD IS SHOWN ON PLAT RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT IN DEED BOOK 355, PAGES 277 AND 279. WHEREAS, a certain tract or parcel of land lying in Albemarle County, Virginia, has been heretofore subdivided under the name of West Leigh Subdivision, the plat of which is of record in the Office of the Clerk of the Circuit Court of Albemarle County, Virginia, in Deed Book 355, pages 275 et seq.; and WHEREAS, there is shown on the said plat, in D~ed Book 355, pages 277 and 279 a public road designated "Cumberland Road" which extends~ from the intersection thereof with West Leigh Drive thence northwesterly to the northwesterly boundary of the said property; and WHEREAS, there is shown on the said plat a cul-de-sac or turn-around in the said Cumberland Road; and WHEREAS, certain owners of lots in the said subdivision have petitioned the Albemarle County Board of Supervisors to vacate that portion of Cumberland Road lying ketween the said cul-de-sac or turn-around and the northwesterly boundary of the said property; NOW THEREFORE, BE IT ORDAINED by the Board of County Supervisors of Albemarle County, Virginia, as follows: Section 1. That the subdivision of West Leigh shown on a plat'recorded in the Clerk's Office of the Circuit Courv~of Albemarle County, Virginia, in Deed Book 355, pages 277 and 279, be, and the same hereby is, vacated as to that portion of Cumberland Road lying between the cul-de-sac t-hereof thence northwesterly to the northwesterly boundary of the said property between Lots? 18 and 19 of Section 1 of West Leigh Subdivision; provided, however, that there is hereby reserved from the operation of this Ordinance an easement twenty (20) feet in width~for the maintenance of the facilities of the Albemarle County Service Authority lying in and upon the subject property, it being the intent of the said Board of Supervisors that the said property remain subject to the aforementioned easement. Section 2. The vacation set forth in Section 1 of this Ordinance shall in no way vacate any other street, road, right-of-way or lot duly platted and recorded on the aforementioned plat. Section 3. Pursuant to Section 15.1-485 of the Code of Virginia (1950), as amended, the. Clerk of the Circuit Court of Albemarle County, Virginia, shall write in plain legible letters across the vacated portion of the aforesaid plat the word "VACATED", and also 7-23-75 AYES: NAYS: shall make reference on the same to the volume and pages in which the. instrument of vacation is recorded. Section 4. 23, 1975. Such vacation of a portion of the aforesaid plat shall be"effective on July Second was made by Mr. Henley and carried by the following recorded vote: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 7. Public Hearing, to amend and reenact Section 4-13.1, Chapter 4, Article II, of the Albemarle County Code by the addition of Northfields Subdivision as one of those areas designated where dogs are prohibited from running at large (as advertised in the Daily Progress on July 9 and 16, 1975). The first four speakers, Messrs. Robert Franklin, Harold Taylor, Lynwood Coffman and Corbett Reedy all stated they were against the enactment of the dog leash law. Mr. Taylor presented a petition to the Board containing names of 137 homeowners or renters and 12 minors. He contended that this petition represented 40%-of the entire Northfield population, and that these people were against enactment of the Dog Leash law. Mrs. Karen Brown said she has three small children, and would prefer the protection afforded by the enactment of the dog leash law. Ms. Mary North said she was opposed to the enactment of the ordinance, as many home owners feel their dogs aid in the protection of their homes and property. Mr. Ed Hickson and Mr. McMaster stated they werein favor of the adoption of the ordinance. They felt it was essential for the protection of children and property. The next two speakers, Mrs. Lillian Sikes and Mr. Harry North, both stated they were oppo'sed to the ordinance. Mrs. Elaine Whitman, said she is a dog owner, but is still in favor of enacting the dog leash law for her protection from neighbors dogs. The next two speakers were opposed to the dog leash law, .Mrs. Ann White, and Mr. Lewis Glass, who both felt the present laws were adequate protection. Mr. Red Kane and Mr. Douglas Harlow spoke next favoring the enactment of the law, stating it was not their responsibility to control other peoples dogs and that everyone in Northfield should try to see the problem from the other persons point of view. The next three speakers, Mr. Doherty, Mr. Pace and Mrs. Ann James were all opposed to the enactment of the dog leash law. The last speaker, Mr. Thomas Strassburg, stated he was in favor of peoples rights, but that the dog leash law should be enacted for protection of those rights. No one else from the public wished to speak either for or against the proposed dog leash law enactment, and Mr. Wheeler declared the public hearing closed. Mr. Wood stated that Northfields Subdivision is in his district, and that he has been in contact with quite a number of people in this area over the dog leash law issue. He noted that the "tally" was very close as to the number of people for and against the laws enactment and felt the law should only be passed if a substantial majority of the people in an area want the law adopted. Mr. Wood thereby offered motion not to include Northfields Subdivision under the dog leash law. Motion was seconded by Mr. Thacker. Mr. Fisher commented that he would not support passage of the dog leash law unless 80% to 90% of the people in the community were in support of the laws adoption. He added that even though the Board may deny-Northfield's request for the dog leash law, this denial does not prevent property owners from bringing back another petition in six months or a year and warned dog owners to try and solve th% problem among themselves. At this point role was called, and motion not to include Northfields Subdivision under Section 4-13.1, Chapter 4, Article II of the Albemarle County Code was adopted by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 8. ZM?-324, Dennis and Betty Stokes, request to rezone 1.22 acres from R-2 Residential to B-1 Business. Property on east side of Hydraulic Road and described as County Tax Map 61, Parcel 36, part thereof. (as advertised in the Daily Progress on July 2 and 9, 1975). Mr. John Humphrey read the staff report: This property is located on the east side of Route 743 (Hydraulic Road), approximately 400 feet south of the intersection of Route 743 and Route 657 (Lambs Road). The property is directly across from Albemarle High School. This parcel was subdivided from the Salasco Service Corp. property and is completely wooded. To the south of the property are three single family dwellings, the vacant unit on the Satasco Service Corp. property and two units in phases of deterioration. To the north is one single family dwelling unit. Georgetown Green and Albemarle High School are located west of this property across Route 743. This parcel falls within the designated Urban Area of the Comprehensive Plan and is suggested to be developed with a mixture of high density and single family dwellings with an average density of 2.5~dwelling units per acre. The property to the immediate south and west of the subject parcel, the Salasco Service Corp. property, is currently zoned R-2 Residential with a pending request for rezoning to R-3 Residential. To the north the property is zoned R-2 Residential. Albemarle High School, Georgetown Green and adjacent properties are zoned A-1 Agriculture and R-3 Residential/B-1 Commercial respectively. 7-23-75 Following are the 24-hour traffic counts for ~segments of Route 743 which are in the vicinity of the subject parcel. These counts were tabulated between July and September of 1974 and are provided by the Department of Highways and Transportation. From Route 29 From Route 1411 From Route 1430 From Route 656 To Route 1411 To Route 1430 To Route 656 To Route 657 8,201 7,560 6,591 6,993 The visibility to the north and south on Route 743 from this parcel is poor, with visibility to the north beinE the most hazardous. There are approximately 208 acres zoned B-1 Commercial within Tax Map 61 as of October, 1973. Currently there are 17.119 acres, either vacant or non-conforming, zoned B-1 within one- quarter of a mile from the property in question. In view of the existing zoning in the area, the recommendation of the Comprehensive Plan, and the existing traffic volume and sight visibility from this property, it is the staff's opinion that to rezone this property would be improper as there is no justification for re- zoning and to do so would not be in the best interests of the general public as it relates to health, safety, and welfare. Therefore, the staff and the Planning Commission recommend denial. Mr. Dennis Stokes questioned the statement in the staff report of poor visibility, and said he could see 300 feet in one direction and 400 feet in the other direction from the Property in question. He then added the type of commercial business he wishes would not be heavy commercial but-probably a dentist.~office or something similar. No one else from the public wished to speak either for or against this petition, and Mr. Wheeler declared the public hearing closed. Mr. Wood stated he realized the reason the Planning Commission recommended denial was due to the uncertainty of Hydraulic Road, since it is being considered for widening. He then added he personally would like to see commercial development instead of more residential to help hold down the traffic problem. Mr. Wheeler asked the applicant if he had immediate plans for the property, and Mr. Stokes said he had only a prospective purchaser, which was a dental laboratory. Mr. Humphrey reviewed the area zoning again for the Board. Mr. Thaoker then offered motion to approve ZMP-324; motion was seconded by Mr. Wood. Mr. Fisher said he could not support the motion due to the comments of the staff and 'the Planning Commission. Mr. Carwile 'said if the applicant had a definite and specific use for the commercial property he might have looked more favorably upon the request, but could not support the motion at this time. Role was called, and motion to approve ZMP- 324 was denied by the following recorded vote: AYES: NAYS: Messrs. Thacker and Wood. Messrs. Carwile, Fisher, Henley, and Wheeler. No. 9. ZMP-325, Eldridge M. Pitman, request to rezone 5 lots from A-1 Agricultural to B-1 Business. Property on north side of RoUte 250 East and described as County Tax Map 79A-1, Block C, LOts 13, 14, 15, 16 and 17. (as advertised in the Daily Progress on July 2 and 9, 1975). Mr. John Humphrey read from the staff report. This property is located on the north side of Route 250 East, approxima.tely one-half mile east of Shadwell Estates. The area is rural in character with single-family residential and non-conforming com- mercial uses located in the immediate vicinity of this property. Those commercial and fraternal uses located nearby include an antique shop, motorcycle shop, and Moose Lodge. The applicant presently maintains a non-conforming commercial use' on one of the parcels being requested for rezoning. Ail adjacent property to the subject parcel is zoned A-1 Agricultural, which is also characteristic of a majority of the surrounding area. The exceptions to the A-t Agriculture zoning in this area are 8.824 acres zoned RS-1 Residential located approximately 3/4 mile west on Route 250 from the subject parcel; 25.92 acres of R-3 Residential approximately one mile west on Route 250 from the subject parcel; and B-1 Commercial Zoning of the southwest quadrant of the intersection of Interstate 64 and Route 22 from Route 250 to Interstate 64. This property is located within the boundaries of the Keswick Community as denoted in the Comprehensive Plan. The Comprehensive Plan designates the area in which the subject parcel lies as suitable for land uses commercial in nature (excluding central shopping or business districts), warehousing or highway uses. In view of the existing commercial uses in the area and the recommendation of the Com- prehensive Plan, the staff recommends approval, however, we limit our approval to only the existi~ng use on lots 14 and 15. The Planning Commission recommends approval of only lots 13, 14, 15, and 16 not 17. Mr. Eldridge ?itman said he hoped the Board would go along with the recommendation of the Planning Commission. He said he spoke to neighbors, and they had no objections to his proposed business use; he added he could not see how this use could possibly hurt anyone. No one else from the public wished to speak either for or against this request, and Mr. Wheeler declared the public hearing closed. Mr. Wheeler said this property was very close to the area of his home, and he would like to recommend to the Board the approval of rezoning lots 13, 14, 15, and 16. He added that the appli- cants home was on lot #17. Motion was offered by Mr. Henley, seconded by Mr. Wood te approve the request for rezoning lots 13, 14, 15 and 16 to B-1. Role was called, and motion carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. 7-23-75 No. 12. ZMP-328, Caleb Stowe, request to rezone .7!~ acres from M-1 Manufacturing to B-1 Business. Property on east side of Berkmar Drive and described as County Tax Map 61U, Parcel 7A. (as advertised in the Daily Progress on July 2 and 9, 1975). Mr. John Humphrey 'read from the staff report. This property is located on the east side of Berkmar Drive, approximately 1,000 feet west of U.S. Route 29 North. This area maintains an urban nature, in that it is located along a street which is pre- sently being developed commercially, The Comprehensive Plan recommends that the future land use of this area be developed in commercial office. The property adjacent to the north and northwest of subject property is zoned B-1. Pro- perty located adjacent, to. the west and south is zoned M-1. Berkeley Subdivision is zoned R-1 and located further to the west of the Berkmar Drive area. This property is proposed for a dental office with laboratory and an insurance office with a printing facility. After consultation with the Zoning Administrator, it was recommended that the applicant request a change in zone, even though portions of the proposed uses are permitted in the M-1 zone. The staff is of the opinion that a change in zoning is proper in view of the existing surrounding zoning and character of development along Berkmar Drive. The staff and Planning Commission, therefore, recommend approval. Mr. Scala was present representing the applicant. He said he had no comments, but would be happy to answer any questions the Board may have. No one else from the public wished to speak either for or against the request, and Mr. Wheeler declared the public hearing closed. Mr. Gerald Fisher offered motion to accept the recommendation of the Planning Commission and approve the rezoning request. Motion was seconded by Mr. Carwile, and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 13. SP-498, Richard E. Bailey, request to locate a central well on 27.14 acres zoned A-1 Agricultural. Property on the north side of Route 676 and described as County Tax Map 42, Parcel t2D. (as advertised in the Daily Progress on July 2 and 9, 1975). Mr. John Humphrey read from the staff report. This property is located approximately one-half mile northwest of Route 676. This area is rural in character with rolling terrain and completely wooded in both deciduous and non-decid- uous trees. In a letter received from Mr. Lanny L. Moore of the C.R. Moore Well Drilling Co., Inc. dated June 3, 1975; he reported "The well was drilled July 9, 1973, the depth of the well is 185 feet deep, 30 foot waterlevel, and five gallons per minute" The applicant presently has two rental units which are being served by an existing well. He wishes to build three additional rental units and provide water' by this existing well for a total of five units being served by one well. The output of this existing well is 5 gpm. The staff recommends approval with the following conditions: 1. Approval of appropriate state and local agencies; 2. County Engineering Department's approval of the location and sizing of the water lines; 3. Any additional use of this well, other than five rental units, will require an additional special use permit. The applicant was present. No one from~the public wi'shed to speak either for or against this request, and Mr. Wheeler declared the public hearing closed. Mr. Fisher asked what would happen if the applicant wished to have the land subdivided at a later time. Mr. Humphrey felt the well would have to be transferred into a utility owned by the property owners. Mr. Thacker felt such a change would void the special permit, as it would constitute a change in use. Mr. Fisher offered motion for approval of the special permit with the conditions recommended by the Planning Commission and staff. He then commented to Mr. Humphrey that in the future he would prefer a 48 hour well pump test and that anything less would not be acceptable. Motion was seconded by Mr. Carwile, and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 18. SP-503, ITT-USTS, Inc., request to locate a micro-wave tower on 2.06 acres zoned A-1 Agricultural. Property on north side of Route 633 and described as County Tax Map 97, Parcel 4A. (as advertised in the Daily Progress on July 2 and 9, 1975). Mr. Fisher stated he wished to abstain from discussion and vote on this item, because the adjacent property is owned by a relative of his. Mr. John Humphrey read from the staff report. This property is located on the north 'side of Route 633 on Heard Mountain, This area is completely rural and somewhat mountainous. There is very little development in' the area. The applicant is requesting a special use permit to replace the existing Transcontinental Gas Pipe Line Corporation tower which is 81 feet in height with a new tower of 150 feet. The staff recommends approval of this replacement tower with one condition that the Federal Avia- tion Administration approve the tower installation (NOTE: Mr. Humphrey said approval from the F.A.A. was received on June 23, 1975). The Planning Commission recommended approval with the added condition that the old tower be removed. Mr. Edward Remington, Project Engineer, said he was representing ITT, and would be happy to answer any questions. Mr. Henley asked if the tower would be put to the same use as the old tower. Mr. Remington said the new tower would be used to transmit telephone and data'and would in no way cause any type of interference in other types of communications. No one else from the public wished to speak either for or against the request, and Mr. Wheeler declared the public hearing closed. Mr. Thacker offered motion to approve the special permit with 7-23-75 the Planning CommissiOn's condition that the old tower be removed. carried by the following recorded vote: Second was made by'Mr. Wood, and AYES: Messrs. Carwile, Henley, Thacker, Wheeler and Wood. NAYS: None. ABSTAIN: Mr. Fisher No. 19. SP-504, Virginia W. and Temple S. Collins, request to locate a mobile home on 10.79 acres zoned A-1. Property on north side of Route 53, approximately 1 mile east of Simeon. County Tax Map 92, Parcel 43. (as advertised in the Daily Progress on June 17 and 24, 1975). Mr. John Humphrey read from the staff report. The majority of this property is located on the north side of Route 53 with a small portion located on the south side of Route 53. It is also located approximately one mile south of Simeon. This area is rural in nature with several single-family residences in the immediate vicinity. The property in question is open grassland along Route 53 and wooded to the rear. There is one single-family dwelling on the property. The existing single-family dwelling is occupied by the sister of the applicant. The mobile home is to be located approximately 50 feet to the north of the existing dwelling. Only the top of the mobile home, if any, will be visible from Route 53. The Planning Commission recommends approval with the following conditions: 3. 4. 5. 6. 7. 8. Minimum setback from right-of-way of Route 53 of 100 feet; Minimum rear yard setback of 35 feet; Minimum side yard setbacks of 25 feet; Skirting around mobile home from ground level to base of mobile home; This permit is issued only to the applicant and is non-transferable This mobile home cannot be rented under any circumstances; Provide and maintain adequate screening from Route 53 required by the Zoning Department; This permit is valid for five years and the mobile home is to be removed or this permit on or before the expiration date; Compliance with all state and local regulatory agencies. Mr. Temple Collins stated he was retiring from being pastor of the nearby church, and wished to continue living in the area hopefully in the mobile home. No one else from the public wished to speak either for or against the request, and Mr. Wheeler declared the public hearing closed. It was noted by Mr. Humphrey that there is presently a mobile home on the grounds, which would be removed when Mr. Collins' mobile home is brought onto the lot. Mr. Fisher asked if the special permit on the old mobile home was automatically voided upon its removal. Mr. Humphrey said he would have to check the wording of the old permit. Mr. Thacker made motion to approve the special permit request with the nine conditions as recommended by the Planning Commission, and a tenth condition that the permit on the mobile home presently occupying the lot be voided upon its relocation. Motion was seconded by Mr. Fisher, and carried by the following recorded vote: AYES: NAYS: Messrs. Carwite, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 20. An ordinance authorizing the Charlottesville Lodge #389 of the Benevolent-and Protective O~d~ 6~.Elk~ thah~l~ere~lnprap~r~y~inc~l~em~r~erCodnt~]~notoexceeding ten acres for purposes of establishing a lodge or clubhouse. (as advertised in the Daily Progress on July 10 and 16, 1975) Mr. Thacker stated he wished to abstain from discussion and vove on this subject. Mr. Herbert Pickford was present representing the the B.P.O.E. He stated that under State Law, organizations such as the Elks cannot own more than five acres of land unless authorized by the local governing body. The local government can authorize up to ten acres. Mr. Pickford said the Elks were negotia- ting for a parcel of land approximately seven acres in size. No one else from the public wished to speak either for or against the adoption of the ordinance, and Mr. Wheeler declared the public hearing closed. Motion was offered by Mr. Carwile, seconded by Mr. Wood to adopt the following ordinance. BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, pursuant to Section 57-20 of the Code of Virginia (1950) amended, that the trustees of Charlottesville Lodge #389 of the Benevolent and Protective Order of Elks be, and they hereby are, auth- orized to hold real property in Albemarle County, not exceeding ten acres for purposes of establishing a lcdge or clubhouse. Motion was carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Wheeler and Wood. NAYS: None. ABSTAIN: Mr. Thacker. No. 23. Deed of Easement, Access over Keene Landfill. Mr. St. John said Mr. Carlton Luck requested right-of-way across the Keene Landfill so he could enter property belonging to he and his wife. Mr. St. John said his office had examined the title to the property, and the history of the roads in that area. He added that many years ago there were a series of roads in the landfill area which no longer are shown on maps. He said Mr. Luck has agreed to accept a permissive right of ingress and egress rather than a legal ri~ht-of-way, and this is what has been drafted for the Chairman's signature. Mr. St. John concluded_ by stating that the Luck's are in full agreement with the document being presented tonight. Motion was then offered by Mr. Thacker to approve the Deed of Easement and authorize the Chairman to sign on behalf of the Board of Supervisors. Motion was seconded by Mr. Fisher, and carried by the following recorded vote: THIS DEED OF EASEMENT, made this 23rd day of July, 1975, by and between ALBEMARLE COUNTY, VIRGINIA, hereinafter called the Landowner, party of the first part, and CARLTON A. LUCK and NANCY W. LUCK, husband and wife, parties of the second part, WI TNES SETH : 7-23-75 AYES: NAYS: That for and in'consideration of TEN DOLLARS ($10.00), cash in hand paid, and other valuable consideration, receipt of which is hereby acknowledged, the Landowner hereby GRANTS and CONVEYS with SPECIAL WARRANTY OF TITLE unto Carlton A. Luck and Nancy W. Luck, husband and wife, an EXCLUSIVE EASEMENT IN GROSS for the purpose of access over the existing roadway across Landowner's land lying in Albemarle County, Virginia, commonly known as the Keene Landfill, and being the same land in all respects conveyed to Landowner by deed of Margaret R. VanClief and Daniel G. YanClief, her husband, dated October 17, 1967, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginig, in Deed Book 435, page 540, which land is more particularly described in said deed. The exact location of said easement in gross shall be determined by the Office of the County Engineer, Albemarle County, Virginia. The easement conveyed herein is a personal easement in gross, and is not appurtenant to any estate in land. WITNESS the following signature and seal. ALBEMARLE COUNTY, VIRGINIA ATTEST: Clerk By Gordon L. Wheeler, Chairman of the Board of Supervisors of Albemarle County, Virginia Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 26. Resolution South Rivanna River Reservoir (wording of resolution set out in minutes of meeting of July 17, 1975). Mr. Fisher's motion to adopt this resolution was still on the floor at the close of the July 17th meeting. Mr. Wheeler said it was his understanding this item was deferred until tonight so the full Board could discuss the resolution. He said he has received a number of letters and telephone calls regarding the reservoir asking that the public be allowed to speak on the matter. Mr. Wheeler then suggested the Board set a date for~a special meeting to discuss the reservoir, being sure it is properly advertised so the public is aware. Mr. Fisher said he wished the Board to take action on the resolution prior to the Planning Commission or staff causing the resolution to become a moot point. He added that if the Board was going to defer action, they instruct the Planning Commission and staff not to take any action in approving high density development in the watershed area of the reservoir. Mr. Wheeler suggested the matter be deferred until Wednesday, August 6, 1975 at 7:30 P.M., in the County Courthouse. Mr. Thacker offered a substitute motion to defer action on the original motion until August 6, 1975 at 7:30 P.M. Motion was seconded by Mr. Wood. Mr. Fisher said he strenuously objected if the Planning Commission was not instructed to withhold approvals of high density construction in the watershed area, thereby causing the resolution to become moot. Role was then called, and mo~tion carried by the following recorded vote: AYES: NAYS.: Messrs. Carwile, Henley, Thacker, Wheeler and Wood. Mr. Fisher Mr. Henley said he voted aye in good faith knowing the Planning Commission would use common sense, and without direct instruction from the Board, withhold approval of high density development in the watershed area. Mr. Wheeler requested Mr. Humphrey to make sure the proper agencies are notified to be present, such as representatives from the State Health Department, Farm Bureau, Rivanna Water & Sewer Authority, the Thomas Jefferson Soil and Water Conservation District, the City and the County Engineer. Mr. St. John said the Board could not simply ask the Planning Commission and staff to withhold action on special permits or building permits, it must be done with a formal resolution. If a resolution is not adopted, the Planning Commission and staff would illegally be withholding approvals and would be subject to legal action. Mr. Wheeler stated that no such request was made in the motion, and the Board was therefore not making such a request. Claims against the County in the amount'o'f $I,321,178.44 were presented, examined, allowed and certified to the Director of Finance for payment and charged against the following funds: Commonwealth of Virginia General Operations School Operations Cafeterias General Fund School Construction Capital General Operating Capital Textbook Joint Security COmplex Town of Scottsville 1,614.00 431,245.04 539,812.3~ --0-- 72.00 201,075.32 49,411.15 57,033.36 4'0,822.28 92.93 $1,321,178.44 At 10:40 P.M., motion was made by Mr. Thacker, seconded by Mr. Wood, to adjourn this meeting until Wednesday, August 6, 1975 at 7:30 P.M., in the County Courthouse. Role was called and motion carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, None. Wheeler and Wood. Chairman