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1972-11-22 A regular meeting of the Board of~ County Supervisors was held on November 22, 1972~ at 7:30 P.M. in the Albemarle County Courthouse, Charlottesville, Virginia. PreSent: Messrs. Stuart F. Carwile~ Gerald E. Fisher, J. T. Henley, Jr., William C. Thacker, Jr., Gordon L. Wheeler and Lloyd F. Wood,_ Jr. Absent: None Officers present: County Executive and County Attorney. At ?:30 P.M. the Chairman called for public hearings on zoningL matters as advertised in the Daily Progress on November I and November 8, 1972: (1) ZMP.2$8. carleten"wood and Joyce R. Wood. The petitioners were~-present to request the withdrawal of this petition until further study could be made of this property. Motion to allow withdrawal of the petition, without prejudice, was offered by Mr. Fisher, seconded by Mr. Thacker and carried by the following recorded vote: AYES: Messrs. carwile, Fisher, Henley, Thacker and Wheeler. NAYS: None. ABSENT: Wood. (2) SP-200. Willis J. Martin. Action on this petition had been deferred from September 27, 1972~, Minute Book Pages 290-291. At the September meeting, motion was offered to defer~ action on this petition until John Humphrey, County Planner,could contact Southwood Mobile Homes to see if they would accept return of this mobile home. Mr. Humphrey stated that due to a change in management ef this business, he had been unable to ascertain if they would take back. the trailer and refund Mr. Martin's money. Mr. Thacker stated that he was concerned, because, basically, this is the same as p~'acing a trailer on a site and then leasing same and he did not feel this is the desire of this Board. He stated that he could appreciate Mr. Martin's hardship and would be more inclined to approve on a temporary basis instead of a permanent basis. Mr. Thacker then offered motion to approve a temporary permit for a period of one year subject to the following conditions: (1)purchase of 0.6~ acre of land and (2) Health Department approval of a septic tank ~ystemo Motion was seconded by Mr. Wood. Mr. Wheeler stated that he expected to vote against the petition and he did net want to encourage mobile homes for rental purposes in the County and he felt that by prolonging this for one year was not helping the petitioner. Mr. Henley stated that he felt the same and would be more inclined toward the petition if there were no hoUse'on this site. Motion carried by the following recorded vote: Fisher, Thacker and Wood. AYES: MESSRS. Carwile, (S) SP,211. James R. Armstrong. Action on this petitio$ had been deferred from November 8, 1972, Minute Book 9, Pages ~18-~19, for a site review of the land in question. Mr. Wheeler asked if anyone present had new comments to make. A Mrs. Payne stated that she felt it would help the community, since if she had trouble with her car she was forced to call Charlottesville for help. 11 -22-72 335 Mr. Thacker stated that he had heard comments from' both sides.and· offered motion Not more than six (6) vehicles which are in Mr..Armstrong's care for repair, maintenance or restoration be garaged on the property at any one time'. 2. Any vehicles which are on the site for repair, maintenance or restoration be located in a specifically designated parking area approved by the Planning Staff and this area be screened from public view as. approved by the-Planning Staff. · ~spe~i~l 3- This/permi~ is not transferrable. $. This special permit shall become void if the use of the property creates a ~ublimc nuisance in the opinion of this Board,¢f Supervisors, from the standpoint of appearance or excessive noise created. ~. Bond in a specific amount, as determined by the County Attorney, be posted to insure clearing the site if the special permit becomes voided and/or the property vacated. Mr. Pickford stated that he had reservations about!..the bond portion of the to approve this special permit subject to thefollowing conditions: 1. conditions, however, if Mr. Armstrong accepted the conditions imposed on the special use permit, he was thereby consenting to the disposal of his vehicles. There followed a lengthy discussion of the bonding condition. The motion was seconded by Mr. Carwile. Mr. Wood felt the bond should be limited to the cost of moving six cars, if that was the intent of the motion, and not impose an undue hardship on the petitioner. Mr. Thacker stated that this was the intent of his motion. Mr. Wh~eeler suggested that the amount of the bond be fixed in the motion. Mr. Batchelor asked if the intent of the motion was that there would be only six cars parked outside of the building, or only six cars being worked on and parked. Mr. Thacker stated that he did not feel the Board could limit the number of cars on the property during the day, but could limit the number of cars garaged or held overnight. Mr. Fisher stated that with the conditions imposed on this special permit to insure the citizens of Esmont that it would not become a seve~ detraction and with the bond for disposal of automo'bile~,he would support the motion. He suggested that the bond be for $300.00. (This figureG ~ $2~.00 for wrecker charge plus cost of crushing and $2~.O0 for hauling or a total of $~0.00 for each automobile times six cars,) Mr. Thacker amended condition ¢5 to read as follows: Bond in the amount of $300.OO be posted to clear the site if this special permit becomes voided or the property vacated. Mr. Carwile accepted this amendment and the motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. 1 1-22- 72 (5) ~MP~257. Geerge Benoit has petitioned the Board of Supervisors 'to-rezone 10.O acres from A-1 Agricultural to M-1 Manufacturing. Property is. situated on Route 6~9 just east of-the'Charlettesville-Albemarle Airport. Property is described as County Tax Map 32, Parcel 17 (part thereof). Rivanna .Magisterial Di-strict. Mr. Humphrey gave the following staff report. The property is situated, with 359.99 feet of frontage on the north side'of Route 659 (Airport Road). The. property is located approximately 1600 'feet east of the entrance into the airport. The property abuts M-~ zoning to the west, with A+I zoning existing in all other points. Deerwood Subdivision is located diagonally across from this site; The nearest dwelling in Deerwood is approximately four hundred feet from the southwest corner of the subject property. There is a dwelling abutting the property to the west and east. The property is in-a subwater shed contributing to the north fork of the Rivanna River and clear of any wood cover. The land has generally the same.characteristics of ZMP-2$6 with the exception of the tree cover. A county waterline traverses the property along Route 659. The applicant proposes to develop a commerdial greenhouse and nursery on the property. The subject landties well within an area designated fore. light industry and research. Mr. Humphrey stated that according to the adopted land use policy, th~ M-1 request generally is in keeping with future land use. The proposal of the applic-ant to utilize the property for a less intensive use does.not jeopardize the intent in that it could be considered as an intense use. In view of existing land use, this would be in keeping with the concept of protecthn to the dwelling Which now exists but'-finding themselves in a transitional area. The ideal zone for this land, in keeping with the Comprehensive Plan, would be the proposed industrial Res earch District. The staff is of the opinion that the requested zoning is generally in keeping with the intent of the adopted plan and with the previous Board of Supervisors policy regarding this area. The staff recommends approval with the suggestion that the suDject property be considered at a later date for the Industrial, Research District. Mr. Humphrey stated that the Planning Commission had unanimously recommended approval of this rezoning. Mr. Benoit was present in support of his petition and stated that they had tried for a design compatible with what was necessary to operate a garden center and they have a definite need to-proceed due to a contract which is pending for construction on this site. He stated that they have tried to create something other than a utilitarian approach that would be an asset to this area. This will be a garden center, the plants being grown elsewhere and shipped here for sale. Approximately four acres of the ten heres in this rezoning will serve their purposes for the pres~t time. At some future-date, another four to four and one-half years, approximately nine of the ten acres will be utilized. 1-1 -22-72 337 N~. Carwile asked Mr. Benoit if he objec~ted to the staff comment that'~this land, at some future date, be included in the~Industrial Research Zone. Mr. Behoit stated that he did not know the particulars on this, but~ if he found t-he land too valuable to use, he would move. Mr. Carwile told Mr'. Benoit that once he had his rezoning this new zone would not interfere with his operation, so long as it remained a garden center. Mr. Benoit said that he had no limit~on the time he would be at this location. Mr. Wood asked' if this use could be allowed under a special use permit and not rezone this land. Mr. Humphrey said the Planning Staff had evaluated the petition in light of an A-I zone, however, it did not fit this particul~ar operation~ Mr.. Pickford stated that a special permit is a different Ease and would have to be .readvertised. Mr. Carwile offered motion to approve the rezoning from A-1 to M-1 on-the four acres~ approximately, that would be utilized initially and shown on the initial site plan. Motion was seconded by Mr. Thacker. Mr. Wood felt the~motion should state the intent for ~he rest of the ~property. Mr. HumphreM felt this might prejudice Mr. Benoit's next'~application. There being no further discussion, the motion carried by the following recorded~ ~ete: AYES: Messrs. Car~ile, Eisher~ Henley, Thacker, Wheeler and Wood. NAYS: None. SP-212. Charles Moon has petitioned for a Special Permit to locate a ~e~manent mobile home on 2.78 acres of land in an A-1 zone situated on Route 620 in the Scottsville area, .Property is described as County Tax Map 105,. ~Par~.el'l~ (10). Scotts~ille~:Magisterial District. Mr. Humphrey stated that the Planning Office had found that the property belongs to Mr. Moon's in-laws and they have signed his petition. The mobile home is approximately 1~0 feet from the right-cf-way and Mr. Moon will live in the mobile home. The Health Department has Eiven verbal approval of a septic tank system. Mr. Humphrey stated that the Planning Commission recommended approval subject to Health Department approval of a septic tank system and a minimum set back of ~0 feet. Mr. Moon was not present. Mr. Fisher offered motion to defer action on this petition until Mr. Moon could be Present. Motion was seconded by Mr. Wood and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. (6) SP-21~. Evalyn A. Brown has petitioned the Board of Supervisors to locate a permanent mo~ile home on 2.0 acres of land in an A-1 Agricultural zone Situated on Route 708 near Carter's Brid~e Prop.erty is described as County Tax Map 101 Parcel 23~ Scottsville Magister~ District~ ' Mr. Humphrey stated that the applicants' property and the ad~'aCent properties to the east and south across Route 708 are wooded. To the west there are. ~several .small lots developed along Route 708 with Brick dwellings. Further west there are several~mobile homes, clearly vis~ible from the road. Also located in.this vicinity are the Hard, are Baptist Church and the KOA Campgrounds. Much of the remaining land is large tracts. The Planning Staff recommended approval be conditioned upon health department approval. and a 100 foot setback to permit sufficient screening. Mr. Humphrey stated that the Planning Commission recommended approval subject to 100 foot set back and Health 338 1-1-22-72 ' Department approval of a septic tank system. of her~-ition.. recommendations. recorded vote: AYES: Messrs~ Carwile, Fisher, Henley, Thacker~ Wheeler and Wood. NAYS:~ None. -(7) Mrs. Brown was present in support Mr. Wood offered motion to approve subject to Planning Commission Motion ~was seconded by Mr. Henley and carried by the following SP-215. Dr. Charles Hurt has petitioned for a Special Permit to locate a ~ravel-trailer sales and service facility on land located on east side of Route 20, just north of its intersection with Route 2~0 east and~ zoned~B-1 Business. Property is described as County Tax Map 78, Parcel ~C and ~D. Rivanna Magisterial District. _ (Mr. Carwile did not participate nor t~ke any action pertaining to the following matter). Mr. Frank Burke~was present in support of the 'petition. Mr. Humphrey stated that the applicant propose~ te providea facility to sell travel trailers~ A one story office and showroom of masonry constr~ction is p~opoSed~ith the dimensions of 60 x 100 (6~O00~square feet). Said building is~indicated as being 67 feet from the right-of-way ef Route 20 North at the. neares~ point. The eXisting riEht-of.way of Route 20 at this point is 80 feet. The Comprehensive~' Plan calls for 90 feet minimum for State primary roads, howe~e~, we ~eel the setback is sufficient to accommodate an additional five feet~if ultimately ~ needed, without destruction to the proposed parking and storage a~ea. The plan designates ~ parking spaces including nine spaces required by the ordinance. The plan indicates landscaping in the form of trees. Alt informatio~~ has been supplied and reviewed b~ the Site PlanCommittee. Th~ s~te:~P~an:wa~ a~pro~ed by~.~he.~Commission as a site' plan and inadvertently, the special permit was not. Mr. H~u~ph~y stated that the conditions of approval shonld be in com~liance~ith the .conditions of approva~on the site plan which are: 1. Subject to removal of e~2sting house from the proposed meptic s~stem before hook up to this facil&ty, 2. ~ According to site p~an~ and infonmation contained~therein dated October ~ 1972 prepared by M.~Cox which is a part of this application. Mr. Humphrey stated that the Planning Commission recommended approval, unanimously, with the two~conditions stated above. Motion to approve a~ recommended by the Planning ~ommission was offered by Mr. Wood~ seconded by Mr. Henley and carried~by the'~.following recorded vote: AYES: Messrs. Fisher~ Henley., Thacker, Wheeler and Wood. NAYS: None. ABSTAINING: (8) ~i. Carwile. SP-21~. Roger Morris has petitioned the Board of Supervisors to locate a permanent mobile home on 2.0 acres of land zoned A-1 Agricultural and located on west side of Route 621~ four miles east of Route 20 north. Property is~ described as County Tax Map 6~, Parcel 55 (27) (part thereof). Rivanna Magisterial Distr~ct. Mr. Humphrey stated that ~the Morris property isbeing divided from a 10.1'~ acre parcel which contains a frame d~e~ling. This property is located about 2/~ mile 339 F' along Route-621 from Route 20. In.this area there are. only two other dwellings.9 each on, large_tracts. The Morris property being about 300 feet'back from Route 6219 reached by a proposed resBric~ted right-of-way and is wooded. Near Route. 209~' Route 621 is developed with several dwellings on two acre lots. Mr. Humphrey stated that the Planning Commission recommended approval subject to Health Department approval of a septic tank system. Mr. Wood offered motion to approve as per Planning Commission recommendations,. 'Motion was seconded by Mr. Henley and carried by the following recorded vote: AYES: Messrs. Carwile~ Fisher9 Henley~ Thacker~ Wheeler and Wood. NAYS: None. (9) SP~217, MED-Park, Ltd.-has petitioned the Board of Supervisors to locate a mobile home sales and service facility on land zoned B-1 Business containing 37,75 acres and .situated in the northeast quadrant of.,the intersection of Route 250 and I-6~ with frontage on a service road. Property is described as CountyT.ax.-Map 789 Parcel 53, Rivanna Magisterial District. Mr. D. H.. Turner~ owner of-the property~ Mr. Robert Boyle , Attorney and Mr. Aubrey Huffman9 surveyor~ were present in support of the petition. Mr. Humphrey gave the followingreport as to the location of this property: This proposal is'lobated in the northwes% quadrant of I-6~ and Route 250 east interchange with frontage on Route 2~O~and a service road, Recess to the property is presently located off O~ the service drive just west.of the'interchange. High banks prevent.access from Route 2¢O.. A-1 zoning exists 'to the east9 north and west, B-1 zoning exists~to the south..across the large area of the interchange..Gtenorchy Subdivision abuts the property to the west. Qne dwelling in Glenorchywould have a direct-view the site and sales area. The dwelling is near the west property line'of~sub~'ect facility. _T~o other dwellings would have a view. Both to the east. One'approximately 300 yamds away and the other approximately ~00 yard~ east of'the site. The subject site is visible from 1-65 and from Route 2~0 east~ as you pass under the I~65 overpass. In fact9 in the staff's opinion it is visible, or noticeable fro~-I-6~. There presently exists on the site a-substantial stone dwelling which is apparently being used as an-office or apartment-. Seven vehicles were Observ%d. There ame other-accessory structures including a barn on the property. Mr. Humphrey then gave the fellow, ing staff comment: In view of the abundance of vacant commercial land in Albemarle'County which i~more accessible9 both visually and vehicularly9 and in consideration of compatibility with adjacent residential-area and the area being one of the main entrances to Charlottesvilteg~the staff is of the opinion that this permit request be denied, Location of signs will prove to b'e a problem as well as patronage having problems of findinE it.--In summary9 the Staff feels the activity-could be better located with similar use on Route 29 North or closer in on Route 250 and be considered compatible. There are presently four major mobile home dealerships in the county. All are located on 250 and Route 29.' However~ ~he staff had recommended the following conditions, if the request were-approve~: 340 1-22-72 1) No flag, pennants, or attraction devices be permitted on site,_other than the one free standing sign as normally permitted. 2) That the sales area or dispIay area be located~'behind the existing dwelling and no,Closer-to the western;property line thaH 200 feet with screen provided consisting of two staggered rows of evergreens with .a minimum planting height Jof five feet along the western limits of the sales lot. 3) That screening be,provided along the eastern sales area in the same manner as Item (2). 4)Health Department approval or (reappreval) of a septic tank system to serve the office. ~) That the access drive and sales area be paved or graveled and main- tained fre~ from dust. Mr. Humphrey stated that the first time this petition Came, before the Planning Commission¢ action had. been deferred until a field study trip could be made,, After this trip~ She Planning Commission had recommended denial by a majority vote. .Although they felt the site for sales could be mov.ed in accord with the staff's recommendation, they were concerned about the amount of grading nece,ssary, They did not feel this piece'of property should be developed piece Real. ~ Mr.,Boyle spoke in support stating that since, the Planning CommisSion meeting, they had redrawn the map and. moved the .sales area as, recommended by the Planning Staff. By_doing ,,this~ it is virtually impossible to see thesales'-area from Glenorchy Subdivision. He remarked that the staff had stated there ~ere, other sites more:,.~itable, for this operation~ and he,agreed, h0wever~ ,this.~.'is the~land Mr. Turner owns and he, wants something to help defray cost while ~he'~8 acres ar, e being developed.. With the purchase price of this land, this would,~mbe only a tempo.rary use. . . Mrs. Frances Martin spoke in opposition asking that the Boardconsider what is best for the County and asked that the Board uphold the Plannimg commis,sion's recommendation. Mr. Wood stated that valid points had been raised about the intended.use of this land~ but with the changes proposed he could be receptive to approving this use. Mr. Wood then offered motion to approve this special permit¢ with a two year limit~ renewable administratively,, with a 600 foot setback from Glenorchy and necessary screening. .Mr. Carwile,seconded-the .motion and stated that he-felt some of the objections in the staff report were not valid .... He.,stated that orig.inally~he did,'not support,, but now felt he could support on a temporary basis. The Chairman then called for.a vote on the motion, AYES: __,Messrs. Carwite~ Thacker and Wood. NAYS: Messrs. Fisher~ Henley and Wheeler. Mr.. Fisher stated that he did,not feel this is a very good end use for ~his land. Mr. Wheeler stated that he felt the same. He was also concerned about the residents and there not being any adjacent property owners present to supply input. Vote was recorded as follows: 1 1-22'72 341 He suggested that .action be reconsidered. : Mr. Carwile offered motion to reconsider the vote and have this petition returned to the Planning Commission and that the Plz= adjoining property owners to their next meeting. Mot Mr. Thacker and carried by the following recorded rot AYES: Messrs. Carwile, Fishery Henley, Thacker~ Whe~ NAYS: 'None (10) SP-219. John and Katherine Hudson have petitio ko locate a permanent mobile home on 2~.61 acre~ and situated west of Route 729, north of Route Said property is located on a private access ea as C~ounty-Tax Map 93~'Parcel 1~ Rivanna Magist~ .ning commission invite ion was'seconded by e: ler and Wood. ed the Board of Supervisors of land zoned A-1 Agricultural 3 'in:the Milton' Airport Area. Dement. Property is described ~rial District~. Mr. Humphrey stated that the property 'is situated on north side of RoUte ~3, entrance road to the property being about one mile west of-Nix Post Office. Access to the property 'is a dirt road about 1/2 mile long which at one time continued through to Route ?29. The road is presentlyused bY one other-dwelling near'mR°Ute ~3- The surround'ing area is thickly wooded, The applicant is presently living in the mobile home,under an emergency permit MHP-291. The applicants' home on the property is:,notli~eable. The~Planning Staff recommended approval be. conditiene~ upon Health Depig~tment' approval of a septic t'ank system. The Planning Commission recommended-approval fOr a two year permit, administratively renewable for'each year thereafter and Health Department approval of:~ septic tank system. Mr~ & Mrs. Hudson were present in-support of'the petition.' No one from the public spoke. Mr. Wheel~er stated that seVeral people had contacted'him cohcerning th~~s permit, however~ he felt that if the permit were on a temporary basis it would be acceptable and he would urge the Board to approvethis. MotiOn, to approve as ~r the Planning CommissiOnreCommendations was offere~ by Mr. Wood, ~'econded: by Mr. Henley and carried by the following recorded vote: AYES:' Messrs. Carwile~ Fi~sher~ Henley, Thacker, Wheeler and Wood. NAYS: None. '~ Mr. ,'Pickford stated that the' Highway Department is'taking ?';~ acres on Route 752, a part;of the old landfill site. Originally there were-l~ acres, but the'Highway Department took 7 acres, landlocking 1/2 acre which is to be used in the joint jail complex. In 1~67 we were offered $3~$87, now the Highway Department offers $~,000 forthis l~nd. The County's appraiser~ ~im Nunley, recommends that this offer be accepted. Motion to .accept this offer and authorize the Chairman to execute the following agreement was offered by Mr. Wood: THIS AGREEMENT~ made this 22nd day of November~ 1972~ by andbetween Board of Supervisors of Albemarle County~' partyof the first part (even though more than one), and the Commonwealth of Virginia~ acting by and~throug~' the State Highway Commissioner, partyof the second part, 1 1-22- 72 34'2 WITNESSETH: THAT WHEREAS, in connection~with Route' 6~, Projec~ 0065-002-102~ RW-20~ in Albemarle County~ the partyof the second part, in accordance with the provisions of Title 33ol, Chapter I, Article 7~ of the 19~0 Code of Virginia~ as amended~ has lodged with.the Clerk of the Circuit Court of Albemarle County~ Certificate No. C-13292~ in the amount of $~$87.00, for the benefit of the partyof the first part; and~ WHEREAS, the party of the second part has appointed Mr. Henry B. Gordon as his attorney to institute condemnation proceedings for the purpose of determining the amo~mut to be paid for the land~ or interest therin~ described in the Certificate aforesaid~ and damages to the remaining lands~ if any~ of the party of the first part; and WHEREAS, the parties have now agreed upon the following compensation for the said land and damages to the remainder, if any; $~,000.OO for .land~ all appurtenance~ thereon~ and all damages~ if any. There have been no other promises~ consideration hereinabove mentioned represents the value and of all estates or interests in such land/the damage to the remaining property, if any, and is in lieu of any and all claims to compensation and damages by reason of the location, construction and maintenance of said highway including such drainage facilities as may be necessary. The partyof the first part agrees to accept his legally proportionate share of ~ such total consideration for his interests and rights ~ said land. The parties hereto agree that the total consideration set forth above shall be reduced to the extent of any payment made pursuant to the provisions of Section ~.1-12~ of the Code of Virginia of 19~0, as amended. The party of the first part does by general warranty covenant that he is seized of the land described in the aforesaid certificate and that he has done no act to encumber it; that the partyof the second part shall have quiet possession of the land free from all encumbrances, and that he will execute such further assurance of the said land as may be requisite. BOARD OF cOUNTY SUPERVISORS ALBEMARLE COUNTY~ VIRGINIA (Seal) ATTEST: STATE HIGHWAY COMMISSIONER OF VIRGINIA By' !.....:'. ?... q y .... ., f.:. ,.., , .... ,.., ........ The foregoing motion was seconded by Mr. Fisher and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher~ Henley, Thacker~ Wheeler and Wood. NAYS: None. J 1 1 -~22-72 343 Cl~'s agai'nst the County amounting to ,$1,181~875.59 were presented, examined and allowed 'and certified to the Director of Finance' for 'payment .and charged against the following funds: General Revenue- Fund General Operating Fund ~':School Operating Fund Cafeterias Capital Outlay Virginia Public Assistance Dog .Tax Fund Textbook Rental Fund Crozet Sanitary District Fund Commonwealth of Virginia-Current Credit Account Town of Scottsville-Sales Tax Total 427.49 155,k07.35 622,1 ¢9.20 19,141 .k6 2Y8,9' 6.6 ¢ 89,627.22 1,027.'73· ,890.7e~ ,21 7.5'0 5,8'71.76 1 W8. kW ,181.875.59 Motion was offered by Mr. Thacker to adjourn into executive session for discussion of papers served this date. by the following recorded vote: Motion was seconded by Mr. Wood and carried AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS. None. The Board reconvened. Upon proper motion, the meeting was adjourned. Chairman