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Home My WebLink About05 14 79 PC MinutesMay 14, 1979 �Ir.rr+ The Albemarle County Planning Commission conducted a work session on Monday, May 14, 1979, 4:00 p.m., Conference Room, County Office Building Charlottesville, Virginia, to continue its work on the proposed zoning ordinance text. Those members present were Col. William Washington, Chairman; Mrs. Norma A. Diehl, Vice -Chairman; Mr. Layton McCann; Mr. Charles Vest; Dr. James Moore; Mr. Kurt Gloeckner; Mr. James Skove; Mr. James Huffman. Absent were Mrs. Joan Graves, and Mr. Tim Lindstrom, ex-Officio. Other officials present were Mr. Robert Tucker, Director of Planning; Mr. Doug Eckel, Senior Planner; Ms. Mason Caperton, Planner; and Mr. Frederick Payne, Deputy County Attorney. Col. Washington called the meeting to order after establishing that a quorum was present. Mr. Tucker discussed the proposed Home Occupation provisions, noting Class A and Class B had been combined, anticipating supplementary regulations to have some control over this. Also he pointed out that the only structures that could be used were to meet the setback of the main structure. Mr. Tucker said that as written Section 4.20 addresses performance standards such as noise level. Mrs. Diehl questioned if the neighbors in residential areas would have adequate protection with this provision. Mr. Tucker replied that they would not know what the use might be, but to date there have been no objections to any of the Home Occupations. And at the special permit level, currently provided for, no additional conditions have been placed by the Board of Supervisors upon approval. Col. Washington established that auto repair is covered under public garage, a separate part of the ordinance. Col. Washington felt that auto repair should be listed in Section 5.2.2 (7). Dr. Moore said that he could not support this concept for grouping the Class A and Class B together, especially with no notification of adjoining property owners. He also noted that with the Class B there could be traffic problems, etc. Mr. Huffman suggested leaving it as proposed, including some sort of nuisance provision that if it is offensive, it will no longer be provided by right; or some provision that the Zoning Administrator would have to be satisfied that the the regulations established are being met. Mr. Skove questioned if this could be handled in the same fashion that mobile homes are currently being handled. After a brief discussion, the Commission requested that Mr. Payne draft wording that provides for the uses as currently provided. ( The revised wording is attached.) M Mr. Tucker then discussed the provisions for mobile home parks and temporary trailer parks and mobile home subdivisions. He noted that the density for mobile home parks will be according to the availability of utilities. Mrs. Diehl said that she favors some sort of landscaping provision, even if it is a minimum requirement. Mr. Tucker replied that mobile home parks are provided by special use permit and the landscaping could be addressed at the time of special permit review. With regard to mobile homes on individual lots, Mr. Tucker noted the additional provision that the applicant can choose the public hearing process as opposed to the administrative process if he chooses. The Commission reached a consensus to include the screening provision in the mobile homes on individual lots, however to drop the "no rental" provision. Site Development Plan: The staff noted that the only difference in this and current provisions are the exclusions of Section 13.2. Mr. Tucker felt that at some time in the future it would be appropriate to discuss, and possibly amend, this section to provide for energy conservation planning such that site plans address shading, prevailing winds, etc. There were no changes in the text as presented. FE Mr. Tucker noted the letter from the Citizens for Albemarle requesting that the zoning map and zoning text not be considered at the same public hearing. Col. Washington said that the Board of Supervisors had expressed the desire to have the zoning ordinance as soon as possible and not after the Commission's public hearing. He said that this could be done, however the Commission should not make a recommendation to the Board until after the public hearing. He said that he would hate to hold a public hearing without a map, since that would leave the Commission in a weak position. He said that it is important to have a translation of how the text looks on the ground. Mr. Gloeckner said that it had been his impression that the Commission would take at least a general map to the public hearing. Mr. Tucker said that it is his understanding that certain members of the Board are concerned about the political aspects of handling the text and map at the same time, prefering that the text be handled without any emotion. Mr. Tucker said that he had pointed out to the Board that if the media approaches them for comments before the Commission's public hearing, and they respond, he feels it leaves the Commission in a weakened position. Col. Washington recited the contents of his memo to the Board after the Commission's previous meeting of how to handle the ordinance, and he felt it would be appropriate to stay with that plan until he hears something to the contrary. /%5 5.2 HOME OCCUPATIONS 5.2.1 CLEARANCE OF ZONING ADMINISTRATOR REQUIRED Except as herein provided, no home occupation shall be established without approval of the Zoning Administrator. Upon receipt of a request to establish a home occupation, the Zoning Administrator shall refer the same to the Virginia Department of Highways and Transportation for approval of entrance facilities. In addition, the Zoning Administrator shall determine the adequacy of existing parking for such use. No such clearance shall be issued for any home occupation, Class B, except after compliance with Section 5.2.3 hereof. 5.2.2 REGULATIONS GOVERNING HOME OCCUPATIONS 5.2.2.1 The following regulations shall apply to any home occupation: 1) Such occupation may be conducted either within the dwelling or an accessory structure or both provided that not more than twenty-five (25) percent of the floor area of the dwelling shall be used in the conduct of the home occupation and in no event, shall the total floor area of the dwelling, accessory structure, or both, devoted to such occupation, exceed one thousand five hundred (1,500) square feet; provided that the use of accessory structures shall be permitted only in connection with Home Occupations, Class B; 2) There shall be no change in the outside appearance of the buildings or premises, or other visible evidence of the conduct of such home occupation other than one sign. Accessory structures shall be similar in facade to a single-family dwelling, private garage, shed, barn, or other structure normally expected in a rural or residential area and shall be specifically com- patible in design and scale with other development in the area in which located. Any accessory structure which does not conform to the setback and yard regula- tions for main structures in the district in which it is located shall not be used for any home occupation; 3) There shall be no sales on the premises, other_ than items handcrafted on the premises, in connection with *AWO such home occupation; this does not exclude beauty shops or one -chair barber shops; 4 19d 4) � No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neigh'>:?orhood, and any need for parking generated by the conduct of such home occupation shall be met off the street; 5) All home occupations shall comply with performance standards setforth in 4.20; 6) Tourist lodging, nursing homes, nursery schools, day care centers, and private schools shall not be deemed home occupations. 5.2.2.2 Prior to issuance of clearance for any home occupation the Zoning Administrator shall require the applicant to sign an affadavit stating his clear understanding of and intent to abide by the foregoing regulations. 5.2.3 CERTAIN PERMITS REQUIRED No home occupation, Class B, shall be established until a permit shall have been issued therefor. The provisions of Section 5.6.1 of this ordinance shall apply hereto, mutatis mutandis. err' In 5.2.4 REVOCATION The Zoning Administrator may revoke any clearance or permit issued pursuant to this section, after hearing, for non- compliance with this ordinance or any condition imposed under the authority of this section. /95 M Mr. Tucker told the Commission that the Supplementary Regulations will not be ready for discussion until the first work session in June. He said that at the May 21, 1979, meeting, the Commission will consider the text for the Natural Resource Extraction Overlay District, and will receive copies of comments from individual land owners. The Commission then, upon the motion of Mrs. Diehl, and second of Dr. Moore, adopted a resolution of intent to amend the definition of subdivision as it appears in the Land Subdivision Ordinance and to provide for dedication along certain lots. The motion carried unanimously with no discussion. With no further business, the Commission adjourned at 6:05 p.m. i� Ro ert W. Tucker, Jr. - S cre4 ary /9� a