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HomeMy WebLinkAboutPages 41-95August 5, 1975 The Albemarle County Planning Commission held a regular meeting on Tuesday, August 5, 1975, 7:30 p.m., Board Room, County Office Building, Charlottesville, Virginia. Those members present were Mr. David Carr, Chairman; Mr. Clifton McClure, Vice -Chairman; Mr. Kurt Gloeckner; Mr. Roy Barksdale; Mr. Peter Easter; Mr. Jack Rinehart; Mrs. Ellen Craddock; Mr. Wilbur Tinsley; Mrs. Joan Graves. Absent was Mr. Lloyd Wood, ex-Officio. The Chairman established that a quorum was present and called the meeting to order. SP-500. L. I. Associates have petitioned the Albemarle County Board of Supervisors to locate a central well on 10 acres zoned A-1 Agricultural. Property is situated on the north side of Route 706. Property is further described as -ounty Tax Map 89, Parcel 80A. Samuel Miller Magisterial District. Mr. Tucker stated that there are two wells that serve 16 units. One of the wells serves 13 units, and the other serves three units. Both have an output of twenty gallons of water per minute, but they have not been tested for the normal 48-hour period. There is a well completion report from 1970, when the well was dug. The applicant wants to come into compliance - he was not aware that a special use permit was needed for a well. Mr. Brown, the applicant, told the Commission that the wells have been in operation for five years and a cost would be involved if he had to provide extra storage. He stated that he had asked the residents of the thirteen units to submit reports on availability of water, and seven reports had been returned. Mr. Tucker stated that all seven reports had been favorable. Mr. Carr closed the public hearing. Mr. Tinsley asked if the well was originally approved by the Health Department, and Mr. Brown told him that it was. Mr. Carr questioned the storage capacity. Mr. Tucker explained that the County Engineer determines if storage capacity is needed. Mr. Easter moved approval subject to the following conditions: 1. Well output of one gallon per minute per unit; 2. Any additional units served by this well will require an additional special use permit; 42_ -2- 3. Additional special permit be obtained for second well; 4. Health Department approval, if needed; 5. County Engineer's approval of storage capacity. Mr. Rinehart seconded the motion, which carried unanimously. Mr. Brown stated that he would hate to have storage capacity required if the water supply is sufficient. Mr. Easter then explained the motion to Mr. Brown. The vote on the motion for approval was unanimous ( 8-0 ). Mrs. Graves did not vote due to her late arrival. SP-502. Virginia Marie Walker has petitioned the Albemarle County Board of Supervisors to locate a mobile home on 22.58 acres zoned A-1 Agricultural. Property is situated on the east side of Route 616. Property is further described as County Tax Map 80, Parcel 74. Rivanna Magisterial District. Mr. Tucker explained that this request had been deferred in order that the applicant could be present. He reviewed the staff report for the Planning Commission. He said that there had been an objection to the location of this mobile home from Mr. Angus Arrington, reminded the Commission that Mr. Arrington had attended the last meeting, and read the letter of objection from Mr. Arrington. Miss Walker, the applicant, stated that the property on which the mobile home would be located belonged to her aunt. She said that the single-family dwelling on the property is rented. The mobile home was purchased from an individual, who did not tell her that she needed a special use permit to locate a mobile home anywhere other than in a mobile home park. The water and septic system of the single-family dwelling would be used for hook-ups. Mr. Tucker pointed out that some natural screening prevents vision from the road. Mrs. Thelma Tyler, sister of the applicant, said that she did not see how placing a mobile home in that area would devalue the property of the Arringtons. Ms. Linda Stanton, citizen, asked how many other houses were nearby. Mr. Tucker told her that there are four. Miss Walker said that the Health Department has viewed the site and agreed to the site she wanted. Mr. Tinsley said that he had viewed the site, and asked, since there are quite a few acres there, if she would be willing to put the mobile home behind the single family dwelling. 4--i -3- Miss Walker stated that she would not be willing to do this. Mr. Easter moved deferral until the site could be viewed. Mr. Tinsley seconded the motion, which carried unanimously. Mr. Carr reminded the applicant and the Planning Commission that the public hearing will remain open. The Planning Commission deferred action on items c-f under "Deferred Items" until the end of the meeting. ZMP-329. William A. and Shirley L. Stanton have petitioned the Albemarle County Board of Supervisors to rezone 11.5 acres from RS-1 Residential to A-1 Agricultural. Property is situated on the north side of Route 250 West and Route 796 at their western intersection. Property is further described as County Tax Map 68, Parcel 52A. White Hall Magisterial District. Mr. Tucker gave the staff report. Mr. Tinsley moved approval of the request. Mr. Gloeckner seconded the motion, which carried unanimously. ZMP-330. Peter Sargent has petitioned the Albemarle County Board of Su�.,,rvisors to rezone 30.14 acres from A-1 Agricultural to R-3 Residential. Property is situated on the south side of Route 250 East. Property is further described as County Tax Map 94, Parcel 8A, part thereof. Rivanna Magisterial District. Mr. Tucker gave the staff report, noting that tri-plexes and quad-plexesused to be included in the A-1 Zone with a special use permit, but that the Board had removed them from the ordinance in 1970. Mrs. Craddock asked if the applicant could be accommodated on his wish for a tri-plex without rezoning thirty acres. Mr. Tucker stated that this would take an amendment to the ordinance and reminded Mrs. Craddock that it had been a part of the ordinance originally. Mr. Sargent stated that he already has one unit, and now wishes to have a duplex. Mrs. Graves asked if these are the same units that were mentioned in the minutes of December 4, 1972 when the request for SP-223 was presented. Mr. Sargent said that they are. -4- Mr. Carr pointed out that there must have been insufficient inform- ation in 1972 regarding this matter. Mr. Barksdale pointed out that a lot of money has been invested, though. Mr. McClure asked if the applicant could apply for a variance. Mr. Payne said that he could, but that the Board of Zoning Appeals probably will not be receptive to a self-imposed hardship. Mr. Carr closed the public hearing. Mr. McClure moved that the request be denied. Mr. Gloeckner seconded the motion, which carried unanimously. ZMP-331. J. W. Writght, Jr. and Frank A. Keasler have petitioned the Albemarle County Board of Supervisors to rezone 0.68 acres from R-2 Residentidl to B-1 Business. Property is situated on the south side of Route 250 West near Ednam Village. Property is further described as County Tax Map 59D(2), Parcel 10, part thereof. Samuel Miller Magisterial District. Mr. Tucker gave the staff report, reading a letter from the Institute of Textile Technology stating its opposition to the request. Mr. Gloeckner stated that he had no conflict of interests in this matter though the plat presented did have his name on it - the plat that is presented is an old plat on which the property is shown. Mr. Rinehart said that he wanted to remind the Commission of the blind curve in the area. Mr. Wright said that under proposed zoning he would have no objection to property being re -zoned CO. Mr. Max Evans stated that the building that would be proposed would have architecture similar to phase II of Ednam Village. Mrs. Graves asked if the scenic highway setback could be met with the building that would be built. Mr. Evans stated that this setback could be met. Mrs. Seldon, on behalf of the Scenic Highway Committee of Citizens for Albemarle, suggested that it could be a premature proposal She said that the residnets of Ednam Village think that the parking will be in the rear of the building. She stated further concern for strip development on Route 250 West. She requested that action on this matter be deferred. -5- Mr. Jerry Short of the Ednam Forest Homeowners Association requested deferral until the Association could meet on this problem. He stated that they wanted to study the water supply. Mr. Coty, owner of Ednam Village, stated that she was not aware of the discontent among the citizens of Ednam Village concerning the office site. Mrs. Averly requested that the matter be deferred. Mr. Evans stated that he had not done a site plan for the property, but that this is the only possible use for the property. With the exception of the curve of the road, he sees no real problem with the property if the building is done to a residential scale. Mr. Tinsley suggested underground parking for building. Mr. Evans stated that he had done a grading study on the site and that the final site plan would be very close to this study. Mr. Easter asked for the approximate location of the building. Mrs. Graves noted that anything permitted in the B-1 zoning could be built on this property if it is rezoned. Mr. Carr found the use to be compatable with the property, if properly done. He only questioned if there were adequate land. Mr. McClure asked if anyone knew the plans for Birdwood. He also asked the applicant if he would be willing to have in the deed restrictions that the property be limited to office buildings in the proposed CO zoning and in the existing zoning. Mr. Wright stated his willingness to do this. Mrs. Craddock suggested deferral until the Virginia Department of Highways and Transportation could study the curve and explain their plans for the road. Mr. Easter voiced similar concern. If the same effect as the front part of Ednam can be achieved, he had no objection. However, he wondered if if can be done on such a small tract of land. Mrs. Coty stated that the road that is to be opened was originally a construction road. She asked how rigorous the restrictions were then. Mr. Evans stated that according to Robert Warner of the Highway Department, it is an existing permanent access. Mr. Tinsley suggested that perhaps part of this tract would be needed for highway improvements. Mr. Evans said that the curve is past this property. 4-c,, Mrs. Craddock said that perhaps the Planning Commission should have written comments from Mr. Warner that this is a permanent road. Mr. Tewksbury of the Institute of Textile Technology again stated conern about the curve. Mr. Easter said that he would like to see the proposal work and if done properly, it would not be a detriment to the surrounding area. He said that he was pleased that Mr. Wright would tie down the use with deed restrictions. Mr. Rinehart suggested that it would be helpful to see a schematic site plan and asked for input form the Virginia Department of Highways and Transportation concerning the site. Mrs. Graves asked if the deed restrictions will constitute conditional zoning. Mr. Payne stated that it will not, but that it will be out of the County's power to enforce. Mr. Evans stated that applicant's willingness to submit a site plan. Mrs. Craddock moved deferral until the Virginia Department of Highways and Transportation could have an opportunity to study the highway, the exists and entrances. She suggested that a site plan would be helpful Mr. Tinsley seconded the motion, which carried unanimously. SP-506. Hickory Ridge Limited has petitioned the Albemarle County Board of Supervisors to lcoate a central well on part of 517.14 acres zoned A-1 Agricultural (Planned Community). Property is situated on the northwest side of Route 665. Property is further described as County Tax Map 30, Parcels 36, 37, and 37A, and County Tax Map 18, Parcels 14 and 14A. Rivanna Magisterial District. Mr. Tucker gave the staff report. He showed the Commission a mosaic of the 6 lots that would use the well. Mr. McClure asked if there would be provisions for storage. Mr. Browne said that there will be 100 gallons of storage at the well, and 50 gallons of storage at each house. He pointed out ,4,, that each owner will have 1/6 interest in the well and that all the property owners will have to maintain the well. Mrs. Sargent asked how many wells will be in the whole compleX. -7- Mr. Browne explained that this well is for the cluster unit. Each individual dwelling will have its own well. Mr. Carr closed the public hearing. Mr. Rinehart, stating that this is standard, moved approval, subject to the following conditions: 1. Health Department approval of water; 2. County Engineering Department approval of water lines location and sizing. Mr. Barksdale seconded the motion, which carried unanimously. SP-508. John H. Flick has petitioned the Albemarle County Board of Supervisors to locate a mobile home on 2+ acres zoned A-1 Agricultural. Property is situated on the south side of Route 643. Property is further described as County Tax Map 46, Parcels 102 and 106, part thereof. Charlottesville and Rivanna Magisterial Districts. �%W Mr. Tucker gave the staff report and read a memo from Mr. Clarke regarding his conversation with Dr. Iachetta. Mr. Flick explained to the Planning Commission where he planned to locate the mobile home. Mr. Gait, an adjacent property holder, opposed the location of this mobile home and based his concern on the fact that it will set a precedent in the area and property will be devalued. Dr. Iachetta stated his concern for the technical requirements that would need to be met. He was especially concerned about the waste waters. Mr. Tait explained that the mobile home would be visible from his residence in the winter, not the summer. Mr. Carr said that his major concerns are for the technical requirements, especially Health Department approval. He also noted that the property could fall in the flood plain. He asked the staff if the Planning Commission could ask the Health Department and the County Engineer to view the site. Mrs. Craddock stated that she did not wish a precedent for mobile homes to be set in this area. Mr. Gloeckner suggested that the Engineering Department view the site and determine the level of the land, even run a perc test if necessary. W10 Mr. Rinehart said that before the Planning Commission took action, it should be determined if it is even feasible to fit a mobile home on the property. He too, suggested site inspection. Mr. McClure moved for deferral. Mr. Easter seconded the motion, which carried unanimously. SP-509. B.P.O.E. No 389 has petitioned the Albemarle County Board of Supervisors to locate a fraternal lodge on 6.0 acres zoned A-1 Agricultural. Property is situated on the south side of Route 1421, just west of its intersection with Route 20 North. Property is further described as County Tax Mpa 78, Parcels 58, part thereof, and 58A. Rivanna Magisterial District. Messrs. Gloeckner and McClure disqualified themselves from the discussion and the vote. Mr. Tucker gave the staff report. Mr. Tinsley asked the location of the entrance. Mr. Tucker told him that it is on Old Route 20. Mr. Harry J. Brown, representing the applicant, showed the plat on which they have an option to purchase and submitted a letter stating what is proposed to be done. Mr. Jim Greene, an adjacent property owner, stated his concern for the location due to his family's loss of privacy, the traffic situation, and the drainage problem that would be generated. He stated that he had offered to purchase part of the property in order that he would be able to establish some sort of buffer, thus not having the land belonging to the Elks on two sides of his property. He further stated that he had received no notice of the meeting. Mr. Roudabush stated some of the plans for the property. He said that he does not feel that the lodge will be detrimental to the area. He said that Lamber, the architect, will determine the location of the lodge. Mr. Ken Hoy, also an adjacent property holder, wanted to know the location of the swimming pool, tennis courts, etc. in the interest of his privacy. He asked if board fenceing could be used as a buffer. Mr. Roudabush pointed out that a site plan has not yet been developed. Mrs. Graves addressed the question of noise and lighting requirements . am Mr. Rinehart made a motion to defer action until a time schedule for outside activities could be presented. He also suggested that a schematic location of the building be presented. Mr. Easter seconded the motion, which carried unanimously. Proposed amendment to the R-2 Residential Zone of the County Zoning Ordinance in order to clarify the side yard requirements for two-family dwellings that are to be sold: Mr. Tucker explained the need for this in the ordinance. Mr. McClure suggested that two words should be omitted from the addition. Section 5-5-1 was unanimously approved to read as follows: Side. The minimum side yard for each main structure shall be ten (10) feet or more. For a two-family dwelling, the side yard shall be a minimum of ten (10) feet at each end of each structure. Proposed amendment to the R-2 and R-3 zones concerning accessory buildings: Mrs. Graves addressed the fact that in the proposed ordinance there was some sort of buffering established to lower density zones. She said that she wanted this included in these amendments, in view of the fact that the proposed zoning ordinance might not become a reality. Mr. Easter moved that the amendments be approved to read as follows (Mrs. Graves seconded the motion): Sec. 5-1-1. Accessory buildings as defined; however, garages and other accessory structures such as carports, porches and stoops attached to the main building shall be considered part of the main building. No accessory building may be closer than five (5) feet to any property line. There shall be no setback requirements for detached garages or carports which are incidental to single-family dwellings, two-family dwellings or townhouses. Where the R-2 zone abuts a lower density zone, the five (5) feet setback shall be adhered to. Sec. 6-1-1. Accessory buildings permitted as defined; however, garages and other accessory sturctures, such as carports, porches and stoops attached to the main building shall be considered part of the main building. No accessory building may be closer than one (1) foot to any property line. There shall be no setback requirements for detached garages or carports which are incidental to single-family dwellings, two-family -10- dwellings or townhouses. Where the R-3 zone abuts a lower density zone, the five (5) foot setback shall be adhered to. The motion carried by a vote of 8-0. Mr. Carr did not vote. Amend Section 1 - Definitions - Words and Terms AND Amend Section 1-54 which is rewording of the definition for Subdivision Mr. Payne briefed the Planning Commission, citing the Haynes - Anderson case, stating that these two sections have been suggested as additions to the zoning ordinance in order to alleviate problems that arise often. A lengthy discussion followed on the particular ramifications of adopting these. Mr. McClure pointed out that a property owner not on a state road would be at the mercy of his neighbors. This is his primary concern. Due to the late hour and all the particulars that needed to be addressed in these two sections, action was deferred. Approval of May 5 minutes: Mr. Easter moved approval; the motion was seconded by Mr. Barksdale, which carried unanimously. Approval of July 29 minutes: The Commission unanimously approved these minutes. A report was presented from the Albemarle Taxpayers concerning their survey of the citizens of the county regarding the proposed moratorium on the Rivanna Reservoir and the Watershed area. This was only briefly discussed, since the number of citizens polled was not given. The results could not be conclusive and considered by the Planning Commission unless they knew the facts. The meeting adjourned at 11:30 p.m. 5% August 12, 1975 The Albemarle County Planning Commission held a meeting on Tuesday, August 12, 1975, 7:30 p.m., Board Room, County Office Building, Charlottesville, Virginia. Those members present were Mr. Clifton McClure, Vice -Chairman; Mr. Kurt Gloeckner; Mr. Roy Barksdale; Mr. Jack Rinehart; Mrs. Joan Graves; Mr. Clifton McClure; Mr. Wilbur Tinsley; and Mr. Peter Easter. Absent were Mr. David Carr, Chairman; Mrs. Ellen Craddock; and Mr. Lloyd Wood, ex-Officio. In Mr. Carr's absence, Mr. McClure assumed the chairmanship and established that a quorum was present and called the meeting to order. SP-502. Virginia Marie Walker. Mr. Tucker told the Commission that this was a request for a mobile home that had been deferred in order that members of the Planning Commission could visit the site. I%W Mr. Rinehart said that he had visited the site that day with a member of the Planning Staff. He noted that there are five houses in the immediate area, one of which is a mobile home. Mr. Rinehart stated that there is an additional mobile home further down the road. It was his opinion that there should be no problem granting this request as long as the mobile home was placed in the proper location, which he suggested should be in the rear of the outbuildings or back of the house. He moved approval subject to the following conditions: 1. Approval from appropriate state and local agencies; 2. Setback from Route 616 of 100 feet and setback from the existing right-of-way into the property of 60 feet; 3. Skirting around mobile home from ground level to base of mobile home; 4. The mobile home is not to be rented under any circumstances; 5. This mobile home is issued to the applicant and is non -transferable; 6. Screening, if necessary, to be determined by the Zoning staff; 7. Time limit of 5 years. Mr. Tinsley stated that he also thoughtthe setback should be as proposed by Mr. Rinehart in order that the adjacent property owners would not be able to see the mobile home. Mr. Barksdale suggested that the drawing Mr. Rinehart had made on the site should accompany the folder on the special use permit when it went to the Board of Supervisors. Mr. Tinsley seconded the motion, which carried unanimously. -2- SP-509. B.P.O.E. No. 389. Messrs. Gloeckner and McClure disqualified themselves from the discussion and the vote by leaving the room. Mr. Rinehart assumed the chairmanship for this item. Mr. Tucker stated that this item had been deferred in order that the applicant could present a schematic site plan of how the site would be used it the special permit were granted. Mr. Sandy Lambert, architect, explained the location of the clubhouse, the outside activities' location, and the parking facilities. He pointed out that this site could be used because it is clear of trees. The remainder of the site has trees that the applicant wishes to keep if possible. Mr. Rinehart stated that this is a good use for the property, as long as it is made to be compatible with the surrounding residential neighborhood. He said that he has viewed the site, and that it would appear to him that the plans for the outside recreational facilities should be on the opposite end of the site from what is on the schematic site plan. Mr. Lambert reminded the Commission that the plan is only a schematic and that the Planning Commission's input would certainly be considered. He said that the parking indicated is required. He noted that such facilities as the ballroom and public dining areas could expand in the future, and siad that this was one of the items considered in the schematic. Mr. Easter saw the Elks property as an asset to the community, but stated that something should definitely be offered in the way of a buffer between these facilities and the residential neighborhood. Adjacent property owners present voiced their concern about loss of privacy, askeing that the outside facilities be setback considerably and that the lighting be turned from the residential area. Mrs. Graves asked if the water to the river is handled by the swale. Mr. Lambert told her that part of it is, but that such items as this would need further investigation and recommendations from an engineer. Mr. Roudabush stated that the Elks are trying to keep the developemnt out of the tree area as there are possible future plans for picnic facilities in this area. He asked for the permit for the use of the property, and stated that other items be considered at the time that the site plan is presented. Mrs. Graves suggested hours of operation for the outdoor facilities be part of the conditions for the special permit. Mr. Rinehart suggested that the following conditions be part of the special use permit: 1. Approval of site plan and planting by the Planning Commission through site plan review procedure; 2. Removal of only those trees where buildings and parking are to be located; 3. Parking requirement shall be one (1) space per one hundred (100) sq. ft. of gross floor area; 4. Approval by appropriate state and local agencies; -3- 5. Twenty-five (25) foot buffer of existing trees or additional trees as may be required by the Planning Commission to be left along the west property line; 6. Lighting directed away from adjacent properties of two (2) foot candles; 7. Engrance/exit on east of property; 8. Hours of operation: outside to be 10:00 p.m., inside to be 1:30 a.m. 9. Setbacks to be from North 28 degrees, 29 minutes, 35 seconds East, Extended, as follows: 100 feet for the building, 125 feet for the pool; 150 feet for the tennis courts; and 100 feet for the parking facilities. Mr. Easter moved approval of the special use permit subject to the conditions suggested by Mr. Rinehart. Mr. Barksdale seconded the motion, which carried unanimously. Existing Zoning Ordinance: Amend Section 1 - Definitions - Words and Terms Amend Section 1-54 - rewording of the definition for subdivision After a discussion concerning the definition of "new easement" Mr. Rinehart suggested that a committee of John Humphrey, Bob Tucker, Kurt Gloeckner, Fred Payne, and Clifton McClure be formed to discuss this matter and report their decision back to the Planning Commission. Mr. Barksdale moved that this committee be formed and that the items be deferred until after the committee had made its recommendations to the Planning Commission. Mr. Tinsley seconded the motion, which carried unanimously. The meeting adjourned at 9:00 p.m., since there was no further business. August 19, 1975 The Albemarle County Planning Commission held a regular meeting on Tuesday, August 19, 1975, 7:30 p.m., Board Room, County Office Building, Charlottesville, Virginia. Those members present were Mr. Clifton McClure, Vice -Chairman; Mr. Roy Barksdale; Mr. Peter Easter; Mr. Kurt Gloeckner; Mr. Jack Rinehart; Mrs. Ellen Craddock; Mrs. Joan Graves; and Mr. Wilbur Tinsley. Absent were Mr. David Carr, Chairman, and Mr. Lloyd Wood, ex-Officio. In Mr. Carr`s absence , Mr. McClure assumed the chairmanship. He established that a quorum was present and called the meeting to order. SP-499. Peacock Hill Limited: Mr. McClure stated that it had been requested that this request be deferred. Mr. Rinehart moved for deferral; the motion, seconded by Mr. Tinsley, carried unanimously. Charles E. Blue, Jr., final plat: Mrs. Scala remarked that the applicant had requested deferral and asked the commission to approve this request. Mr. Rinehart moved for deferral. Mr. Gloeckner seconded the motion, which carried unanimously. Better Living preliminary plat ( revised ): Mrs. Scala gave the staff report, stating that the property is located on the south side of Route 663. There are ten new lots and two existing lots making a total of 12 lots. The average lot size is 2.1 acres. Mr. Gloeckner asked if there is a building site on each lot. Mr. Walker said that there is. Mr. McClure pointed out that there is more acreage on the property than was originally thought. Mr. Barksdale moved approval of the plat that had one additional lot. Mr. Gloeckner seconded the motion, which carried unanimously. DOOM Running Deer final plat: Mrs. Scala commented that the plat had received preliminary approval in January. The property is located on the south side of Route 250 East. Bond will be posted for the additional dedication. Mr. Rinehart moved apporval of the plat, including the additional dedication of Running Deer Drive, as shown on the plat. Mr. Gloeckner seconded the motion, which carried unanimously. Better Living site plan: Mrs. Scala pointed out that this is a request to replace the modular display unit on the west side of Route 29 North with a new model of the modular unit. It has been the policy, that if this is to come back to the Commission every year for review. if it is to become a permanent use of the property, more screening is to be used. She stated that the staff recommends a landscape plan. The Health Department has waived the water and sewer requirements. Mr. Rinehart commented that a landscaping plan should be sutmitted, and that even if it is a minimum plan, this approach could help the sales. Mr. Nunley stated that the effect of sales model could be destroyed if there is too much landscaping required. Mr. McClure stated that if the Planning Commission reviews the site every year, then it will be easy to see if this appears to be a permanent use for the property. If that is to be the case, then a landscaping plan can be submitted. Mr. Rinehart moved apporval of the site plan for three years, subject to a landscape plan prepared to the Planning staff's approval. Mr. Tinsley seconded the motion, which carried unanimously. Lyon Woods site plan: In the staff report, it was stated that this property is on the southeast side of Route 631. The request is for 6 rental units on 12.98 acres zoned A-1. Mr. McClure disqualified himself from the discussion and the vote by leaving the room. In his absence, Mr. Rinehart assumed the chairmanship. Mrs. Scala stated that there is one section of the site plan that shows plans for the future, in which one -acre lots are shown. She pointed out that this -3 - part of the site plan is not to be considered at this time. She read a letter of opposition from Mrs. Mabel Harlow. Mr. Joe Hearn stated that this part of the plan looks to the future in case there is a higher density in that area at some later date, which is a possibility due to the proximity of the urban area. Mrs. Scala stated that the staff recommends the following conditions to the site plan if it is approved: 1. Grading permit for road and houses if needed. 2. Virginia Department of Highways approval of entrance. 3. No approval of subdivision at this time. Mr. Gloeckner moved approval, subject to the recommendations from the staff. This motion was seconded by Mr. Barksdale, and it carried unanimously. Eugene Brown site plan and final subdivision plat: Mrs. Scala stated that this property was rezoned in March of 1973 to correct a violation. She stated that the site plan is a single family dwelling - this is required since this would make the fifth dwelling unit. She stated that the applicant also wants to subdivide the property. A waiver of water and sewer would have to be given, or else a special permit for a central well will have to be approved . Mrs. Graves asked if the applicant could do all the things he was requesting on one acre. Mrs. Scala commented that R-2 zoning is very permissive. Mr. Brown said that he has a well there now, which is for his personal residence that draws 22 gal./minute. Two houses are served by this well, and the other two houses have individual wells. Mrs. Craddock remarked that under the circumstances, all individuals should have plenty of water. Mrs. Scala stated that Mr. Brown has applied for a special permit for a central well, but that the entire matter is very confusing. Mr. Gloeckner moved deferral of action on this site plan and final subdivision plat until the time when the special use permit would be considered. He also moved that the setbacks and distances between dwellings be shown on the site plan as well as easements for water lines and a joint driveway should be placed where the proposed lot line will divide the property. He noted that the two existing driveways could be used. 1XIC Mr. Rinehart seconded the motion, which carried unanimously. Charlottesville Savings and Loan Site Plan: Mrs. Scala pointed out that this is the site plan for a permanent building. The property is adjacent to Albemarle Square Shopping Center. She noted that the vehicular plan hooks to the Shopping Center. She stated that a landscape plan has been presented. Mr. McClure asked if this site plan considers the cut in the north- bound lane on Route 29. Mr. Evans stated that the entrance is a long way from this. Mr. McClure stated that the entrance for Charlottesville Savings and Loan should comply with the site plan of Albemarle Square. Mrs. Scala commented that the parking spaces are not 10' x 20'. Mr. Rinehart asked if we showed access to these entrances in the approval of the Albemarle Square Shopping Center. Mrs. Scala stated that the entrance there was not shown, but a year later the Board of Supervisors reviewed the site plan. The plan they re- viewed at that time had that entrance on there, in fact they spoke about that entrance, whether or not it was necessary and they finally approved it with that entrance. She further stated that she asked Fred Payne if that would overrule the Planning Commission's approval. Mr. Payne stated that it probably would since the Board had approved it like that. Mr. Gloeckner recommended that the plan should show a paved de-cel lane. Also, 100' of stack space is needed for the drive-in window. Mr. Evans requested that he be permitted to show all the conditions on a revised site plan that he would submit to the planning office. Mr. Gloeckner also questioned the night lighting. Mr. Tinsley moved approval subject to the following conditions: 1. Deceleration lane at the entrance. 2. Virginia Department of Highways approval. 3. Parking spaces must be shown 10' x 20'. 4. Mark one-way directional arrows on the plan. I%W 5. Show appropriate floor area and amount of parking required and provided. 6. Over 10,000 square feet to be graded requires a grading permit. 7. Lighting should be directed away from the traffic. -5- 8. Approval of site plan does not guarantee availability of sewer. 9. A fire hydrant is required in the southern -most corner of the property. 10. Minimum 100' stack space for the drive-in window. 11. County engineer to check storm drainage. If there is any difference of opinion then the plan is to come back to the Commission. 12. A revised site plan is to be submitted and approved by the staff. Mr. Barksdale seconded the motion, which carried unanimously. Mr. Easter noted for the record that he does not have a conflict of interest in this plan. E. F. Wieboldt final plat: Mrs. Scala noted that this is a final plat for one 2-acre lot on an existing 15' right-of-way. Without approval, the property would be land- locked. Mr. Gloeckner stated that a note should be put on the plat stating "The right-of-way cannot be used as an access to the 8.6 acre residue." With this note to be put on the plat, he moved for approval. Mr. Barksdale seconded the motion, which carried unanimously. Monticello Home Builders final plat - William A. Moomaw Property The staff told the Commission that this property is located on the east side of Route 620. There are two 2-acre lots that require a waiver of frontage requirements. Mr. Rinehart asked if there are two building sites on the property. Mr. Snow stated that there are. Mr. Gloeckner recommended one entrance, instead of two on the sharp curve. Mr. Barksdale moved approval, provided that a common entrance is used. Mr. Gloeckner seconded the motion, which carried unanimously. Terrybrook final plat: Ir, Mrs. Scala stated that approval of this plat will complete the sub- division. -E- Mrs. Craddock stated that the Planning Commission should not approve this plat until all the soil erosion that has occurred has been rectified. Mr. Gloeckner stated that a vicinity map should be shown on each plat. Mrs. Craddock moved that action on the plat be deferred until the soil erosion violation in Terrybrook has been corrected. Mrs. Graves seconded the motion, which carried unanimously. The staff noted that a grading permit for the new road contruction will have to be obtained, and any existing erosion cleaned up. Mr. Fred Payne said that the motion for deferral under these circum- stances is perfectly in order. Michie Tavern Country Store - review of working drawings: Mr. Rinehart questioned the reason for review. Mrs. Scala pointed out that this was one of the conditions of the special sue permit. She stated that the applicant proposes to restore one building and add a series of craft shops. A lengthy discussion followed regarding the removal of some trees that should have remained. it was established that these "trees" were just scrubbs and that entire landscaping would occur when the site was finished - this would virtually make the parking lot invisible from Route 53. Mr. Rinehart moved approval of the contract drawings. Mr. Gloeckner seconded the motion, which carried unanimously. Since there was no further business, the meeting adjourned at 9:;5 p.m. John L. Humphrey, Secretary In August 26, 1975 The Albemarle County Planning Commission held a meeting on Tuesday, Aubust 26, 1975, 7:30 p.m., Board Room, County Office Building, Charlottesville, Virginia. Those members present were Mr. David Carr, Chairman; Mr. Roy Barksdale; Mr. Kurt Gloeckner; Mrs. Ellen Craddock; Mr. Wilbur Tinsley; Mrs. Joan Graves; Mr. Jack Rinehart; and Mr. Peter Easter. Absent were Mr. Clifton McClure, Vice -Chairman and Mr. Lloyd Wood, ex-officio. Mr. Carr established that a quorum was present and called the meeting to order. SP-508. John H. Flick. Mr. Tucker explained that this request for a mobile home had been deferred in order that the elevation of the site, due to its proximity to the floodplain, could be determined and in order that the Health Department could respond as to whether the property could sustain a septic system. He noted that the Engineering Department had determined that the lowest point on the site is 369 feet, 9 feet above the 360 feet established as floodplain by the Corps of Engineers. Mr. Homer Cheavacci of the Health Department had recommended that Mr. Flick be allowed to hook up his trailer to the public sewer line that is now being installed in close proximity to where his proposed trailer sits. If this hook-up is not possible, the Health Department recommended a septic system that would require the installation of a dual pump system with a warning device inside the trailer, plus 800 square feet of drainfield lines. Mr. Barksdale asked asked who will be responsible for enforcement of the Health Department conditions. Mr. Tucker told him that the Health Department would be. Mr. Carr gave a description of the site, noting that at best it is a difficult site. Mr. Easter agreed with Mr. Carr, but said that if Mr. Flick is willing to bear the expense, then he moved approval with the following conditions: 1. Approval from appropriate state and local agencies; 2. Setback from Route 643 of 100 feet; 3. Side yard setback of 25 feet and rear yard setback of 35 feet; 4. Skirting around mobile home from base of mobile home to ground level; 5. This mobile home shall not be rented under any circumstances; - 2 - 6. Screening, if any, to be determined by the Zoning Staff; 7. Time limit of 5 years; 8. This permit is issued to the applicant and is non -transferable. Mr. Easter also pointed out to the applicant that in five years the special permit will have to be re -approved. He also recommended that as few trees as possible be cut. Mr. Barksdale seconded the motion, which carried by a vote of 7-1, Mr. Carr voting against the motion. At this point Mr. Easter stated that he could not find a sign in front of the Flick property. He voiced his concern about the signs that are to be posted on the right-of-way when the use or zoning of property is proposed to be changed. He asked that they be posted in sight of the road, in order that all property owners in the area be aware of a requested change, not just those adjacent property owners who are notified by the County. Mr. Tucker stated that for requests for mobile homes, signs are placed by the zoning staff. Signs for ZMP's and SP's are to be placed on the right-of-way. He asked the Planning Commission for a statement expressing their request for better posting. *40W Mr. Easter moved that the Planning Commission ask the staff to check the size, color, and other guidelines for posting signs in the right - of way while action on requests is pending before the county. Mr. Tinsley seconded the motion, which carried unanimously. Better Living, Inc. revised final plat at Nortonsville: Mr. Tucker stated that this plat, in final form, had been submitted on this date to the Planning Office. He remarked that the subdivision has been revamped, pointing out that two lots have been deleted, and other lots have been combined in order to have eight lots in total, rather than the twelve that were originally submitted. The staff recommended approval subject to the following conditions: 1. Lots 1 and 2 have a shared entrance; 2. Lots 3 and 4 should also have a right-of-way across the shaded strip, in addition to lots 5-8. Mrs. Craddock asked it the topography permitted these conditions. Mr. Walker stated that it does. Mr. Payne asked who is to own the two access strips. Mr. Walker stated taht to the northside the strip will be deeded to lot #5 with a right-of-way to lot 8. Mr. Payne stated that lots 3-8 should have a right-of-way across the shaded strip. -3 - Mr. Easter moved approval subject to the conditions recommended by the staff. Mr. Gloeckner seconded the motion, which carried unanimously. Charlottesville Panorama: Mr. Carr stated that they were now at that point on the agenda where this item was listed. He asked the office of the County Attorney what should be done about this item. Mr. Payne stated that Mr. Tucker of the Planning Staff could read the letter, since it is already part of the record. Mr. Tucker read the letter from Mr. Wood requesting that the site plan be placed on the next Planning Commission agenda and also requesting that some action be taken. Mr. Payne remarked that the reading of the letter in no way means that the Planning Commission states approval of the contents of the letter. He siad that the first part of the letter holds no significance. He stated that the second part of the letter is the reason for the present litigation, and asked that the Planning Commission make no comments. Mr. Rinehart moved that the Planning move on to the next item of business on the agenda. Mr. Tucker read a letter from the Virginia Department of Highways and Transportation regarding the study done on Route 29 North at the Berkeley and Shoppers World entrance. The following is from the letter that was read to the Planning Commission: The first item that was studied was the speed at which the traffic was traveling on Route 29 in the north and south bound lanes. During the morning peak hour and the afternoon peak hour the sheer volume of traffic tended to keep the motorist traveling at a relatively safe and consistent speed. During the off peak hours when the volume of traffic was down, the speed at which they were traveling increased. Our traffic survey indicated that the 85 percantile speed in the northbound lane was 50 mph, and 49 mph in the southbound lane. Considering the speed limit is 45 mph, out study shows that 35 percent of the motorists exceeded the posted speed limit in the northbound lane and 28 percent of the motorists exceeded the speed limit in the southbound lane. Based on these results our Traffic and Safety Offices in Richmond and Culpeper did not feel that a reduction in speed was warranted. The second part of the study consisted of a traffic signal evaluation at the intersection of Route 29 and Route 851. This study lasted for 12 hours. The results indicated that Route 851 failed to meet the minimum warrants for signalization. WE In order to take in the total picture, we reviewed the accidents which took place in this area from January 1, 1972 through September 30th, 1974. This was approximately 33 months. During this time there were four (4) reported accidents with no injuries; and property damage only amounting to $600.00. In realizing that the development of the Charlottesville Shoppers World is generating more traffic additional observation is certainly in order. Our Traffic and Safety Office in Culpeper will continue to review this location for any changes that might take place. Even though there are slight delays experienced by the motorist while entering and leaving the Shopping Center it is felt that no changes are required. In summation, the Traffic and Safety Offices both in Richmond and Culpeper are recommending that the speed limit not be reduced on Route 29 since the traffic volumes at this particular location have a better than usual accident picture, and as soon as the Charlottesville Shoppers World has been in existence for another few months, a more realistic accident picture can be obtained and will be reviewed. Mr. Gloeckner asked if there is a "Dangerous Intersection" sign posted in the southbound lane. He stated that he too felt that a traffic light could be dangerous, but felt that a sign was needed. Mr. Easter agreed. Mr. Carr pointed out that this would be a good way to further pursue the situation and asked the staff to draft a letter to the Virginia Department of Highways concerning the sign. Mr. Gloeckner put this suggestion into the form of a motion also requesting that the Virginia Department of Highways give an up -date on the intersection at the appropriate time. Mr. Rinehart seconded the motion, which carried unanimously. Since there was no further business, the meeting adjourned at 8:10 P.M. September 2, 1975 The Albemarle County Planning Commission held a regular meeting on Tuesday, September 2, 1975, 7:30 p.m., Board Room, County Office Buidling, Court Square, Charlottesville. Those members present were Mr. David Carr, Chairman; Mr. Kurt Gloeckner; Mr. Roy Barksdale; Mrs. Ellen Craddock; Mr. Peter Easter; Mr. Jack Rinehart; Mr. Wilbur Tinsley; Mrs. Joan Graves; and Mr. Lloyd Wood, ex-Officio. Absent was Mr. Clifton McClure, Vice -Chairman. Mr. Carr established that a quorum was present and called the meeting to order. Mr. Carr thanked the representative from The Daily Progress for the series of articles explaining the proposed zoning ordinance, noting that he felt that the explanations in those articles had done much to clarify the questions of property owners in Albemarle County. ZMP-331. J. W. Wright, Jr., and Frank A. Kessler. Mr. Tucker stated that he had received a call from the petitioner the afternoon of the meeting requesting that this application be withdrawn without prejudice. Mr. Tucker noted that this request would be presented in writing to the Planning Staff. Mr. Rinehart moved that the Planning Commission accept the request for withdrawal without prejudice. Mr. Gloeckner seconded the motion, which carried unanimously. Eugene Brown site plan and final subdivision plat AND SP-513. Eugene E. Brown has petitioned the Albemarle County Board of Supervisors to locate a central well on 2.222 acres zoned R-2 Residential. Property is situated on the north side of Route 702. Property is further described as County Tax Map 76, Parcel 15. Samuel Miller Magisterial District. Mr. Tucker told the Commission that the site plan and final subdivision plat had been deferred until the request for SP-513 could be considered. He noted that three separate actions were needed. The Commission deferred until the end of the meeting action on these items in order that the applicant might be present. -2- UP-75-08. Charles C. Motley has petitioned the Albemarle County Board of Supervisors to amend the following Sections of the County Zoning Ordinance: Section 15A-1 Signs Permitted ( A-1 Agricul- tural ) to permit under Section 15A-1-15 Temporary Portable Signs: Section 15A-6 Signs Permitted ( B-1 Business ) to permit under Section 15A-6-9 Temporary Portable Signs; Section 15A-7 Signs Permitted ( M-1 Manufacturing ) to permit under Section 15A-7-9 Temporary Pootable Signs; Section 15A-8 Sings Permitted ( M-2 Manufacturing ) to permit under Section 15A-8-9 Temporary Portable Signs. Mr. Tucker gave the staff report, commenting that it is the staff's opinion that a teimporary sign as described by the applicant could be easily abused and would eventually become a permanent sign by simply being renewed or applying for a new sign permit each time the message changed or an extension of time was requested. He also said that in view of the county's recent attempt to more effectively regulate the signs in Albemarle County, the staff feels that a teimporary portable sign would not be in keeping with the sign committee's intent and therefore the staff recommended denial of the amendment. Mr. Motley, the applicant, stated that the city of Charlottesville allows these signs with a permit. He stated that he had talked to Mr. Clarke, the Zoning Administrator, who was not receiptive. He talked then to Mr. Lloyd Wood, his Board representative, who recommended this route. He stated that this is a small sign at the point of purchase. He presented a picture of some signs on Route 29 North, and feels that his idea is more attractive for a temporary use. Feels these signs to be a service to smallbusinessmen. He stated that he does not want to employ the services of an attorney in order to secure this temporary sign priviledge from the county. He emphasized that wherever this has been done, it has been a service that has worked well. Mrs. Seldon stated her concern about adding more signs to the county roads, expecially when the county has been tryping to secure scenic highway designations. Mr. Motley stated that the signs he proposes are not in addition to existing signs, but rather would replace hand written signs, etc. He emphasized that they are to be temporary. Mr. Easter siad that he was under the impreseeion that these signs, of certain size - 16 sq. ft. on each side - were permitted by the present ordinance. Mr. Tucker stated that the County Zoning Administrator says that the signs proposed by Mr. Motley do not meet with the zoning ordinance. Mr. Tucker said that he does not know the specifics of Mr. Clarke's interpretation, but that he himself feels that a temporary event sign is the nearest similarity to Mr. Motley's proposal that is described in the current ordinance. Mr. Easter said that he would like the full details, especially an explanation if it were turned down because of size or type. Mrs. Graves questioned the setbacks that would apply in this -3- case and the party responsible for maintenance and storage of the signs. Mr. Motley stated taht the sing maintenance would be by the sign company, not the lessee. Mrs. Craddock seemed to feel that the Planning Commission would be caught in the middle when the use for a sign is changed. She suggested action be deferred until the Zoning Administrator could be present to explain the particulars. Mr. Carr pointed out that the Planning Commission is being asked to amend the ordinance, not to overrule the Zoning Administrator. Mr. Lloyd Wood stated that this is a matter of interpretation of the ordinance, and that the Zoning Administrator had interpreted the ordinance in the strict sense. He pointed out that this was the best route to be taken, since it was also his feeling that this temporary sign amendment to the ordinance would releave the guadiness of the present situation. Mr. Rinehart Suggested that Mr. Motley's proposal fit under the temporary event sign clause and then the county should employ tighter enforcement of the ordinance. He felt that the time period of temporary ' event signs should be cut considerably from the maximum six month period and absolutely not allow these signs in the A-1 zone. Mr. Motley said that his signs are fifty square feet on each side. Mr. Carr said that many temporary signs "get tired" and further noted that this part of the ordinance is very hard to enforce. The main concern is with administration. Mr. Motley suggested that the amendment should state that the temporary sign, upon expiration, could not be re -acquired for a period of thirty days, then enforcement would be simpler. Mr. Carr pointed out the cost and care in choosing a location for a permanent sign. He stated that with temporary signs, there is not so much attention placed on these matters by a lessee, and sometimes rules are broken, perhaps not even deliberately, because the sign is not owned by the business establishment. Mr. Motley agains siad that county would be working with the sign company, not with the lessee. Mr. Carr asked how many such signs were now leased in the City of Charlottesville. Mr. Motley said that his company had no signs leased there. Mr. Carr closed the public hearing. Mr. Gloeckner pointed out that the county does not even have a definition of temporary portable signs. -4- Mrs. Craddock suggested a work session on the sign ordinance before the zoning ordinance is amended to include Mr. Motley's request. Mr. Easter stated that he does not want the size and number of sign increased over the number permitted by the present ordinance. However, he said that this request seems to fit the temporary event sign if it is limited in size to 16 sq. ft. per side. Mr. Payne, the legal counsel present, suggested consultation with the Zoning Administrator, since without knowledge of his reasons for the strict interpretation, action by the Planning Commission would be premature. Mrs. Craddock moved deferral until there could be proper input. Mr. Tinsley also voiced his concern about the situation, and seconded the motion; it carried unanimously. SP-514. Woodsmen of the World Fraternal Insurance Society has petitioned the Albemarle County Board of Sueprvisors to locate a fraternal lodge and summer camp on part of 38.0 acres zoned A-1 Agricultural. Property is situated on the northwest side of Route 604, and the northeast side of Route 817. Property is further described as County Tax Map 19, Parcel 46A, part thereof. White Hall Magisterial District. Mr. Tucker presented the staff report. Mr. Gloeckner questioned the number of acres that will be used for this lodge and summer camp. Mr. Tucker said that 15 acres would be used. Mr. Easter asked for landmarks in the area in order to locate the site. Mr. Roy Canada, local representative for the Woodsmen of the World, stated that it is next to the Piney Ridge Brethern Church. He also explained the use of the property. Mr. Paul Smith, regional representative, stated that membership is held by policy holders, and that there are approximately 582 members in this area. He said that H. H. Lamb is selling the property in question to the Woodsmen. Mr. Rinehart asked if all activity is localized, and was told that it is. Mr. Charles Herring, a property holder across the street, was concerned about alcoholic beverages being served on the premises and questioned the general activities of the organization. -5- Mr. Smith stated that alcoholic beverages are prohibited by the consititutional by-laws of the Woodsmen, which has been in operation for 27 years. He stated that this is a family organization. Mr. H. Roach was concerned about the access to the property. Mr. Canada stated that easements from been secured form Route 604 and 817. Mr. Roach illustrated on the chalkboard his concern about the easements on 817, stating that Route 817 does not need any extra traffic. He was specifically concerned about the traffice because of his small children. Mr. Herring stated that the road to the lodge and camp come in on a coruve and there is also a drainage problemin the area. On behalf of the church board, Mr. W. J. Marx voiced his concern for the project. Mrs. Margaret Roach stated concern about the proximity of this lodge and camp to her property. Mr. Charles Herring also questioned the hours of operation. Mrs. Hausroute said that the driveway to this facility will come right into her driveway. Mr. Canada stated that the Woodsmen organization will be willing to work with the church regarding the road since they wish to be a good neighbor to people living in the area. Mr. Roger Browning, the other local field representative, stated that the facilities will be used only for family entertainment. Mr. Carr asked the number of night sessions per month and was told this would be one night meeting. Mr. Browning also pointed out that the lodge will not be built for approximately five years. Mr. Rinehart emphasized that this facility will have an impact upon a small community that could be either bad or good, and it is the reponsibility of the county to setforth guidelines that will make the impact good. He suggested deferral of the matter until the Planning Commission could review the site and until the staff could contact planners in other areas of the state about how this organization's facilities have been handled in other areas. Mr. Carr noted that the public hearing was not closed. Mr. Rinehart put his suggestion into the form of a motion for deferral, which Mr. Easter seconded. /3 I Q. Mr. Carr asked Mr. Rinehart to amend his motion to include a study of the ingress and egress to the property. Mr. Rinehart did this. Mr. Canada stated that the Virginia Dept. of Highways has not approved the ingress and egree, but also stated that there is no road frontage on Route 817. Mr. Easter asked it if is legal for the Commission to include in the list of conditions that no alcoholic be served on the premises. Mr. Payne stated that this would not be legal, since it could not be enforced. The motion for deferral carried unanimously. Mr. Carr appointed a committee, to be chaired by Mr. Rinehart, to view the site on Friday, September 5, 1975. Others on the committee were Mrs. Joan Graves, Mrs. Ellen Craddock. Mr. Tucker of the Planning Staff would also serve on the committee. Lewis Hill West Subdivision - final plat: Mr. Tucker told the Commission that the Board had lifted the moratorium on this particular subdivision since the restricted road was already built before the moratorium was in effect and that no grading would be involved in this subdivision. The Board has directed the Planning Commission to act on Stowe Court sicne there will be no impact on the reservoir. He said that the plat has received preliminary approval, and that the staff recommends approval subject to the following conditions: 1. Conditions of SP-382 for a central well shall be met; 2. Note on the plat stating "lots 8 and 14 must have ingress and egress onto Stowe Court only." Mr. Tucker also pointed out that approval of this plat would waive the frontage for lots 10 and 11. Mr- Rinehart moved approval subject to the conditions recommended by the staff. Mr. Gloeckner seconded the motion, which carried unanimously. Eugene Brown site plan and final subdivision plat AND SP-513. The Commission voted to defer action on these items until the applicant could be present. 76 Q. Mr. Tucker informed the Commission that they are considerably behind in approving minutes of the meetings. In fact, seventeen sets of minutes have been mailed to the Commission that need Commission review and action. Mr. Carr suggested that a meeting be scheduled for the next week for approval of minutes and for discussion of future work sessions. Mr. Humphrey explained to the Commission that he had defended the proposed zoning ordinance on a local radio station in rebuttal to accusations made by a Greene County attorney, who was obviously misinformed about the procedures of the Planning Commission when the proposed ordinance was being drafted and put into final form. Mr. Iloyd Wood also added his congratulations to the representative of The Daily Progress for its series of articles on the proposed zoning ordinance. The meeting adjourned at 9:30 p.m. J/ "err September 9, 1975 The Albemarle County Planning Commission held a work session on Tuesday, September 9, 1975, 7:30 p.m., Board Room, County Office Building, Charlottesville, Virginia. Those members present were Mr. David Carr, Chairman; Mr. Kurt Gloeckner; Mrs. Ellen Craddock; Mr. Roy Barksdale; Mrs. Joan Graves; Mr. Peter Easter. Absent were Mr. Clifton McClure, Vice -Chairman; Mr. Jack Rinehart; and Mr. Wilbur Tinsley; Mr. Lloyd Wood, ex-Officio. order. meeting. Mr. Carr established that a quorum was present and called the meeting to Approval of minutes: The Commission deferred action on these minutes until the end of the UP-75-08: The Commission deferred action on this until later in the meeting. SP-513. Eugene E. Brown has petitioned the Albemarle County Board of Supervisors to locate a central well on 2.222 acres zoned R-2 Residential. Property is situated on the north side of Route 702. Property is further described as County Tax Map 76, Parcel 15. Samuel Miller Magisterial District. Mr. Tucker explained that not only would the central well be considered, but that a request for a subdivision and a site plan were being submitted in conjunction with the request for a central well. He reminded the Commission that three separate actions would be required. Mr. Brown said that his personal well was the one he intended to use as the central well, and that according to a.test that was made when it was dug, that it drew 20 gal./minute. He stated that he had not had the 48 hour test run because of the length of time that it had taken to fill his swimming pool, much under the minimum time period. He said that during that time he had had no complaints from his tenants regarding lack of water. Mr. Humphrey told the Commission that the staff had been instructed not to bring requests to the Board for a central well until a well had had a 48 hour test. Mr. Barksdale asked the cost per hour of this sort of test, and Mr. Humphrey stated that it cost approximately $30.00 per hour. 72- I. -2- Mr. Gloeckner stated that he may not have met the technicality, but that in view of the fact that he had filled his swimming pool in 56 hours at a rate of approximately 10 gal./min., a test had already been run and that the 48-hour test seemed to be a waste of money and water. He suggested using the other 3 wells on the property as auxiliary systems in case of shortage of water from this particular well. Mr. Barksdale remarked that since Mr. Brown is in the rental business, he would have to provide his tenants with water. Mr. Barksdale recommended approval of the special permit , subject to all the conditions suggested by the staff except Condition #1, which related to the 48-hour test. He asked Mr. Humphrey the staff's feeling on this omission. Mr. Humphrey stated that under the circumstances, a 48 hour test did not seem necessary, and that the staff would present the feelings of the Planning Commission to the Board of Supervisors. Mr. Gloeckner seconded the motion. The motion to approve SP-513 was to include the following conditions: 1. Health Department approval of the water; ` 2. County Engineering Department approval of the sizing of the water lines which serve the units. 3. Any additional units to be served by the well will require an additional special use Mrs. Graves suggested,before the vote,that in order to avoid paying permit. approximately $30/hour for the 48-hour test that Mr. Brown wait to request the special permit the following year when he again filled his swimming pool, at which time, with proper monitoring, this could be used as a substitute for the 48-hour test, Mrs. Craddock suggested that some proviso to the motion be made in order that the Board of Supervisors would know that the Planning Commission did consider the filling of the swimming pool to be the substitute to the 48-hour test. Mr. Humphrey assured her that the staff would make this presentation. Mr. Payne stated that this is possible. The motion to approve SP-513 subject to the above conditions carried unanimously. Eugene Brown site plan and subdivision plat ( Route 702 ) Mr. Tucker told the Commission that the subdivision had not been recotded 14W at time of approval, and that when he had tried to record it, the restrictions had been changed to include a water requirement for a subdivision of this type. He stated that at a previous meeting the Planning Commission had asked for the setbacks to be shown, the easement of the water line to be shown, and that joint driveways be shown. The applicant had placed all these items on the plat. 7-3 -3 - y Mr. Tucker further stated that the staff recommended approval of the site plan and the subdivision, but asked that two separate actions be taken. Mr. Barksdale moved approval of the subdivision subject to 1) location of septic systems to determine if easement is necessary; 2) Board approval of SP-513; 3) Health Department approval. Mr. Gloeckner seconded the motion, which carried unanimously. Mr. Easter moved approval of the site plan subject to 1) Health Department approval; 2) Board approval of SP-513. Mr. Barksdale seconded the motion, which carried unanimosuly. Mr. Easter took this opportunity to request that an investigation be made as to improvements in the cost and procedure for 48-hour testing of a well, noting that county requirements should still be met. Mr. Carr suggested that the County Engineer should do this. Mr. Humphrey said that he would speak to the County Engineer about this, but that all that the county requires at this time is a documented 48-hour test. UP-75-08.: Mr. Tucker told the Planning Commission that Mr. Hartwell Clarke, Building and Zoning Official, was present to answer some questions raised at the previous meeting concerning this request to amend the ordinance. Mr. Clarke stated that anything that is not mentioned in the zoning ordinance is not permitted. He stated that as far as portable signs were concerned, he had no strong feelings. He said that he had guided Mr. Motley, the applicant, to request that the ordinance be amended, since this seemed to be the least expensive route. He pointed out that permission to amend the ordinance would secure the applicant that he could begin to make plans for business in the Albemarle County area. Mrs. Graves stated that this amendment to the ordinance would mean nothing - that the County could not force a businessman to rent these signs in preference to hand -lettered signs. She stated that this would only give permission to liter the highways with more signs. Mrs. Craddock stated that the sign that Mr. Motley proposed to use is much too large. Mr. Easter stated that there are times when a businessman needs a short term sign, and that many of the amateurish lettered signs are awful, thus leaving a bad image for the business itself. He stated that the portable sign would meet a short term need, but that the proposed dimensions for the sign are much too large. Mrs. Craddock stated that in her opinion hand -lettered signs, such as those used for yard sales, were much more attractive. Mr. Barksdale said that the issue is to first decide if the size of the sign meets the approval of the Commission. He said that Mr. Motley is not going. to bring his business here if he has to manufacture another size sign to meet '46W the ordinance, since obviously he already has invested in the signs that will be used. Mr. Gloeckner voiced opposition to the request, noting that it would be much too difficult for the county to police the use. �f- QM Mr. Carr agreed with Mr. Gloeckner, also noting that he did not want to increase the square footage of signs in Albemarle County. He said that there must be some demand for such signs, otherwise Mr. Motley would not have requested to amend the ordinance. Mr. Clarke asked that if the use is permitted, that it be very carefully worded. Mrs. Graves moved that the Planning Commission accept the advise of the staff and deny the request. Mr. Gloeckner seconded the motion. Mr. Payne asked the Commission if he could assume that this request is being denied not only on the basis of aesthetics, but also because of safety and welfare reasons , plus the fact that the use would be hard to regulate. The Commission stated that this is a proper assumption. Mr. Clarke asked if this denial waived the route of the Board of Zoning Appeals for Mr. Motley. Mr. Payne stated that it probably did, because of the time element - that after the zoning official makes a ruling, the applicant has thirty days to request a hearing before the BZA. Mr. Carr noted that at some future work session, the Planning Commission needed to address the thirty foot setback for signs in the county. Mr. Clarke asked that grading plans be submitted simultaneously with site plans, in order that soil erosion problems could more easily be controlled. Mr. Tucker reminded Mr. Clarke that one of the conditions to site plan approval is always the securing of a grading permit. Mr. Clarke seemed to feel that once the Planning Commission signs a plat that the applicant feels that he can commence grading. Mr. Tucker again stated that all plans are approved subject to a grading permit being secured. Mr. Payne stated that the County has a maximum of 45 days to act on a soil erosion application. At this time Mr. Clarke explained the 45 day process to the Planning Commission. There was no further discussion on the matter, and the vote to deny the request carried unanimously. I%W ,5 M -5- Approval of minutes: January 13, 1975: Mr. Barksdale moved approval; Mr. Gloeckner seconded the motion, which carried by a vote of 5-0. Mrs. Graves did not vote since she was not a member of the Commission at that time. January 16, 1975: Mr. Easter moved approval, and Mr. Barksdale seconded the motion. It carried by a vote of 5-0. Mrs. Graves did not vote since she was not a member of the Commission at that time. January 21, 1975: Mr. Easter moved approval; Mr. Gloeckner seconded the motion, which carried by a vote of 5-0. Mrs. Graves did not vote since she was not a member of the Commission at that time. January 22, 1975: Mr. Barksdale moved, and Mr. Gloeckner seconded, approval. The motion carried unanimously. January 27, 1975: Mr. Barksdale moved, and Mr. Gloeckner seconded, approval. The motion carried unanimosuly. February 3, 1975: Mr. Easter moved for approval. Mr. Gloeckner seconded the motion, which carried unanimously. February 5, 1975: Mr. Barksdale moved approval of these minutes; the motion, which carried unanimously, was seconded by Mr. Easter. February 10, 1975: Mr. Easter made a motion for approval, seconded by Mr. Gloeckner. The motion carried unanimously. February 17, 1975: `%W Mr. Easter moved approval. Mr. Barksdale seconded the motion, which carried unanimously. February 24, 1975: Mr. Easter moved, and Mr. Gloeckner seconded, approval. The motion carried unanimously. March 3, 1975: Mr. Easter moved for approval. Mr. Gloeckner seconded the motion, which carried unanimously. March 5, 1975: Mr. Easter moved approval. Mr. Gloeckner seconded the motion, which carried unanimously. March 10, 1975: Mrs. Graves noted that the first item of business was incorrect, but that the staff had already corrected the minutes. Mr. Humphrey stated that the tax map notation should be Tax Map 61M, Parcel 1 ( Berkmar Drive ). Mr. Barksdale moved approval subject to this change. Mr. Easter seconded the motion, which carried unanimously. March 17, 1975: 'err Mr. Easter moved approval of these minutes. Mr. Barksdale seconded the motion, which carried unanimously. March 25, 1975: Mr. Gloeckner moved approval. Mr. Easter seconded the motion, which carried unanimously. March 26, 1975: Mr. Barksdale moved approval of these minutes. The motion was seconded by Mr. Gloeckner and carried unanimously. April 2, 1975: Mr. Easter moved approval of these minutes. Mr. Barksdale seconded the motion, which carried unanimously. April 7, 1975: Mr. Barksdale made a motion to approve, seconded by Mr. Gloeckner. It carried unanimously. April 9, 1975: 140W Mr. Barksdale moved approval. Mr. Gloeckner seconded the motion, which carried unanimously. %7 -7 - April 21, 1975: Mr. Gloeckner moved approval of these minutes. Mr. Barksdale seconded the motion, which carried unanimously. May 1, 1975: Mr. Easter moved for approval. Mr. Gloeckner seconded the motion, which carried unanimously. May 19, 1975: Mrs. Craddock asked that these minutes explain the reasons for waiver of frontage for the Carpenter plat and that the Trogdon plat be located by highway number. Subject to these additions, Mr. Gloeckner moved approval. The motion was seconded by Mrs. Craddock. It carried unanimouuly. June 2, 1975: Mr. Barksdale moved approval, and Mr. Gloeckner seconded the motion. It carried unanimously. F June 4, 1975: Mr. Barksdale moved approval of the minutes. Mr. Easter seconded the motion, which carried uanimously. Mr. Tucker noted to the Commission that some corrections had already been made to some of the minutes by listening to the tapes. Mr. Tucker asked that the Planning Commission consider meeting on September 18, 1975, to consider approximately six items that had been deferred because of the moratorium. The Commission added this to the meeting to the calendar. Mr. Humphrey advised the Planning Commission that he had some items of business that he wished to be considered at future work sessions of the Planning Commission. He stated that if the Board proceeds with the proposed zoning ordinance, the staff will have 30-45 days more work to complete. Other items that Mr. Humphrey expressed a desire to work on with the Planning Commission were the bike trail system, which had been studied by the summer interns. He noted that this could be incorporated into the Comprehensive Plan at review time in more detail. +*AW He asked that the Planning Commission give the staff some direction as to items that it wished to consider in future work sessions. Mr. Humphrey stated that it is the desire of the staff to do most of the work on the Comprehensive Plan "in house". He noted that such items as follows might -r be considered at review time of the Comprehensive Plan: 1. parks 2. school needs 3. fire protection 4. police 5. bike trails 6. housing situation - especially low cost housing He stated that the staff is currently working with the Department of Highways and Transportation on a land use survey. Mr. Easter suggested that no work commence regarding the Comprehensive Plan until the Board of Supervisors makes some sort of decision regarding the proposed zoning ordinance and map. He specifically asked that the Planning Commission address the mobile home situation. He questioned the work on "police" that Mr. Humphrey mentioned. Mr. Humphrey explained that the work he meant would involve population studies, services available, and expense as far as giving the police some guidelines to follow from the planning viewpoint. Mr. Barksdale asked that low cost housing be addressed. Mr. Easter pointed out that studies had been made by state and federal organizations and that nothing conclusive could be arrived at. Furthermore, he stated that there seems to be no direction from the Board of Supervisors regarding this. Mrs. Graves stated that she did not think it necessary to wait on a decision from the Board regarding the zoning ordinance, since zoning should not color the Comprehensive Plan or vice versa. Mr. Humphrey took this opportunity to explain reasons that the staff feels the cluster concept is still part of the proposed zoning ordinance. The Planning Commission briefly reviewed the compromises that had been made when recommending zoning for the property of Albemarle County The meeting adjourned at 9:50 p.m. Em John L. Humphrey, Secretary cm September 16, 1975 The Albemarle County Planning Commission met on Tuesday, September 16, 1975, Board Room, County Office building, Charlottesville, Virginia, at 7:30 p.m. Those members present were M. Clifton McClure, Vice -Chairman; Jack Rinehart; and Mrs. Joan Graves. Absent were Mr. David Carr, Chairman; Mr. Peter Easter; Mr. Roy Barksdale; Mrs. Ellen Craddock; Mr. Kurt Gloeckner; Mr. Wilbur Tinsley. Mr. McClure called the meeting to order. A quorum could not be established and the meeting was therefore adjourned until Thursday, September 18, 1975. September 18, 1975 The Albemarle County Planning Commission held a meeting on Tuesday, September 18, 1975, 7:30 p.m., Board Room, County Office Building, Charlottesville, Virginia. Those members present were Mr. David Carr, Chairman; Mrs. Joan Graves; Mrs. Ellen Crad- dock; Mr. Roy Barksdale; Mr. Kurt Gloeckner; Mr. Jack Rinehart; and Mr. Wilbur Tinsley. Ab- sent were Mr. Easter and Mr. Clifton McClure, Vice -Chairman. Mr. Carr established that a quorum was present and called the meeting to order. SP-514. Woodmen of the World Mr. Tucker reminded the members of the Commission that this item had been deferred in order that the staff could contact different areas where the Woodmen already had facilities and in order that members of the Commission could view the site. He stated that the staff had contacted the Rockingham County area and the Appomattox area. The Appomattox area has no requirements for a. special use permit for such facilities - there have been no complaints in this area. Rockingham County does require a special use permit, and one was granted to the Woodmen of the World; however, no conditions were placed on the special use permit in Rockingham County. They, too, have had no complaints. Mr. Tucker stated that he had viewed the site with the members of the Commission who had been appointed to do so. He stated that they had met with the applicant as well as with some of the local residents, and certain recommendations to these people had been made which the staff and the committee felt would be supported by the Planning Commission. rirrr+ Mr. Tucker stated that the staff recommends the following conditions if the special use permit is approved: 1. Site Plan approval be granted by the Planning Commission for the fraternal lodge; 2. The entrance at the church be improved and utilized by the Woodmen of the World - this entrance is just off Route 604 (the staff and committee felt this to be the best entrance because of the sight distance); 3. The right-of-way to be used by the Woodmen of the World to be located on the west side of the existing fence and retain the existing tree line along the fence to serve as a buffer between the church and the Woodmen of the World right-of-way; 4. Entrance on Route 817 to be limited to maintenance and service entrance with a chain and lock on the entrance. Mr. Herring, a resident of the area, stated that the church would be receptive to giving the Woodmen an access off the corner of the property. Mr. Lamb suggested trading a portion of the land with the church. Mr. Browning of the Woodmen of the World agreed with Mr. Lamb's statement. Hollis Roche, speaking for the church, stated that the church would be agreeable to the trading of land for an entrance. The staff suggested meeting with the Highway Department on the trade agreement and the entrance. Mr. Herring stated that the entrance would be coming in front of his house and he objected to that. Mr. Rinehart moved action be deferred until a trade of property would realize a safe en- try for the Woodmen of the World and until the entrance could be approved by the Virginia Department of Highways and Transportation. Mrs. Craddock seconded the motion, which carried by a vote of 6-0. Mr. Tinsley did not vote. Charles Blue, Jr., final plat - Route 20 North Mrs. Scala explained that this is a request for a 5-acre parcel and 25' access easement off Route 20 North. She stated that the staff recommends (and there is a note on the plat stating such) that no further subdivision can take place without Planning Commission approval. She stated that the staff recommends approval. Mr. Rinehart asked how many dwellings were on the tract of land, and Mr. Blue told him that there are four. Mr. Rinehart moved approval of the final plat; Mr. Barksdale seconded the motion, which carried unanimously. Village Green Office Building addition site plan - East side of Ednam Drive Mrs. Scala stated that the staff recommends approval, since there is to be no additional parking required (since there will be no additional employees). Mr. Barksdale moved approval; the motion was seconded by Mr. Gloeckner. It carried unanimously. Westfield Office/Retail Complex Site Plan: Mrs. Scala stated that the staff recommends approval subject to the following conditions: 1. Eliminate 2 parking spaces adjacent to the Berkeley Subdivision; 2. Plant a double row of hemlocks adjacent Berkeley Subdivision; 3. Extend these hemlocks around the corner of the parking lot toward Commonwealth Drive a distance of two parking spaces, thereby eliminating one of the green ash trees shown on the landscape plan; 4. Approval is subject to resolving the dispute about the joint driveway with the Virginia Association of Counties; 5. Move the drainage easement 10' from the Building "B" in accordance with the site plan or- dinance. Mrs. Scala further stated that the first floor of space will be for retail use, and the second floor will be used for office space. Mr. Rinehart questioned the location of the existing drainage easement. Mr. Morris Foster explained its location and stated that an easement was not necessary. Mr. Rinehart also asked if two parking spaces could be relocated from the adjacent Vad house in order to provide better screening. 1- Mrs. Craddock recommended that since more parking than required is provided, then two spaces could b:e done away with. Mr. Foster stated that he felt this could be worked out with Commission recommendations. Mr. George Long of the Virginia Association of Counties which is located adjacent to the south spoke to problems of adjoining easements and architectural facades. Mr. Foster stated that he felt the problems with Mr. Long could be resolved. Mr. Rinehart suggested that the easement could be moved. Mrs. Graves suggested that there be no parking on Commonwealth Drive. ing. Mr. Bull, an adjacent property owner, questioned the removal of parking spaces and screen - Mr. Mennivich of the Berkeley Association, spoke to parking on Commonwealth Drive and screening along the entire north property line. Mr. Barksdale moved approval subject to the conditions that Mrs. Scala had read. Mr. Gloeckner seconded the motion, which carried unanimously. Buck Hill Estates Preliminary Plat Mrs. Scala stated that the staff recommended approval; conditional to a larger setback than 30 feet. Mrs. Craddock asked about the water in the area. Mr. Carr suggested and asked if 100' setbacks were feasible. Mr. Snow said that some lots were conducive to 100' setback and some were not. Mr. Rinehart recommended approval with additional setbacks where possible. Mr. Gloeckner seconded the motion, which carried unanimously. Inland Service Company addition site plan - North Side Route 250 West Mrs. Scala gave the staff comments, noting that this is an addition to the Rothwell Dis- tributing Company for additional warehouse space and parking space indoors at night to ward off vandalism. Mrs. Scala read a letter from Mrs. Martla Selden, expressing thanks to Inland Service Company for its design consideration and ccnstruction of its previous addition, and for its landspacing efforts. The letter requested the Planning Commission to carefully consi- der the site plan due to the fact that Route 250 West is being considered as a scenic highway; it was also written on behalf of neighbors in the area. Mrs. Scala stated that there has been a last minute concern as to whether there is really a 30' right-of-way under this proposed addition. She stated that the staff is in receipt of two conflicting plats, and asked that action be deferred until further investigation could solve the problem of the right-of-way. Mr. Tinsley moved deferral until the investigation could take place. Mr. Gloeckner seconded the motion, which carried unanimously. Hessian Hills Section 7 final plat - extension of Old Forge Road (6 lots) zoned R-1. Average lots size 1.24 acres. Minimum lot size of 1.08 acres. Mrs. Scala stated that this is served by county water, and stated that the Board of Super- visors has directed the Planning Commission not to act on this plat until an adequate bond is secured or until the road is built to state standards. Mrs. Scala stated that the owner has been working on getting this road into the state system. Mr. Scaler, owner of lots 8 and 9 at Sturbridge Road stated that the Virginia Department of Highways and Transportation requires the cul-de-sac if the road is to be taken into the system. He said that he and his neighbors support the cul-de-sac. Mr. Carr stated that he saw no purpose in not agreeing to this. Mr. Gloeckner asked if there were any reason that the cul-de-sac could not be done away with all together, and make this a continuous street and let the cul-de-sac be at the end of Cannon Place. Mr. Scaler explained the reasons that this would not be possible, though it had been part of the investigation. Mr. Rinehart recommended approval of the permanent cul-de-sac and moved that the right -of way be vacated and the property be distr7buted to the adjacent property owners. Mr. Gloeckner seconded the motion, which carried unanimously. W. A. Lynch preliminary plat - west side of Route 743. Two 4-acre lots Mrs. Scala stated that the staff recommends approval of the plat. Mr. Carr stated that he felt this was a reasonable division of this land and that the hardship is that an easement would be more reasonable than the restricted road. a Mr. Rinehart said that this was proper because it is/larger tract in keeping with the land around the reservoir. However, he felt a note should be on the plat stating that no further subdivision, without approval of the Planning Commission, should take place along the right-of-way. He further noted that a grading permit should be obtained if necessary. At this point Mr. Rinehart moved for approval. The motion, seconded by Mr. Gloeckner, carrie a vote of 6-1, with Mrs. Craddock voting against the motion. Tanglewood final plat - located south side of Route 676. Three 2-acre lots Mr. Gloeckner disqualified himself from the discussion and the vote by leaving the room. Mrs. Scala gave the staff comments and stated that the staff recommends that lots 2 and 3 have shared entrances on the state road rather than Tanglewood Drive, that Health Department approval be secured, and that the Virginia Department of Highways and Transportation ap- proval be secured. Mrs. Scala also noted that there is a VEPCO right-of-way that cannot be built upon, although in some cases property owners are permitted to put their septic system on the VEPCO right-of-way. Mr. Larry Mealms, a property owner directly across the street, spoke in opposition to the proposal because of the runoff into the Mechum River. He also noted that there are large lots in the area, and that the Master Plan calls for 5-acre lots in this area. Ms. Gaby Hall, one of the owners of the property, stated there were springs on the pro- perty, and that the staff recommendations concerning entrances were not acceptable. Mr. Tull stated the springs were not located on the property she bought. He questioned the boundaries along Tanglewood Drive. Mr. Lewis stated that he hoped that larger lots only be permitted. Ms. Hall rebutted Mr. Lewis' comments. Dr. Brent Harrison questioned access to Tanglewood Drive. Mrs. Craddock stated that she wished to see this land in larger acreage because of the topography and water. Mr. Tinsley agreed with Mrs. Craddock. Mr. Barksdale acknowledged that he felt also that water and topography were problems. Mr. Rinehart moved for deferral until the site could be viewed by members of the Commis- sion. Mrs. Craddock seconded the motion, which carried unanimously. Mr. Carr requested that a perc test be made by the Health Department. Lockridge final plat - located east side of Route 743. Ten lots with average size of 3.27 acres Mrs. Scala stated that the preliminary for this subdivision had been approved in June. She said that the Board of Supervisors had approved the restricted road in June, too. A grading permit for the road has been secured, under the emergency soil erosion ordinance. Ap- proval should be subject to the same conditions as that of the preliminary plat: 1. Lots 9 and 10 must be combined, or the entire plat brought back to the Commission if desired after it has been reworked; 2. All building and septic systems must be setback at least 200' from the reservoir (water's edge) except lot 9, in which case the setback shall be 150'. A note to this effect must be put on the plat; 3. No further subdivision will take place on the restricted road without Planning Commission approval. Mrs. Craddock recommended that the setback from the reservoir be 200'. Mr. Gerke stated that he has no problem with this except on lots 9 and 10. Mr. Carr agreed with Mrs. Craddock on the setback. Mr. Rinehart drated that he could accept lots 1-9, but not lot 10. Mr. Barksdale moved approval subject to the conditions listed above. Mr. Gloeckner seconded the motion, which carried unanimously. Wayside Heights final plat - located west side of Route 691. Twenty-four lots zoned R-1, average size of 0.425 acres Mrs. Scala stated that the preliminary for this was approved in 1959. Under the exist- ing subdivision ordinance lots must be 40,000 sq. ft. with a central well approval. Lots not built on presently should be combined. Mrs. Scala stated that Virginia Department of Highways and Transportation indicate they will take over Old Beagle Gap road. Mr. Herb Pickford gave background information on the subdivision plat. He stated that this plat was deferred and is not under new subdivision regulations. Mr. Snow,engineer for Mr. Young, stated that the 50' right-of-way could be adhered to. Mr. Barksdale recommended deferral in order that it can be reviewed under pertinent or- dinances. Mr. Gloeckner seconded the motion, which carried unanimously. Claude Bailey, Jr. Site Plan - two new rental units located on east side of Route 824 Mrs. Scala gave the staff comments, noting that the staff recommends approval, subject to Health Department approval. Mr. Barksdale moved for approval subject to this condition. Mr. Gloeckner seconded the motion, which carried by a vote of 6-0; Mrs. Craddock did not vote. 011ie Fitzgerald, Jr., final plat - located west side of Route 660. Five 2-acre lots Mrs. Scala gave the staff report. Mr. Morris Foster stated that a 50' setback is shown from the right-of-way line. He stated that the remaining property in the back is conducive to only two building lots. It was the general consensus of the Commission that the 30' pipestem to the 10.73 acre residue may not be sufficient for further subdivision, and recommended retaining a 50' strip. Mr. Gloeckner moved approval of the plat as submitted. Mr. Barksdale seconded the motion, which carried unanimously. Panorama Charlottesville Site Development Plan - located north side of Route 631, Rio Road Mrs. Scala reminded the Planning Commission of the different reasons for deferral of thi! plan, the latest being the moratorium. Mrs. Scala stated that eash Commission member had a folder on correspondence relating to this project. She stated that there was a let- ter from Hittman and Associates, the consultants on this case, who formulated some cri- teria that the Commission had requested. She stated that she had a letter from George Wil- liams, of the Rivanna Water and Sewer Authority, stating that the procedures for controlling storm water runoff were acceptable as an interim proposal, pending the completion of the Betz study, which would develop more definite criteria. She reminded the Commission that the Board of Supervisors has enacted an emergency soil erosion ordinance. Mrs. Scala stated that the staff has recommended to the applicant that he investigate the problem of the twenty- five % slopes - the Board has denied any building on slopes of twenty-five % or more - since part of his site is affected by this. Mrs. Scala suggested to the Commission that they might address the situation of whether the Board's emergency ordinance is sufficient criteria, or whether the Planning Commission wishes to supplement this ordinance. Mrs. Scala read a letter from Mr.and Mrs. Bowers, adjoining property owners, stating op- position to this site plan, as well as site plans for other high density development of R-2 zoning that would affect the reservoir. Mrs. Scala stated that the seven items that the Planning Commission has asked the appli- cant to address at the last meeting has been answered, and that if the Planning Commission wanted a report on these, the applicant was ready to address these points. Mr. Barksdale asked if these items were covered in the emergency ordinance. Mrs. Scala said no, not specifically, but Hittman and Associates had suggested measures which they felt were adequate to protect the reservoir until the Betz study is completed. Mrs. Graves stated that she wished to see a copy of the new ordinance. Mr. Gloeckner suggested that the plan be approved subject to the emergency ordinance. Mr. Payne told the Commission that the emergency ordinance is in effect for sixty (60) days, and this will come to public hearings before the Board of Supervisors in October. He stated that it seemed to be the intent of the Board to enact this as an ordinance. Mr. Carr suggested to Mrs. Scala that she read the ordinance, since there was only one copy at the meeting. Mrs. Scala told the Commission that it has been available to the public. Mr. Gloeckner voiced the opinion that since the Board of Supervisors has spent a great deal of time in formulating the ordinance, the Planning Commission should abide by the pro- visions set forthin it. Mr. Gloeckner also stated that he felt the emergency ordinance should be made a condition of the site plan. Mrs. Graves suggested that some of the advisory conditions of the emergency ordinance could be made mandatory for this site plan. Mr. Tucker at this time read the emergency ordinance relating guidelines for development in the watershed area. Mr. Carr noted that the emergency ordinance does not speak to the sewage problem. At this time the Commission addressed on an individual basis each condition recommended by the staff. the Mrs. Scala stated that approval of this site plan would be/first step in approval of the townhouse development. Mrs. Scala read the conditions that would be applied if approval is granted: 1. Approval of site plan does not guarantee the availablity of sewer; 2. The privacy fence requirement (Section H.(2) of Townhouse Ordinance) was waived due to the type of dwelling proposed; 3. A sidewalk from this development out to the state road (Route 631) shall be constructed at the time the front property is developed; 4. The Commission determined that the 34' public access easement with minimum 24' width of travelway shall be used for interior streets, as prescribed in the Townhouse Ordinance; 5. A barrier shall be provided to prevent the use of the steep slopes adjacent the reser- voir by inhabitants or other visitors to the site. Plans for such barrier shall be sub- mitted to the Planning staff for approval; 6. Final subdivision approval shall be obtained, including the following items: a. Final landscape plans b. Engineering final approval of water, sewer, storm drainage and road design c. Virginia Department of Highways and Transportation approval of entrance and access road d. Grading permit issued in accordance with the Albemarle County Soil Erosion and Sedi- mentation Control Ordinance e. Approval of Homeowners' documents by the County Attorney. Homeowners' documents should include, but not be limited to, provision for the maintenance costs of roads, common open space, and monitoring of the runoff f. Sidewalks design proposal to be submitted for approval (minimal impervious cover) g. Street lighting design submitted for approval 7. Developer will make provision to pay for the monitoring as outlined in a report by Ritt- man and Associates entitled "Proposed Water Quality Criteria and Sampling Schedule for Stormwater Runoff from the Panorama Townhouse Development." 8. Developer will also make provision to pay for any additional monitoring required by the Board of Supervisors following the Betz study. Mr. Rinehart moved approval of the site development plan for Panorama Charlottesville pursuant to the Albemarle County Townhouse Ordinance with the above conditions. Mr. Gloeckner seconded the motion. Mrs. Craddock made the following statement: "Since I am opposed to the entire concept of a development of this magnitude, adjacent to the reservoir, I will not support this motion, and will therefore vote NO." The motion carried by a vote of 5-2 with Mrs. Craddock and Mrs. Graves voting against the motion. Since there was no further business, the meeting adjourned at 11:45 p.m. VA IN FA FIF,11"'Vii •- Sal September 23, 1975 The Albemarle County Planning Commission held a meeting on Tuesday, September 23, 1975, 7:30 p.m., Board Room, County Office Building, Charlottesville, Virginia. Those members present were Mr. David Carr, Chairman; Mr. Clifton McClure, Vice -Chairman; Mr. Peter Easter; Mr. Kurt Gloeckner; Mr. Roy Barksdale; Mrs. Joan Graves; Mrs. Ellen Crad- dock; and Mr. Lloyd Wood, ex-Officio. Absent were Mr. Wilbur Tinsley and Mr. Jack Rinehart. Mr. Carr established that a quorum was present and called the meeting to order. SP-514. Woodmen of the World Mr. Tucker stated that this request has been deferred in order that the staff and the Virginia Department of Highways could view the site and determine the best en- trance for the Woodmen to use. Mr. Tucker stated that there are two alternatives: 1) off Route 708 - which has poor sight visibility AND 2) on south edge of Mr. Lamb's property - where the sight visibility will be improved by trimming the trees. It is the second alter- native that the staff and the Virginia Department of Highways felt was the better. Mr. Tucker stated that the staff and the committee recommended approval subject to the following conditions: 1. Site Plan approval; 2. Entrance to be located at south edge of Lamb's property and applicant should consult Highway Department for exact location before construction of entrance; 3. Right-of-way to be used by Woodmen of the World to be located on the west side of the existing tree line along the fence to serve as buffer between the church and the Wood- men of the World right-of-way; 4. Entrance on Route 817 be limited to maintenance and service entrance only with a chain and lock on the entrance. Mr. Barksdale asked if Mr. Lamb and the Woodmen are both agreeable to this and Mr. Tucker told him that they were, since it is the only way Mr. Lamb can sell the property. Mrs. Craddock noted that the entrance is still dangerous and requested that the Virgi- nia Department erect a sign noting "turning vehicles." Mr. Herron stated that the suggestions of the staff and committee were the best solution from this viewpoint, as long as the church is not involved at all. Mrs. Graves asked if the time limit could be placed on the special use permit, in order that if the entrance proved unsatisfactory for the residents of the area, the church, and the applicant, changes could be made. Mr. Carr pointed out that from all the information that had been submitted, this seemed to be a permanent investment for the applicant. He said that the way to address the problem is to decide if the permit should be issued in the first place, though he said that he was not suggesting that it be denied, but all considerations regarding the entrance should be taken care of at this time. Mrs. Craddock stated that the neighbors could later ask to have the special permit re- �rrr' viewed. Mr. McClure said that if the applicant is abiding by all conditions set forth at this time, there would be no reason for review later. Mr. Gloeckner asked if the site is suitable. Mrs. Craddock said that it is, except for the entrance. Mr. Tucker stated that from the staff's viewpoint, the site is suitable. Mr. Roche said that Samuel Shifflett's house is on the property adjacent to the property of the Woodmen, and he did not think that this property has been viewed by the staff or the Commission. Mr. Tucker pointed out that Mr. Shifflett was notified of the application, because he was an adjacent property owner. Mr. Barksdale moved approval subject to the conditions recommended by the staff and the committee. This motion, seconded by Mrs. Craddock, carried by a vote of 4-1, Mrs. Graves voting against the motion. Messrs. Easter and McClure did not participate in the vote. Mrs. Craddock noted that Mr. Shifflett's house should be sure to be considered at site plan stage. Inland Service Company addition site plan - North side Route 250 West Mr. Humphrey stated that the applicant has requested that he be permitted to with-: draw the application without prejudice. Mr. Easter put the request into the form of a motion, seconded by Mr. Barksdale. The motion carried unanimously. Mr. Humphrey passed out to the members of the Commission a copy of "Rules and Regula- tions, Regulating, Limiting and Restricting the Discharge of Water into the Sanitary Sewer System of the Rivanna Water and Sewer Authority." He pointed out that the Rivanna Water and Sewer Authority has asked the Albemarle County Service Authority to adopt these rules, as well as ordinances enabling the Authority to enforce them. Mr. Carr asked if these rules related to the emergency Soil Erosion Ordinance adopted by the Board of Supervisors regarding the watershed area. Mr. Humphrey said that this has to do with sanitary waste disposal only. Staff Presentation: Charlottesville -Albemarle Urban Area Transportation Study Mr. Humphrey told the Planning Commission that this is a ten year review of the trans- portation study. He pointed out that the basic area has been enlarged (he pointed to a map of the area that would be considered). The Virginia Department of Highways and Transportatic has done the basic work, and it is the desire to update all projects from the 1968 study and make any additions to it that are necessary. Two committees: a technical committee and a policy committee -• will make this study. He stated that the basic area for the ori- ginal study was the old Charlottesville Magisterial District. He noted that this area has been extended considerably (he illustrated on the map). Mr. Humphrey suggested that this study will give ideas on the widening of roads and will �r+help in determining if a bus transit system needs to be employed. He said that the study will take them from 12-18 months, will then be passed to the Planning Commission for review, and will be acted on by the Board of Supervisors. The same chain of review and approval will be used by the City of Charlottesville. He said that this study would be the basis for state and federal aid for such things as mass transit, and that other valuable items besides traffic will be obtained from the study. The area of study was arrived at from staff input - county and city, traffic surveys, the master plan, etc. Mrs. Craddock asked if the Planning Commission will have the ability to use the findings of the study in review of site plans, subdivisions, zoning cases, etc. Mr. Humphrey told her probably not wihtout more direction from the General Assembly. He said that the study will determine the immediate and future needs of transportation and will assist in capital outlay determinations. Mrs. Craddock said that basically a problem with roads and transportation is not attach- ed until a road is so conjested one cannot travel it safely. is Mr. Humphrey said that this/about the way the Virginia Department of Highways and Trans- portation attackes a highway problem. Mrs. Craddock said that in the western part of the country, traffic is cut at a certain time and then mass transit takes over. Mr. Gloeckner suggested that in determining the area of study, it seemed as though the cluster areas had been ignored and the urban sprawl had been concentrated upon. Mr. Humphrey said that the cluster areas have not been ignored, they just have not been considered. Mr. Easter expressed the desire that due to cost, time involved, etc., that the cluster concept would be considered in the study. Approval of Minutes This item was deferred until the end of the meeting. Discussion of the proposed zoning ordinance Mr. Carr opened the discussion by stating that the fifth item on the agenda encompasses two items: 1. The Board of Supervisors asked the staff and the Commission to review with them on Octo- ber 1, 1975, the subject of how much the Commission has strayed from the master plan in the recommendation of the ordinance; 2. The staff felt that some essential things had been deferred that should be included as amendments to the existing ordinance if the Board defers adoption of the proposed ordinance. Perhaps some items should be addressed by the Board of Supervisors now, some things that are needed now. C',,,\ Mr. Humphrey made the following statements: "The staff has prepared a list of elements of the proposed zoning ordinance which we feel are important enough to consider as amendments to the existing zoning ordinance. We are of the opinion that they are of high priority, all eleven items, but have prioritized each as to its importance. Not to say that the whole damn written text shouldn't be adopted. If the Commission has other items they wish to consider, pending the tabling of the entire ordinance, feel free to so state. That's one thing - now, the other thing that I would like to say to the Commission is that last week myself and four members of the staff who have been working very closely with this zoning ordinance sat down and we went over the Comprehensive Plan in detail and related that to the zoning map and the ordinance itself, and dammit, you all have gone beyond, in our opinion, what those objectives were. You have either equaled and gone beyond, what those objectives were as called for in the Master Plan. You have to keep in mind that the Master Plan called for a two -acre agricultural zone, which would delineate the clusters. Well, we essentially had the clusters - they are still there - I won't get into that, not at this time but the consultant had the two acre zone buffering the clusters, with the bulk of the county being in the two -acre zoning. The Commission has developed a ten acre zone on the books for those who wanted it. You have developed a five acre zone which I think is 30% or more greater than that anticipated by the Plan. We have these figures. We didn't bring them over tonight, but I am going to present them October 1. We cut back on the two acre zoning. As far as meeting the objectives of the agricultural and conservation amenities and natural resources, I think we have gone overbroad. We have gone much further than the Comprehensive Plan ever envisioned. When you get down to what the Comprehensive Plan said about too much commercial zoning, indicating that some areas are too high in density, in the urban area basically, the Commission tested that and tried to bring that in compliance with the Master Plan. We went to the public hearings, we got feedback from the public. I think 2000 people at least were at our public hearings an there may have been 40 or 50 some that spoke before the Board of Supervisors. Anyhow, the Commission with public input did what they felt was proper based upon public input at these hearings. We cut back and put back many of the ones in the strip zoning which you felt was necessary by virtue of the public hearings. O.K., fine. You made the attempt and it didn't wash in public. But you did cut back also on some of the intensive areas; you don't have as much of the B-1 as you did before so that the most critical part of it would be in the urban area. While the consultant indicated on the Comprehensive Plan that there should be some down -zoning, it was Mr. Payne's intent to point out errors that were under the original zoning map, and if possible, to downzone. So you've gone through that, and found it impossi- ble to do at this point. Whether you could ever reach these objectives, I don't know, or whether the Board could. If you go through all the written comments and objections received from the public, you will find they have all been considered. Now, of course, a few can "knit -pick"; out of fifty things you may take one. Now this is not right. You've got country stores; we had a conservation zone and did have country stores in it with a special permit. Some didn't like that. You combined the conservation and the agricultural 5. That was done for a purpose and it was valid at that time. I don't feel the conservation mea- sures have been left out - it is there, the intent is there. However, there is difference of opinion; people feel that it should be separated, specifically. I don't feel that has been lost by what the Commission has done. If you want a true conservation zone, let's just say conservation with nothing permitted but birds, squirrels, and thats it, not even houses, it is my belief that you cannot do that. You have got to permit some type of development in that zone, be it 10 acres, 5 acres, or 25 acres. But you take that book (The Comprehen- sive Plan) and you read through there, and see how close you are, and how far you've gone be- yond; the only thing we've yet to do is elaborate more on the open space program and parks program which is self evident. We have provided for clustering and other types of development - we provide open space. But detail parks and open space, planned and pro- 2 grammed, capital improvements program is what I'm talking about - has not been done and there is good reason for that - we have been involved in other things - the zoning ordinance per se, up to this point - and detailing parks and open space takes a refined study before you can determine which way you want to go. But providing for open space and parks is built into the proposed ordinance. That was my feeling; I am finished. Bob, do you have anything you would like to add." Mr. Tucker: "No, that covers it; I think when you can see the table - we didn't bring it over - you'll see how much further that the Commission has exceeded the objectives of the Comprehensive Plan. I think it's just sad that something we went over and over and over, that it couldn't be implemented." Mr. Carr said that at the public hearing held by the Board of Supervisors many of those who spoke were critical of this plan (he said that he was not talking about the knit -pickers) because it did not carry out the objectives of the Comprehensive Plan. He said that's what raised his eyebrows some, John's some too, and so the staff went back to look at that. The strip zoning problem on Route 29 North was not solved. At this time Mr. Carr asked Mr. Hum- phrey to expound on the cluster concept. Mr. Humphrey: "That is hard to expound on, because they haven't been neglected. I mean, they are still there." Mr. Gloeckner: "We didn't touch those at all." Mr. McClure: "Anyone who knows anything at all knows that the key to the clusters is the utilities. When we say that you have to have an acre and a half before you can put a well and septic tank in, then you can't have smaller lots than an acre and a half, 'til you get out there and put in some ublities." Mr. Humphrey: "Let me say one other thing: The Master Plan calls for agricultural and conservation zones to help delineate the clusters." Mr. McClure: "And that's with 40,000 sq. ft. for well and septic tank." Mr. Humphrey: "There's no way, and I don't think the Board, or the Planning Commission or members of the public want the clusters implemented immediately with RT zoning, with R-3 zoning, without the utilities." Mr. Gloeckner: "You can't do it." Mr. Humphrey: "The community clusters are still there, they're a concept and they materialize over a period of time. They may begin as they have in many cases with one acre lots. Or with acre and a half lots. But over the long haul, ultimately this type of density will get there. You go back to the chicken and the egg type of thing. All it takes is one large land developer to come in and initiate one of these clusters in its entirety with public utilities. It's not far-fetched to think someone couldn't do that. Maybe not in the next several years, the way things are, but, it can be done. So I'm saying that the cluster concept has not been removed from the plan. It has been enhanced." Mr. Barksdale: "I agree with John. I don't think we have done away with the cluster at all, but from the taxpayers that I have talked to in the past three or four months, none of them are willing to spend their dollars putting water and sewer out to these outlying areas, with no possibility of development at all at the present. A need had got to be there first. The demand has got to be there. The main objection that I heard was to the dropping the conservation zone. And I don't think anyone on this Commission would object to taking all the mountaintops and all the land under water, and putting it in CVN zone. That will take 30% of the County, won't it?" Mr. McClure: "The funny thing about it is that one of the main comments we heard at our public hearing was that people were mad about their agricultural land being put in conservation." Mr. Gloeckner: "I don't think it was the same people, though." (Several members of the Commission agreed with him). Mr. McClure: "When you put it in five acres, aren't you preserving it?" Mr. Carr: "Thats what we thought we were doing." Mr. McClure: "If it's five acres, whether it's agricultural or conservation, you are preserving it." Mr. Humphrey: "The only way you can preserve it is to permit nothing, and you can't do that." Messrs. Barksdale and Carr agreed with Mr. Humphrey. Mrs. Craddock said that it depends on the land. Mr. Barksdale: "That is confiscation, and you can't do that. ...If you don't allow me anything, you have got to buy my land." Mrs. Craddock Mr. Gloeckner before." Mrs. Craddock conservation." "I still don't think that five acres is enough." "We've gone from two to five, and have been though all of this "I know that we have been through all this before, but it is still not Mr. Barksdale: "It's just in a name." Mrs. Craddock: "It's not really conservation, we're fooling ourselves by calling it that. The only thing that is sacrosanct is our floodplain. And people are scared to put a house in the floodplain, because it might be washed away. But they aren't scared to try to put a house on every five acres of land on Fox's Mountain, if they can get a road up there. That is not preserving Fox's Mountain. But five acres is better than two acres." the A brief discussion followed as to the present intent of the Board regarding/proposed ordinance. Mr. Easter said that he felt that it was the special interest groups that killed the ordinance. "I think that they were the ones in here always after us to do more and I resent this. They killed it in one meeting." Mr. McClure agreed with Mr. Easter. Mrs. Craddock stated that it was her understanding that two things would make the ordi- nance fall into place, from the Board's viewpoint: 1) village clusters and 2) re -in- stating the CVN zone. rt Mr. Wood, ex-Officio, said that the Board seemed to feel either the ordinance needed a good re -working or else it would be shelved until the Comprehensive Plan is re -worked. He stated that this was his idea as a Board member. Mr. Carr said that the first thing the Planning Commission needs to help the Board with is the idea that the ordinance does not conform to the master plan. He suggested that per- haps it was their constituents who had convinced the Board that it did not comply with the Master Plan. At this point he urged the Planning Commission to attend the joint meeting with the Board the following week. Mr. Wood said that the Board is looking for individual input and for the actual intent of the Planning Commission. He said that if the ordinance is not acceptable to the general public, it won't work. Mr. McClure said that the importance is in the text. Mrs. Craddock pointed out that it is the Board and not the public who will pass the ordinance, and thus it is the Board that needs to be convinced. Mrs. Graves asked if on the list of priorities could be included the RT zoning around the reservoir. Mr. Carr said that until the Betz study is completed, the Board has addressed this pro- blem with the emergency ordinance. Mr. Easter stated that it was his understanding that the Board was not requesting minor adjustments, rather a complete re -working. Mr. Gloeckner stated that the proposed ordinance has been a compromise, and Mr. Easter agreed with him. Mr. McClure pointed out that it is the owner of small acreage who wishes to preserve the agricultural land, and not the owner of the agricultural land. Mr. Carr atihis point asked that the Director of Planning put his remarks into skeleton form and mail them to the Planning Commission members. (These would be the re- marks that the staff would present at the joint meeting of the Board and Planning Commission Mr. Gloeckner suggested that the Planning Commission as a body support Mr. Humphrey's thoughts, defend what the Planning Commission has submitted, and let it ride on its own merit, not ask for any more or any less; "We have gone as far as we can with it, and if we ask for anymore, the Board is not going to go for it. If we start revising the map, that means hearing all these people again, because we're proposing different zones for their property. So I think we ought to stand behind it firmly - that this is our compro- mise, this is as close as we can get, and that it does meet the Comprehensive Plan as close as we can get it at this date as a realistic plan. And just stand behind it firmly, not be ordered to re -do, and re -do, as we have been doing in the past. Let's just stand behind this - I don't think that there is anything wrong with it, some semantics, there's some philosophy, and we have been all through these arguments before. But if you ask us to re- vise certain sections, we will do it." Mr. McClure made the motion that the Director of Planning speak on behalf of the Planning Commission to the Board that the Planning Commission feels that this ordinance and map complies with the Master Plan as far as the Planning Commission was able to agree. If the Board feels that there are areas where it does not comply with the Master Plan, then the Planning Commission asked that the Board gives the directive to change it. Mr.Gloeckner seconded the motion. It carried unanimously. The Commission decided to handle one matter at a time, and after a decision was — made by the Board, then the Commission will handle items that might need to be included as amendments in the existing ordinance. The Planning Commission spent some time assisting Mrs. Selden in her approach to scenic designation. They advised her to request a resolution from the Board stating a policy toward scenic highways. Approval of Minutes: It was decided by the Commission that the staff should review with letters from property owners, the tax map and parcel notations in the minutes of the work sessions to ascertain that they were correct. Action on the seventeen sets of minutes was deferred until this could be done. Mr. Carr told the Commission that Mr. Payne has requested that the Planning Commissia hold an executive session in order that the Planning Commission could be brought up to date on a matter of litigation. Mr. McClure moved that the Planning Commission adjourn to executive session. Mr. Barksdale seconded the motion, which carried unanimously. r Wx R i HXyumphrey,(Xecreta 19