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HomeMy WebLinkAboutJanuary 19741163 January 7, 1974 gThis was a regular meeting of the Albemarle County Planning Commission held on January 7, 1974 at 7:30 p.m. at Piedmont Virginia Community College, Charlottesville, Virginia. Those members present were Dr. Avery Catlin, Chairman Mr. David Carr, Mr. Peter Easter, Mr. Jack Rinehart, Mr. Wilbur Tinsley, Mrs. Ellen Craddock, Dr. James Sams, Mr. Louis Staley, and Mr. Lloyd Wood, Supervisor.. Mr. McClure was absent. Dr. Catlin called the meeting to order and established that a quorum was present. Mr. Humphrey told the Commission that Mr. Frank F. Smith had requested that SP-253 (Peacock Hill- water and sewer) special permit be deferred until the 3rd meeting in January. Mr. Humphrey told the Commission that the staff had already taken SP-316 off the agenda for lack of sufficient information and had re -scheduled it for February 18th. a) ZMP-290 North Corporation has petitioned the Albemarle County Board of Supervisors to rezone .549 acres (23,928) square feet) from A-1 Agricultural to B-1 Business. Property is situated on the south side of Route 649, near its intersection with Route 29 North. Property is further described as County Tax Map 32, Parcel 36. (part thereof). Charlottesville Magisterial District. b) ZMP-285 Southland Corporation has petitioned the Albemarle County Board of Supervisors to rezone .591 acre (25,746 square feet) from A-1 Agricultural to B-1 Business. Property is situated on the south side of Route 649, near its intersection with Route 29 North. Property is further described as County Tax Map 32, Parcel 36, (part thereof). Charlottesville Magisterial District. Mr. Humphrey presented the staff report to the Commission commenting that the four quadrants of the intersection of Route 649 with Rt. 29 were zoned B-1 Commercial. He told the Commission that there is a large tract of land comprising 13.75 acres zoned B-1 directly 1164 across from this site which is vacant and that there is a total of 103.5976 acres of B-1 zoned..land, all within 800 feet of this property. Only 4.87 acres of this land is being utilized. He said that the staff suggeststhat there is abundant vacant B-1 zoning in the area without additional zoning of B-1. Further, the granting of this segment will establish an area which will ccuntinue the antiquated approval of commercial development. (strip zoning). Mr. James Hill, a representative of Virginia Land Company, told the Commission that there was not any vacant B-1 zoning in such a small acreage available for sale. Mr. Carr wanted to know about the r-o-w running between the two properties . It was ascertained that it would connect to an auxilary road coming from Hollymead. Mr. Humphrey noted that these roads had not yet been approved. Dr. Charles Hurt told the Commission that Mr. Mercer (carpet business) had wanted to extend his boundary and also that a 7-11 convenience store wanted to locate there. He said it was his opinion that this was the most logical place for the commercial area of Hollymead. Upon questioning of Mrs. Craddock, it was ascertained that "Maupin's Store" was the nearest convenience store in the area. Mr. Carr stated that he did not really object to the rezoning of this particular piece of property, however, he thought they should look at a larger piece of commercial area - instead of a piece -meal situation. Dr. Catlin said they needed to set some policy on how this intersection needed to be developed and whether the other 103 acres was going to be developed as commercial land. Mr. Humphrey noted that the Comprehensive Plan called for the elimination of strip commercial zoning and the need for compact commercial centers not piece -meal type commercial. 1165 Mr. Carr wanted to know if the applicant owned parcel 36 and 37? It was ascertained that he did. Mr. Easter stated that they did not know how the 2nd parcel was to be used -Mr. Tinsley wanted to know if there would be sufficient parking. It was ascertained that these two items would be covered under the site plan review. Mr. Carr motioned that the two petitions be deferred until the 1st regular meeting in March if legallypossible.Mr. Humphrey stated that it could be deferred for up to 60 days. Dr. Sams wanted to know if this included a request to the planning staff on how the intersection should develop. Mr. Carr added that to his motion which read: "To defer action for 60 days on ZMP-285 and ZMP-290 and to request information be obtained by the staff on their opinion of how the intersection should be developed. Mr. Tinsley seconded the motion which carried unanimously. PUBLIC HEARINGS: a) ZMP-291. Ski Land of Charlottesville, Inc. has petitioned the Albemarle County Board of Supervisors to rezone 6.1 acres of land from R-3 Residential to A-1 Agricultural. Property is situated on the north side of Route 250 East, about one (1) mile east of Charlottesville. Property is further described as County Tax Map 78, Parcel 55A (part thereof). Mr. Humphrey presented the staff report to the Commission stating that the removal of R-3 zoning from the slopes of Southwest Mountains is in keeping with the objectives of the "Plan" and that the staff could not find fault with the removal of such density and therefore stated that the staff recommended approval. Mr. Vandell, applicant, told the Commission that the purpose of the request was to facilitate two additional ski slopes of greater complexity and that with the present ski slope, fears of artificial 1166 ski slopes had proven to be unrealistic, The hearing was then opened to the public at this time. Mr. Jack Lloyd, of Glenorchy subdivision, wanted to know if they were intending to build cabins in the area. He stated that erosion (mud) was coming from this area. Mr. Vandell stated that the entrance road had been built to approved standards and that drainage ditches had been( dug along the road. He stated that the drainage from the ski slope ran into the Rivanna and most of the water falling on the ski slope was absorbed.' Mr. Rinehart wanted to know if legally they could require a letter of intent making this a future conservation zone? Dr. Catlin and Mr. Humphrey were of the opinion that they could not. It was ascertained that this approval of the rezoning did not necessarily bind them to approving the special permit. Mrs. Craddock motioned approval of the request which was seconded by Mr. Rinehart and carried unanimously. b)ZMP-292 Ferrell Smith has petitioned the Albemarle County Board of Supervisors to rezone 5 acres from A-1 Agricultural to RS-1 Residential. Property is situated on the south side of Route 769, about 3/4 mile east of its intersection with Route 20 North. Property is further described as County Tax Map 62, Parcel 79. Rivanna Magisterial District. Mr. Humphrey read the staff report commenting that the Comprehensive Plan indicated that this parcel is in an area which is on the frinbe of the outlying area of the urban cluster and in which a conservation zone is suggested and therefore the staff was of the opinion that this request would not comply with the Comprehensive Plan. The public hearing was then opened. Mr. Smith stated that the purpose for this rezoning request was so that they could build one more house on the property and that the land would still be in a relative's name. 1167 Mr. R. G. Miller said that he had no objection to Mr. Smith building a house, but did not want him to have to take the rezoning route. Several other adjacent property owners spoke in opposition to the land being rezoned stating that they were concerned that it would set a precedent in the area. Upon questioning by Mr. Carr, it was ascertained that there were 3 houses occupied on the property and one that was in ill repair. Dr. Catlin said he was in favor of Mr. Smith being able to build a house on the land but was not in favor of a rezoning and wanted to know if Mr. Smith could go before the Board of Zoning Appeals for a variance or special exception. Mr. Humphrey stated that this could not be done. Mr. Tinsley made a motion to defer action on Mr. Smith's rezoning until the next meeting so that the staff could look into other means of accomodating the applicant rather than rezoning (such as non -conforming use, etc.). Mrs. Craddock seconded the motion which carried unanimously. Mr. Wood, Supervisor, suggested that they check the financial arrangements regarding the building of the house as this may affect their decision depending on what rules the lender had. c) ZMP-293. Richard Shank and Mike Evans have petitioned the Albemarle County Board of Supervisors to rezone 1.687 acres from R-2 Residential to B-1 Business. Property is situated on the south side of Rio Road and the east side of the Southern Railway at their intersection. Property is further described as County Tax Map 61, Parcel 153A. Rivanna Magisterial District. Mr. Humphrey read the staff report recommending that while recognizing the most desirable use to be a small office facility, the staff could not recommend B-1 zoning, but would recommend a future C-0 commercial zone. He stated that the staff noted that the shape, location, and topography of the parcel does not lend itself 1168 to residential or intensive commercial use. The hearing was then opened to the public. Mr. Mike Evans stated that he and Mr. Shank had purchased the property having in mind to develop townhouses on this property but changed their mind because the topography was not suited to this type of development. He said then they came up with an alternative use, that being an office building. Mrs. Margaret Clarke stated that she and her brother, Mr. Fowler, did not want to see any type of commercial development in this area and feared that it may turn into another Harris Street type development. She stated that there was 50 acres of commerical area across the bridge (Torrence Company). Mr. John Lowe, attorney, representing Mr. and Mrs. Clarke stated that if they rezone this to B-1, they would have no guarantee that the property would be used for an office complex, and that the church would probably sellif this was zoned B-1, creating the possibility of creating a larger piece of commercial land at a .later date. Mr. Roepke representing Northfields Community Organization, stated that they were also in opposition and that the traffic on Rio Road was already so very severe. He presented the Commission with a copy of their letter of opposition. Mr. T. D. Rivers speaking also for a Mr. Mawyer and a Mr. Wood stated that they were also opposed to this rezoning. Dr. Hurt stated that he had aninterest in the property across the road and thought that this would add more to the community than the development of duplexes. Mrs. Walter Fowler stated that she thought that this was spot zoning and would like to keep it a residential area.. 1169 The public hearing was then closed. Mr. Carr stated that he also thought that a office building would be better than ten dwellings jammed in that area. Dr. Sams said that he agreed with Mr. Carr and recommended approval of the request which was seconded by Mr. Carr and carried with Mr. Tinsley voting against the approval. d)SP- 309. Dr. Charles W. Hurt has petitioned the Albemarle County Board of Supervisors to locate a planned community on 200.84 acres zoned A-1 Agricultural. Property is situated on the west side of Route 20 South, and on the east side of Route 742, Avon St. Extended, about 1 mile south of Charlottesville. Property is further described as County Tax Map 91, Parcel 2. Scottsville Magisterial District. Mr. Humphrey read the staff report stating that the staff recommended denial for the following reasons: 1. No immediate or near future guaranties of public sewer. 2. Improper land use location and alleviation. 3. Density above that suggested in the adopted Comprehensive Plan. Dr. Catlin said that he was of the opinion that the petition should be withdrawn at this time and presented when more information was obtained. Mr. Humphrey stated that they needed some certificationof public water and sewer. The hearing was then opened to the public. Mr. Hill, speaking for the petition, stated that according to information obtained from the Rivanna Water and Sewer Authority that water would be available by 1974 and sewer would possibly be available by 1975 or 1976, and that financing would probably take 3 to 5 years; this being the reason for applying at this time. Dr. Hurt said that he had no idea of starting to build until sewer was available. He stated that he hoped by the time water was available that they would already have the roads in and trees planted so they would not be building in mud. He stated that Tandem School wanted to buy a part of the property and that they wanted to 1170 give them some idea of what the surrounding area would be like. He said that this was likely to be a 15 year project. Dr. McGee of Piedmont Va. Community College wanted to know the nature of the density adjacent to the College line? Mr. Morris Foster stated that there would be 6 units per acres up to 15 or so in the apartment area and that the lake would go to Mr. Shoffner's line. He stated that this was a very preliminary plan (road, density, etc.) Mrs. Fran Martin stated that she thought that this would be a mockery of good planning to approve something that was in this condition since it would be many years before it could be developed. A Mr. Hartman, Mr. Shoffner and several other citizens spoke to the petition stating that there was not sufficient enough water to build a lake there and that the condition of the roads was quite bad, etc. At this time, the hearing was closed to the public. Mr. Carr suggested that the applicant be asked towithdraw. Mr. Rinehart thought they would have to consider the question of density, and that he would hate to see Route 20 developed commercially. Mrs. Craddock stated that she would have to concur with Mr. Rinehart's and Mr. Carr's statements and that Route 20 was being considered as a scenic route and that it should be withdrawn and re -submitted. Mr. Carr said that he felt they would have to know the answer to the sewage problem and that he could not go along with building roads and planting trees until the final plans for development had been approved. Dr. Hurt stated that Tandem School wanted to buy 20 acres and that he had to give them an answer. Dr. Catlin stated that they were proposing 4.5 dwelling units per acre. He said the maximum number allowed was 2.5 dwelling units per acre. Mr. Humphrey said he thought the application should be withdrawn and started fresh. 1171 Mr. Wood, Supervisor, suggested that a committee of Planning Members and the Planning staff be formed to work with Dr. Hurt on this. Dr. Hurt wanted to know if he would have to stick with this density. He was told that he would. Mr. Tinsley motioned that the request be denied, which was seconded by Mrs. Craddock. Dr. Hurt stated that he would like to withdraw. Dr. Catlin replied that the motion on the floor would have to be voted on unless someone made a substitute motion. Mr. Carr commented that this had been one of the most unfortunate discussions since he had been on the Commission and that they had accomplished absolutely nothing, however, he said he would like to I�kw make a substitute motion to defer the plan for 60 days and that if at that time Dr. Hurt had presented to the Planning Dept. a plan of a more creative nature of what he wanted to accomplish at that time, taking into consideration comments made tonight by the Commission, that it could be brought back before the Commission for a decision. Mr. Easter seconded the motion. The motion carried with 5 votes in favor of the motion and 3 opposed. on 1172 g) SP-317. Carroll Fisher has petitioned the Albemarle County Board of Supervisors to locate a mobile home on 2.38 acres zoned A-1 Agricultural Property is situated on the west side of Route 689, about 2 miles north of Batesville. Property is further described as County Tax Map 71, Parcel 11, (part thereof). Samuel Miller Magisterial District. Mr. Humphrey read the staff report commenting that if the Planning Commission and Board of Supervisors approve this petition it should be conditioned upon adequate screening from Route 689 with evergreen trees; one -hundred (100) foot setback from access road; and health department approval. It was ascertained that Mr. Fisher was planning to build a permanent home at a later date. Mr. Dennis Loy wanted to know if it was going to be a temporary permit as there were already 6 mobile homes in the area. Mr. Mason Barnett said he did not object to the mobile home being located there but would like to see a time limit put on it. name. It was noted that the mobile home permit would be in Mr. Fisher's Mr. Rinehart motioned approval of the request for a period of three years, with an annual review each year after that for two years at which time proof of having started construction would have to be - presented. Mr. Rinehart then changed his motion to approval of the request for a period of 5 years, with health department approval 100' setback with removal of as little foliage as posjible and screening to comply with the planning dept. Mrs. Craddock seconded the motion which carried unanimously. ;) SP-&18 Robert A. Leiby, Jr. and Donald A. Nelson have peti- petitioned the Albemarle County Board of Supervisors to locate a craft and gift shop on about six acres zoned A-1 Agricultural Property is situated on the south side of Route 250 West, and the west side of Route 682, near Mechums River. Property is thereof) further described as County Tax Map 57, Parcel 81, Samuel Miller Magisterial District. 1173 Mr. Humphrey read the staff report commenting that if the Planning Commission and Board of Supervisors approve this petition, it should be conditioned upon the following: 1) Site plan approval 2) Only one four (4) square foot identification sign on the premises 3) No outside storage; and 4) The shop be used only as an outlet for artists work in weaving, pottery, woodwork, and related art crafts. The hearing was then opened to the public. An interested citizen commented that he did not believe there was any place on the property suitable for a septic system and that the drinking water was bad. In reply to this , Mr. Kinsey of Alcova Realty stated that the perc test had not been completed, however, thus far it did not indicate any problem concerning septic system. Mr. Rick Noble, of Ivy Citizens Association, was opposed to the request stating that it would be similar to strip zoning, etc. Mr. Bill Tompkins stated that he was opposed to the request as he was afraid that it would set a precedent for business in the area. Several other property owners spoke in opposition to the requestThere was also much concern from members of the public related to what effect this would have on the designation of Route 250 West as a scenic highway. The public hearing was then closed. Several Commission members expressed concern that this would be more of a commercial venture. In view of this, Dr. Sams motioned for denial of the request, which was seconded by Mr. Tinsley. 1174 Dr. Catlin stated that it was not a commercial development in his mind. Mr. Carr said that he was in agreement with Dr. Catlin and that an knowing the property so well he thought that it was/ideal stopping place on a scenic highway. Mrs. Selden said she thought it would set a precedent in the area. (this was after public hearing was closed). Mr. Rinehart made a substitute motion recommending approval with the following conditions: 1) Site plan approval by the Commission 2) Only one 4 square foot identification sign on the premises or a 20 sq. ft. sign on the building 3) no outside storage 4) the shop be used only as an outlet for artists work in weaving, pottery, woodwork, and related art crafts. 5) One year special permit to be renewed annually administratively if use continues to comply with the 4 previous conditions 5) health department approval. /substitute Mr. Carr seconded the motion which carried by a 5 to 3 vote. j) SP-319 William R. Wood has petitioned the Albemarle County Board of Supevisors to locate a stable on about 512 acres zoned R-1 Residential. Property is situated on the south end of Croydon Road in West Leigh Subdivision. Property is further described as County Tax Map 59C (2), Parcel 57. Samuel Miller Magisterial District. Mr. Humphrey read the staff report stating that two special permits have recently been approved on Williston Drive to allow stabling facilities. If the Planning Commission and Board of Supervisors approve this petition, they may wish to limit the number of horses permitted on this aprrox. 5.5 acres. After a brief discussion, Mr. Tinsley recommended approval of the request with a limit of not more than 2 horses on the premises at any one time. Mr. Staley seconded the motion which carried unanimously by those members present. Fk) SP-320 was deferred until February 18th. There being no further business, the meeting was adjourned. 1175 January 14, 1974 This was a regular meeting of the Albemarle County Planning Commission held on January 14, 1974 at 7:30 p.m. in the County Executive's Conference Room, 4th Floor, County Office Building, Charlottesville, Virginia. Those members present were: Dr. Avery Catlin, Chairman; Mr. M. Clifton McClure, Vice -Chairman; Dr. James Sams, Mr. Wilbur Tinsley, Mr. Louis Staley, Mr. Jack Rinehart, Mr. Peter Easter, Mrs. Ellen Craddock, Mr. David Carr, and Mr. Lloyd Wood, Supervisor. The minutes of October 1, 1973 thru October 29, 1973 were approved with the following corrections: On Page 1079, inlcude action takenon ZMP-282 Cushman Realty. On Page 1080, last paragraph, add the following phrase to tl�e end of the first sentence, "if the County was made a part of the agreement." On Page 1031, 2nd and 3rd paragraph, Mr. Staley seconded the motion. O"Miss Carolyn Wilcox" should be, n Page 1085, 4th paragraph, "Mrs. Carolyn Wilcox". On Page 1091, 4th paragraph; phrase "One of which needed a permit to keep it there" should read, "for one of which he needed a permit to keep" On Page 1095, loth paragraph, add "know" to read, "Mr. Carr wanted to know". On Page 1097, after the 1st complete paragraph, add "At this time, Mr. McClure left the meeting". It was requested that the minutes of public hearings be presented to the Supervisors before their public hearing meeting. An executive committee of Mrs. Craddock and Mr. Rinehart were appointed to review b them beforehand. a)ZMP-292 Ferrell Smith (deferred item) Mr. Humphrey told the Commission that they were able to establish that someone had lived in the delapidated dwelling within the last three months. He said after establishing this, he talked with Mr. Walker of FHA and Mr. Walker told him that FHA would not accept this arrangement and the property would have to be owned by Mr. Smith and that Mr. Smith was unable to get all of the trustees together to buy 1176 a portion of the land. He said in order to get financing, Mr. Smith would have to get 1.66 acres cut off . for collateral on the loan. Mrs. Craddock stated that she had visited the area and that the terrain was very bad. Mr. Rinehart stated that he appreciated the intent of the request, however, from a planning point of view he would like to recommend denial. Mr. Tinsley seconded the motion which carried unanimously. b) "Receiving Facilities for Cardinal Recycling Center" -deferred from December 20, 1973. The staffsuggested that it be approved with the following conditions: 1) a final determination on the number of parking spaces required 2) grading permit for 40,000 square feet 3) if use changed to other than recycling paper then it should come back to the Commission for review. After questioning by Mr. Rinehart, it was ascertained that the paper would come into the center by truck and be mechanically baled. It was noted that the road did not serve any other property. Mr. Rineahrt recommended approval of the site plan with the following conditions: 1) come back to the Commission if they desire to recycle anything other than paper 2) parking area to be d8:termined by the planning department. Mr. Easter seconded the motion which carried unanimously. It was noted that a fence shown on site plan would take care of the blowing of paper. Work Shop Introduction - See pg. 1178 (A,B) It was ascertained that the average area of billboards in the County was around 2400 square feet and each had been in the County an average of 6 years, and there are 178 billboards on the major routes in the County. 1177 Mr. Rinehart noted that it would be easier to administer Alternative #2. Dr. Catlin and Mr. McClure thought that Alternative #2 would be fairer. Miss White told the Commissiorn,that the Real Estate or Finance Department did not tax signs. It was the consensus of the Commission to advertise Alternative #2 which read as follows: Any billboard, location, or general advertising sign in existence at the time of the effective date of this ordinance which becomes non -conforming shall be removed or made conforming within 5 years of the date of the adoption of this amendment or no later than August 31, 1979. SPECIAL MOBILE HOME PERMITS Mr. Humphrey read the provisions to the Commission. Mr. Humphrey noted that the lineal relative permit would be deleted under the MHP permit and that all mobile home permits would come under this special permit except agricultural employees. Mr. Easter thought they needed to limit the number of mobile homes to two (2) to each parcel of land. There was concern that #3 "Minimum Frontage Setback" would leave room for the applicant to put his mobile home too close to the road. Consequently the phrase "In any case, the minimum setback shall be seventy-five (75) feet"was added. Minimum Frontage Setback (Taken from Article 11-14-1) a) one hundred (100) feet from the right-of-way of any state main- tained road; except in the case, as deemed by the Planning and Zoning staff, of unusual circumstances which may pose an undue hardship upon the applicant. In any case, the minimum setback shall be seventy-five (75) feet. �rr+ Mr. Humphrey presented the methodology of the development of the revised zoning map. The Planning Commission decided that they would 1178 like to have a booklet of reduced tax maps to aid them. Upon questioning by Mrs. Speidel, it was ascertained that they would relate the densities of the new zones to the master plan. Mr. Rinehart suggested that they take a particular section at a time and look at it first, preferably a high density area and then work from there. It was ascertained that in the first stages of work on the zoning map that the Planning Commission would take comments from the public concerning an area in general but would not take comments on specific parcels of land at that time. Mr. Humphrey noted that it was the request of the Citizens for Albemarle to zone conservation areas as they thought would be an ideal situation and they let the people request what they want for their property. There being no further business, the meeting was adjourned. 1178 A Mr. Humphrey presented: Possible Alternatives of an Amendment to Article 27-6-2 of the Proposed Zoning Ordinance or Article 15A-9-2 of the Existing Zoning Ordinance General Amendment Non -Conforming Signs and Discontinuance Article 1 Any sign existing prior to the adoption of this ordinance/amendment, and not con- forming to the terms of this ordinance, is hereby declared a non -conforming sign and may not be altered, reworded, or replaced unless said sign conforms to the requirements of this ordinance. Upon the cessation or termination of a particular use on a parcel of real property, the owner thereof shall within ninety (90) days of cessation or termination remove all con -conforming signs. If the owner shall fail to comply with this requirement, then written notice shall be given by the Administrator to the owner advising of the violation. If such signs are then not removed within ten (10) days, the Administrator shall cause such removal and charge the cost to the owner of the premises. Removal of Signs in Violation Article 2 The Administrator or his designee shall remove or cause to be removed at the owner's or tenants' expense any sign erected or maintained in conflict with these regulations if the owner or leasee of either the site or the sign fails to cor- rect the violation within 30 days after receiving written notice of violation from the Administrator or his designee. Removal of a sign by the Administrator or his designee shall not affect any preceedings instituted prior to removal of such sign. Alternative #1 Conformance Existing billboards or general advertising and location signs that become non- conforming by an act of rezoning or by the adoption of this ordinance/amendment shall be brought into conformity with regulations herein established in accordance with the following schedule: Value of Sign Less than three thousand (3000) dollars From three thousand one (3001) dollars to six thousand (6000) dollars From six thousand one (6001) dollars to fifteen thousand (15,000) dollars Fifteen thousand one (15,001) dollars or more M Period of Compliance within (2) years from the effective date of this Ordinance within (4) years from the effective date of this Ordinance within (6) years from the effective date of this Ordinance within (8) years from the effective date of this Ordinance 1178 B The prescribed value of the sign shall be construed as that value listed upon the sign permit of the sign, if one exists, or on the Administrator's certificate, and all period of compliance as listed above effective date of this ordinance. Within six (6) months date of this Ordinance, those signs erected prior to the Ordinance without'a building permit shall be removed or a be submitted to the Administrator, or his designee, for t certifying the sign value and date of construction. Alternative #2 Non -Conforming Signs and Discontinuance shall commence from the from the effective adoption of this n application shall he purpose of Any billboard, :Location, or general aOvertising sign in existence at the time of the effective date of this ordinance which becomes non -conforming shall be removed or made conforming prior to December 31, 1979. s 9 1179 January 21, 1974 This was a regular meeting of the Albemarle County Planning Commission held on January 21, 1974 at 7:30 p.m. in the auditorium of Piedmont Va. Community College, Charlottesville, Va. Those members present were: Dr. Avery Catlin, Chairman, Mr. Clifton McClure, Mr. Wilbur Tinsley, Mr. Peter Easter, Mr. David Carr, Dr. James Sams, Mr. Jack Rinehart, and Mrs. Ellen Craddock, and Mr.Louis Staley.Mr. Lloyd Wood, Supervisor was also present. The Chairman established that a quorum was present. PUBLIC HEARINGS By resolution of intent the Albemarle County Board of Supervisors has referred to the Albemarle County Planning Commission for public hearing and recommendation, a proposal to amend the Albemarle County Zoning Ordinance to delete the provisions of Article 2-1-23 which refers to locating mobile homes, for lineal relatives under Item "A" of the subject article. There were no comments from the public, therefore after a brief discussion among planning commission members, Mr. Rinehart motioned approval of the amendment, which was seconded by Mr. McClure and carried unanimously. By resolution of intent the Albemarle County Board of Supervisors has referred to the Albemarle County Planning Commission for public hearing and recommendation an amendment to the Albemarle County Zoning Ordinance to read as follows: Article 15A-9-5. Signs Prohibited: No signs are permitted in any zone along Federal Interstate Highway Systems and designated scenic highways and byway systems; except for on site sale or rental signs and on site business sings, providing the permitted signs follow the requirements set forth in Article 15A. Dr. Catlin stated that at present there were no designated scenic highways. A representative of the League of Women Voters and of the Citizens of Albemarle Association expressed support of the article. A question of what the word "along" referred to came up. Mr. Humphrey stated that he thought the intent of the Board was that no signs be visible from the Interstate. 1180 said Dr. Catlin /that the term "not being visible" might be hard to enforce. Mr. Rinehart suggested that possibly the word "not readible" be used. He said he would like to see the word "temporary" on site sale or rental signs be added. Dr. Catlin said that it was already defined. Mrs. Marion Knowland of Ednam Forest Homeowners Association and Mrs. Marion Churchill voiced support of the article. Mr. Carr thought it should read "No visible signs...." Mrs. Craddock thought "adjacent to" should replace the word "along". Mr. McClure was of the opinion that the article should read as follows: No sign is permitted in any zone which is visible from Federal Interstate Highway Systems and designated scenic highways and byway sytems; except for on site sale or rental signs and on site business signs, providing the permitted signs follow the re- quirements set forth in Article 15A. Mrs. Craddock motioned for approval of the above article. Mr. Carr seconded the motion which carried unanimously . SP-253. Frank Folsom Smith has petitioned the Albemarle County Board of Supervisors to locate a central well system and central septic system on 352.44 acres zoned A-1 Agricultural. Property is situated on the north side of Interstate 64, and the west side of Route 708. Property is further described as County Tax Map 73, Parcel 29, 29D and 29F. Samuel Miller Magisterial District. Mr. Humphrey told the Commission that they had a letter from Mr. Ashley Williams, Assistant County Engineer, stating that the corrections made on a previous memo concerning the above mentioned subject (water and sewer) had been taken care of in the revised plans. The letter stated that as on the water plan the club house, pool, managers house and tennis club would not be served by the water system for the first phase. It was noted that the Health Dept. had indicated that they would 1181 approve a system for septic systems after final perc tests had been completed. They have approved the plan with each unit having a tank with common septicfields to serve 15 to 20 units. It was decided that there was a question of whether the Board's intent was a central plant to serve the entire area or whether the use of common drain fields would be considered a central system. Mr. Humphrey told the Commission that probably Mr. Williams considered the proposed plan to be better from an operational point of view. Mr. Humphrey said he thought the Board's intent was to have one system to serve the entire area. Dr. Catlin stated that he thought the Commission recommended to the Board a central system providing tertiary treatment. The hearing was then opened to the public. Mr. Frank Smith stated that he had two experts with him in the field that they were concerned with; Mr. John McNair and Mr. D. McClay. Mr. McNair told the Commission that he was disturbed with the term tertiary treatment. He stated that using this system there would be a certain amount of discharge into the streams; that being a tributary of Mechums River. He noted that a drain field would serve approximately 10 to 12 units which would be maintained by group which is maintaining the water system and central sewage system. He stated that there would be periodic dosing of the drain fields. Dr. Catlin wanted to know if they had any experience with these systems. After a discussion, it was ascertained that they had not had any experience with this particular setup but estimated that it would last 15 to 20 years. 1182 Upon questioning by Dr. Catlin, it was noted that there was an EPA definition of tertiary treatment. Upon questioning by Mrs. Diehl, an interested citizen, it was noted that with their proposal of the sewage system there would be no discharge into the streams. Mr. John Higginson, a nearby property owner, was concerned with how this would affect the water tables in the area. /asked Mrs. Martin if they had any record of this type of a successful operation over a period of time; why the perc tests had not been completed; if the system required a re -location of septic drain fields; and whose responsibility this would be. Mr. McNair stated that the perc tests had been completed for the cluster units but the ones for individual lots had not been completed. Mr. Middleditch stated that in the covenants it would be so stated that the responsibility would be clearly on the owners of the property or owners of the public service corporation. He said that it was planned that the homeowner's association would have a budget of $100,000 per year. Mr. Smith noted that the drain fields would be located in such a way that they would be available to the homeowners association and utility authority. Mr. Humphrey noted that the only similar system was in Deerwood. This was for 10 to 12 units. At this time the public hearing was closed. It was noted that each drain field would take up about an acre and a half of land. 9 1183 Dr. Sams stated that the original system was for a central sewage system. He wanted to know why they were then presented with this type of plan. Mrs. Craddock was of the opinion that the planning commission be given the opportunity to compare the two systems. Dr. Catlin stated that he thought the overall idea made sense but he stated that they had to be sure that the County would not be held responsible if the idea did not work out. Mr. Smith said that they planned to take appropriate responsibility for long term maintenance and operation of this. Mr. Humphrey noted that if they approved the petition, it would be approval for concept and that the final approval for septic tank systems for the clusters would be approved administratively by the County Engineer and Planning Staff. Mr. Rinehart motioned approval of the special permit with and group the following conditions: 1) the individuallgwN~p septic systems be shown on the site plan 2) that legal instruments indicating ownership and maintenance responsbility be produced at the time of site plan review and having been reviewed and approved by the County attorney 3) also that alternate drain fields be shown on the site plan 4) health dept. approval 4) water for 76 dwelling units only 5) County Engineer inspection of installation of water and sewer lines as installed. Dr. Sams noted that he had not heard an argument yet that said this was the system that was approved earlier. The 6th condition was: no more than 12 dwelling units per each drain field. Dr. Carr stated that as he thought Mr.McNair was qualified to speak for these matters, that he would second Mr. Rinehart's motion 1184 for approval. The motion carried with Dr. Sams voting against it. Site Plans and Subdivisions a) Ednam Forest Section 5 Subdivision - postponed from December 20, 1973 - final approval of 18 lots zoned R-1 Residential. Preliminary approval of 41 lots zoned R-1 Residential. Mr. Humphrey told the Commission that the past road system in this area had been restricted. He stated that the applicant proposed to build roads in Section 5 to state standards "category 1" and that the water rights have been approved for Section 5 by the County Engineer. He noted that perc tests had been accomplished and will be referred to the health department. Mr. Reback stated that letters from his clients (homeowners assocation, etc.)could be withdrawn as the controversy had been resolved. It was noted that the time period for approval of the previous preliminary plan had elapsed and was therefore invalid. Mr. Fisher noted that he was concerned about the question of restricted roads, as there had been a precedent set over the years involving them. The planning staff noted that the standards requirements for approval were: 1)seeding of all slopes as soon as the weather permits. 2)review of road plans by the County Engineer and possibly the Highway Engineer. 3)County requirements for water pressure be met.Installation of booster pumps by the City Engineer. 4)Exception in length of the cul-de-sac. Mr. McClure motioned approval of the plan with the above provisions subject to approval by the Board of Supervisors on restricted road questions. Dr. Sams seconded the motion which carried unanimously. 1185 cm 2M b) Hamilton Subdivision deferred until February 18, 1974. c)Ragged Ridge Subdivision - 5 lots zoned A-1 Agricultural located north side Route 637 adjacent to the Ivy landfill. Mr. Morris Foster noted that they had prepared the lots so that they could come out on the restricted road. It was noted that the roads would be built to Class "A" standards. Mr. Carr motioned approval of the plat with the following conditions: 1) perc tests be completed on each lot 2) grading permit to be obtained prior to grading of road. Mr. Rinehart seconded the motion which carried unanimously . d) Walter A. Young - request for addition to existing right- of-way to become 50' in width; and extension of right-of-way to serve one - 2 acre parcel. It was noted that the state maintained the road for 3/10 of a mile. It was noted that this request would serve the W. A. Young property, Elvin R. Davis property and a 2.01 acre lot shown on plat. Any further subdivision along this restricted road would have to come back to the Planning Commission. Dr. Sams recommended approval of the request which was seconded by Mr. Carr and carried unanimously. e) F. 0. Cockerille - request for a 25' access easement to serve two - 6 acre parcels. Located south side of C & O Railway near Greenwood. Mr. Rinehart wanted to know if it was possible to establish a 50' right-of-way. Mr. McClure noted that there may be future development and that this might be needed. Mr. Rinehart noted that the road would have to be built to given standards and that they had not made a policy to grant such narrow easements. Mr. Cockerille noted that there was not probably more than three building sites on the property. After further discussion, Mr. McClure motioned to defer action on the request for 1 month. Mr. Carr seconded the 1186 motion which carried unanimously. f) Auburn Hill Subdivision - Section 2 - 30 lots zoned A-1 Agricultural. Located south side Route 732, 3/4 mile west of Milton. It suggested by the staff that the following provisions be adhered to: 1) Road bonds be posted for both Section 1 and Section 2 and that Section 2 not be brought into the state system until Section 1 entrances are brought into the system. and approximate time period set for completion. 2) perc tests be completed 3) indicate 30' setback on the plat. 4) Road names be prepared and approved by Planning Staff. Mr. McClure motioned approval with the above mentioned provisions: Dr. Sams seconded the motion which carried unanimously. It was noted that the 17.07 acres was not a part of the Auburn Hills subdivision. g) Bishop Office Building Site Plan. Located west side of Route9 South, south side I-64. The Commission was told that the site review committee thought the plan to be in order and that a variance would have to be obtained number of for/parking spaces, and that it was served by a state maintained road, there and that/was sufficient screening. Mr. Rinehart motioned approval subject to the planning staff's review of a landscape plan. Mrs. Craddock seconded the motion which carried unanimously. h) Hickory Ridge Farm PUD Subdivision - Sections 1 and 2. Section 1-19 lots on 19.6 acres; Section 2 - 10 lots on 11.9 acres; Located west side Route 665 at intersection Route 662, 3 miles NW of Earlysville. It was stated that the sewer line would be pipedthrough the easements. Dr. Catlin thought the areas for back up sewer systems needed to be shown for each unit. 1187 Mr. McClure noted that he would like to see a copy of the restricted covenants. 4 Mr. Easter stated that they needed more details that the /special permit conditions of the original havebeen met. Mr. Carr noted that the regulations on the roads in Phase 1 were to be up to state standards. Mr. Easter motioned to defer action until the lst meeting in February with the following conditions: 1) show where the backup septic facilities for 6 lots will go- perc tests completed. 2) Covenants to be reviewed to see if they harmonize with the original conditions (to be also reviewed by Mr. St. John, County Attorney) 3) That the minutes of the Planning Commission and Board of the original approval be provided to the Commission for review. It was noted that there would probably have to be some separate agreement for easements. There was a question of who would maintain the driveway. Mr. Rinehart seconded Mr. Easter's motion which carried unanimously. i) Francis Bryant -Request for further subdivision on restricted road, to divide 18 acres into 2 parcels. Located west side Route 637 about 3 miles north of Scottsville. Miss White told the Commission that the restricted road was originally to serve lots, A, B, and C. She stated that now they wished to divide the large acreage into two (2) parcels. Mrs. Craddock motioned approval of the request to serve lots being divided (2 parcels), plus three already approved (A,B, C) and that if any further subdivision of land was desired that it would come back to the Commission for approval. Mr. Tinsley seconded the motion which carried unanimously. is j) Avis Rent-A-Car - carwash and future office site plan. Located north side Route 649 Airport Road. It was noted that this would constitute approval of the general concept of the plan, however, that it did not constitute approval of the future office building. It was ascertained that the gas tank was located 25' or more from any building or property line. It was noted that a deacceleration lane was proposed at the west entrance and that the staff recommended that a bond be set to insure that it was built. Mr. Tinsley motioned approval of the general concept which included a de -acceleration lane, location of gasoline storage tanks washroom, and parking area. Mrs. Craddock seconded the motion which carried unanimously. It was noted that at the time the office building was to be added, an additional site plan for the building would have to be approved. k) Northside Elementary School - addition to site plan - The Commission approved the addition of an open air ampitheatre. The provisions of this ampitheatre are on file with the original site plan. There being no further business, the meeting was adjourned. Im 1189 January 28, 1974 This was a work session of the Albemarle County Planning Commission held on January 28, 1974 at 7:30 p.m. in the County Executive's Conference Room, County Office Building, Charlottesville, Virginia. Those present were Dr. Avery Catlin, Chairman; Mr. Clifton McClure, Vice -Chairman; Mr. Wilbur Tinsley, Dr. James Sams, Mr. Peter Easter, Mrs. Ellen Craddock, Mr. David Carr, Mr. Louis Staley, Mr. Jack Rinehart and Mr. Lloyd Wood, Supervisor. Mr. McClure, acting as Chairman, called the meeting to order and established that quorum was present. Mr. Humphrey told the Commission that there was a request pending to amend the ordinance to allow asphalt plants in an M-1 zone with a Special Use Permit. He stated that the applicant was willing to transport the Commission to Richmond to see an existing plant if they so desired. It was the consensus of the Commission that the proper time to visit the plant would be if and when there is a special use permit application for an asphalt plant. The Commission then started a work session on the zoning map. It was noted that persons living in dwellings on property that wf.s non -conforming would not be able to add on to or make alterations without a variance. Mr. McClure asked that the records show that he did not take part in the discussion of zoning of Hilltop Grocery and the nearby mobile home park. Several commission members suggested that areas owned by the state be zoned conservation, such as Blue Ridge Sanitorium, as the state could use the land as they pleased, and if and when they sold it, it would 1190 leave open space areas throughout the County. A copy of the map of the portion of the County which the Commission discussed is on file in the Office of Planning and Zoning. After the work session on the zoning ordinance, the Commission then adjourned.