Loading...
HomeMy WebLinkAboutJuly1974q July 8, 1974 This was a scheduled work session of the Albemarle County Planning Commission held at 7:30 p.m. on July 8, 1974, in the Albemarle County Courthouse, Court Square, Charlottesville, Virginia. The Planning Commission members present were Mr. David Carr, Chairman; Mr. Jack Rinehart; Mrs. Ellen Craddock; Mr. Wilbur Tinsley; and Mr. Louis Staley. Mr. Bill Colony of the Virginia Environmental Protection Agency and Dr. Mahlon Kelly and Dr. George Hornberger from the University of Virginia's Department of Environmental Sciences were asked to this work session to offer comments concerning land and water conservation, parti- cularly with regard to the Rivanna River Reservoir. Mr. Clifton McClure, Mr. Peter Easter and Dr. James Sams of the Planning Commission were absent. Mr. Carr established that a quorum was present and called the meeting to order. As several members expressed an unwillingness to pass the recently sub- mitted Planning Commission minutes (covering period from March 25 through April25) because of insufficient time to study them carefully, Mr. Rinehart made the motion to defer approval until the next meeting. Mr. Tinsley se- conded the motion which was carried unanimously. Mr. Humphrey commented that the planning staff had been communicating with EPA and the Department of Environmental Sciences at the University of Virginia and Virginia Polytechnic Institute,concerning conservation and the Rivanna Reservoir. He noted that he had received a letter from the Health Department (Mr. Bartsch) which considered the reservoir "in dire need of protection." The Charlottesville City Council adopted a resolution on July 1, 1974, dealing with conservation around the reservoir. The staff had also received a letter from Mr. Tom Wyant whose engineering firm of- fered their assistance in finding a solution to the problem of the reser- voir. Before the presentation by the invited consultants, Mr. Carr stated that this was an informal workshop and if there were other interested speakers present the Commission would welcome their comments. Mr. Bill Colony, spokesman for the Environmental Protection Agency, stated that environmental land protection had "come a long way" in identi- fying problems and arriving at solutions. Today, this task is more complex as it is necessary to recognize the interaction amoung water, air, and land quality management. There are socio-economic impacts now to deal with regarding environmental conservation. Mr. Colony stated that he had 24 years experience at the state and federal level and was responsible in part for resource management in the Potomac River Basin and Susquehanna River Basin plans, etc. Mr. Colony informed the Commission of some of the background of EPA and the federal statutes on which this agency now bases its actions (i.e. PL-92- 500). The major national goal of EPA is to rid all navigable waters (mean- ing any body of water) of damaging pollutants by 1985. An interim goal is the protection of fish and wildlife in and/or around these bodies of water by July 1, 1983. He mentioned the availability of state and federal grants under several sections of this statute to aid localities in reaching these goals of waste management. From Section 304 of this statute, Mr. Colony said that the EPA was authorized to provide information and guidelines concerning non -point pollutants, :runoff from agriculture and constructional sources. The localities must understand, he emphasized, the interaction between good air, land, and water quality. Mr. Colony stated that "land compartmentalization" studies (i.e. the suitablity of each area for drainage according to its particular land capabilities) were useful in controlling pollutants. The question of what to do with wastes generated by a community used to be answered by secondary treatment (PL-92-500 stipulates that at least this process be present on every waterway by 1977), however, Mr. Colony remarked that now it was tech- nologically possible to reclaim waste water for drinking water or in terms of the Lake Tahoe and Fairfax County projects, to reuse the waste water as a resource. Rather than just creating secondary sources of pollution when treating the water, Mr. Colony suggested that it would be more beneficial to implement advanced water treatment programs within the basin itself ac- companied with adequate surveillance to provide the most useable quality of water. Mr. Colony sited the Portsmouth area as an example of how a lack of understanding and knowledge about critical zones can bring about avoidable mistakes in land and water quality management. Here, where ground water was a primary source, roads were covered with a nonporous pavement so that there could not be an adequate recharge of the primary water system. He noted that it was essential that communities understand their land uses and capabilities in order to control pollutants. Storm water runoff is an important source of concentrated pollutants he said. Mr. Colony concluded that it was possible to bring about a good balanced interaction of land, air, and water quality management. A possible fiscal approach he suggested (now being used in the midwest) is to equalize the impact of these programs by sharing a percentage of the tax revenue with neighboring counties. He stated that Albemarle County did not have the necessary sophisticated data now to control pollutants by a computer study such as that going on in Fairfax County, but that: "good judgement and common sense from well meaning officials and public can do a lot." It is necessary to begin these programs immediately as "to delay would be a costly decision, both economically and environmentally." The proposed Zoning Ordinance, Mr. Colony noted, is a first step and does contain some protective means in the area of resource management. George Hornberger, a theoretical hydrologist from the Department of Environmental Sciences, at the University of Virginia, next spoke on the process of eutrophication (how a body of water transforms from a lake to a marsh). In a practical sense, the term was applied to the accelerated process by which reservoirs or lakes are destroyed as a water source. Dr. Hornberger stated that the Rivanna River Reservoir had many of the symptoms of this process (rapid algae growth, oxygen depletion, taste and odor problems). The problem here, he stated, was that: our data base concern- ing the Reservoir is not very great and one can't specify why eutrophicatwl-on ld is taking place at such a high speed without knowledge of where the nutrients are coming from. Mr. Carr asked Dr. Hornberger if it was possible to estimate the life of the Reservoir under these circumstances and Mr. Rinehart was interested in whether this body of water could feasibly be flushed out and made re - useable. In response, Dr. Hornberger said that there was not enough data to give an accurate estimation of the life of the Reservoir, but that it was a matter of decades. The tremendous cost of draining the Reservoir and the fact that the basin would still be high in nutrients after this program was completed led Dr. Hornberger to suggest that this would be an impracti- cal method to follow. Eutrophication is not an "irreversible" process, he noted, but to control it, a necessary understanding of the land and water must be obtained. Mr. Humphrey stated that the City and County had been discussing the situation of the Rivanna Reservoir fora long time and now was the time to immediately proceed with such a study. Mrs. Craddock asked Dr. Hornberger if he could give the Commission an educated guess as to what was causing the pollutants. Dr. Hornberger did not have sufficient data to answer this question. Mahlon Kelly, who had worked closely with Dr. Hornberger and was a specialist on aquatic plant growth, next spoke to the Commission. The major problem of the Rivanna Reservoir is an excess of nutrients and an absence of oxygen. Mr. Kelly stated that the Reservoir had, in nine to ten years, deteriorated to a state that it would have taken a glacial lake 5,000 to 7,000 years to complete. The biggest contributors of the nutrients seem to be Mechums River and Ivy Creek. Lickinghole Creek from Crozet seemed to supply only 1/6 of the phosphates. Statistics on the sources of the nutrients were inadequate as a basis for decisions, however, Mr. Kelly suggested that if the Reservoir continues its eutrophication pattern the water would be undrinkable in ten to fifteen years. With regard to the impact of high density housing on this problem, Mr. Kelly stated that rivers which flow through forest land did not accumulate as much nitrogen and phosphates as did agricultural and residential lined tributaries. In residential zones, usually more nutrients flow into the water than in agricultural areas, from fertilized lawns (more fertilized than agricultural areas, therefore, a higher concentration of nutrients in runoff), from paved areas (pavement itself gives off nutrients), from septic tanks, and from waste material of domestic pets (which goes through no secondary treatment system). Mr. Kelly stated that it was well within the realm of technology to control nutrient input and that to designate land use (preliminary Zoning ordinance) without this information was gambling with the cost of a reservoir. In this general area, Mr. Kelly noted, there were two examples of the best water source (Sugar Hollow Reser- voir) and the worst water source (Rivanna Reservoir). Mrs. Craddock asked Mr. Kelly how long it would take a qualified firm to make a study on the Rivanna Reservoir. Mr. Kelly replied that the most beneficial study which he would suggest would actually consist of two studies taking place simultaneously. One would concern itself with 15 to 25 sampling stations spread across the basin to be monitored weekly throughout the year, examining low flow and high flow. The second study would be concentrating on the rate of plant growth with regard to nutrient characteristics. Mr. Kelly sug- gested that the study would take approximately 12 months with at least a 2 month period entailed to write up a thorough report. In order to find a qualified firm for this task, it was Mr. Kelly's opinion that a proposal be submitted to several good firms, whose bids would then be evaluated by a board possibly made up of experts from Blacksburg and the University of Virginia, the State Health Department, and the State Water Control Board. Upon questioning from Mr. Carr, Mr. Kelly stated that new construction created siltation problems, but that the removal of top soil was not a big problem as far as adding nutrients. Agricultural land could cause more problems in this area. Sally Thomas, from the public at the workshop, asked Mr. Kelly how much a study such as he suggested would cost. Mr. Kelly estimated the expense to be from $50,000 to $200,000 with the quality of the work reflected re- spectively by the price. Mr. Kelly commented that it was difficult to answer any question concerning the Rivanna Reservoir accurately until a study was made. Clinton Parker offered that it was essential that the Reservoir survive, as the only alternative water source would be the James River. To this George Williamsadded that with water sources limited, we have little other choice and must set about reversing the process now taking place in the Rivanna Reservoir. Mr. Carr stated that we must be wary about going to the other extreme from overdeveloping the land near the Reservoir -to holding the land and not giving it enough chemical assistance to allow some vegetative coverage to grow. Mr. Carr thanked all the speakers and interested public who commented and suggested that the workshop move on to consider other pressing matters. Bob Tucker with Mr. Humphrey presented a study dealing with the County of Albemarle's Historic District which is proposed for inclusion in the preliminary Zoning Ordinance. The planning staff recommended that those areas placed within the State and Federal Registry be placed within the County's "Historic District." Mr. Carr noted that sites already approved by the State and Federal Registry must offer their consent to be designated in an "Historic District." Mr. Humphrey stated that an advisory committee was now working with the City in considering those areas which should be protected under this zoning. This committee would actually have no authority until the proposed Zoning Ordinance was approved. Asked from the public what kind of organization this committee would be and whether it would have the power to work with the City, Mr. Humphrey replied that this section within the preliminary Zoning Ordinance was 1144 /3 still open, but that it could be changed when it came up in the final review of the text. Mr. Carr asked the Commission members present for any comments on the information revealed that night or on matters previously considered dealing with the preliminary Zoning Ordinance. Mr. Rinehart stated that he thought there was some shortcomings in the work done, but that the Commission should not weaken and should stand up to such matters as the vested interest problem previously discussed. When there was substantial documentation for downgrading,the Commission should go ahead. It is important, he stated, to give the Board of Supervisors a good, strong zoning ordinance. Mr. Tinsley commented that after thinking about these problems, he felt it was imperative to get all the professional help possible in dealing with these matters. In the area of water conservation, particularly, any- thing which could be added, should be. Mr. Staley discussed the problems of landfills and sewage systems and their location in the County. He suggested the possibility of Doyle River as a primary source of fresh water for the entire county. The filtration system could be placed here and then landfills and sewage plants located at the lowest point of the County, such that these units need never effect the supply of usable drinking water. Mr. Rinehart replied to this statement, that past decisions had already been made regarding these areas and it was necessary for the Commission to respect these decisions and work with them. Mrs. Craddock stated that she supported Mr. Tinsley's suggestion to seek all professional advice and that the Commission should stand fast and be as fair as possible to the citizens of the County. She suggested that the planning staff draw up a resolution to have a study made on the Rivanna Reservoir. Mr. Humphrey added that something had to be done to delay the continu- ation of the eutrophication process in the Reservoir. Action should be taken to define the area of the problem (whether agricultural or urban). It is essential to at least maintain a condition of status quo in the Re- servoir immediately. Mrs. Craddock noted that if status quo is not maintained, the Commission has failed. The study must be done and she stated that it was necessary to "move, and move fast" in this regard. Mr. Humphrey stated that the Commission should not do this blindly, but should rely on the technical aspects of the zoning ordinance in making the study. Mr. Carr recommended that the resolution include that the Commission work with the City on this problem and the study should take place with the appropriate federal and state agencies involved. Mrs. Craddock asked, if possible, for the staff to send copies of this drafted proposed resolution to the Commission members within the week to enable the resolution to be the first item on the agenda at the next scheduled meeting. Mr. Rinehart made a motion for the resolution to be prepared, which was seconded by Mrs. Craddock and passed unanimously. Mr. Carr requested from Mr. Humphrey a list of five or six specific items which were of primary importance for Commission attention to be pre- pared for the next workshop on July 22, 1974. Mr. Staley offered several corrections of the submitted Planning Commis- sion minutes. There being no other matters ready for consideration, Mr. Carr adjourned the workshop meeting at 10:25 p.m. oh# L. Humphrey, Se3#etary 19 KI) M July 15, 1974 The regular meeting of the Albemarle County Planning Commission was called to order by Mr. David Carr, Chairman; at 7:30 p.m. at Piedmont Virginia Community College. Those members present were Mr. David Carr, Chairman; Mr. Clifton McClure, Vice - Chairman; Mrs. Ellen Craddock; Mr. Wilbur Tinsley; Mr. Louis Staley; Mr. Jack Rinehart; and Mr. Peter Easter, establishing a quorum. The minutes of March 25 through April 25 were approved subject to a few editorial changes. Adoption of resolution concerning reservoir study: Mrs. Craddock stated that this resolution seemed to be very forthright statement of the existing situation. Mr. Carr acknowledged that the resolution was very acceptable. Mr. Tinsley moved approval of the resolution as written and it was seconded by Mr. Rinehart. The foregoing motion carried unanimously. At this point, Mr. Humphrey stated that the resolution speaks to a current condition of the Rivanna Reservoir, and that the Department intended to pass it on to the City of Charlottesville in order that they could also take appropriate action on it. Lewis -Hill West Site Plan: Mrs. Scala gave the staff report stating that this is a subdivision plat with a request for a restricted road. She reminded the Commission that it had been deferred due to some confusion over the central well. She noted that the staff had had a meeting with Mr. Cushman and his attorney. He is requesting approval of the site plan subject to the approval of the special permit, in which he asks to drill an additional well and put in additional storage facilities to serve the lots over the 52 approved lots. Mr. Cushman explained that this was being put up for a central well because there is a central water system. Mr. Landess explained that this subdivision could be developed as 10 three -acre lots or as 14 two -acre lots without having to have any restricted roads. Mr. Landess stated that even though this was feasible, it was objectionable to the developer, and further pointed out that the alternative process for development did meet all County requirements. A far superior method of developing is with the restricted roads, in which the two roads will each serve 7 lots. Mr. Cushman told the Commission that he had installed 5 fire hydrants. Mr. Rinehart said he did not feel the Commission had the right to deny it as a subdivision. He stated that he would like to see a central well system and no central piping. Pointed out that it complies with all regulations. Mr. McClure noted that the Commission would be much better off approving this requested restricted road than having 1,500 feet road frontage, and possibly 14 entrances. "Can't deny his plat since he has complied with the ordinance." He pointed out that " this is a preliminary plat, and approval of this is not binding for future approval:" SP-362. Joseph and Virginia Marcinko have petitioned the Albemarle County Board of Supervisors to locate a mobile home on 4.06 acres zoned A-1 Agricultural. Pro- perty is situated on the south side of Route 708, and the east side of Route 795 at Blenheim. Property is described as County Tax Map 114, Parcel 42. Scottsville Magisterial District. Mr. Humphrey gave the staff report, pointing out that the applicant intended to build a permanent residence, at which time he would remove the trailer. Mr. Rinehart moved approval for 3 years, and single year approval for a period of 2 years by the staff, up to time at which permanent dwelling will be built. Approval would also be made subejct to the following conditions: 1. Removal of trailer at end of five year period or as soon as permanent dwelling is completed; 2. Removal of as little screening as possible; 3. Setback of 80 feet; and 4. Health Dept. approval. The motion was seconded by Mr. Staley, and it carried unanimously. SP-364. Lucy and Thomas Mills have 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 614, about 1 mile west of Owensville. Property is further described as County Tax Map 42, Parcel 50, Part thereof. Samuel Miller Magisterial District. Mr. Humphrey gave the staff report. Mrs. Craddock questioned the location of the mobile home and asked if it could be placed at least 100 feet back without a problem of the drop-off. At this point, the electricity went off and the remaining items of the agenda were deferred to a later meeting. At Sec etary 9 M July 22, 1974 This was a work session of the Albemarle County Planning Commission held at 4:30 p.m. in the Board of Supervisors meeting room, County Office Building, Court Square, Charlottesville, Virginia. Those members present were Mr. David Carr, Chairman; Mr. Clifton McClure, Vice - Chairman; Mr. Jack Rinehart; Mrs. Ellen Craddock; Mr. Wilbur Tinsley; Mr. Peter Easter; Dr. James Sams; and Mr. Louis Staley. order. It was established that a quorum was present and Mr. Carr called the meeting to Reservoir area: . Mr. Humphrey gave a report which included the fact that zoning has played a part in assessment of property over the past six years by the Real Estate Department. by: He stated that the property around the reservoir and its watershed is controlled 1. Cluster development; 2. Site plan control, or 3. Retaining CVN zone where it is possible. i He read reports from the EPA and SWCB which stated that Pesticides, etc. cause major detriment to the reservoir areas. The reporters stated that control of these pesticides, etc. should be initiated. Mr. Humphrey suggested a floating zone within the zoning text. Mr. Easter stated that Ray's Ford Bridge to the dam of the reservoir should be protected as the immediate reservoir area - the watershed or drainage basin should be looked at in a different light. Mr. Carr asked that the immediate reservoir vicinity be defined. Mr. Rinehart said that one alternative was that the reservoir should be in CVN with cluster development. Mr. McClure stated that the other alternative would be to recognize the existing zoning and use control by Site Plan and Soil Erosion Ordinances and to place CVN where possible. After some discussion from the public, Mr. McClure said he felt as though CVN would be a confiscation. Mr. Carr suggested a third alternative of purchasing the land around the reservoir. Mr. Easter recommended a compromise with the adjacent property owners around the reservoir. Mr. Carr suggested they consider condemnation or bond to purchase the land around the reservoir. Mr. Rowan told the Commission that rights are given up through zoning. Mr. Rinehart moved that the reservoir, once the area was properly defined, be placed in the CVN zone, either by contour or setback with density credit. Mrs. Craddock seconded the motion. Mr. Carr asked how to define the reservoir. Mr. Humphrey described how the CVN was delineated earlier around the reservoir. Mr. Carr explained the motion to Mr. Staley, stating that the property surrounding the reservoir of approximately 1,000 feet would be placed in CVN with density credit of CVN - 1 per 5 acres. Mr. Easter stated that he could not support the motion, because it is confiscating. Mrs. Craddock gave the rebuttal to Mr. Easter's question. Mr. Carr repeated the motion for the question - To define the immediate area of the reservoir and that land be zoned CVN with density credit of CVN and cluster concept be followed within the CVN zone. Those in favor of the motion were Mr. Rinehart and Mrs. Craddock. Opposed to the motion were Messrs. Easter, Staley, McClure and Carr. Mr. Rinehart asked what the Commission will pass. Mr. McClure wanted to know what parcels have vested rights. Mrs. Craddock said that she felt that all property owners around the reservoir should be consulted, rather than just a few. Mr. McClure moved for the second alternative, which was seconded by Mr. Staley. The motion was for recognitions of existing zoning with development in residential zone areas, with site plan and soil erosion control. The motion stated further, that: 1. Obtain all the CVN as possible within the defined area; 2. Require site plan and cluster in all zones around reservoir zone; 3. Require site plan approval; 4. Nothing be built in 200 foot strip around the reservoir including septic tank fields and land be zoned CVN. Those in favor of the motion were Messrs. Carr, Staley, Easter and McClure. Those opposed to the motion were Mr. Rinehart and Mrs. Craddock. At this point the meeting adjourned for dinner, and all other items on the agenda were deferred until another meeting. le retary N July 22, 1974 This was a regular meeting of the Albemarle County Planning Commission held at 7:30 p.m., in the Board of Supervisors meeting room, County Office Building, Court Square, Charlottesville, Virginia. Those members present were Mr. David Carr, Chairman; Mr. Peter Easter; Mrs. Ellen Craddock; Mr. Clifton McClure; Mr. Louis Staley; and Mr. Lloyd Wood, Supervisor. Mr. Carr called the meeting to order and established that a quorum was present. Landfill amendment - Zoning Ordinance: Mr. Humphrey presented the amendment on landfills to the Planning Commission. Mr. McClure moved approval, and Mrs. Craddock seconded. The motion carried un- animously. SP-373 Rivanna Water and Sewer Authority: This was a deferred item. Mr. Kennedy, trustee for the property, stated that there were no objections to the special permit. Mrs. Craddock moved approval and Mr. Staley seconded. The motion carried unani- mously. SP-364 Lucy and Thomas Mills: This was a deferred item. Mr. Carr stated that he felt the special permit should be heard. Mr. Humphrey gave the staff report with the recommended conditions. Mr. Dave Wood spoke representing Dr. Clifford Fox. Mrs. Craddock questioned the shape of the property and stated that the applicant does not own the land. Mr. Easter moved for denial on the basis that the applicant does not own the land, the screening problem, no similar development in the past. Mrs. Craddock seconded the motion, which carried unanimously. SP-368 William T. Payne: Mr. Humphrey gave the staff report with the recommended conditions. Mr. Jack Kegley represented the applicant. %4 r- Mr. Carr explained those items presented by Mr. Kegley, and it was established that Mr. Payne did not own the property. Norman Mitchell opposed the trailer since the Shifflet family had moved and a new family has moved there. The following landowners voiced their opinions on the proposal: Mr. Hall requested approval of the mobile home. Mrs. Frank Fitzgerald opposed the mobile home. Mrs. Glass opposed the mobile home. Mrs. Batton opposed the mobile home. Mr. Easter moved for denial and Mrs. Craddock seconded the motion. The vote was 4-1, with Mr. McClure voting in favor of the special permit. Expresso Restaurant Site Plan: Mr. Easter disqualified himself from the discussion by leaving the room and not voting. Mr. Humphrey presented the staff report. Ed Lowry represented the Expresso. Aubrey Huffman spoke for the site plan. Mrs. Joan Graves opposed the plan. Mr. St. John is to review this site plan submittal to determine if it is valid. Mr. McClure moved for deferral until the applicant's attorney had received the memorandum and review by Mr. St. John. Mr. Staley seconded the motion which carried unanimously. Briarcliff Apartments Site Plan: Mrs. Scala presented the site plan. Mr. Humphrey stated that there would be sewer availability in 1976. Mr. Fornes spoke concerning the drainage off the six acres which collector leads into and the spring on the property and the possible sewage easement. Mr. Huffman stated that he felt Mr. Fornes' wishes could be accommodated. Gordon Granger asked about drainage on the west side of Sunset Avenue. Mr. McClure moved approval subject to all terms that meet the approval of the staff. Mr. Staley seconded the motion, which carried unanimously. 19 Buck Mountain Site Plan (Information only): Mrs. Scala presented the subdivision for information. Mr. Max Evans commented on the subdivision and presented an overall layout of PUD concept. Richard Anderson - Restricted Road: Mr. McClure moved for approval and Mrs. Craddock seconded the motion, which carried unanimously. Carrie Lou Lamb - Easement: Mr. McClure moved approval of the 20' easement subject to no further subdivision along this 20' easement. Mrs. Craddock seconded, and the motion carried unanimously. Fairgrove - Section II: Mrs. Scala gave the staff report and stated that Section I has already been ap- proved and gone to record. Mr. McClure recommended approval in his motion, which Mr. Easter seconded. The motion carried unanimously. West Woods - Individual Wells: Mrs. Scala stated in the staff report that the subdivision was approved with public water, and that Mr. Foster was asking for individual wells with 2-acre lot density. Mr. Carr asked for the status of public water to the area from Mr. Bailey. Mr. McClure made a motion to defer the matter; Mr. Staley seconded the motion, which carried unanimously. The meeting adjourned there being no further business. M /f� July 29, 1974 This was a work session of the Albemarle County Planning Commission held on July 29, 1974, at 4:30 p.m. in the County Executive's Conference Room, 4th Floor, County Office Building, Charlottesville, Virginia. Those members present were: Mr. David Carr, Chairman; Mr. Clifton McClure, Vice -Chairman; Mr. Jack Rinehart; Mr. Peter Easter; Mr. Louis Staley; Mr. Wilbur Tinsley and Mrs. Ellen Craddock. Willoughby - Mr. Carr turned over the chairmanship to Mr. McClure and disqualified himself from discussion or voting on the matter. It was noted that the staff was of the opinion that the area would be best suited for an IL complex or multi -family dwellings. However, the staff was to look into the proper access for the property. Mr. Ed Deets spoke for Virginia Real Estate Trust who was the first lienor and for the owner of the property, "a Mr. Williams". He stated that they had no immediate plans and that the property was not actively on the market. He stated that they were waiting for the completion of the sewer line, that the loan and appraisal was based on commercial property being on the interchange. He stated that it was still their opinion that the property was commercially orientated and that they had discussed access with the Wards, who own Reynovia Lake. He said that the citizens were protected by the site plan ordinance and that he desired that the problems of access to Avon Street be solved. After further discussion, Mr. Rinehart moved that the property be rec- ommended for CG, Commercial General. Mr. Tinsley seconded the motion which carried unanimously. Mrs. Craddock suggested that the Commission pay special attention to buffering when the site plan came before them. M Mr. Carr returned to the meeting and resumed the Chairmanship. Route 29 North area --Mr. Humphrey told the Commission that the owner of the property was present at the Planning Commission meeting when the RT zone was recommended and the applicant had not voiced any objection at that time (land near Woodbrook shopping center). Mr. Rinehart moved that the property from Woodbrook to the river be zoned RT. Mrs. Craddock seconded the motion, which carried unanimously. West Side Route 29 North - Mr. Humphrey stated that the staff suggested that the commercial zoning be made more compact. He noted that this would eliminate curb cuts and help curb safety hazards. He noted that the owner of the property preferred to have road frontage or or 200' commercial. Mr. Rinehart stated that he was really concerned about the safety of Route 29. Mrs. Craddock stated that they would have to tackle this problem as they would have no justification to prohibit strip zoning later. Mr. Rinehart moved that this property be recommended for residential zoning but allowing 12 units/acre, not 20. Mr. Humphrey noted that this was to bring it in line with the sewer capacity and the density in the Comprehensive Plan. l7 July 29, 1974 This was a regular meeting of the Albemarle County Planning Commission held at 7:30 p.m. in the auditorium of Piedmont Virginia Community College, Charlottesville, Virginia. Those members present were: Mr. David Carr, Chairman; Mr. Clifton McClure, Vice -Chairman; Mr. Jack Rinehart, Mr. Wilbur Tinsley and Mr. Peter Easter. PUBLIC HEARINGS: a) UP-74-02. Cosmopolitan Spa has petitioned the Albemarle County Board of Supervisors to amend the Albemarle County Zoning Ordinance, Article 7-1, to allow health spas as a permitted use in the B-1 Business, General zone. Mr. Tucker read the staff report commenting that in the opinion of the staff Health spas are compatible with commercial uses and should be permitted. He noted that in the proposed zoning ordinance Health spas would be permitted by right in the Commercial, Limited District. Mr. George Sloan, representing the application, stated that the proposed health spa would be located on Westfield Road and showed pictures of the proposed facility to the Commission. After a brief discussion, Mr. McClure moved approval of the amendment which was seconded• by Mr. Rinehart. Mr. Rinehart asked that a definition of a "health spa" be drawn up and incorporated into the ordinance. The motion for approval carried unanimously. b)ZMP-308 Double C. Corporation has petitioned the Albemarle County Board of Supervisors to rezone approximately 12 acres from R-2 Residential to B-1 Business. Property is situated on the north side of Route 631, (Rio Road), west of Route 29 North. Property is further described as County Tax Map 45H, Parcels 12, 13, 16, 17 and 18. Charlottesville Magisterial District. Mr. John Reynolds, a nearby property owner, wanted to know what size the proposed building would be, etc. Mr. Carr replied that that would be reviewed when the site plan came before the Commission. Mr. McClure thought that it would be necessary to have an agree- ment of record for the rezoning, noting that he would hate to see a service station go in the area. Mr. Rinehart moved approval of the request, which was seconded by Mr. McClure and carried unanimously. It was noted that the proposed zoning map should be checked to see where they had drawn the commercial line in this area. c) SP-370 Mr. and Mrs. Sam Lively have petitioned the Albemarle County Board of Supervisors to locate a mobile home on 566.94 acres zoned A-1 Agricultural, Property is situated 12 miles past the intersection of Route 729 and Route 53; northeast side. Property is further described as County Tax Map 94, Parcel 17. Rivanna Magisterial District. Mr. Tucker read the staff report commenting that if the Planning Commission and Board of Supervisors approved the petition, it should be conditioned upon the following: 1. County Building Official approval; 2. Minimum setback of 100 feet from Route 53; 3. Skirting around the mobile home from ground level to the base of the mobile home; 4. Five (5) year time limit; and 5. This permit be issued to the applicant and is non-transferrable. Mrs. Lively noted that the trailer was not visible from the highway and that the nearest neighbor had no objection (Schuyler Harris). Mr. J. L. Lively commented that the mobile home had been located on the property for over a year. He stated that they.s.hared the same legal right-of-way to their property and that there was trash at the entrance road,etc. which made the location of a mobile home undesirable. Mr. Earl Martin, Jr. speaking for himself and his father, wanted to know why the mobile home had to be located 75' from the right-of-way when the Lively's owned 560 acres of land? He also wanted to know where the mobile home petitions would stop. Mrs. Miller gave the Commission the present details surrounding the two mobile homes now located on the property. 1,3 Mr. Rinehart stated that he desired a location for the mobile home that would be out of the site of the neighbors and suggested that the matter be deferred so that the Planning Commission members could take a look at the area where it would not be objectionalbe to the neighbors. Mr. McClure was in agreement with Mr. Rinehart. Mr. Rinehart, therefore, moved deferral of the petition so that the members and possibly the staff could find a better location for the mobile home. Mr. McClure seconded the motion which carried unanimously. d)SP-371 Herbert McDaniel has petitioned the Albemarle County Board of Supervisors to locate a mobile home on 80.1 acres zoned A-1 Agricultural. Property is situated on the north side of Route 605, approximately 12 miles northwest of Advance Mills. Property is further described as County Tax Map 20, Parcel 1. Rivanna Magisterial District. Mr. Rinehart moved for deferral of the petition since the applicant was not present. Mr. Tinsley seconded the motion which carried unanimously. e)SP-372. Edgar E. Wood, Jr., has petitioned the Albemarle County Board of Supervisors to locate a mobile home on 2.0 acres zoned A-1 Agricultural. Property is situated on the east side of Route.670 near Damon. Property is further described as County Tax Map 127, Parcel 6B. Scottsville Magisterial District. Mr. Tucker told the Commission that Pat Fleshman of the Planning staff had received a telephone call that afternoon from Mr. Wood, who stated that he had bought a home and therefore did not wish to pursue the permit, and was consequently asking for withdrawal. Mr. Rinehart moved for withdrawal of the petition without prejudice, which was seconded by Mr. Tinsley and carried unanimously. f)SP-374. Eugene Worrell has petitioned the Albemarle County Board of Supervisors to locate professional offices on 4.4 acres zoned A-1 Agricultural. Property is situated west of Route 743 between Hydraulic Road and the Charlottesville -Albemarle Airport. Property is further described as County Tax Map 45, Parcel 44. Charlottesville Magisterial District. Mr. Tucker told the Commission that there was now pending an application before the Board of Zoning appeals for clarification of the definition of "Professional Offices, He stated that the County Attorney felt that the matter should be continued until the 26th of August. Mr. McClure moved that action on the petition be continued until August 5th and continued on that date if necessary. Mr. Easter seconded the motion which carried with Mr. Rinehart asking that the records show that he did not participate in the discussion or voting on the matter. g) SP-375 Snow Man, Inc. has petitioned the Albemarle County Board of Supervisors to allow a wholesale operation to be located on the northwest side of Commonwealth Drive zoned B-1 Business. Property is further described as County Tax Map 61W, Parcel 12. Charlottesville Magisterial District. Mr. Tucker read the staff report commenting that if the Planning Commission,and Board of Supervisors wish to approve the petition, it should be conditioned upon the following: 1) Parking area and driveway to be covered with a dust -proof surface; 2) Maximum number of trucks limited to ten (as suggested by the applicant); 3) Screening from Commonwealth Drive with two rows of evergreens six feet high on 10 foot centers; 4) County Building Official approval of electrical outlets for refrigerated vehicles; 5) Time limit of three (3) years, after which a new special use permit must be obtained; 6) This permit be issued to the applicant and is non-transferrable. Mr. Johnson told the Commission that he would be making use of the parcel next to the 3rd building owned by CFM. Upon questioning by Mr. Rinehart, Mr. Johnson told the Commission that he would be provided with a watt light from Vepco but there would not be any fences. Mr. Carr stated that he did not find this use necessarily compatible but could possibly be approved for a short term. Mr. Rinehart and Mr. Staley commented that they did not think this was the proper area for a storage yard. Mr. Tinsley suggested that possibly a "1" year period would be okay. Mr. McClure moved approval of the request with the preceding conditions being attached and changing condition #5 to read: Time limit of one (1) year, after which a new special use permit must be obtained. Mr. Tinsley seconded the motion. Mr. Staley suggested that a condition of making operations be closed by no later than 12 midnight. This was therefore, incorporated in the motion. The motion carried by a 5-1 vote which Mr. Rinehart voting against the motion. h)SP-377. James A. and Corina M. Garrison have petitioned the Albemarle County Board of Supervisors to allow a mobile home to be located on 2.065 acres zoned A-1 Agricultural. Property is situated on the north side of Route 672 about 12 mile northeast of Doyesville. Property is further described as County Tax Map 27, Parcel 3 (part thereof). White Hall Magisterial District. Mr. Tucker read the staff yeport commenting that if the Planning Commission and Board of Supervisors wished to approve the petition, it should be conditioned upon the following: 1) County Building Official approval; 2) Minimum setback of 100 feet from Route 672; 3) Screening from Route 672; 4) Skirting around mobile home from ground level to base of mobile home; 5) Time limit of five years; and 6) This permit be issued only to the applicant and is non-transferrable Mr. Tucker noted that they had received a letter of opposition from a Mr. Anthon C. Johnson. After a brief discussion, Mr. McClure moved approval of the petition, which was seconded by Mr. Tinsley and carried unanimously. It was noted that the screening from Route 672 would be up to the discretion of the Planning Department. i)SP-376 I. J. Breeden, Inc. has petitioned the Albemarle County Board of Supervisors to locate a central well and sewer system on 170.4 acres zoned A-1 Agricultural. Property is situated between Route 20 South and Route 631, Old Lynchburg Road, adjacent to Southwood Mobile Home Estates. Property is further described as County Tax Map 90, Parcel 16 (part thereof). and 5A (part thereof). Scottsville Magisterial District. /rLnort Mr. Tucker read the staff commenting that the applicant had stated that this central well and sewer system is to serve R-3 property 2-2- adjacent to Southwood Mobile Home Estates once the R-3 property is developed. However, Mr. Tucker stated that at the present time, no written data concerning the water and sewer system have been submitted. He noted that if the Planning Commission and Board of Supervisors desired to approve the petition, it should be conditioned upon the following: 1. County Engineering approval of all engineering data they deem necessary. 2. Health Department approval of central water and sewer system; 3. State Water Control Board approval; 4. County Service Authority approval; 5. Rivanna Sewer and Water Authority approval. He noted that the Planning staff could not offer any comment or detailed information on the proposal since refined data has not been submitted. Mr. Easter asked that the records show that he was abstaining from the discussion and voting on this matter. Mr. Huffman stated that they would like to do some planning and that the County Service Authority had approved of their idea in concept. Mr. Humphrey stated that in his opinion the Board of Supervisors would look very hard at the request since there was no specific plan before them. Mr. Rinehart stated that he himself was counting on a number of people living in that area, but would like to see a plan. A Colonel Taylor asked the Commission what they were really talking about? Mr. Carr noted that the Commission could not really re -act to this request. Mr. Rinehart also commented that he did not believe that they really had anything sound before them to make a decision on. 1�; With the okay of the applicant, Mr. Rinehart moved that the petition be withdrawn without prejudice. Mr. McClure seconded the motion which carried unanimously. j) SP-378. Elmer C. and Della H. Martin have petitioned the Albemarle County Board of Supervisors to locate a mobile home on 10.92 acres zoned A-1 Agricultural. Property is situated on the northwest side of Route 618 about 2 mile east of Wood- ridge. Property is further described as County Tax Map 115, Parcel 47C. Scottsville Magisterial District. Mr. Tucker read the staff report commenting that if the Planning Commission and Board of Supervisors wished to approve the petition, it should be conditioned upon the following: 1. County Building Official approval; 2. Minimum setback of 100 feet from Route 618; 3. Removal of as few trees as necessary; 4. Skirting around the mobile home from ground level to base of mobile home 5. Five (5) year time limit; 6. This permit be issued to the applicant and is non-transferrable. Mr. Martin told the Commission told the Commission that they desired to put two trailers together so that they would have extra living and storage space. After a brief discussion, Mr. Rinehart moved approval with the following conditions: 1. County Building Official approval; 2. Minimum setback of 100 feet from Route 618; 3. Removal of as few trees as as necessary; 4. Skirting around mobile homes from ground level to base of mobile homes (both mobile homes) 5. Five (5) year time limit for both mobile homes; 6. This permit be issued to the applicant only and is non-transferrable. 7. Limited to the occupants of a single family 8. Maximum of 16' apart. Mr. Tinsley seconded the motion which carried unanimously. There being no further business,the meeting was adjourned. M