HomeMy WebLinkAboutOctober 1974October 7, 1974
The regular meeting of the Albemarle County Planning
Commission was held October 7, 1974, 7:30 p.m., at Piedmont
Virginia Community College, Charlottesville, Virginia.
Those members present were Mr. David Carr, Chairman;
Mr. Clifton McClure, Vice -Chairman; Mrs. Ellen Craddock; Mr.
Peter Easter; Mr. Wilbur Tinsley; Mr. Louis Staley; Mr. Jack
Rinehart; Dr. James Sams; Mr. Roy Barksdale.
Mr. Carr established that a quorum was present and
called the meeting to order.
ZMP-311. John M. Nokes has petitioned the Albemarle County
Board of Supervisors to rezone 13 acres from A-1 Agri-
cultural to R-3 Residential. Property is situated on
the north side of State Route 754 (Old Ivy Road). Property
is further described as County Tax Map 60, Parcel 52.
Jack Jouett Magisterial District.
Mr. Tucker gave the staff report and noted that the Compre-
hensive Plan calls for this to be a high density area of
15 dwelling units per acre. He stated that the school report
had been received since the staff report was written and that
the education department could handle the increase in the number
of students. Mr. Tucker further stated that the staff does not
feel that the applicant's justification for rezoning meets any
need at this particular time.
Mr. Perkins spoke for the applicant. He told the
Commission that the neighbors are in favor of this request.
He stated that the applicant intends to sell the property, and
already has a contract with Mr. Bill Heichman. Mr. Perkins
pointed out to the commission that the county is operating
under the existing Zoning Ordinance, not the proposed Zoning
Ordinance. He stated that it was prime property for R-3 use,
and that it is somewhat unusual for such unanimous support
from adjoining property owners.
Mr. Swain, Chemtron Corporation, objected to the request
due to the expected expansion of Chemtron by 100,000 square feet,
and the impact on traffic that this expansion would have.
Mrs. Fran Martin supported the staff's comments on the
matter.
The Public Hearing was closed.
Mr. Easter established that there are no future plans for
improvement of Route 754 and its "y" intersection at Rt. 250.
Mr. Rinehart, who lives approximately z mile from the
property in question stated that this property is extremely
convenient to the University and is within walking distance of
several jobs and shopping areas. He pointed that the develop-
ment in this area is not out of hand, and feels that R-3
zoning is right for the area. In fact, he stated that it
represented controlled growth to him.
Dr. Sams stated that he did not feel the staff's objection
is substantiated or confirmed, since it is related to the "Y"
intersection. He approved of the rezoning.
Mr. Carr stated that he did have some reservations, but
that the expansion of the 250 By-pass will provide some relief
from the traffic problem on Rt. 754. He noted his concern
that it was possible to have a density of 41 dwelling units
per acre, though he was in favor of rezoning the property.
Mrs. Craddock stated that she wished the applicant would
consider an R-2 rezoning.
Mr. Tucker at this point explained that R-2 zoning
is designed for townhouses, which have a density of 6 dwelling
units per acre.
Though he is concerned about the traffic situation and
the intersection involved , he will support the request.
Dr. Sams moved approval; Mr. Rinehart seconded.
Mrs. Craddock withdrew from the voting. The vote was 7-1
in favor.
ZMP-312. Eloise A. Yancey has petitioned the Albemarle County
Board of Supervisors to rezone 1.77 acres from R-3 Residential
to B-1 Business. Property is situated on the north side
of State Route 250West, about z mile west of Brownsville.
Property is further described as County Tax Map 56, Parcel
17B. (part thereof). White Hall Magisterial District.
Mr. Tucker gave the staff report and stated that there is
an existing water line that runs in front of this property.
Mr. Joel Cochran represented Mr. Yancey and explained that
the Yancey family has all sewer connections, excepting the 18 which are
allotted for the new school - the Yancey's paid of half this sewer
line.
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The public hearing was closed.
Mr. Tucker gave Mrs. Craddock a quick picture of the B-1
zoning down 250 west from Henley School to the blinker light.
Mr. Rinehart noted that this represented the 20 sprawl
that had happened in the city of Charlottesville. He stated
that there is a need for another shopping center in the area,
but felt it should be at the blinker light intersection, though
he did not feel as though the Yancy property was the appropriate
place.
Mr. Tinsley moved approval; Mr. Barksdale seconded the
motion which carried unanimously.
SP-412. Woodlake Corporation has petitioned the Albemarle
County Board of Supervisors to locate an office and/or
nursery school and day care center on 0.67 acres zoned
A-1 Agricultural (Planned Community), thereby amending
CU-111 Four Seasons. Property is situated on the south
side of the intersection of Four Seasons Drive and
Lakeview Drive. Property is further described as County
Tax Map 61X(1),,Parcels 5, AA7, and AA8. Charlottesville
Magisterial District.
Mr. Tucker gave the staff report.
Mr. Hal Bowen, representing Mr. Conner, stated that he
felt a 20 student limitation was unreasonable and asked that this
stipulation be left to the discretion of the Health Department,
Fire Marshal, etc.
Mr. Rinehart moved approval for 3 years with administrative
approval every 3 years after the initial period.
Mr. Bowen pointed out that with this sort of conditional
approval, financing could be a problem.
The public hearing was closed.
Mr. Easter suggested that the guideline for enrollment be
15 children per 1000 square feet.
Dr. Sams stated that he did not recall ever having specified
maximum capacities for a building.
At this point, the Commission was informed that the property
was being sold to Mr. Conner.
MEAN
Mr. Carr asked who would maintain the property if it were
sold --he had been under the impression that Four Seasons would
lease the property to Mr. Conner and that Four Seasons would be
responsibel for maintenance. He also inquired if the residents
of Four Seasons were aware of the fact that this would no longer
be controlled by Four Seasons.
Mr. Bowen stated that he had made individuals aware, but
he was not certain if ALL residents were aware.
In light of the new information, Mr. Rinehart amended his
motion to read approval with the following conditions:
1. Administrative approval of site plan;
2. Limit enrollment to 15 children/1000 sq. ft.;
3. Provision of children's play area with equipment;
4. Play area to be fenced in from other activities;
5. Limit of one sign on property with a maximum area of
four (4) square feet;
6. The parcels involved are A, 8, & 7; and
7. At the end of 5 years the applicant must get administrative
approval for an additional 5 years.
Mrs. Craddock seconded the motion which carried unanimously.
The Commission was reminded that this is not a special
use permit, rather an amendment to CU-111, and the Commission
will recommend that this be transferable if the property is sold.
SP-413. Rivanna Water and Sewer Authority has petitioned
the Albemarle County Board of Supervisors to locate the
Powell Creek interceptor on land zoned A-1 Agricultural
(Planned Community). Property extends along Powell Creek
from the Hollymead Planned Community in a southerly
direction to the South Fork Rivanna River. Property is
further described as County Tax Map 46, Parcels 21, 22, 22A,
26B, 27, 29, 29B, 35, 44, 44A, 44B, 56A, 97, 98, 98B,
99, 101, 106, and 107. Charlottesville, Magisterial District.
AND
SP-414. Rivanna Water and Sewer Authority has petitioned
the Albemarle County Board of Supervisors to locate the
South Rivanna-Woodbrook Sewerage Facilities on land zoned
A-1 Agricultural, R-1, R-2, and R-3 Residential. Property
is situated on the east side of Route 29 Norht, and west
side of the Southern Railway, extending from a pumping
station east of Carrsbrook near the South Fork Rivanna
River in a westerly and south-westerly direction to the
Woodbrook Lagoon, then southerly to an existing manhole
just south of State Route 631 (Rio Road). Property is
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described as County Tax Map 45B(1), Block B, Lot 3;
Block B, Lot 5: Block B, Lot 6; Block C, Lot 9; Block C,
Lot 10; County Tax Map 45B(2), Block C, Lot 11; Block C, Lot 12;
Parcel 1; County Tax Map 45C, Parcel A, Parcel B,
County Tax Map 45C, Section 4, Block J, Lot 9; Block J,
Lot 10; Block J, Lot 11, Block J, Lot 12; Block J, Lot
13; Section 5, Block J, Lot 14; Block J, Lot 15A;
Block J, Lot 16A, Block J, Lot 17A; Section 7, Block J,
Lot 20; Block J, Lot 21; Block J, Lot 22; Block J, Lot 23;
Bloxk j, Lot 24A; Block J, Lot 25A; Block J, Lot 26;
County Tax Map 46, Parcel 21; County Tax Map 61, Parcels
124A, 124D, 124E, 125, 127, 128, 129, 129A. Charlottesville
Magisterial District.
Mr. Tucker gave the staff reports and suggested that if
the permits were approved that they be approved with the following
conditions:
1. Re -seeding of all disturbed areas after placement of the
lines..
2. Grading permit obtained from the Planning and Zoning
Office.
Dr. Bellman wanted to know location of the sewer line
along the back of the Woodbrook property.
Jeff Pink questioned if the manholes were going to fit
flush with the ground.
Mr. Rinehart asked what provisions against flooding getting
into the system had been provided.
Mr. George Williams told Mr. Rinehart that in the critical
areas water -tight , water -proof manholes had been provided; those
not in the critical areas, simply are raised above the ground.
Mrs. Acree, an adjoining property owner,was concerned about
the notification that property owners would be given about
workmen on the property.
Mr. Marshall, an attorney for Rivanna Water and Sewer,
told her that a negotiator would be in contact with all property
owners.
Mr. Carr was informed that the time schedule would be
approximatley one year.
The public hearing was closed.
Mr. Carr told the Commission that motions should be
made on the special use permits individually.
Mr. Tinsley moved approval of SP-413, with Dr. Sams
seconding the motion, which passed unanimously with the following
I.
conditions:
1. Re -seeding of all disturbed areas after placement
of the lines.
2. Grading permit obtained from the Planning and Zoning
Office.
Mr. Easter moved approval of SP-414 with the same conditions;
Mr. Tinsley seconded the motion which carried unanimously.
SP-415. T. E. Worrell has petitioned the Albemarle County
Board of Supervisors to locate business executive offices
on 25 acres zoned A-1 Agricultural. Property is situated
on the west side of State Route 743. Property is further
described as County Tax Map 45, Parcels 44B, part thereof,
and 44. Charlottesville Magisterial District.
Mr. Rinehart disqualified himself from the discussion and
the voting by leaving the room.
Mr. Tucker gave the staff report.
Mr. Payne, assistant County Attorney, advised the Commission
that the applicant wanted to know the feelings of the Commission
on this special use permit with the only change being 119 acres
rather than 25 acres. He stated that approval of the 119 acres
without a public hearing would be lawful from the the standpoint
of the County Attorney's office.
Mr. Wood stated that the Commission could amend this
special permit to read at least 100 acres, which would make it
more restrictive, this lawful.
Mr. Evans explained the change in the acreage and noted
that a site plan had been submitted and proper legal advertisement
for the change in acreage would appear, since it was presently being
processed.
Mrs. Fran Martin asked that it be specified in the conditions
that this special use permit be transferable only to Worrell
Newspapers, Inc.
Mrs. Craddock moved approval with the following conditions:
1. Only the main structure shall be used for executive offices
and any addition to this structure for office purposes
shall requre an additional special use permit;
2. Any office use on this property shall be limited to that
outlined in Section 16-14.1, the definition for Business
Executive Office;
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3. Preservation and maintenance of all vegetation on the
property;
4. Administrative approval of a site plan for the office
building to insure adequate provisions of parking;
5. Assurance that deed restrictions will pose no conflict
for this property to be used as an executive office;
6. Additional acreage approved as required by Section
2-1-25(24.1) of Albemarle County Zoning Ordinance;
7. Permit transferable only to Worrell Newspapers, Inc.
The motion, which carried unanimously, was seconded by
Mr. Easter.
SP-416. Mrs. Alice C. Fray Quarterman 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 south side of State Route 600, and the
east side of State Route 684 near Stony Point. Property
is further described as County Tax Map 47, Parcel 56,
Rivanna Magisterial District.
Mr. Tucker gave the staff report.
Mrs. Quarterman told the Commission that she owned the
property, and that approximately thirty years ago that the permanent
residence of her parents had been on that property. It is now
her desire to place a mobile home on the property, in order that
she can live there.
Mr. Dezio, a Charlottesville attorney, represented several
members of the community: Henry Cropp, Mr. and Mrs. Charles Kovacs,
Mr. and Mrs. Peter Davidson, Nelson McDaniel, Charlie Taylor,
and Elwood Hall. He pointed out to the Commission that this
particular part of Stony Point area is single-family dwellinqs.
He noted that the use is all residential except for the school and
what used to be the Stony Point store, no longer in business.
No mobile homes are in the immediate area. The property owners
feel that land values will be affected if a mobile home is put in
this community, and they feel it will set a precedent in the area.
Furthermore, it would be difficult to completely screen the mobile
home from State Route 600.
Mr. Rinehart asked the location of the Ruritan Club to this
property.
ME
The public hearing was closed.
Mr. Rinehart noted the small narrow lots in the area, and
stated that if this permit were approved, the precedent would be
set and the character of the area could be changed.
Mr. Tinsley stated that he, too, hesitated to approve this
request, since the immediated area is permanent type homes.
Mrs. Craddock stated that in view of other opposition and
in view of the fact that the mobile home would be clearly visible
for many years to come, since the land is cleared, she would also
be against approval.
Dr. Sams moved denial; Mr. Tinsley seconded; the vote
was unanimously against approval.
SP-417. Julius L., Jr., and Joyce T. Lively have petitioned
the Albemarle County Board of Supervisors to locate a two-
family dwelling on 240.62 acres zoned A-1 Agricultural.
Property is situated on the north side of State Route 53,
about 1 mile east of its intersection with State Route 729.
Property is further described as County Tax Map 93, Parcels
54, 54A, and 54B. Rivanna Magisterial District.
In the staff report, Mr. Tucker told the Commission that the
applicant is in the process of building a single-family home with
an apartment attached to the main structure by a breezeway, seven
feet to the rear. The apartment is to be occupied by the mother-
in-law of the applicant and will not be rented.
Mr. Michie, represented the applicant. He stated that they
considered this to be a single-family dwelling.
Mr. Rinehart asked what kind of precedent was being set
in the area.
The public hearing was closed.
Dr. Sams, because of the large acreage and because it is
within the limits of designated village cluster, moved for approval,
with the staff's recommended conditions.
Mrs. Craddock seconded the motion, which carried unanimously.
The approval was conditioned upon the following:
1. Only a lineal relative of the applicant shall be
permitted to reside in the apartment;
2. If anyone besides a lineal relative is to occupy this
apartment, a new special permit must be obtained; and
3. The apartment is not to be rented.
PLATS:
Claude Cotten - 4 lots situated on Route 20 North
Mr. Tucker told the Commission that this is a request
for an easement over 4 lots and for a waiver of the 25' dedication
on St. Rt. 20. He noted that there are 2 existing residences
and the acreage is approximatley 8.01 acres. All lots have
been approved by the Health Department.
Mr. Rinehart stated that in order of have a 2-acre
minimum and to subdivide, he would have to give up 25' from the
center of the road and he wants a waiver from giving that up OR
letting lots be less, thus having 3 lots.
Mr. Tucker told him this was correct.
Mr. Rinehart siad he would be inclined to maintain this
frontage and have the lots be non -conforming as to size.
Mr. Tucker siad 25' was dedicated to public use.
Mr. Carr pointed out that this dedication would allow for
road expansion and the state would not have to acquire this segment,
and asked the Commission to consider the non -conforming size which
would be approximately 1.9 acres.
Mr. Cotten stated that the reason for this request is
financing problem and the fact that a recommendation was made to
divide the property into 4 pieces. Furthermore, a condemnation
proceeding has been filed against this property before this
right-of-way. He said that it was immaterial whether it was
waived or dedicated to state.
EM
October 21, 1974
This was a regular meeting of the Albemarle County Planning Commission held
on October 21, 1974, 7:30 p.m. at Piedmont Virginia Community College, Charlottesville,
Virginia.
Those members present were Mr. Carr, Chairman; Mr. McClure, Vice Chairman;
Mr. Barksdale; Mrs. Craddock; Mr. Tinsley; Mr. Rinehart; Mr. Easter; Dr. Sams;
Mr. Staley; and Mr. Wood.
Mr. Carr established that a quorum was present and called the meeting to order.
SP-422. Bruce L. Browne has petitioned the Albemarle County Board of
Supervisors to amend the Hickory Ridge Planned Community. This property
is located on the north side of Route 665. The property is further described
as County Tax Map 30, Parcel 37. White Hall Magisterial District.
The staff report was presented and two changes were requested.
Mr. Rinehart questioned condition #1--that membership to the barn and stable
facilities are for the exclusive use of the residents of Hickory Ridge Planned
Community --stating that original approval did not speak to membership of stable
facilities.
At this point the meeting was opened to public hearing.
Max Evans, landscape architect, speaking for Hickory Ridge Planned Community,
stated that through the Interstate Sales Act that HUD requires facilities that are
built to be turned over to the homeowners after the second lot is sold, which makes
maintenance impossible.
Mrs. Craddock spoke of removing 5 acres of open space.
Mr. Rinehart stated that it was not fair to require Mr. Browne to operate stable
for two households, but stable may in future serve whole community, not just the
homeowners. He suggested that Mr. Browne have appraisal made of facility within
one year and offer to homeowners right to purchase property and improvements with
cost of living increase.
Mr. Carr suggested owner have independent appraisal made by 3 people at price
of the time and give a fair market value.
Mr. McClure stated that homeowners owned it before, and now they would have
to buy it back.
Max Evans said that prices of lots will decrease, not paying for price of
stables.
The commission decided to defer the matter on the following conditions:
1. Know more about what HUD did say;
2. Follow up on Mr. McClure's point;
3. Follow up on County Attorney's point to check new homeowner's documents.
Mr. McClure presented a new option --to buy back running from present owner to
homeowners.
SP-425. Eugene R. Clothier has petitioned the Albemarle County Board of
Supervisors to locate Veterinary Hospital and Clinic on 3.01 acres zoned
B-1 Business. Property is located on Route 631 (Rio Road) near the Southern
Railroad. Property is further described as County Tax Map 61, Parcels 154(c)
and 154(d). Rivanna Magisterial District.
The staff report was presented.
Mr. Martin, the attorney for Mr. Clothier objected to condition #6--he said
that Mr. Clothier did wish to board animals.
Mr. McClure moved to approve with staff conditions.
Mr. Rinehart seconded the motion, but the Commission decided to make the
approval subject to the following amended conditioned:
1. Health Department approval;
2. Site Plan approval;
3. Adequate tree buffer from any adjacent residence;
4. Removal of all existing accessory buildings and equipment from veterinary
building site;
5. Treatment of small animal only;
6. All animal runs to be enclosed within the building;
7. Animals may be boarded on premises, but must adhere to condition #6;
8. Soundproofing of facility in site plan approval, meaning no internal
sound at 100' away from exterior wall of building.
P-429. T. E. Worrell withdrew his petition.
Amendment to the Albemarle County Zoning Ordinance by revising sections 11-7-7(27)
11-7-7(28), 11-7-7(32), and 11-7-7(38) of the off-street parking provisions:
Ilf
Qcc
Mrs. Craddock moved this be approved; Dr. Sams seconded the motion, which
passed unanimously.
Amend Sections 7-7-1; 8-2-1; and 9-2-1; of the Albemarle County Zoning
Ordinance to provide for administrative approval of certain site plans:
It was moved and seconded that this be approved with the Zoning Administrator
and not the Director of Planning.
Amend Section 2 of the Albemarle County Subdivision and Development Ordinance
by the addition of Section 2-7 for the purpose of providing for administrative
approval of certain subdivision plats by the agent for the Planning Commission:
The Commission unanimously approved this.
The Milk Stop site plan --Greenbrier Drive:
Mr. Easter disqualified himself from this item and left the room.
Mrs. Scala presented the site plan to the Commission and explained the plan.
Question of stacking of cars arose and was posed to Mr. Martin, the developer, who
stated that this would be a quick service, drive -through operation.
Mr. Rinehart asked if the traffic into the establishment could be reversed.
The developer stated that they had considered this, but felt this was the best
approach. The commission requested the applicant to take another look at the
plan and it be heard at the next possible meeting.
Mr. McClure made the motion and it was seconded by Mr. Barksdale that the plan
be deferred. The motion carried unanimously.
Fifth Street Convenience Store site plan --Stagecoach Road:
Mr. McClure disqualified himself from this item and left the room.
Mrs. Scala presented the site plan to the commission. She stated that this
will be served by individual well and septic tank.
Mr. Tom Wyant represented the applicant and stated applicant was receptive to a
conditional approval.
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Questions were posed by Mr. Rinehart concerning the entrance onto Mountain -
wood Road. Mr. Wyant stated that he was receptive to whatever the staff or Commission
recommended.
The landscape plan was approved in principle and the types of landscaping
must be stipulated prior to a building permit being issued.
Mr. Rinehart recommended approval and Mrs. Craddock seconded. The motion
carried unanimously with the condition of the county engineer and highway department
final approval.
West Woods Subdivision--4 lots on Rt. 677:
The Commission reviewed part of the history of West Woods subdivision plat.
A representative from Double C Corporation stated that a well was drilled
400 feet and tested for four (4) hours with 30 gallons per minute.
Mr. Richardson stated that he felt that to allow this subdivision would be
a disservice to the surrounding community.
Mr. Rinehart recommended approval and Dr. Sams seconded the motion with
health department approval and entrances into lots 3 & 49 from Stonington Road.
The motion carried unanimously.
C. W. Phillips Subdivision--3 lots on Rt. 621:
Mr. McClure recommended approval; seconded by Dr. Sams. Motion carried
unanimously.
Mountain Subdivision:
This property is located near New Town. Mr. Barksdale recommended approval,
Dr. Sams seconded with health department approval. It was approved unanimously.
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Ivy Tennis Shop site plan:
They are located in a former residence.
Mr. Rinehart motioned for approval, seconded by Mrs. Craddock. It carried
unanimously.
Carter Graves, Jr., subdivision:
Mr. Rinehart recommended approval; Mr. Easter seconded the motion, which
carried unanimously.
Preliminary subdivision plat fee schedule:
The Planning Commission was receptive to the staff's proposal for a change
in the preliminary subdivision fee schedule and directed the staff to schedule
public hearings on the matter.
old business:
Mrs. Craddock presented the proposal submitted by Mr. Bigelow for
Bigelow Advertising and discussion by the Commission members evolved.
Mr. Carr suggested that the Commission be sent a copy of Mr. Bigelow's
proposal and the Commission make a decision as to whether to hear the
Bigelow agency at their next Planning Commission meeting.
The meeting was then adjourned.
�Ihn L. Humphrey ecret ry