HomeMy WebLinkAboutJanuary 1973Page 766
January 8, 1973
This was a regular meeting of the Albemarle County Planning Commission held on
January 8, 1973, commencing at 7:30 p.m. in the County Court House.
Present were Dr. Avery Catlin, Chairman; M. Clifton McClure, Vice -Chairman; and
Messrs. David Carr, William Roudabush, Wilbur Tinsley, Jack Rinehart, and Mrs.
Craddock. Also attending were Messrs. Lloyd Wood and Gerald Fisher and Miss Mary
Joy White.
The Chairman called the meeting to order and established that a quorum was present.
At this time the Chairman called for the scheduled public hearings.
Z. ZMP-257. Robert L. McCauZey has petitioned the Board of Supervisors to rezone
2.0 acres from A-Z AgricuZturaZ to RS-Z ResidentiaZ. Property is on Route 665
in the area of Free Union. Property is described as County Tax Map 29, ParceZ 35B.
White HaZZ MagisteriaZ District.
Mr. Humphrey presented the staff report indicating staff recommendation of denial.
Mr. Aubrey Huffman, representing the applicant, stated that the request for the
RS-1 zoning was to correct a non -conforming use of the property and to permit the
deeding off to members of the family certain lands which presently contains one
dwelling. There exists on the property two dwellings. In effect, the request is to
permit the division of two acres into two parcels of one acre, each acre having one
existing dwelling. The homes have been there for approximately eight years. There will
be a need for a 20 foot easement to serve the back lot, if this request is granted.
No one appeared in opposition to the request.
The public hearing was closed, after which Dr. Catlin stated he had deep sympathy
for the request but it bothers him that zoning should be used to correct this situation.
In some ways, if granted, would lead us to problems in the future relative to other
requests. Mr. Humphrey was questioned as to possible other measures to accomodate the
request other than zoning. Mr. Humphrey stated that no other methods were presently
available.
Mr. McClure questioned whether there were provisions for waiving the requirements.
Page 767
Mr. Humphrey stated no. Only the Board of Zoning Appeals has the authority to
grant variances, however, the law does not permit the Board to legislate,
which they would be doing if they were permitted to reduce the lot size (directly).
Mr. Roudabush questioned whether the provisions of the subdivision ordinance,
relative to waiver could be improved. Mr. Humphrey stated that in his opinion, it could
not, since lot sizes are determined by zoning.
used.
Mr. Tinsley questioned whether the mobile home permit which was granted would be
Mr. Carr felt it should not be revoked. He also stated that the question is do
we recognize what exits on the property. He did not necessarily agree using zoning
to recognize it for reasons already stated.
After the completion of the discussion, Mr. Carr motioned to approve the request
and that we not require a 50 ft. right-of-way at the time of the subdivision with
restriction of the right-of-way to the lots of this subdivision.
At this time, Mrs. Craddock and Mr. Rinehart questioned whether this request
could be delayed until provisions were made to accomodate such problems, without
zoning. The applicants stated they could not wait.
With reference to voiding of the MHP, Mr. McCauley agreed to see that it was
accomplished.
The chairman stated that there was a motion to grant, made by Mr. Carr. Mr. Rine-
hart then seconded the motion to grant the request, which was adopted by the unanimous
vote of the members present.
2. ZMP-858. Octave 0. Jones has p6titioned the Board of Supervisors to rezone
5.Z2 acres from A-Z AgricuZturaZ to RS-Z Residential. Property is situated
on the east side of State Route 795, near BZenheim. Property is described as
County Tax Map Z03, Parcel 3-, Scottsville Magisterial District.
Mr. Humphrey presented the staff report recommending denial on the basis of non-
compliance with the comprehensive plan and the suitability of the land based on a
soil survey, indicating severe limitations for use of septic tank systems. Mr ago
Humphrey presented the conclusion of that soil survey.
Page 768
Mr. David Wood, attorney, representing Mr. Jones presented the
petition, stating the desires of the applicant who wishes to retire in Albemarle County.
One home exists on the property. He reported that the Health Department had viewed
the site and they had assured Mr. Wood that a total of three septic systems would be
provided for. The applicant desires to provide for three lots where three homes will
exist and be occupied by relatives.
No one appeared in opposition.
Mrs. Craddock asked about the existing dwelling, relative to septic tanks. Mr.
Wood stated it was being installed in the front yard.
Mr. Rinehart felt that an advantage was being made based on a special exception
relative to the R-1 zoning and our reasoning for granting it. Dr. Catlin stated that
the R-1 zoning should not have any bearing on this request.
Mrs. Craddock motioned to deny the request on the basis of poor land relative
to septic tank systems and non-compliance with the adopted Comprehensive Plan. Mr.
�.✓ Roudabush seconded the motion stating that he did so on the basis of mobile homes being
required to have 2 acres and that additional acreage is available to obtain the two
acre minimum. There was no hardship in his opinion. The motion carried by the unanimous
vote of those members present.
3. ZMP-259. Certified Welding Service has petitioned the Board of Supervisors
to rezone a parceZ of Zand described as County Tax Map 90, ParceZ 35Q from
A-Z AgricuZturaZ to M-Z IndustriaZ. This parceZ is Zocated on Roue 742 south
of CharZottesviZZe, ScottsviZZe MagisteriaZ District.
Mr. Humphrey presented the staff report recommending approval of the request
having found the petition in compliance with the adopted plan and board policy relative
to uses in the area.
Mr. Birckhead, representing Certified Welding appeared to present the petition.
He stated that most of the work was done off site (80%). Do not work on site during
rainy days. On site welding would be done inside.
No one appeared in oppositon.
Page 769
After the conclusion of the hearing, Mr. Carr motioned for approval
of the request, seconded by Mr. McClure and was approved unanimously by those
members present.
4. SP-228. Michie Tavern Corporation has petitioned the Board of Supervisors
to aZZow a gift, craft, and antique shops on Zand zoned A-Z AgricuZturaZ
containing 2.27 acres. Property is situated on Route 53 adjacent to
"Michie Tavern". Property ie described as County Tax Map 77, Deed Book
344, Page 494 and Deed Book 304, Page 577, ScottsviZZe MagisteriaZ District.
Mr. Humphrey presented the staff report stating that the site plan had been
found proper with one exception. That being further study of the entrance from Route
53 by the Highway Department. The staff was of the opinionthat the proposed one was
reasonably compatible with uses in the area. The staff also suggested conditons if
the request is approved.
Mr. Henry Browne, architect, representing Michie Tavern and Mr. Joseph Conte
presented the petition, stating that it was the intent to provide the steps necessary
to comply with the Historic zone as it is now proposed, having viewed the -proposal.
No sales would take place in the individual craft shops. It would be highly educa-
tional. Nelson Crimes appeared to obtain information on a 25 foot easement that he
felt was still in existance between Michie Tavern and the existing structure ( old
police building). Mr. Browne -,indicated no knowledge of this easement. The Commission
indicated to the gentlemen that any legal right he may have could not be removed by
any action of the Commission.
Public heating was closed at this time by the chairman.
The planner was questioned by the commission whether or not the proposal had been
viewed by the hidtoric landmark commission. It had not. It was noted by Mr. Brown
that "Michie Tavern" was not on the register of Historic Landmarks.
Discussion by the planner and commission was held on architectural review.
Mr. Carr stated his respect for the architect and Michie Tavern, but had
reservations about the commercialization of Route 53 to Monticello. In his judgment,
the entrance to Monticello and Michie Tavern must be improved and preserved. He
thought more than this was needed to consider the matter.
Page 770
Mr. Rinehart felt the proposal could be compatible if handled properly. He
felt that an architectural review board should be formed.
Dr. Catlin was of the same opinion and tended to be in favor of the proposal.
He felt that more time was needed to evaulate the proposal.
Mr. McChre motioned to defer action until January 22, 1973 to provide time to
meet with the petitioners and discuss the matter further. The motion was seconded by
Mr. Rinehart and approved by the unanimous vote of those members present. (The Commission
is to meet with the applicant on Wednesday, January 17, 1973, at 12:30 p.m.)
5. SP-230. Wharton C. Herndon has petitioned the Board of Supervisors to Zocate
a permanent mobiZe home on Z87.5 acres zoned A-Z AgricuZturaZ. Property is
situated west of Route 7Z2 at North Garden, just east of Southern Railroad.
Property is described as County Tax Map 99, ParceZ 36 (pt. thereof). SamueZ
MiZZer District.
The staff presented its report after which Mr. Herndon stated that a three year
temporary permit was ameniable to him since he desires to build a standard dwelling.
The public hearing being concluded, Mr. Roudabush motioned for approval of the
r� request for a temporary permit for 3 years subject to Health Department approval of
water supply and a septic tank system, and a setback from Route 712 satisfactory
to the staff, with a 100 ft. as a guideline. The motion was seconded by Mr. Rinehart
and was approved by the unanimous vote of those members present.
0• SP-23Z. I. J. Breeden has petitioned the Board of Supervisors to place a
convenience food store (Grocery Store) on Zand containing 0.9 ages in the
"Southwood Mobile Home Park", on which a buiZding exists. Property is des-
cribed as County Tax Map 90A, ParceZ Z (part thereof) Scottsville MagisteriaZ
District.
The staff presented his report suggesting approval.
Mr. McClure at this time excused himself from discussion and voting on this
matter. No one appeared in opposidon.
Mr. Carr was concerned with approving the permit forever, and other owner-
ship which might create problems. He felt that if we grant, there ought to be
provisions for denying it later, or revoking it, if it became objectionable. A dis-
cussion was held on time periods relative to approval.
Page 771
Mr. Carr motioned approval of the petition for a period of 5 years subject to
administrative review annually thereafter, and is issued as an accessory use to the
mobile home operation only. Mr. Tinsley seconded the motion, which was approved unan-
imously by those members present.
7. Use Permit 72-OZ. Nan Therese RothweZZ has petitioned the Board of Supervisors
to amend ArticZe 2-Z-25 to provide for a new permitted use under the SpeciaZ
Permit provisions to be known as " Cottage Industry ". Said use being defined as
a form of Zight manufacturing Zimited to hand crafts produced by persons residing
on the premises and not more than 2 additionaZ apprentices, in connection with
which there may be an inventory of raw materials, work in process, and finished
produce upon the permises. No retaiZ sales shaZZ be upon the premises without
a speciaZ permit as provided in Section 2-Z-25(Z5) of this ordinance. The property
which has caused this appZication is described as County Tax Map 56, ParceZ 34,
White HaZZ MaigsteriaZ District. The use if approved, wouZd apply to aZZ
A-Z zones.
The petition was deferred until January 22, 1973 at the request of
the applicant's attorney because of not being able to attend the meeting because of
weather. The secretary notes that a Mr. Mallory and Mr. Baldwin did attend tonight's
meeting. Mr. E. C. Wingfield, attorney, was also in attendance representing the adja-
cent property owner.
8. Use Permit 72-02. Certified WeZding has petitioned the Board of Supervisors
of amend ArticZe 8-Z "Uses Permitted" in an "Industrial, Limited, District
M-Z to permit "WeZding and Machine Shops and related storage." The property
which has caused this petition is described as County Tax Map 90, ParceZ 35Q.
ScottsviZZe MagisteriaZ District. The use if approved wouZd appZy to aZZ M-Z
zones.
This petition could not be heard because of improper legal notification caused by the
local newspaper.
At this time the Chairman called for site plans and subdivision.
1. Brinnington Subdivision Preliminary - Mr. Morris Foster, surveyor presented the
plat indicating a division of land involving a request for a restricted road servicing
two lots.
Several persons appeared in opposition to the subdivision itself. However, it was
pointed out by the chairman and planner that the plat conformed to the requirements of
the ordinance. The only reason it was before the Commission was the desire to have
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a restricted road as required.
Page 772
The landowners in the area, represented by Mr. Ancona presented a statement
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relative to flood plain, traffic and the environment. Dr. �s stated that 20 to 30
landowners were opposed to this division of land.
The Commission received the comments from those in opposition and the chairman
reiterated the laws that govern subdivision of land.
Upon completion of the discussion, Mr. Carr motioned for approval of the preliminary
plat to be known as Brinnington containing 23 lots plus one subject to the following.
1. Perculation test on all lots.
2. Flood plain limits being established on the plat based on information
available.
3. Approval of the restricted road as indicated w serve lots 14, 15, 13 and 16.
Entrances to and from those lots are restricted to the restricted roads.
4. Twenty-five foot dedication from the center line of Route 678.
The motion was seconded by Mr. Roudabush and approved by the unanimous vote of those
members present.
Mrs. Craddock was of the opinion that the subdivision involved large flood plain on
several lots and questioned whether or not the approval could be deferred until flood
plain information was available from the Corp of Engineers for this area.
2. Marshall Manor - Preliminary - 87 acres on Route 20 South. This was a proposal
for a revision of land on Route 20 South which would result in an upgrading of lot size
from half acre lots to near an average of two acres. The plat also involved a request for
a restricted road to serve 3 lots.
Mr. Roudabush at this time excused himself from the Commission during the Commission's
discussion and action on this matter.
Upon motion by Mr. Rinehart, the preliminary plat as submitted was approved with
the restricted road as indicated subject to perculation test, statement with reference
to maintenance of restricted road being the obligation of the lot owner fronting on said
restricted road. The motion was seconded by Mr. Carr and approved by the unanimous vote
of those members present.
Page 773
3. Milton Hills - restricted road - deferred.
4. Bryant - plat restricted road
This'is a request for a restricted road to service two lots / kn as parcel B and
C on a plat prepared by Warren Wade, C.I.S dated 12-26-72.
This division of land and the restricted road was approved subject to the following
motion by and seconded by and n"1 ---A ,.... - iw .._7__ L__ —
members present.
al. Parcel B, C and D contains 2 acres minimum exclusive of the 50 ft. front r/w of
the restricted route.
b2. Dedication of the 50 ft. r/w
c3. Proper statement with reference to restricted r/w's as required by the
subdivision ordinance.
5. Stoneybrook - restricted road deferred
6. Wakefield Road - Vacation - deferred
There being no further business, the meeting was adjourned to January 14,
1973 at 7:30 p.m. to complete the agenda items not conclued.
Page 774
so
January 15, 1973
This was a regular meeting of the Albemarle County Planning
Commission held on January 15, 1973 at 7:30 p.m. in the Board Room
of the County Office Building.
Present were Messrs Avery Catlin, Chairman; M. Clifton McClure,
Vice -Chairman; David W. Carr, Wilbur C. Tinsley, M. Jack Rinehart,
Louis C. Staley, James Sams, William S. Roudabush and Mrs. Ellen B.
Craddock. Also attending were Mr. Lloyd Wood and Mr. Gerald Fisher,
County Supervisors.
The meeting was called to order and a quorum was established.
1. Use Permit 72-01. Nan Therese Rothwell has requested that a
new use, "Cottage Industry" be incorporated in the Zoning
Ordinance under the A-1 Zoning category. This application was
deferred from January 8, 1973 meeting.
Mr. Humphrey presented the application to the Planning Commission
and gave the following definition of "Cottage Industry": a form of
light manufacturing limited to hand crafts produced by persons residing
on the premises and not more than 2 additional apprentices, in connection
with which there may be an inventory of raw materials, work in process,
and finished product upon the premises. No retail sales shall be made
upon the premises without a special permit as provided in Section
2-1-25(15) of this ordinance.
Mr. Humphrey pointed out to the Commission that this category
would be different from the "Home Occupation" category in that hired
helpers would be permitted on the premises and stock and trade would be
allowed.
Dr. Catlin questioned whether this would mean storing of materials
outside the building. He was informed that it would not.
There was some discussion about the definition of a home occupation,
in which Mr. Forbes Reback was of the opinion that a home occupation
would be limited to doctors, lawyers, draftsmen, etc..
Mr. Roudabush questioned whether this application was for approval
of a Special Permit also. Dr. Catlin asked if retail sales were part of
the request. Mr. Reback informed the Commission that their request at this
time was just to add "Cottage Industry" to the A-1 zone. He further
Page 775
stated no retail sales would be conducted on the property until such
time as a Special Use Permit could be obtained. 'lot)
Mr. Rinehart asked if supplies would be concealed. There was some
discussion about whether materials should be screened from sight.
At this time, Mr. Frobes Reback, representing Mrs. Rothwell, spoke
to the Commission on this application. Mr. Reback said that up until the
last five years, handcrafts nearly died out. Recently young people have
become disenchanted with the "assembly line" and are trying to produce
things in their own homes as used to be the tradition. Mr. Reback felt
that this category was overlooked in 1968 when the Zoning Ordinance
was adopted. He said too, he would like to disassociate Mrs. Rothwell's
property from this application. He said their main interest was in
establishing this category in the Zoning Ordinance, then they would find
suitable property for the shop.
Mr. E. C. Wingfield, attorney, representing two property owners near
Mrs. Rothwell's property, said he was confused as to whether the appli-
cation was amending the Zoning Ordinance or permitting a Cottage Industry
on the Rothwell property. He stated that the letter he received appraree
to indicate a public hearing was being held to permit a cottage industry
on the Rothwell property. Dr. Catlin explained that this was an amendment
to the ordinance.
Mr. Carr also expressed confusion on whether this was an amend-
ment or a Special Use Permit.
Mr. Wingfield said his clients did not object to the zoning category,
just to the location of a cottage industry on Mrs. Rothwell's property.
Mr. Roudabush questioned whether the amendment had been legally
advertised. He was informed that it was.
Mrs. Charlotte Levenson spoke in favor of the amendment. Mrs. Ann
Staffer read a letter from Mrs. Wilma Bradbery, who could not attend the
meeting, urging the Planning Commission to recommend approval for Cottage
Industry.
At this time the public hearing was closed and Mr. Rinehart said
he was in favor of the request but felt that all raw materials and
other supplies should be screened from view of adjoining property owners.
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Page 776
Dr. Catlin agreed with Mr. Rinehart's philosophy but said that
since each case would be handled individually, restrictions could be
put on them at that time.
Mrs. Craddock wondered if they could specify screening at the
discretion of the Planning Commission. She also thought the number of
employees should be expanded to four people instead of two.
Mr. Tinsley suggested that Mr. Pickford, County Attorney, should
word the actual text of the new category.
Mr. Reback pointed out to the Commission that these two people,
may not be employees, but apprentices, just to learn the craft. He
urged the Commission to recommend approval.
Mr. Roudabush showed concern over adding a new category to the
Zoning Ordinance that might have loop -holes in it. For instance,
someone could say that rebuilding car engines in their home would be a
handcraft. Mr. Roudabush felt the ordinance should be tied to crafts
only, to eliminate this problem.
Dr. Sams was concerned with the phrase "people residing on the
property" since this could turn into a commune. He felt more specific
wording was needed. There was further discussion of this point, with
the Commission agreeing that a limit should be put on the number of
persons residing on the premises. There was also some discussion on the
screening of materials.
Dr. Catlin instructed Mr. Humphrey to work on setting a specific
number for the number of people to reside on the premises (the numbers
4 and 6 being given consideration) and bring this request back to the
Commission next Monday night for action. Mr. Humphrey was requested
to have a definition of handcrafts ready also.
Mr. McClure said that he felt that in the future, prior to its
being advertised, that amendments to the Zoning Ordinance should be
presented to them, so they would have a chance to discuss and familarize
themselves with the situation before having to deal with the public.
Mr. Carr was in agreement, saying that he was confused about this amend-
ment, -thinking it was a Special Use Permit. He felt that anytime a
change was being made to the Zoning Ordinance, the Commission should be
prepared.
Mr. Humphrey was instructed by the Chairman to schedule a meeting,
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Page 777•
prior to the public hearing, for any future zoning ordinance amendments.
91
2. The next item on the agenda, Stony Brook Subdivision, was
deferred until a later date.
3. Wakefield Road Vacation.
Mr. Humphrey presented a request to the Commission from Mr. Vaughn
Stewart and Mr. Paige Lynch to vacate a 50 ft. ROW between Wakefield
Road and Wakefield Court. These two property owners, one on each side
of the ROW, have maintained the land for 9 years, and since they have
been advised that a road will not be constructed there as planned, they
would like to acquire the land. Mr. Humphrey, speaking as a Planner,
said he could see good reasons for keeping the ROW and opening up a
road. He elaborated on the subdivision that have been approved by the
City which could utilize this road.
There was discussion on why the road was never built. Mr. Roudabusr
said Mr. Grover Forloines would have built the road, but that the
City would not approve it.
Mr. McClure agreed that this road would be a good connecting road
to funnel traffic onto Rio Road.
Mr. Lloyd Wood said this was an old problem. He said this road
should have been built from the beginning, that there was a lack of planning
by the County and City Planning Commissions and that there was no way a
road could be built now.
There was further comment on the fact that the City should have
solved this problem sometime ago.
Mr. Wood was of the opinion that they should go ahead and close this
road because of the existing situation and not let it happen again in
the future. He suggested that in the future the roads be built before
the people get there.
Dr. Catlin was of the opinion that it would be a mistake to close
a ROW that is needed and that may eventually be opened. Mr. McClure
said he thought this road would be a logical connection for Rio Road
area. He further stated the County is protected now by the bonding
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04
procedure for roads. Mr. Roudabush, too, felt the road should be opened.
Dr. Sams asked if the County might not rent this property to Mr.
Lynch and Mr. Stewart for $1.00 a year in order to give them some
protection, such as keeping children or other people off the property.
Mr. Carr made a/ motion that the ROW not be vacated, which was
seconded by Mr. Rinehart and carried unanimously.
4. SITE PLANS
(A) Transcontinental Gas Co. --Office Building
Lot 7, Blk. A, Sec. 1, Westfield.
Mr. Roudabush excused himself from discussion and voting on this
site plan and Scottsville Shopping Center Site Plan.
Mr. Humphrey presented the site plan stating that it had been
reviewed by the Site Plan Committee. The Planning staff recommended
approval subject to a sidewalk being built when Greenbrier Drive is
taken into the State system and a deceleration lane added when Peyton
Drive is added to the State system.
Mr. Carr was concerned with the bank or hillside on the property.
Mr. Humphrey stated that the report from the SCS said the slopes should
be seeded, fertilized, mulched, etc..
Dr. Sams made a motion for approval, seconded by Mr. Rinehart.
The motion carried unanimously.
(B) Scottsville Shopping Center, Route 726 and 6.
Mr. Humphrey presented the site plan stating that it had been
reviewed by the Site Plan Committee.
Dr. Catlin questioned whether all the entrances and exits shown on
the plan were actually necessary.
Mr. Roudabush, speaking from the floor, said that one entrance was
for service vehicles to reach the rear of the buildings.
Mr. Pace, representing the site plan, said they wanted their plans
to meet the highway standards, water and sewage standards. He said they
would have a temporary septic system until such time as public sewage would
be made available to them. Also he said there were three sections of
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Page 779
the shopping center that were not being developed yet.
A lady in the audience spoke against Mr. Pace usilig the corner of
the shopping center for a service station, which would be located across
the street from her home.
Dr. Catlin asked if development of the corner of the shopping
center would mean another entrance. Due to the terrain of the land,
another entrance would be required. Mr. Pace also said a traffic light
probably would be needed at the intersection of Routes 6 and 726 within
a short period of time.
Mr. Sample, another representative (from Stainback and Scribner)
of the shopping center, showed the site development plan, depicting
landscaping, etc.. He said some of the entrances could be eliminated.
Mrs. Craddock suggested that a stipulation be made to make the
entrance and exit in front of the bank, an "entrance only".
Dr. Catlin was of the opinion that two entrances should be closed.
Mr. Sample said he thought if they closed two entrances, they could
widen one of the remaining entrances.
The lady in opposition to a service station being located across
from her house asked why consideration had not been given her and her
neighbors. Mr. Pace told her he had been trying to think up something
else to go on that particular corner.
Mrs. Craddock questioned how much of the shopping center was parking
lot and thought that something should be done about the large paved
areas. Mr. Rinehart was of the opinion that the paving was broken up
quite well. Therefore, he made a motion that the site plan be approved
subject to (1) making entrance one-way into bank, (2) closing one
entrance, (3) temporarily closing another entrance until such time as
the corner area is developed. (The entrances involved were designated
on the site plan) . The motion was seconded by Dr. Sams and carried
unanimously.
S. Zoning Ordinance.
Mr. Humphrey informed the Commission that starting next Monday,
they could have work sessions on the Zoning Ordinance.
M
Page 780
Dr. Catlin said he was disturbed about some of the procedures
that came to his attention out around Free Union. He said he realized
a need for two -acre lot development, but felt that perhaps a true
agricultural zone should be maintained, consisting of 100 acre tracts,
more or less. Mr. Rinehart said he thought the biggest problem was the
lack of a land use tax.
Mr. Tinsley agreed with Dr. Catlin, that 100 acres would be
necessary in order to maintain real country living.
Mrs. Craddock said that no one has protection from subdivisions as
our present laws stand. Our bonafide, true farmers are being taxed off
their land and out of the County.
Mr. Roudabush agreed with Dr. Catlin, too, but he thought 10 acres
would be sufficient to keep country living.
Mr. McClure said he thought that according to the State Statute,
they could not limit more than 5 acres.
Mr. Carr questioned how this could be done. There was further
discussion with Mrs. Craddock stating that this would be like a
Green Belt Area, which most large cities have today.
Mr. Humphrey suggested that he have time to investigate to see what
the Commission could do as regards a true agricultural zone.
.There being no further business, the meeting was adjourned.
Secretary
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Pg. 781
January 22, 1973
A meeting was held by the Albemarle County Plann.;_ng Commission
on January 22, 1973 at 7:30 p.m. in Albemarle County Court House.
Present were Messrs. Avery Catlin, Chairman; M. Clifton Mc Clure,
Vice -Chairman; David W. Carr, M. Jack Rinehart, Jr., Wilbur C. Tinsley,
Louis C. Staley, James Sams, and Mrs. Ellen B. Craddock.
Mr. William S. Roudabush was absent.
Also attending were Mr. Lloyd Wood, Jr., County Supervisor,
and Mr. Gerald Fisher, County Supervisor.
The meeting was called to order by the Chairman and a quorum
was established.
The minutes of November 13, 27, 30, December 4, 11, and 18
were approved as submitted.
At this time the Chairman recognized Mr. John Humphry, County
Planner who presented the County School Board's proposed site
for the relocation of the Scottsville School. The site is located
approximately one mile north of the town of Scottsville on the
south side of Route 20 and contains 15 acres. The Planner reported
that 900 of the site was conducive to. the School development as
reported by the Soil Scientist, that the staffs review of the site
found the proposal in keeping with the adopted Comprehensive Plan.
Mr. Lloyd Wood, Board of Supervisors and member of the Site
Selection Committee for the School Board, reported on the Committees
efforts to find a suitable site. The proposal before the Commission
was the most suitable in the opinion of the Committee.
Upon completion of the discussion Mr. Tinsley made the following
motion which was seconded by Mr. Rinehart and approved unaminously
by those members present:
Whereas, there exists an immediate need to relocate the
present Scottsville elementary school out of the Flood
Plain of the James River; and
Whereas, funds to restore the existing facility could be
more appropriately applied to a new school; and
Whereas, the proposed school site has been reviewed for
compliance with the adopted comprehensive plan for Albemarle
County and found in keeping with said adopted plan,
Be it resolved: that the Albemarle County Planning Commission
approves the relocation as presented on Route 20.
Page 782
At this time the Chairman asked for further consideration of
Special Permit 228 in the name of "Michie Tavern Corporation."
A report of the members who visited the site was given to
the full commission by the individual members. There was some
disparity as to what would be sold at the general store and concern
that the facility not become a "honky tonk".
Mr. Catlin understood that the primary sales at the General
Store would be the wares of the individual Craft Shops with small
sales of other related material.
Mr. McClure had the impression that it would be the old
General Store atmosphere with a pot belly stove, hound dog, etc.
Mr. Tinsley was concerned as to what effect the facility
would have on Monticello.
Mr. Rinehart expanded on the need for architectural review
of the facility. Both the interior and exterior elements should
be reviewed for compliance with the period which it is to reflect.
After the discussion Mr. Carr motioned for deferral, said
motion was seconded by Mr. McClure with consideration being given
to the following points and said points being forward to Mr. Conte
and Mr. Brown, architects for comment: The motion and points of
concern were approved by the members of the Commission present:
1. Additional Site Plan detail with reference to interior and
exterior design and material.
2. Location, material and dimensions of signs.
3. Establish method and proceedure for the activity of the
Country Store.
4. Establishment of an ad for committee to provide continual
review of the facility for compliance with the activities
and structures of the 18th. century.
At this time the Chairman called for the continued Public
Hearing concerning Use Permit 72-01 in the name of Nan Therese
Rothwell.
The staff reported that the suggested amendments to the
original definitions of "Cottage Industries" had been included
1'-4--i V I C V V - cr+
in the current wording and had been � by the County Attorney.
Page 783
After a discussion Mrs. Craddock motioned for approval
of the revised amendment. The motion failed for lack of a
second.
Dr. Sams then noted that he was concerned and uneasy
about not limiting employees with reference to this new "use".
At this time Mr. Carr motioned not to adopt but to deferr
the proposal as submitted, but permit land owners to petition
the county for "Cottage Industries" under the existing "use
of Craft Shops" under a special permit. Mr. Carrs motion=
was seconded by Dr. Sams.
A short discussion followed regarding the deferral which
most members felt would allow time to weigh what might be
presented under the existing use ("craft shop") so as to
provide a more intelligent writ.ing of a "Cottage Industry"
use at a later date. At the conclusion of the discussion
Mr. Carrs motion, seconded by Dr. Sams was approved by a
6-2 vote.
At this time the Chairman recognized the County Planner
who introduced Mr. Keith Buttleman, Planning intern who
presented the "Historical District" of the proposed zoning
ordinance to the Planning Commission. Mr. Buttleman elabor-
ated on what work had been accomplished by the staff noting
communications had been made with property owners who might be
involved, legal review by the county attorney and possible
approaches in the establishment of such a zone.
The presentation of Mr. Buttleman having been concluded,
the Chairman opened the discussion to the zoning members in
general. It was the consenus of the Commission that the
next meeting and work session whould cover the intent of the
several zones as proposed.
Prior to the adjournment of the meeting, Mr. Gerald
Fisher asked the Commission to consider science easements
in their review of the zoning ordinance and its application
there of.
There being no furthur business the meeting was adjourned.
Secretary
Page 784
JANUARY 29, 1973
This was a work session of the Planning Commission held on January 29,
19731% 7:30 P.M. in the Board Room of the County Office Building.
Those present were: Messrs Avery Catlin, Chairman; M. Clifton
McClure, Vice-Chariman; David W. Carr, Wilbur C. Tinsley, M. Jack
Rinehart, Louis C. Staley, James Sams, and Mrs. Ellen B. Craddock. Also
in attendance were Mr. Lloyd Wood and Mr. Gerald Fisher, Supervisors.
Mr. William S. Roudabush, Jr. was absent.
The meeting was called to order and a quorum established.
At this time Dr. Catlin opened the meeting with a discussion of
SP-228, Michie Tavern.
1. SP-228 Michie Tavern Corporation has petitioned the Board of
Supervisors to allow gift, craft, and antique shops on land
zoned A-1 Agricultural containing 2.72 acres. Property is
situated on Route 53 adjacent to "Michie Tavern". Property
is described as County Tax Map 77, Deed Book 344, Page 494
and Deed Book 304, Page 577. Scottsville Magisterial. District.
This Special Permit application was deferred from January 22, 1973
meeting because of some questions the Commission -wished to ask Mr.
Conte, the major stockholder in Michie Tavern.
Mr. Rinehart was of the opinion that a review of written speci-
fications and working drawings would be in order.
Mr. McClure asked if it would be reasonable to require a Certificate
of Occupancy. He was informed that all buildings require one. Therefore,
Mr. Carr suggested that if these buildings were not constructed to
specifications that no Certificate of Occupancy be issued.
Mrs. Craddock wanted to know who would pass action on the matter of
documents and if at any time in the near future there would be an
Architectural Review Board to do this type of work. It was ascertained
that after the new zoning ordinance is approved, there will be such a
Board established.
Dr. Catlin stated though, that at the present time it would be the
responsibility of the Planning Commission to review specifications and
plans with the help of qualified architects, etc..
Mr. Rinehart felt that there should be something included about
the Certificate of Occupancy. After a short discussion it was decided
that the following should be added to Condition #8: Certificate of
Occupancy to be issued only when all conditions (1-10) have been met.
Page 785
(Conditions 1-10 are listed in corrected form on following page.)
Next there was discussion of Condition #9. Dr. Catlin emphasized.;
that he thought plastic tourist 'junk' should be prohibited from the
Country Store.
Mr. Conte assured the Commission that he had no intention of selling
plastic souvenir -junk. The items that he sold now and would sell in
the new store would all be useful items. His new store would conform as
close as possible to that of an 18th Century General Store. (He even
wanted an old hound dog lounging in front of a coal stove'.)
Mr. Carr asked Mr. Conte if someone had studied how much production
there is going to be from these shops and what percentage of the mer-
chandise in value would be in this store at any given time, and if he
had considered whether that production is going to be so costly that
people will not be able to afford the products. Mr. Conte said a
study had been conducted and he estimated that $121,000 would be their
total sales for the first year. This included $15,000 for sale of
antiques.
Mr. Carr said he wanted the shops to be productive so that they
will be everlasting and not deteriorate and he felt that the more ,
the shops could sell, the less junk would be put into the store.
Mr. Conte commented further on the productivity of each craft shop.
He stated that each shop should be able to producti$35 worth of mer-
chandise each day, multiplied by seven shops, and again by 250 days,
then a 50% markup, plus antiques and other items, when totaled would be
about $125,000 gross sales for the year. Mr. Conte said that 50% of the
items would be sold in the store and 50% sold through the store to other
outlets.
After some further discussion Dr. Catlin suggested that condition #9
read: Sales limited to those items produced in the craft shops plus items
or reproductions of items sold in an 18th Century General Store.
Mr. Rinehart was of the opiniona. that there were other items such as
post cards that should be permitted. Mr. Carr agreed that other small
items should be permitted, i.e., lifesavers, cigarettes, etc...
Mr. Rinehart suggested that perhaps it could be limited by saying
that 80 or 90% of the merchandise would have to be 18th Century items
and 10 or 20% of merchandise could be left to Mr. Conte's judgement.
It was noted too, that Mr. Conte would sell crackers, cheese, candy
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Page 786
and other rarer items such as roots and elm bark.
Dr. Sams was concerned about the fact that later these (crafts)
items might become available at a much cheaper price somewhere else;
therefore closing these craft shops. But Mr. Conte felt that people would
be willing to pay more for an item that was handmade at the place they
were purchasing it.
Mr. Carr questioned whether this Special Use Permit could be sold.
It was ascertained that since the application was made out in the name
of Michie Tavern, that the permit could be sold. Since Mr. Conte is the
major stockholder, Dr. Catlin suggested that the Special Permit be valid
only as long as Mr. Conte remains the major stockholder.
Mr. McClure suggested that a two-year review be placed on the permit.
Dr. Sams suggested that condition #9 read as follows: 500 of the
inventory value in the store be made in the craft shops. Mr. Carr
agreed since it would be easy to just check their inventory records.
...ere was more discussion on reviewing and renewing the permit. Mr.
Conte suggested every three years. Therefore Condition #10 reads:
Subject to review and renewal every three years.
Mrs. Craddock made a motion, seconded by Mr. Staley, to approve
SP-228 subject to the following conditions:
1. Health Department approval for proper sanitary facilities.
2. All structures are to be designed to fit into the 18th century
period.
3. No sale of any product within the individual craft shops.
Sales restricted to the building housing the country store.
4. No overhead utilities will be installed.
S. A deceleration lane be provided at the new entrance to the
satisfaction of the,Virginia Department of Highways.
6. All proposed exterior lighting to be shown and reviewed on site
plan.
7. No advertisements other than to locate entrances and to identify
the facility, limited to the minimum requirements of the A-1
Agricultural zone with reference to Business signs. All signs
are to be in character with the 18th century.
8. Approval conditioned upon review of contract documents (working
drawings and specifications) by the Planning Commission prior to
issuance of building permits for conformity with intent of this
facility in the proposed historic district. Certificate of
Occupancy to be issued only when all conditions (1-10) have
been met.
9. Fifty percent of the inventory value in the store be made in
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Page 787
the craft shops.
10. Subject to review and renewal every three years.
The motion for approval carried unanimously.
At this time the Commissioners turned their attention to the
Zoning Ordinance. Mr. Humphrey said he and his staff would like to have
about 1 1/2 weeks to compile a workbook in order to make their discussion
a lot easier to follow. He also informed the Commission that Loudoun
County does have a 10-acre zone on their books, but felt that there
would really have to be a bonafide reason for such in order for it to stand
up in court.
Dr. Catlin said he had been thinking about this 10-acre zone in
that they are trying to define agriculture and conservation. In the
proposed ordinance, under the Statement of Intent for Conservation Zone,
he did not feel that "those were natural scenic vistas are deserving
of preservation" went along with the other reasons for a conservation
zone. Also in his thoughts on the agricultural zone, he said he had
divided it onto two parts: a holding district, to hold Land for future
use, which is now being utilized; but he felt too, there is a need
for designating some land that will accommodate farming and country
living. Dr. Catlin thought a district of this kind would be something
that people would want and he presented a Statement of Intent to
describe the kind of zone he was speaking of:
"This district is designed to accommodate farming and country
living while maintaining a rural atmosphere and preserving natural
acenic vistas. It is the intent to discourage residential
development (or high -density residential) and to prohibit
commercial and industrial uses."
He said he had 10 acres in mind for this zone.
Mr. Humphrey agreed with Dr. Catlin that this would be an
improvement to their ordinance.
Mr. Gerald Fisher, County Supervisor, said this might be a zone
that could be tied to land use tax. There was discussion on whether
this would be a zone placed on property by the County officials or
whether it would be on a volunteer basis.
Mr. Carr felt that it would be a problem getting people to volunteer
for the zone. He said too, that you could create a 10 acre lot in the
Conservation zone.
Mrs. Craddock asked if agricultural zones were spread around in
Loudon County or if they were all in one area. She was informed that
they were spread throughout the Cunty.
Page 788
OR
Dr. Sams wondered if subdivisions had to be placed under the
Conservation zone. He thought they should be placed under a Special
Permit. Thereby, they could achieve their country living zone by
prohibiting subdivisions where they felt they would be out of character.
There was input from the Commissioners on a suitable place for
such a zone, and the fact that the two acre zone would still be required.
Mrs. Craddock was of the opinion that if there was some tax relief
for people that they would volunteer for this new zone.
Mr. Carr wanted to know how many 10-acre lots would have to be
put together to establish a zone like this. It was decided it would take
at least 15,000 acres.
Mr. McClure said that he thought this matter should be presented to
the Board of Supervisors for their thoughts before it was pursued
any farther.
At this time, Mr. Carr stated that it was unfortunate that the
Planning Commission meetings are no longer covered by the press.
He felt the public should know about this 10-acre lot so they could
express their views on it.
Mr. Humphrey said he was informed that the Daily Progress could
no longer pay for a night reporter. I
There was further discussion on the matter of publicity with Dr.
Catlin saying he would call Mr. Rooker of the Daily Progress to get
some coverage for the meetings and that he would talk to the Board
members individually to see how they felt about the 10-acre zone.
Mrs. Craddock asked if the new ordinance required larger setbacks
for houses. It was ascertained that 40 feet would be required. Dr.
Catlin asked the Commissioners to make notes of any questions they had
on the ordinance so they could all be discussed later when they get the
workbooks that the Planner's staff is preparing.
There being no further business, the meeting was adjourned.
ecretary
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