Loading...
HomeMy WebLinkAboutMarch 1973Page ' MARCH 5, 1973 This was a regular meeting of the Albemarle County Planning Sommission held on March 5, 1973, at 7:30 P.M. in the County Courthouse. Those 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 and Mrs. Ellen B. Craddock. Also attending were Mr. Lloyd F. Wood, and Mr. Gerald Fisher, County Supervisors and Miss Mary Joy White, Assistant to the County Planner. Mr. William S. Roudabush, Jr. was absent. The meeting was called to order and a Quorum established. The minutes of January 8, 15, 22 and 29, 1973 were presented for approval. Mrs. Craddock noted the following corrections to the minutes of January 8: ✓ 1. p. 767, para. 4 add ", only-,, to the end of the paragraph. 2. p. 769, para, 4 change the name "Mr. Nelson Grimes to Mr. Nelson Brown". 3. p. 769, para. 6, should read "The planner was Questioned by the Commission as to whether". 4. p. 772, para. 1, Dr. Nickols should be spelled "Dr. Nicoll's". S. p. 772, Item 2, Marshall Manor, First sentence should read: "This was a proposal for a redivision" instead of revision. 6. p. 773, para. 2, line 2, should read "motion by Mr. Roudabush and seconded by Mr. McClure and approved unanimously by those members present." Therefore, the minutes of January 8, 1973, were approved with the above corrections. The minutes of January 15, 22, and 29 were approved as submitted. At this time Dr. Catlin called for the scheduled public hearings. Dr. Catlin informed the Commissioners that this would be a long meeting as there were 18 public hearings scheduled. He, therefore, Page recommended that unless a quick decision could be reached on the individual petitions that they defer the items until the next regular *40 meeting. 1. ZMP-260. Joel M. Cochran, Inc. has petitioned the Board of Supervisors to rezone 2.62 acres from RS-1 Residential to A-1 Agricultural. Property is situated on Route 250 W.near its intersection with Route 240 at Brownsville. Property is described as Tax Map 56, Parcel 34. White Hall Magisterial District. The petition was presented by Mr. Humphrey and he noted that the Planning staff did recommend approval of the rezoning. Mr. Cochran was present to represent his application. He said that the staff report was wrong in that there was one large house and two small cottages reather than two houses and one cottage. He further stated that the letter he presented to Mr. Humphrey explained his reasons for desiring to rezone the property back to A-1. His reason for the rezoning was so he could sell the property to Nan Theresa Rothwell, who desired the A-1 zone. The public hearing was closed, therefore, Mr. Carr made a motion to approve the rezoning, which was seconded by Mr. Rinehart. Mr. Staley asked what would be the status of the property if the Special Use Permit were denied. He was informed that the zoning would be contingent upon the approval of SP-235. Therefore, Dr. Catlin said they would hear the Special Permit before taking action on the zoning petition. 2. SP-235. Nan Therese Rothwell has petitioned the Board of Supervisors to locate a pottery craft shop on 2.62 acres of land zoned RS-1 Residentail. Property is situated on Route 250 West at Brownsville. Property is described as Tax Map 56 Parcel 34, White Hall Magisterial District. Mr. Humphrey presented the staff report to the Commission. Mr. Mallory, an adjacent property owner wanted to know what rests 19 fictions would be placed on the activity. Dr. Catlin read the restrictions that were recommended by the Planning staff. Page Mr. Forbes Reback, representing Mrs. Rothwell, said the applicant would agree to burying the propane tank that would be used to fuel the kiln. At this time the public hearing was closed and both petitions, ZMP-260 and SP-235, were put before the Commission for action. The motion for approval of ZMP-260 carried unanimously. Mr. McClure said he was bothered by condition #3 of the staff's report on SP-23S which said "No outside storage (uncovered)." He wondered if "covered storage" would look any better. Mr. Forbes Reback clarified the condition stating that all storage would be in a building. Mr. Rinehart made a motion to approve SP-235 subject to the conditions set forth in the staff's report. The motion was seconded by Mr. McClure. Mr. Carr made note that there should be a clear understanding that this permit was being granted to the applicant and could not be sold with the property. Mr. Staley questioned the safety of using propane gas. A repre- sentative of the gas company, Mr. Sprouse, elaborated on the safety of propane gas, saying that his company served approximately 32,000 customers in this area and had not had a fire for three years. He said the only time time propane could be dangerous is when it is misused. The motion for approval of SP-235 carried unanimously and the following conditions were attached to the Special Use Permit: 1. No retail sales allowed on the premises. 2. All activity confined to the dwelling and accessory structures. 3. No outside storage. 4. No more than three employees. S. Underground storage of propane. Page 3. ZMP-261. Eugene E. Brown has petitioned the Board of Supervisors to rezone 2.15 acres from R-1 Residential to R-2 Residential. Property is situated on Route 702, 1/4 mile from its intersection with old Route 29. Property is described as Tax Map 76, Parcel 15. Samuel Miller Magisterial District. The staff report was presented by Mr. Humphrey recommending denial. It was noted that Mr. Brown had constructed two duplexs in violation of the Zoning Ordinance and is now applying for zoning to make the duplexes conform with the zoning ordinance. Mr. Carter, attorney represening Mr. Brown, showed pictures of the duplexes and explained to the Commission that Mr. Brown had been told by a surveyor that his duplexes would be legal as his building permit did not specifically say "single-family dwelling." Mr. Cecil Mahanes, owner of two lots in Balmoral Hts. questioned what economic effect the rezoning of this property would have on his property. Mrs. Martin was of the opinion that the Commission should go along with the Planning staff in recommending denial. pq The public hearing was closed, at which time Dr. Catlin asked if the original plan was to build two single-family dwellings. Mr. Brown said he was under the impression that as long as he did not connect the two buildings, it would be permissible to build them. He further stated that Mr. Humphrey had told him several years ago that he could build these if he connected them with an enclosed breezeway. Mr. Humphrey, in reply, stated that Mr. Brown must have misunderstood him, because an enclosed breezeway would constitute a duplex whereas, if the two structures were located 20 feet apart, they would be considered a single-family dwelling. Mr. Carr was of the opinion that this matter should be deferred for one week since it would take more time to discuss the matter and he felt it would be wise to consult the County Attorney. Therefore, Mr. Carr made a motion to defer ZMP-261 until March 19, 1973. The motion was seconded by Mr. Tinsley and carried unanimously by those members Page 1 present. 4. ZMP-262. William Keith Woodard has petitioned the Board of Supervisors to rezone 1.5 acres from A-1 Agricultural to R-1 Residential. Property is situated on Route 657, 1/2 mile from intersection with Route 743. Property is described as Tax Map 45, Parcel 19B, part thereof. Jack Jouett Magisterial District. The Staff's report was presented by Mr. Humphrey, recommending denial. He pointed out that this property was the subject of rezoning before and was denied. Mr. Woodard elaborated on the request which was heard June 5, 1972, to rezone this property to R-1. He stated that the Planning Commission had recommended RS-1 at that time, but that it would be hard to make two lots on the front of the property like he wanted to, and still have room for a R-O-W- into the rear of the property, which he planned to keep as A-1, for his own private use. As the public hearing was closed, Mr. Rinehart said that since the land is sandwiched in between two parcels of higher density, he could not see that Mr. Woodard was asking too much in his request for R-1 zoning. He questioned the staff's basis for recommending denial. Mr. Humphrey commented that there was quite a long history on the zoning in this area. He referred to the Burton property which was zoned to R-3 several years ago because of non -conforming tri-plexes. He also said that the Comprehensive Plan showed this area as low density. There- fore, if the rezoning of this property were permitted, others in the neighborhood would desire such zoning. According to the Comprehensive Plan, too, low density is suggested because of the City's reservoir in the area. Mr. Woodard told the Commission that three years ago Lovelace and Lutz asked for R-3 on this property and this would be the second time R-1 zoning was requested to be granted. Mr. Woodard emphasized that he Page already had building permits for two houses and their action on this request would determine whether they would be rented out or sold. Mr. Staley questioned the water situation. It was ascertained that there was no public water or sewer available, but that the Burton property did contain a central well system which they might use. After a short discussion on water, sewer and lot size, Dr. Sams made a motion to recommend denial to the Board of Supervisors. The motion was seconded by Mrs. Craddock. with Mr. Rinehart abstaining. The motion carried by a 7-1 vote 5. ZMP-263. Stackhouse, Inc. has petitioned the Board of Super- visors to rezone 10.23 acres from A-1 Agricultural to M-1 Industrial. Property is situated on Route 643, 1/2 mile from its intersection with Route 743. Property is described as Tax Map 45, Parcel 55. Charlottesville Magisterial District. Mr. Humphrey presented the staff's report, noting that this same petition had come before the Commission in 1970 and 1971. Each time the Planning Commission had recommended denial and the Planning staff was recommending denial again. 9 Mr. Rick Carter, attorney representing Stackhouse, told the Commission that since this was their third time before the Commission and Board they apparently felt they had a valid reason for wanting to rezone this property. He informed the Commission that their desire was to park six trucks on 10 acres of land. He said they were well aware of the objections because of the traffic on the small road, but he felt these would be objections any place in the County. He pointed out to the Commission that to park trucks there would be less dangerous than building houses, since this property falls in a guide path to the airport and would be subject to airplane crashes. Miss Shirley Goulder, speaking for her father, expressed opposition to the rezoning. Dr. Catlin read a letter from Mr. Goulder and Mr. Robert Vanderveer, also, in opposition. Page Mrs. Garcia, a resident along the subject road, expressed opposition. The public hearing was closed and after a short discussion, Mr. „�. Tinsley made a motion to deny ZMP-263, which was seconded by Dr. Sams. The motion carried unanimously. 6. ZMP-264. B. L. Thurston and Frances Thurston have petitioned the Board of Supervisors to rezone 1.0 acre of land from A-1 Agricultural to RS-1 Residential. Property is situated at the end of Route 707 near the C&0 Railroad. Property is described as Tax Map 55, Parcel 25A, part thereof. White Hall Magisterial District. The staff report was presented and Mr. Humphrey informed the Ccttmissicn that in April of 1972, the Board had granted RS-1 zoning on one acre of Mr. Thurston's land so his daughter could build on it. At this time, he is requesting another acre be zoned RS-1 so that his son may build. Mr. Thurston spoke on his petition and showed a plat of the one acre parcel that was zoned in 1972. The public hearing was closed and Dr. Catlin said he did not feel that a precedent had been set by granting the RS-1 zone last year. He felt the staff report was wrong in indicating a precedent had been set. Mr. Rinehart questioned why Mr. Thurston did not give his son two acres. Mr. Thurston said it was due to the extreme topography making it impossible. Mr. Rinehart said that unless he could see the plat showing what was desired, he would turn the application down. Mr. Carr said that most of them were familiar with the property as they had viewed it last year, but he felt that they might be able to find two acres on that land this time. Mr. Rinehart made a motion to defer ZMP-264 until there is something on paper to the effect that a two -acre lot cannot be accomplished. There was more discussion on the topography of the land and whether or not a two acre lot might be obtained. Therefore, Mr. Rinehart's motion was reworded as follows: action to be deferred until Mr. Thurston has an Page Engineer ,give a report as to the feasibility of cutting out a two -acre lot. The motion was seconded by Mr. Carr, and carried unanimously. Mr. Thurston asked how long a period of time he would be given to accomplish this. Dr. Catlin informed him that he had 60 days to report back to the Commission, after which time he would have to file a new application. 7. ZMP-265. Samuel. D. Stokes, Jr. has petitioned the Board of Supervisors to rezone 2.191 acres of land from A-1 Agricultural to RS-1 Residential. Property is situated on Route 631, one mile from its intersection with Route 706. Property is described as Tax Map 89, Parcel 53D. Scottsville Magisterial District. The staff report was presented by Mr. Humphrey, recommending denial of the request. Mr. Stokes, in speaking on this petition, said he felt a precedent had already been set in the area. He said, too, that he could build a duplex on the lot with a Special Permit, but he felt that the Commission would rather see a single family dwelling there. Mr. Stokes' son told the reason for the request was so that he coul build a house on half of the 2.191 acres. The public hearing was closed. Mrs. Craddock asked the sizes of other lots in that area. Mr. Humphrey informed her there was a mixture of small acreage which formed a small community. Mr. Rinehart moved to deny ZMP-265. The motion was seconded by Dr. Sams and carried by a 7-1 vote with Mr. Staley voting no. 8. ZMP-266. Ardelia Robinson Estate has petitioned the Board of Supervisors to rezone 2.45 acres of land from A-1 Agricultural to RS-1 Residential. Property is situated on Route 757 near its inter- section with Route 627 in Esmont. Property is described as Tax Map 128A(1), Parcel 33A and 33B. Scottsville Magisterial District. The staff report was presented which recommended approval. Mr. Robinson informed the Commission that he wished to build a house on the property. Page ... Mr. Carr asked if the property fronted on a public ROW. It was ascertained that it was a State maintained road. Mr. Tinsley made a motion to approve ZMP-266, which was seconded by Dr. Sams, and carried unanimously. 9. UP-73-03. Certified Welding Corporation has petitioned the Board of Supervisors to amend the Zoning Ordinance, section 8-1-27(12) to allow welding in the M-1 Industrial zone with a Special Permit. The staff report was presented by Mr. Humphrey. It was noted that this Use Permit is in conjunction with a previous request for rezoning from A-1 to M-1 on Route 742 (ZMP-259). There was some discussion on the recommendation of the Planning staff that all welding take place inside a building. Mrs. Garcia said they may have to weld a large crane or some other large piece of equipment which might not fit into a building. Dr. Catlin agreed with Mrs. Garcia that this requirement might be difficult to meet. Mrs. Craddock asked if this would be the sort of work that neicfibors would complain about. Dr. Catlin said that each case would have to have a public hearing, thereby permitting them to hear from the public. It was suggested that the Commission see the wording of the amendment before taking action, therefore, UP-7.3-03 was deferred until March 19th. Mr. Staley felt that perhaps inside welding should be permitted in a M-1 zone and outside welding in a M-2 zone. Dr. Catlin asked Mr. Humphrey to work on this matter and report back on March 19th. In Dr. Catlin's opinion there would be some welding that would have to be done outside in a M-1 zone. It should be noted that SP-173 and SP-182 were moved to the last part of art the agenda. Page., 10.. SP--232. Monticello, Motors, Inc., has petitioned the Board of Supervisors to locate a travel -trailer sales and mobile home sales on 7.8 acres of land zoned B-1 Business. Property is situated on Route 29 North adjacent to Berkeley entrance. Property is described as County Tax Map 61, Parcel 119. Charlottesville Magisterial District. At this time, Mr. McClure disqualified himself from participation in this public hearing. Mr. Humphrey presented the staff report, recommending denial. ' Mr. Walter Verling, representing Monticello Motors, said he would like to take "Mobile home sales" out of his petition, as he did not understand the definition at the time he applied for the Special Use Permit. He said he only intended to sell the campers. Mr. Ron Shelly, in voicing opposition, said if Monticello .Motors manages this lot like they do the car lot, it would be very unsightly indeed. Mr. Calvin Thompson, home owner behind Monticello Motors, said the rear of the property was very umsightly and felt that some sort of screening device should be put up. Mr. Lawrence Petit, President of Berkeley Community Association, said that they object to the request but if it is approved, they would ask that (1) adequate screening be provided and (2) safety conditions at the entrance be improved and made mandatory. A resident of Commonwealth Drive expressed oppostition due to the unsightlyness of the property. Mr. Verling pointed out that the campers would be placed on the front of the lot and would in no way affect the rear of the property. Mrs. Graves was of the opinion that something should be done about the unsightlyness of the lot. Page ,­;;� r Dr. Catlin read a letter from Joseph M. Wood and David Wood, who object to the granting of the Special Use Permit. Mr. Carr pointed out three uses on this property, used car sales, travel trailer sales, and a mobile home park,. It was ascertained that Crenshaw's Trailer Sales and Park are non -conforming uses. Dr. Catlin was of the opinion that this opportunity should be used to provide screening to the rear of the property. There were thoughts about a deceleration lane, but it could not be determined whether there would be room for one. Dr. Sams asked if they could provide on -site parking. There was more discussion on ttie unsightlyness of the lot and comments regarding the existing car lot, which had site plan approval. Mr. Carr was of the opinion that it would be inadvisable to extend the use of this lot at this time, therefore he made a motion to defer the matter. The motion was seconded by Mr. Tinsley and carried by unanimous vote. Dr. Catlin asked Mr. Humphrey to report back on March 19, 1973 on the present permit. 11. SP-233. William J. Smith has petitioned the Board of Supervisors to locate a permanent mobile home on 5.97 acres of land zoned A-1 Agricultural. Property is situated on Route 615, 1/2 mile from Lindsay. Property is described as County Tax Map 67, Parcel 1A. Rivanna Magisterial District. The staff report was presented recommending approval subject to septic tank system approved by the Health Department and a 50 foot setback from ROW. Mr. Smith was present to represent his application. Mr. Tinsley informed the Commission that he had viewed the site Page and felt that a 100 foot setback would be more in keeping with the neighborhood. It was ascertained that this would be no hardship to the applicant. Mr. Tinsley made a motion to approve SP-233 subject to Health Dept. approval of a septic tank system and a 100 foot setback from the ROW. The motion was seconded by Mr. Staley and carried unanimously. 91 12. SP-234. The Family Activities Center has petitioned the Board of Supervisors to locate a summer camp and winter weekend activities on 25 acres of land zoned A-1 Agricultural. Property is situated on Route 641 near the Southern Railroad. Property is described as County Tax Map 34, Parcel 53A. Rivanna Magisterial District. The staff report was presented by Mr. Humphrey and he said that before the staff could make any recommendations they would have to have a generalized site plan. Miss Susan Cooney, representing the application, read to the Commission a letter from The Family Activities Center Board of Directors. This letter informed the Commission of the activities planned. Miss Cooney also stated they planned to accommodate between 25 and 50 children per week. 'RA ®uC Mr. Rccade, an adjacent property owner, presented a petition to the Commission in opposition to the granting of this permit. Miss Cooney emphasized that this would not be a commercial venture, but a family oriented program. She said, too, that showers, toilets and kitchen facilities would be provided. ► quIr Mrs. Reece said they had already had people from this organization wandering onto their property, which was posted. She was concerned that 25 acres would not be sufficient to let children run free, and the Page 1,'f fact that the children might come onto their property where there is a pond, was of concern to her. Mr. Charles Sudduth, an adjacent property owner, pointed out that one of their property lines was the Southern RR tracks, which he did not feel would be very safe for children. A gentleman that ownes horses and a stable nearby objected to the facility. Mr. Walter Yeager, representing himself and ten others across the RR tracks said that they had 33 acres they were willing to open up to the camp. He further stated that the RR was responsible for building fences to protect the public. Mrs. Garcia asked who supported the operation if it were not a commercial venture. Miss Cooney informed the Commission that the organization received funds from the Government, churches and Arlington County. She also said that she knew people had gone onto the Rocades property and that if a permit were granted, the property would be fenced so theis would not happen again. Mr. Rocade expressed concern over who would police the camp to be sure they were complying with the conditions that the Planning Commission might impose. Mr. Sam Springer told the Commission that he had spent 2 1/2 years with the Department of Agriculture visiting camps such as this, and in his opinion 25 acres would not be enough land for a camp. He also questioned the reason for having the camp in Albemarle County where Page .- land taxes are at a premium. Mrs. Cooney replied that the land was offered at such a low price they could not afford to say no. The public hearing was closed. Dr. Catlin felt that Mr. Humphrey should have time to receive the material that he needed in order to make a recommendation. Mr. McClure made a motion to defer the matter until March 19th, which was seconded by Mr. Carr and carried unanimously. 13. SP-236. David W. and Norma E. Hines have petitioned the Board of Supervisors to locate a permanent mobile home on 3 acres of land zoned A-1 Agricultural. Property is situated off Route 785, 1/2 mile from its intersection with Route 649. Property is described as Tax Map 32, Parcel 24 part thereof Rivanna Magisterial District. Mr. Humphrey presented the staff report recommending approval subject to septic tank approval and 50 ft. setback. Mr. Hines said his mobile home would be placed 150 feet from the ROW and that the Health Department had already checked for the septic tank. Mr. Warren Estes, a property owner on Route 785 questioned whether this would be a temporary or permanent mobile home permit. He said he had no objection as long as it would be on a temporary basis. Mr. and Mrs. Hines said they hoped the mobile home would only be hhei7e on a temporary basis, but they could not make any promises because of not knowing what their financial condition might be in a few years. There was some discussion about approving the permit on a temporary basis of five years. Mrs. Lovelace, a resident on Route 785, was opposed to a permanent mobile home. She also informed the Planning Commission that Mrs. Hines operates a beauty salon in the mobile home and was concerned about the IVd extra traffic on the road as a result of this activity. Page ... Mrs. Hines confirmed that she did operate a 3-hair-dryer salon, r►' with maybe six customers a day, and no more. Mr. Carr made a motion to approve SP-236 for five years, subject to review by theBoard of Supervisors and a septic tank system being approved by the Health Department and a 50 foot setback. The motion was seconded by Mr. McClure and carried unanimously. 14. SP-237. Wolverly Corporation has petitioned the Board of Supervisors to locate a central well to serve 16 dwellings on 33.59 acres of land zoned A-1 Agricultural. Property is situated on Route 20 South, 5 miles from Charlottesville. Property is described as Tax Map 90, Parcel 11. Scottsville Magisterial District. Mr. Humphrey presented the staff's report to the Commission. Mr. J©hn Wolf, applicant, related to the Commission his desire to locate a central well to serve 16 rental cottages. He further stated that this well would come under the jurisdiction of the Regional Health Dept. rather than the local City -County Health Dept.. A representative from the Regional office had already informed Mr. Wolf, where he should drill for the well. Nearby neighbors of Mr. Wolf were strongly opposed to his locating a central well system in the particular place designated by the Health Dept.. They were afraid that this well would take all the water in that particular vein and leave their wells dry. Those who spoke in opposition were: Mr. Hunter McCauley, Mr. Robert Batten, Mr. George Hamm, Mr. John Scott, Mr. Walker Manley, Mr. Cribbard, Mrs. John Manley, and Mrs. Gertrude Manley. Mr. Wolf told the Commission that there was a lot of water there now running down from the hill where he proposed to drill the well. He planned to have, depending on the water flow, from 1,000 to 3,000 gals. 44*-' of water in underground storage tanks. Mrs. Gertrude Manley asked why he couldn't go to the back of his Page property, across the creek, and drill his well. Mr. Wolf replied that the Regional Director appoints the place to drill the well. Mr. Wolf pointed out that if the Special Permit was denied him, he would drill eight small wells to accommodate his 16 cottages. Mrs. McCauley asked what recourse they would have if all their wells went dry. Dr. Catlin was of the opinion that maybe the location of the well could be changed and therefore alleviate the problem. Mr. Tinsley asked if the water would be delivered to the cottages by gravity. It was ascertained that it could be done by gravity but there would be a pressure tank. Dr. Sams was of the opinion that there was not enough information to make a decision. He felt that at this point, he would have to vote against the Special Permit because Mr. Wolf did have some alternatives, but -the .landowners did not have an alternative if their wells went dry. Y Dr. Catlin pointed out that Mr. Wolf's alternative was to drill eight wells instead of one or move the central well to another location. Mr. Carr suggested that the Commission ask Mr. Wolf and Mr. Humphrey or some member of the Planning Commission to talk with the representative of the Regional Health Department and express the concern of the landowners involved to see whether it would be best to drill one well or eight wells. Mr. Wolf said he had been consulting with Mr. Caldwell of the Regional Office and this would be the person to talk to again. Mr. McClure made a motion to defer SP-237 and that someone in the Planning Department contact the State Health Department and get some statement as to the feasibility of the location of the well. The motion was seconded by Mr. Tinsley and carried unanimously. Dr. Catlin is moo to communicate with the State Health Department. Page �� -)3 15. SP-238. J. Gilbert Somers has petitioned the Board of Supervisors to locate a stained glass fabrication shop on 137 acres of land zoned A-1. Property is situated on Route 737, 1/2 mile west of Scottsville Magisterial District. The staff's report was presented to the Commission. Mr. Richmond, attorney representing Mr. Somers, said this would not be an industry, but a highly specialized craft operation. It was pointed out that Mr. Somers and his son would operate the shop. The business consists of cutting small pieces ofglassand making windows out of them. Mr. Richmond also stated that there is no plan to expand the business, but at times they may need two additional employees for labor purposes. Dr. Sams questioned what type of fuel would be used for the kiln. He was told it would be electric. Mr. Sam Brown, adjacent property owner, had no objection to the operation. Dr. Sams made a motion to approve SP-238 subject to the following conditions: 1. No retail sales on premises. 2. All activity confined to the proposed building and accessory structures. 3. No uncovered outside storage. 4. No advertising signs on premises. 5. No more than two employees. The motion was seconded by Mr. Staley. Mrs. Craddock asked if Mr. Somers would be permitted to have any signs on the property. She was informed that he could have a location sign. The motion for approval carried unanimously. 16. SP-239. Edward Lumsden Smith has petitioned the Board of Supervisors to locate a duplex (Basement apartment) on 3.0 acres of land zoned A-1 Agricultural. Property is situated on Route 678 near Ivy. Property is described as Tax Map 58, Parcel 79A, part thereof. Samuel Miller Magisterial District. Mr. Humphrey presented the staff's report. Page Mr. Smith informed the Commission that this would not be a permanent basement apartment, but was only intended to help him finance his home for a while. The public hearing was closed and Mrs. Craddock asked if he would have a well and septic system. Mr. Smith said he could. After a short discussion as to whether or not a time limit should be placed on the permit, Mr. McClure made a motion to approve SP-239, which was seconded by Mr. Staley. Mr. Staley said that in view of world conditions regarding vandalism, and regarding older people, he felt that it was good to have two families in one house. Mr. Rinehart thought it whould be limited to five years because this area is a holding zone and could go to residential without duplexes. The motion for approval without a time limit carried with a 7-1 vote with Mr. Rinehart voting no. 17. SP-173. Albemarle County Zoning Office for Ruby Sandridge has petitioned the Board of Supervisors to renew this Special Permit for a temporary junk yard for junk car removal on 5 acres of land zoned A-1 Agricultural. Proporty is situated on Route 240, 1/4 mile east of Acme Visible. Property is described as Tax Map 56, Parcel 78. White Hall Magisterial District. 18. SP-182. T. E. Wood and the Albemarle County Zoning Office have petitioned the Board of Supervisors to renew this Special Permit for a temporary storage yard for junk vehicles on land zoned A-1 Agricultural. Property is situated on Route 29 South near Red Hill, Virginia. Property is described as County TAx Map 75, Parcel 8. Samuel Miller Magisterial District. Mr. Humphrey reported that the junk car operation is, in general, being conducted successfully, but they need additional time. Therefore, the Planning Office is requesting an extension on their permit until June 30, 1973. Mr. McClure made a motion to approve an extension of time to June 30, 1973 for SP-173 and SP-182. The motion was seconded by Dr. Sams and carried unanimously. Page - v The meeting was adjourned. ecretary M MARCH 12 , 1973 A meeting was held by the Albemarle County Planning Commission on March 12, 1973 at 7:30 P.M. in the County Courthouse. 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 and Mrs. Ellen B. Craddock. Also attending were Mr. Lloyd Wood and Mr. Gerald Fisher, County Supervisors. MR. William S. Roudabush, Jr. was absent. The meeting was claled to order and a quorum was established. At this time, Dr. Catlin asked for the first public hearing to commence. 1. SP-240. Jerry and Linda Jordan have petitioned the Board of Supervisors to locate a permanent mobile home on 30.6 acres of land zoned A-1 Agricultural. Property is situated on Route 717, near its intersection with Route 630. Property is described as Tax Map 119, Parcel 51. Scottsville Magisterial District. The staff's report was persented by Mr. Humphrey. Mr. Jordan was present to represent his application. Mr. Jordan informed the Commission that he had an option to buy this property which had a small one -bedroom cottage on it. This house would be too small for his family of three children, therefore, he might like to attach his mobile home to the house to accommodate his family. Mr. Webber, a nearby property owner expressed opposition to the location of the mobile home. He was of the opinion that if this mobile home were allowed, it would set a precedent for allowing others. A lady also spoke in opposition to the mobile home as she felt it would take away from the value of her property. Mr. Tinsley questioned whether Mr. Jordan would agree to a five-year permit, which would have to be renewed at the end of five years. Mr. Jordan informed the Commission that this would be agreeable to him. Mr. Carr asked Mr. Jordan if he were committed to buy the property. Mr. Jordan said he had already signed papers, thereby committing himself. The public hearing was closed and Mr. McClure made a motion, based on the fact that the mobile home was already owned, that a permit be granted for three years and at the end of that time that Mr. Jordan reapply. The motion was seconded by Dr. Sams. Mr. Rindhart said he would like to see some screening accomplished as this is an open area. Mr. McClure accepted this and made screening part of his motion, said screening to be accomplished to the satisfaction of the Zoning Administrator. Mrs. Craddock wondered if maybe the Planning Commission was setting a precedent by allowing this mobile home in this area where there are none. She pointed out that there are new subdivisions going -up and with any screening at all it would still take five or six years to be effective. She questioned whether Mr. Jordan could place his mobile home in the woods on his property. Mr. Jordan said he had not thought about placing it in the woods and he wished to use the septic tank by the house and perhaps the house too. Mr. Tinsley asked Mr. Jordan if he had explored the possibility of enlarging or remodeling this existing house. Mr. Jordan said his credit 19 was extended to its limit, therefore, it would be impossible at this time. Mr. Paddock asked if Mr. Humphrey could explain to him again the restrictions on mobile homes. Mr. Humphrey informed Mr. Paddock that mobile homes are permitted in the A-1 zone with a Special Permit if the mobile home conforms to the character of the surrounding areas. Mr. Staley was of the opinion, that a mobile home should not be attached to a house. Mrs. Craddock was of the opinion that this would not be a compatible place for a mobile home and she could not vote on the motion that was presented by Mr. McClure. There was some discussion as to the location of the mobile home, whether it would be to the side or rear of the house. Mr. Rinehart asked if they could make it a condition that the mobile home be placed to the rear. Mr. Carr felt that Mr. Jordan did not really know exactly what he was going to do with the mobile home once he got the permit and he thought this was something the Commission should know before granting a permit. Mr. Jordan said he had been told to get the permit first, then think about the other things. Dr. Catlin suggested that the application be deferred for one week to give Mr. .Jordan time to decide what he wished to do with the mobile home. After some further discussion about where to place the mobile home Mr. McClure's motion for approval was conditioned on the following; (1) Health Department approval for septic tank system, (2) permit limited to three years, at which time the applicant must re -apply, (3) adequate screening to the satisfaction of the County Planner, and (4) the mobile home must be located to the rear of the house. This motion was again seconded by Dr. Sams. The motion carried with a 7-1 vote with Mrs. Craddock voting no. 2. SP-241. Elwood B. Shiflett has petitioned the Board of Super- visors to locate a permanent mobile home on 6.28 acres zoned A-1 Agricultarai. Property is described as Tax Map 119, Parcel 51, White Hall Magisterial District. The staff's report was presented by Mr. Humphrey. It was noted that Mr. Shiflett was not present. Mr. Paddock, an adjacent property owner, spoke in opposition to the permit being granted. He felt this would set a trend in that area, which would lead to more mobile homes being located there. Mr. Walter Young, owner of some 20 lots nearby, was opposed to the mobile home. He did not think that Mr. Shiflett would "stop with just one mobile home but would try to locate others there. Mr. Young said, too, that there were a lot of people planning to come to the meeting to express opposition, but they did not know the public hearing was being held tonight. Mr. Rinehart mentioned that it had been the Planning Commission's policy not to approve Special Permit's unless the applicant was present. The hearing was closed to the public. Mr. Rinehart pointed out that the Commission did not know where on the 6 acres that Mr. Shiflett wished to place the mobile home. Mr. Carr said he was familar with the property, and was of the opinion that this was not a proper place to locate a mobile home. Therefore, Mr. Carr made a motion to deny SP-241. The motion was seconded by Mr. Tinsley and carried unanimously. 3. SP-242. Holden Art Center, Inc. has petioned the Board of Supervisors to locate a private educational institution on 5;55 acres of land zoned B-1 Business. Property is situated on Old Ivy Road off Route 250 West. Property is described as County Tax Map 60, Parcel 25. Samuel Miller Magisterial District. Mr. Rinehart disqualified himself from discussion and voting on this application. Mr. Humphrey, in presenting the staff's report, presented a site plan and read a letter from Holden Art School. He suggested that a detailed site plan be presented to show the existing utilities and grading plans. He also suggested that the apartments be tied to the school and not be for rent in general. Mr. Leon Armentrout, representing the application, said that this would be a long-range plan. Their first phase would be to use the residence and garage with a 19 foot addition for a gift center. Later they would build more as indicated on the site plan, but this would depend upon the avilability of sewer. Dr. Catlin asked if Mr. Armentrout could give him some background history on this school. Mr. Armentrout said the school was formed in 1964 and that it was a small private school. They have some students from New York, Tennessee, and other nearby states. He stated, too, that the craft activity is a recent development which merits additional attention. Their present location on Arlington Blvd. will not be able to accommodate the new activity, therefore they have to move to larger surroundings. He stated that there are between 35 and 40 students in the school now, and they anticipated approxmiately 40 people for the crafts class. There was discussion on a deceleration lane as to whether one would be necessary or not. Dr. Catlin asked if the items sold in the shop would be restricted to the items produced by the students. Mr. Armentrout said they would also sell supplies for making the products. Mr. Carr was of the opinion that Holden Art School was a very desirable business in that area. He said the property from Piedmont Tractor to Farmington concerned him and he felt that this school would preserve the character of the area. Mr. Carr made a motion for approval of the application, but he was concerned about the deceleration lane and did not know if they should defer the matter or have the State Highway Department look into it. Dr. Catlin asked Mr. Carr if he wanted to add a detailed site plan to his motion. Mr. Carr said he would. Mr. Rinehart, speaking for Holden Art Center, said they were quite anxious to build a small addition to the garage but all the other buildings would be built in the future. He asked if they would approve this phase and then Holden Art Center would present detailed site plans for each phase thereafter, even building a deceleration lane when it was needed. Mrs. Craddock expressed concern over the traffic situation that might develop in a few years when the school grows larger. Mr. Carr's motion to approve SP-242 subject to arevised site plan indicating present expansion /approval of the and a deceleration 1 aneinvestigated with the State Highway Department was seconded by Mrs. Craddock and carried unanimously. Mr. Rinehart did not vote or participate. 4. Donald Richardson -restricted road request to serve one parcel, 8.59 acres. Located north side of Route 674 off Route 810 near Montfair. It was ascertained thata plat was not available for the Commission tonight due to misunderstandings. Mr. Humphrey described to the Commission the desires of Dr. Richardson. Miss White, assistant to the County Planner, said that the Chairman of the Board of Supervisors said the Planning Commission could act on this restricted road plat because this plat had been pending before the moratorium was established. Mr. McClure disqualified himself from voting on the plat as he is Dr. Richardson's lawyer. Mr. McClure said the reason for the restricted road was in order to get financing. Dr. Richardson ownes 160 acres of land that has a private easement as his only access and in order to get financing for a home he has to cut off these 8.59 acres, which would have to have a restricted road running to it, from his private easement. Dr. Richardson said he would be glad to make a stipulation that no roads would be taken off this private easement. After further discussion, Dr. Sams moved to approve the restricted road subject to no one else using it. The motion was seconded by Mr. Carr and carried unanimously. At this time Mr. Humphrey asked if the Commission would hear from Mr. Max Evans and Mr. Coty, representing Ednam Village. Their request was for site plan approval which had been deferred from a previous meeting because the Commission desired to view the site. The Commission agreed to hear any additional information Mr. Evans might have even though they had not had opportunity to visit the site yet. Mr. Coty said they had approval from the Health Department and the County Attorney, now they needed approval of this restricted road as soon as possible. Mr. Evans informed the Commission that the topography of the land is such that a State Road would have to come in at a different angle and therefore they would rather have a restricted road. Mrs. Craddock said she had looked at the land and felt this would be a very good use for it. Mr. McClure reminded the Commission the reason for the deferral last time. He said a road could be put in according to the ordinance, and if this restricted road were permitted, it might set a precedent for the area. Mr. Evans said they were actually requesting a 25 ft. right-of-way instead of a 50 ft. right-of-way for the road, which is really an extension of the entire area where private roads exists. He asked that the Planning Commission take some kind of action so they can go before the Board of Supervisors in March. Mr. Rinehart suggested that they approve the site plan pending the outcome of the Committee on Restricted Roads. Dr. Catlin was of the opinion that they should wait until the report from the committee was presented before making a decision. There was further discussion, with the site plan being deferred until after they heard a report from the Restricted Road Committee. Each Commissioner was asked to inspect the site individually. 5. DISCUSSION OF FIELD TRIPS. Mr. Carr said someone had raised the question about field trips and the fact that the attendance was not as it should be. Mr. Carr was of the opinion that the Chair should consider making 1, 2, or 3 persons responsible for viewing these sites, then responsibility is felt and the job gets done. Dr. Catlin said they should try to do that. Mr. Carr also told the Commission that he felt it was unreasonable to ask people to stay until 11:30 at night to have their case heard. (This happened on March 5, 1973). He said he was agreeable to meeting on additional nights. Dr. Catlin was of a similar opinion and said maybe the Supervisors should join with the Commission so that only one public hearing would be necessary. Then the Commission and Supervisors would make their decisions at another meeting. Dr. Catlin pointed out too, that with one public hearing,the Supervisors would hear the same story that the Planning Commission hears. Dr. Sams felt he would have trouble remembering what the applicant said and how he said it, if he had to wait until another meeting to make a decision. Dr. Sams said maybe 4 or 6 hearings per hour could be scheduled. Mr. Carr asked Mr. Fisher if he thought the Supervisors always heard the same story as the Planning Commission. Mr. Fisher said at times there was discrepancy and that was the reason he attended both meetings. Mrs. Craddock was of the opinion that there were two solutions (1) cut down on the number of cases to be heard or (2) spread out the hearings over more meetings and use extra nights to do workshops. After some further discussion, it was agreed that they would hear no more than 10 public hearings on the first Monday night in the month. The third Monday night would consist of site plans, plats and anything that might be deferred from the first Monday night. The second and fourth Monday nights will be used for work sessions on the Zoning Ordinance. It was noted that there are three months with five Mondays, the Mondays will be used to take care of public hearings that might backup. Mr. Humphrey presented the workbooks to the commission that the Planning staff prepared to assist them in their study of the Zoning Ordinance. There being no further business, the meeting was adjourned. Secretary a March 19, 1973 This Gas a regular meeting of the Albemarle County Planning Commission held on March 19, 1973 at 7:30 p.m. in the Board Room of the County Office Building. Those present were: Messrs Avery Catlin, Chairman; M. Clifton McClure, Vice -Chairman; Wilbur C. Tinsley, M. Jack Rinehart, Louis C. Staley, James Sams, and Mrs. Ellen B. Craddock. Mr. Carr arrived later during the meeting. Mr. Lloyd F. Wood and Mr. Gerald Fisher, County Supervisors, were also present. Mr. William S. Roudabush, Jr., was absent. The meeting was called to order and a quorum was established. Dr. Catlin -said the four itmes on the agenda were public hearings deferred from the March 5, 1973 agenda. Tonight the Commission is requested to take action on these items. 1.SP-232. Monticello Motors, Inc., has petitioned the Board of Supervisors to locate a travel -trailer sales and mobile home sales on 7.8 acres of land zoned B-1 Business. Property is situated on Route 29 North adjacent to Berkley entrance. Property is described as County Tax Map 61, Parcel 119. Charlottesville Magisterial District. Mr. Humphrey informed the Chairman that this petition had been withdrawn by the applicant. 2.SP-234. The Family Activities Center has petitioned the Board of Supervisors to locate a summer camp and winter weekend activi- ties on 25 acres of land zoned A-1 Agricultural. Property is sit- uated on Route 641 near the Southern Railroad. Property is described as County Tax Map 34, Parcel 53A. Rivanna Magisterial District. Dr. Catlin refreshed the memories of the Commissbners by relating some of their discussion from the March 5th meeting. Mr. Humphrey informed the Chairman that he had received additional information in the form of a site plan and several letters. He noted that the letter from Mrs. Cooney could be used to place conditions on the Special Permit, as this letter indicated the proposed number of children, counselors, types of buildings, etc. Dr. Catlin asked if children would be permitted on the property on weekends. Mrs. Cooney said they would come with the parents to clean and repair buildings. There were some questiom about the children and adults trespassing on the neighbors property, at which Mrs. Cooney said her organization would be willing to put up a fence on the one side where there is none. Mrs. Craddock was of the opinion that 25 acres is not enough land to take care of 50 children sufficiently. Mr. McClure was of a similar opinion, but felt that since the land was donated to them and they could not have afforded it otherwise, that the Commission should grant a temporary permit for one year and see how the project might work out. If at the end of the one year, the neighbors were still complaining, then the permit could be revoked. Dr. Catlin felt 25 acres would be sufficient if the project is 1414) property organized. But, Mrs. Craddock felt the purpose of the camp might be refuted because the children would be so restricted. Mr. Rinehart agreed with Mr. McClure in that the permit should be granted on a temporary basis for one year. Dr. Same said that if the permit were granted for one year and the organization made expensive improvements on the land, then the pressure for approval cif a Special Permit next year will be greater. Dr. Sams and Mr. Tinsley agreed with Mrs. Craddock that the 25 acres was not enough land for a camp of this type. Mrs. Craddock pointed out that the people that come to;work on the camp on weekends could swell to 50 or 60 people. These people could make a lot of noise to disturb the neighbors. Dr. Catlin said the number of families permitted on weekends could be limited. Mrs. Cooney said they usually had no more than 12 people on weekends if that many. Mrs. Cooney also informed the Commission that although the property was sold to them for a small sum , they could not sell it. She said that the property had been set aside for non-profit corporations use, and if they did not use it, it would go back to Madonna House and some other non- profit organization would use the property. Mr. Staley mentioned that perhaps the number of children should be reduced from 50 to a smaller number. Mrs. Craddock agreed, saying that 25 children would be better. Mr. Rinehart was of the opinion that 25 acres would be sufficient for the 50 children as the working area of a camp only requires 6-10 acres. Mr. Tinsley asked if fencing could be controlled. Dr. Catlin said that a line fence could be required as a condition. A nearby neighbor, speaking in opposition, said he could not get a septic permit for his land so he wondered how they could get approval for sanitary facilities. Mr. Humphrey pointed out that if the Health Dept. could not approve septic facilities,then the permit would be invalid. Mr. Rocade spoke, again relating the trespassing incidences on his property, and expressing concern about it in the future if the permit were granted. Mr. Rinehart suggested that the permit limit the number of people to 57 at any given time. Mr. Lloyd Wood asked what kind of repairs and improvements would be made on the property. Since this work would be done by inexperienced persons and probably go on for a number of years, he questioned the safety of the buildings. Mrs. Cooney informed the Commission that all major improvements would be done by a licensed contractor. She said the families would come on the weekends to paint, cut grass and do small repairs. Dr. Sams was of the opinion that since there had already been some problems like trespassing, that the permit should not be granted even on a temporary basis. There was more discussion about trespassing, with another neighbor expressing concern as children had been on her property where she has many cows and bulls. She felt that this could be very dangerous for the children if they were not supervised properly. Mr. Rinehart asked Mrs. Cooney what the least amount of children was that would be acceptable to the organization. Mrs. Cooney said she would take 30. Mr. Rinehart made a motion to approve SP-234 on a temporary basis for one year with the following recommendations: 1.During the summer months the program will serve 40 children per week, ages 6 to 12 years, with no more than 46 people on the property at any given time. 2.The staff will include one director, a part time cook and one counselor for every 10 children. 3.The children and staff will leave Arlington on Mondays and return on Fridays of each week. 4.Supplies and food will be purchased in the Burnley area weekly, therefore eliminating the need for any commercial delivery. S.The summer program will include recreational as well as educational activities. Of particular interest, of course, would be the experience of outdoor life, wildlife and the natural environment. 6.The children will be housed in 6-man pyramidal tents with wooden floors and waist high wooden sides. 7.Approval of the Health Department for sanitary facilities and kitchen facilities. 8.Bath house and kitchen -dining house be constructed. 9.Approval by the Highway Department for entrance road. Mr. McClure seconded the motion. ,Dt. Sams asked if they should specify the type of fence. Dr. Catlin was of the opinion that the fence would not be to keep the children on the property, but be a marker to show where someone else's property started. Mrs. Rocade asked what recourse the neighbors had if they came back next year and said the same thing as this time. She asked if they had any protection against this sort of thing. Mr. Rinehart felt that since Mrs. Cooney was now aware of how the neighbors felt that the Family Activities Center would be a good neighbor. Mr. Wood was of the opinion that this was not a suitable place for a camp of this nature and related an experience he had had with camping. He urged the Commission to deny the permit. The Chairman called for a vote. Those voting against the permit were Mr. Staley, Mrs. Craddock, Mr. Tinsley, and Dr. Sams. Those voting in favor of granting the permit were Mr. McClure and Mr. Rinehart. Therefore, the motion failed to carry, so SP-234 was denied. Mrs. Cooney questioned the reasoning for denying the permit and asked if she could reapply for a permit for 10 children. Dr. Catlin informed her there were a number of reasons for the denial such as the number of children, the acreage, the fact that the children would be from Arlington and not Albemarle, and the point of safety. Mrs. Cooney said they would be willing to do anything that was asked if they were granted the permit. 3.SP-237. Wolverley Corporation has petitioned the Board of Super- visors to locate a central well to serve 16 dwellings on 33.59 acres of land zoned A-1 Agricultural. Property is situated on Route 20 South, 5 miles from Charlottesville. Property is described as Tax Map 90, Parcel 11. Scottsville Magisterial District. Dr. Catlin reiterated what had been saidar the previous meeting concerning this central well system. He said he had talked to Mr. Cald- well,Aeting Regional Engineer of the State Water Control Board, and Mr. Caldwell said this seemed the most logical place for the well, but ` to find another site due to the concern that he would come back and try of the neighbors. Dr. Sams asked if Mr. Caldwell could foresee any problems if Mr. Wolfe were permitted to drill the well in the proposed location. Dr. Catlin said that according to Mr. Caldwell it could interfere with the neighbors water but no one could know for sure. Mr. Wolfe, in presenting new information, said his existing well had pressure enought to handle four cottages, therefore, he heeded a well to take care of aty 12 cottages. According to law, anything less than 15 cottages does not have to have state approval, so that wells can be drilled without Mr. Caldwell's approval. Mr. Wolfe said he had used a dowser to select a spot 250 feet from the original site. Now, what Mr. Wolfe proposed is that he be allowed to use the present well to serve four cottages anddrill up to four other wells to serve the remaining 12 cottages. Mr. Humphrey said this would be legal with the local Health Dept.'s approval. Mr. McClure questioned whether or not the present well would be drilled deeper. It was ascertained that it would not. Mr. Fisher was concerned that the new well location might be too near the drainfields of the neighbors. Mr. Tinsley moved for approval of SP-237 subject to the following conditions: (1) Health Department approval, (2) County Engineer's approval of size of lines, (3) not to exceed five wells, one of which shall be the existing well located approximately 40 feet west of the ROW for State Route 20, and (4) none of the remaining four wells shall be located nearer than 250 feet to the Route 20 ROW. The motion was seconded by Dr. Sams and carried unanimously. 4.ZMP-261.Eugene E. Brown has petitioned the Board of Supervisors to rezone 2.15 acres from R-1 Residential to R-2 Residential. r Property is situated Vad on Route 702, 1/4 mile from its intersection with Old Route 29. Property is described as Tax Map 76, Parcel 15. Samuel Miller Magisterial District. Mr. Humphrey reviewd the staff report somewhat to remind the Commissioners why the ZMP was deferred from March 5, 1973. Mrs Craddock asked if this petition had been advertised.It was ascertained that it had been advertised properly and that adjacent property owners had been notified by certified mail. Mr. Brown said there was no opposition to the rezoning. There was some discussion as to whether this requested zone would change the character of the neighborhood. Mr. Humphrey -pointed out that there were no immediate plans for sewer, but that it may be available in two years. Mr. McClure was of the opinion that R-2 would be a more desirable zone for this property because of the commercial property nearby. Mrs. Craddock made a motion to approve ZMP-261, which was seconded by Mr. McClure. Mr. Staley asked how many families would be living on the property Mr. Carter, attorney for Mr. Brown, said there would be four families in two duplexes and that Mr. Brown's deed restriction prohibited any more buildings from being built. Therefore, the motion for approval carried unanimously. Representatives of UP-73-03, Certified Welding Corporation, were present to ask the Commission to take action on their deferred use permit. Since this was not scheduled for this meeting, the Commission could not take action, but after a short discussion, it was determined that all the members present were in favor of the request to allow welding in an M-1 zone in an enclosed structure as long as it was not assembly line production. Certified Welding Corporation was informed that action would be taken in time for the Board of Supervisors to hold a public hearing.on the Use Permit this month. At this time, a, -scheduled work session was held on the Zoning Ordinance. Dr. Catlin presented his thoughts to the Commission on the Agricultural Zone. He felt the present A-1 zone should be divided into three sections: Rural Residential, Conservation and real Agricultural Mr. Rinehart was in agreement with Dr. Catlin that this seemed to be a reasonable approach. There was discussion on the acreages permitted in each category. Mrs. Craddock did not feel that you could call a conservation zone a "Conservation Zone" if you could have a house on every 5 acres of land. Mr. Humphrey said he could see no problem as far as these proposed categories were concerned, but that they should have a legal opinion as regards the acreage. The Planning Commission agreed that the Planning staff should be requested to use these three categories (Rural Residential, Conservation, and Agricultural) as a guide in developing the ordinance as it applies to the present A-1 zone. Dr. Sams asked if additional zones being added to the ordinance would increase the administrative responsibilities too much. It was ascertained that it would not increase the work load to a great extent. There was some discussion on density in the various zones, dealing mainly with a half acre lot. Mrs. Craddock asked if the Planning Commission would ever be able to say that they had stopped rezoning. She wondered if there would ever be a cut-off date for the development of Albemarle County. She felt that it would be necessary to limit the amount of PUD's and other developments. Discussion was'keld on the problems of making water and sewer available to various sections of the Couriy, with Mrs. Martin commenting that the only other alternative would be to develop private water and sewer systems which would be expensive. Mr. Humphrey said these would have to be -geared to the plan of the Rivanna Service Authority. Mr. Humphrey presented some questions from the workbook and asked the Commissioners to think about them. Dr. Catlin suggested that next Monday at the work session that thes questions be part of their agenda. Mr. Fisher added a question to the list in asking about the life of a Performance Bond. Mr. Carr was of the opinion that an agenda should be developed for the work sessions so that they could get some organized work done. Dr. Catlin asked the law students under Mr. Herbert Pickford's direction, if they would prepare an agenda that the Commission could use next Monday. Mr. Carr also requested some legal advice on the locating of mobile homes in parks being made mandatory. Mr. Staley said that since he may not be able to attend the meeting next week, he wanted the Commission to know tonight that he felt that mobile homes should be located in "Mobile Home Areas" and not in Parks. There being no further business, the meeting was adjourned. Secretary M March 26, 1973 This was a work session of the Planning Commission of the Albemarle County Planning Commission held on March 26, 1973 at 7:30 p.m. in the Board Room of the County Office Building. Present were: Dr. Avery Catlin, Chairman, M. Clifton McClure, Mr. David W. Carr, Mr. Wilbur C. Tinsley, Mr. M. Jack Rinehart, Mrs. Ellen Craddock, and Lloyd Wood. Absent were: Dr. James Sams, Mr. Louis C. Staley, Mr. William S. Roudabush. The meeting was called to order and a Quorum established. The minutes of February 5, 12, 26 and March 5 were approved with corrections. At this time discussion was held on the proposed wording for a new use with the M-I Manufacturing Zone relative to welding operations. The Planner and County Attorney had recommended that the use to be known and worded as "Welding operations" be placed under the M-I zone as a Special Use Permit. Upon conclusion of the discussion, relative to the recommendation unamimously approved and recommended to the Board of Supervisors that a new use under Use Permit 73-03 Certified Welding be incorporated under the Special Permit Provision if the M-I Zone to be described as "Light Welding Operations. At this time Dr. Catlin presented the following item not on the agenda. Dr. Catlin informed the Commission that the Chairman of the Board of Supervisors had relayed to him the "Boards" concern relative to members of the Commission have possible conflicts on items on the agenda, excusing themselves from a discussion and then answering Questions from the audience posed by members of the Commission. This concern was discussed by the Commission and noted. -2- At this time the Commission considered the proposed new Zoning Ordinance with the following discussion and approprate action taken as indicated. I. Discussion relative to questions presented by the Staff to receive direction from the Commission. 1. Does the County wish to require Special Permits for the Cluster alternative for subdivision of land. The consen- tus was that it should. 2. Does the County desire to reduce the number of usees re- quireing Special Permits? Yes if at all possible, " Realizing that by necessity there has to be this approach in many cases. 3. Does the County wish to require additional setbacks on those road established as scenic highways? The Commission was of the opinion there should be a minimum of a 100 setback. 4. The Commission suggested that there be provision for the grazing of livestock on a minimum of 10 acres in the R-2, R-3-R-T. 5. Does the County wish to eleminate Bill Boards and location signs along established scenic highways? The Commission was in agreement and the staff decided to develop methods to accomplish the removal. 6. Does the County desire to provide rental single family units outside the R-2, R-3, R-T and R-M Zones? The Commission was of the opinion that they should be prevented from localy but that minimum standards and site control be required. 7. The Commission was agreeable to closing all loop7 holes which made the soil and srosion ordinance inforceable relative to the original intent of adoption. 8. Relative to time limits Oh the validity of a Building Permit, the Commission was agreeable to a one year valid Permit with reference to 10% of the estimated value being the determining factor as to whether actual construction had commenced. 9. Special Permits Validity was established for one year. This would also be tied to Building Permits. At this time discussion was given to mobile homes relative to permitted use in the Zoning Districts. It was the consensus of the Commission that mobile homes would be permitted in the proposed conservation, agriculture and rural - -3- Residential Zones with Special Permit approval. In locating a mobile home under any circumstances other than for an emergency would require the Special Permit. There being no further business the meeting was adjourned. M M Page 849 After Mr. Gibson's presentation, he requested that those persons from the West Leigh area who were in opposition to this request for rezoning, stand so that the Commission could see how many people opposed the application. Approximately three- quarters of the people in the Court Room stood to show their opposition. Mrs. Frances Martin, representing Citizens for Albemarle, was of the opinion that the septic tank sytems should be approved before granting approval for such a development. She said the Citizens for Albemarle felt this petition should be denied until such time as there is some means of tax relief provided for and until such time as the new Zoning Ordinance and Map are prepared. Mr. David Lewis, resident of Route 677, objected to the rezoning due to over- crowding of the school, insufficient roads, no guaranteed water supply rAn� sewer system. Mr. Fred Richardson, an adjoining property owner, presented a petition with over 100 signatures of persons who were opposed to the rezoning. Again, schools, roads, water and sewerage were the topic of discussion. Mr. Richardson also pointed out that there is a small black community nearby in which the taxes have been raised so much that these people fear they will have to sell their property. This development could only make their taxes higher. He said, too, that he had done some investigation and found that there were approx. 1,200-1,500 acres of land between Owensville Road., Ballard Road and Route 250.Of this acreage, over 50% now has a dwelling on two acres or more, 1/3 is large acreage and 1/4 of the land is open to developers. He pointed out that one other large tract is open for negotiations, and if this application is approved, there may be another application soon. Mr. Richard Egan of West Leigh, speaking for Section III of West Leigh,said they were afraid the roads in West Leigh would be used by the people of this development and if this would be the case, the residents of Section III might have to move to protect their children from the traffic. Mr. Peter Manson noted two things:Ballard Road is 6 ft. narrower than a normal secondary road and it has three one-way bridges. He asked too, why a person would want 849 Page 850 to drive b miles from town to his home on a one acre lot when he could obtain a Cvupl� one acre lot in town. He felt the reason a peracn would drive that far was because they desired to live in the country, and not in a small -acreage subdivision. Mrs. Nancy Manson also voiced opposition because of the traffic conditions. Dr. Carrie Suitor said that he had developed land in that area, but he broke his eleven acres into a 4 and 7 acre tract. He felt the lots should be large than one acre. Mr. Paul gems of Owensville Road spoke in opposition to the request, mentioning water and roads again. Mr. Roudabush pointed out tothe West Leigh residents,that no connection was proposed to their subdivision, therefore, they would have no traffic problem. Further, the applicant is willing to submit proof for soil perculation test. Mr. Charlie Long was of the opinion that the residents of this new development would still come through West Leigh and he opposed the development because of the road situation. Mr. R. W. McGover objected to the petition because of the road situation. Mr. Don Timberlake was of the opinion that the children coming from Meriwether Hills Subdivision. would be more than enough to fill the addition that is planned for Meriwether School. Therefore, the children from this proposed subdivision would cause problems for the School Administration. Mr. Thornton felt the petition should be denied as this would be a poor place for a subdivision. He said he had moved to West Leigh because of the present zoning in the surrounding area. Mr. Louie Scribner was of the opinion that approval of this request would set a precedent becuase of the large number of developers holding property in this area. Also, he pointed out that the water line will not be completed until summer of 1974, then there would be additional time delay to construct lines up to Ballard Road. He concluded that the request was premature becuase of the water situation. 850